"Members are asked to be at their seats. We shall be led in prayer today by Wayne Padget, the Assistant Doorkeeper. Members and guests are asked to refrain from starting their laptops, turn off all cell phones, and rise for the invocation and the Pledge of Allegiance."
"Let us pray. Dear Heavenly Father, we come before You today praying that, on this day, You give us wisdom and guidance. Let us also pray for the men and women in all of the branches of our Armed Services. And Lord, humble us to remember that yesterday is history, tomorrow is a mystery, but today is a gift and that is why it's called the present. These things we ask in Your Son's name, Amen."
"We shall be led in the Pledge of Allegiance today by Representative Cavaletto."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
Speaker Turner: "Roll Call for Attendance. Representative Currie."
"Thank you, Speaker. Please let the record reflect the excused absences of Representatives Drury and Jones."
"Representative Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representatives Tryon and Pihos are excused on the Republican side of the aisle today."
"Mr. Clerk, please take the record. On a count of 114 present, a quorum is established. Representative Cloonen, for what reason do you seek recognition?" 09800113.docx 1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Point of personal privilege, Sir."
"Please state your point, Representative."
"Yes. Representatives, today we have a Page with me, Joseph Balas. He's in the sixth grade at Jane Addams School, and he's from Bolingbrook. Let's give him a welcome, please."
"Welcome to your Capitol. Representative Sandack, for what reason do you seek recognition?"
"Good morning, Speaker. Point of personal privilege."
"Please state your point, Sir."
"Up in the gallery are some friends of mine. Every day is Downers Grove Day, but today is specifically something great. These are my neighbors and good friends, Kelly Dietrich and her children, Meghan, Maeve, and Charlie. Will you give them a round of applause, please?"
"Welcome to your Capitol. Representative Costello, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. Point of personal privilege."
"State your point, Representative."
"I'd like to remind the Members of the Body that tonight at 6:00 we have the Illinois Sportsmen's Caucus. There'll be a silent auction and oral auction, and beverages and food. Would love to see everybody that can make it. Again, tonight, 6:00 at the State House Inn."
Speaker Turner: "Thank you, Representative. Representative Stewart, for what reason do you seek recognition."
"Point of personal privilege, Mr. Speaker."
"Please state your point, Sir."
"This morning, I'd like to recognize six students from Highland Community College in Freeport, Illinois, that are in 09800113.docx 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 the gallery up to my left: Matt Bordner, Kyle Seuring, Jessica Hernandez, Shelby Hitchcock, Beau McCoy, and Adam Wool. If you'd please welcome them this morning. Thank you."
"Welcome to your Capitol. Mr. Clerk, House Resolution 967. Representative Kosel."
"Thank you very much, Mr. Speaker. Ladies and Gentlemen of the House, could I please have your attention? We have the honor of having with us today the State Champion Large Division Cheerleaders from Lincoln-Way East in the Speaker's Gallery. If any of you had a chance to see any of the video of this, you would be absolutely amazed at what these girls had done… have done. They received a score, a record score, of 97.6, beating the competition strongly in… in the finals. We are very, very proud of their work and their tremendous commitment. And both Representative DeLuca and I would like to congratulate you on your victory and wish you the very best in the future."
"Thank you, Mr. Speaker. It's a pleasure to join Representative Kosel in honoring the cheerleaders. Congratulations, you did a wonderful job. Thank you."
"Representative Kosel moves that the House adopt House Resolution 967. All those in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. Mr. Clerk."
"Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on April 02, 2014: recommends be adopted, referred to the floor is Floor Amendment #2 to Senate… House Bill 5564, Floor Amendment #5 09800113.docx 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 to House Bill 5701, Floor Amendment #3 to House Bill 5824; approved for consideration, referred to Second Reading are House Bills 3419, 3420, 3423, 3424, 3450, 3451, 3473, 3474, 3527, 3528. Representative Verschoore, Chairperson from the Committee on Agriculture & Conservation reports the following committee action taken on April 01, 2014: recommends be adopted is Floor Amendment #1 to House Bill 4056, Floor Amendment #1 to House Bill 5869. Representative Beiser, Chairperson from the Committee on Transportation: Regulation, Roads & Bridges reports the following committee action taken on April 01, 2014: recommends be adopted is Floor Amendment #1 to House Bill 4948. Representative Daniel Burke, Chairperson from the Committee on Executive reports the following committee action taken on April 02, 2014: recommends be adopted is Floor Amendment #1 to House Bill 3912. Representative Jakobsson, Chairperson from the Committee on Higher Education reports the following committee action taken on April 02, 2014: recommends be adopted is Floor Amendment #1 to House Bill 4914. Representative D'Amico, Chairperson from the Committee on Transportation: Vehicles & Safety reports the following committee action taken on April 02, 2014: recommends be adopted is Floor Amendment #1 to House Bill 3685 and Floor Amendment #1 to House Bill 5143."
"Members, if I could have your attention, please. We're going to be running through Bills on the Order of Third Reading. So, if you could be prepared to present and at your seats, it would be greatly appreciated. Starting with Representative Lang, House Joint Resolution Constitutional 09800113.docx 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 Amendment #1. Mr. Clerk, please read the Bill… read the Amendment."
"House Joint Resolution Constitutional Amendment #1, offered by Representative Lang. 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 09800113.docx 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 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. (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 09800113.docx 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 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. (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 the Third Reading in full as amended of House Joint Resolution Constitutional Amendment #1."
"Representative Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen. It's, of course, a serious thing to change the Constitution of the State of Illinois, but this is an important measure to provide crime victims the rights they deserve under the Constitution. Today under the Constitution, victims of crime have various rights. The right to be treated with fairness and respect, notification of court proceedings, the right to attend proceedings, the right to make a victim impact statement, and 09800113.docx 7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 many other rights that are enumerated in our Constitution. This is a provision of the Constitution that was overwhelmingly approved by the voters. However, there are judicial circuits in the State of Illinois, certain judges in the State of Illinois that have not completely followed the ad… the Constitution as it is written. And the purpose of this Constitutional Amendment is to afford these crime victims adjudicable rights under the Constitution, rights of standing, the ability to go in and contest where they haven't been told. This comes and starts from a situation in California that led to Marsy's Law. A situation where a young lady was murdered and without notice to the family, the accused was released on bail, and the mother of the deceased person actually bumped into this person. It was traumatic, it was wrong. And if the law had been followed in the State of California, Marsy's mother would not have been in that situation. She would have at least have known that the accused was out on bail. All this Amendment really does is to avail… allow people to avail themselves of the rights they already have under the Constitution. It's an investment in our law enforcement proceedings. I think all of us on the floor understand why it's important that the victims of crime and the families of victims of crime, who are victims in and of themselves, have the right to come into a courtroom or at least know what the proceedings are in a case that… that so impacts their family. And since this has been in some ways hard to put together, we were close to passing this a few years ago when some of the state's attorneys in Illinois, in an effort to make this better, step forward and they asked us 09800113.docx 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 to step back, and we did. And we've had now, a couple of years of negotiation. And so now, the state's attorneys are on board. I think the public defenders are at least neutral. And what we have here is a situation where, if we can add this to the Constitution, we can provide real teeth to the… to the rights that victims already have under the Constitution. I ask your strong support."
"Representative Sandack."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"Leader, I was struck by some of the commentary. The essence of what you said was there are judges and prosecutors not following the law now and that's why this Amendment or Constitutional Amendment is needed. So, it becomes more enforceable? Help me out because I support what you're doing. I voted for it in committee. But what I'm a little distressed by is this idea that we're going to, now we really mean it, pay attention. How's this really going to get… make things better?"
"Well, it goes beyond that, Representative, because it provides enforceable rights under the Constitution. It provides standing to a victim or the family members of a victim, who have not been given their rights under the Constitution. Gives them the ability to go into a courtroom and assert their rights. Currently under the Constitution, they have these rights, but no way to assert them in a courtroom."
"Thank you for that. And lastly, I think you mentioned that the state's attorneys are on board. So, this… they're 09800113.docx 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 obviously, they don't think this impedes their ability to prosecute a case in their discretion."
"That's correct. I want to thank the state's attorneys for coming into a room with the advocates and the Attorney General who all worked very hard to craft this language. There were many, many, many drafts of this language before this language was settled upon. And I'm satisfied that all parties to those negotiations are pleased with the results."
"Thank you. To the Bill, Mr. Speaker. I stand in strong support of the Gentleman's Constitutional Amendment. And while I generally hesitate to say, you know, with laws that you should now enforce what we already have. I think the Gentleman has made the case that this actually improves the situation for victim's rights, gives them standing. So, I ask everyone to vote 'yes'. Thank you."
"Representative Reboletti."
"Thank you, Mr. Speaker. And to the Constitutional Amendment. I know that this has been a long time in coming. And that many people from victim's advocates and families, state's attorneys, Legislators have worked on this issue for a number of years. And it's important that victims do have a voice in the courtroom. And many times it is the state's attorney that provides that voice for them. But it's not their job only to represent the victim, it's their job to represent the people of the State of Illinois, which we have the privilege of doing. And it's a very awesome responsibility. I think it's important to understand in this for legislative intent that it is not for the county to provide a lawyer for the victim or the victim's family. That, if they do hire an 09800113.docx 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 attorney, the attorney will not guide the prosecution of the case, which was some concerns in previous drafts, and that the attorney would be paid for by the victim and that wa… that attorney would be able to assert the victim's rights throughout the process from a bond hearing all the way through a sentencing hearing. And I think the concerns have now been elevated that the attorney will not only guide the prosecution, the victim's attorney, but will not interfere with the prosecution in determining what motions should be filed, what witnesses should be called, what's the appropriate bond amount, what the appropriate sentence is, but they will continue to be a partner with the prosecution to make sure that justice is sought out, not only for the victim but for the people of this great state. So, I'd like to thank all those who've been involved. To thank the 102 state's attorneys that also worked diligently to make sure this Amendment works for all the people. So, thank you very much and I urge your support."
"Representative Ives."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"Yes. Representative Lang, I'm just curious why does this rise to the level of a Constitutional Amendment? Can we not add some pro… more protections just by a simple 60-vote Majority on a regular House Bill?"
"That's a really excellent question, Representative. And the answer is because the rights that the crime victims now have are enumerated in the Constitution. The enforcement 09800113.docx 11 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 mechanism and the… the standing that these folks need to assert those rights also need to be in the Constitution."
"Do we do this with other legislation where we've got some… a constitutional provision but the enforcement is done through regular legislation? Are we going to put everything into a Constitutional Amendment for enforcement, or why does this rise to that level?"
"I'm one of those, Representative, who thinks we should not tamper with the Constitution except where necessary. But where the rights that are enumerated for the crime victims are specified in the Constitution, and there's no constitutional mechanism to change any of that by statute, then we are forced to do it through the Constitution."
"Okay. And I app… actually ended up subbing in committee and heard the testimony and it seemed like both sides agreed that the problem was enforcement. It wasn't that they didn't already have these rights. It was a problem with enforcement. And I'm just wondering what now will make this more enforceable?"
"Actually the problem wasn't with enforcement, the problem is with standing. So there would be some judges, for instance, who would just ignore people's rights under the Constitution of the State of Illinois, maybe on purpose, maybe not on purpose. But the crime victim had no standing to go into a courtroom and complain about it. So, the issue here is not… is not an issue of adding to the Constitution something that's frivolous. Under the Constitution today, these folks have these rights, but no way to assert them. And this provision will give them those rights." 09800113.docx 12 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Okay. Thank you."
"Representative Lang to close."
"Well, I thank you for listening to the… this debate. This is an issue that's been going on for some time and it's just… While some of this is complicated 'cause it involves courts, courtrooms, and judges and state's attorneys and victims, the real issue here is that these crime victims have enumerated rights in the Constitution of the State of Illinois but no way to assert them. This Constitutional Amendment will allow them to do that. I thank everyone who was involved in the process of negotiating this Bill and would ask your strong 'aye' vote."
"Members, this is a Constitutional Amendment and will require… will require 71 votes to pass. Representative Lang moves for the passage of House Joint Resolution Constitutional Amendment #1. All those in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Feigenholtz. Mr. Clerk, please take the record. On a count of 111 voting 'yes', 2 voting 'no', and 0 voting 'present', House Joint Resolution Constitutional Amendment #1 is hereby declared passed. Mr. Clerk, House Bill 4093, Representative Beiser. Please read the Bill."
"House Bill 4093, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Beiser."
"Thank you, Mr. Speaker. This Bill is a result of a local issue with two instances in one of our villages that someone was caught manufacturing methamphetamine within a thousand 09800113.docx 13 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 feet of a school. When they went to charge the person, they realized that under the Controlled Substances Act it was not covered under that. It was under the Methamphetamine Control and Community Protection Act, which did not have a thousand feet provision for the sale or manufacture of meth within a thousand feet of a school. So this brings it in line with the Controlled Substances Act."
"Seeing no debate, the question is, 'Shall House Bill 4093 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Davis. Mr. Clerk, please take the record. On a count of 113 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 4093, having received the Constitutional Majority, is hereby declared passed. Representative Hatcher, for what reason do you seek recognition?"
"Point of personal privilege."
"Please state your point, Representative."
"We all, in this chamber, are here because we are political, but there are many organizations throughout the state that help us learn, not only politically, but community- minded as well. Today in the chamber, I would like you to welcome the Illinois Lincoln Series, who has come to learn more about how our Legislature works. While it is a Republican organization, the exact same type of organization represents Democrats as well. And I would like to have a thank you for all those young women who learn how to lead government. Thank you." 09800113.docx 14 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
Speaker Turner: "Thank you, Representative. Representative Hammond, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. I too, would like to recognize an individual who is participating in the Lincoln Series today and is shadowing me, and God help her for that. This morning and… Heather Orley from Peoria, Illinois. And Heather is actually a constituent of Representative Gordon-Booth. Welcome."
"Welcome to your Capitol. Representative Fine, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. I would like to welcome to the floor today, my two Pages from Park Ridge, Illinois, Jason and Colette Hennes.
"Thank you, Representative. Welcome to your Capitol. Mr. Clerk, House Bill 5853, Representative Bellock. Out of the record. House Bill 4694, Representative Brady. Out of the record. House Bill 5685, Representative Berrios. Mr. Clerk, please read the Bill."
"House Bill 5685, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Berrios."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5685 is from the Department of Financial and Professional Regulation. It amends the Illinois Banking Act, the Illinois Savings and Loan Act of 1987, and the Savings Bank Act. The Savings and Loan Act is repealed and the department is seeking to update the voluntary dissolution language in the Illinois Banking Act. I'd like your support." 09800113.docx 15 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Seeing no debate, the question is, 'Shall House Bill 5685 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 112 voting 'yes', 0 voting 'no', and 1 voting 'present', House Bill 5685, having received the Constitutional Majority, is hereby declared passed. House Bill 5688, Representative Kelly Burke. Mr. Clerk, please read the Bill."
"House Bill 5688, a Bill for an Act concerning law enforcement officers. Third Reading of this House Bill."
"Representative Burke." Burke, K.: "Thank you, Mr. Speaker and Members of the General Assembly. House Bill 5688 creates a mechanism for smaller police departments to purchase bulletproof vests for their new recruits and to replace bulletproof vests for their current officers, as the warranties on the… on the vests that their officers are using right now expire. It provides some state money from a dedicated fund and requires the departments to apply to the Department of Justice for their bulletproof vest funding. And I know of no opposition. It is supported by the Illinois Secretary of State, the Policeman's Benevolent and Protection Association, the Illinois FOP, the Chicago FOP. And I know of no opposition."
