"House Perfunctory Session will come to order. Committee Reports. Representative Barbara Flynn Currie, Chairperson for the Committee on Rules reports the following committee action taken on May 23, 2014: recommends be adopted, referred to the floor is Floor Amendment #1 to House Bill 3792; approved for consideration, referred to Second Reading is House Bill 3817."
"The House shall come to order. The Members shall be in their chairs. We ask the Members and guests to refrain from starting their laptops, turn off all cell phones, and rise for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Pastor Kirk Rowe who is with the First Baptist Church in Albion, Illinois. Pastor Rowe is the guest of Representative Reis."
"Let us pray. Dear Heavenly Father, we thank You for the freedom we have been blessed with to gather as Representatives and the public to conduct the business of the state today. We pray, especially this Memorial Day weekend, that we can have grateful hearts for the men and women who have sacrificed their lives to make the preservation of our liberty possible. We appreciate You the sacrifices their families have made in sharing their loved ones with our entire nation. We pray also for those who are currently serving, especially those in places of current conflict. While we appreciate their service, we pray also for their safe return. We pray their sacrifice would inspire us to work hard to make this state the best that it can be. And we pray for cooperative spirit and divine wisdom to permeate this chamber and the halls of the Capitol today, Amen." 09800137.docx 1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"We shall be led in the Pledge of Allegiance by Representative Reis."
"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 Madigan: "Roll Call for Attendance. Representative Currie."
"Thank you, Speaker. Please let the record reflect the excused absences of Representatives Acevedo, Hernandez, and Zalewski."
"Representative Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representative Schmitz is excused on the Republican side of the aisle today."
"Mr. Clerk, please let the record reflect those excused absences. Mr. Clerk, take the record. On this question, there are 114 people responding to the Attendance Roll Call. There is a quorum present. Mr. Clerk. Mr. Clerk."
"Agreed Resolutions. House Resolution 1140, offered by Representative Brady. House Resolution 1141, offered by Representative Brady. House Resolution 1142, offered by Speaker Madigan. And House Resolution 1143, offered by Representative Crespo."
"The Clerk has read the Agreed Resolutions. Representative Currie moves for the adoption of the Agreed Resolutions. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Agreed Resolutions are adopted. Mr. Bost." 09800137.docx 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Thank you, Mr. Speaker. Representative Franks here, is standing in front of me, and he would like to make an announcement."
"I'd like to call an immediate Republican Caucus."
"Thank you."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. May I request a immediate Democrat Caucus?"
"All right. Ladies and Gentlemen, the Republicans will go to caucus in Room 118. The Democrats will stand at ease. And as soon as the Republicans return to the floor, we will go to the consideration of the budget. Thank you. On Page 9 of the Calendar, on the Order of Senate Bills-Second Reading, there appears Senate Bill 221, Mr. Lang. Mr. Clerk, what is the status of the Bill?"
"Senate Bill 221, the Bill has been read a second time on a previous day. No Committee Amendments. Floor Amendment #1 is offered by Representative Lang."
"Mr. Lang on the Amendment."
"Thank you, Mr. Speaker. The Amendment becomes the Bill. This deals with the Legislative Ethics Commission. The Inspector General at the Legislative Ethics Commission has resigned. The statute does not allow for the appointment of an Interim Inspector General. All this does would be allow the Commission to appoint an Interim Inspector General. I would ask your support on the Amendment."
"The Gentleman moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. 09800137.docx 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. Read the Bill."
"Senate Bill 221, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"Mr. Lang."
"Please vote 'aye'."
"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of the Supplemental Calendar #1 there appears House Bill 3817. Mr. Clerk, what is the status of the Bill?"
"House Bill 3817, a Bill for an Act concerning elections. The Bill was read for a second time on a previous day. No Committee Amendments. No Floor Amendments. No Motions are filed."
"On Page 4 of the Calendar, on the Order of House Bills-Second Reading, there appears House Bill 3792. Mr. Clerk, what is the status of the Bill?"
Clerk Bolin: "House Bill 3792, a Bill for an Act making appropriations. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1 is offered by Speaker Madigan and Representative Crespo."
Speaker Madigan: "The Chair recognizes Mr. Crespo on the Amendment." 09800137.docx 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Thank you, Speaker, Members of the House. House Floor Amendment #1 to House Bill 3792 is basically the new budget plan that we worked on and I would like to discuss that on Third, if I could. I ask for the adoption of the… House Floor Amendment #1."
"Mr. Crespo, are you proposing to adopt the Amendment and then debate the matter on Third Reading?"
"Yes, Speaker."
"Okay. The Gentleman moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. Read the Bill."
Clerk Bolin: "House Bill 3792, a Bill for an Act making appropriations. Third Reading of this House Bill."
"Mr. Crespo."
"Thank you, Speaker, Members of the House. As many of you already know, yesterday the workgroups met and reworked the budgets based on some additional funding. There were some changes that were made on the above-the-line items. There was $396 million that were supposed to go to two newly created funds; one for Human Services and one for education. That money was brought back in and applied towards… to use towards the budget. In addition to that, we adjusted the pension payment. There's… that's based on the sale of unclaimed property. And those dollars will go to make sure that we pay our fully certified pension contribution for the year. It's also assuming that we take $300 from insurance and we adjusted 09800137.docx 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 that down based on the expected liability for fiscal year '15. That generated an additional $893 million that was sent back to each Appropriation Committee. Human Services was able to spend an additional $354 million, K-12 $397 million, Higher Education 61 million, Public Safety 48, and General services $34 million. In General Services, some of that money was used and we kept the reserve of $10 million that was not expended. And I'll be happy to entertain any questions."
"The Gentleman moves for the passage of the Bill. The Chair recognizes Mr. David Harris." Harris, D.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, on March the 26 of this year the Governor of this state stood in that Speaker… in the… in the Clerk's well at the podium and gave his budget message. And in his budget message, these are the kinds of words that he used if we did not extend the current temporary income tax. There would be extreme and radical cuts imposed on education. We would starve our schools. Thousands of senior citizens in nursing homes would be left vulnerable. Hundreds of veterans would be evicted from Veterans' Homes. He then went on to say, and how he said this is absolutely beyond me, the truth is, Illinois is spending less, billions less. Now, I do not understand how a General Revenue Fund increased from $27 billion four years ago to $36 billion this year, and we spent every penny, how that can be called spending less. So, you know what I think of these words that the Governor spoke, horse feathers, absolute horse feathers. Now, I happen to agree with the distinguished Legislators from the 30th and the 13th and the 26th Districts that say, yeah, we're bringing in more money, 09800137.docx 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 but it's not going to the programs that people need. And they are right. Where is it going? And I'm going to take you down for a second into the revenue weeds; the reference that the Sponsor of this Bill just said about the above-the-line and below the line numbers. The process that was set up by the Speaker four years ago in handling the budget is a wise process and he had cooperation from this side of the aisle. And that process was very simply, we determine what our revenues are on an estimated basis… we determine what our revenues are for the year and then we appropriate, we spend no more than what those revenues are. Great idea. Don't spend more than what the revenues are. And you know what, for the past three years that's pretty much what we have done. Yes, we have some old bills still hanging out there, but for the past three years this House and this General Assembly, as a whole has acted, in my mind, fairly responsibly. So, now we come to a situation where we know what's going to happen with the… with the temporary income tax if we do nothing. It is going to go down from 5 percent on the individual level to 3.75 percent. That will mean a decrease in revenue. I don't disagree with that. But does it mean, radical and draconian extreme cuts? No, it does not. And let me tell you why I don't think it means radical and draconian and extreme cuts. When the Majority Party first put out a proposed budget lay down earlier this year, it showed $2.3 billion in reductions of what would go to the Appropriations Committees to appropriate, 2.3 billion. That is a significant reduction, there's no question about it. Our side of the aisle didn't say… didn't agree with that. We didn't go along with it. We 09800137.docx 7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 felt that the… the numbers above the line, those mandated expenditures, which we have to take; the pensions, the Medicaid, the group health, the transfers-out, that they didn't have to be as big as what was proposed. Therefore, there would be more money down below the line. Well, from the initial proposal that was put out that showed 2.3 billion dollars in reductions, we got a new proposal yesterday. And overnight, mirabile dictu, we've come up with $900 million according to the plan that you put out. We no longer have reductions of $2.3 billion, we only have reductions of $1.4 billion. Somehow, overnight, we've picked up $900 million. My point here is simply this; we can do better. We can build a budget outline on the… on the amounts that are given to the Appropriations Committees. We can build a budget outline that will basically hold every department, every agency flat. That's my contention. Now, it is built, I strongly believe, on one key element. And that key element is the fact that we need to look at FY14 as well as FY15. Because in this budget lay-down there is $650 million for FY15 that is proposed to pay old bills. Six hundred and fifty million dollars, a lot of money. Let's come back to FY'14 for a minute. Remember that we have $1.2 billion in estimated revenues above what we appropriated for FY14. We have $1.2 billion more coming in in FY14 than we're going to spend. What are we going to do with that $1.2 billion? Here's my belief and here's my recommendation. Use that $1.2 billion to pay old bills. Amazing, to pay old bills. One of the things we all hear about all the time. Think of what the credit rating agencies would say about the State of Illinois if we used $1.2 billion to 09800137.docx 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 pay our old bills. They'd sit up and take notice. They'd say, wow, they made a significant reduction. And if we used $1.2 billion, or the bulk of it, and by the way, when I say old bills, pay those… pay those AFSCME contracts that are due, pay all those vendors that are owed. Those are old bills. Pay 'em. Pay 'em with that $1.2 billion and if we do that, I believe that we don't have to put $650 million into old bills for FY15. Meaning that $650 million flows from above the line to below the line. Below the line means money that can be spent for programs, for departments, for agencies. We can build a better budget. That's my contention. I think you will see most of my colleagues on this side of the aisle voting 'no'. And we're going to vote 'no'… we're going to vote 'no' because we think we can do better. We think that we made a promise to the people of the State of Illinois where we said, on January 1 of 2015, the tax rates go down. The income tax increase is temporary. And on January the 15 or, excuse me, January the 1st of 2015, we're going to keep our promise. That's what we believe we need to do. That's how we establish trust within our citizenry that they don't look at… down their nose at us and say, you can't believe anything those folks down in Springfield say. So, we believe that. We believe that's what we should do. And we don't think that you're going to have extreme and radical reductions. We don't think that veterans are going to be kicked out into the street. We don't think that senior citizens are going to be kicked out of nursing homes. We believe that we can hold the line. I'm not suggesting it's going to be easy. And I'm not suggesting that FY16 is going to be easy. But I believe that we can hold the 09800137.docx 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 line. We can fund those needed services that need to be funded, that people count on from their state, and we can do it and still reduce the income tax as we promised. So, I'm going to urge a 'no' vote. I think that's the proper and appropriate vote for a budget that isn't built on reasonable… reasonable expectations. I'll give you one other example. For FY15, COGFA raised its estimate of new revenues by $167 million, $167 million increase, which is not included in here. Why not? Why not pass a new Resolution saying COGFA raised their bud… their revenue estimate for FY15 by $167 billion. Let's pass a new revenue estimate here in the House. Rather than pu… put together a multipage Bill, multipage budget Bill, increase the revenue estimate. At least be honest and say that's what the revenue estimate is for FY15. So, we think the assumptions are wrong. We think the assumptions can be better. We think we can hold the line, fund what we need to fund and still have… and keep that promise to the people of the State of Illinois and let that tax decrease as it's supposed to. For that reason, I'm standing and recommending a 'no' vote."
"Mr. Crespo has spoken for the Bill. Mr. Harris has spoken against. Mr. Crespo to close."
"Thank you, Speaker. I respect, a whole lot, Representative David Harris. He represents the northwest suburbs. There's a magic number out here, folks, six. After today, we have six days to come up with a budget. Last week, we put some budgets out there based on certain assumption that the tax crease… the tax is extended. This is a factual Bill. This is based on the assumption that the tax Bill… or 09800137.docx 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 the tax increase goes away. We have six days to do that. Part of the process for those of you who are involved with the budget process understand that there's always discussion on the above-the-line items. And I've been Approps Chair now for four years and we always start that way. And the four years I've been Approps Chair it seems like we never reach an agreement, but we move the process forward. We can't wait to reach an agreement, so we start meeting in workgroups and start putting a budget together. Last week we did something a little bit different. Usually we… we decide what the revenue is, then we come up with a spending plan. There's no movement on the revenue. We couldn't just sit down, do nothing, so, we processed these Bills to put it out there and have them in queue. Today I hope that we pass this Bill based on the facts as they are today. And on May 31, we need to reconcile this. If nothing happens with the revenue, there's going to be a Bill out there. Now, let me also say this that some of these ideas on above the line were result of some of the comments we heard from the Republican side. And there was some movement there. Obviously, apparently, we don't agree. There's some additional spending that, yes, maybe we could have used for old bills or other items, but folks, as of today, the facts are that the tax won't be extended and we're going to have additional pressures next fiscal year and we have to be prepared to handle that. Now, you got to be for something, folks. If you were against the Bills last week, I would imagine you're going to be for this Bill. You might be for both. Just to make sure that we move the process forward, that's what we're trying to do. So, I want to again thank the 09800137.docx 11 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 committees and the workgroups for meeting. We had to move fast because, again, after today folks, six days. We'll be back on Monday and we’re going to have additional pressures. We need to move the process forward. What's the end result? I'm not sure what the outcome is going to be, but we'll have hopefully, two Bills. If nothing happens with the tax increase, this Bill will kick in. It's as simple as that. So, Speaker, I thank you and I ask for your 'aye' vote."
"The Gentleman has moved for the passage of the Bill. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 5 people voting 'yes', 107 people voting 'no'. This Bill fails. Mr. Lang in the Chair."
"On page 4 of the Calendar, under the Order of House Bills-Second Reading, appears House Bill 3816. Mr. Clerk, please read the Bill."
"House Bill 3816, a Bill for an Act concerning elections. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1 is offered by Speaker Madigan."
"Speaker Madigan on the Amendment."
"Mr. Speaker and Ladies and Gentlemen of the House, I would propose that we adopt the Amendment on Second Reading and move the Bill to Third. And then debate the issue on Third Reading. I would move for the adoption of the Amendment."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it and the Amendment is adopted. Mr. Clerk." 09800137.docx 12 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"House Bill 3816, a Bill for an Act concerning elections. Third Reading of this House Bill."
"Speaker Madigan."
"Mr. Speaker and Ladies and Gentlemen of the House, House Amendment #1 to House Bill 3816 places a nonbinding advisory question on the November 4, 2014 ballot asking the voters of Illinois whether they support a surcharge on the portion of an individual's income that is greater than $1 million to provide additional funds for education. The question on the ballot would read as follows, 'Should the Illinois Constitution be amended to require that each school district receive additional revenue based on their number of students from an additional 3 percent tax on income greater than $1 million'. The idea that the revenue collected would be distributed to school districts on a per pupil basis, most likely on an annual basis. If the General Assembly decided to propose such an Amendment, and if the voters were to approve it, the surcharge would generate an estimated 1.05 billion in new revenue for education. This is roughly equal to $550 per pupil. Mr. Speaker, I move for the passage of the Bill."
"Mr. McSweeney."
"Mr. Speaker, to the Bill. We have 7.9 percent unemployment in this state. What we need is more taxpayers. COGFA just completed an analysis that said for every one percentage point reduction unemployment we can produce up to $150 million of additional revenues. That's the way to raise revenues, economic growth and creating jobs in this state. 09800137.docx 13 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 Eighty two percent of the filers of over $1 million of income have pass-through income, that's small business income that's creating jobs. Eighty percent of the jobs in this state are being created by small businesses. This would kill jobs in this state. Let's be clear about it. This is a job killer. What we need to do is we need to focus on economic growth and creating jobs, and this does not do that. Maryland tried this and they lost one-third of the people who have income above one million dollars a year. They lost tax revenue. This is a joke. This is not real legislation that will move this state forward. I strongly urge a 'no' vote. Let's focus on creating jobs and economic opportunity in this state."
"Representative Ives."
"Mr. Speaker, to the Bill. What this Bill does for DuPage County is it takes out $140 million from our taxpayers and it only brings back $77 million in educational funding. That's what it does for DuPage County. Definitely, I am a 'no' vote."
"Mr. Harris." Harris, D.: "Thank you Mr.… thank you, Mr. Speaker. Question to the Sponsor."
