"House Perfunctory Session will come to order. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on April 15, 2015: recommends be adopted, referred to the floor is Floor Amendment #1 to House Bill 2568, Floor Amendment #1 to House Bill 3434, Floor Amendment #1 to House Bill 3616, Floor Amendment #1 to House Bill 3887."
"The House will be in order. Members will be in their chairs. We shall be led in prayer today by Reverend Ed Pool who is with Orient Church of Christ in Orient, Illinois. Reverend Pool is the guest of Representative Bradley. Members and guests are asked to refrain from starting laptops, turn off cell phones and rise for the invocation and Pledge of Allegiance. Reverend Pool."
"Let us pray. Our Lord and God Almighty, we come before Your throne this April 15, 19… 2015. You have directed us to pray for the officials representing people. So, we come here this morning before the House of Representatives of the great State of Illinois to pray for them. Yes, Lord, they have a very difficult work of representing the people, especially when they have problems that are not of their making. They have come up with problems with finances, billions of dollars to cover things they didn’t have anything to do with. But Lord, You have helped the Representatives of the people do things that appeared to be impossible in the past. When they couldn’t agree in writing the Constitution of this United States of America, they were driven to their knees in prayer; and out of it came a Constitution that even the 09900031.docx 1 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 nations around the world have marveled at. Thank You. From it has grown this great nation in which people have been eagerly migrating to over the years, many to our State of Illinois. Lord, You revealed to us that if we ask anything according to Your will, You hear us. We sincerely believe that You want these Representatives to solve sticky problems like the pension situation. It seems there is no legal answer for it, but we know nothing is impossible with You, Lord, nothing. So, as these Representatives work diligently for the people in solving the problems of the State of Illinois, please help them to remember this; the prayers of righteous individuals are powerful and effective and avail much. Help them to pray, Lord. May Your will be done, Amen."
"Be led in the Pledge today by Representative Franks."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Leader Currie."
"Thank you, Speaker. Please let the record show that Representative Crespo is excused today."
"Mr. Brown."
"Thank you, Mr. Speaker. All Republicans are present today."
"Mr. Clerk, please take the record. We have 117 Members present, and we're prepared to do our work today. Chair recognizes Representative Scherer." 09900031.docx 2 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Thank you, Mr. Speaker. Today, I rise on a point of personal privilege for…"
"Please proceed."
"…for the Our Lady of Lourdes seventh grade girls volleyball team. They won the state championship this year. This was under the guidance of Coach Rhonda Glidewell and Principal Uptmor. And also, they won third place in the state basketball tournament under the guidance of Coach Newbon. This is… is actually my church and school that my kids attended. So let's have a round of applause for the seventh graders at Our Lady of Lourdes."
"Welcome. We're happy you're with us today. Mr. Mautino."
"Point of personal privilege."
"Proceed."
"I'd like the chamber to welcome the students from Amboy Elementary School, the Vikings, to Springfield today."
"Welcome. Representative Willis."
"Point of personal privilege, please."
"Go right ahead."
"I did want to welcome the students from Mannheim Middle School, but they seem to have just walked back behind. But they are here for a tour of the Capitol today."
"Happy you're with us today. Mr. Meier."
"Point of personal privilege."
"Proceed, Sir."
"Our Pages today are here from Breese Central High School, home of the Cougars. Always a school that’s competing out there in state tournaments. Always beating my hometown of 09900031.docx 3 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Okawville. We have here today Jacob Tebbe, Brittany Rogers, Logan Kohrmann, Olivia Page, Sean Luitjohan, and Sandra Anders. Thank you.”
"Thank you, Mr. Meier. Mr. Walsh."
"Thank you, Mr. Speaker. I rise on a point of personal privilege."
"Go right ahead."
"Ladies and Gentlemen of the House, I'd like to introduce you to my Page for the day, Nolan Smith, who's from my hometown of Elwood, Illinois, and his mother Robin's up in the gallery today. Please welcome them to Springfield."
"Welcome. Thanks for being with us today in the House chamber. Representative Manley is recognized."
"Good morning."
"Good morning."
"I rise on a point of personal privilege, Speaker."
"Go right ahead."
"How are you today?"
"I'm wonderful."
"I think it should be Will County Day here at the Capitol, because in the gallery behind me we have people from the Will- Grundy Center for Independent Living. We have Debbie and Missy. But most importantly, the real stars today are Major, raise your hand Major, Levi, Corbin, Madison, and Michelle. Thanks for coming to see me, you guys."
Speaker Lang: "Thank you, Representative. Mr. Sommer is recognized."
"Mr. Speaker, for the point of personal privilege."
"Please proceed." 09900031.docx 4 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"I'd like to introduce to the chamber my Page for today is Casey Hoffmire from Morton. She has the distinction of being the great granddaughter of Clarence Yordy, who is a member of the Illinois Constitutional Convention of 1970. Please welcome her."
"Happy you're with us. Thank you. Representative Ammons."
"Good morning, Mr. Speaker. I rise for a point of personal privilege."
"Go right ahead."
"Thank you so much. It is indeed a personal privilege for me to welcome to this chamber our United Way Executive Director, Ms. Sue Grey, who is sitting over there with our Township Supervisor, Champaign Township Supervisor, Mr. Andy Quarnstrom, who's also a firefighter in our community. Thank you all so much for coming and sharing the day with us, and I look forward to seeing you after Session."
"Welcome. Thank you. Representative Bryant."
"Thank you, Mr. Speaker. I rise for a point of personal privilege."
"Please proceed."
"Sitting in the gallery today are several women from the Illinois Lincoln Excellence in Public Service Series. These ladies go through a yearlong program to teach them to… to run for office or to run a campaign, and also to serve well in the public sector. So, I appreciate them being here. Thank you."
"Thank you, Representative. Representative Evans is recognized." 09900031.docx 5 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Point of personal privilege."
"Proceed, Sir."
"Yeah, yesterday, we had our first annual Senate-House charity basketball game. I'd like to thank all of my colleagues for their participation and all of those who play or coach, Representative Thapedi, and also all those staff people, various lobbyists who helped to organize the event. The House did not win; the Senate won the game. But the children of the Boys and Girls Clubs of Central Illinois were the winners because we did raise funds and expressed our support for the Boys and Girls Club as a jointed body. So, thank you for your participation as either a spectator or player and hopefully we'll look forward to doing it again next year."
"Thank you, Representative, and it seems like there weren't too many injuries. Representative Hammond."
"Thank you, Mr. Speaker. A point of personal privilege."
"Proceed."
"I would like to welcome to Springfield and to the House gallery today two different groups. First, joining me today is Sue Hamilton from Williamson County. Sue is a member of the Lincoln Series and here spending a few days with us in Springfield. So I'd like to welcome Sue, just above me in the gallery."
"Welcome. Thank you, Representative."
"And if I may also, I have a group of students here from Western Illinois University and studying in the political science department. And they are just above me in the gallery. 09900031.docx 6 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 And included in the group is Dan O'Rilly, Justin Washington, Quincy Jones, and Aaron Torelli. Welcome to Springfield."
Speaker Lang: "Welcome. Thanks for joining us. Mr. Clerk, Committee Reports."
Clerk Hollman: "Committee Reports. Representative Nekritz, Chairperson from the Committee on Judiciary - Civil reports the following committee action taken on April 14, 2015: recommends be adopted is Floor Amendment #3 to House Bill 3429, Floor Amendment #1 to House Bill 3527. Representative Verschoore, Chairperson from the Committee on Environment reports the following committee action taken on April 14, 2015: recommends be adopted is Floor Amendment #2 to House Bill 1014, Floor Amendment #1 to House Bill 1326. Representative Zalewski, Chairperson from the Committee on Health Care Licenses reports the following committee action taken on April 14, 2015: recommends be adopted is Floor Amendment #2 to House Bill 3655. Representative Gabel, Chairperson from the Committee on Human Services reports the following committee action taken on April 14, 2015: recommends be adopted is Floor Amendments #4 to House Bill 184, Floor Amendment #1 to House Bill 302, Floor Amendment #2 to House Bill 1004, Floor Amendment #1 House Bill 3133, Floor Amendment #2 to House Bill 3684, Floor Amendment #1 to House Bill 3848, Floor Amendment #2 to House Bill 3848. Representative D'Amico, Chairperson from the Committee on Transportation: Vehicles & Safety reports the following committee action taken on April 14, 2015: recommends be adopted is Floor Amendment #2 to House Bill 1081, Floor Amendment #1 to House Bill 3797. Representative Costello, 09900031.docx 7 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Chairperson from the Committee on Agriculture & Conservation reports the following committee action taken on April 14, 2015: recommends be adopted is Floor Amendment #2 to House Bill 352, Floor Amendment #2 to House Bill 3749. Representative Rita, Chairperson from the Committee on Business & Occupational Licenses reports the following committee action taken on April 14, 2015: recommends be adopted is Floor Amendment #2 to House Bill 642. Representative DeLuca, Chairperson from the Committee on Cities & Villages reports the following committee action taken on April 14, 2015: recommends be adopted is Floor Amendment #1 to House Bill 264. Representative Chapa LaVia, Chairperson from the Committee on Veterans' Affairs reports the following committee action taken on April 14, 2015: recommends be adopted is Floor Amendment #2 to House Bill 3686. Representative Jackson, Chairperson from the Committee on Counties & Townships reports the following committee action taken on April 14, 2015: recommends be adopted is Floor Amendment #2 to House Bill 1119, Floor Amendment #1 to House Bill 3445, Floor Amendment #1 to House Bill 3664, Floor Amendment #2 to House Bill 3664. Representative Nekritz, Chairperson from the Committee on Judiciary - Civil reports the following committee action taken on April 15, 2015: recommends be adopted is Floor Amendment #2 to House Bill 810. Representative Daniel Burke, Chairperson from the Committee on Executive reports the following committee action taken on April 15, 2015: recommends be adopted is House Resolution 324. Introduction of Resolutions. House Resolution 358, offered by Representative Nekritz, and House Joint 09900031.docx 8 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Resolution 65, offered by Representative Sandack, are referred to the Rules Committee."
"Chair recognizes Representative Barbara Wheeler." Wheeler, B.: "Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed." Wheeler, B.: "Today is a very important day. Besides being Will County Day, besides honoring the death of Abraham Lincoln, it is also my seat mate and friend Representative Sheri Jesiel's birthday today. So, happy birthday."