"Representative Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"Representative, you were talking about a funding source. Can you go into a little bit more detail about what 09800113.docx 16 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 that funding source is and what happens if they're… the funding source dries up or no longer exists?" Burke, K.: "Sure. We have a current fund called the Traffic and Criminal Conviction Surcharge Fund. It has a surplus and has for several years. It's currently being used for some LETSB operations and for some State Police operations. So, money would come out of the… this fund and be used for the purchase of the bulletproof vests. If for some reason the Department of Justice funds dry up or there's not enough money in this fund, then the require… the mandate is suspended for those local departments."
"But this is not like a revolving fund, like a loan? This is just actual grant stuff from the state, out of this fund…" Burke, K.: "Yes."
"…the purchase of those vests?" Burke, K.: "Yes. Subject to appropriation, and the Illinois State Police have no objection."
"And this doesn't add any new fees or costs to the price of a ticket or disposition in court?" Burke, K.: "No. It's… what's currently being generated in the fund."
"Thank you."
"Representative Burke to close." Burke, K.: "I think it's a great Bill especially for the smaller departments that are a little cash strapped, provides great protection for those officers who are out there protecting our safety. And I urge an 'aye' vote." 09800113.docx 17 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"The question is, 'Shall House Bill 5688 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 113 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 5688, having received the Constitutional Majority, is hereby declared passed. House Bill 4223, Representative Brauer. Mr. Clerk, please read the Bill."
"House Bill 4223, a Bill for an Act concerning gaming. Third Reading of this House Bill."
"Representative Brauer."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, this is called the Poker Run Bill. And what has happened, was last year they ran it through that had some unintended consequences. It was regulated by the state and this moves it from the gaming to the Raffles Act and it will be basically overseen then by the county. I'll answer any questions."
"Seeing no debate, the question is, 'Shall House Bill 4223 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Members, please record yourself. Have all voted who wish? Sosnowski. Mr. Clerk, please take the record. On a count of 103… 109… excuse me… voting 'yes', 3 voting 'no', and 0 voting 'present', House Bill 4223, having received the Constitutional Majority, is hereby declared passed. House Bill 5755, Representative Cassidy. Mr. Clerk, please read the Bill." 09800113.docx 18 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"House Bill 5755, a Bill for an Act concerning elections. Third Reading of this House Bill."
"Representative Cassidy."
"Thank you, Mr. Speaker, Members of the House. House Bill 5755 is an initiative of the Cook County Clerk, David Orr, and addresses some potential concerns related to the use of schools as polling places. As many of us know, schools are very often excellent sources of polling places. And in most cases, schools are able to schedule and utilize rooms without side entrances. In some instances, there have been concerns raised with regard to requests for I.D. before a voter is allowed into a school. Most recently, a school that was being utilized with an outside entrance, people were being turned away by being asked for I.D. Election Code clearly prohibits, here in Illinois, the request for I.D. to enter the polling place. In this instance, we are looking for some appropriate compromise, encouraging schools to utilize existing in- service days or teacher… teacher workshop days if they are concerned about that… that school security issue. But in most cases, these schools have outside entrances and have the ability to use the gymnasium or a community room that… that has that security in place. And I ask for an 'aye' vote."
"Representative Sullivan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"Representative, there was an incident that took place at a school where, what has precipitated this is, there was a polling place that didn't have an outside entrance so the 09800113.docx 19 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 public could go in and out without having to be in contact with children. Is that correct?"
"No, actually, the inci… the incident related to a polling place in a school that had… did in fact have an outside entrance. And in spite of the existence of an outside entrance, they were demanding I.D. before allowing people in."
"So, the School Code requires people to show I.D. to enter the school for safety reasons for the children. Is that correct?"
"Exactly. This Bill acknowledges that and recommends either using an outside entrance or taking advantage of an existing in-service day to… to find both… to address both needs."
"So, in this instance, the school had an outside entrance, but they used… they had to show the I.D. Does your Bill cover all schools or just those with an outside entrance?"
"This covers all schools. And suggests that if schools do not have an outside entrance, they utilize existing in- service days so that that school's security question can be addressed while maintaining the integrity of our electoral process and complying with the Election Code."
"Your Bill goes a little farther that states that the Election Code, in essence, will trump the School Code. Is that correct?"
"The Bill clarifies the importance of the Election Code and makes clear that if a school has a concern about security, the option of utilizing an in-service day is a good solution. 09800113.docx 20 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 In other states, they have mandated that in-service day. We did not believe it was appropriate to mandate school closures."
"The potential exists, should your Bill come… become law that if a, let's say, like this winter, we had way too many school days close down. They just don't want to use a service day. Does your Bill preempt a school from requiring an I.D. if they choose not to have a service day?"
"Yes, because our Election Code is incredibly clear, that you cannot demand I.D. before permitting someone to vote. This is protecting the rights of our voters, while at the same time recognizing the need for school security. Schools schedule these in-service days years in advance, elections are clearly scheduled years in advance. There is no problem with making clear that when you know that you are going to be scheduled as a polling place, one of your many in-service days can be on that Tuesday."
"Thank you. To the Bill. Ladies and Gentlemen, I'm trying every reasonable way to support this Bill because we want to have good, accessible polling places. But the reality is, the Election Code trumps the School Code under this provision. What that means is, you will not have to show an I.D. to enter that school. We make people show an I.D. to enter a school for the safety of our children. And so that is the problem I have with this Bill. This is not about denying people the right to vote by showing an I.D. This is about keeping bad people out of our schools. That's why I disagree with this Bill. That's why I would implore a 'no' vote."
"Representative Franks." 09800113.docx 21 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"Representative, I appreciate your nail color today, it matches your iPhone. I think you're very stylish today. I appreciate that. What I don't appreciate so much is the Bill. And I want to ask, if we're really concerned about school safety, why are we allowing the Election Commission to trump student safety? Because I think that's what this Bill does."
"Actually, what we are doing is not mandating that schools serve as polling places, first of all. There is no mandate that the school serve as a polling place. If a school chooses…"
"No, I beg to differ."
"…to serve as a polling place…"
"I beg to differ. The Election Commission is the one that determines where the poll… I know you're dealing with staff."
"I take that back."
"All right. So here's the problem, this is a mandate by an Election Commission to tell another body that's duly elected by school… by the taxpayers, what they must do, number one. The question, we're all worried about school safety. Last Thursday, we passed a Bill spending $61 million allegedly on a fiscal note that may not be correct, to be able to bus students to school in Chicago. But what we're saying here is, if a school cannot do its own safety protocols because 365 days of the year… 365 days of the year, if I want to go into my local school, I got to pull out my I.D., tell them I'm here to see my kid or I'm here to see the principal or whatever it might be, but on Election Day, for some reason, what we're 09800113.docx 22 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 saying is, anybody can come in at any time at any school because we're saying that the election is trumping our own protocol. I have filed a Bill that says to allow schools to opt out of being a polling place if they can't follow their own safety prot… protocol. But this Bill does just the opposite. It says that the state Election Code is going to make you be a place to vote, but if it… but if you can't follow your protocol, then close the school."
"It is not saying that you must close… close the school. It is offering that as an option. As… as I stated at the very beginning, this issue came about because a school with a separate entrance, with no reason to have concern, chose to use it as an opportunity to turn people away from voting."
"I get that. I think this Bill goes way past that. I think there ought to be penalties for schools that do that. But to pass a Bill like this will have drastic unintended consequences. So… to the Bill. And I appreciate the Lady's position here. But this is not the solution to this problem. The solution ought to be penalties or perhaps education. But if we're really concerned about student safety and we really want to make sure that the kids are protected, I think the people who are entrusted with our children's education and their safety every day ought to be the ones to be able to make the determination on whether they can follow their own safety protocol. And if they cannot follow their own safety protocol, they should be able to tell the Election Commission, listen, we can't do this. Please find another place to have a poll… to have the voting. In Woodstock, for instance, if you go in to Greenwood 6, it's in Northwood Middle School, 09800113.docx 23 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 you walk right into the media center. There's no doors, there's a vestibule when you first walk in. You are voting right there in the media center. Now, that is not part of that safety protocol for that school. But they can't opt out because the Election Commission tells us where they have to have the voting. I think this Bill does not solve the problem. A much better solution is to allow schools to opt out. I would encourage a 'no' vote. This is a very serious problem, a very serious issue. This Bill does not address that. There are better ways to do it. Please vote 'no'."
"Representative Lang."
"Thank you. Will the Sponsor yield?"
"She indicates that she will."
"So, let's see if we can straighten this out, right. So, current… current election law says that schools can be used as polling places, right?"
"Yes."
"You're not trying to change that, are you?"
"No."
"Right. And we're all concerned about safety in the schools, correct?"
"Obviously."
"The previous speaker was concerned about safety in the schools, correct?"
"Clearly."
"And I think your Bill is concerned about safety in the schools, isn't it?"
"Absolutely." 09800113.docx 24 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"And you're not requiring anything in this Bill, are you, Representative?"
"No."
"You're just simply saying, hey, if you're going to… if your school is being used as a polling place, why not have one of your teachers institute days on that day so… for safety reasons, it will be a safer place to be."
"Absolutely."
"Is that all your Bill does?"
"That's all we're doing."
"Vote 'aye'."
"Representative Zalewski."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"Kelly, I… my question is, the encouragement to the… to the school board. Why are we in a Bill just encouraging?"
"In other jurisdictions it was a mandate. We were concerned about placing mandates on the school board."
"So if a school board gets… reads the new law and they're encouraged to go to a teacher institute day, how is their team going to decide whether they should do it or not?"
"I think they're going to measure the needs of the… of their particular facility. Do they have an outside entrance that allows them to keep the rest of the school safe and comply with the integrity of the election, or is this a better way for them to address their concerns?"
"If they choose not to do a teacher institute day, are they violating the law given that they're only being encouraged to do it?" 09800113.docx 25 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"No."
"So, okay. I just… I don't… I like the idea of shutting down the schools altogether as well. And I just am concerned that by just gently nudging them toward doing this, they're going to be confused as to whether they should actually do this or not."
"I think that, as I said, they can look at their particular needs and make a determination whether they have ample security measures in place, such as an outside entrance, or if they can… if they would be better served by taking an institute day. As we said, we know what Election Day is years in advance and they set their school calendars years in advance. This is merely a planning tool."
"Okay. Thank you, Kelly. Thank you, Mr. Speaker."
"Representative Sandack."
"Thank you. Question to the Sponsor."
"The Sponsor will yield."
"Representative, there was an earlier speaker that took you through a nice colloquy of leading questions. Some would call it, maybe rehabilitative. But let me ask you a couple questions because that speaker yesterday extoled the virtues of local control, which really moved my soul. Here's what I'm confused by… here's what I'm confused by. We have…"
"I'm sure he's pleased he moved your soul."
"He does. He's a scintillating speaker and it was compelling. But today, it's not so much, I guess, because now we're suggesting to school boards and people that run schools that they should have a teacher institute day or shut down the school or do something else because what they're doing 09800113.docx 26 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 for security notwithstanding, here's what we'd like to do for Election Day. Does that jive with local control?"
"I think that mandating an institute day would not jive with local control. Offering options does, in fact, jive with local control. That's, in fact, what this does. It gives them options."
"So, what…"
"You can either utilize an outside entrance or you can find a way to comply by utilizing one of your many institute days."
"That's two options. Of course, right now there's a third option which is to let the school do what they do because that's truly local control. And it… should you have an I.D. because security trumps all at school, we've had this debate on this floor about that as well, that seems to be truly local control."
"But electoral integrity is critically important as well."
"Mr. Franks wants me to use his name; I'm not taking that bait."
"Nicely done."
"To the Bill, please. I admire the Sponsor and the other speaker, who shall not be named, with respect to local control. I think this Bill does exactly the opposite of what was talked about yesterday. I think security at schools trumps all. I think the school boards who deal with security and worry about how everyone should remain safe, should be left alone. Vote 'no'."
"Representative Reboletti." 09800113.docx 27 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Thank you, Speaker. I won't use Representative Franks' name in debate either in case he needs more time. Representative, I have a question. So, you were talking about this urges or encourages the schools to try to have an institute day? I'm not sure…"
"Encourages, yes."
"How many Bills do we pass that encourage people? I know we do Resolutions to encourage or urge people. What if they don't take our encouragement very well?"
"Well, I'm very soft-spoken. I always encourage."
"I know that. But… so, what if they choose not to be encouraged by our legislation? Then what happens? Nothing changes?"
"Well, ultimately, I would think that a mandate would be even less acceptable to you, and the belief that the school boards should have the opportunity to weigh their individual situations, recognizing the importance of the integrity of the election, the importance of access to the ballot with the needs of school security, encouraging them to utilize appropriate options to balance those things, I think is the right way to go."
"Can't the school do that already without our encouragement, without this legislation? Can't they simply have an institute day anyway? Or do they need that?"
"Unfortunately, that's not what's happening. As I mentioned at the beginning, we… we have had ballot… we've had election access issues with schools that have outside entrances. So, there is a need to clarify." 09800113.docx 28 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Excuse me, Representatives. Members, can we please bring the noise-level down in the chamber. It's becoming increasingly difficult to hear the debate. Shhh. Thank you very much. Representative Reboletti."
"That's an old Joe Lyon's trick. Good job, Leader. I'm sorry, Representative Cassidy, I didn't catch the last portion of your response."
"I was referring to the problem that precipitated this legislation where we have had trouble with folks being denied access to the polling place for lack of I.D. This is attempting to balance those competing interests, the needs for school security, the need for electoral integrity and offering appropriate options for schools and school boards to utilize within their needs locally."
"Doesn't the Cook County Clerk already have the option to find other polling places besides schools?"
"Where possible. I mean, I know that in my district I have polling places in schools, I have polling places in churches, I have polling places in coffee shops. But in some instances, a school may be the most appropriate or the only appropriate venue. And we need to address the needs for people to have access to their polling place."
"And I can appreciate that. But I think the… the public safety has to also trump here. I know that you're just as concerned about sex offenders entering our schools, and this would… this would lower that barrier because now we won't know who's entering or who's leaving the school and that might open up a window of opportunity and that's what… where my 09800113.docx 29 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 concerns are with. Is… is this something that… would that potentially happen if this were to pass?"
"The schools and the school boards have the option to either utilize an outside entrance, choose to be closed in a teacher in-service day or whatever other closure day they choose, in order to… to balance the needs of school security and the… and the integrity of our electoral process."
"Thank you."
"Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield." Davis, W.: "Representative, if you can please clarify something for me. One of the previous speakers said that schools can be used as polling places as though it's permissive. Aren't they required to be polling places?"
"If the Election Commission chooses that as a polling place, yes." Davis, W.: "Okay. I want to be… obviously, try to be sensitive to what you're hoping to accomplish here, but unfortunately I have to agree with several of the previous speakers about the safety issue because not… not all schools have the outside entrances that you speak of. Unfortunately, in some cases, the folks who are voting have to come right inside the main entrance where the school is open. And if someone wanted to take that liberty and you know, violate safety of students in there, they have those opportunities. One thing that you mentioned is that schools can obviously use institute days or in-service days. So, how far out can a district schedule those in-service days?" 09800113.docx 30 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"As I understand it, they are scheduled fairly far in advance, more than a year in advance those school schedules are… are worked out, those calendars." Davis, W.: "Okay. And…"
"And obviously, we know when the elections are, far in advance." Davis, W.: "Okay. So, we know when the elections are far in advance. So, your suggestion is that the school board look at the election calendar and then determine which days they should be out of school, versus the election authority looking at the school calendar?"
"Well, since elections are on Tuesdays, there is… would not be possible to schedule an election say… and elections are mandated…" Davis, W.: "Correct."