"Sponsor yields." Harris, D.: "Representative, we talked about this yesterday in committee when you brought to the committee and just, if I may, if memory serves me correctly, you had a Constitutional Amendment that would have changed the Illinois Constitution that would have gone on the… had it… had it been called for a vote and passed, would have gone on the ballot as well in November, correct?"
"The answer is yes." 09800137.docx 14 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 Harris, D.: "And… but that Constitutional Amendment which would have done the same thing here about calling for a surcharge on millionaires, that wasn't called for a vote in the House. Is that correct?"
"That's correct." Harris, D.: "And is there a reason why it wasn't called for a vote?"
"Because we did not have 71 people prepared to vote for the Resolution." Harris, D.: "Thank you very much. And Ladies and Gentlemen of the House, the Sponsor of this legislation just said that he did not have the sufficient votes to pass the Constitutional Amendment which would do exactly the same thing. That is an expression of what we, we who represent the people in our districts that is an expression of what we believe about this type of an initiative. We've talked about this before. We put a… an advisory referendum on the ballot for the minimum wage. And these are the types of decisions that we, as elected Legislators, are sent here to vote on. As I said before, we don't want to turn ourselves into California. We don't want to have a ballot that has 8, 10, 12, who knows, Resolutions on it that go to the people. That's not the way to run government in a… in a Representative Democracy. We have the responsibility to cast the votes. As Shakespeare said, let's not creep into the jaundice by being peevish. In other words, let's not be scared to push that red or green button as we see fit to cast the votes on behalf of our constituents. This deserves a 'no' vote."
"Mr. Sandack." 09800137.docx 15 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Thank you, Mr. Speaker. Will Speaker Madigan yield for a few questions?"
"Speaker will yield."
"Thank you. Speaker, this would be the second question, the second nonbinding question to be proposed on the November ballot?"
"The answer is yes."
"Do you have other nonbinding questions you wish to put to the pub… the electorate on this coming November ballot?"
"I thought I'd spend some time with you and see what would be on your mind."
"Well, I'm… I'm happy to do that. In fact, my colleague, Representative Reboletti has a question that he'd like discharged and debated on this floor. So, we can have that discussion, perhaps within a few minutes if you would oblige us of that opportunity."
"Well, we thought we would focus on the matter that's in the record right now."
"Yeah. That's… that's the privilege of the Majority to focus on the questions you call. So, let's talk about this one. You mentioned earlier that you didn't have 71 votes needed. So, too, with the minimum wage question, correct?"
"Well, Mr. Sandack, on the matter of the minimum wage, if it were part of a Bill, I believe, would only require 60 votes."
"Yes. And you didn't have 60 votes, so we… as you said last week, you want to put it before the electorate on the November ballot for their opinion." 09800137.docx 16 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Mr. Sandack, I don't think it's correct to say that we did not have 60 votes on the question of the minimum wage. We were working a Roll Call on behalf on the minimum wage, and as we did that and as we consulted with people, it became apparent that there was a strong body of opinion that would say, why don't we put this to a public question? It'll help the debate, help the discussion, help us come to a judgment as to what we wish to do with the minimum wage."
"Sir, that rationale being accepted by me and others, I'm certain. It's getting to be a crowded ballot though, isn't it, with respect to binding questions and nonbinding questions coming up on this ballot?"
"I don't think it's too much. I think that the Illinois voter is an intelligent, informed voter and they're more than willing to participate in the electoral process including advisory questions and other questions."
"Well, I couldn't agree more with you and I'd like you to reconsider the question of the income tax, whether it should be made permanent. It seems to me that is the seminal issue that ought to be put to the populist if we're going to continue to put other questions before them. But let me ask you this, because a cynic might suggest that the combination of these questions is for another purpose, to perhaps get out the vote and get folks to the ballot. Would you like to address that?"
"Certainly, Mr. Sandack, I would encourage all voters to vote all of the time. And I would encourage those not registered to vote, to register to vote and participate in the electoral process. I think you know from your experience 09800137.docx 17 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 in government and politics why voters make a judgment to vote or not to vote based on a variety of reasons, variety of reasons. Generally, it's not one narrow question. And so, in this particular election, why… again, there'll be multiple reasons why people may choose to vote or not to vote."
"Thank you, Speaker. To the Bill. Count me as one of the cynics, with respect to this question, the question we voted on last week because when you compare them to the two citizen initiatives, which are being fought in court, let's stop the citizen's from voting on issues we don't like. We, that being the Party in charge, but let's put a bunch of disingenuous questions before them to gin up the vote. Let's be certain, folks, what this is. This is not a genuine question. This isn't a true-seeking, what do the people want, initiative. This is pure politics. And I find it unfortunate, distasteful but unfortunately again, I guess I'm a cynic or I'm being skeptical. I don’t think we're really seeking the population's opinion because if we were really seeking their opinion, we'd put the only question that matters before them, whether the temporary tax increase should be made permanent. So, if we're going to really garner public opinion and really see what they want, we seem to be missing the seminal question. I guess that does make me skeptical and a cynic, so be it. Vote 'no'."
"Mr. Kay."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Mr. Speaker, I'd like to share some comments with you from a man, I believe, you know pretty well. And bear with me, 09800137.docx 18 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 it's not all that long, but it is sort of interesting and it goes like this. The worst deficit comes from a recession and if we can take the proper action and the proper time this can be the most important step we can take to prevent another recession. That is the right kind of a tax cut both for your family budget and the national and state budgets resulting from a permanent basic reform and reduction in our rate structure within government, and a creative tax cut creating more jobs and income and eventually more revenue. And at the right time, for that kind of Bill, it now appears in the absence of an economic crisis today and some would debate whether we do or we don't. And if the job is to be done in a responsible way, then very possibly, and it would be my suggestion we do it today in the General Assembly, opposed to maybe your proposal. To continue, such a Bill will be presented, or should be presented to the General Assembly for action very soon. It would include an across-the-board, top- to-bottom cut in both corporate and personal income taxes. It would include a long needed tax reform that logic and equity demand. And it will date that cut in taxes to take effect as of next year, I would say 2015. The billions of dollars… billions of dollars this Bill would place in the hands of the consumer and our businessmen in this state would have both immediate and permanent benefits to our economy. Every dollar released from taxation that is spent or invested will help create a new job and new salary. And these new jobs and new salaries can create other jobs and other salaries and more customers and more growth for an expanding Illinois economy as well as probably a national economy, on that basis. Instead 09800137.docx 19 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 of being permanently saddled, which I think you're suggesting today, with exc… excess taxes, pardon me, excess plant capacity and the budgetary deficit that we have coupled with the unemployment rate we have, that has created by this means, our goal should be fuller capacity, full employment, and a budgetary surplus, that that kind of un… that that kind of employment and capacity can produce. You know who said that, Mr. Speaker? John Fitzgerald Kennedy. And I took the liberty of inserting a word or two here, State instead of Federal Government. I have a lot of respect for John Fitzgerald Kennedy because he looked… he looked at the entire nation. He looked at every state and he was interested in growth, not burdening companies and people with tax burdens that would bury them. My suggestion today is we heed what President Kennedy said back, I believe it was August 13, 1962, and we think about how we can bring capacity to our plants, bring employment to our people, and take the saddle off the backs of our taxpayers when it comes to what we have placed upon them that keeps them from security and opportunity in this state. Thank you, Mr. Speaker, for listening."
"Mr. Bradley."
"I represent a district where our wealth comes from our children and the hope that America brings to them and the notion that putting more resources into schools is not what we need to be doing to decrease the unemployment rate or decrease the disparity of wealth in our country. I don't understand that. We want to get the unemployment rate down. In the areas that actually have the high unemployment rates, we need to be getting resources into those schools that are 09800137.docx 20 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 struggling in those areas. This Bill would do it. It should be a Constitutional Amendment, but this Body didn't have the courage to do it. So, maybe after we give it to the people… after we give it to the people, they'll give this Body the courage to come back and do what we should have done as a Constitutional Amendment. I will vote 'aye'."
"Mr. Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. To the Resolution. One of the previous speakers spoke about the privilege of the Majority. So, I think I want to speak for a moment on the privilege of the Minority, which apparently, is to vote 'no' and propose nothing. Now, there was representation when my district number was invoked in debate earlier that we could somehow roll the tax back to 3.75 but hold everything above the line and still hold funding for education and other things level. If that's true, it's my understanding that the Minority also gets paper on which they can print a budget and introduce it into this Body. Now, I'm new, so maybe that's not the case, but I'm pretty sure that happens to be the case. The privilege of the Minority apparently is inconsistency to say, let's take to the voters the question of income tax extension, but no, we can't ask the wealthy to pay a fair share. This is going to kill jobs allegedly if it passes, but wait a second, I was under the impression that the children in my district who get early childhood education eventually become workers for those businesses. I thought that maybe some of the working mothers getting child care might be on their way to work at some of these companies where some of these millionaires work. And I thought that this being a marginal tax question that 09800137.docx 21 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 what we were talking about here was something like possibly one-third of one percent of the income of these folks, potentially going back into the coffers to pay for the workers who work for them every day. So, let's not be ridiculous. Let's be honest about what we're talking about here. And if all you're going to do is stand back and vote 'no' and ignore questions that could potentially allow voters to give us advice to bring in revenue to fund their schools, this is the kind of thing that we should be doing. If you want to contribute, contribute. If you don't, don't make hypocritical statements about what you're not going to do. Vote 'aye'."
"Mr. Reboletti."
"To the Bill. Mr. Speaker, I appreciate the comments of the Gentleman from Hyde Park and wanting to share other people's money with those that he thinks should receive it. And I do contribute, Sir. My tax bill this year, $6 thousand. My home value is almost the same value of the Governor of this state. And the Governor of this state pays over a $1 thousand less than I do. So, when you talk about funding inequity, let's talk about property tax funding inequity. And Ronald Reagan said, and I don't know if I have the quote correct, but if you're for big government and big bureaucracy and big taxes, it's hard to be for the little guy. And we've seen the success rates of this type of tax in other states and those states lost money. Money that could go to the children, money that could go to nursing homes, to the vulnerable population. But if I'm going to be lectured, let's make it clear that all of us here contribute and that we'd like more people to contribute. And when I look at the House 09800137.docx 22 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 Rules, which is not one of the things that I'm very happy with, my contribution doesn't matter because if I file something that I think is important to get on the ballot, it's disregarded as a moot point by the Speaker of this Body. Because if we want to have free, open debate and discussion about this taxation policy, let's ask the people of this state, should we make this tax permanent? What are we afraid of? The Gentleman from Hyde Parks shouldn't be afraid of that, nor should any of us. I'd be more than glad to join the Speaker if he would amend this Bill to take my House Bill to put two advisory referendum on the ballot and that way, the people of the state could opine on two issues. Tax rates at one level, but more importantly, Ladies and Gentlemen, the tax rates for all earners in this state. But that's not what's going to happen here because it only takes one person to stop democracy in action. And it's unfortunate because the Rules Committee is the graveyard of great intention, where good pieces of legislation go to die because the Majority believes that they have no purpose even being debated. So, it's unfortunate. And all of us here would like to have everybody who wants to go to work have a job, but it's the intention of this Body to only allow certain referenda on the ballot. Those that you believe most likely benefit your agenda. And that is unfortunate. And for those of you who are concerned about them filing a Constitutional Amendment based off of this advisory referendum, the next time that we can put this on the ballot would be in 2016. So, I guess that we'll have the information in November, and we'll have two years to put it on the ballot. But I don't like to be lectured and told that 09800137.docx 23 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 I don't participate in this Body because I do. And I certainly participate with property taxes, sales taxes, income tax, you name it. So, I know that this is the grease chute of Government ready to plop one more advisory referendum out. I'm sure my Bill will not get a debate, but that's okay. That's the power of the Majority."
"Mr. Hays."
"Thank you, Mr. Speaker. To the Bill. You know, I heard some comments about… I heard some comments about what's important in the community. You know, the largest community in my district, unfortunately, has unemployment that is upwards of 14 percent, 14 percent. Yet, the unemployment office in that community was closed, closed. You can't even make this stuff up. You want to talk about what's important. I have labor halls in my community, a once proud labor community, where the electrical locar… local is now located in Terre Haute, Indiana, Terre Haute, Indiana. That's abominable. I went and picked up the phonebook from the secretary a minute ago because I knew what was on the back cover. On the back cover, it says the largest personal injury law firm in Illinois, and then it lists all of the awards. So, when we have a conversation about workmen's compensation reform, something that is pivotal to my district on the border, what happens? Representative Dan Brady, and others are there in good faith. Everybody's at the table, but it breaks down because it's not a good deal for the trial lawyer. We are trading in jobs in east central Illinois for the guy on the back of your phonebook. That is outrageous. We are not funding K-12 education, 11 percent less in the last two years, 09800137.docx 24 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 less than the foundation funding level. Thirty percent of the transportation money didn't show up at all. I ask that we get serious and start debating issues that matter."
"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I just spoke to the Gentleman from Bronzeville, who is not from Hyde Park at all, he's from Bronzeville. And I think it's important that we know what we're talking about when we stand up here. But that's a perfect example of people talking and not know what they're talking about. It happens a lot, over there. I rise in support of this very serious Bill because our children all over the state are not receiving the kind of education they should. For us to even consider having to cut what's going on in our classroom is abominable. When we think of children who need the knowledge of the new technology that is developing rapidly, rapidly and we must make sure these children are ready and prepared for the world of work. Now, some of us will stand up in all agreement when you talk about incarcerating them and keeping them in juvenile detention centers, but when it comes to educating them, we don't want to fund it. This Bill, in my humble expression, is a moderate, a moderate request from those who earn billions, hundreds of millions, from the people in our state. People who put their money offshore so they don't have to pay taxes on it. People who pay their workers minimum wages so they can be as… as rich as they become. Do they owe those children who they will expect to work for them for minimum wage at least a decent education so they can learn to use the new technology that's in their places of business? Our children deserve this 09800137.docx 25 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 regardless to the temporary people on that side, and I also think those temporary signs mean they are replacing the permanent Members who will soon come. Thank you, Mr. Speaker."
"Mr. DeLuca."
"Thank you, Mr. Speaker. Will the Speaker yield…"
"Speaker yields."
"…so I can speak to the Speaker? Speaker Madigan, if the nonbinding advisory referendum is approved by the voters, will it affect the threshold, the 71-vote threshold that it would be required?"
"The answer is no."
"Thank you very much."
"Representative Willis."
"Thank you. To the Bill. I represent a combination of both Cook and DuPage County. When this idea of putting in the surcharge tax to the millionaires came about a couple of months ago, as I was walking through my communities, I talked to people about it. I actually had a petition asking people to sign if they supported it, and if they did not, I listened and took that into advice as we came through. One of the things that I heard from many people were, we need to protect our schools. We need to get more money into the schools. Unfortunately, in my days of walking the community, I probably talked to maybe 200, maybe 300 people that I represent. That is not enough to get a true handle on this. So, putting this on a referendum in my opinion is a good idea. That's what we're here for. We're here to represent everybody. If we can get a better idea of what they're doing and what they truly want us to do while we're here in Springfield, it helps us do 09800137.docx 26 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 our job better. Coming from a school board background, I know that there was never, ever enough money in the school budget to do everything that we need to do. As one of my colleagues stated, we are constantly having upgrades in technology before us. We need to make sure that we educate our students to the level so that they can be productive citizens further on as they get out of school. This is a good idea. Why would it be a bad idea to ask people their opinion? We're not doing anything that we're not here for. So, I would strongly urge the Body to vote 'yes' on this. Thank you."
"Mr. Brown."
"Thank you, Mr. Speaker. I yield my time to Rep. Kay."
"Mr. Kay."
"Thank you, Mr. Speaker. The question of the Sponsor, please?"
"Sponsor yields."
"I'm curious. I've heard, you know, in the last week about how we were going to all be real nice to each other. We were going to treat each other with respect, and I'm certainly going to do that, Mr. Speaker, with you. But I haven't heard that today. And I've heard about knowing the facts. How about telling the truth? That's… that's something you and I agree on, isn't it, Mr. Speaker?"
"The answer is yes."
"Yeah. So, I know we're not going to agree on this, but in the spirit of the legislative process here since Representative Willis thinks this is something, and maybe it should be, on the ballot that we allow people to decide. Maybe this ought to be a two-prong question. Your question about 09800137.docx 27 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 whether or not we should tax billionaires. Maybe part b should be, would you prefer to leave the state of Illinois for a state that promotes tax decreases. Would that be a fair question in light of your question about the billionaire's tax?"