"Happy birthday, Representative. Let us know where the cake is, we'll catch up with it. Members, an important announcement. Monday, April 20 at 3 p.m. will be the deadline for filing substantive Amendments to House Bills that you wish to have heard before the deadline. Monday, April 20 at 3 p.m. is the deadline for filing substantive Amendments. We'll repeat this again because you're not all listening. So, Monday, April 20 at 3 p.m. is the deadline. Chair recognizes Representative Gordon-Booth."
"Thank you, Mr. Speaker. Today we have the opportunity to celebrate the birthday of one of our illustrious colleagues, Representative Camille Lilly."
"Happy birthday."
"Always… always remember, Camille's birthday is tax day."
"Excellent. Representative Gabel is recognized. Another birthday?"
"No. No birthday. A point of personal privilege."
"Proceed, please." 09900031.docx 9 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Thank you. I would like to recognize the Illinois Public Health Association and their affiliate members who are here in Springfield today for their annual lobby day. With a particular welcome to the students from University of Illinois Chicago, Illinois State University, and Benedictine University. They will be having a legislative reception this evening at 5:30 p.m. at the Sangamo Club and all Legislators are encouraged to attend. Thank you."
"Thank you, Representative. Members, we're going to proceed down the priority list that we worked on yesterday. We have, obviously, some Bills we moved to Third and some leftover items on Second. We will start with Bills on Second Reading. First, House Bill 3374, Representative Bellock. Please read the Bill."
"House Bill 3374, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 2822, Representative Bellock. Representative Bellock. Please read the Bill."
"House Bill 2822, a Bill for an Act concerning human trafficking. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3887, Representative Keith Wheeler. Please read the Bill."
"House Bill 3887, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by 09900031.docx 10 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Representative Keith Wheeler, has been approved for consideration."
"Mr. Wheeler." Wheeler, K.: "Thank you, Mr. Speaker. The Amendment excludes the Judiciary and the Legislative Branches from the Bill. I move for its adoption."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 1382, Mr. Bradley. Mr. Bradley. Out of the record. House Bill 218, Representative Cassidy. Representative Cassidy. Out of the record. House Bill 810, Mr. Drury. Out of the record. House Bill 4013, Representative Feigenholtz. Out of the record. House Bill 3531, Representative Golar. Representative Golar. Out of the record. House Bill 1493, Representative Lilly. Please read the Bill."
"House Bill 1493, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3898, Representative Martwick. Please read the Bill."
"House Bill 3898, a Bill for an Act concerning civil law. This Bill was read a second time on a previous day. No Committee Amendments. No Floor Amendments. No Motions are filed." 09900031.docx 11 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Third Reading. House Bill 3684, Representative Wallace. Representative Wallace. Please read the Bill."
"House Bill 3684, a Bill for an Act concerning children. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Wallace, has been approved for consideration."
"Representative Wallace on the Amendment."
"Thank you, Speaker. I rise to ask for support of this Amendment that will basically allow for all children in foster care to be given a copy of the Bill of Rights spelled out in this particular Bill."
"Those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 3434, Representative Willis. Please read the Bill."
"House Bill 3434, a Bill for an Act concerning local government. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative Willis, has been approved for consideration."
"Representative Willis."
"Thank you, Mr. Chairman. The Amendment is strictly a technical Amendment working on the dates. That’s it."
"Those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed." 09900031.docx 12 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Third Reading. House Bill 3930, Mr. Yingling. Please read the Bill."
"House Bill 3930, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Members, we're moving to Third- Reading Bills that are your first and second priorities. The first Bill on this Order is House Bill 3363, Mr. Andrade. Please read the Bill."
"House Bill 3363, a Bill for an Act concerning business. Third Reading of this House Bill."
"Mr. Andrade."
"Thank you, Chairman. House Bill 3363 amends the Consumer Fraud and Deceptive Business Practice Act. It provides it is unlawful to include in a contract for the sale or lease of consumer goods or services a provision that requires a consumer to waive his or her right to make any statement regarding the consumer's experience. It also protects businesses by not allowing the consumer to provide false accusations or… or false explanations. Basically, when it comes down to it, this Bill protects consumers, their First Amendment right to bring any, for an example, when they have on Yelp or on Facebook, and this Bill was… came to me because of what happened was, there was a hotel that was putting in their contract that if the consumer gave a bad review, he would be charged and… and he would also be charged if his guest would be there. So, I ask for a favorable vote. And if there's any questions, I'm more than willing to answer them." 09900031.docx 13 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Gentleman yields."
"Representative, I understand what you're trying to do, but I think we might have an unintended consequence here."
"Okay."
"Here's my concern. When you have proprietary logarithms, like a Yelp or something, and someone posts a comment and let's assume that they make a negative comment that isn’t based in fact. Let's assume that they complain against whatever consumer business there may be, but they have not been a client of that business, but they are a competitor or a shill for a competitor and then place a negative comment on someone's Yelp review."
"Right."
"Okay. Here’s my… here's my issue."
"Okay."
"Yelp will not remove that unless you pay them to do it. Are you aware of that?"
"I… I’m not aware, but I don’t believe that is true."
"I know it's true."
"Okay."
"I've got clients that have come to me on this issue where they cannot get Yelp to take down a complaint that they've demonstrated is fabricated. People were never clients of the business and Yelp will not remove it unless the businesses sign up with them and pay them a monthly fee. So, here's the problem with this Bill. I understand we don’t want to have anything limiting people's freedom of speech, but then what 09900031.docx 14 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 I want to have is a corollary for the businesses that if its proved that they can show that this person was never a client… which… Let's use your… let's use your hotel as an example. Let's assume the person never stayed there, never ate in the restaurant, did nothing but just wanted to have a negative comment because perhaps he wanted them to use somebody else's hotel."
"Now, in the Bill it does say that would be a false and illegal statement."
"But it's not actionable because it's false. And the problem is…"
"This Bill does not all… this Bill does not prohibit any business from bringing action on to someone."
"But there's no action. So, perhaps we ought to have a corollary to this Bill and amend it to say, people have the right to say whatever they want, we won't allow… we won't say they can't, but if it's proven that it's incorrect and they were never a customer, or something to that effect, it was totally fabricated, then the… then the posting entity would have to have it removed. Because otherwise, what you can do is you could pepper a business with lots of negative comments that aren’t based in any fact at all, putting the business in the position of having to hire lawyers who go to court to try to have this removed and to have a defamation action, but they still won't have it removed. So, if we're going to have this, we should also require the posters, the posting agency, a Yelp for instance, to say then they have to remove it if it's proven because you can't just have it one way. And this Bill is only one way. So I think it's a good idea, but I also 09900031.docx 15 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 think the unintended consequence is we could harm a lot of businesses with this."
"Right. So, as you said, this… a person would… a business would be able to file a defamation suit. Now, I think that you gave yourself a good idea for a Bill for next Session."
"Well, can we… can we amend…"
"And then you could introduce a…"
"…why don’t we amend this in the Senate? Because I think this Bill makes sense, because I don’t want anyone ever to inhibit the ability of a consumer to have a complaint or… or a positive, but there's the corollary. It's not fair to the business if the person isn’t telling the truth, or never was there. But I think we ought to have a responsibility for those that are posting this to actually have to remove it because there is no way, right now, to get them to remove it unless you pay them, which is extortion."
"I agree with you and I'm… I'm willing… I'll ask some cosponsors on this too that if that's… I… here. I'm also here to protect the businesses…"
"Right."
"…and if that's a thing we'll… we'll… I think we should look at it at… in the Senate."
"Who's going to be the Sp… do you know who the Sponsor is in the… in the Senate?"
"No. There is no Sponsor yet in the Senate."
"Well, let's talk after this passes."
"But I… I agree with you. Our… our thing is not to allow people to put something false against the business. This might be something we could add on that… that the… that protects 09900031.docx 16 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 also businesses and protects the consumers first… speech right."
"Good. Well, let's do… let's work on it. Let's pick a Sponsor and let's amend it in the Senate. But I think it's a great… I think it's a great basis. I think it makes perfect sense, but let's just balance it."
"I thank… I thank you for bringing the suggestion."
"Thank you."
"Mr. Kay."
"Thank you, Mr. Speaker. I was not paying attention. Does the Sponsor yield?"
"He will yield."
"Yeah. Thank you. Jaime, I'm curious. I… I heard Representative Franks' comments and I think they were good. Tell me, if… if at all, how this affects boilerplate contracts."
"Well, I believe this… this will affect the boilerplate contract where it prohibits them from just introducing any language that would… that people probably won't even read about it. So, it… it doesn’t state that it's just specifically for boilerplate contracts, but it… it does state that it's for putting in within any contract. It doesn’t just target boilerplate contracts."
"Okay. Well, many… many times you don’t even know what's in those contracts, I guess is my point. Are you correcting that with this Bill?"
"Can you repeat it… the question…"
"Yeah. A lot… a lot of people, as an example, you go try and buy or… or get a cell phone from one of the providers in the 09900031.docx 17 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 state or the nation and you buy this package and all of a sudden you find out you're handed 8 or 10 pages of what, essentially, is a boilerplate contract. Nobody reads those. At least very few people do. Does this correct problems with a boilerplate contract?"
"Well, it… well, it… what it does say is that there… no boilerplate contracts will allow for this exact language, the provision that would waive your consumer right. Now, it does not bring to… does not affect all boilerplates, but it… it affects it where this boiler… you cannot add this provision into the boilerplate. I think it would…"
"So, your an…"
"…we would have to expand it…"
"…your answer…
"…and look at it different."
"…your answer is it does help fix any issue with the boilerplate contract pertaining to your Bill?"
"Correct. Just this prov… it would just be for this provision.”
“Okay.
“But it wouldn’t… it wouldn’t be an all-around boilerplate prohibition."
"Okay. Thank you, Representative. I think you have a good Bill. I'm going to support it."
"Thanks."
"Mr. Zalewski."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09900031.docx 18 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"I… Representative, I think there's some misunderstanding about what your Bill does. And I want to be clear about it because I think it's an excellent Bill. What your Bill does is say no business shall require as a condition of you using their service that you waive your right to criticize their service. Isn't that accurate?"
"Yes. That is accurate."
"So, by voting for this Bill, you're voting against stifling your First Amendment right to criticize a speech. Is that… or criticize a business or a service. Isn't that correct?"
"That is correct."
"Thank you. I… To the Bill, Mr. Speaker. This is an excellent Bill. It should get unanimous support in the… in the House."