"…so we couldn't say let's have the election during Christmas break, or on Memorial Day weekend when they're closed for Monday. So… so, that is… the election is the immovable force. Those dates are set in stone." Davis, W.: "Okay. And your suggestion is that the school districts then look at those election dates far out in advance and plan their in-service days on those days."
"That… that can be a factor as they plan their calendar, if, in fact, they have those concerns about security and don't have the exterior entrances as an option." Davis, W.: "Is there a problem if we… and when you look at those calendars moving forward, is there a problem with regard to, on a particular week that it may be leading into a break where, instead of it being just one day out of school, that 09800113.docx 31 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 week there may be three… two or three days out of school that week because you have to… you know, you… you're encouraging them to be closed on an Election Day? And does that impact the number of days that children have to be educated? Are we… are we dabbling into that a little bit?"
"I don't believe so. They have a certain number of in- service days that are part of their plan for the year. Also, if you think about when elections are, they don't tend to fall into times when breaks are an issue. You know, so I think that, with that advanced planning, comes that opportunity to think about the… the teacher in-service day, or the… or the institute day as an option." Davis, W.: "Oh, thank you, Representative. To the Bill very briefly, Mr. Speaker. Again, I appreciate what the Lady is trying to do. And could I stand here and say that I would necessarily or plan to vote against the Bill, but I think the concerns raised about security are extremely, extremely important. Maybe we could… should consider a Bill that would allow, as was mentioned before, school districts to opt out. And I won't use Mr. Franks's name in debate either, but maybe we should use that as a way to help deal with the situation, in terms of, saying schools have to use their in-service day, again… 'cause again, those are in-service days. Those are days in which they actually do work. The students may not be there, but people are there as well. So, again, if we're talking about school safety, school safety doesn't just stop at the children, it also includes the teachers and other administrators as… as well. I would agree that we should consider maybe an opt out provision for schools. I notice 09800113.docx 32 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 the… the Cook County… David Orr's office in Cook County doesn't like that option because they want to have as many polling places as available to them and maybe there are other places that polling can be done. The previous… the Sponsor mentioned that she has polling places in coffee shops. Never heard of that, but maybe that's a novel idea, to work with private business owners so they can open their places as polling places. So, I think we have some options. It would be great if we could, you know, kind of put some more thought into this before we try to vote on this Bill. But nevertheless, again, I just think we need to take a… take a step back on this one and have a more comprehensive conversation that includes the schools before we try to move this Bill forward. Thank you."
"Representative Nekritz."
"Thank you, Mr. Speaker. To the Bill. This… we are talking here about our most fundamental portion of our Democracy, the right to vote and having access to a polling place that's in your neighborhood. This is… you know, this is, I think a very commonsense measure to try to encourage… not to… and to balance between the safety of the students at the school and exercising that most fundamental right that we have in our Democracy. For those who are opposed to this, and you say, oh, let's just find another polling place. I hope you have spoken to your County Clerk to determine whether that's even possible because I guarantee you the Clerks would say they really struggle to find other polling places. Schools are a place where they're… where they're, right now, as everybody's acknowledged are mandated to do that. If we lose 09800113.docx 33 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 that, I don't know where we're going to find all these other polling places that everybody's been talking about. It's not easy to find those places and… and if… I think if we came here with a mandate to say that a private business had to be a polling place, there would be even more vehement opposition to that. So again, what we're doing here is a balancing again, that basic right to vote with safety. And I think this is the right measure to make that happen. I encourage an 'aye' vote."
"Representative Franks, your name was used in debate."
"Wow. Thank you, I was surprised. Well I… I appreciate it. One of the person's said, I just actually moved his soul and I was stirred as all. I was shocked. I thought he had sold it. I had seen some of his votes. But I'm very happy that it's still there. But I want to go to the Bill because I heard some interesting comments here. We're talking about places to vote and I can tell you in my district, there are places you can vote in appliance stores. You can vote in… at golf courses. I've seen them vote at firehouses, in police stations. There are a lot of places that we can be voting. What concerns me is, I'm looking at the analysis and it says that local school districts must schedule 176 days of pupil attendance per year, but can arrange those days any way they see fit. So, we're… this Bill would be encouraging folks or schools to close on Election Day or hold a teachers institute day. I don't think that we should be encouraging our schools to close ever. If anything, I think our schools should be open more. I think instead of 176 days, our kids ought to be in there for 200 days. I think they ought to be spending more 09800113.docx 34 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 time in school, not less time in school. This sends a very mixed message by saying that we want our kids in school less. The bottom line is this, folks, if you really… if you're worried about the safety issue, what we ought to be doing is allowing schools that don't believe that they can follow their safety protocols on Election Day to be able to opt out. We should not be requiring them to be open because the Election Commission hasn't found alternate places for folks to vote. The safety of our children is paramount. I would again encourage a 'no' vote. I think it's the only responsible vote."
"Representative Fortner."
"Thank you, Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"Well, I've been listening to lots of debate on this Bill and during it I've actually taken the time to read the text, which is very short, so it was very easy to read. And I want to make sure I understand it 'cause there's been so much debate. And it seems to me the meat of the Bill is changing a provision that currently says, may choose to keep the school open or hold a teachers institute day, to say is encouraged to close the school or have a teachers institute day. Am I reading that right?"
"Yes, yes."
"So, it seems to me that other than express a different sentiment from this Body by using, instead of may choose a positive… may choose to be open, to instead encourage to close. Other than sentiment, the Bill doesn't really do 09800113.docx 35 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 anything as far as the local entity. Am I reading that part right?"
"It makes clear that access to a polling place cannot be denied for lack of an I.D. And if a school has a security problem related to that, they should either use an outside entrance or take advantage of their scheduling options, utilizing existing in-service days. We are not suggesting they should take off more days. We are not suggesting they cancel school. We are suggesting that this is one way to address security concerns while upholding the integrity of our electoral process."
"So, your second part there really is simply inserting into this Section of the law what already exists in the… elsewhere in the Election Code. That is to say, you cannot deny a person's access by a device, such as showing I.D."
"Yes."
"'Cause that already exis… So, I guess what I'm struggling with, it looks like other than putting the pieces together in this one Section, it doesn't actually change fundamentally what would be going on. And that's… that's what I'm struggling with."
"It is clarifying those two Sections which have resulted in litigation. And this is in response to that litigation that sought clarity that… that the electoral… that the law prohibiting… barring access to a polling place for lack of an I.D. does, in fact, apply to schools."
"But that portion that you've just described could have been done without getting into this… the whole question of 09800113.docx 36 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 encouraging the schools to close. So, those are really two different provisions within your Bill."
"It is addressing concerns raised by the schools though. In some un… in other jurisdictions, as we talked about in committee and earlier here on the floor, there have been other states that have addressed this by mandating that schools be closed on Election Day. We felt like a mandate was going too far. We believe that schools have, and school boards have the capacity to make those decisions for themselves. If they have an outside entrance, and feel like that addresses their security concerns, they shouldn't be forced to close."
"Right. No… no and I understand that, but I…"
"Hence the encouraging."
"Right. But we already say they 'may' choose… we already say they 'may' choose."
"Yes."
"So, I guess if the problem was the litigation issue, that that could have been taken care of separately of the sense of direction that we would be providing by saying encourage to clo… close versus may be open. So I guess, I'm just struggling with why that part of the Bill is there. I understand what you're saying about trying to resolve a litigation issue as it relates to the other part where we want to make sure that the Election Code does apply in this Section. I understand that part of it. But I'm… I'm just, I guess, I'll see if there's anything more that anyone's saying but I'm just a little bit concerned, based on what I have heard from so many of my colleagues on that other part of the Bill. Thank you very much." 09800113.docx 37 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Representative Cassidy to close."
"Thank you. As… as we have covered in great detail, this is about the elec… the integrity of our electoral system. This balances that important right with the need for our kids to be safe in our schools. This offers some tools to school systems. This gives local control. This is not putting a mandate on the school schedule in any way, shape, or form. It is encouraging schools to utilize their planning process to address those security concerns. I strongly encourage an 'aye' vote."
"The question is, 'Shall House Bill 5755 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 65 voting 'yes', 44 voting 'no', 4 voting 'present', House Bill 5755, having received the Constitutional Majority, is hereby declared passed. Representative Will Davis, for what reason do you seek recognition?" Davis, W.: "A point of personal privilege, Sir."
"Please state your point, Sir." Davis, W.: "Ladies and Gentlemen, today to our credit and to our benefit, we have been seized by a number of students and representatives from our community college system. I would like to ask that the representatives and students from Prairie State College in Chicago Heights, Illinois, please stand. And ask that the Members of the General Assembly please welcome them and their President, Dr. Terri Winfree, who's standing over my left shoulder. Thank you very much." 09800113.docx 38 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
Speaker Turner: "Thank you and welcome to your Capitol. Representative Brauer, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. Point of personal privilege."
"Please state your point, Representative."
"Ladies and Gentlemen of the House, I have Menard County Home School Co-op with me, and bear with me as I introduce, Angela, Rebecca, Andrew, Adrian, Aaron, Amy, Abby, Ricker, Lisa, Joy, Sara, Avery, Jay, Tim, and Rachel here at the Capitol today. Let's please give them a Springfield welcome."
Speaker Turner: "Thank you and welcome to your Capitol. Representative Unes, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. I rise for a point of personal privilege."
"Please state your point, Sir."
"I would also like to recognize a group of students along with Representative Hammond. We would like to recognize a group of students and staff from Spoon River Community College. If they could please stand real quick. We have with us in the gallery, Josh Webb, Whitney Murphy, Britney Howarter, Scott Anderson, Bryce Vaughn. We also have the Dean of Students, Missy Wilkinson, the Student Government Advisor, Brad O'Brien, and the President of the School is also here, Curt Oldfield. If we could welcome all of them to Springfield, please."
Speaker Turner: "Thank you and welcome to your Capitol. Representative Evans, for what reason do you seek recognition?" 09800113.docx 39 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Point of personal privilege."
"State your point, Sir."
"I also would like to stand and acknowledge a group of students from Chicago State University, my university and one of the best universities in the State of Illinois. They are standing in the gallery. You notice, that they're all wearing green blazers, right here on top of the gallery. So, round of applause for the students from Chicago State University."
Speaker Turner: "Thank you and welcome to your Capitol. Representative Mautino, for what reason do you seek recognition?"
"Point of personal privilege."
"Please state your point, Representative."
"Thank you, Mr. Speaker. I also would like to ask the House to acknowledge the students of Illinois Valley Community College. They are here today lobbying and talking to Members of the House and Senate on the value and importance of the MAP grants. So, they've taken their time to come down, thank us for the work we do, but also to talk about a real need that the community colleges feel. And I wanted to welcome them to Springfield, thank them for their work."
Speaker Turner: "Thank you and welcome to your Capitol. Representative Reboletti, for what reason do you seek recognition."
"Mr. Speaker, I don't rise to recognize anybody at this point. I do rise on a point of order. And pursuant to House Rules, I move for the discharge of House Bills 6218 and 6219 from the House Rules Committee. Under House Rule 54(a)(2), all Motions are assigned Standard Debate status. 09800113.docx 40 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 And I wish to debate my Motion. Upon conclusion of the debate, I ask for a recorded vote on the Motion to Discharge. Under Rule 49 and Article IV, Section 8(c) of the Illinois Constitution, any vote shall be recorded whenever five Representatives so shall request. There are at least five Members on my side of the aisle that ask for a recorded vote on the Motion to Discharge 6218 and 6219 from the House Rules Committee."
"Representative Currie."
"Yes, thank you, Speaker. I object to the Motion."
"The Lady objects and the Gentleman's Motion fails. Representative Reboletti."
"Was that a… was that a strenuous objection, Mr. Speaker? I want that noted for the record."
"The Lady objects and the Motion fails."
"Mr. Speaker, I'm so surprised that Hyde Park would object to these commonsense pieces of legislation. But that's okay. I'm not surprised that you would want to kill the speech of 108 thousand people in DuPage and Cook County. Not surprised, Leader. And I'm not being persnickety today. I know that these are important pieces of legislation that I wish to be debated. And I rise again on a point of order, Mr. Speaker. And I request a Roll Call on my Motion pursuant to the rights granted to me in the House Rules and the Illinois Constitution. And under House Rule 57(a), I appeal the ruling of the Chair. And I ask for a recorded vote to discharge House Bill 6218 and 19 from the House Rules Committee."
"Counsel Heather Wier Vaught will address your Motion." 09800113.docx 41 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Representative Reboletti, on behalf of the Chair, under the House Rules your Motion is not appealable. Therefore, there is no Motion on the table."
"Representative Scherer, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. I rise on a point of personal privilege. There's students here from Richland Community College today, and I would like to just give them a big Springfield welcome."
"Thank you and welcome to your Capitol. Mr. Clerk, House Bill 5899, Representative Cross. Please read the Bill."
"House Bill 5899, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Cross."
"Thank you, Mr. Speaker. This is an initiative of the State's Attorneys Appellate Prosecutor's office, and it simply would allow the Board of Governors of the office of the State's Attorneys Appellate Prosecutor to establish a committee to establish… or determine a protocol with respect to how to handle the more serious crimes and what… what we do with respect to investigation and prosecution of those crimes. It's an initiative that's going on around the country in an attempt to avoid false confessions, false identifications, and false convictions. Not aware of any opposition. Again, it is… simply allows them to establish a protocol within the Appellate Prosecutor's Office and within the State's Attorneys Association. And I'd appreciate an 'aye' vote." 09800113.docx 42 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Seeing no debate, the question is, 'Shall House Bill 5899 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunkin, Lang. Mr. Clerk, please take the record. On a count of 114 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 5899, having received the Constitutional Majority, is hereby declared passed. House Bill 5660, Representative Conroy. Out of the record. Representative Reboletti, for what reason do you seek recognition?"
"Mr. Speaker, I rise on a point of personal privilege."
"Please state your point, Sir."
"Speaker, it's very discouraging here that we have students from this great state that are watching Democracy in action, when I can't get an appeal out of… and a violation of House Rules and the Illinois Constitution. We talk about the right at the ballot box, but now the people of my district can't have their voice heard and that's… I guess is okay with everybody here. I have two Bills I've asked to be discharged from the House Rules, one of them dealing with workers' compensation, which I was told was already reformed a few years ago, but obviously it hasn't been. Number two, another Bill about research and development tax credits that I can't get out, but I know we can get on the House Floor, is a millionaire's tax, a progressive income tax, and all kinds of income tax disclosures for corporations. All of these things can be discharged and immediately heard right now. Why can't these Bills be heard right now?" 09800113.docx 43 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Representative Reboletti, your concerns have been addressed already. We will continue on the Order of Third Readings."
"Speaker…"
"Representative Currie, we have House Bill 5491. Mr. Clerk, please read the Bill."
"House Bill 5491, a Bill for an Act concerning finance. Third Reading of this House Bill."
"Representative Currie."
"Thank you, Speaker. This is an init… initiative of the procurement policy board. It requires state agencies that plan to lease properties to check first with the Department of Central Management Services to find out if there is usable space already available. Second, it requires that when… when any entity is letting a contract, they can't decide to give the contract to somebody because they are making a contribution to a third entity to someone who is not part of the relationship between the vendor and the person seeking someone to supply. I'd be happy to answer your questions and I'd be grateful for your 'aye' vote."
"Seeing no debate, the question is, 'Shall House Bill 5491 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Members, please record yourselves. Representative Franks, Hatcher, Lang, Senger. Mr. Clerk, please take the record. On a count of 110 voting 'yes', 1 voting 'no', 0 voting 'present', House Bill 5491, having received the Constitutional Majority, is hereby 09800113.docx 44 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 declared passed. House Bill 3251, Representative Franks. Mr. Clerk, please read the Bill."