"Mr. Kay, I would suggest that on the second question, in terms of whether people would want to leave one state for another state simply on the question of taxes, I think to be fair, and I think you and I just agreed we're going to be fair, you'd be required to offer some additional information about both states. So, yes. Some states tax more than others, but some states offer more to their people, more attractions to their people. This is precisely the reason why I wish you would join me in my efforts to provide funding for the proposed Obama Library in Illinois."
"Well, that's a curious… that's a curious suggestion because when I wasn't at the Bilandic Building, somebody voted for me and said, I'm in favor of the library. How did that happen?"
"Illinois has numerous attractions. Right here in Springfield, we have the renowned Lincoln Library, which attracts people from Illinois, all over America, and from foreign destinations. In Chicago, we have world renowned museums. We have sporting facilities that attract people from all over the country. And that's one of the reasons why I think we would greatly help our state, greatly help the tourism attractiveness of this state, if we would work together and secure the location of the Obama Library in Illinois. But as you know from your business experience, it's 09800137.docx 28 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 not sufficient just to talk about things, you've got to put some reasons on the table."
"Well, I… I have no objection to the library. I do have an objection that taxpayer money be used to fund it because that's something that's unheard of. I hope it happens, but I hope it doesn't happen with taxpayer money. And I hope no one ever votes for me again when I'm sitting at my desk in Edwardsville and someone in Chicago said I voted for taxpayer dollars to be spent for the Obama Library. And that's just an off-the-side comment, but I do think this…"
"Mr. Kay, let me interrupt you for a second. And you weren't here at the time it happened, but the facts are that the Lincoln Library and Museum was financed mainly by the State of Illinois. It was over $100 million of State of Illinois money that helped finance the Lincoln Library and Museum. So, there is a precedent in Illinois for the use of taxpayer dollars for a Presidential Library and Museum."
"Well, I'd prefer not to debate that. I think you and I are on the record about this. But my real question is this, in the… in the fairness here since we've got comity, not comedy, but comity apparently going on, I think it's a good idea if you would amend your Bill and give the voter the option of saying, I'd like to participate or I'd like the State of Illinois to tax billionaires at a different rate, or… or I would prefer if we tax billionaires to leave the State of Illinois. And you mentioned this, and I think it's a good comment, for Indiana, Wisconsin, or Iowa, all of whom are moving in a different direction that is more taxpayer- friendly. And that's just a suggestion. Of course, it's too 09800137.docx 29 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 late to file anything, but I think when we talk about broad- based carveouts for successful people, who can… would like to continue to be successful, and those people are your job creators who pay their fair share that we ought to also have an option on this referendum, nonbinding referendum, which says, and I think there's a number of already polls taken, that suggests the people aren't real happy in Illinois. I think we put this on a nonbinding referendum and find out if there's a sentiment to do things different. And if not, will we, or will they leave the State of Illinois. Not a good idea?"
"I'm at a… Mr. Kay, in light of your statements, I'm at a loss of words."
"And Speaker, since we're such good friends, I am too. Thank you very much."
"Representative Tracy."
"Thank you, Mr. Sponsor. Will the Speaker yield?"
"Speaker yields."
"Mr. Speaker, is your legislative intent that when you say 'income' is that net income or is it gross income?"
"Net."
"Do you think it's important that that be included and quantified?"
"This is only an advisory question."
"But isn't there a great deal of difference in someone's net income and someone's gross income?"
"The answer is yes."
"So, I think really, if you truly want a reflection and accurate intent of someone voting, I think that's going to be 09800137.docx 30 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 something they're going to be wanting quantified. I know a lot of my farmers in my district and small business owners use something called… they filed their taxes as a subchapter s. And while it may appear that they have a great deal of income, in fact, their net income is far less than their gross income."
"Representative, in Illinois we all file on net income, in Illinois. So, the standard practice in Illinois is net income. And so if someone is contemplating voting on this question and they reflect upon how they file their returns, why, their first thought will be, well, it's the way it is today when I file my returns, net income."
"Thank you."
"Mr. Mautino."
"Thank you. To the Bill. The Bill is asking both it's an advisory nonbinding referendum on a question that all the Bills that we've been discussing for the past few days and weeks about funding in general and options for funding. About 62 percent of the districts in the State of Illinois, that's all of the school districts, are already in a pretty difficult position where they're operating at deficit levels. Through reductions, through prorations, they have had to borrow, utilize their reserves. The Bill earlier today addressed but stopped short on what happens in 2060. So, as we look forward to the discussions and to put together a budget which will provide for the needs, this is just one more of the financial questions that we're going to have to deal with. Over the past few years, we have dealt with a lot of things in this Body that the General Assembly can be proud of, gubernatorial 09800137.docx 31 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 impeachment, we did all together. Ethics reforms, a Capital Bills $31 billion, work comp reform, Medicaid reform, unemployment reforms. New employee pension reform and basically, that's already paying off and we are seeing benefits from what new employee pension reform did, playing back into the financial situation of the state. Current employee pension reform, which has a possibility of $2.1 billion impacting future budgets. Paying… Now, because of those things, we paid down a lot of old bills. We were sitting at 9.9, we're now at about 4.6, using Mr. Harris's comments that could go down to potentially 2.2. Thirty-day payment cycle. We did all those things, which were very difficult, but they had repercussions. The cumulative budget cuts of 5.7 billion hit the schools. The consistent prorations have done that. And so we have to look towards revenues, we have to look towards financing, and this is just one of many moving parts that has yet to be decided. The savings and the work on pensions are sitting in the courts. And Arizona on theirs took two years to settle that question. So, the 2.1 billion in savings may again become a liability. The employee health care may hand us back an additional billion dollars in real pressures that we will have to as a Body, political or not, deal with. So, today we're talking about two very important things: Representative Crespo's Bill, which showed what the world may look like and potential discussions of revenue brought forward by Speaker Madigan which may address the 62 percent of the school districts in the State of Illinois who, as a result of us trying to get our House in order, have had to borrow, have had to cut programs. We are seeing a greater 09800137.docx 32 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 number of those school districts entering the category of financial watch list, which means we, as a state, take over and try to help them with their funding. Quite ironic. So, as we go forward, I see no problem. I do support this. I think it's part of a larger picture of addressing the problems facing the State of Illinois that we have done over the past four or five segments in the General Assembly. Things have gotten better. The rating agencies have said keep paying down your old bills, find a stable source of revenue, and we will upgrade you. They've held us stable. So, this is… this is one part and parcel of a much larger picture that we're going to have to settle. And I would encourage an 'aye' vote."
"Mr. Bost."
"Thank you, Mr. Speaker. To the Resolution… or to the Bill. Ladies and Gentlemen, I've listened quietly over here today and I've listened to people talk about how this is going to affect education. Well, folks, we've taxed the people of this state and we took a temporary tax, and from what I've seen, it really hasn't been invested that much in education. It's invested in social programs and expansion of… of programs that we can't monitor and can't control that continue to produce fraud, but yet, we want to take a nonbinding referendum and put on a ballot about a millionaire's tax. Here it's easy to beat up millionaires, I mean, you know, it is. And say, everybody, if you go to the coffee shop, you're probably going to get that. I'm going to ask for one more referendum that might come out here because I talk to a lot of people in the coffee shop and let me tell you, I have a deep respect for the Sponsor, but I think the people of my 09800137.docx 33 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 district and I think the people of the State of Illinois would love maybe a binding referendum to put term limits on the Speaker of the Illinois House."
"Speaker Madigan to close."
"I think the Gentleman gave us the perfect closing. Let's go to Roll Call."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 64 voting 'yes', 46 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Members, we're moving to page 7 of the Calendar, under the Order of Senate Bills-Third Reading. The first Bill on this Order is Senate Bill 3109, Representative Pihos. Please read the Bill."
"Senate Bill 3109, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Representative Pihos."
"Thank you, Mr. Speaker, and Members of the House. Senate Bill 3109 was brought forward by the Illinois Optometric Association. The Illinois Optometric Practice Act currently permits doctors of optometry to prescribe a combination of drugs under Schedule III of federal regulations restricted to quantities to treat patients up to 72 hours. However, federal regulations are in the process of moving these drugs from Schedule III to Schedule II drugs. So, the… we are being proactive in anticipation of this move and this legislation will only take effect upon the action of the Federal 09800137.docx 34 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 Government to reclassify the drugs. And I'll be happy to answer any questions."
"Representative Kosel."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Is this your last Bill?"
"Well, I wish it weren't, but I believe it might be."
"Well, I… you, as always, have done an admiral job of presenting it."
"Thank you."
"Mr. Fortner."
"Thank you, Speaker. To the Sponsor. As she indicated, this is probably her last Bill. I have been honored to be her seatmate or near seatmate in my years of service here and I want to take this opportunity to thank her for her guidance, her leadership, particularly on education issues where she has been such a stellar Member of this Body, bringing her knowledge, her enthusiasm, and her experience to help us craft always better legislation. I wish you all the best. Thank you."
"Representative Bellock."
"Thank you very much, Mr. Speaker. And I, too, would like to say something to Sandy. When Sandy first came in, she came into my office and she said she needed some help to learn about something. And for the first full year, Sandy was in my office every morning because she always wanted to learn what was going on down here. She, in turn, has become one of the best Representatives ever in the House. Her expertise on many things, but especially on education is unbelievable. And she 09800137.docx 35 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 will be missed more than anybody for every single time, within our caucus, if we needed a question on education or many other things, we would always be in Sandy's office. She is respected, her integrity, every single thing about Sandy Pihos is what every ideal Legislator would use as a model. Thank you."
"Representative Chapa LaVia."
"Thank you, Speaker. And I'd like to talk to the Sponsor too. Sandy, it's been a pleasure and honor to work with you. I have always found you to be fair and concise in the Education Committee. And your heels are going to be so large to fill. And I hope that we can find a suitable substitute, but I hope I can also call on you for help when you leave this place because you really… you're going to be extremely missed, like you won't believe, Hon. And I really adore you and I love you and all the best to your future."
"Representative Senger."
"Thank you, Mr. Speaker. Also like to make a comment to the Representative. Sandy, I sat next to you for two years and I cannot tell you how much you have helped me through this whole process in many, many ways. What I'd like to share also is your integrity is unbelievable and your constituents were very lucky to have you. I saw you fight for them and work with them and respect them in ways that you taught me to use along the way. So, again, you're going to be missed very much. You'll be my friend forever. Thank you."
"Mr. Davis." Davis, W.: "Thank you, Mr. Speaker. Let me just also share my sentiments as well. I know sometimes we get caught up in our 09800137.docx 36 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 ideological differences with various issues, but having served as the Appropriations Chair in K-12, it has truly been an honor to serve with Sandy. And what I've come to appreciate is that, with regard to most things as it relates to education funding is that she and I actually agree on a lot of those things. She appreciates the fact that there are schools in the State of Illinois that need the resource, that need additional resource, and she's always been a big proponent of making sure that those kinds of dollars were available so that schools could take advantage of it. And that's something that I certainly have appreciated in my time as Appropriations Chair. So, thank you very much, Sandy. I wish you the best."
"Representative Soto."
"Thank you, Speaker. Representative Pihos, I, too, want to stand up and thank you for all you've done. You have a big heart. We are going to miss you. And I just want to thank you for all you do because you really care about all children. You know what, it's been a… it's been a pleasure working with you. Thank you."
"Representative Scherer."
"Thank you, Mr. Speaker. Sandy, I just wanted to say thank you. I really appreciate your insight on how legislation and education work together. And you're one of the first people to help me through one of my first Bills on changing school age. And I appreciate all your support and help in that. And best of luck to you, or maybe another teaching career."
"Mr. Dunkin." 09800137.docx 37 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Thank you. Sandy… Representative Sandy Pihos, much to the sentiments of everyone else, I really appreciated you. What I did notice, Sandy, over the years, especially the last couple of years in Elementary & Secondary Education, you have become… or you became more democratic-like in your voting. So, I believe that was the true you when you were voting for excellent measures. So, you will be missed. Very reasonable and intelligent on the issues, especially in committee, and you'll always be in my heart. So, best of success."
"Representative Lily."
"Thank you, Mr. Speaker. This morning I rise to say thank you Representative Pihos for your leadership, your vision for our youth and our young people and our education. You're awesome leadership in our COWL, making sure all of us women are doing things for the women of the future. And your style, I now wear my wraps because you wore your wraps. I thank you, God bless you, and we will always be here for you. God bless you."
"Representative Sente."
"Thank you, Mr. Speaker. Representative Pihos, I, too, would like to echo some of the comments made this morning. I will miss so many of the female Legislators leaving on the other side of the aisle, and sorry to see so many of you missing. But you've become a true friend of mine. You are such a wonderful statesman. You handle yourself with such dignity and grace. And I just will miss you truly. And thank you for all you've done here for education, for all topics, and just how you conduct yourself. So, all the best to you in the future. And this Body will sorely miss you." 09800137.docx 38 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Representative Flowers."
"Thank you, Mr. Speaker. Representative Pihos, I, too, am going to miss you. I remember when you first came and I also remember the white dress. I was the First Lady because of you, thank you very much. And I know wherever you go it's going to be classy and everybody going to know that you have arrived because your entrance just have a way of letting everyone know. And as far as education is concerned, no, we didn't always agree on how we should fully fund education in the State of Illinois, but we always agree not to be disagreeable. Thank you very much, and I wish you well."
"Mr. Mautino."
"To the Sponsor. As Chair of the Audit Commission, I want to thank you also for your work throughout the years. You've been a valued Member, not only of the House, but of the Audit Commission. And as the last Bill I see that you're a… it says hydrocodone. I'm hoping that your retirement cake isn't actually made of that, that they have in the back. But you've done some great work here in the House and especially with the Audit Commission. So, thank you for your service."
"Representative Pihos to close."
"Well, with all of that, I thank all of you. It's been an honor and privilege and I ask for a 'yes' vote."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Poe. Mr. Poe. Please take the record. On this question, there are 111 voting 'yes', 1 voting 'no'. And this Bill, having received the 09800137.docx 39 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 Constitutional Majority, is hereby declared passed. Chair recognizes the Clerk."
"Introduction of Resolutions. House Resolution 1146, offered by Speaker Madigan."
"Representative Ives."
"Mr. Speaker, point of personal privilege."
"Please proceed."
"Memorial Day is a U.S. federal holiday where we remember the men and women who died while serving the United States Armed Forces. The holiday originated after the American Civil War to commemorate both Union and Confederate soldiers who died in that war. But by the 20th century, Memorial Day had been extended to honor all Americans who died while in the military service. In Wheaton, Memorial Day will be celebrated with a parade at 10:00 a.m., which ends at the Saint Michael's Cemetery with a ceremony to honor those who died in war. Participating in that ceremony will be volunteers from the Midwest Shelter for Homeless Veterans. The shelter has two homes dedicated to Wheaton soldiers who died in war. One home is named for Lance Corporal Nicholas Larson who was a Marine that lost his life in Anbar province, Iraq in 2004. The other home is named for Staff Sergeant Robbie Miller, a gentleman I personally knew, who received a Medal of Honor for his heroism in Afghanistan in 2008. In a 2010 ceremony awarding posthumously Staff Sergeant Miller the Medal of Honor, President Obama described his actions like this. Rob made a decision. He called for his team to fall back and then he did something extraordinary. Rob moved in the other direction toward the enemy, drawing their guns away from his team and 09800137.docx 40 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 bringing the fire of all those insurgents down upon himself. The fighting was ferocious. Rob seemed to disappear into clouds of dust and debris, but his team could hear him on the radio still calling out the enemy's position. And they could hear his weapon still firing as he provided cover for his men. And then over the radio, they heard his voice. He had been hit, but still he kept calling out enemy positions, still he kept firing, still he kept throwing his grenades. And then they heard it, Rob's weapon fell silent. I find Memorial Day a very moving and important holiday. I and others in this Body wish to be in ceremonies that commemorate the fallen soldiers of our communities, fallen soldiers like Staff Sergeant Robbie Miller of Wheaton, a Medal of Honor winner. I filed HR1130 with bipartisan support to ask that we not have Session on Memorial Day out of respect for our nation's forces who have died in war. This Resolution is still in Rules Committee. If not this year, for years going forward, I believe we should honor the holiday as originally intended by participating in ceremonies that honor our fallen soldiers. And I ask all of those in this Body today to help me in that endeavor. Thank you."