"Mr. Thapedi."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I want to make sure that I understand correctly as well. You heard a hypothetical situation in which a business is plagued by unfair or untrue comments that are made on Yelp. Do you require… do you remember that discussion?"
"Yes. There was… it wasn’t a hypothetical is a real situation in New York."
"Okay. Be it a hypothetical…"
"Oh, okay."
"…or be it a real situation, you're familiar with that exchange that you had, correct?" 09900031.docx 19 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Correct."
"So, does your Bill in any way prevent someone from bringing an action for defamation, libel…"
"Absolutely not."
"…slander, anything?"
"Absolutely not."
"Okay."
"I believe it is actually in the language. It's in the language that this does… this Bill does not affect that right that a business has. It's actually in the language."
"So, as we heard in that scenario, if that were to occur, that aggrieved business would have the ability to file a defamation action against that consumer or that person that wrote that faulty and false review. Is that correct?"
"Absolutely. One… one hundred percent."
"Thank you very much."
"Mr. Andrade to close."
"I ask for an 'aye' vote."
"Those in favor of the Gentleman's Bill will vote 'yes'; opposed 'no'. The voting is open. Mr. Clerk, please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3667, Mr. Batinick. Please read the Bill."
"Thank you, Mr. Spea…"
"House Bill 3667, a Bill for an Act concerning finance. Third Reading of this House Bill."
"Mr. Batinick." 09900031.docx 20 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Thank you, Mr. Speaker. House Bill 3667 makes some technical changes to a wonderful Bill Representative Harris passed last Session regarding fleet vehicle fuel requirements. It clarifies that it's a passenger vehicle, not a vehicle, and that hybrids are considered alternate fuel sources. It's a technical Bill. I would appreciate an 'aye' vote. Thank you."
"There being no debate, those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Gordon-Booth. Mr. Clerk, please take the record. On this question, there are 114 voting 'yes' and 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3655, Representative Dan Burke. Please read the Bill. Mr. Burke, I understand there's an Amendment. So, the Sponsor requests the Bill be place… be placed on the Order of Second Reading. Mr. Clerk, read the Bill."
"House Bill 3655, a Bill for an Act concerning regulation. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendment #2, offered by Representative Daniel Burke, has been approved for consideration."
"Mr. Burke." Burke, D.: "Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 3655 would deal with the issue of eyelash technicians. This is the application of artificial eyelashes to a human's eyelids. The reason for the introduction of the Bill, there has been serious injury caused 09900031.docx 21 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 to many of our citizens here in Illinois as a result of improper treatment. And the Amendment would have to do with extending the sunset of the Barber, Cosmetology, Esthetics, Hair Braiding, Nail Technology, and Eyelash Extension Application Act from January 1, 2026 up to January 1, 2016. And the House Floor Amendment #2 is necessary because the House Committee Amendment was not adopted prior to the Bill passing out of the committee. Be happy to answer any questions."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. But a fiscal note has been requested but not filed at this time."
"Please hold this Bill on the Order of Second Reading. House Bill 3476, Representative Chapa LaVia. Please read the Bill."
"House Bill 3476, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Chapa LaVia."
"Thank you, Speaker. You look mighty fine today. Today, I present to you the Bill that exempts children of wounded veterans from paying tuition in public universities in Illinois. The tuition exemption applies towards a person otherwise qualified whose mother or father served in the armed forces. There are a lot of underlying requirements the child would have to meet to get those. I'll take any questions."
"Lady's moved for the passage of the Bill. Those in favor of the… Sorry. Representative Sandack is recognized." 09900031.docx 22 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I… we've seen a couple of Bills like this and I think there's, obviously, good sentiment behind it. What… what's go… this going to cost the universities?"
"Well, if you'd like, we can go ahead and put a fiscal note in it. I have no problem with that. I can put a fiscal note on it. We can remove it from the record and get that done for you. I have no problem."
"Oh, thank you. I mean, 'cause obviously, the intention is, you know, beyond repute and I… I think it's well intended. I'm just worried, and I think many of the Members of this…"
"No. That's fine."
"…that…"
"Speaker, can we go ahead and pull the… pull it off record and let Ron go ahead and do a fiscal note? Thanks."
"Those in favor of the Bill vote 'yes'… I'm sorry. You're pulling it out of the record. Thank you. House Bill 3543, Mr. Brown. Please read the Bill."
"House Bill 3543, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Mr. Brown."
"Thank you, Mr. Speaker. House Bill 3543 is an initiative of the IDFPR to extend the Savings Bank Act. Ultimately, the most major change here is that IDFPR may assess reasonable fees for any state bank or savings bank that does not maintain the insurance with the FDIC. There are some other minor changes I'm happy to discuss, if we have any questions." 09900031.docx 23 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Gentleman moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Feigenholtz, Leitch. Please take the record. On this question, there are 114 voting 'yes', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 369, Representative Conroy. Please read the Bill."
"House Bill 369, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Conroy."
"House Bill 369 extends the statute of limitation for cases of sexual assault in cases when there is a delay in processing the rape kit. Rather than starting the clock at the time of the crime, this Bill starts the clock at the time that the rape kit is collected, perc… processed, and analyzed. This will ensure that backlogs in processing evidence will not hinder a victim's right to seek justice. I'll take any questions. And I would appreciate a 'yes' vote."
"Lady moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Reis. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Mr. Phillips."
"I rise to a point of personal privilege."
"You may proceed, Sir." 09900031.docx 24 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"In the… people from EIU, would you please stand up? EIU TRiO, where're you at? Oh, there they are. Whoa, they moved. These folks are from the EIU TRiO of Eastern Illinois University. And also, we have the Student Action Team from EIU. So, I'd like for you to give a warm welcome to the folks from Charleston, Illinois and Eastern Illinois University. Thank you for coming today."
"Thank you, Representative. And thank you for being with us. House Bill 3718, Mr. Davis. Please read the Bill."
"House Bill 3718, a Bill for an Act concerning courts. Third Reading of this House Bill."
"Mr. Davis." Davis, W.: "Thank you very much, Mr. Speaker, Members of the chamber. House Bill 3718 is an attempt to amend something called the Juvenile Court Act. What… essentially, what we're attempting to do here is that the current legislation allows for the creation of juvenile justice councils. And essentially, in the… in Cook County, because the county is so large, juvenile… a juvenile justice county in the south… in Cook County could be different if you're talking about issues in the south suburbs versus the northern suburbs or western suburbs. So, what the intent of the Bill is, is to create a subsection of a juvenile justice council that could be focused in a particular region or area. In our case, we're specifically talking about the south suburbs. And so, the legislation is a way to allow for the creation of a local juvenile justice council in the south suburbs. The Amendment that was added to it helps to just further define who's on the council, who makes the appointments to the council, and 09900031.docx 25 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 how that council is to proceed. I'll be more than happy to answer any questions."
"Gentleman moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Sullivan. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3797, Representative Bryant. Please read the Bill. Is it on… I understand you have an Amendment, Representative? At the request of the Sponsor, please move the Bill back to the Order of Second Reading and read the Bill."
"House Bill 3797, a Bill for an Act concerning transportation. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative Bryant, has been approved for consideration."
"Representative Bryant on the Amendment."
"Thank you, Mr. Chairman. This Amendment basically becomes the Bill. It changes the cost of a… a spouse changing a title over to a living spouse as opposed to the deceased spouse. Taking it from $95 to 15 and bringing parity between that and another… another situation that also is $15."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 2790, Representative Fine. Please read the Bill." 09900031.docx 26 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"House Bill 2790, a Bill for an Act concerning health. Third Reading of this House Bill."
"Representative Fine."
"Thank you, Mr. Speaker. HB2790 will add adrenoleukodystrophy to the newborn screening list. Knowing your child carries the gene could be the difference between life and death. If your child is diagnosed with ALD, screening can go in to affect the myelin in their brain and a simple bone marrow transplant, not so simple, but that could allow them to lead a normal, healthy life. If it goes undiagnosed, most children die between the ages of 7 and 10. I ask for your 'aye' vote."
"Mr. Sandack."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Fine, obviously, again, it sounds like a very solid Bill. Is there an expense associated with your Bill?"
"I've worked with the DPH on this legislation and currently the newborn screening fee is $88, but that screening fee doesn’t cover the screens that they currently undergo. And, so they're asking to increase the screening fee, which is covered by insurance, to cover all the screenings that they do instead of having to go into their general revenue fund to cover it."
"So, as I understand it, it's $80 or so now. It would be an additional expense, but it would be all encompassing and it would also…" 09900031.docx 27 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Well, they put a figure in the legislation. That number, they said, it could be flexible and that could go up a bit. But that would cover everything."
"It would cover everything and… and I… did I hear you correctly, it would be covered by basic insurance?"
"I'm sorry, I can't hear you."
"Thank you. Thank you, Mr. Speaker. Representative, is it your understanding that this type of cost would be covered by insurance?"
"Yes."
"Thank you very much. Appreciate it."
"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? Poe. Mr. Poe. Please take the record. On this question, there are 114 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1490, Mr. Ford. Mr. Ford. Please read the Bill."
"House Bill 1490, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Mr. Ford."
"Thank you, Mr. Speaker and Members of the House. I move for the passage of House Bill 1490. This Bill sets up a task force or commission to study the problems with youth and unemployment in the State of Illinois."
"Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Sandack."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09900031.docx 28 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"La Shawn, could you just elaborate a little more on what the task force function is, how you see it working, and the… the composition of that task force?"
"Well, it… the composition, it would be made up by the leaders of the chamber and the hope is that we will meet with the universities in the state to make sure that we find out the pitfalls of individuals graduating from universities and why they can't find jobs when they complete their college degrees. And for those that may go to trade schools, we want to make sure that there are ways that we can help them meet their goals of finding employment in the state."
"Certainly noteworthy and important ends by this. Is there an expense associated with your task force, Sir?"
"Well… so, the members will not be compensated for their services."
"And… and what do you expect… is it… what do you think the expense will be for the compensation of these task force members?"
"There will be no compensation for members of the task force commission. No. None. Zero."
"Stipends? No… no…"
"No."
"…reimbursements?"
"No."
"All right. Great. And then, my analysis says, the University of Illinois is an opponent. Is that on the underlying Bill? Is that…"
"Right. They're no longer opposed because they're no longer the… the home office of the task force." 09900031.docx 29 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Thank you, Sir."
"Thank you."
"Mr. Meier."