"House Bill 3251, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Franks."
"Thank you, Mr. Speaker. We adopted the Amendment yesterday, and this was a Bill that was brought to me by my friend, Dan Cronin. With last year, we passed the Bill 108 to 6 to allow DuPage County to be a laboratory for helping to consolidate governments. And we're pushing… we have other Bills that are up… dealing with that as well. This Bill, as amended, would place a moratorium on the state, creating new levels of government for four years. Whenever you're deep into a hole, the first thing you should probably do is stop digging. So this would do a moratorium for four years to see how it works in the counties that are trying to consolidate. And what we didn't want to allow was for a government to be consolidated or annexed and then just another one popping up as a result. So what this would allow, would be a moratorium unless it was two governments consolidating to create a new one. I'd be happy to answer any questions."
"Seeing no debate, the question is, 'Shall House Bill 3251 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brady, Cavaletto, Hatcher. Mr. Clerk, please take the record. On a count of 101 voting 'yes', 10 voting 'no', 0 voting 'present', House Bill 3251, having received the Constitutional Majority, 09800113.docx 45 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 is hereby declared passed. House Bill 4775, Representative Hoffman. Mr. Clerk, please read the Bill."
"House Bill 4775, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is designed to address an issue that occurred in… in my district, where an individual committed a very heinous crime, was sent back to school only to recommit that crime against another student. This Bill is very simple. It gives a superintendent authority when an individual is… is charged with some very serious offenses, the sole authority, as to where that child will be placed. And after, if the individual is convicted, it allows the school board to suspend or expel that individual. It is only for very, very serious violent felonies. And I ask for an 'aye' vote."
"Representative Chapa LaVia."
"To the Bill, and the Sponsor. I… Representative Hoffman's done a very good job negotiating this out and it does deserve our full support. So… I… please vote 'aye'."
"Representative Sandack."
"Question of the Sponsor."
"The Sponsor will yield."
"Representative, my analysis says that the Illinois School Management Alliance is opposed. Can you tell me if that's still the case, and if so, why?"
"No, the Amendment… the Amendment removes their opposition and they're… the Amendment is a result of a… of 09800113.docx 46 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 discussion with their attorney. And we… we adopted his suggestions."
"So, they're off the opposition."
"Yes."
"Are they neu… are they supportive or just neutral now?"
"I don't want to say… I don't think they're… I know they're not against it. I don't… I think they're neutral."
"Thank you."
"Representative Hoffman to close."
"Yes, I ask for a favorable Roll Call."
"The question is, 'Shall House Bill 4775 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Osmond, Verschoore. Mr. Clerk, please take the record. On a count of 112 voting 'yes', 0 voting 'no', and 1 voting 'present', House Bill 4775, having received the Constitutional Majority, is hereby declared passed. Representative David Harris, for what reason do you seek recognition?" Harris, D.: "Thank you, Mr. Speaker. A point of personal privilege, if I may."
"Please state your point, Representative." Harris, D.: "Thank you. Ladies and Gentlemen of the House, if you would join me in welcoming today, representatives and students from Harper College… Harper Junior College. Harper is in Representative Morrison's district and there are constituents here from my district, as well as from Representative Crespo's district, and Representative 09800113.docx 47 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 Mussman's district. And they're up in the gallery and let's give them a warm… a warm Springfield welcome."
Speaker Turner: "Thank you and welcome to your Capitol. Representative Bellock, for what reason do you seek recognition."
"Thank you very much, Mr. Chairman. A point of personal privilege."
"Please state your point, Representative."
"I just wanted to remind everyone that today is Alzheimer Day in the State of Illinois and there are a lot of people going through the Capitol today. And the Lieutenant Governor's Office has generous… generously donated her office to provide lunches for all the Legislators from 1:00 to 2:30 today, down on the second floor, in the Lieutenant Governor's Office in order to raise the awareness of Alzheimer. Thank you."
Speaker Turner: "Thank you, Representative. Representative Verschoore, for what reason do you seek recognition?"
"Mr. Speaker, on the last vote, House Bill 4775, I thought I pushed my 'yes' button, it didn't light up. So, I want to be recorded as a 'yes' vote."
"Thank you. The Journal will reflect your request. Senate Bill 49… 497, Representative Fortner. Mr. Clerk, please read the Bill."
"Senate Bill 497, a Bill for an Act concerning local government. Third Reading this Senate Bill."
"Representative Fortner."
"Thank you, Speaker. Senate Bill 497 is really a follow- up to a Bill that we passed overwhelmingly, in the House and 09800113.docx 48 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 in the Senate last year, dealing with referendum questions raised at annual town meetings. The Governor had an objection, filed Amendatory Veto. Rather than try to override it, we worked on language to address those concerns. And this Senate Bill addresses the Governor's concern that the Bill that we had passed would completely block questions that the public might want to raise, the township, that were not germane to township business. Instead it provides that those questions can come up, but the public, through the township clerk's office, has to be provided with notice by March 1 on the year so that all the public would be aware that a question of this sort would be asked at the annual town meeting. I'm happy to answer any questions."
"Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"Representative, I heard the explanation, but it… As I'm reading the summary, it appears that now this Bill would require folks who want to put a referendum on the ballot to go through an additional step?"
"That's right. The Bill we… the Bill we passed last year would have… said you couldn't put up questions that were not germane. What this does is it puts people who want to bring questions on the same calendar as all other aspects of the annual town meeting. Which is to say, everything else related to the town meeting requires a timely filing so the members of the public would know there's going to be discussion on that issue, and it might behoove them to be at that annual town meeting. This simply puts those questions at the same 09800113.docx 49 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 status as every other thing that would come up for the annual town meeting."
"My ques… my concern though is, let's assume there's a group of individuals that have a question that they'd like to be placed on referendum. Right now, if they wish to do so, do they have to get enough signatures to place it on the ballot or is it another mechanism in which they would place it on the ballot?"
"The mechanism… there's a mechanism involving the annual town meeting, where the elector's at the annual town meeting, by a majority vote, can put the question on the ballot. One of the concerns has been for questions where you wouldn't necessarily anticipate the question arising because it's really not part of town business, that members of the public wouldn't realize that this question was going to be put there and would… might have an interest in being in the town meeting because this matter of public policy was going to come up. It simply provides the wider public the knowledge that they might want to be at the town meeting. Otherwise, it does not change anything about how they would put the question on the ballot. It simply provides the public, as a whole, notification that this is going to come up."
"Was it the law… is the law now that the request must be submitted by 15 or more registered voters, no later than March 1 at the annual meeting, or is this something new?"
"I… let's see, the… I'm not sure what part of the Bill we're looking at here. Hold on a second."
"I'll look at the Bill text as well." 09800113.docx 50 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Does… the language that is in the Bill, that's being added to statute, simply provides any group of registered voters may request advisory question. So, I'm not sure… If you could point…"
"Mr. Fortner, our analysis indicates that the request must be submitted by 15 or more registered voters. But I'm not sure I see that in the text. Can we take it out of the record and take a… have… meet with staff to confer, 'cause I'm not sure that's your intention to have it at 15."
"And certainly… I'm looking at the text of the Bill and I'm not finding…"
"Neither am I."
"…language that you're suggesting."
"Neither am I."
"There's a thing about 15 days, and that merely causes all the different… that's simply a change from 10 to 15 providing additional days of notice to bring everything in… into alignment. But not about number of people. There's a change about the number of days."
"I'll read to you what our analysis indicates. It says, this request must be submitted by 15 or more registered voters, no later than March 1, prior to the annual meeting. The question shall then be included in the meeting agenda, and may be placed on the ballot by a majority vote of the electors at the meeting."
"I know… I know what part of this… that is current law."
"Okay. That's what I wanted to know." 09800113.docx 51 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"No, no, I now understand. Now that you read that… that phrase, that phrase is current law. This does not change that in any way."
"Thank you for clarifying that then. Thank you."
"Representative Lang."
"Thank you. Will the Sponsor yield?"
"The Sponsor will yield."
"Thank you. Representative, I'm sorry I was off the floor when this debate started. Can you… last year I think you had a Bill, maybe this is the same one."
"This is a follow-up to the Bill from last year."
"It's a follow-up. And you recall I supported you last year."
"And I appreciate that support, Sir."
"And… and so how does this change from the Bill that said that at an annual town meeting the electors just can't make up anything that has nothing to do with township government and throw it on the ballot."
"The… you were correct. Last year's Bill that was approved by both chambers, sent to the Governor, provided that the questions had to be germane to township business. The Governor objected that provision and filed an Amendatory Veto to remove that provision from the language of the Bill. In discussions, rather than go through an override process to try and address the concern, make sure that we have something that would be acceptable for both chambers, we addressed that concern by saying that, if such a question would be presented to the lawyers, because one of the concerns was that general members of the public, in the effected township, might not 09800113.docx 52 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 know that one of these questions was going to come up and therefore, wouldn't know that they ought to really come to the town meeting to express their opinion as to whether or not that's something that was germane and should be on the ballot. So what this Bill does, it would still permit such a question, however, it requires that the people who will present that question provide notice to the town clerk at the same time all the other information related to the annual town meeting, which is to say, March 1 of the year. Providing the exact wording so that when the notice about the town meeting is provided to the public it would also specifically include those questions. And if that timely notice was not provided, then the question would not be allowed."
"So does the Bill specify how this notice is given, to who it's given, by who it's given? Is there a special form? How is this done?"
"It does not special… specify any particular form. It provides that the… that it has to go to the township clerk following the same procedures that already exist in Section 30-10 which covers all the other parts of the annual town meeting agenda that the township clerk follows."
"Except that all the other parts of the agenda for the annual town meeting are driven by the township. This is a separate private person who's going to say, I’m going to propose that we take a vote at the annual town meeting to declare Mike Fortner the township fossil. Okay. So… so, let's say they want to do that. So, is there a proce… I want to support your Bill…"
"Right." 09800113.docx 53 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"…I just don't understand what the procedure's going to be."
"The procedure is they must provide written notice to the township clerk in advance of March 1."
"And who? Any individual who wants to have it… make a proposal at the meeting?"
"Any individual or group of registered voters."
"All right. And so they would notify, perhaps by letter, it has to be in writing?"
"It has to be in writing. Yes, Sir."
"So, it has to be received by the town clerk by the 1st or mailed by the 1st?"
"It has to be received in a timely fashion. Is that…"
"All right. And does that automatically mean, if one person in a township makes the request that it will appear as a motion for them to vote on at the annual town meeting?"
"No, this is as… this goes to the question, the previous speaker raised, that there is in the town… other parts of the town meeting, at the town meeting, there must be 15 persons in favor of it for the question to be raised. This Bill does not change that provision."
"So one person can make this request, but then at the meeting they can't even vote on it until at least 15 people say, okay, let's vote on it."
"That's the intent."
"And it's 15 people, whether there's 15 people at the meeting or a 150 people at the meeting?"
"That's current law. Yes, Sir."
"'Cause that's the current law?" 09800113.docx 54 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Yes."
"All right. So, Mr. Speaker, to the Bill. Mr. Fortner had a better Bill last year, which I supported, but I'm going to support this one as well. There have been many situations where, under the law of Illinois today, groups of people have been allowed, in essence, to highjack an annual town meeting and put on the ballot any sort of measure that has nothing whatsoever to do with township government. This will at least put some impediment to the way of that. I applaud Mr. Fortner, who is not a fossil, for his… his efforts in this area. I support the Bill."
"Representative Fortner to close."
"I thank both speakers for raising comments to help clarify this. Again, this deals with a situation where our chambers, both House and Senate, understood the necessary reason to make these changes. I would appreciate an 'aye' vote. Thank you."
"The question is, 'Shall Senate Bill 497 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Feigenholtz, Nekritz. Mr. Clerk, please take the record. On a count of 110 voting 'yes', 2 voting 'no', 1 voting 'present', Senate Bill 497, having received the Constitutional Majority, is hereby declared passed. Representative Sims, for what reason do you seek recognition?"
"Point of personal privilege."
"Please state your point, Representative." 09800113.docx 55 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Thank you, Mr. Speaker. In the gallery on the Democratic side of the aisle behind me, are some wonderful students visiting down from Olive-Harvey College. Would you welcome them to Springfield?"
"Thank you and welcome to your Capitol. Members, pension… the Pension Committee will meet in Room 114 immediately. At 1 p.m., Democrats will caucus in Room 115… 114, excuse me. Democrats will caucus in Room 114, and the GOP will caucus in Room 118. The House will recess and we will return to the floor at 2 p.m. The House shall be in recess."
"House Bill 3819, Mr. Jackson. Out of the record. House Bill 3819, Mr. Jackson. Mr. Clerk, please read the Bill."
"House Bill 3819, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"By the way, Representative Lang in the Chair. Mr. Jackson."
"Thank you, Sir. Ladies and Gentlemen, House Bill 3819 is an initiative of the Department of Aging. It adds language to Illinois Act on Aging to codify and clarify the powers and duties of the department to handle eligibility determin… determination for benefits administered by other governmental bodies to constituents who have been found eligible to be served by these programs in the past. Persons with disabilities and senior citizens use the benefit access application to apply for certain benefits that have been part of the Illinois Act on Aging, Senior Citizens and disability (sic-Disabled) Persons Property Tax Relief Act, which was 09800113.docx 56 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 defunded in fiscal year '13. These remaining benefits include the license plate discount issued by the Secretary of State, and the person with disabilities and seniors to ride free program that are operated by certain mass transit districts in Illinois. The eligibility requirements, age, or status of… as a person with disabilities, residence and income will still be based on the Senior Citizens and Disabled Person Property Tax Relief Act. I ask for an ax… 'aye' vote. And I'll entertain any questions."
"Gentleman moves for the passage of the Bill. There being no debate, those in favor vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Acevedo, Davis, Turner. Mr. Turner. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bellock, your light did go on after I started to call for the vote. Thank you. House Bill 5572, Mr. Durkin. Out of the record. House Bill 2341, Representative Jakobsson. Please read the Bill. Mr. Clerk, out of the record. House Bill 4579, Representative Lilly. Please read the Bill."
"House Bill 4579, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Lilly."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the General Assembly, I rise to present House Bill 4579. This Bill was passed last year in committee and through the House, and it did go over to the Senate. It is a good Bill. It is a 09800113.docx 57 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 transparency Bill. It creates the transparency where our citizens have the opportunity to take advantage of our government services and make sure that they are receiving what they are needing. As well as, it restores their faith in our system. I ask for an 'aye' vote."
"Lady moves for the passage of the Bill. The Chair recognizes Mr. Sandack."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, has this initiative been offered by you in the past?"
"Excuse me, Representative, can you repeat that?"
"Yes, I'm happy to. Have you brought this Bill forward in the past?"
"I have."
"And what was the result of that previous effort?"
"It was passed out of the House."
"And did the Senate take it up?"
"I'm going to say yes and no."
"Yes and no. Help me with that. I know weird things happen here, but I'm… how did that work out?"
"It did not pass out of the Senate."
"My analysis says that this Bill is subject to appropriation. Is that your understanding?"
"The Bill was amended to make sure that we're working within the budget of the state."
"And how is it that if we pass this Bill that it will be within the budget of the state? How are we going to make sure 09800113.docx 58 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 appropriation is made so that this is… this expense is covered?"
"It's not an expense to incur within the Governor's budget. We are piloting it in the human… Department of Human Services and they will utilize existing staff to be assigned as ambassadors. So it did not impact the budget."
"Okay, I'm… I need you to help me with that. This is a new program, it's a pilot program. Are you saying there's no expense associated with it?"
"No, they will be using existing staff."
"And what existing staff component will be lessened or taken away in order to use staff, and time, and effort, and money in this pilot program?"