"Mr. Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. Point of personal privilege."
"Proceed, Sir." Mitchell, C.: "I talk often about the person who's been most important in my life, and I am fortunate that she has joined me here today. So, I'd like everyone to give a warm 09800137.docx 41 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 Springfield welcome to my hero, the love of my life, my mother, Debbie."
"Welcome to the House Floor. Mr. Morrison."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed."
"I know it's… it's Friday, we're all looking forward to weekend back at home, but I'm just sorry, very sorry that there was not more respect in this chamber for Representative Ives' comments. You know, we would not even be here to exercise our form of government if it wasn't for those soldiers who gave the ultimate sacrifice. And I think… I think we all need to remember that. Representative Ives' comments about the soldier who lost his life was very moving. There were all kinds of conversations going, very few were actually listening. When we go home this weekend, I hope that we will truly reflect upon the freedoms that have been so hardily fought for. And I just… I would like to be added as a cosponsor, if I'm not already, on that Resolution. And please, in the future, perhaps we could be back in our districts with those living soldiers and those other Americans that want to remember that day and recognize its importance. Thank you."
"Mr. Bost."
"Thank you, Mr. Speaker. On a point of personal privilege."
"Proceed, Sir."
"Kind of continuing with that theme. It has been a long tradition of the State of Illinois to honor our fallen soldiers. Matter of fact, you know, and maybe people don't understand this, but the first Memorial Day was actually in Carbondale, Illinois. And the person who called for it to 09800137.docx 42 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 come to pass was a person who's mentioned in our State Song, General John. A. Logan. General John A. Logan, just so you know, 100 years ago this year, was honored in the City of Murphysboro, which was his home farm that was divided and subdivided to make that city, my hometown. And 100 years ago to… this week, about 8 thousand soldiers, citizen soldiers, throughout the United States came to Murphysboro to honor John Logan for his service. But not only for his services as a public servant, but also for all that he did in remembering those who have fought for our freedom. So, I agree and support, and already a cosponsor of Representative Ives' Resolution, but we, the State of Illinois, have a long and rich tradition and I believe that we should keep that up and make sure that that day is honored. That day is a very, very special day because we can't say thank you enough for what they've done."
"Representative Osmond."
"Thank you, Mr. Speaker. I, too, would like to ask for a moment of silence for all those who have given their lives so that we can be here today. Thank you."
"Thank you, Representative. Mr. Costello."
"Thank you, Mr. Speaker. First of all, I would like to thank Representative Ives for bringing this Resolution. As a Democrat, I want to say that there is absolutely bipartisan, some bipartisan support for this Resolution. I lost my best friend, the godfather to my children. He gave his life for our country in Afghanistan, and I think it's extremely, extremely important that we all remember the men and women 09800137.docx 43 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 who have made the ultimate, ultimate sacrifice in order for us to have the form of government that we do."
"Thank you, Members. We're going to… please take your seats. We're going to continue to move down the Calendar. Senate Bill 3228, Representative Williams. Please read the Bill."
"Senate Bill 3228, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"Representative Williams."
"Thank you, Mr. Speaker. This Bill simply updates and simplifies the standard power of attorney form that is utilized in hospitals and clinics. It is an agreed Bill and it does also provide for utilization of a nontraditional form, if you should prefer. So, again, we're just updating the power of attorney statute and I'd ask for an 'aye' vote."
"Those in favor of the Lady's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3283, Representative Feigenholtz. Please read the Bill."
"Senate Bill 3283, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"Leader Feigenholtz."
"Thank you, Mr. Speaker. Senate Bill 3283 clarifies that a child shall not be removed from a fictive kin simply because the fictive kin failed to apply for a license. I'm glad to answer any questions." 09800137.docx 44 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"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? Have all voted who wish? Cross, Evans. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3309, Mr. Walsh. Please read the Bill."
"Senate Bill 3309, a Bill for an Act concerning public employee benefits. Third Reading of this Senate Bill."
"Mr. Walsh."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. Senate Bill 3309 establishes provisions for the correction of miscalculated benefits for the General Assembly Retirement System, State Employees' Retirement System, and the Judges' Retirement System, Downstate Police Retirement Funds, and Downstate Fire Retirement… Retirement Funds. It also adds clarification. The benefits calculated that need to be corrected before or after the annuitant re… starts receiving the benefits that that can take place. I'd be happy to answer any questions. Would ask for 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? Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3364, Mr. Reboletti. Please read the Bill." 09800137.docx 45 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Senate Bill 3364, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Mr. Reboletti."
"Thank you, Mr. Speaker. We… we had a great deal of debate on this and because the fact is, that the time is short, for those who were concerned about the portion of the state's attorney being a signatory on the document, I would offer that I will be prepared to file a trailer Bill to take the state's attorney out and to simply, once the judge has sentenced somebody to impact incarceration boot camp, for lack of a better term, in Cook County only, that if there was an error on the minimus, which is the sentencing document, that the sheriff could then explain to the court, or not sign off and explain to the court that that would be the legal sentence to which he could not incarcerate that individual for that particular program and put parameters in as to how quickly the defendant would be brought back to court for an appropriate resentencing. So, I would hope with that understanding, and I will have something on file for that purpose for November, that I would ask for your support."
"Representative Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields." Davis, M.: "Representative Reboletti, did you know that the sheriff currently has the duty to review those sent to boot camp, and if he finds a problem, that he should submit that problem to the judge. He already has that ability. Did you know that?"
"That's not my understanding, Representative…" 09800137.docx 46 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 Davis, M.: "But it is the fact. But it is the fact. It is the fact."
"Representative, you can continue to tell me it's a fact." Davis, M.: "So, I don't have a…"
"And you and I will agree to disagree on that point." Davis, M.: "To the Bill. To the Bill, Mr. Speaker. I have no problem at all with the current law that allows the sheriff to review those being sent to boot camp. The law currently exists. We can look it up. But I do object to the state's attorney having a part in that decision. And the reason I object to it is because the state's attorney just prosecuted you and maybe to her and her group, you are the worst person in the world. Maybe to her and her group, you do not deserve to go to the job… the boot camp. So, I don't think that her role even fits into this decision. The judge has discretion. The judge has heard the case, and the judge has made a decision. Now the judge, an error can occur, which has happened. One error has occurred and because the process currently works, the sheriff caught it. The sheriff had the responsibility to review the record of those being sent to boot camp. And it worked. He did it. And he stopped it. But to add the prosecutor in this process, to me, is just… it's just ridiculous almost, totally ridiculous. The prosecutor prosecutes. They're not looking for any cushion for anybody. I've never heard a prosecutor… I have never heard a prosecutor say, judge, please be soft on this person who just robbed these people. Judge don't give him the four years he deserves. Never heard them. Usually the judge uses his discretion based 09800137.docx 47 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 upon the knowledge he has, the testimony that's given. But to give the authority for the punishment to the state's attorney is in error. And rather than promising to change it later, let's take the Bill out of the record. Let's go back to committee, as I always have to do. Let's take the Bill back to the committee. Let us hear your proposal and pass it out of committee. That's the way the process works. I urge a 'no' vote. Thank you."
"Mr. Ford."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Reboletti, I just have a few questions about this proposal. Would you say that it's probably cheaper to send people to boot camp versus sending them to a state prison?"
"I'm not exactly sure what the cost of IDOC boot camp is versus Cook County. But what I would agree with you is that it's cheaper to have alternative programing that is successful when it's meant for nonviolent offenders. This program is not meant for violent offenders. So, I don't have an objection to nonviolent offenders in the program. What I object to is violent offenders being in the program."
"I think that we should amend the Bill to include more offenses in this program. That would probably be the best approach because we know that intervention programs tend to serve the state better because we reform individuals that go to programs like this and we reduce the chance of them becoming hardened criminals. So, I would vote for your Bill 09800137.docx 48 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 if you amend it to include other offenses and not take away the program as it stands."
"Well, Representative, I'm not sure of what offenses you would like to be… to have added to the Criminal Code. I know that the list for the participation is most of the nonviolent offenses already."
“Well… yeah, I think…"
"So, without… without knowing what your suggestion is, I don't think I can just take it out of the record and then make the Amendment. I would be more than glad to give it full consideration for the trailer Bill, as I have suggested, with respect of some of the concerns of the previous speaker of removing the state's attorney out of the equation, just to make sure that if it's a valid sentence that that individual can be held on."
"So, when we look at class… which offenses are you mostly worried about? Only violent offenses, such as?"
"Well, boot camp has always been reserved for nonviolent offenders. Most of the people, that when I sentenced or I referred or suggested sentencing for some drug dealers, younger ones for boot camp, that's what we were discussing and suggesting. There are individuals, and I won't read the entire Sun-Times article, but over 300 people that were violent offenders made it to the program. What happens then is those violent offenders' success rates in the program are poor because their recidivism rates are high, which makes the program look like a failure. The program has been traditionally successful because it adds structure to people in a 4- to 5-month program that have not had much structure 09800137.docx 49 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 and allows them the opportunity to not spend a number of years in prison, but to hopefully turn their life around in a shorter period of time. So, when you talk about armed robbery, and you talk about kidnapping, murder, all those other things that are of course violent, we don't want those in. The cases such as retail theft or burglary, possession of a stolen motor vehicle, I think that was the intention of this Body years ago was to give those individuals a chance knowing that their likelihood for success would be higher if they had this opportunity."
"So, a possession of a… of a illegal weapon, like a gun. Is that a violent offense under the law?"
"That would be considered as such, yes."
"And so, I think that sometimes if a person has one offense and they're caught with a weapon, they probably should be remanded to a program like this and not precluded from going to a program like boot camp, because once they go into the Department of Corrections, I know there's some people here that want to do a three-year mandatory sentencing Bill, those people should go to boot camp. And your Bill will saying that you absolutely stand against it, and that's why I can't support it. One thing that I do like about your rationale is that we want to make sure that we only put… we want to divert people from the criminal justice system that's in state prisons to programs like this so that we can have more room for hardened criminals in those. And that's why I like your Bill, in a way, but it's not ready because you're not including and you're excluding people." 09800137.docx 50 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Well, I appreciate your comments as always, Representative. I would submit to you that if an individual is being held there is in the program for armed robbery, he's taking a bed away from somebody else who could be in the program as a nonviolent offender, and that individual would have to wait."
"But is it just being caught with a weapon, is that considered armed robbery?"
"That's not, no. that's unlawful use of a weapon…"
"Right."
"…depending on the circumstances."
"Right. Thank you, Representative."
"Thank you."
"Mr. Bost."
"Thank you, Mr. Speaker. I'm sorry to interrupt the debate, but if you could excuse Representative Cross for the rest of the day, please."
"The record will reflect that. Mr. Dunkin."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, according to my analysis, it says this is a Member initiative in response to news reports of judges, particularly in Cook County, sentencing violent offenders to impact incarceration program. Do you represent any of Cook County?"
"I do, Representative. And actually that's been brought up before by somebody who opined in an editorial that I did not represent Cook County. But I represent suburban Cook County." 09800137.docx 51 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"What portion of Cook County compared to me?"
"I have a portion of Bartlett that is in…"
"What's the overall percentage?"
"It's a small percentage, Representative. But the bigger question is I also represent the people of the State of Illinois, as do you."
"So, but… you're… the majority of your district is… your county is DuPage County?"
"That's correct, Representative."
"Probably about more than 90 percent is your… is DuPage County, correct?"
"I think that would be fair to say."
"What is… what is Senator Bill Brady's district 'cause he was the Chief Sponsor in the Senate? What's the predominate district… county district that he represents? Is it Cook County at all?
"Well, Representative, I don't believe he has any of Cook County."
"So, he has zero Cook County, you have a small portion of Cook County. Why does this Bill only refer to Cook County?"
"Well, Representative, I'm sure that my tax dollars also go to Cook County. But I… it doesn't matter if I represent five people in Cook County or one person, they are no different than the people of DuPage."
"So, let's include DuPage County; let's include all these southern counties and Bloomington where Senator William Brady represents. I'm… I'm a little perplexed here. Yes, we make laws that impact every county, all 102 counties. But you have a Bill, sponsored by someone who does not represent Cook 09800137.docx 52 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 County, you represent a small fraction of Cook County, just a small fraction, and yet you have a Bill specifically directed towards Cook County."
"Representative…"
"It's because you read an article?"
"Representative, how 'bout I read you the article as to the tragic conclusion…"
"I don't want to hear it. You don't need to read it."
"No, here, I'll answer your… I'll answer your question, Representative. Because 101 other counties don't have a boot camp…"
"So…"
"…they send those people sentenced to boot camp to the IDOC boot camp. About 20 years or so ago, this Body thought that Cook County should have… they wanted to have their own boot camp, so that Bill was passed giving them that opportunity. I'll be more than glad to debate the merits of the Cook County's success rate versus how IDOC handles it. But the problem still remains, Representative, that this county is treated differently by the Code. They operate their own boot camp. And when you have over 300 individuals who are sentenced to boot camp that are not supposed to be there, that isn't some small problem, that isn't only a Cook County problem…"
"Representative…"
"…and so, myself and the Senate Sponsor were merely seeking to make sure that the program work." 09800137.docx 53 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Representative, I can appreciate your sense of prosecutorial law enforcement here in this state, but you don't represent Cook County. The…"
"I do, Representative."
"No, you represent 90 percent of opposite of Cook County, DuPage County. Now, let me speak to the… the merits of the Bill that you're highlighting. Right now for some reason, you have exclusionary legislation of an area that you really, really don't represent, by and large, but…"
"I would tell you that the people that live in that portion of the county…
"Let me finish, Representative. Representative…"
"…would take umbrage with that, Representative."
"…can I… can I finish? Now Cook County, as you know, is a very unique county. As a matter of fact, the lion's share of the Legislators in the House and Senate do represent a good portion of Cook County, so…"
"That's called gerrymandering, Representative."
"Well, I didn't draw the map, neither did you."
"You voted for it."
"So, what I'm simply saying with this… Let me ask a better question of you. Did the Cook County State's Attorneys Office ask you to present this legislation?"
"The answer is no."
"Did the Cook County Sheriff ask you to represent or introduce this legislation?"
"The answer is no."
"Did the Cook County Board President ask you to introduce this legislation?" 09800137.docx 54 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"The answer is no."
"Then my question is pretty straightforward and simple, Representative. Why are you representing Cook County Sheriff, Cook County State's Attorney, the Cook County itself, and you only represent a fraction of it? And they didn't sign off on this. How do you expect this legislation to even have a… a modicum of understanding or implementation if neither one of these individuals, leaders, who are, by the way, each and every one of those people, the state's attorney, the sheriff, the County Board President, they're elected by the people. But none of them asked you to introduce this legislation. Why is that, Representative?"
"Representative, it's interesting that you've asked, but I guess, Representative, when you tell me to vote for what I can vote for, for what my vote is only applicable for, I'll ask you and I'll raise my hand and say, Representative Dunkin, is it okay if I vote on this particular piece of legislation. Representative, I do represent Cook County. It doesn't matter how many people are there. That's like saying that if I only represent a portion of Adison, then I really don't represent Adison. That's unfair, Representative."
"Representative, you're more… you're intelligent…"
"The other people…"
"…you're smarter than this. Now… now, listen, don't play us in here as… as for fools. As if we don't know what's going on here. If none of those individuals ask you, you're an intelligent man, and you know I know that, right? You know, I know that you're smarter than what you are articulating."
"Representative…" 09800137.docx 55 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"So, my question to you is, if the Cook County Sheriff, if the Cook County Board President, if the Cook County State's Attorneys Office did not ask you to present this, or you have no clue of how it's going to be administered, why are you introducing this legislation?"
"Representative, when 342 people who are sentenced to boot camp aren't supposed to be there, then there's a problem. And it's upon us that we must address it. And the fact of the matter is that if I don't represent enough of Cook County, I guess, that is for you to decide on the merits of the legislation based off of that. But…"
"Representative, this is the weakest argument I've ever heard you say or try to conduct on this floor."
"Mr. Dunkin, could you bring your remarks to a close, Sir."
"That's fine."