"I would just like to change my vote. Should’ve been a 'yes' vote on the last vote."
"The record will reflect your intention, Sir. Returning to this 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? Bellock. Please record yourselves. Mr. Clerk, please take the record. On this question, there are 79 voting 'yes', 36 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3560, Mr. Butler. Please read the Bill."
"House Bill 3560, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Mr. Butler."
"Thank you, Mr. Speaker. House Bill 3560 creates the Utilization of Renewable Energy on State Owned Property Task Force, which will consider the financial implications of installing and maintaining renewable energy facilities on state owned property, the impact on property values in the community, and environmental factors relating to renewable energy. It will report back with a report to the General Assembly and the Governor by September 1, 2016. And I urge a 'yes' vote on this."
"Mr. Davis." Davis, W.: "Thank you very much, Mr. Speaker. Will the Sponsor yield?" 09900031.docx 30 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Gentleman yields." Davis, W.: "I'm looking for… oh, there you are."
"Over here." Davis, W.: "Okay. So, you… does your task force only address, I guess, sources of energy? Do you deal anything related to jobs? What that workforce looks like? Does your task force do any of that?"
"It specifically, I believe, refers to renewable energy sources on state property, not necessarily jobs." Davis, W.: "Renewable energy sources on state property?"
"That's correct." Davis, W.: "Okay. So, we're talking about having a solar farm on the grounds of a prison?"
"That is what this commission would study, if that would be a possibility, yes." Davis, W.: "If… when you say if it would be a possibility, so… well then, who would install if… if that was determined to be the case, who then… who would install a bid? Would that be an RFP process? Would we put out the bid generally by the state procurement officers? What… what would that ultimately include?"
"I believe that would be up to the agency, whichever agency would oversee the property." Davis, W.: "Okay. So, what you're just studying is the feasibility of adding renewable energy sources on to state property?"
"That's correct." Davis, W.: "Thank you."
"You're welcome."
"Representative Ives." 09900031.docx 31 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Can you talk to me a little bit more about the genesis of this task force, because, not just on public property, but certainly on private property there are concerns about property values when wind farms are located too near and other health concerns. And I'm just wondering if this will be… end up being more encompassing to look at that as an issue as well?"
"I believe the task force could look at a wide variety of issues on… on all sides of the debate when it comes to renewable energy. Whether it's concerns about placement of wind turbines or support of wind turbines or solar or anything like that, I think the task force could take a wide ranging view as to what the impact of renewable energy on state property would be."
"So, again, do you know who brought this up as a proposition? What's the… is there an ideological bent to whoever initiated this task force that we should be concerned about one way or the other?"
"Not that I'm aware of."
"Okay. Thank you."
"Representative Williams."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I appreciate your interest in renewable energy and I was wondering if you were familiar with the Green Caucus?" 09900031.docx 32 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"I am not familiar with the Green Caucus yet. Please enlighten me."
"Well, it's an organization of Members on both sides of the aisle that are interested in environmentally sustainable solutions to economic development issues and many other issues related to both st… the public and private sectors. And, because of your interest, I'd invite you to consider joining and participating and wish you the best of luck with your pursuit of more renewable energy sources in Illinois."
"Thank you very much."
"Thank you."
"Mr. Butler to close."
"Thank you, Sir. I urge a 'yes' vote on this. Thank you, Speaker."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Davis, Evans, Lilly, Turner. Mr. Clerk, please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2698, Mr. Franks. Please read the Bill."
"House Bill 2698, a Bill for an Act concerning employment. Third Reading of this House Bill."
"Mr. Franks."
"Thank you, Mr. Speaker. Well, I have the file in my office. This amends the Illinois Wage Payment and Collection Act in two ways. It increases the penalty for an employer who was able to pay wages but refuses to do so, which I think is 09900031.docx 33 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 very important. And it also increases both the look back period and the penalty for employers who are able to pay wages but refuse to do so multiple times. I'd be happy to answer any questions."
"Mr. Sandack."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Absolutely."
"Thank you. Jack, what's driving this? Is there… is there a…"
"Yeah. There's a… we've had a lot of res… reports, and I think you've probably seen in the media, where folks have not been paid for their overtime and where employers have actually changed the timesheets so they wouldn’t have to pay overtime."
"That's… that's horrible. And there's no question that's bad behavior, but why are we increasing penalties? I…"
"Because…"
"Are… are we not successfully…"
"No. Because it's…"
"…getting penalties paid now?"
"No. It's… what they're doing is it's not… it's… it's not stopping the behavior. And you know, we've got… there's a real debate right now going on about minimum wage in this state and other things. I think it's absolutely abhorrent and reprehensible when employers don’t pay people for what they're owed. And you're seeing it all the time becau… well, in many… in many instances… heck, we've even seen it in national… in national companies. There was recent findings that McDonald's managers were changing some of the timesheets on some of their folks." 09900031.docx 34 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Well, I mean, and… and right now, as the law stands, it's a misdemeanor to engage in that type of activity, right?"
"Right. And it's not stopping that activity."
"Okay. Well, that’s the criminal side when… and that's for law enforcement. But what we're talking about here is changing the Illinois Wage Payment and Collection Act and we're increasing penalties and my question is, are we not collecting the penalties now?"
"I'm sorry. What was the…"
"Are we not collecting penalties now from those not in compliance with the law?"
"It's not a question of collecting the penalties, it's a questioning of changing their behavior.”
“So…”
“Apparently, the… apparently, the penalties that we have now aren’t enough to stop people from ripping off their workers."
"And… and how many people are ripping off their workers, to use your parlance?"
"It's anecdotal. And what I've seen has mostly been in media reports. But there's a real… you know, during our depression a few years ago, workers didn’t have a lot of power. And they didn’t, you know, with… we had a high unemployment and unscrupulous employers were taking advantage of them. I presume that’s probably fallen recently with our unemployment rate also falling. But I think it's… it's particularly insidious to prey on the… on the people who are usually minimum wage workers who don’t have access to attorneys, don’t have the power to fight back, and if they 09900031.docx 35 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 complain to their employer that they're getting shortchanged, typically they get fired. So, when someone has the, I guess, the courage to stand up here, we want to… we want to stop this behavior. And the misdemeanors that we were giving before were not stopping that behavior. So, that’s the impetus of the Bill."
"Okay. And I appreciate all that. And my… my question, though, goes to actual analytics. How many people aren’t complying with the law and why are we doing this? Because if it's just anecdotal and/or it's, you know, just hearsay, we're… we're potentially changing the law to… to… from misdemeanor to felonies. And I don’t know that that's you know, a good thing without something really supporting the impetus for this change."
"There was a par… I left my file in my desk, but I can tell you, one of the…"
"Well…"
"…one of the notes I remember having is there was more than a $300 million lawsuit settled in Illinois just a few years ago on this issue. So, it's not an insignificant amount. I can't give you a dollar amount, but when you have a $300 million settlement a few years ago in our state, it's something that needs to be addressed."
"Well, Jack, let me just suggest, maybe that means the law as it now exists is working when you have a lawsuit at that type of settlement. But what I would ask, because I think this is too important to work off of anecdotal information, would you just hold it today? Would you take it out of the 09900031.docx 36 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 record and then we can debate it when you have your file in front of you so we have real information in real time?"
"Absolutely. That's fair."
"Thank you."
"Mr. Speaker, can we take it out of the record and I can get the information to Mr. Sandack?"
"Out of the record, Mr. Clerk. House Bill 2567, Representative Gabel. Please read the Bill."
"House Bill 2567, a Bill for an Act concerning courts. Third Reading of this House Bill."
"Representative Gabel."
"Thank you, Mr. Speaker. This Bill requires that prior to admitting a child under the age of 13 to a detention center that a determination is made that a local youth service provider cannot accept the child. It does not mandate that children ages 10 to 12 cannot go to a… into detention. And it is discretionary based on available resources. We're just trying to find an alternative, because detention, even for one day, for a child so young is really very harmful. The kids are isolated from their families, separated from school and community, leads to higher recidivism, 39 percentage points less likely to graduate high school with just one way in detention. So, it passed the Juvenile Justice Committee unanimously with no opposition, and it's an initiative of the Juvenile Justice Initiative. And it has the support of the Illinois PTA, Cook County Justice for Children among many other groups. And I'd appreciate an 'aye' vote."
"Lady moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting 09900031.docx 37 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Bryant, Davidsmeyer, Ives, Phillips, Sullivan, Tryon. Please take the record, Mr. Clerk. On this question, there are 82 voting 'yes', 33 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2547, Mr. Demmer. Please read the Bill."
"House Bill 2547, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"Mr. Demmer."
"Thank you, Mr. Speaker. House Bill 2547 is an initiative of the Illinois County Treasurer's Association and simply brings consistency to the statute by adding the qualifier, if known, for vehicle identification numbers. I know of no opposition to it."
"Gentleman moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Cabello, Cloonen, Sullivan. Please take the record, Mr. Clerk. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4112, Representative Gordon-Booth. Representative Gordon-Booth. Out of the record. House Bill 1335, Representative Greg Harris. Please read the Bill."
"House Bill 1335, a Bill for an Act concerning health. Third Reading of this House Bill."
"Mr. Harris." 09900031.docx 38 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Harris, G.: "Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill is known nationally as the Right to Try Act. And, I'm very glad that Senator Mike Connelly brought this to me to work in the House and the Senate in a bipartisan basis. And what this Bill does, it would make Illinois about the 14th state in the union to pass one of these laws that would give people who are terminally ill the ability to access drugs before they've completed the full FDA approval process. There is nothing that is mandatory in this Bill. It does not mandate insurance companies to perform any actions. It does not mandate pharmaceutical companies or business to bear costs. It is a totally voluntary and permissive Bill. But it is the last, best hope for people who are struggling with dread diseases, who've been told by their doctors that they have less than 2 years left to live, and who cannot wait for the 10-year FDA drug approval process to move forward. It's the last, best hope for some of our constituents. I'm very proud to carry it. I'm proud to give this hope to people who have no place else to turn. I'd be happy to answer any questions and I would ask for an 'aye' vote."
"Mr. Riley."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Greg, as you know, the IND process of the investigational drug process is a long and very complicated one. One of the first things that's tested is the maximum tolerated dose of a drug. Those are Phase 1 clinical trials. The drugs that you're talking about, is there a point where they have to at 09900031.docx 39 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 least have gone through some of the different phases of testing before… before…" Harris, G.: "Yes, Representative. That's a very good point. The drugs that would be eligible would have to have already passed the Phase 1 clinical trial. So, it'd be Phase 2 and higher."