"They'll… they will be assigned and be given an opportunity to represent the department. It's a piloted program within the Department of Human Services, and the staff will have the opportunity to represent the services that are being rendered and offered in that particular part of it, and make sure that the citizens… and the system, actually, is updated so the citizens will make… will understand the services that are being offered in that department, which is the Department of Human Services."
"Thank you, Representative. To the Bill. I respect the Representative's initiative and resolve in continuing to move this. But I think there has to be an expense, literally and figuratively, and it doesn't seem to me that that has been appropriately addressed. And in that instance, the idea of a new program without specific alliteration of how it's going 09800113.docx 59 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 to be paid for, I think is a mistake. So, I would urge a 'no' vote."
"Before we move on, Mr. Clerk, Committee Report."
"Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on April 2, 2014: recommends be adopted for the floor is Floor Amendment #4 to Senate Bill 1922. Representative Nekritz, Chairperson from the Committee on Personnel and Pensions reports the following committee action taken on April 2, 2014: recommends be adopted is Floor Amendment #3 to Senate Bill 1922."
"Continuing on the Bill, Mr. Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I know that we've had this discussion, probably a couple of times, can you tell me what this pur… the person will be paid who would serve as this ambassador?"
"An individual will be assigned from the Department of Human Services to provide information about services to the public, to assist the public in accessing the services. It would also create information that… that they could disseminate to the citizens. So, this particular Bill does not increase… does not increase the budget of the Department of Human Services."
"Why I appreciate that, but I'm still trying to figure out what the salary would be. Does this person make $100 thousand? Do they get a pension? Do they get health benefits? What would come with?" 09800113.docx 60 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"It was not determined which position within the Department of Human Services that would have this opportunity to represent the department in making sure that the citizens of Illinois is taking advantage of those departments. So, that was not determined."
"How many ambassadors would you envision if this legislation were to pass?"
"One."
"One statewide?"
"At… at least one. No, at least one."
"And are you aware of what the Human Services Department right now is facing in budgetary cuts based on either the Resolution that we passed here in the House early on, or compared to where the Governor's budget would be. How much of a cut are they facing? Do you know that?"
"I'm… I'm not understanding your question. But I can get back to you. I don't believe I have that information at my fingertips."
"I guess my concern is that, if the department is already facing major budgetary restraints and cuts, that now we're going to add another person that we can't afford. And you may pass this Bill, but there's no appropriation for it. And so it'll go like every other subject to appropriation Bill, and there's no money. So I don't know this is ever going to help anybody."
"Again, Representative, they are… we are not adding additional staff to the Department of Human Services. This particular opportunity will be shared among existing staff to 09800113.docx 61 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 make sure that the citizens of Illinois will have access to the services of the department of rendering…"
"Representative, I'm still unclear. You're saying we're not going to… Thank you, Speaker. You're saying that we're not going to add any staff, but we're going to add staff. We already have people that work for the department. Can't they already do this job? Can't we designate somebody in the department to handle this?"
"The department will create an ambassador that will be, I will believe, excited to make sure that the citizens of Illinois understand the services that the department are… will be rendering to their community, or our districts, and the people in our communities."
"Isn't that what our offices also do, our Representative offices, and our Senate offices? Aren't they already doing that?"
"I'm sorry, Representative, I did not hear you."
"Ladies and Gentlemen… Ladies and Gentleman, we have a lot of work to do. The two people that are debating cannot hear each other. Could we please hold the noise down? Please proceed."
"Representative, my question is, wouldn't you say that our offices, as State Representatives, and our colleagues across the rotunda, don't they serve as ambassadors, we serve as ambassadors to make sure our constituents are informed of what the department has to offer, and make sure that they can avail themself of those services?"
"This particular piece of legislation gives us an opportunity to make sure that we are transparent and that the 09800113.docx 62 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 citizens of Illinois understand and they can access the services that the department are rendering. That is a challenge that we have had in many of our districts. This particular piece of legislation is being piloted in the Department of Human Services to ensure that the citizen in… of Illinois understands that… the responsibility of that particular department, as well as ensure they can access the services."
"And I appreciate that…"
"The ambassador really gives that particular department the…"
"…but this state has 12 and a half million people…"
"…information needed."
"…and this person's going to take phone calls from millions of citizens throughout the state to try to assist them directly?"
"The information will… the information that the public will receive will be via Internet, literature, phone calls, a number of medians to make sure that the citizens will have the information to access the services that they are in greatly need of."
"Mr. Speaker, to the Bill. I appreciate what the Lady's trying to accomplish. I think we already have staff in place to do that. We're already under a huge budget constraints with the state of the state, where our budget is at, revenues, and looking at numerous tax hikes that we shouldn't be trying to add staff at this time. So, I would urge a 'no' vote."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Question of the Sponsor." 09800113.docx 63 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Sponsor yields." Harris, D.: "Representative, have we seen this Bill once or twice before?"
"Thank you." Harris, D.: "Have we seen this Bill once or twice before?"
"We’ve seen this Bill once, and then once amended." Harris, D.: "Okay. I recall that… I seem to recall that I may have been the 60th vote the first time that we saw this Bill. So, I admire your tenacity in bringing it back given the fact that it hasn't passed yet, or become law. But you lead off the… the text of the Bill that says subject to appropriations, the department shall do this. You're saying that the department doesn't have to hire anybody new, they can assign somebody who's there now, correct?"
"That is correct. And I'd also like to indicate…" Harris, D.: "Okay, so…"
"…that once… I'd like to add this. The subject to appropriation was the language that the Department of Human Services added to this piece of legislation…" Harris, D.: "Well, I'm not sure what…"
"…and a friendly Amendment is what brought this particular item to the Bill." Harris, D.: "Right, and I'm not sure why the department needed to do that. As an example, in the military, you can assign… assign someone an additional duty assignment. So the director of the department might say to the assistant director, you are the department's ambassador. Doesn't cost any additional money. That person is the department's ambassador. So, I'm not sure I understand why we have to put in there subject to 09800113.docx 64 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 appropriation, when it seems to me they can do it now. And it also seems to me that, and we discussed this previously, everyone should be an ambassador. Everyone in that department should be an ambassador to the public. So, I don't know if I'm going to be the 60th vote this time around, depending on what the vote total is on the board, but I really do have a question as to why it simply can't be done now without a special law saying you have to do it. Thank you very much."
"Representative Lilly to close."
"Thank you, Mr. Speaker. Ladies and Gentlemen, again, this Bill is about transparency and information and access of services for the citizens that live in each one of our district. It makes sure that our… our departments are providing more efficient services and practices to the citizens of Illinois. I ask for your 'aye' vote. And I thank you for your time."
"Those in favor of the Lady's Bill will vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Acevedo, Davis, Feigenholtz, Franks, Moylan, Nekritz, Sente, Turner. Mr. Acevedo. Mr. Turner. Please take the record. On this question, there are 61 voting 'yes', 51 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Mr. Phelps."
"Point of personal privilege, Mr. Speaker."
"Please proceed."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, on the Republican's side, please help me welcome from 09800113.docx 65 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 Representative Bost's and my area, students from SIU, Carbondale, visiting with us today. Welcome to Springfield."
"Welcome to Springfield. Mr. Hoffman."
"Thank you, Mr. Speaker. As a point of personal privilege, I would also like to welcome the students from SIU, Edwardsville, which is right next to my district. Welcome to Springfield."
"Welcome. Mr. Costello."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed."
"In the back of the chamber, on the Republican side, I'd like to announce my son, Jerry the third. Yes, there's another one. Jerry, if you'll stand up and wave. He goes to SIU, Carbondale, as well."
"There was no room on our side of the aisle, Sir. No room up there? Mr. Acevedo."
"Mr. Speaker, the last Bill, House Bill 4579, my button wasn't working, but I want to record as a 'yes'."
"The record will reflect your intentions. House Bill 5278, Mr. Sims. Mr. Sims. Mr. Sims. Please read the Bill."
"House Bill 5278, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"No running in the House chambers, Sir. You're up."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 5278 will clarify… it amends the Code of Civil Procedure related to slander, libel, or publication of matter violating the rights of privacy. Specifically, the Bill adjusts the statute of limitations period filing a civil 09800113.docx 66 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 claim when defamatory statement or statements are made anonymously under a false or fictitious name. The Amendment filed on the Bill removes all opposition. I know of no further opposition and ask for its 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? Davis, Feigenholtz, Nekritz, Turner. Mr. Turner. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Bost, you are recognized."
"Thank… thank you, Mr. Speaker. If I could, for a point of personal privilege."
"Please proceed."
"I don't know whether we have to do, like when the Governor comes on the floor, but I think the Honorable Jim Sacia and his party has requested permission to enter the chamber. And we probably want to welcome Jim Sacia back to the floor."
"Welcome, Mr. Sacia. We've all lost some weight since you've left, Sir. There's no food up in front here. Next Bill is House Bill 5682, Representative Hatcher. Please read the Bill."
"House Bill 5682, a Bill for an Act concerning public aid. Third Reading of this House Bill."
"Representative Hatcher."
"Thank you, Mr. Speaker, and Members of the Assembly. House Bill 5682 prohibits any person from assisting another person in completing SNAP applications in exchange for a portion of the applicant's benefits." 09800113.docx 67 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Lady moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Evans, Hernandez, Soto, Turner, Williams. Mr. Evans, Mr. Turner. Please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And the Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4123, Mr. Moylan. Please read the Bill."
"House Bill 4123, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Mr. Moylan. Mr. Moylan asked the Bill to be taken from the record. House Bill 5990, Representative Mussman. Please read the Bill."
"House Bill 5990, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Mussman."
"I think this one still needs an Amendment."
"Out of the record. House Bill 5828, Mr. Moffitt. Please read the Bill."
"House Bill 5828, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Mr. Moffitt."
"Thank you very much, Mr. Speaker, and Ladies and Gentlemen of the House. This issue was brought to me by a local volunteer fire department in my district. And they're licensed to be first responders, but one of their volunteers is actually a paramedic. And this simply would allow, even a first responder unit, to perform at the level of their 09800113.docx 68 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 licensure of the people volunteering. If you remember last year, we did this for volunteer ambulances, EMT basic. That even though it was EMT basic, if you had a paramedic or advanced degree person, they could perform at that level. Just as a credit to the General Assembly, I want to tell you that the Heart Association came to me in February with documentation of a save on a rural ambulance because they had a paramedic. This makes that higher level available even on a first responder. Be happy to entertain any questions."
"Gentleman moves 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? Mr. Turner. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Representative Scherer. You… you're not speaking? Oh, sorry, your light was on. Moving to Representative Mussman, House Bill 5990. Please read the Bill."
"House Bill 5990, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Mussman."
"Thank you, Mr. Speaker and Members of the House. So, this Bill updates the Child's Advocacy Center Act that was created over 20 years ago. Basically, it's going to do three things. It removes the provision for the Illinois Commission that has not been in existence for 20 years, it updates the definitions and terminology to better under… to better reflect current usage, and it includes accreditation for the 09800113.docx 69 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 individual CACs in the state chapter to clarify how they should be established. This is an initiation of the Children's Advocacy Center and there's no opposition. I'm happy to answer any questions."
"Lady moves of passage for 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. Sommer. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4707, Mr. Rita. Mr. Rita. Please read the Bill."
"House Bill 4707, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Mr. Rita."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4707 is an initiative of the Illinois CPA Society. It's some cleanup language from their licensing renewal that we did last year. It's agreed upon. All… everybody interested in it's all agreed to these changes. Ask for a favorable vote."
"Chair recognizes Mr. Sandack."
"Question of the Sponsor."
"Sponsor yields."
"Representative, I understand that it’s an agreed Bill, but what does it do?"
"There's some cleanup language to their registrar… for their… for their Act. It… You want me to go line by line through this? I'd be happy to do that for you."
"I really do. No, just… just summarize it for me, Bob." 09800113.docx 70 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"It clarifies and changes some loopholes. It also authorizes a temporary license for an applicant that already had a license. It does some minor changes and some words that needed to be changed."
"Dynamite explanation. I urge a 'yes' vote."
"All he did was confuse me. 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? Davis, Franks, Harris, Hoffman. 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 5454, Mr. Poe. Please read the Bill."
"House Bill 5454, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. Poe."
"Mr. Speaker and Ladies and Gentlemen of the House, this is a Bill for a community… several communities south of Springfield. It's called Otter Lake Water Commission. And right know, for the commission to pass anything, it has to be unanimous, and what we're asking is we would come to a Bill… have a Bill that when it comes to them, they would need the majority of the eight communities."
"Chair recognizes Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He will yield."
"Representative, what's the genesis of this Bill?"
"It come… it comes from some of the mayors and there's eight mayors. And right know, we're looking at the water 09800113.docx 71 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 commissioners, they have 12 meeting a year and they get paid a thousand dollars a year. And to keep this thing from getting out of control, we went ahead and put a cap in there of 2000, that's the highest it could ever go. And what's happened, one community has voted no and they have a simple Majority, but they don’t have unanimous. So in other words, they got seven out of eight communities are saying yes. One community is changing it. These water commissioners have not had a raise since 1992."
"So, what you're asking… that's what I'm trying to figure out. You're trying to go from $1000 in compensation to $2000 in compensation."
"No. We put a cap on it. They've assured me if they raise it, it might be 200… $200 a month. But yet, when they… when they vote on it, one community can say no. It goes before ever… every municipality's board."
"Oh, I see."
"So, they… it comes back to the board. They didn't want to let the water board… original Bill was and I said, no, we couldn’t run that. The original Bill would've had the board could've voted on their own. And I said, no, that'll never work in the General Assembly. We… it needs to be permissive to all of the communities."
"So, this would take away the unanimous requirement."
"That’s it. That all the Bill does."
"So, it would be the majority of those eight?"
"Of those eight communities." 09800113.docx 72 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"And would it be a weighted vote base… based on population? Or is it simply a five of the eight municipalities voted for it then it would pass?"
"It'd be just five of the eight."
"Okay."
"'Cause the… each… each community appoints one water commissioner on the board of the commission."
"Okay."
"And so, it's just… one of the eight could go ahead and, I guess, get… have a veto power. And a lot of the mayors down there would like to see a simple Majority."
"Okay."
"So, you'd have to have five out of the eight."
"And right now you have to unanimity."
"Yes."
"Is there any other way to do it? I mean, is there ways that you can possibly do this by a referendum instead of it coming through the General Assembly? I hate to be top down."
"Well, I think… I think on the water commission… and then you're asking questions I probably can't answer… but there's… there's some under the control of the State of Illinois, like a 135 group, 136 group, and… and to a change anything in those groupings with the water commission, I think we have to take care of it."
"All right. 'Cause I wasn't sure if this was created locally. I just hate to have the General Assembly being involved."
"No, no, no. It's part of that… the water… the Water Boards of Illinois. And like I said, there's two of them. And I think 09800113.docx 73 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 this is… they're at 135 and they want to do this, have the same things that the 136 group have."
"Okay. Thank you very much. I'll continue to listen to the debate."
"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? Switches are really close to you, Members. Gordon, Harris, Smiddy. Please take the record. On this question, there are 102 voting 'yes', 11 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5665, Representative Scherer. No running, Representative. Please read the Bill."
"House Bill 5665, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Scherer."
"Thank you, Mr. Speaker. The House Bill that I have, I just talked to a lot of you about this. 5665 promotes childhood good health by requiring large group insurance plans offered in Illinois to provide coverage of lead poisoning screenings, childhood vaccinations, and screenings for childhood hearing loss. Many insurance plans already cover these important screenings. The CDC recommended increased availability of screenings, and I want to ensure no families are turned away. House Bill 5665 works to expand the availability of these necessary screenings as well as access to standard childhood vaccinations and childhood hearing loss screenings by requiring group insurance plans covering over 50 people to cover these screening at no deductible. Lead 09800113.docx 74 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 poisoning is on the rise. I ask for your favorable consideration and willing to answer any questions."