"To the Bill, Repre… Ladies and Gentlemen. I think it's… he answered all the questions very succinctly. No elected official, none, asked this Member to introduce this legislation impacting a, for the most part, very successful program. You may get one or two, maybe 10 percent of deviation of recidivism, but by and large, the program exists successfully for a reason. And so, it… according to my analysis because there was an article in the newspaper because some… some low-life criminal went in and shot up a group of other young, wonderful people, the Representative took it… took it upon himself to say, I know what's best for Cook County overall. I don't have to talk to a state's attorney. I don't have to talk to the Cook County Sheriff. I don't have 09800137.docx 56 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 to talk to the Cook County Board President or probably any other commissioner or any other elected official there. As a matter of fact, us as Cook County Legislators went and talked with you yesterday and asked you to take it out of the record. But no. The arrogance of my good friend, and one of the best debaters on this floor, simply cannot honestly and respectfully answer why in the hell it is that he's introducing something on his own volition because he feels a certain way 'cause he thinks it should… it should do this or it's not doing that. Because he feels as if, I guess, all those elected officials are not even remotely competent enough to rectify or correct or right size a boot camp program. How dare any one of us, in this chamber, be smarter than most of the people who represent the largest… one of the largest counties in this country, introduce legislation with no validation or no communication or approval for… of that elected Body. I would encourage a strong 'hell no' vote."
"Mr. Thapedi."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Dennis, I want to understand the actual process because I do appreciate the fact that you've indicated that you're going to be filing a trailer Bill to resolve some of the… the issues that have been brought forth this afternoon. And I trust that you will do that. You've been a man of your word the entire time that I've worked with you. I would like to know, however, what is the process? How exactly will this work? Give me a good, hypothetical situation. And the reason why I ask that, Dennis, is because, and looking at the actual 09800137.docx 57 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 language in the existing statute, there seems to be, in Section (c), several factors that must be met before an individual would be… would be eligible to participate in the program. And the last factor appears to be actually signing off by the sheriff, in and of itself. So, what's the difference between subsection 7 and what you propose, as far as the sheriff involvement?"
"My understanding, Representative, is that, at least additionally, and I don't know the sheriff's position now, but that the sheriff felt, or their interpretation was, that if a sentence was not a legal sentence, that they had no opportunity to object to the incarceration."
"Okay. Well, that's not the way that I'm reading it. And again, I'm going to defer to you because you're a prosecutor, and as you know, I'm a civil lawyer so I don't do this… this type of work, but looking at subsection 7, it says the person was recommended and approved for placement in the County Impact Incarceration Program by the sheriff and consented in writing to participation in the County Impact Program, et cetera, et cetera, et cetera. Then it talks about things that the sheriff must consider or may consider in ascertaining whether or not the individual is eligible to participate. So, it seems to me that the existing statute already has some kind of sheriff involvement in the first place. And that's why I want to make sure that I understand, from a legislative intent perspective, why are you including the sheriff again in the new portion?"
"Representative, because we wanted to make sure that there was an objection process so that, if the sheriff did 09800137.docx 58 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 not sign off, that the order would be brought back to the judge's attention to indicate that there was a problem. And I… and I…"
"But do you… you see subsection 7, correct?"
"And I agree with you, Representative."
"And you agree that it appears that the sheriff has to already agree anyway. And if the sheriff doesn't agree, consistent with subsection 7, the individual wouldn't be eligible for participation in the program anyway, correct?"
"Correct."
"So…"
"Representative, I would feel that this would be a secondary opportunity to make sure that the sentence is correct. So, that's what the perception was, at least from Senator Brady. And then, I think I'm in agreement with that, that if they sign off then each one indicates that that's a correct sentence, as we do in DOC."
"Okay. Well, I think that we have an inconsistency there. The state's attorney, what is the logic for including the state's attorney because, again, I wasn't here at the time that the law was first enacted creating the actual program. But at the time, and I don't know if you were here either, but what was the reason for why the state's attorney wasn't included at that time? 'Cause it would make sense to me, that consistent with subsection 7, that if there's a very detailed protocol for what the sheriff should do in ascertaining whether or not an individual is eligible to participate in the program, that same line of argument, that same detail would have been included at the time with respect to the 09800137.docx 59 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 state's attorney. So, why are we now including the state's attorney in the process, especially considering that the state's attorney is an advocate? And we talked about this when you first brought the Bill. There were several Members of the Black Caucus that were right over here, and we were having a conversation. And I didn't understand then, and I don’t understand now why the state's attorney has to be involved in the process."
"And that's why I was taking the state's attorney out, Representative, that they in my… and I just figured that they objected on the record that the sentence was not a legal sentence. However, that's why I'm taking them out because that way, we're just dealing with what the judge said, and then the person who is charged with incarcerating them."
"Okay. I think we're getting there then, Representative. So, essentially the trailer Bill that you're proposing is going to remove the state's attorney from the process. Is that accurate?"
"That's accurate, Representative."
"All right. And then the portion about where the sheriff is actually involved in the process is essentially duplicative because the sheriff is already involved in the process under current law. Is that accurate?"
"That's correct, Representative. It would be my intention that when the individual is delivered back to the County Jail, the sheriff would sign off on that order and indicate that that is a legal sentence also pursuant to statute. And that would be it." 09800137.docx 60 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Okay. So, essentially then, the only individual that's going to be signing off on the defendant's eligibility to participate in the program, would be the sentencing judge, him or herself. Is that accurate?"
"That's correct, since we're not going to disturb the judge's sentence if it's valid."
"So, then why do we need this Bill?"
"Because unfortunately 342 individuals made it into the program that were ineligible."
"Okay. So, if… work with me on this. The sheriff is a prerequisite for deciding whether or not someone is eligible to participate in the program in the first place. So, that's not going to change. Under the trailer Bill, the state's attorney is going to be removed from the process. So, again, that's not relevant. So then we're left again with the sentencing judge. Nothing is going to change by passing this Bill along with the trailer Bill. Would you not agree with me?"
"Representative, and I'm looking here in an article in the Sun-Times…"
"No, no, no. Dennis, let's focus in on the letter and the spirit of the language in the Bill."
"I am, Representative. And if you would give me a little bit of leeway."
"Sure, sure."
"That in this article, and I'm trying to find the date here, Representative, November 21 of last year. When the Sun- Times interviewed the sheriff's office, that the response was… bear with me, Representative." 09800137.docx 61 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Absolutely. Dennis, do you want to take it out of the record and let's talk a little bit more?"
"Representative, I will, but I would like to make a comment first."
"Sure."
"Not to you, but to the previous speaker. I… you know what, I've had the pleasure of serving in this Body for almost 8 years and when I file a piece of legislation, it's not out of arrogance. It's not punitive. And that I… if I see an issue in our process, especially in the criminal justice process, that needs to be righted, I feel that at least I have an obligation to try to change things. And if I don't represent enough of Cook County for one of the previous speakers, I guess that's fine. But on behalf of those individuals in Cook County, they are no different than anybody else in suburban Cook County that I represent or suburban DuPage County. And the process here is supposed to work because each one of us gets to vote on legislation that impacts 12 and a half million people. And because a specific entity from Cook County did not approach me, should not make the ultimate decision in if the legislation is necessary or not. But to Representative Thapedi's point, let me give you the quote, Representative, on the record from the sheriff's office. It said, but the sheriff's office isn't ready to challenge judges' sentences. Cara Smith, chief policy advisor for Cook County Sheriff Tom Dart, said she didn't feel Dart's role is to screen inmates for whether they… in his role is to screen inmates whether they are mentally and physically fit for boot camp. 'The sheriff's office is at a disadvantage because we are not in 09800137.docx 62 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 court. We believe the judges and the state's attorney will look more closely at the eligibility of them being there.' And so that's where we're at, Representative. And I appreciate your questions. And then I will take the Bill out of the record, Mr. Speaker."
"Thank you, Mr. Reboletti. Mr. Clerk, please remove the Bill from the record and make the electrician clear the board. Senate Bill 3387… excuse me. Representative Flowers is recognized. Representative Flowers, were you going to speak on the last Bill?"
"Yes, but since he's taking it out of the record it's okay."
Speaker Lang: "Thank you very much. Senate Bill 3387, Representative Kifowit. Please read the Bill."
"Senate Bill 3387, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"Representative Kifowit."
"Thank you, Mr. Speaker and Members of the House. This Bill reorganizes the Fox Valley Park District. Right now it was one of the few park districts that are appointed. And what this Bill does is change it from an appointed board to an elected board so that the voters have the right to vote on those who are representing them."
"Lady moves for the passage of the Bill. Those in favor of the Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Fine, Hatcher. Mr. Clerk, please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional 09800137.docx 63 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 Majority, is hereby declared passed. Senate Bill 3412, Representative Will Davis. Please read the Bill."
"Senate Bill 3412, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Mr. Davis." Davis, W.: "Thank you very much, Mr. Speaker. Senate Bill 3412 is an initiative of the Illinois State Board of Education. The proposal does repeal the current Section of the School Code regarding student assessments and rewrites those provisions in a new Section that allows for a new assessment that will be in line with the Illinois learning standards that were updated in 2010. I'll be more than happy to answer any questions."
"Mr. Pritchard."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, what this is doing is updating our current Codes which specify a test that no longer exists. Is that correct?" Davis, W.: "Correct."
"Does it specify what kind of test our schools will have to administer?" Davis, W.: "No, it does not."
"So that would be left up to whom?" Davis, W.: "Well, ultimately, it will be left up to the State Board of Education as we look at the assessment… as we have moved the assessment conversation moving forward, it'll be solely up to that board to determine what the assessment tool will be." 09800137.docx 64 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"And as you indicated, what we're trying to do here is have a test that reflects our current learning standards?" Davis, W.: "Yes, Sir."
"And do we have any information about how… how many of our schools are adopting these learning standards?" Davis, W.: "I believe… I believe all the schools have adopted the learning stan… I didn't know… Well, first of all, I guess I would say I don't… I didn't realize it was up to the individual school. I thought it was up to the state board to adopt a learning standard that have already been adopted. And that is what the schools will then abide by."
"So that… my terminology should have been, how many school districts are implementing our new state standards?" Davis, W.: "Unfortunately, if… if it's up to the schools to implement and if there is a process to do so, I don't know the answer to that question."
"Okay. I think that's one area that we need to take a closer look at because there are, as I am told, a lot of districts that are very slow in implementing those new standards, which presents some problems. Is there anything in this Bill that deals with the electronic testing that would be done to assess learning standards?" Davis, W.: "I don't believe so, Sir."
"Well, thank you. And Ladies and Gentlemen, to this legislation. It is something we should do to update our rules that specify a test that no longer exists. And I would ask for your support."
"Representative Willis."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 09800137.docx 65 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Sponsor yields."
"As I'm reading this, is this correct that this will prevent us from having to come back to revisit this every couple of years as new tests develop because we've named the test in statute?" Davis, W.: "Correct."
"Okay. So, this is not saying, we're not testing our students. It's saying we're leaving it to the State School Board to come up with what testing mechanisms they feel are best to make sure our students are making standards, correct?" Davis, W.: "Well, certainly that is… you're absolutely correct. That is their responsibility. This is, sometimes we call, a cleanup language or you know, technical changes where we're taking a name out and leaving it open so that, as new assessments come on line down the road, then we won't have to go back and change the statute to align with whatever that new test may be."
"So in other words, this is something that really is a great thing, and something we should have had many years ago and I commend you for bringing this forward. I urge the Body to vote 'aye' on this. Thank you." Davis, W.: "Thank you."
"Mr. Kay."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, my analysis here has a parenthesis talking about this test and then common core standards. What's the nexus?" Davis, W.: "What's the nexus between…" 09800137.docx 66 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Yeah. How are they connected?" Davis, W.: "Well, you said, 'this test'. To my knowledge, the legislation is taking the name of a test out."
"And the name of the test is the Prairie State Test?" Davis, W.: "I believe that was… an ISAT, Prairie State, I believe that's what it was called."
"Okay. And is it replacing it with anything?" Davis, W.: "Is what replacing it?"
"When you take out…" Davis, W.: "The language does not replace that test with any one."
"Just… just taking it out. Is that correct?" Davis, W.: "Just taking the name out. Yes, Sir."
"Is the ultimate goal here to move to a PARCC test for the State of Illinois?" Davis, W.: "Well, the language is not trying to use the name of any particular test. Obviously, that's a decision of the State Board of Education and we've had a lot of conversation about the test that you just named, but this particular piece of legislation is not trying to encourage any particular testing mechanism for that purpose."
"Okay. So, really, you're… what you're doing here is just removing a test and tell me why you're doing that?" Davis, W.: "Well, like I said, I characterize it kind of as cleanup language. So if a test is named in statute and eventually that test changes, then you'll have to come back and change the statute and replace it with the name of another test."
"Okay." 09800137.docx 67 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 Davis, W.: "So then, this is just… makes it open so that you don’t have to come back and change the statute every time that happens."
"Okay. Thank you, Representative."
"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? Cabello, Hatcher. Please record yourselves. Mr. Clerk, please take the record. On this question, there are 95 voting 'yes', 15 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3414, Mr. Harris. Please read the Bill."
"Senate Bill 3414, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Mr. Harris." Harris, G.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is an initiative of the Illinois Department of Public Health. It allows us to conform our education and licensing standards for emergency service personnel with the new national standards. And it allows implementation of rules to facilitate workers coming in from other states to help us in case of disaster or emergency. I would request an 'aye' vote."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Dunkin. Please take the record. On this question, there are 110 voting 'yes', 0 voting 'no'. And this Bill, having received the 09800137.docx 68 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 Constitutional Majority, is hereby declared passed. Chair recognizes Mr. Cabello."
"Thank you, Mr. Chairman. I rise for a point of personal privilege."
"Please proceed."
"I would like to be recorded on SB3412 as a 'no' vote."
Speaker Lang: "The record will reflect your intentions. Representative Osmond."
"Thank you, Mr. Speaker. I would like the General Assembly to meet the better part of my family, my three grandchildren, Emma, Grace, and Faith. They're all our Pages today. Thank you."
Speaker Lang: "Hello, welcome. Senate Bill 3421, Leader Feigenholtz. Please read the Bill."
"Senate Bill 3421, a Bill for an Act concerning children. Third Reading of this Senate Bill."
"Representative Feigenholtz."
"Thank you, Mr. Speaker. Senate Bill 3421 provides that a professional licensed by the Department of Financial and Professional Regulation and who is a mandated reporter under the Abused and Neglected Child Reporting Act will receive continuing education credit when they complete the training to recogniles… recognize child abuse, which is offered by DCFS. I'm glad 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? Evans. Please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the 09800137.docx 69 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 Constitutional Majority, is hereby declared passed. Senate Bill 3427, Representative Gordon-Booth. Please read the Bill."
"Senate Bill 3427, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"Representative Gordon-Booth."
"Thank you, Mr. Speaker. Senate Bill 3427 is an initiative of the AFL-CIO. It would require competitive bidding for contracts and supplies, materials or work involving expenditures over $20 thousand. This piece of legislation exempts contracts for emergency expenditures from the competitive bidding requirement. It requires a three- fourths vote from the board to approve that. This is an important component to this legislation because it allows for a district to make an immediate purchase, when failing to do so, would cost in greater costs of the competitive bidding process. This piece of legislation came out of the Senate unanimously, as well as it did State Government. I am open for any questions. I ask for your 'aye' vote."
"Those in favor of the Lady's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Burke, Thapedi. Please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Now we come to the order of Burke. First one is Senate Bill 3433. Mr. Clerk, please read the Bill." 09800137.docx 70 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Senate Bill 3433, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
"Representative Burke." Burke, K.: "Thank you, Mr. Speaker. Senate Bill 3433 requires boating education for those born after January 1, 1990, who wish to operate a motorboat with over 10 horsepower. It is… will not take effect until January 1, 2016. And there are various exemptions for people in certain situations. It is supported by many boating advocates, as well as Lake County, IDNR, the City of Chicago, and law enforcement. And I ask for an 'aye' vote."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, this would amend the Boat Registration Safety Act by requiring any person wishing to operate a motorboat with over 10 horsepower to obtain a valid boating safety certificate. Does that apply to any age group or is it for any person?" Burke, K.: "It is phased in. And so, when it takes effect it will apply to anyone born after January 1, 1990. So, folks 20… they'll be 26 and younger."