"Here's my concern. Because I see which… what it is you're trying to do. Phase 2 and Phase 3. Phase 2, they're trying to find, you know, the best dose efficacy. Phase 3 are randomized trials where the investigational drug is pitted against a placebo or maybe a different treatment, excuse me, treatment arm. And it is at that point that we really find out whether the drug meets muster. And that's maybe another 3 to 4 to 5 years. One of the concerns that a lot of people have is that drugs don’t come to the market very quickly in America. And it's true in Europe, those phases go through a little quicker, but there's a lot of statistical rigor that takes place. And I'm just wonder… wondering about the safety of the individual and whether or not some drug company may look at this kind of Bill as a way to get around the IND testing process." Harris, G.: "No. I don’t think the drug companies look at that at all. And I think for the… the people who are involved, they are already diagnosed with a terminal illness. They've already been told by their doctors they have less than 2 years to live. They will have already exhausted all the approved treatment. This is the last ray of hope for these folks. And may there be risk, may it not work? That's always possible. But this is between the doctor and their patient to make that decision of, do they get this last chance at life if it's a possibility to save their lives?" 09900031.docx 40 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Well, Greg, could they… couldn’t they just get on a study? Couldn’t they…" Harris, G.: "If they qual…"
"…get on an existing study?" Harris, G.: "Some people do not qualify for studies. If you've looked ever at the clinical trial websites and their requirements. You may live in the wrong geographic area. The trial may have other requirements regarding coexisting morbidities that you could or could not have. You may fall out of a different age range. If that's the case, then these people have no hope. This is the right to have some hope."
"Okay. Finally, have ethicists… medical ethicists sort of weighed in on these kinds of Bills? Have you, you know, talked to people who…" Harris, G.: "Pe… people have…"
"…people who have an opinion about it?" Harris, G.: "People have weighed in, you know, frankly, on both sides of the Bill. So, I'm very glad that here in the State of Illinois, you know, we've worked with, you know, a lot of the interesting parties, you know, who have made suggestions to tighten up the Bill language. And I… I want to thank the medical society, the pharmaceutical industry, patient's advocates, the manufacturers, the Trial Lawyers on making this the best Bill that gives people, you know, who really have no other place to go a ray of hope."
"Thank you."
"Mr. Kay."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields." 09900031.docx 41 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Greg, I don’t see anything in here that would suggest the hold-harmless clause between the doctor and the pharmaceutical company providing this drug. Would you consider putting that in?" Harris, G.: "We… we talked with all the various stakeholders and people believe that the con… consent and waiver forms, it would be a contractual obligation between the individual who takes the drug and the pharmaceutical company who provides it would give that waiver."
"So, there would be… there would be no way that a disgruntled patient taking one of these drugs could go back, sue the doctors, sue the pharmaceutical company, especially in light of what Representative Riley was talking about?" Harris, G.: "Well, you know, Representative, these are people who have just months left to live."
"I understand." Harris, G.: "And I think these are people who are going to say, they're going to weigh with themselves, with their doctor, and with their family, this is my last chance, this is my last hope. You know, is… I understand there could be a risk. I understand it may not be totally effective, but this Bill would give them the ability to make that decision."
"But I… I think what you're saying is, that there is… there is no immunity here, so to speak, for a doctor or a pharmaceutical company with respect to the usage on a trial voluntary basis of a drug that's not FDA approved." Harris, G.: "In the other states, where it's done, it has been contractual immunity and that's what we would assume would happen here." 09900031.docx 42 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Could you repeat that again? I'm sorry." Harris, G.: "In the other states where this has been enacted and is in effect, it has been contractual immunity, not written into the statute."
"Okay. Thank you, Representative."
"Representative Flowers."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of the Gentleman's Bill. As he stated, this is a dying person's last try to extend their lives. And if this is their wish, they should have that right to try. And I urge an 'aye' vote. Thank you."
"Mr. Harris to close." Harris, G.: "Thank you, Ladies and Gentlemen. I'm just, you know, so proud to have worked on this Bill and I'm looking forward to Illinois becoming a leader in this issue, as we have in so many others. I appreciate my friends on the Republican side for working on this with me as well as Representative Flowers and Representative Beiser, you know, who also had versions of this Bill. And I 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 record yourselves, Members. Anthony, Cabello, Mitchell, Stewart, Zalewski. Mr. Anthony, Mr. Cabello. Please take the record, Mr. Clerk. On this question, there are 114 voting 'yes', 1 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Sims is recognized."
"Thank you, Mr. Speaker. On a point of personal privilege."
"Please proceed." 09900031.docx 43 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"In the gallery, in the Speaker's gallery, we have some wonderful students who are visiting us today from Chicago State University. They're… we've got members of the Honors College and other members of the Student Government Association. We want to welcome them to Springfield. They've rised, and everybody join and welcome me… them to Springfield."
"Welcome to the House chamber. Thank you for being here. House Bill 3241, Mr. Fortner. Please read the Bill."
"House Bill 3241, a Bill for an Act concerning land. Third Reading of this House Bill."
"Mr. Fortner."
"Thank you, Speaker. House Bill 3241 is the annual IDOT land conveyance Bill that provides so that they may dispose of certain properties. Be happy to answer any questions."
"Gentleman moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Flowers, Tryon. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2731, Representative Hernandez. Please read the Bill."
"House Bill 2731, a Bill for an Act concerning public aid. Third Reading of this House Bill."
"Representative Hernandez."
"Thank you, Speaker. House Bill 2731 basically strengthens transparency in the Medicaid Managed Care System. So, it would require the Department of Healthcare and Family 09900031.docx 44 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Services to publish monthly enrollment reports on its website as soon as possible but no later than January 1, 2017 on enrollment of Medicaid clients into the various care models. I ask for your 'aye' vote."
"Lady moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Mautino, Mitchell, Reaves- Harris, Wallace. Reaves-Harris. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3184, Representative Hurley. Please read the Bill."
"House Bill 3184, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Hurley."
"Thank you, Mr. Speaker. House Bill 3184 would change the law to say any aggravated assault against a peace officer, fireman, or emergency technician would result in a Class 4 felony. Class 4… A Class 4 felony of aggravated assault against a correctional officer, probation officer, and a process server already exist. I'm here for questions and I'd appreciate an 'aye' vote."
"Lady moves for the passage of the Bill. Those in favor will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Andrade, Flowers, Mitchell, Poe, Reaves-Harris, Zalewski. Please record yourselves, Members. Mr. Poe. Please take the record. On this question, there are 113 voting 'yes', 3 voting 'no'. And this Bill, having received the 09900031.docx 45 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Constitutional Majority, is hereby declared passed. House Bill 3213, Mr. Frese. Please read the Bill."
"House Bill 3213, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Mr. Frese."
"Thank you, Mr. Speaker. House Bill 3213 is an initiative of the Department of Veterans’ Affairs. It amends the Department of Veterans Affairs Act and the Nursing Home Act and has several… several things to highlight. Number one, it reinstates that the IDVA is subject to sections in the Nursing Home Care Act related to rule violations, review of involuntary discharge of a resident by the DPH and action against a home by a resident. I move for passage and urge a 'yes' vote."
"Gentleman moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Andrade, Flowers, Nekritz. Nekritz. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3425, Mr. Jackson. Please read the Bill."
"House Bill 3425, a Bill for an Act concerning business. Third Reading of this House Bill."
"Mr. Jackson."
"Thank you, Speaker. Ladies and Gentlemen, House Bill 3425 amends the Consumer Fraud and Deceptive Practice Act. House Bill 3425 would allow military personnel and veterans to request a free credit freeze from consumer reporting 09900031.docx 46 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 agencies. Under current law, consumer reporting agency may charge consumers up to $10 for each freeze, removal, or temporary lift of a freeze. Consumer reporting agencies may not charge a fee to consumers 65 years or older requesting replacement or removal of a freeze or victims of identity theft who have submitted a copy of a valid police report, investigative report, or complaint filed with the law enforcement agency to the consumer reporting agency. I ask for an 'aye' vote."
"Gentleman moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3103, Representative Kifowit. Please read the Bill."
"House Bill 3103, a Bill for an Act concerning business. Third Reading of this House Bill."
"Representative Kifowit."
"Thank you, Mr. Speaker. What this Bill does is, is a consumer protection Bill that creates a disclosure with regard to online ticket broker websites."
"Lady's moved for the passage of the Bill. Chair recognizes Mr. Sandack."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She certainly does."
"Stephanie, that was extraordinarily brief. And while I like brevity, could you expand a little bit on what your Bill does and why it makes good policy?" 09900031.docx 47 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Pretty much, this… this Bill addresses websites that pertain itself to be the venue of a event. And so, what this does is it provides disclosure that says that the online web vehicle is not the venue and it makes sure that the individual knows that where they are taking… where they are buying the ticket from."
"And what requirements now, under your Bill, would brokers be required to disclose? What information now would be mandated be disclosed?"
"Well, what they have to do is some of these websites do not have return policies. In fact, they have the opposite of return policies. They say all… all sales are final, which is not in accordance. So, it brings that into accordance that they have full refund policies in addition to disclosing that they're not the venue and that any refunds or any actions have to go through them instead of the actual venue of the theater."
"Okay. Last question. I… I didn’t see any opponents. Are you aware of any opponents to your Bill?"
"No. We worked with all the opp… opposition. And so, we removed all opposition from last year."
"Great. Thank you very much."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Costello, Nekritz. Mr. Costello. Please take the record. On this question, there are 116 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3977, Leader Durkin. Please read the Bill." 09900031.docx 48 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"House Bill 3977, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Mr. Durkin."
"Thank you, Mr. Speaker. House Bill 3977 is a response from the prosecution but also from the defense bar with the Illinois State Bar Association and brings some clarity to some evidentiary areas within our Code of Criminal Procedure, specifically, when it deals with this whole concept of forfeiture by wrongdoing with the unavailability of a witness in a… in a prosecution. What we are doing is that we’re repealing two Sections within the statute, which does cause some confusion within the trial bar and also in our courtrooms, and that's been laid out in certain cases we've seen from the Appellate Court. And what we are going to do, we're going to do what a number of states have done. We are going to adopt the common law, which is also the Federal Rules of Evidence dealing with the unavailability of a witness when a wrongdoing has been procured by a forfeiture of that… of the testimony by wrongdoing of an individual who's been charged with the crime."