"Lady moves for the passage of the Bill. The Chair recognizes Representative Osmond."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, in committee there was some discussion about BlueCross BlueShield having an issue with this. Are they still… are they off it… I mean, they have no opposition right now?"
"Correct. There is no opposition to the Bill that I know of, and the Department of Insurance is neutral. BlueCross said they already provide this and they had no problem with it."
"All right. Thank you."
"Thank you."
"Representative Bellock."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"I think… I thought in law in Illinois that we already had the hearing screening. That’s already in law."
"I know in schools we do hearing and vision screenings. This is a newborn hearing screening and then a lead poising screening."
"I'm pretty sure the newborn hearing, we passed like seven or eight years ago. That’s in Illinois law. And also the lead screening, I think, is in law also." 09800113.docx 75 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"I don’t know if it's in the law. This is more of an insurance thing saying insurance companies have to provide this without paying a deductible."
"So, you mean, it was in law before but insurance company didn't have to pay for it?"
"I can't speak to that. I don’t know. That… this is the law about the insurance companies. It's not really… this… oh, by the way, this law does not require that people have to have these screenings. This law is little different, I think, than what you're referring to. This is about if a family or parents decide to have this for their children, then their insurance company has to provide it, if the insurance co… if the company has over 50 employees. So, it doesn't affect small businesses, either."
"Okay. But as far as vaccinations, it… they must provide vaccinations, all vaccinations must be covered under the insurance policy?"
"Correct."
"If mandated by the Federal… if approved by the Federal Government?"
"It's part of whatever is covered on their insurance. But again, these… you know, those could be other Bills that I'd be interested in looking at if they're not already in place. This is… this Bill is specifically saying that insurance companies have to provide the insurance to cover these vaccinations and screenings without a deductible."
"Thank you."
"It doesn't have to do with whether it’s a requirement by law to have the vaccination or not." 09800113.docx 76 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Well, I guess my question was, I couldn't imagine that the insurance companies wouldn't be objecting to all vaccinations because some vaccinations are not required by the Federal Government. Do you know what I mean?"
"Yes."
"There are some that are out there, but they're not required, like to get into school or whatever. And so now this is saying that all vaccinations must be covered by insurance companies. Thank you."
"Thank you."
"Representative Ives."
"Mr. Speaker, will the Sponsor yield?"
"Sponsor yields."
"Do you happen to know how much this will end up costing? I understand that the state group insurance plan will be affected and what's the anticipated cost?"
"We talked to the insurance companies about this and they don’t anticipate any increased cost because most insurance already cover this."
"Why… why are you specifically saying then that they cannot apply this to the deductible?"
"The reason we're putting that in there is there is a huge increase in lead screening… poison… not lead screening but lead poisoning and we do not want to see the brain damage problems that come from this. This is a preventive measure and if a family can't afford the deductible, then they may not be able to pay for their child to have a lead screening and then that's going to cost the state a lot more money down the road." 09800113.docx 77 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"But… but make no doubt about it, right, this Bill will mandate that the insurance companies must provide this service without any, any hit to the deductible at all. They have to do this. Is that right?"
"That’s correct. There's no opposition to the Bill from any insurance company."
"All right. Thank you."
"Representative Scherer to close."
"Oh, okay. I just want to let everyone know I would really appreciate an 'aye' vote on this. This is something that can make a huge difference in a child's education and the rest of their life. Terrible things can happen if they don’t get these early screenings. 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? Flowers, Sente. Please take the record. On this question, there are a 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. A point of personal privilege."
"Proceed, Sir." Davis, W.: "Again, as we have seen a number of students from our community college systems join us in Springfield today, I would respectfully ask that the students and the president of South Suburban College would you all please stand? We are joined today by President Don Manning, and students and staff from South Suburban College in South Holland, Illinois, in 09800113.docx 78 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 the south suburbs. Please give them a great round of applause for joining us today in Springfield."
"Welcome. Hope you enjoy your day here. The next Bill is House Bill is 5704, Representative Soto. Please proceed and read the Bill, Mr. Clerk."
"House Bill 5704, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Soto."
"Thank you, Speaker and Members of the House. House Bill 5704 amends the Illinois Migrant Labor Camp Law. The adds making minor changes to the licensing requirements and the Department of Public Health, IDPH, enforcement authority over those who violate the Act's provision. The Bill is initiative… an initiative of the Illinois Department of Public Health. According to the Illinois Department of Public Health, the law has written hinders… the law written hinders the ability to regulate migrant labor camp, as the law does not reflect the fund… the fluent nature of how these camps operate. Also, the current law does not provide a sufficient deterrent to ensure protections for the workers. And I urge 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? Berrios, Burke. Berrios. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Leader Acevedo."
"Thank you, Mr. Speaker. Point of personal privilege."
"Proceed, Sir." 09800113.docx 79 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Ladies and Gentlemen of the House, last time we gave a round of applause for the college students, if you look to the right of the chambers up in the gallery, I believe there's young students up there and their faces looked disappointed, 'cause they thought we were clapping for them. I don’t know what school it is, but let's give them a round of applause."
"House Bill 4525, Representative Tabares. Please read the Bill."
"House Bill 4525, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Tabares."
"Thank you, Mr. Speaker. House Bill 4525 authorizes the FBI fingerprint background check demonstration project. The Illinois Department of Public Health has received a grant from the Federal Government to improve Illinois background check system. The Illinois Department of Public Health already received the grant funds and without this legislation the state would have to return 2.5 million to the Federal Government… to the Federal Government. I ask for your 'aye' vote."
"Lady moves for the passage of the Bill. Those in… You caught me, Mr. Sandack. Chair recognizes Mr. Sandack."
"Thank you, Mr. Speaker. Is there an Amendment on this Bill that was supposed to be forthcoming?"
"Representative."
"Yes. The Amendment had been approved in committee last week."
"Mr. Clerk, could you tell us the status of the Bill and what Amendments are on it?" 09800113.docx 80 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"House Bill 4525 is on the Order of Third Reading. Committee Amendment #1 was adopted in committee."
"That satisfy you, Mr. Sandack?"
"Give me one second, please."
"Sure."
"Question of the Sponsor."
"Proceed."
"Thank you. Our analysis, Representative, is that there's an Amendment forthcoming at the request of DH… DPH to make further changes. Is that the Amendment that happened in committee or is there a different Amendment that has not been brought forward?"
"What further changes are you referring to?"
"Don’t know. I'm reading my analysis."
"The Illinois Department of Health and the Health Care Council of Illinois have agreed that no further changes would be amended to this legislation."
"And so essentially, is this agreed upon legislation?"
"Yes. It has been agreed upon between the parties." Sandack: Thank you. No further questions."
"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? Sullivan. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4677, Mr. Sandack. Please read the Bill."
"House Bill 4677, a Bill for an Act concerning insurance. Third Reading of this House Bill." 09800113.docx 81 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Mr. Sandack, you’re a fan favorite."
"I am, and I'm hearing some nice whistling sounds. Thank you, Mr. Speaker. House Bill 4677 is an initiative of the Community Bankers Association and is follow-up and cleanup language to which passed this House 112 to 0 under House Bill 1335, which expanded the definition of good funds between title agents, closing agents, and their… I love this. This is very helpful. I'll emphasize it was agreed upon language. There are no oppositions. We are simply taking out that the requirement that the parties know each other. I'm happy to answer any questions that doesn't include whistling."
"Well, you're going to get a chance to do that. Representative Chapa LaVia."
"Will the Sponsor yield?"
"He will gladly yield."
"He yields."
"Does this have anything to do with charter schools?"
"It does not."
"Okay. Does this stir your soul?"
"It does."
"Is this a study?"
"It is not."
"Do you know what the century trophy is?"
"I do."
"Okay. Just making sure. Thank you."
"I'm a proud Member. And speaking of a proud Member, Chair recognizes Mr. Dunkin."
"So, will the Sponsor yield for questions?"
"The Sponsor will proudly yield, Sir." 09800113.docx 82 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Representative Sandack, how you… how you doing there?"
"I'm doing well."
"Now, I've… I hold the distinct of having the century club two times."
"Who's counting though, right?"
"Okay. All right. Who's counting? Are you… are you ready to… to bestow… have us bestow the great honor on you in being the next century club member here for the… for the year 2014?"
"If it's the will of the Body to kill a good Bill…"
"It is the will."
"…yes."
"It is the will of the Body. So, I'm looking forward… let me go polish it off for you."
"I don’t even want to respond to that."
"You shouldn't. Mr. Reboletti."
"I have an inquiry of the Chair, Mr. Speaker."
"Proceed, Sir."
"I know you're a little nervous up there as to what I may ask. Who is the current holder of the… of the trophy?"
"I'm… I'm told it's Mr. Franks, Sir, but I hate to use his name in debate."
"Will the Sponsor yield?"
"Sponsor yields."
"Representative, you said this was a cleanup Bill and could you tell us a little about what the Bill actually does?"
"Yes. It removes the requirement that the parties know each other in order to have good funds. It essentially lets two commercial entities use checks rather than wire transfers to complete a closing." 09800113.docx 83 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"It seems like a pretty simple Bill and I don’t know how many vote it will get, Representative. I don’t know why people are whistling, but maybe, they think it's your good looks. But I would urge support of the measure."
Speaker Lang: "I was confused by Mr. Reboletti. The Chair recognizes Mr. Brady."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"I think so."
"Was this former Representative Jim Sacia's Bill? Is that why he's here today?"
"It was not, but I would proudly give it to him now."
"Well, he's got that trophy back there. I just wondered if he had something to do with this. Thank you."
"Here is your chance to close, Sir. You could save yourself the trophy. Go ahead."
"They got the trophy out for a good Bill. I know there's some people out here that are mad at me. Let me just suggest it's not good policy. This is a good Bill. The Community Bankers want it. There are no oppositions and it's cleanup languages from something we passed 112 to 0. I respectfully request your 'yes' vote."
"I don’t think the fact that it’s a good Bill is going to save you. Those in favor of the Bill will vote 'yes' opposed 'no'. The voting is open. Have all voted who wish? Have all changed their votes who wish? Representative Hernandez. Please take the record. Scraped by. 111 voting 'yes', 0 voting 'no', 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Congratulations, Sir. Chair recognizes Mr. Jefferson. 09800113.docx 84 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 Mr. Jefferson. Gentleman is not speaking. House Bill 4694, Mr. Brady. Please read the Bill."
"House Bill 4694, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4694 amends the Mental Health and Developmental Disabilities Confidentiality Act. The Bill seeks to allow coroners throughout the State of Illinois, when investigating a death especially in a developmental disability center, to have access to records to conduct their investigation into the death properly. The present statute indicates that it is a 'may'. We are seeking to change it to 'shall' turn over the records upon the request of the coroner in the death investigation. I'll be happy to answer any questions."
"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? Arroyo, Martwick, Rita, Soto, Tabares. Soto. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4663, Mr. Verschoore. Please read the Bill."
"House Bill 4663, a Bill for an Act concerning animals. Third Reading of this House Bill."
"Mr. Verschoore."
"Am I on? Yeah, now. Okay. House Bill 4663 amends the Animal Gastroenteritis Act. It adds members to the Swine and Cattle Disease Control Committee and changes the purpose of 09800113.docx 85 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 this committee to meet at the call of the chair, only in the event of disease outbreak to discuss disease prevention, management and control. This goes back to when it was funded through the department and the University of Illinois to study diseases of cattle and swine. And I'd ask for an 'aye' vote."
Speaker Lang: "That it, Sir? Yeah. Okay, fine. The Chair recognizes Mr. Mautino."
"Really? Okay. This is… by looking at the Bill there, is this… this has to do with cattle and flatulence and…"
"A lot of that, yeah."
"Yeah. And have you been doing a lot of investigation on livestock and…"
"I haven't been doing a lot of investigation, 'cause it gets a little smelly."
"Close investigations."
"Yeah."
"Absolutely."
"Close investigations."
"You know, this is the first in 23 years, this is the first Bill that I've actually ever seen on… on this issue. I wish you well, but by the sounds of whistles I don’t know that that’s going to happen."
"Thank you."
"Do you stand behind this Bill?"
"As best I can."
"That’s pretty good, Sir. That’s pretty good. Mr. Bost."
"Will the Sponsor yield?"
"Absolutely." 09800113.docx 86 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"By the way, Mr. Bost. This isn't my first Bill."
"I understand that, but it may be your last. Seriously though, when you were giving the explanation of exactly what we're trying to do here, it was pretty loud over here. So, exactly what does the Bill do?"
"This… these changes is made because the advisory committee of… to study disease outbreak between cattle and swine. What they're doing is, rather than do away with this committee, they're going to combine them. And they'll be in place in case there's an outbreak. And then they can bring the veterinarians academia and agriculture organizations and act on a disease in a timely manner."
"Okay. So, it really doesn't have a lot to do with the title of the Bill that's on the board?"
"No."
"Okay. That… that’s where we were just… a little bit concern."
"Yeah. There's no… there's no compensation except expenses when they… when and if they do have to meet."
"Okay. Thank you."
"Mr. Verschoore to close."
"I would ask for a very 'aye' vote. Thank you."
"You could've done better than that, Sir. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Chapa LaVia, Crespo, Ford. Mr. Ford. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the 09800113.docx 87 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 Constitutional Majority, is hereby declared passed. House Bill 5950, Mr. Sullivan. Please read the Bill."
"House Bill 5950, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Mr. Sullivan."
"Thank you, Mr. Speaker. House Bill 5950 amends the Unified Code of Corrections, sets forth procedures for a crime victim through the court to enforce payment of restitution by a convicted person sentenced to probation, conditional discharge or supervised… supervision. Basically, this Bill essentially streamlines the process for the victim, cutting out the necessary… necessity of going to civil court to get an order that has already been issued by the court. Happy to answer any questions."
"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? Have all voted who wish? Leader Currie, Smith, Leader Currie. 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 5703, Mr. Unes. Please read the Bill."
"House Bill 5703, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Mr. Unes."
"Thanks very much, Mr. Speaker. House Bill 5703 amends the Nursing Home Care Act and it provides an additional avenue of submitting complaints through electronic means. This Bill passed out of committee unanimously. I'm happy to answer any questions and I ask for an 'aye' vote." 09800113.docx 88 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"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? Bradley, Harris, Reboletti. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4236, Mr. Walsh. Please read the Bill."
"House Bill 4236, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Mr. Walsh."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, House Bill 4236 is an initiative of Will County State's Attorneys. We ran this Bill last year. It was HB1022, which passed 114 to 1, never heard in the Senate. But basically what it does is it eliminates stalking… a conviction of stalking away from being eligible for a TASC probation. I'd answer any questions and ask for an 'aye' vote."
"Those in favor of the Gentleman's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Feigenholtz, Hoffman. Mr. Hoffman. Please take the record. On this question, there are 111 voting 'yes', 2 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2202, Representative Williams. Please read the Bill."
"Senate Bill 2202, a Bill for an Act concerning higher education. Third Reading of this Senate Bill."
"Representative Williams." 09800113.docx 89 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Thank you, Mr. Speaker. This Bill creates the Smoke- Free Campus Act, and would ban smoking both indoors and outdoors on all state-supported, i.e., public universities and colleges, including city colleges. In 2006, the Surgeon General released a groundbreaking report delineating the devastating impacts of secondhand smoke on the lives of United States citizens and noted that it was responsible for over 50 thousand deaths annually. Only six0 years later, we passed the Smoke Free Illinois Act and since rates of mortality from secondhand smoke… secondhand smoke have been steadily declining. We already prohibit smoking anywhere on primary or secondary educational facility campuses. This is an important next step to protect the public health, which is why it is supported by numerous organizations such as: the American Cancer Society, American Lung Association, American Heart Association, and many, many more. I'm happy to answer any questions. And ask for an 'aye' vote."