"Why did we choose 26?" Burke, K.: "We chose a phased in. We just chose a… an age where a lot of people boat, and the accident statistics show that most accidents occur with younger people. As people get older, they either become safer or boat less. And so we thought that this would be a good place to start." 09800137.docx 71 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"So, if you're over 26, you don't have to get any… any training whatsoever." Burke, K.: "That's correct."
"Okay. And is the provision in this Bill or is it in the present law that no person under 10 years of age may operate a watercraft?" Burke, K.: "I believe that's current law."
"Is that motorized watercraft or any watercraft?" Burke, K.: "With horse… over horse… I believe it's…"
"Over 10 horse…" Burke, K.: "…a motorboat with over 10 horsepower."
"Okay. I want… I…" Burke, K.: "So, canoes, kayaks."
"Yeah. I want kids to be able to canoe and kayak or to sail a boat." Burke, K.: "Right. It's motorized we're talking about."
"Okay. How… I'm just wondering how we compare to other states because it's a big industry. I mean, my… my concern is, there's a lot of money to be made on the water for our… for our vendors. And I want to make sure that we're not a lot higher restricted… restrictions than say Wisconsin where people… they can choose to spend their tourist dollars in Wisconsin or in Illinois." Burke, K.: "I believe it's about 14 other states have boater education requirements. And this Bill also provides an exception for licensed livery that may offer an abbreviated… you know, folks who are going to do rentals. They can take an abbreviated course if they're just going… being there for the purposes of the rental." 09800137.docx 72 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Okay. So, like you can… When you say an abbreviated course, is that something…" Burke, K.: "It's something that the rental place would… would offer as opposed to the more complete online training that D… that's on the DNR website or that's offered through some of the boater exam companies."
"Well, that's good to know. I was concerned about that 'cause if you're over 21 or 18, you have a driver's license and you want to go rent a boat, I understand they got to show you how to run it, but I just… I want to make sure that we're not so restrictive that we're not allowing people to rent boats." Burke, K.: "No, and when they were working on it in the Senate, they definitely took that into account and tried to accommodate the rental industry."
"Okay. Thank you."
"Mr. Mautino."
"Will the Sponsor yield?"
"Sponsor yields."
"This is the first time I had a chance to take a look at the… the Bill itself. But can you tell me now… basically now, anyone age 26 and under, under your legislation, would have to take a boater's safety course for anything over a 10 horsepower. So maybe a 12-foot Jon boat with a fishing motor on it. Say, they would have to go take a… take a class now?" Burke, K.: "Yes."
"Where would the class be offered?" Burke, K.: "So, the class can be offered… can be taken online. It's on the… the DNR website and there are also in-person 09800137.docx 73 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 classes you can take, but it can be done online and the fee is minimal."
"And what's minimum?" Burke, K.: "I think it's about $29."
"So $30. I live on the Illinois River. All river towns, we have a lot of people who are, who boat, use them to fish. So, in the case of a young family who's out there, if he and his wife want to go fishing in a 12-foot Jon boat, it's 60 bucks for the class. And what happens if they don't have this class?" Burke, K.: "If they're… if they don't have it and they're asked for it…"
"And they're fishing in a pond in their… on their farm." Burke, K.: "…it's a petty offense. It would be a petty offense."
"What's the penalty? Is it criminal, civil, fine for this 26-year-old?" Burke, K.: "A person operating a motorboat with over a 10 horsepower and required to have a valid boating safety certificate, shall present the certificate to a law enforcement officer upon request. Failure to present the certificate is a petty offense."
"And… which would be a Class A misdemeanor?" Burke, K.: "If you provide false or fictitious information in an application for this certificate, or if you alter, forge, counterfeit, or otherwise falsify a boating certificate; or possess a boating certificate that has been altered, forged, counterfeited, or falsified." 09800137.docx 74 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"So, if Representative Hoffman's dog Willy ate my certificate, I can potentially face a… face a misdemeanor penalty?" Burke, K.: "No, you'd just get a replacement."
"At the age of 26 in a 12-foot Jon boat." Burke, K.: "No, you would just get a replacement certificate. It's not falsifying. If you lose it or somehow it is destroyed, you would just get a replacement certificate."
"And now… and this would be available online?" Burke, K.: "The exam… the education is available online. This is in numerous other states, especially with the phased in age requirement. And we were not presented with any evidence or testimony or information that having this sort of requirement in any way was onerous or dampened people's ability to be able to use watercraft."
"And so in the Bill, this would apply only to Illinois citizens, but nonresidents are exempted. They don't have to have this." Burke, K.: "If they…"
"If they're up in McHenry County or up on Chain 'O Lakes, where probably the congestion and boating has… in the boating populations have brought some of these problems to light up there, those who would come in and visit there are exempt and they don't need the classes…" Burke, K.: "No, if they…"
"…that Illinois residents have to take?" Burke, K.: "A nonresident temporarily using Illinois waters for a period not to exceed 90 days and who meets any applicable 09800137.docx 75 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 boating safety education requirements in his or her state of residency would be exempt."
"I thank you for the answers. And to the Bill. As I looked through this and I do have some concerns from… as far as not knowing about implementation date, potentials of the age brackets, how they were chosen, I'll be voting 'no'."
"Representative Wheeler."
"Give m… Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, do you remember that day in Agriculture Committee when I tried to pass a similar Bill?" Burke, K.: "And I made a resounding 'do pass' Motion, yes."
"You did. I think that… I think that actually if you had made the Motion it would have gone nowhere. It was a renter… a renter's Bill for safety courses that were 20 minutes and were for… were free. And with your support, it did pass out of Agriculture but was never called here on the floor. I also made some Amendments. What I realized in that process, Representative, was that I know a great concern on all of the lakes and with boaters is their safety. In discussion with some of the boaters group up in the Chain 'O Lakes where I represent, their biggest concern were the renters that were coming for the day and didn't know how to use the motorized boats. So, it ended up, and I don't know if you recall. An amazing Resolution last week was passed that encouraged people to basically do everything they can to get as much safety education for boaters. And in this particular case, I think, you know, again after reflection, perhaps we go too far and overreach within our government asking people to take 09800137.docx 76 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 to… their own personal response… their personal responsibility. And I don't know if it's government's position. I'll be voting 'no', Representative, but I do appreciate what it is that you're trying to do. And I thank you for bringing this forward."
"Representative Osmond."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, let's… I need to recap a little bit here. I'm a little bit confused. Is there anything that allows people that are residing on the lake and operating boats today, grandfathered in on this at all?" Burke, K.: "If they are over the age of… if they were born after January 1, 1990, then it would not apply to them."
"Right. But if they're 18 years old today and living on the Chain 'O Lakes or on lake, does this cover Lake Michigan also?" Burke, K.: "It covers the entire… all waters of the State of Illinois."
"So it'd be the Mississippi River. It would be…" Burke, K.: "Yes."
"Lake Michigan. It'd be the Chain 'O Lakes." Burke, K.: "Yes."
"Okay. So anyone that right today is 18 or 20 years old that operated a boat, they would not be able to do so at this time element that you have in the book, January 1 of 2016." Burke, K.: "Well, if they would take the boater safety class, then they can operate the boat." 09800137.docx 77 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"So, this is… is this a mandate that they have to take it?" Burke, K.: "Yes."
"To operate a boat?" Burke, K.: "Yes. To operate a motor… a motorized watercraft over 10 horsepower, yes."
"So, a trolling mower… motor is not a 10 horsepower, so I guess that's not included. Ten, okay. All right. They get an actual license or a certificate?" Burke, K.: "It's a certificate."
"And does that certificate have to be on them when they are operating the boat at all times?" Burke, K.: "Yes."
"So, it's like a license almost. All right. I think that answers my question." Burke, K.: "Okay."
"I really do feel that mandating this is again, like the previous speaker, it's good to have these safety things in place, but mandating it, I have some problems, especially living on the Chain and knowing all of them." Burke, K.: "Again, Representative, there's many other states that do this and there was no testimony either in the Senate or the House or anyone that ever called me or talked to me and said that this was somehow going to lessen people's ability to… to use watercraft and to enjoy our waters."
"Thank you."
"Mr. Cavaletto."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09800137.docx 78 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Representative, you said there was a fee on this?" Burke, K.: "There's a fee for taking the exam, yes."
"And what is that fee?" Burke, K.: "I believe, today, it's about $29."
"Twenty-nine dollars." Burke, K.: "It's on the… it's on the DNR website."
"Does this include, like if I have a private lake. Do I have to register for this if I have a… if I have a house… home on the lake and it's a huge lake. It's mine. Do I have to go… do I have to do this?" Burke, K.: "Is your lake entirely on your property?"
"Yes." Burke, K.: "I'll have to double-check. Well, you… John, it would not apply to you because you are born after January 1, 1990."
"Well, let me say to other people who…" Burke, K.: "Yes."
"I mean, there… there are lakes down at home where there's 10-, 12-year-old kids who use those boats to fish and they've been doing this for a long time." Burke, K.: "Well, currently, a ki… a child does need to take a boating safety 'cause that's current law."
"So, but someone 12… 12 years old to 18 that… they have to… they couldn't do it, could they?" Burke, K.: "Well, right now under current law…"
"Yeah." Burke, K.: "…that's true. This doesn't… this doesn't change the requirements for child education."
"Well, what about… what is 'unless exempted'? What does that mean?" 09800137.docx 79 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 Burke, K.: "So, there's various exemptions. One would be, if you have an out-of-state certif… you know, if you have a certificate from your home state. If you have a Coast Guard operator's license. If you're a federal employee and you're in the course of your duties. If you're a nonresident and you have a… you've satisfied the boating safety requirements for your home state, an emergency commercial fisherman, the U.S. Navy, and if you're… if you're on the boat using it so that you can complete your certificate. So, those are the exemptions."
"Well, those are a lot of exemptions. That takes in a big… Well, anyhow, I applaud you for what you're trying to do and again, I'm for safety. However, I do not know any accidents that's ever happened down in southern Illinois about any young kids who drive a boat to fish or that anything's happened to them. And I really don't know if a certificate is going to be something that's going to prevent them from having an accident or anything of that nature in a boat." Burke, K.: "Well, I would think the more education you have about the rules of the road for the rules of the water and navigation would be very helpful and I think the statistics show that the younger you are the more likely you are to be involved in an accident. So, I do think it would be very helpful. And the DNR keeps statistics on accidents of all sorts and it's right on their website. You can go check out and see what's happening down in your area."
"Do you know how many accidents that's happened?" Burke, K.: "It works out to about a hundred a year, John." 09800137.docx 80 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"A hundred a year." Burke, K.: "I haven't… over about a 13-year period there were almost 2000 boating accidents, 248 fatalities, 1183 injuries. So, it… it does happen. And it can be avoided or some of these can be avoided with education. And we do hear from boating advocacy group, you know, people who represent boaters that the people who are not fully practiced or don't know what they're doing are a danger to other boaters who are operating safely. So, it helps not only the person who's not a very good boater, but it helps save the people who are doing the right thing because they're on the water with people who are better navigators, better skippers."
"I understand what you're trying to do and I, yesterday I talked to the Conservation Police, and this coming weekend, of course, they go… they're not in their cars, but they will be out in their boat and they will be on the lakes and monitoring and watching and giving tickets to people who are intoxicated, drinking, so on and so forth. So, we have a lot of oversight now, I think, on our lakes. And I have to… Rend Lake and Carlyle Lake, near me. I live in-between both of them. And I do know that there are drownings from time to time, but you know, I don't think we're going to ever stop that. And most of the people in small boats are on small lakes, the 10, like you said, 10 horsepower." Burke, K.: "Mmm mmm."
"Well, they had 12 and 15 horsepower motors that they fish for, blue gills and things that can… in bigger lakes. But there's never been any drownings like that on that size of motors that I know of. But anyhow, I thank you for your 09800137.docx 81 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 work and for what you're trying to do for safety. Thank you very much." Burke, K.: "Thanks."
"Mr. Fortner."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"I'd like to see if I can clarify a couple of the answers that came about from some of the earlier questions. So, you said there was an exemption for people who are from out of state, who are temporarily, would be doing some boating. They'd be operating a motorboat in the State of Illinois. And you used the phrase, if they had the suitable safety requirements in their state. There are some states that don't have these requirements. So, if someone is coming to Illinois to operate a motorboat and their state has no safety requirements, would they be exempt?" Burke, K.: "Just one second, Representative."
"I'll wait." Burke, K.: "I believe that's correct, Representative."
"So… so, they would be exempt without having any training because their state required no training." Burke, K.: "Beca… Right. For a… if they're temporarily using the waters for a period not to exceed 90 days."
"Also, in some of the questions about rental boating. And so, if we have a livery service that's renting a boat, you had said that they would be offering a… an abbreviated course, I believe was the phrase, that would be applicable to use the watercraft, again, up to a certain period of time if 09800137.docx 82 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 they did that. Do the exemptions apply to those who would be using rental watercraft?" Burke, K.: "I'm sorry. Would you repeat that, Representative?"
"Do the exemptions apply to the people who would be using rental watercraft as well as other motorboat operation?" Burke, K.: "I don't understand your question."
"Someone from out of state goes to, say, the Chain 'O Lakes, and they want to rent a boat. Under… as you just answered my first question, they would be exempt if they brought their boat in and then chose to operate their own boat, they would be exempt. If they rent a boat, are they also exempt from the provision?" Burke, K.: "From the… from the short informa… from the shorter version?"
"Yes." Burke, K.: "Well, if they've… no. No, they wouldn't. If they're renting, they have to take it."
"So…" Burke, K.: "Right. So, yes, they would have to take the abbreviated course."
"So… and that applies even if they were from out of state and a state that had certificate requirements, and this person had those certificates. They would still have… I'm just trying to figure out what a…" Burke, K.: "So, if they've…"
"…boat rental company is doing. How do they determine if they have to take the short…" Burke, K.: "I think you might be overthinking this."
"Well, no, I mean…" 09800137.docx 83 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 Burke, K.: "If they don't have a certificate and they're coming from a state that requires a certificate, then they would take… they would take the course that the rental company is offering. If they had their certificate, they wouldn't need to take the rental company's short version because they have a certificate. So, what… I guess, we covered all the bases then."
"I guess, 'cause when I was… when I was looking at the Bill, the reason I'm asking is that it looked like the exemptions came after the Section about rentals. So, the way I read the Bill, if a person said, no, here's my out-of-state driver's license, I really lived in another state, I don’t have to do this. I can just go ahead and rent a boat. I mean, that's the way it read to me." Burke, K.: "That is not the intent."
"Okay. That's… and the other part in the Section, again, about rental that I guess has me a little bit puzzled, it says the rental company, the livery company may offer the course. I mean, that sounds permissive. So what happens if the livery company says, well, we chose not to do that? Now, what happens in that case?" Burke, K.: "I think the situation there would be… it could be a situation where the livery decides it only wants to rent to people who have completed a boating safety course, but if they don't… if they would like to be more expansive, they can offer their own shorter, their abbreviated safety course. And I believe that's the intent of that Section of the statute."
"Thank you. To the Bill. I guess, I have some concerns here because it's seems to me both as it relates to visiting 09800137.docx 84 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 out-of-state boaters as well as to people who would rent, whether they be in state or out of state, there just seems to be a lot of lack of clarity as to how it would be. And in some cases, I would perhaps even draw the conclusion that a tourist say, well, you know, let's use the example of someone renting a boat up in the Chain 'O Lakes or operating a boat in the Chain 'O Lakes, that a person from southern Illinois visiting would be at a disadvantage that they would be required to do things that someone visiting from an equal distance from out of state would not be. And I… to me this Bill doesn't look like all the parts are ready to go forward. Certainly, we want to have people be safe on the water. This just seems to leave a bunch of holes particularly as it relates to out-of-state boaters. And so, I just want to make sure my concerns are on the record. Thank you."
"Mr. Brauer."
"Thank you, Mr. Speaker. I move the previous question."
"Mr. Brauer moves the previous question. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the previous question is put. Representative Burke to close." Burke, K.: "Thank you, Mr. Speaker and Members. I believe this is a well-thought-out way to ease people into the boating safety requirement. We obviously require licenses to drive. We have hunting education. We have other forms of education for people who are engaged in activities that could be dangerous to themselves or to other people. I think it's common sense. I think it can avoid injury; it can avoid accidents. I think it's a good Bill. And I ask for your 'aye' vote." 09800137.docx 85 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Those in favor of the Lady's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 48 voting 'yes', 63 voting 'no', 1 voting 'present'. And the Lady asks for Postponed Consideration. Senate Bill 3434, Representative Burke. Please read the Bill."