"Gentleman moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Drury, Gordon-Booth, Sullivan. Mr. Drury, Representative Gordon-Booth. Mr. Clerk, please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Returning to House Bill 2698. Mr. Franks was 09900031.docx 49 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 kind enough to take this out of the record. I think he now has his file. Mr. Clerk, please read the Bill."
"House Bill 2698, a Bill for an Act concerning employment. Third Reading of this House Bill."
"Mr. Franks."
"Thank you. And I want to thank my friend, Mr. Sandack, for asking me to pull it out of the record and then had an opportunity to talk to him. What this Bill does is it increases the penalties for wage theft. And wage theft, as I said before, is particularly insidious. I can give you an example that happened in Chicago recently where a staffing agency placed workers in temporary minimum wage jobs and then they'd round their hours down to 8 per day regardless of how much they actually worked. And then they'd split the employees checks between temporary employers when they hit 40 total hours in a week in order to avoid paying these workers overtime. So, as a result, these employees initiated a class action lawsuit that rendered a judgment against their employer in the amount of a half a million dollars. So, this is why I came forward with the Bill. Our Criminal Code classifies theft from an individual in the amount of more than $500 as a felony while wage theft in the amount of $5 thousand is a misdemeanor. So, employers who break the law get a lighter penalty for stealing 10 times more than a petty street theft. So, that's why we need to change this law. I'd be happy to answer any questions."
"Representative Ammons."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09900031.docx 50 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"I… I really appreciate the intent of this Bill. I apologize for dropping your carrots. I am usually very concerned about enhancement penalties on Bills and have argued against enhancement penalties because we really want to work with departments to ensure that people have an opportunity to change. It looks like this issue has been ongoing and growing and the Department of Labor, who should be really enforcing this, has not done a good job in doing so. I also see a difference in equity around the penalties that are really a concern for me. So, in light of that, I stand and rise to support this legislation going forward and hope we can bring an end to this for low wa… wage workers in Illinois."
“Thank you.”
"Mr. Sandack."
"Thank you, Mr. Speaker. To the Bill. I appreciate Representative Franks' diligence and we had a nice conversation. I… my analysis still, however, is not supportive of this Bill. There isn't any meaningful data or analytics that compel a change in the law. And for those that are keeping score, just… yeah, we're going to take care of bad guys, I know… the Chamber, the Technology Manufacturing Association, the Association of Builders and Contractors, Department of Corrections, the Illinois Statewide School Alliance, and others, stand in strong opposition to this proposition. This is a… basically, a solution in… in search of a problem. The private sector is taking care of these causes of action. I think the Sponsor has identified lawsuits which have captured money when the law has been broken. 09900031.docx 51 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 There's no need to enhance penalties in this instance. I think we're sending the wrong message, again, to the business community that this is not a business friendly state. I suggest a 'no' vote. Thank you, Mr. Speaker."
"Mr. Franks to close."
"I appreciate the prior two speakers, but you know what I'm tired of? I'm tired of rich people getting breaks that regular people don’t get. I'm tired of it. Why should someone who steals $500, a petty street crime, get a felony, but because somebody's got a lawyer, can steal $5 thousand from their employees and they'll call it a misdemeanor. Do over, don’t worry about it, you've got money, you don’t have to go to jail. That's wrong. We need to send a message that everybody counts in this state and we don’t have two sets of justice for those with money and for those that don’t have money. That's right. It's a question of fundamental fairness. Listen, people who make minimum wage don’t have the power or the access that every person in this room has. They don’t have the power and the access that everyone who can afford an attorney has. People who make minimum wage are lucky to be living paycheck to paycheck, if. And then, when they're ripped off by changing their hours, there's nothing they can do about it because if they complain, they're going to get fired. So, why don’t we stand up for the people that we claim that we stand up for every day and level the playing field, and say that if you steal from somebody, that you're going to be treated just like any other person who steals? Please vote 'yes'." 09900031.docx 52 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"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? DeLuca. Please take the record. On this question, there are 69 voting 'yes', 46 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2705, Representative Hammond. Please read the Bill."
"House Bill 2705, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Hammond."
"Thank you, Mr. Speaker. House Bill 2705 makes some changes to the Children and Family Services Act. And specifically, with this legislation, after… six months after this Bill is in effect, the Department of Children and Family Services will have reviewed their regulations for grandparent visitation. And in addition to that, every five years they will review them again and make any necessary improvements or changes. Currently, they have legis… they have rules that accommodate grandparents; however, they have not looked at them and made improvements or changes to them in a number of years. So, I have worked with the department to encourage them to do so. And I'd appreciate an 'aye' vote."
"Lady moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Jackson, Zalewski. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional 09900031.docx 53 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Majority, is hereby declared passed. House Bill 2653, Representative Mayfield. Please read the Bill."
"House Bill 2653, a Bill for an Act concerning safety. Third Reading of this House Bill."
"Representative Mayfield."
"Thank you so much. I present a Bill today that I feel is a very good Bill that will make a big difference in our community. As you know, we've had a bumper pad Bill that has come before us for the last four years. And for those four years that we've been arguing whether or not to ban the bumper, we've not had safety standards in place that really would make it a definite benefit to the community. I would just like to point out that this is a business friendly Bill. And what this Bill does, it actually applies standards to the development of the bumper pads. There have been tests that have been completed by the Juvenile Products Division where they have then stated that these bumper pads can be made very safe. There are no instances, and I think this is really important to the… everyone in the chamber, there has not been one instant of infant mortality directly related to bumper pads, not one. There are advocates. When they were in committee, they could not present one case, not one. There are a lot of things out there that have attributed to infants being harmed, but bumper pads are not one of them. There are over 800 cases of infant immortal… mortality, but not one is related to a bumper pad. I'll accept any questions."
"Representative McAsey."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields." 09900031.docx 54 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Thank you. Representative, you've described this legislation as a ban of crib bumper pads, correct?"
"No, I did not. Actually, that was… that actually came from staff. I did not list it that way. What this Bi… Bill does, it provides standards. It sets standards for baby bumper pads. I did not put that up there."
"Okay. So, this legislation does adopt standards that are commonly known as the ASTM standard. Is that correct?"
"That is correct."
"Okay. What can you tell me about that standard?"
"I can tell you that there are over 13 thousand ASTM standards. And several of them…"
"So…"
"…pertain directly to juvenile products. There were products out there that were unsafe, such as baby cribs, but once we applied ASTM standards to those cribs, we now have safe products on the market. We have several products out there directly related to ASTM."
"Okay. So, first, I would disagree with several things that you just said. First, with regard to the regulation of cribs for children, those regulations have come from… from the Federal Government and the Consumer Product Safety Commission, with specific regard to the ASTM standard which you would adopt in your legislation. Are… under that standard, are you aware that not one bumper that is currently sold on the market would be banned?"
"That is correct."
"Okay. So…" 09900031.docx 55 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Because they would have standards applied to them. And as you know, the Juvenile Products Division has already done breathability stan… testing on bumper pads. They have actually taken it to a scientific level and stated that we can put a pad out there that is absolutely safe that we can put a stamp on that parents can feel good about. Are you aware, Representative, that by your own Bill and by your own information that you have provided to me, not one case have you been able to provide where there was a… one instance of infant mortality directly related to a bumper pad. This is by the information that you sent me, not one. You want to ban a bumper pad that has not caused one instant. Not one. You don’t want to work with the businesses. You don’t want to work with anyone. Your idea is just to totally ban them. And I say that is not the message we want to send the business here when there are standards out there. And we're bent over backwards to work with the advocates on this. This is a good Bill."
"Okay. So, I… I would disagree. To the Bill. So, the ASTM standard would allow for bumpers that are two inches, two inches in thickness. So, I do have an example of a bumper that would qualify, would pass that ASTM standard. There are… this… this standard is an implied endorsement with regard to the safety of a product that is inherently dangerous and unsafe. There is no beneficial use for a crib bumper. There are, contrary to what the Representative has stated, there have been infant deaths linked to suffocation and rebreathing with crib bumpers that would meet this ASTM safety standard. Representative, would you take this Bill out of the record?" 09900031.docx 56 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"No. Absolutely not. Because the information you're giving is incorrect."
"Okay."
"There has been not one instant. I've looked at all of the data you gave me. I looked at all of the data that I received from all your advocacy groups. I looked at the international data that they sent me. And not one instant has there been of a bumper pad that directly related to an infant mortality, not one. There have been other instances of… of suffocation that led from the side positioners. You know, the number that you… the data that you gave me, the majority of those were from side positioners that were used incorrectly that caused the children to suffocate."
"And those products have…"
"It was used…"
"…been banned."
"…incorrectly. Not the bumper pad. But yet, by your data, the side positioner that directly attributed to that baby's infa… to that death, you didn’t blame… you did not say it was the side positioner. Your data said it was the bumper pad when the actual coroner's report said it was the side positioner. You put out false information. You are giving false information to this chamber and to the community and you need to stop."
"Again, to the Bill. Personal attacks aside, this… this is a bad precedent for the State of Illinois. This Bill is supported by manufacturers of these children's products who are financial beneficiaries of their sale. There are 24, 24 opponents to this legislation. Twenty-four opponents, who 09900031.docx 57 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 include experts in the safety and the medical community. They include the American Academy of Pediatrics, Lurie Children's Hospital, EverThrive Illinois, Sud… Sudden Infant Death Services of Illinois, Kids in Danger, Voices for Illinois Children, The Ounce of Prevention Fund, and numerous others. The University of Illinois School of Public Health. Twenty- four medical and safety oppo… safety experts oppose this Bill because this provides a false… false sense of security to families. At the time that this standard was being adopted by the… by the ASTM Committee, the American Academy of Pediatrics was invited to comment on this standard and wrote in part, they cannot cast a vote in favor of measures to improve the safety of a product that we deem inherently risky and unnecessary. Here in the State of Illinois, we already ban this product in the use of child care because it is unsafe. I strongly oppose this legislation and the adoption of the ASTM standard. It's an extremely misguided approach. It implies… We are telling families that products that have been linked to child death are safe. It's just not conscionable. I urge your 'no' vote."
"Mr. Pritchard."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields."
"Representative, how long have you been working on this particular piece of legislation?"