"Lady moves for the passage of the Bill. The Chair recognizes Mr. Hays."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields."
"Representative, would it be accurate to suggest that the trustees that are duly elected at any community college can and that many have made this determination on their own?"
"In some instances, they have run the smoking bans and smoking prohibitions through the Boards of Trustees. In other cases, it's been done by a chancellor or another manner. So, there's not set mechanism under state statute for instituting such a ban." 09800113.docx 90 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"But it would be accurate to suggest that trustees of a community college that are elected by the public, or even trustees of a four-year institution of higher learning, a public institution who… whose members were appointed by the Governor, that on behalf of the people, currently without this Bill, they have the ability to make their campus smoke free. Is that accurate?"
"Under current law, any campus university or college or junior college can institute a similar prohibition. The reason for this Bill, however, is in the interest of overall public health to ensure that citizens are protected from the devastating impacts of secondhand smoke no matter where they attend or what campus they're on."
"My issue with this Bill is… has much less to do with the issue of smoking than it does the issue of control by those who are duly elected or appointed to make such decisions. In my own case, Danville Area Community College, the Board of Trustees, on their own, made the determination that their campus would be smoke free. The University of Illinois, the trustees, on their own, decided that their campus would be smoke free. And I guess my question is, what other areas are we going to be deciding the day-to-day policy of our universities from the floor of this chamber, in addition to smoking?"
"Now, I wasn’t here in 2007 to vote in favor of Smoke Free Illinois, but I think those same arguments were made at the time. And the reality is this is a public health issue. And as trustees, ourselves, of the public health of the State of Illinois, this is an important initiative to make sure 09800113.docx 91 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 that more and more people aren't devastated by the impacts of secondhand smoke. And frankly, the science supports this a hundred percent."
"To the Bill. With all due… due respect to my colleague, many of your institutions of higher learning have, in fact, implemented this on their own. All… all of your institutions of higher learning have the ability to do this on their own. These are decisions, once again, that are best left to those either duly elected by the public or appointed by the Governor on behalf of the public. I urge a 'no' vote."
"Representative Gabel."
"Thank you, Mr. Speaker. To the Bill. January 2014 was the 50th anniversary of the first Surgeon General's report on smoking. And this report that they came out with showed for the first time that smoking was linked to several additional diseases: liver cancer, colon cancer, macular degeneration, diabetes, rheumatoid arthritis, and others. We now know that smoking can affect nearly every organ of the body. The Surgeon General stresses that we have had many successes in the past 50 years, but so much more needs to be done. College campuses consist of large numbers of people concentrated in small areas. This Bill, Senate Bill 2202, is one of the things that can be done to protect people from secondhand smoke exposure and encouraging people to stay smoke free. I encourage an 'aye' vote."
"Mr. Moffitt."
"Thank you, Mr. Speaker. To the Bill. I think today we have an opportunity to, not just talk the talk, but to walk the walk on better quality of life, a healthier life in 09800113.docx 92 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 Illinois. We're always… we're always talking in this chamber about reducing health care costs. We're talking about improving public health. We're talking about trying to prevent illnesses and certainly, if we can prevent 'em, it's much more cost-effective than trying to treat them later. We're talking about students that are at a very impressionable age. They just come from… if they come from our schools in Illinois, those are smoke free campuses. And then go into an environment still young and impressionable. And it would be reasonable that we have the same policies there. I did talk to my colleges in my district. None of whom had adopt… I don't believe any of them have adopted such a policy, but they certainly supported it and said that would be a big help to them and they thought this was the right way to go. We talk about certain health problems. This case, we're talking about quality of air. But we talk about diabetes, and sometimes we want big costly programs or we can just do the right things like exercise and diet and show by example. This is an opportunity we have to make our colleges healthier places. And even though the local board could make the decision, the students that go there, some of them might even have respiratory problems, and they can't go off campus to get clean air. The air is what it is there. And so I think it's an… our obligation to set public policy that will try to help ensure quality environment there. I think in the interest of the future of our students and the interest of good health policy in Illinois, this is good public policy. And this should be a 'yes' vote. Thank you."
"Representative Fine." 09800113.docx 93 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Thank you, Mr. Speaker. A quick question for the Sponsor of the Bill."
"Sponsor yields."
"By making it smoke free on all campuses, would you… this just take out the confusion of whether or not you can smoke on one campus or another, especially for transfer students?"
"You know, Representative, that's an excellent point. Again, the goal here is public health. And that's why it's not an issue of local control. It's not an issue of individual liberty. Unfortunately smoking and secondhand smoking impacts those around you, that's the nature of smoking."
"Thank you."
"Mr. Rosenthal."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"As a… as a military member, I served 30 years in the military. In the mid-'80s, we went smoke free on the… on our… within our facilities on base and I think it was very effective to help the health of everybody there. But as now, I serve on Lincoln Land Board of Trustees, and I think it would be beneficial to all our students. And I talked to the president there and it, just like Representative Fine just said, it eliminates all the confusion, makes it easier to… for the health of the students. And I rise in support of this, and I encourage an 'aye' vote. Thank you."
"Representative Scherer."
"Thank you, Mr. Speaker. To the Bill. I just wanted to urge an 'aye' vote for this. As I talked to a specific constituent just recently, her husband had died of lung cancer 09800113.docx 94 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 because he was a chain smoker. And she now has terrible health problems that she's having to go to Mayo Clinic, to all kinds of different hospitals trying to get treatments, and it's all because of her husband's smoking. She never smoked a day of her life, but she has all kinds of problems from secondhand smoke. I urge an 'aye' vote."
"Mr. Reboletti."
"Mr. Speaker, to the Bill. I won't… I don't have the nanny state list here to read off, but I'm sure we'll have that opportunity between now and May 31. And I appreciate what the Lady's trying to accomplish. But when do we put faith in the people that have been appointed to these boards to make decisions about their particular institution of higher learning? I think we have enough things on our plate before we begin to micro-manage the lives of all levels of government and the people that we've appointed. There are thousands of Bills here, pending, that impact 12 and a half million people here every day. If we don't need these trustees, then why don't we just get rid of these boards, and then we can micro- manage all of these universities and we'll figure out what they should do on a day-to-day basis. However, now we're going to usurp their authority, and we will determine what is best for them. They could already do this. If they choose to do it, then God bless them. We know the… what the ills of smoking are all about. There's no doubt about that. And I don't think that if you vote 'no' on this Bill that that means you're in support of smoking or the ills of smoking. It's just allowing these institutions to make their own decisions based on what's 09800113.docx 95 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 best for their constituency. So with that, I would urge a 'no' vote."
"Mr. DeLuca."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Williams, is this a total prohibition on college campuses?"
"Yes. How it'd work is the prohibition would be passed via the statute today, and then a task force would be established within each university or college to determine how to implement an enforcement regimen and leaving it up to the individual college or university to determine if fines should be imposed, signage should be utilized, et cetera. We're establishing the prohibition, letting them determine how to implement this."
"So, the institution on itself will determine what the penalty will be."
"Yes, we're not doing that in this statute."
"Or whether there is even going to be a penalty."
"Exactly."
"And this map. Can you talk a little bit about the map…"
"The Bill…"
"…that this requires?"
"Sure. This Bill does require each university to provide a map available to students and guests that would delineate the areas of campus and where the boundaries are so people are clear as to where smoking's prohibited and where it's not. And again, an enforcement is up to the individual university." 09800113.docx 96 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"So the university will determine which areas of the campus that smoking will be allowed?"
"That's not quite accurate. The Bill actually provides for prohibition anywhere on campus. There is a small exception for scientific laboratories that provide smoking research. But other than that, we will be banning smoking indoors and outdoors on college campuses, very similarly to how we do it for elementary and secondary school campuses right now, and many hospitals as well."
"Can you repeat that? You're saying that the map, that is the requirement of the creation and posting of the smoke free campus map. You're saying that the map does not allow certain sections where smoking can take place?"
"No, the Bill prohibits smoking on campuses, period. But enforcement, signage, et cetera is left to the universities. So, that's what we're doing today is prohibiting smoking on campuses. Many campuses have already done it, SIU, University of Illinois at Champaign, et cetera, and many, many others."
"Okay. I'm glad I asked. This is even more restrictive than I originally thought. So, there's not even sections on campus that a map will direct you to where you could smoke if you're a smoker. You're saying that if you're a smoker, you have to go off campus?"
"Well, there is also an exception for vehicles traveling through, is the language that's used. So, if you're driving through a campus, in your own car, it doesn't apply to you. Again, very similar…" 09800113.docx 97 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"So, only if you're in a vehicle. If you're in your vehicle you could smoke on campus."
"Well, the way the exception… or the way the definition reads is that it does not apply to an instant where an individual is traveling through a campus in a vehicle that is not owned by the… the institution. So, yeah, this is a prohibition on smoking, much like we've done in most public places in the State of Illinois. And simply for the reason that secondhand smoke impacts others. We can't help when you smoke, but impact other people. And that's really the root of this Bill."
"I agree, maybe in a closed room. Now, if you are a smoker, and you're a student, and you're studying at the library and you're going to leave the library at night to walk back to your dormitory, you are unable to smoke?"
"We are pro…"
"This would prohibit that?"
"We are prohibiting that, but again, it's up to the universities how they want to enforce that. If they want to patrol, just do warnings, signage, et cetera. Very similar to how we do it on university… I mean, I'm sorry, primary and secondary campuses. Same thing."
"Does this Bill touch on medical… the use of medical cannabis?"
"This does not address that in any way."
"So, does that mean that that would be allowed?"
"One moment, please. Well, I think I'd refer you to the actual Medical Cannabis Act where it just delineates where 09800113.docx 98 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 you can and cannot utilize medical cannabis. This does not address it."
"I'm not sure if I got an answer to that. Does that mean that a student who is allowed to smoke medical cannabis on campus, outside of the building, would that be prohibited?"
"Well, you can't smoke… I… from my recollection of the medical marijuana law that we passed last year, you're not able to utilize medical cannabis in an outdoor location anyway. So…"
"Well, which one is it? If you're a college student, you can't smoke it in the dorm, right? You can't smoke it in the dormitory. You can't smoke it in a college building. You have to go outside."
"Well, there are many other options if you recall for medical cannabis usage such as, edibles, et cetera, and other products and ways of administering medical cannabis. So, smoking, you know, whether you're smoking cannabis or anything, you know there's prohibitions on that in Smoke Free Illinois that may or may not apply so."
"And this is not just students, this is faculty as well?"
"This is anyone on the campus."
"And what about college universities that own a… own a golf course?"
"I'm… again, if it's part of the campus, we're looking to prohibit smoking. And again, there's other people around."
"So, the universities…"
"Public…"
"…the universities that have a golf course, you cannot smoke on the golf course." 09800113.docx 99 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"If the university… if it's part of the campus, we're prohibiting the smoking. Now, whether the university chooses to have enforcement vehicles, signage. Really we're not looking to punish people for smoking. What we're looking to do is protect people that are not smokers from having to breathe secondhand smoke, which the evidence is overwhelming. It causes huge increases in mortality. And I could go through the list of all the medical problems, but I think we know by now what they are."
"Mr. Deluca, could you bring your remarks to a close, Sir."
"Certainly, Mr. Speaker. But I think they were valid questions. They had merit. Ladies and Gentlemen, to the Bill. I understand there's tremendous amount of concern and many Legislators who have spoke in regards to the health concerns that smoking has. There are people… there are adults that choose to smoke. It's a decision they make. This is not going to prevent them from smoking. This is just going to, basically, put them in a situation where they're going to break the law because they're not going to stop smoking. They're just going to hope they don't get caught. I'm going to urge a 'no' vote on this just because of some of the questions that I asked in regards to the map, where they'll be allowed to smoke. Certainly the medical cannabis issue is unclear. And definitely because of no smoking on the golf course. Vote 'no'."
"Representative Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09800113.docx 100 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 Davis, M.: "Representative Williams, can people smoke in churches?"
"We don't address churches; it's a place of worship." Davis, M.: "I know, but I'm just asking. Usually not."
"I have no idea." Davis, M.: "Do we smoke in the General Assembly?"
"You know, no, but we used to." Davis, M.: "Do we smoke on airplanes?"
"No, Ma'am." Davis, M.: "Anybody who breathes air is subject to illness if they are breathing in the smoke, even if the smoker has put out the cigarette. If it's in the clothing, if it's in the air, it is deathly and dangerous. Why anybody would choose to allow college people to be subjected to the hazards of the diseases brought about by smoking cigarettes is beyond me. I believe that young people who are in their formative years, they're in college, many of them haven't made the important decision of their lives. But we as Legislators know the dangers of smoking and breathing in secondhand smoke. Ann Williams, I'm glad to be a cosponsor on this Bill."
"Thank you, Representative." Davis, M.: "And I vote 'aye'. And I urge all of you to protect the children in the State of Illinois. Vote 'aye'."
"Representative Davidsmeyer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Does this cover e-cigarettes, as well, that have the vapor that comes out?" 09800113.docx 101 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"This actually applies to lighted devices. They're not lighted in the traditional way you consider lighted. So, it does not apply to e-cigarettes."
"Okay. Does… this is only college campuses. We can still… and I'm not a smoker, but if I want to walk from the Stratton Building over to the Capitol, I can do that because it's outside."
"This is only state-supported institutions of higher learning…"
“Okay."
"…which is public universities, colleges, junior colleges."
"So, it doesn't apply to us here."
"No."
"Okay. I just wanted to make sure. Thank you."
"Mr. Brady."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Of course."
"Representative, how would this affect a college golf course, university golf course?"
"Well, I think that's the same question Representative DeLuca asked."
"And I'm sorry. I didn't hear the answer."
"Okay. Yes, any college campus property, campus property would be covered under this Act."
"Any… any property. If it's not campus, but it's still part of the university, it would be covered under this Act. Is that your answer?" 09800113.docx 102 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Well, if it's considered… let me get the definition for you. But if it's considered campus, and they do have a definition of campus in here, all property including buildings, grounds, parking lots, and vehicles that are owned or operated by the state-supported institution of higher education. So that is all property owned by the campus."
"Okay. So, it would affect a golf course."
"That's all property."
"And it would affect the university farm."
"If it's owned and operated by a state-supported institution of higher education, yes."
"Thank you very much."
"Mr. Dunkin."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I'm just trying to get some clarification. You say, on college campuses. Does that mean community colleges as well?"
"Any… any institution that receives state support, public universities. So, if it's a private college, university, any institution that's private is not included."
"Okay. So the State of Illinois, we provide community colleges with a significant amount of funding. I'm just trying to get some clarification with that, and…"
"Okay. State supported is defined as follows: it means the University of Illinois, Southern Illinois University, Chicago State, Eastern Illinois, Governor's State, Illinois State, Northeastern Illinois, Northern Illinois, Western Illinois, and the public community colleges subject to the 09800113.docx 103 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 Public Community College Act, which I would refer you to… to a comprehensive list."
"So that means yes?"
"Yes."
"Community colleges that would…"
"That would… if they're defined under the Public Community College Act."
"You know, it's… it's kind of hard to hear, Mr. Speaker."
"So, yes, Representative."
"So, yes, it means…"
"The community colleges do… it does apply to them."
"Waubonsee, the College of DuPage, they… they would be impacted by this ban, correct?"
"If they're public. College of DuPage actually, incidentally, already has a smoke-free campus."