"Senate Bill 3434, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Representative Burke." Burke, K.: "Thank you, Mr. Speaker. This is an additional boating Bill. This Bill would amend the Criminal Code and would allow for… Can you give me one second, Mr. Speaker? So, Senate Bill 3434 would amend the Criminal Code by providing that watercraft may be seized and forfeited to the sheriff of the county where the seizure… where they were seized if they are used with the knowledge and consent of the owner in the commission of a listed criminal offense, or if they were… or if it was used for operating a watercraft under the influence of alcohol or drugs. And it adds that… and it also… there… it adds to the list of offenses that we already currently allow seizure for. It adds operating a watercraft under the influence. And I ask for an 'aye' vote."
"Mr. Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Now, it's… right now, if someone is like in the process of a drug delivery and those types of things, whether it's an 09800137.docx 86 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 automobile, whatever, the boat is already… can be seized in this way. Is that not correct?" Burke, K.: "That's correct."
"Okay. And so what you're doing here is, if you're saying that if someone is over the legal limit, a .08, while operating a watercraft, the government can take that vehicle. I want to be real clear on what you're saying." Burke, K.: "If they're already revoked for a DUI."
"Say what?" Burke, K.: "If they're already revoked for a DUI."
"Okay. I want to make sure we're saying it right because I don't think…" Burke, K.: "So, if… if they've committed the violation of operating under the influence for a third or more time or they've been convicted of a DUI."
"Okay. I…" Burke, K.: "I'm sorry. And they… and they've been revoked… their license has been revoked for a DUI. It's a little confusing, I know."
"So, if their license has been… so if their license has been revoked for a DUI…" Burke, K.: "And they're operating under the influence…"
"Okay. Can you answ… can you answer me this? Right now, and I'm… in no means, and I want to be very, very clear on this floor, do I say it's okay to operate under the influence, okay. But I want to know, right now, do we seize a person's car for the same offense?" Burke, K.: "Yes, we do." 09800137.docx 87 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Okay. That… that was the questions that I needed to know. Thank you."
"Mr. Sullivan."
"Thank you, Mr. Sponsor… Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"I just… I got caught up with another conversation. You originally stated that if someone's under the influence they would be revoked, but I think you meant to say, if they were previously revoked and then this happened again…" Burke, K.: "Yes."
"…they could pull the… So, it's not first time drinking and I've never had a problem, it's if you had previously been revoked." Burke, K.: "Exactly."
"And under that revoke license, at that time." Burke, K.: "That's correct."
"So, in essence, you would be operating without a license, you're drinking and then they would take your watercraft." Burke, K.: "Exactly."
"Second question. What would happen to that watercraft if the person that would fall under this category, it was not theirs but it was borrowed?" Burke, K.: "So, there… there are… You need the knowledge of the owner."
"Well, there's knowledge and then there's intent. So, we have a boat, and a friend of mine says, hey, can I take this boat out for the day. I have knowledge that they're using 09800137.docx 88 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 my boat, but I don't have knowledge that they're going to go out and become intoxicated. And I might not know that they had a revoked license for the same thing. And so I don't want to get an owner of a boat into a problem where they do not… they had knowledge that the… that they were going to borrow the boat, but they didn't necessarily have knowledge of all the rest." Burke, K.: "Well, they would be able to assert those, you know, those types of explanations and defenses at a forfeiture hearing, at that point."
"Okay. So, after the arrest and revocation of the boat, that potentially could take it for the rest of the summer, however long the court case, they're going to have to go to court to prove that they didn't have that knowledge. Is that the same intent if that happened with a vehicle on the road?" Burke, K.: "It's the exact same process that would…"
"Okay, okay." Burke, K.: "…happen with a vehicle."
"I just wanted to clarify that. Thank you." Burke, K.: "Sure."
"Mr. Reboletti."
"Will the Sponsor yield?"
"Sponsor yields."
"Representative, I was wondering what the process was for seizing the vehicle, and I know you said this mirrors the Illinois Vehicle Code. How many DUI convictions, suspensions, and/or revocations are necessary to allow for the seizure and forfeiture of a motor vehicle?" Burke, K.: "Three DUI convictions." 09800137.docx 89 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Is it convictions only or does that include disposition? So, if a person had a supervision for a DUI and then subsequently had two convictions with that, meet the threshold or does it have to be three convictions?" Burke, K.: "Yeah. Sup… so, disposition conviction."
"If you are revoked for DUI for the public ways, you can't operate a motor vehicle legally, does that suspension or revocation also preclude you from operating a boat or watercraft on Illinois waterways?" Burke, K.: "Right. And I believe you had brought up this question in committee. And the answer was that there… a DUI does not take away your right to operate a boat."
"So, this would only apply then if the individual had a third or subsequent conviction for operating under the influence. Is that a fair assessment?" Burke, K.: "Yes, that's fair."
"And is there… there's no seizure mechanism right now at all?" Burke, K.: "Not for the watercraft, no."
"And what is this in response to, Representative?" Burke, K.: "The Bill's… so, this is the third boating Bill that I've presented this Session and they were all originated in the Senate by Senator Morrison in response to a personal situation that she had where a family member was killed in a boating accident by a boater who was under the influence. And so, she really looked into how to make boating safer. Did a lot of hearings, had a lot of activity where boaters weighed in. Not only boaters and law enforcement and all sorts of interested individuals up in her district, but I believe in 09800137.docx 90 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 other parts of this state. And this piece of legislation is in response as a way to combat some of the accidents and harm and tragedy that occurs when people operate watercraft under the influence."
"And I can greatly appreciate the situation and the terrible tragedy that occurred to the Senator's family member. One of my concerns, Representative, is there are provisions in this Bill that would allow for an innocent owner of the motor craft… or watercraft to invoke a defense so if I allowed you, Representative, to operate my watercraft, but I didn't know that you had these convictions and then you're seized for your third conviction, am I able to say I had no idea, and therefore, would have a defense so that my… the watercraft would not be seized?" Burke, K.: "You… you would be able to raise that in the forfeiture hearing, yes."
"Thank you."
"Representative Burke to close." Burke, K.: "Thank you, Mr. Speaker. Again, this is a Bill that I really believe will help make our waterways safer. It will give another impetus for folks to think twice about driving a boat under the influence. And I ask for an 'aye' vote."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Tryon. Please take the record. On this question, there are 85 voting 'yes', 27 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby 09800137.docx 91 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 declared passed. Senate Bill 3437, Representative Burke. Please read the Bill."
"Senate Bill 3437, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Representative Burke." Burke, K.: "For a change of pace, this is about the Illinois Commerce Commission and the report that it needs to… to produce every year for the retail… for their office of retail market development. We passed this Bill in a different… in a diff… we passed this same Bill in a different form. It went over to the Senate and it's being used for something else, so we brought it back as Senate Bill 3437. It has the support of… or it has no opposition by the ICC. There was a question about the timing of the report which we changed the date that it needs to be filed to… to alleviate any concerns of the ICC. It's a report regarding natural gas retail competition. And I urge an 'aye' vote."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Andrade, Evans. Mr. Andrade. 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. Senate Bill 3438, Representative Wheeler. Please read the Bill."
"Senate Bill 3438, a Bill for an Act concerning business. Third Reading of this Senate Bill."
"Representative Wheeler." 09800137.docx 92 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Thank you, Mr. Speaker. This Bill amends the Illinois Cooperative Corporation Act that was written in 1915. Senate Bill 3438 simply raises the membership investment cap for Cooperative Corporations from 500 to the amount of 10 thousand, 500 reflecting the dollars from 1915 and $10 thousand reflecting the dollars from 2014. I urge an 'aye' vote."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Why do we need to change the law?"
"Like I said, Representative, the dollars reflect the investment from 1915 so that more investors starting at the cap… or sorry… at 10 thousand will be a better investment and get more people and have a larger cooperative."
"Well, there's no prohibition on getting more than the minimum, correct?"
"No, there is no prohibition."
"Okay. I just… I hear what you're saying. I'm not sure how it will actually change the reality of it though. But… but that's okay. I just wanted to see the reasons. Thank you."
"It's easier…"
"Thank you."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Burke. Kelly Burke. 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. The Chair recognizes Mr. Bost." 09800137.docx 93 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Give me… Thank you, Mr. Speaker. If the record would reflect that Representative Senger will be excused for the rest of the day."
"The record will reflect that announcement. Mr. Thapedi."
"Thank you, Mr. Speaker. A point of personal privilege."
"Proceed, Sir."
"Mr. Speaker, I'd like to have the House of Representatives recognize two students from the Black Law Students Association, visiting from the John Marshall Law School, Ms. Keisa Hollins and Ms. St. Jalisa Miller. Ladies, would you please stand and say hello? Would you please give them a Springfield welcome?"
"Thank you. Welcome to Springfield. Mr. Brady."
"Thank you very much, Mr. Speaker. I, too, have a point of personal privilege."
"Proceed."
"I'd like to introduce my Page for the day, Jillian Jennings who's down in front. Jillian, will you stand up? And she's here with her grandfather, Steve. How about a nice Springfield welcome for Jillian."
"Welcome. Thanks for being with us. Senate Bill 3440, Mr. Ford. Please read the Bill."
"Senate Bill 3440, a Bill for an Act concerning public health. Third Reading of this Senate Bill."
"Mr. Ford."
"Thank you, Mr. Speaker and Members of the House. I move for the passage of Senate Bill 3440. It is an initiative of the Illinois Department of Public Health. And while I'm 09800137.docx 94 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 introducing the Bill for the department, I want to give recognition and praise to Dr. Hasbrouck for his work as an excellent… as an excellent director of the department and he's been doing a lot of work on the MERS, working with the CDC. The Bill simply amends the Rural/Downstate Health Act to provide that the department may collect fees for the purpose of administering the J-1 Visa Waiver Program for international medical graduates. This Bill has no opposition as the initiative of the Illinois Department of Public Health. And I move for the passage."
"Mr. Hays."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, my analysis indicates this is for rural downstate health access."
"Yes, I'm sorry. I did not ask you for your chief sponsorship."
"Well, that's okay. I was just wondering. Now, do you live downstate?"
"I visit. In fact, I visit… You know I've been there. I've been at your place."
"You have been to my district. And I just wanted to illustrate how idiotic that line of questioning was before. I support your Bill."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Golar, Ives, Jackson, Wheeler. Representative Wheeler. Please take the record. On this question, there are 69 voting 'yes', 40 voting 'no', 1 09800137.docx 95 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3441, Mr. Pritchard. Please read the Bill."
"Senate Bill 3441, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Mr. Pritchard."
"Thank you, Ladies and Gentlemen of the House. This is a Bill that recognizes the fact that institutions of higher education are using a lot of online classes and that more and more of our students are wanting to take these classes from whatever institution they're offered in. And what this Bill does is try to streamline the process of approving these courses. And it basically is saying, you know, with an intergovernmental agreement between states that if the institution is housed in Illinois, the Illinois Board of Higher Education would be the institution that is overseeing the request and licensing in it and charging a fee for that. Whereas, if it is a course that is initiated in another state, that state would be responsible for this. It creates a Distance Learning Fund to supplement the support of the administration and enforcement of this particular Act. I would ask for your support."
"Representative Jakobsson."
"Thank you, Mr. Speaker. I, too, ask for support on this Bill. The Midwest Higher Education Compact has been working on this and that organization will be meeting again the first week in June and it will be very great to report that we at least have passed it. I don't know that the Governor will have signed it by that time, but that we've 09800137.docx 96 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 gotten this legislation this far and it will help our students who want to take these online courses. So, I urge an 'aye' vote."
"Those who support the legislation vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Feigenholtz, Jackson, Nekritz. Please take the record. On this question, there are 109 voting 'yes', and 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3447, Mr. Crespo. Out of the record. Senate Bill 3448, Mr. Evans. Please read the Bill."
"Senate Bill 3448, a Bill for an Act concerning revenue. Third Reading of this Senate Bill."
"Mr. Evans."
"Thank you, Mr. Speaker. Senate Bill 3448 amends the Retailers' Occupation Tax Act by decreasing the amount of days before the Department of Revenue must provide retailers who owe past tax with a final notice. It's being reduced from 121 days to 60 days. It's an administrative issue that would help the department streamline some services. Ask for your 'aye' vote."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Dunkin, Fine, Wheeler. Mr. Dunkin. Please take the record. On this question, there are 109 voting 'yes', 1 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3465, Mr. Yingling. Please read the Bill." 09800137.docx 97 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Senate Bill 3465, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Mr. Yingling."
"Senate Bill 3465 states that the definition of an 'ambulatory surgical treatment center' in Illinois will now include any place that meets and complies with the definition of an ASTC under the rules adopted by the Department of Public Health. For the purposes of establish… establishing legislative intent, I want to clarify one question that arose relating to surgical facilities in the process of a Medicare certification. The Medicare certification process can take some time for a new facility to obtain once it has been licensed by IDPH. The question arose actually from a surgical center in my district that had been licensed by IDPH and was awaiting final Medicare certification. I want to clarify my understanding and I believe that understanding of IDPH that this legislation is not intended to exclude a licensed ASTC operating by attestation while the Medicare certification is pending. I'm 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? Brady, Thapedi. Please take the record. On this question, there are 110 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3468, Mr. Sandack. Please read the Bill."
"Senate Bill 3468, a Bill for an Act concerning health. Third Reading of this Senate Bill."
"Mr. Sandack." 09800137.docx 98 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3468 amends the Mental Health and Developmental Disabilities Code so that a peace officer may take a minor into custody and transport the minor to a mental health facility when that peace officer has reasonable grounds to believe the minor is eligible for admission. This is an initiative of the DuPage State's Attorney and the Mental Health America Association. I know of no opposition. And I'd…"
"Then what's all the whistling about? Mr. Ford."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Leader, I just want to ask a question about the peace officer being able to transper… transport a… a person to a mental health facility. Could that be a problem in certain circumstances and to what level… what type of facility will they be able to transport them to?"
"Representative, the current law requires that a peace officer physically see the juvenile and make the determination that a transfer to a mental health facility's appropriate. This would simply remove some language to permit that the police… the police officer's discretion, meaning talking to the parents or other witnesses and utilizing his or her professional discretion in that endeavor."
"This is a teachable moment for me. I'm just asking because I don't want to… it worries me that… I mean, even a doctor, a medical doctor, would take other considerations in to factor before they transport someone to a mental health facility. So, I'm wondering where does the doc… where does the peace officer get the ability to make that recommendation?" 09800137.docx 99 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"They're often called to emergency scenes. And rather than transport the juvenile to jail, for instance, they… they can take into consideration under their discretion that a mental health…"
"What happens at a mental health facility? I have a…"
"Treatment."
"Well, I mean, just because you… I don't think everyone needs to go to a mental health facility. I'm not saying that your Bill is bad. I'm asking you to give me clarity."
"Sure."
"So a mental health facility could be looked upon as a… a very serious factor."
"Absolutely."
"So, why a mental health facility?"
"Because they're showing… I mean… Representative, the current state of the law, there is the Mental Health and Developmental Disabilities Code that exists right now. The law permits police officers to take victims to the mental health facility when they personally see behavior indicative of someone suffering from mental disability."
"And I hear you saying that it's a part of statute now."
"Correct."
"So remember, I'm asking you to… it's a teachable moment."
"Everything is. I agree with that."
"All right. So I'm asking you, so why do you change the law if it's already…"
"It gives the police discretion to utilize information."
"Discretion. Okay."
"Correct." 09800137.docx 100 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"And right now they don't have discretion."
"They have to see and witness the erratic behavior…"
"Okay."
"…in order to make that transfer. In this instance, they can take information from witnesses, parents, teachers, and others. And in the course of their professional conduct, utilize their discretion to make that… rather than going to jail, for instance, take that… take this juvenile for mental health treatment."
"Hey, I understand it. There… I was just saying, it's not always jail or mental health facility, or it's also places where you have, in police stations, that they have station adjustments. So I mean, it's just huge to say mental health facility or to jail. It's not always the two options that's totally necessary."
"Well, I don't disagree with that. But that's typically…"
"Maybe a… maybe…"
"…what happens in police situations?"
"…maybe a workout with the family. Maybe you bring the family in and you deal with the family and make sure that the services are being provided like…"
"Certainly."
"…wraparound programs."
"And I think the police have that discretion right now to do that as well."