"Actually, I just started working on it this Session. I did a lot of research. The Bill was brought to me and I said I would take a look at it. I wanted to actually look at what had been presented the last four years in this particular 09900031.docx 58 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 chamber. I wanted to look at the research that was behind the initial ban Bill. I went through every single one of those cases, every single one. I clicked on every single link that was out there. I read all the newspaper articles and not one instant was it directly related to a bumper pad. Even when I talked to the… the advocates in committee, they could not present one case, not one, where there was a direct link to a bumper pad. So, saying that we want to ban bumper pads when not one case, not one, can be directly attributed, I think is sending a wrong message. What's going to be next, the rattle?"
"Well, I hope not. So, Representative, we just heard that there’s a number of people in opposition. Have you talked with them? Do you know the nature of their opposition? Is it just…"
"They…"
"…philosophically they're against bumper pads, period?"
"They feel that bumper pads are an unnecessary accessory. And that's fine, but when you talk… 'cause I read through their, you know, what their recommendation was. They want to take the bumper pad out and they want to leave the blanket in. Well, there are over 500 infant's death directly attributed to the blanket that they want to put in the crib and not one to the bumper pad that they want to take out."
"So, you've worked with various groups in coming up with this language?"
"Absolutely. And I want to continue to work with them."
"And… and the standard, is it adopted by other states…”
"Other states…” 09900031.docx 59 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
“…used in other states?”
“I'm not sure if they have adopted for the bumper pad. I know that other states are looking at it. The Juvenile Products Division has actually gone to the scientific level to develop breathability standards for the bumper pads, which was what was requested by the advocates, but once the Juvenile Products gave them that data that said that, yes, these bumper pads can achieve your breathability standards, they said, well, you know what, we don’t want to work with you anymore because you didn’t give us the answer we wanted to hear."
"Mr. Speaker, to the Bill. Ladies and Gentlemen of the House, I think we have a good example of a Legislator that researches the issue, that looks at the options, that looks at the important safety standards that I think all parents are looking for. I would encourage an 'aye' vote."
"Mr. Brown."
"Thank you, Mr. Speaker. I move the previous question."
"Just… if you'll indulge me, Sir, there's only one more speaker. Representative Burke." Burke, K.: "I'd like to cede my time to Representative McAsey."
"Representative McAsey."
"Thank you, Mr. Speaker. There are a couple of issues that I want to clarify because I think that there has been a mischaracterization with regard to the process. So… so to… just with regard to that, this, for many Members of the Body… as I rose today, my intention was to speak about the merits and I believe the… the misguided approach of this… adoption of this particular standard. However, after I spoke, there have been some personal mischaracterizations and attack on 09900031.docx 60 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 the work that I have done. For several years, Members of this chamber know that I have been working with safe sleep experts as well as the medical community on this issue and have approached it from a research-based approach. I would ask the Representative, when she began drafting this legislation and chose to introduce it?"
"Representative, you already know the answer to that. It was this year."
"Okay."
"You know that because I have tried to work with you. We were on conference calls. The information from the Juvenile Products Division, you actually sent to me on March 22. And that stated that they could develop the breathability standards that your advocates asked for. But when those standard… when they came out with that report that we were all waiting on and it went against what the advocates wanted, which was to ban the bumpers, period, they were hoping for the scientific data to support what they wanted to do. And when it didn’t, they said, well, we don’t care. We're not going to go with your scientific methods. We don’t care how much money you spend. We want to take these out because we don’t feel they're necessary. Now, I'm sorry, that's a personal judgment. We should not be making business decisions based upon people's personal feelings but upon facts. And the fact of the matter is, zero, zero infant mortality directly related to a bumper pad, zero."
"Again, I would disagree with you. Preston suffocated in 2010 when he was found against the bumper in his crib. Aiden, in 2010…" 09900031.docx 61 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"How did they get against the bumper?"
"…had his face against bumper pads…"
"Because the cases you…"
"…that would pass…"
"…are referring to are directly related to the side positioners that flip the babies over and the babies suffocated. The fact that their backs were against the bumper pad did not suffocate that child. Now, you're being… you're being dishonest, I'm sorry. And the information that you're provided is not accurate. I went through every single case you gave me. I looked, I wanted to find one because I, you know… 'cause I told them, I would not support something that was going to be dangerous, something that would negatively affect our children. There was not one, not one. Even the advocates, the stories you're reading, the advocates…"
"So, to the Bill."
"…in committee, could not provide one."
"To the Bill. This legislation was introduced less than 24 hours after a negotiation with regard to interested parties on this issue, less than 24 hours later. At a time that I had agreed to delay implement… or introduction of the legislation that I subsequently introduced this spring. There have been many mischaracterizations and attacks with regard to the facts related to this legislation. I would reiterate that 24 opponents, including the American Academy of Pediatrics, who have very clear recommendations that all infants are to sleep in a crib on their back in a bare crib, that this legislation adopting a false industry written safety standard is in direct 09900031.docx 62 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 contradiction with that message. And for that reason, please vote 'no'."
"Representative Mayfield to close."
"Thank you so much. Ladies and Gentlemen, this is an emotional issue. Any time we're talking about children and harming children, emotions get involved, but we need to look at the facts here. And the facts are that we are looking to ban a product that has done nothing, zero incidents, not one. The advocates were given, time and time again, multiple opportunities to come up with just one case. And they couldn’t. They couldn’t find one case within the United States. They went outside of the United States. They went to Canada. They sent me data from Canada that still supported what I am doing here today because there was not one case directly attributed to a bumper pad. They want to blame a bumper pad simply because it was in the crib when there were so many other causes. ASTM standards, there are 13 thousand ASTM standards throughout the world. If these standards were not good, there would not be so many. They would not be used internationally. And for anyone to say that they are not valid is incorrect. We are using AT… ASTM standards for baby monitors, humidifiers, vaporizers, jogging strollers, car seats, safety gates, high chairs, bouncers, swings. We're using them for so many of our baby products already, and for someone in this chamber to say that those standards are not adequate when they have proven to be adequate, when the Juvenile Products Division has said, we can supply you with scientific data on the breathability factors that will guarantee that these children will not suffocate as a result 09900031.docx 63 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 of a bumper pad. We will even develop a hybrid if it would satisfy the advocates, but who were told… but when they… the advocates basically said, no, we don’t care what you do; we don’t care how safe you make this product, we don’t want it. And I think that is just wrong. I think that we need to do the right thing. We need to apply these safety standards. And we need to move forward. Let's send a message that we are probusiness here in Illinois. 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? Mr. Clerk, please take the record. On this question, there are 64 voting 'yes', 49 voting 'no', 3 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4097, Mr. Kay. Please read the Bill."
"House Bill 4097, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. Kay."
"Thank you, Mr. Speaker. This Bill amends the Missing Persons Identification Act. It provides that no law enforcement agency may refuse to accept a missing persons report on the basis of that person's mental state. Essentially, this is a local issue, but I'm sure it's happened many other times where police departments wait 24 hours before they receive a missing persons report. In the case of dementia and Alzheimer's, we need to make an exception. That's what this Bill does. I ask for an 'aye' vote."
"Gentleman moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting 09900031.docx 64 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 is open. Have all voted who wish? Have all voted who wish? Mautino, McAsey. Please take the record, Mr. Clerk. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3169, Representative McAsey. Is this Bill on the Order of Second Reading, Mr. Clerk?"
"House Bill 3169 is on the Order of House Bills- Second Reading."
"Go ahead. Please read the Bill."
"House Bill 3169, a Bill for an Act concerning civil law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments have been approved for consideration. No Motions are filed."
"Third Reading. Chair recognizes Representative Mitchell. Gentleman has waved off the Chair. House Bill 2812, Christian Mitchell. Please read the Bill."
"House Bill 2812, a Bill for an Act concerning public aid. Third Reading of this House Bill."
"Mr. Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. This is an agreed Bill and I want to thank the Hospital Association for working with me on this along with the AIDS Foundation. Basically, what this is about is how an explanation of benefits gets sent home. In some cases, there are sensitive services that the primary policyholder may object to. For example, if you've got a woman seeking treatment for domestic violence or you've got a treatment for reproductive health, for example, that may be something that may be objected to and may put the person potentially in danger of retaliation. This does not say that 09900031.docx 65 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 the explanation of benefits cannot be sent home, it can be at the request of… Mr. Speaker, could we… I can barely hear myself think. Could we get a hammer here? So, it provides that the explanation of benefits will not automatically be sent home in the case of a sensitive service. It can still be requested. The Amendment was, with the help of the IHA, clarifying that this is not between the hospital and the Managed Care Organization, but between the MCO and the recipient of benefits. Again, it is an agreed Bill. I look forward to answering any questions and I ask for an 'aye' vote."
"Gentleman moves for the passage of the Bill. Those in favor will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Anthony, Cabello, Riley. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Representative Mitchell." Mitchell, B.: "Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed, Sir." Mitchell, B.: "Ladies and Gentlemen of the House, I would like to introduce two young ladies who are my Pages today. They're Anna Wooters… Will they stand up? And Natalie Jeffers from Findlay, Illinois. They go to Okaw Valley School. Anna is the daughter of my legislative aide, who's in the gallery. So, would everyone give a big hand? Missy Wooters, who's been my LA for 16… 17 years, put up with me. Welcome to the House." 09900031.docx 66 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Welcome. Thanks for being here with us. House Bill 3359, Mr. Moylan. Please read the Bill."
"House Bill 3359, a Bill for an Act concerning safety. Third Reading of this House Bill."
"Mr. Moylan."
"Thank you, Mr. Speaker. The goal of House Bill 3359 is to ensure that all amusement park slides be inspected for safety. Currently, some slides are not inspected since they do not constitute an amusement ride. This legislation is res… in response to an accident where a young girl was severely cut and injured on a broken part of a slide that was not inspected. I'd respectfully ask for a 'aye' vote."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, this is the first I've seen of this Bill. How are amusement rides tested now? Apparently, not all of them are. I'm… I'm surprised. This is the first I'm learning that the local carnivals that not all the amusement rides are… are checked. How… how is that done now?"
"Correct. You're correct, Representative. A state inspector now inspects a majority of carnival rides. This slide, or a slide of this type, is not inspected and a young girl was severely injured. So, this is in response to a constituent request."
"Oh, I agree. And I… I understand what you're trying to do. Why was the slide… I mean… here's my question, I guess, let me ask it a different way."