"Well, just… well, I guess what I'm to trying to establish is most colleges, especially community colleges, receive a significant amount of state funds."
"They're covered in this case. If they're in the… if they're considered public community colleges, they're covered. So a private college or university is not covered by this Act today."
"All right. So, City College of Chicago would be impacted by this? Can you talk in the mic, I cannot hear you. So, City College of Chicago would be impacted with this?"
"City College actually, voluntarily is smoke free, every campus. It's general knowledge of the public." 09800113.docx 104 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"On all of their campuses? Because I go past two of their colleges and I see them smoking outside. As a matter of fact, they have the… the smoke stems that are at the base."
"Representative, they might be smoking on a sidewalk, which is not covered by this. This addresses campus property only, and doesn’t apply to public outdoor property."
"Well, it's dir… like Harold Washington College, where I attended, it's directly outside of their front entrance, those cigarette stands, I guess."
"And that… that would be a different Bill. Again, this only applies to college campus property."
"Okay. I get… part of… you know, I know I'm a cosponsor on this, but I'm trying to… you know, I work in the Higher Education Committee. I'm trying to figure out, 'cause you have a number of adults who attend community colleges and as a matter of fact, schools like Northeastern Illinois and Chicago State, you tend to have an older demographic there, and you know, I’m looking at this now, and it seems as if, you know, we may be… we may be getting into territory that is restrictive or prohibited of one's right whether they want to smoke on a cancer stick or not."
"Okay. But what I would say is, we're not talking about protecting children in this Bill. What we're talking about is protecting public health. At one point we allowed smoking, not too long ago, in bars and restaurants. In fact, when I started on staff, people smoked in the back of the chamber. Were later relegated to the restroom. And they smoked on the Senate Floor at their desks when I started out. So, this issue has really evolved and it's become an issue of public health. 09800113.docx 105 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 We didn't know, years ago, what a detrimental impact smoking has had."
"Sure."
"So, this is not about individual rights to smoke. This is about the impact that that individual's right to smoke has on other people. And the detrimental impact on other people's health."
"Representative, I hear you loud and clear."
"Yeah."
"And just for the record, I voted against folks that… you know, for bars and/or restaurants to… for the state imposing legislation against them. As a matter of fact, you know, if one didn't want to go to… what my disposition was, if they smoked in a bar or restaurant, I just didn't attend that or patronize that particular establishment. All I'm trying to do is get some clarification. And I know you've worked hard with this legislation, is you have a number of adults who are… who are smokers, and will they be impacted or will there be any unintended consequences for this piece of legislation?"
"You know, I think the reality is, this, like Smoke Free Illinois, is a step forward in terms of recognizing the dangers that smoking presents to public health. Dangers that…"
"Representative, I'm just trying to…"
"…we weren't aware of before. So it's a… it's a step forward."
"I'm just trying to speak to the letter of this legislation, that's all."
"Gotcha." 09800113.docx 106 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"I understand the right. I'm not a smoker. I'm trying to figure out the specific facts of prohibition on a particular campus and what the parameters are, and if it impacts the community colleges, and to what extent."
"It does. It does."
"You said it does, correct?"
"Yes, yes."
"Okay. Well, you see it… when I first signed on to this, I was under the impression of Southern Illinois, Eastern, et cetera, on those traditional campuses. But these community colleges, you have a disproportionate number of adults, and/or sort of a different population, they're not young students. And this would infringe upon their rights to… to do whatever they want to do because smoking is legal here in this country. I'm just trying to figure this out."
"Well, and the rights for them to do what they want to do unfortunately impact other people's rights to breathe air free of smoke to the tune of 50 thousand deaths in the United States per year. I know it's a step forward that I think in 2007, many people were uncomfortable with moving forward with Smoke Free Illinois. But I can't tell you how many people, when I walked around talking to you all about the Bill, said how positive it has been. This is the same thing. We are looking at advancing the public health as a whole."
"Mr. Dunkin, can you bring your remarks to a close, Sir."
"Yes. Can I chew tobacco? Will this allow me to chew tobacco or to chew on a cigar on campus?" 09800113.docx 107 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Yes, if it's not lighted. In the definition it says 'lighted'."
"Thank you."
"Thanks."
"Mr. Acevedo."
"Thank you, Mr. Speaker. I move the previous question."
"Gentleman moves the previous question. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the previous question is put. Representative Williams to close."
"Thanks for the discussion. I ask for an 'aye' vote in the interest of public health."
"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 record yourselves. Franks, Kifowit. Please take the record. On this question, there are 67 voting 'yes', 44 voting 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. We have a few Bills on Second to move to Third. The first one is House Bill 5464, Mr. Rosenthal. Out of the record. House Bill 5592, Mr. Andrade. Please read the Bill."
"House Bill 5592, a Bill for an Act concerning a relation to public employee benefits. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4382, Representative Nekritz. Please read the Bill."
"House Bill 4382, a Bill for an Act concerning safety. Second Reading of this House Bill. Amendment #1 was 09800113.docx 108 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5567, Mr. Phelps. Out of the record. Continuing with Second Readings, Ladies and Gentlemen. House Bill 4866, Mr. Cavaletto. Read the Bill, please."
"House Bill 4866, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No…"
"Out of the record, Mr. Clerk. I'm sorry for cutting you off. House Bill 4857, Mr. Cross. Out of the record. House Bill 4948, Mr. Davidsmeyer. Please read the Bill."
"House Bill 4948, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Davidsmeyer, has been approved for consideration."
"Mr. Davidsmeyer."
"Thank you, Mr. Speaker. We're just adding an Amendment here. We're changing a date from 1990 to 1980, for people to be able to put a little sign in commemoration of a lost loved one who died in a DUI accident. So, I hope everyone will… I move for its adoption."
"Those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 5864, Mr. Moffitt. Please read the Bill." 09800113.docx 109 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"House Bill 5864, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5143, Mr. Poe. Please read the Bill."
"House Bill 5143, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Poe, has been approved for consideration."
"Mr. Poe."
"Mr. Speaker, Ladies and Gentlemen of the House. This is Amendment to the Bill and it will become the Bill. And it's… license plates for veterans and it's out at the World War II Memorial out at Camp Lincoln. And what it'd do, it provide maintenance, further education for veterans and classrooms. So, we'd ask for a favorable vote."
"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 5610, Mr. Reis. Please read the Bill."
"House Bill 5610, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3768, Mr. Burke. Please read the Bill. Out of the record, Mr. Clerk. House Bill 5569, 09800113.docx 110 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 Representative Cassidy. Representative Cassidy. Out of the record. House Bill 3827, Representative Monique Davis. Representative Davis. Please read the Bill."
"House Bill 3827, 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 4211, Mr. Franks. Please read the Bill."
"House Bill 4211, a Bill for an Act concerning civil law, which may be referred to as the Payment Nondiscrimination Act. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4035, Representative Hernandez. Do you want to move your Bill, Representative? Please read the Bill."
"House Bill 4035, a Bill for an Act concerning health. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3958, Representative Kifowit. Representative Kifowit. Out of the record. House Bill 4745, Representative Sente. Please read the Bill."
"House Bill 4745, a Bill for an Act concerning liquor. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed." 09800113.docx 111 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Third Reading. House Bill 3668, Mr. Turner. Out of the record. House Bill 5735, Representative Williams. Representative Williams. Out of the record. House Bill 4486, Representative Willis. Please read the Bill."
"House Bill 4486, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3910, Mr. Yingling. Read the Bill."
"House Bill…"
"Mr. Clerk, I'm sorry. Out of the record. House Bill 4593, Mr. Zalewski. Mr. Zalewski. We'll wait patiently, Sir. Do you wish to move the Bill? Please… please read the Bill."
"House Bill 4593, a Bill for an Act concerning State Government. Second Reading of this House Bill. Amendment #3 was adopted in committee. Floor Amendment #5 is offered by Representative Zalewski and has been approved for consideration."
"Mr. Zalewski."
"Thank you, Mr. Speaker. I move for the adoption of Floor Amendment #5. It clarifies issues related to the department's comfort level with the Bill."
"Gentleman moves for the adoption of the Amendment. Chair recognizes Mr. Reboletti."
"Thank you, Speaker. Will Representative Zalewski yield?"
"Of course." 09800113.docx 112 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
"Representative, does this become the Bill…"
"No."
"…or does this add to the Bill?"
"I… and I was mistaken, Representative. My apologies to the Chair. This… Amendment #5 adds the optometrist into the Bill which is an accommodation to the optometrist."
"Thank you."
"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. Mr. Clerk, what is the status of House Bill 5864?"
"House Bill 5864 is on the Order of Third Reading."
"Please place that Bill on the Order of Second Reading. Mr. Clerk, House Bill 4535. Please read the Bill."
"House Bill 4535, 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. Mr. Clerk, House Bill 5960… 5569. Please read the Bill."
"House Bill 5569, a Bill for an Act concerning regulation. Second Reading of this House Bill. Amendment #1 was adopted in committee. A fiscal note and state mandates note has been requested but not filed at this time."
"Thank you. The Bill will be held on the Order of Second Reading. Members, we're about to do two Death Resolutions. Staff will retire to the rear of the chamber. 09800113.docx 113 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 Members will be in their chairs. First one is Senate Joint Resolution 46, Mr. Harms."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise today to bring forth Senate Joint Resolution 46 in honor of Casey Kohlmeier. He was a Pontiac police officer. And he graduated from Pontiac Township High School in 2002 and earned his bachelor's degree in Technical Management from DeVry University. He was a member of the United States Air Force from 2002 to 2006, receiving the Distinguished Graduate Award during technical school at Lackland Air Force Base; he then served at Offutt Air Force Base in Omaha, Nebraska. He was awarded the Air Force Commendation Medal, the Air Force Training Ribbon, the National Defense Service Medal, the Air Force BMT Honor Graduate Ribbon, the Small Arms Expert Marksmanship Ribbon with device, the NCO Professional Military Education Ribbon, the Air Force Good Medal Conduct, the Meritorious Unit Award, the Global War on Terrorism Service Award, as well as being named the Airman of the Year in 2005. Officer Kohlmeier worked for the Pontiac Police Department with the K9-Unit since January of 2007; he received his training certificate as a detective on the Livingston County Proactive Unit. His K-9 patrol partner, Draco, who was his beloved sidekick, was with him until the end. Casey Kohlmeier was killed by a drunk driver on Interstate 55, just outside of Pontiac. We also, in his honor, would like to rename a section of Interstate 55 from exit 147 to exit 1… sorry, 202. And I move for its adoption."
"The Body will take a moment of silence. Mr. Harms moves for the adoption of the Resolution. Those in favor say 09800113.docx 114 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 'yes'; opposed 'no'. The 'ayes' have it. Those in favor of the Resolution will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? On this question, there are 113 voting 'yes', and 0 voting 'no'. And the Resolution is adopted. House Resolution 962, Mr. Riley."
"Thank you, Mr. Speaker. Many times during a Session, unfortunately, many of us bring unfortunate news about someone that we've lost in our area. First responder, on March 17, Officer James Morrissy from the Oak Forest Police Department was killed in the line of duty pursuing… helping another fellow officer going to a domestic, violent situation. And he was the first officer to be killed in the line of duty in the history of the Oak Forest Police Department. Many of these first responders do more than just their job and Officer Morrissy was the training officer for the Oak Forest Police Department wanting to help people. He had been an officer for 30 years. And they entrusted the training of new trainees to him. And he was just a tremendous guy. If you talk to any of the members of the force, they will tell you that. He also was very active in his community, as many of them are. Being active in the community, the entire family had something to do with touching the community, helping out. His wife, he leaves behind, was a… a planner. Actually, she was a housing administrator, or is a housing administrator for one of our local councils of government. And it's just a very tragic situation, very tragic. And I would ask you to remember him, keep the family in your 09800113.docx 115 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 prayers. And I would like a moment of silence in the honor of Officer James Morrissy."
"Thank you. This Resolution has already been adopted. Mr. Dunkin."
"Point of personal privilege, Mr. Speaker."
"Proceed, Sir."
"Today the Illinois Legislative Joint Black Caucus will meet in Room 115, in Room 115 at 5:00 tonight. Thank you."
"Mr. Clerk, Agreed Resolutions. Then we'll pass on that. Mr. Clerk, committee announcements."
"The following committees will be meeting at 4:00. The Appropriations-General Services Committee is meeting in D-1, and the Appropriations-Public Safety Committee is meeting in C-1."
"And now allowing perfunctory time for the Clerk, Leader Currie moves that the House stand adjourned 'til Thursday, April 3 at the hour of 10 a.m. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the House does stand adjourned until Thursday, April 3 at the hour of 10 a.m."
"House Perfunctory Session will come to order. Introduction and First Reading of House Bills. House Bill 6220, offered by Representative Kay, a Bill for an Act concerning business. House Bill 6221, offered by Representative Durkin, a Bill for an Act concerning State government. First Reading of these House Bills. First Reading of Senate Bills. Senate Bill 343, offered by Representative Moeller, a Bill for an Act concerning revenue. Senate Bill 1630, offered by Representative Monique Davis, a Bill for an 09800113.docx 116 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 Act concerning regulation. Senate Bill 2641, offered by Speaker Madigan, a Bill for an Act concerning State government. Senate Bill 2905, offered by Representative Welch, a Bill for an Act concerning revenue. Senate Bill 2947, offered by Representative Sims, a Bill for an Act concerning regulation. Senate Bill 2956, offered by Representative Welch, a Bill for an Act concerning criminal law. Senate Bill 3149, offered by Representative Welch, a Bill for an Act concerning public health. Senate Bill 3294, offered by Representative Welch, a Bill for an Act concerning local government. Senate Bill 3314, offered by Representative Cabello, a Bill for an Act concerning local government. Senate Bill 3334, offered by Representative McAsey, a Bill for an Act concerning revenue. Senate Bill 3444… correction… Senate Bill 3443, offered by Representative Will Davis, a Bill for an Act concerning State government. Senate Bill 3448, offered by Representative McAsey, a Bill for an Act concerning revenue. Senate Bill 3495, offered by Representative Wheeler, a Bill for an Act concerning civil law. Senate Bill 3507, offered by Representative Kay, a Bill for an Act concerning local government. Senate Bill 3526, offered by Representative Sandack, a Bill for an Act concerning education. Senate Bill 3551, offered by Representative Ford, a Bill for an Act concerning regulation. Senate Bill 3552, offered by Representative Yingling, a Bill for an Act concerning local government. Senate Bill 3554, offered by Representative McAsey, a Bill for an Act concerning education. First Reading of these Senate Bills." 09800113.docx 117 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014
Clerk Hollman: "Introduction of House Joint Resolution Constitutional Amendment #49, offered by Representative Christian Mitchell. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 3 of Article IX of the Illinois Constitution as follows: ARTICLE IX REVENUE SECTION 3. LIMITATIONS ON INCOME TAXATION (a) There may be one tax on the income of individuals and corporations. This may be a fair tax where lower rates apply to lower income levels and higher rates apply to higher income levels. No government other than the State may impose a tax on or measured by income. (b) Laws imposing taxes on or measured by income may adopt by reference provisions of the laws and regulations of the United States, as they then exist or thereafter may be changed, for the purpose of arriving at the amount of income upon which the tax is imposed. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This was First Reading in full of House Joint Resolution Constitutional Amendment #49. Introduction of Resolutions. House Resolution 969, offered by 09800113.docx 118 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/2/2014 Representative Brauer; House Resolution 971, offered by Representative Sims; and House Resolution 972, offered by Representative William Davis are referred to the Rules Committee. There being no further business, the House Perfunctory Session will stand adjourned." 09800113.docx 119