"Okay. Thank you."
"Mr. Reboletti."
"Will the Sponsor yield?"
"Sponsor yields." 09800137.docx 101 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Representative, this simply allows the information that maybe a parent has to be imputed to the police officer so that they can take all the information into account between the parent and what they're observing for that to be enough to transport them. Is that fair to say?"
"That's fair to say, yes."
"Thank you."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Mitchell. Please take the record. On this question, there are 107 voting 'yes', and 4 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3488, Mr. Rita. Please read the Bill."
"Senate Bill 3488, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Mr. Rita."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3488 is an initiative of the Department of Professional Regulation. And it's cleanup language. It's all agreed to for the Architecture Practice Act. Answer any questions, if needed, but ask for a favorable vote."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? It must have been the explanation of the Bill. Have all voted who wish? Please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3504, Mr. Hoffman. Please read the Bill." 09800137.docx 102 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Senate Bill 3504, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Mr. Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is an initiative of the Mine Subsidence Board. I don't understand the whistling 'cause I know of no opposition."
"Just proceed, Sir."
"Could it be… do you guys like what I'm wearing today? Anyway, what the Mine Subsidence Board had this initiative. It's very similar to House Bill 2618, which Representative Brady sponsored last year. They just… the Governor vetoed it because he wanted more notice and more consumer protections. I know of no opposition."
"Mr. Brady."
"Thank you very much. Mr. Speaker, to the Bill, Ladies and Gentlemen, I stand in support of the Gentleman's Bill today. And I also want to make a personal apology to Lori Reimers, who worked very hard on this Bill, many of us know because there was a miscommunication on my office part about the involvement in this Bill. So, I want to personally apologize to her and support the Gentleman's Bill."
"Representative Ives."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Now, it's my impression that once your property has had a subsidence event, and the insurance company has paid out on that subsidence event, that they only pay the first time. Will they be… do they pay for subsequent events? And if you're 09800137.docx 103 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 continuing to pay premiums, will they pay for subsequent events?"
"Well, the… yes, if you're paying premiums, but the issue is this. A mine subsidence event happens over time. So you may have like a… especially in our area, everything is undermine. So, you may have like a crack in your basement that appears and over time the event continues. Sometimes it takes years. There's no reason for you to continue to pay a premium during the time that event is continuing. This says that the insurance company, once it is made aware of the event, has to send notice to the individual indicating that… that they can waive the premium and don't have to pay it. It makes no sense for them to keep paying it as the event is occurring. If the event is then completed and the mine subsidence is corrected, then I believe you can continue… or begin paying a premium again 'cause there could be another subsequent event, I assume."
"Okay. I guess I'd just like more information before I vote on this. But thank you."
"Then don't vote for it."
"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? Mr. McAuliffe. Please take the record. On this question, there are 110 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3506, Mr. Sosnowski. Please read the Bill."
"Senate Bill 3506, a Bill for an Act concerning regulation. Third Reading of this Senate Bill." 09800137.docx 104 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Mr. Sosnowski."
"Thank you, Mr. Speaker. I, too, appreciate the whistling. I'd like to think that I'm far better dressed than the previous speaker. This Bill is an initiative of the Urgent Care Association of America. This essentially brings us in line with the other 49 states in the nation and will allow urgent care facilities to use the word 'urgent' in their marketing and advertising and naming of the facilities. I'd ask for an 'aye' vote."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Mr. Sosnowski, I'm reading the analysis and it indicates that Department of Public Health is opposed because they're concerned about confusing the public, where if they went to a facility that deems itself 'urgi-' or 'urgent' care, that they would somehow believe that they may be getting emergency room treatment."
"You know, we had some good discussion in committee. In my analysis, I… we don't know of any known opponents. They did not testify or slip in in committee. They've not contacted me. There was some expression of that sentiment in committee. But again, there's 49 other states that use the word 'urgent care'. And part of the testimony in committee that brought up that concern was that if somebody were to be brought there, they wouldn't be able to receive care or they might mistake it for an emergency room. But as was discussed in committee, even if that was the closest location, that individual who is in need of care can be stabilized, an ambulance can come, 09800137.docx 105 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 take them at that point, and then bring them to an emergency room for further surgery. So, regardless of that… that concern that was expressed, I think it was mostly an anecdotal concern and again, I don't know of any opposition that was formal in committee."
"Well, I'm concerned 'cause I don't know what an 'urgent' or 'urgi-' care is. So, if I'm driving, you know, with… I have some condition that I feel I need treatment for, and I see an emergency room… and I see… I see an emergency care place and I see an urgent care place. What's the difference? What does the urgent care place do?"
"Well, an urgent care facility, similar to what you'll see in a immediate care or a prompt care. There's some different names in Illinois that you'll see. But again, as recognized by insurance companies nationwide, actually recognized by the Federal Government and recently passed Obamacare, all of these urgent care facilities are recognized nationally and internationally as urgent care facilities within the insurance context and reimbursements and those things."
"I get that. I under… understand. I'm not worried about the insurance aspect. I don't care how they get paid. What do they provide? What services do they provide? How are they different than an emergency room? That's what I want to know."
"Well, they are not an emergency room. And so, they for… or again, immediate, prompt care; people go in there for a variety of reasons. They're able to offer more than a traditional doctor's office, but not as much as an emergency room." 09800137.docx 106 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Are they able to do outpatient surgery?"
"Not to my knowledge."
"Well, then, how can they do more than a doctor's office? 'Cause I know you… typically in a doctor's office you can't do outpatient surgery. I just don't understand the difference and I think if we're confused, I presume consumers are going to be confused. So I don't know why we would label something 'urgent' if it isn't providing a different level of service than that one could get at their physician's office."
"Well, I guess the question would be, why would you label them 'immediate' or 'prompt'?"
"I agree. And I think it may be a question of deceptive advertising because if you're saying you're urgent and you're not providing anything different that would be in a doctor's office, and you're not providing an outpatient surgery, and you're not providing emergency room care, what exactly are you providing that I can't get at my doctor's office or at Walgreens?"
"Essentially, this allows for walk-ins and I think in the advertising of these facilities, which become more and more commonplace, because the goal is to keep individuals out of the emergency room for nonemergency related issues. So."
"I agree. I think that's good. So how are they labeled now?"
"Prompt Care, Immediate Care."
"Okay. So if they're prompt, they're…"
"Those are the two primary ones."
"Okay. So if it's prompt or immediate, that's how it's using now? And you're asking to change the vernacular so they 09800137.docx 107 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 wouldn't be referred to as prompt or immediate, but be called urgent or urgi-."
"It would allow them the opportunity to refer to themselves as urgent, as they do in 49 other states right now."
"Okay. I apprecia… now I understand what it is. I am concerned because I'm not… I'm concerned because I think most consumers aren't sophisticated when it comes to medical decisions. I think that they rely on their physicians. And if you're in an emergency situation, you oftentimes don't have the information you need to make an informed decision. And I could see the confusion between an urgent care and an emergency room, but I think the way… if it's called prompt or immediate, that is different. I think if you say urgent that I think it almost implies that there will be emergency services. But this is not what it is. It's more of a clinic- based. So, I'm going to be voting 'no' and I would encourage others to do the same."
"Representative Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Davis, M.: "Representative, are you aware that a few years ago, Representative Flowers, Mary Flowers, passed a Bill requiring that locations that were not emergency care locations remove that name from their marques? Because, Representative, it was creating a situation where a person thought his or her child was getting emergency care for some event that should have been an emergency room when actually the places they were visiting were just clinics, really. You know, maybe an 09800137.docx 108 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 everyday open clinic or what have you. So, it was important to this Body at that time that we not allow the use of urgent care, when it really isn't urgent care."
"Well, as was mentioned in committee, for these facilities, they are able to do a lot. So in a case where somebody, that's the closest location where there is some sort of emergency. Even if they are brought to these facilities, these facilities work with hospitals and ambulance providers to stabilize patients. And a Gentleman in committee, one of our fellow Members, a firefighter, has said they respond many times to these facilities 'cause they're able to stabilize patients or a patient goes into a prompt care facility, realizes they need, or the doctor references them to the hospital. So, an ambulance will come and take them. You know, these facilities, again, are operating hand in hand with hospitals. And it… again this… this labeling, just so that they are more in line with the 49 other states in the nation is why the Urgent Care Association is asking for this minor modification in the law." Davis, M.: "You know, we're… we're not in line with a whole lot of states on a whole lot of different issues. So, being out of line with 49 states on the labeling… I think what's important is when a person sees a sign that this is what we do, a person could bypass an emergency room and think they can hit down the road to this building that says emergency care. They could bypass that hospital because they think they can head on down the road to an emergency care location. And they will tell them, many times, we really don't do that. Do you have an appointment? A building that says emergency care 09800137.docx 109 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 can ask you when you arrive, do you have an appointment? And surely, if it's an emergency, you probably don't have an emergency… I mean, an appointment. So then they will send you someone else. I think this Bill that passed a number of years ago was in order to protect citizens who really did need emergency service. Now, surely, surely, if you're severely injured and there's no other location, you can go there, but you shouldn't be led to believe that you're going to receive the emergency care that you would get in an emergency room or person that truly provides for emergencies."
"I'm sorry. I…" Davis, M.: "Would you take… you want to take your Bill out of the record and so you can talk to Representative Flowers?"
"No. At this time, I think the Bill is appropriate and well drafted. And again, I don't know of any formal opposition." Davis, M.: "Well, to the Bill, Mr. Speaker. A few years ago this Bill… we passed a Bill in this Body, probably unanimously, that asked those associations who offered clinical care, not to list their service on their marquees or where they advertise as an emergency care location, when actually there was no emergency service being rendered. It is very harmful. It is very harmful to the public, and you're wasting precious time to go by a clinic that has labeled itself emergency care, when actually it is merely a daily clinic in which an appointment is needed. Thank you, Mr. Speaker. And I urge a 'no' vote."
"There are still five people wishing to speak on this Bill. Mr. Hays." 09800137.docx 110 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014
"Thank you. Thank you, Mr. Speaker. To the Bill. You know, these urgent care facilities are actually very, very positive in communities. They exist in all of your communities. Many of them are called urgent care. These facilities are for the care that people need right now, cold and flu, an earache. Many of them have lab facilities. Many of them have radiology facilities. Someone… even for a child that has a broken wrist on the trampoline can go and get immediate care. You can walk in. Generally there's extended hours into the evening. Generally there are weekend hours for these facilities. You know, one of the underlying hallmarks of going forward with health care is to encourage people to use the appropriate venue for health care. And frankly, one of the problems in health care now, it's quite the opposite of what's being discussed. We have far too many in our communities going to the emergency room for things that are not emergent. We have far too many people going to the $2500 cost venue, when the $85 cost venue is more appropriate. I think it's entirely appropriate to do what the Gentleman is suggesting. I think it saves a lot of money in the health care system for everyone. And I think frankly, encouraging insurance companies to pay for this and encouraging facilities to have those extended access hours is a very, very positive suggestion. And I think in all of our communities people do know the difference. And I think as we go forward in health care, one of the incumbent dynamics upon the public is for them to become better educated. If we're going to have access for everyone, it's incumbent upon the public to know the level of care. These facilities are positive. These facilities are 09800137.docx 111 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 open. And these facilities, in the overwhelming majority of the time, are the facilities where people should be accessing their care to begin with for two reasons, it's quick, it's convenient, and frankly, it's a lot more cost-effective for everyone. Vote 'yes'."
"Mr. Martwick."
"Thank you, Mr. Speaker. To the Bill. I was in this committee hearing where we spoke about this. And you know, I want to point out something here. The previous speaker talked about the need of these facilities and the usefulness of these facilities. And while he is absolutely 100 percent right, the Bill doesn't even… isn't even about that. We all know that these are useful things and they're a part of… of the changing scene in health care. This is about a name. This is about what we call them. And I'm not an expert in semantics or vocabulary. What I… what I would think, and this is the reason that I supported this Bill in committee and why I urge a vote today, is that as the health care industry becomes, as the previous speaker said, more modernized and more nationalized, I think it's important that we are consistent across the country. We use the same terms that 49 other states do. As we're often told in this chamber, we have a lot of neighboring states and we have commerce that flows back and forth. Shouldn't we expect that people in our state, when they travel to other states, or when people from other states travel to visit our state, in need of medical assistance, would know where they're going? And we would be the only state with a different term. It's almost as if we made our stop signs a different color and a different shape. It makes no sense. 09800137.docx 112 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 This is a good Bill. It puts us in consistency with the other 49 states. Please vote 'yes'."
"Mr. Fortner."
"Thank you, Speaker. To the Bill. Previous sponsor mentioned the semantics about the name, and I think that's exactly what this is about. And I don't necessarily claim any expertise in semantics, but Google, as a tool, is designed to do exactly that. It's designed to tell you from its interpretation of the words, what it thinks you're after. So during the earlier part of the debate, I went to the Google on my laptop and I typed in the word 'urgent care'. Now, here's the interesting thing, it… I didn't get like a Wikipedia entry. You know what I got? I got a listing for the urgent care sites in Springfield, Illinois. A place where we would think that it would be confusing. I got a list that's based on yellowpages.com. That's what Google said, here's your top hits. Here's your top hits. This is what you want to get. And the reason for that is that there are many examples throughout the English language of words that maybe we wished hadn't become the standard usage because maybe they could be confusing, but language is what it is. And the words 'urgent care' have come to mean in the United States of America, clinics that exist with extended hours where you can go if you could not otherwise get an appointment to see your regular physician. We can choose to ask the people of Illinois to call them something else, but in the end, the usage. If you're watching television, if you're seeing movies, the common usage of the term is 'urgent care'. It's a category in yellow 09800137.docx 113 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 pages. I think we need to catch up with the times. I urge an 'aye' vote."
"Representative Flowers."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. To the Bill. Years ago when there were lots of doctor's offices with the name 'urgent care', a lot of patients were dying because they thought that they were going to a facility that would give them urgent care. But the facility was a doctor's office. It was just a doctor's office. And so therefore, it did not have the equipment for urgent and/or emergency care. And so as a result of that, so many patients lost their lives. And as a result, we passed legislation requiring that 'urgent' be taken dow… taken down and that's exactly what happened. Now, what we're doing now, again, is a name game. And we're playing with people's lives. And what some of these offices are trying to do is get a leg up on other doctor's office by pretending that they do something different than the other doctor when they are merely doctor's offices. And they are not open necessarily 24 hours, but emergency rooms are available 24 hours. So, once again, I would appreciate that you not support this Gentleman's Bill because it is confusion. It has cost people their lives. And we do have emergent, we have emergency. I would appreciate if we would not pass this Bill. Thank you."
"Mr. Sosnowski to close."
"I think we've had some good debate. Just one minor point, I do want to point out, that nowhere in this Bill does it allow these centers to refer to themselves as 'emergi-' or 09800137.docx 114 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 'emergent'. This is a good compliance Bill and I'd 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? Davis, Lily, Turner. Please take the record. On this question, there are 94 voting 'yes', 16 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Mr. Bost."
"Thank you, Mr. Speaker. If the record would reflect that Representative Cabello is excused for the rest of the day."
"The record will reflect that, Sir. Representative McAsey is recognized."
"Thank you, Mr. Speaker. I move to suspend the posting requirement on House Resolution 1146."
"You heard the Lady's Motion. Is there leave? Hearing no objection, leave is granted. And the posting requirement is waived. And now, wishing you all a happy Memorial Day weekend and allowing perfunctory time for the Clerk, Leader Currie moves that the House stand adjourned 'til Monday, May 26 at the hour of 1 p.m. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the House does stand adjourned 'til Monday, May 26 at the hour of 1 p.m. Drive safely."
"House Perfunctory Session will come to order. Introductions of Resolutions. Senate… House Joint Resolution 99, offered by Representative Reis; and Senate Joint Resolution 72, offered by Representative Bost are referred to the Rules Committee. Introduction and First Reading of House 09800137.docx 115 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 5/23/2014 Bills. House Bill 6273, offered by Representative Stewart, a Bill for an Act concerning employment. House Bill 6274, offered by Representative Bost, a Bill for an Act concerning finance. House Bill 6275, offered by Representative Bost, a Bill for an Act concerning appropriations. House Bill 6276, offered by Representative Cabello, a Bill for an Act concerning public employee benefits. First Reading of these House Bills. There being no further business, the House Perfunctory Session will stand adjourned." 09800137.docx 116