"Sure." 09900031.docx 67 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"How many other rides aren’t being inspected? I… I'd rather have every ride inspected if my kids or, you know, nephews and nieces are going on them or my neighbor's kids. Are there any other rides that we ought to be including here so that all these rides are inspected?"
"Well, certain rides are not classified as amusement rides. This would make a slide an amusement ride, which would require to… to be inspected by a state inspector. I've… I do not have any information to answer your question about other rides that are not classified as amusement rides."
"That… that was my follow-up. Maybe we can talk about that after this Bill, but I appreciate you bringing this forward. We might need to expand it to make sure that all the rides are inspected so all of our kids are safe."
"Thank you, Mr. Representative."
"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? Hays, Morrison. Mr. Morrison. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 303, Representative McDermed. Please read the Bill."
"House Bill 303, a Bill for an Act concerning government. Third Reading of this House Bill."
"Representative McDermed."
"Thank you, Mr. Speaker. This Bill makes it very clear that severance agreements are subject to the Illinois Freedom 09900031.docx 68 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 of Information Act. Right now, they may or may not be included depending on what the government entity being requested decides to do. This Bill was passed by this august group last year and it got lost in the Senate. I would strongly urge you to show your wisdom again this year. We have had a number of incidents with severance agreements, as you all know. Please vote 'aye'."
"Chair recognizes David Harris." Harris, D.: "Thank you, Mr. Speaker. A question of the Sponsor?"
"Sponsor yields." Harris, D.: "Representative, severance agreements sometimes contain confidentiality clauses. Is that handled in this legislation?"
"No, it is not. Confidentiality agreement or no, it's subject to FOIA." Harris, D.: "So, does that and then… does that then, for all practical purposes, preclude confidentiality agreements with public bodies that might enter into a severance agreement?"
"Yes." Harris, D.: "Okay. Thank you."
"Representative Ammons."
"Thank you. Would the Sponsor yield?"
"Lady yields."
"I just wanted to clarify that your… your Bill actually protects negotiated severance agreements between the public body and people getting access to that agreement. But is there a term, how long this would be, or am I missing something on that?"
"What do you mean term?" 09900031.docx 69 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"So, after a certain period of time under FOIA, records can be declassified. As a former county board member, we could declassify certain things that was protected."
"The law doesn’t change anything about the underlying FOIA records retention…"
"Okay."
"…policies and laws. And it doesn’t change anything about confidential information, you know, people's personal information…"
"Okay."
"…that might be included in the agreement, going to Representative Harris’s question."
"And so…"
"So…"
"…in essence…"
"…if it's personal information…"
"…the law does what?"
"…it is excluded."
"Can you just… just in a couple of sentences, layman terms, really what this law will do?"
"People… taxpayers would be entitled to look at the terms of a severance agreement that a public body, subject to the Illinois Freedom of Information Act, would enter into."
"Okay. Thank you so much."
"Yeah."
"Representative McDermed to close."
"It continues to be an issue in the State of Illinois that terms of severance agreements are not necessarily open to the taxpayers who are funding them. I would strongly urge 09900031.docx 70 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 this group to vote 'yes' and make sure that taxpayers have access to information about these agreements that, after all, they are paying for."
"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. Drury. Please take the record. On this question, there are 114 voting 'yes', 2 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. I'm going to recognize Mr. Butler for a point of personal privilege relative to Abraham Lincoln, as I understand it. We are not completed with our business. So, Members, please stick around. The Chair recognizes Mr. Butler."
"Thank you, Mr. Speaker. And I would like to thank the Body for taking some time today on the 150th commemoration of Abraham Lincoln's passing. At 7:22 Eastern Time, on this day, April 15, 150 years ago, our state's greatest son passed away. And as you know, the legacy that he left behind, that he learned coming out of this Body, is second to none. Today is certainly a solemn day for our country. The life of our state's favorite son, as I said, came to an abrupt and sinister end that morning. It set about a time of… of mourning in our country that had scarcely been seen to that point, that culminated with President Lincoln's body returning to his hometown and his final resting spot at Oak Ridge Cemetery. While today is certainly a solemn occasion, I think it's also a day of celebration in Abraham Lincoln's legacy. It's proper that we honor Lincoln, someone who ha… came from this Body, who has his roots here in the Illinois House. I'm honored, 09900031.docx 71 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 today, even though I'm low man on the totem pole in this chamber, to represent the district that is largely the district that Abraham Lincoln represented in… in the House. Some of my Sangamon County colleag… colleagues share his area as well. But the area that I represent in Logan County, Menard County, and Sangamon County, is largely the area that Abraham Lincoln served as his four terms in the House. He was elected in 1834 to his first term at the age of 24 years old. He spent much of his time here working on infrastructure issues and internal improvements to our state. He also served as the Floor Leader for the Whigs. His greatest accomplishment, though, and as a resident of Springfield, his greatest accomplishment, with all due respect to some of my colleagues from the south, was moving the capital from Vandalia to Springfield with a group of nine Legislators, seven House Members and two Senators, known as the Long Nine because of their height. That's why they were known as the Long Nine. The impact that Lincoln's foresight in moving the State Capital to Springfield, the impact that it's had on this community especially, has been tremendous. For those… for those of you who make the trip to Springfield, we appreciate you coming to Springfield and you can certainly thank Abraham Lincoln for… for your trip here instead of heading to Vandalia, or Peoria, or Ottawa, or some of the other places that were considered when the… when the capital was moved from Vandalia. I know other folks are going to speak today, and I know there's going to be plenty of Lincoln quotes, I'm sure. And I invite any of you to… to speak and… and share your thoughts on Lincoln or your impact that he has on your 09900031.docx 72 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 life or your district. But the thing that… that, for me, about Abraham Lincoln is, he's not just a historical figure. He's not just the Gentleman who's up on the painting that oversees us every day. He is still a living, breathing person, not only in the United States, but around the country. We see him in TV commercials every day. We still have movies that are made about him. We have people who go to sporting events and dress up as Abraham Lincoln. We… you see him wandering the streets every day. He is in our lives every single day. I was just at Lincoln's New Salem a couple weeks ago. It was closed that day, but as I was wandering the grounds, there was two couples there, one couple from Japan, one couple from Russia, that had visited New Salem to learn more about Abraham Lincoln. That's the impact that this Gentleman has had around the world. The world wants to continue to learn more about Abraham Lincoln. His legacy of saving our union, his legacy of abolishing slavery, his legacy of… of reaching out to the other side with compassion, it's something I think that we can all live by. And as part of that, I would invite all of you to participate over the next few weeks as we commemorate Lincoln's passage back here to Springfield. There's events going on around the country. The National Park Service is having events at various sites around the country. Our state facilities are having various things. Here in Springfield, we've had a funeral coalition together for several years that will culminate in a commemoration the weekend of May 2 and 3. And if I will, just let me read a few things about what will be happening and who's participating in those. There are over 1100 Civil War reenactors attending for that weekend. Civil 09900031.docx 73 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 War era bands and other musical groups will perform over 38 musical events during the commemoration weekend. The recreated Lincoln hearse has been built by Vietnam, Iraqi, and Afghanistan veterans and those veterans will be in attendance. There'll be an all-night vigil of the hearse and coffin starting May 2. His excel… excellency, Ambassador Paolo Rondelli, Republic of San Marino, is planning to atten… present a 2015 Lin… Lincoln Funeral Coalition with a commemorative coin that has been created by his country. Also helping with this event will be the Lincoln Challenge Academy Cadets. We will be recognizing Gold Star families and we would certainly be honored for all of you to stay in my hometown of Springfield the weekend of May 2 and 3 and if all the Legislators could attend the commemorative opening ceremony, if you're available, Saturday May 2 at 11 a.m. at Washington and 6th Streets in downtown Springfield. You are more than welcome to help us celebrate the life of Abraham Lincoln, a man who rose from this Body to become the greatest President of the United States. I look forward to other remarks from my colleagues and thank you for indulging us today on Abraham Lincoln."
"Representative Scherer."
"Thank you, Mr. Speaker and fellow Members of the House. As we prepared to mark the 150th anniversary of President Lincoln's funeral, which occurred just down the street from here on May 4, 1865, we're reminded of the tremendous sacrifices Mr. Lincoln and his supporters endured to make this country a better place. Through my many years of teaching in public schools, we've… we've came to the Capitol many times 09900031.docx 74 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 on field trips and not just the new Capitol, but the old Capitol, Lincoln's home, Lincoln's tomb, and many of the other Lincoln sites. I remember when we came, many of you know, now deceased Senator Penny Severns, was so gracious in taking her time to spend time with our class and to teach them a little bit of Illinois history through President Lincoln and it's just always stuck with me. With that in mind, I'd like to just read for our Members a list of some things that you may or may not be aware of that are… are tremendous opportunities for you, your family, or your constituents to come and observe here in Springfield. There are two State Capitols where Lincoln served as a Member of the Illinois House. Two courthouses where Lincoln practiced law on the judicial circuit. The tomb where Lincoln, his wife, and three of his children are buried. Nowhere else on earth can you find so many places that physically connect you to Lincoln's life and times. The State Lincoln Collection includes lessons Lincoln wrote as a young schoolboy, the original tombstone from his son Eddie's grave, a copy of the Gettysburg Address written out by Lincoln himself, the Constitutional Amendment ending slavery, signed by Lincoln and Members of Congress, a signed com… copy of the Emancipation Proclamation, and the pen that Abraham Lincoln used to sign it, the gloves Abraham carried and the fan Mary used on the night he was shot, both are now stained with blood, the only surviving picture of Lincoln in his casket, a flag carried by a sandwich vendor at Lincoln's funeral, the stars on the flag spell out free in honor of emancipation. No other collection has so many artifacts and documents covering Lincoln's entire life from boyhood to 09900031.docx 75 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 death, and from great triumphs to his personal tragedies. I'm extremely honored to represent the 96th District of Illinois, which contains President Lincoln's home, his law offices, and his Presidential Library and Museum. These landmarks continue to provide thousands of visitors every year with an in-depth look into the life and work of President Lincoln. And I hope we, as a Body, continue to support their efforts. I also commend Representative Butler and the others who have comments to share with us today. Thank you very much and I yield back."
"Mr. Pritchard."
"Thank you, Mr. Speaker. Ladies and Gentlemen, there's been hundreds, perhaps a thousand books written about Abraham Lincoln and the various contributions he gave to society. I would encourage you to look at those and to read some. I think one that has made a lot of difference for me is Lincoln on Leadership, where we look at his style of incorporating those who opposed him for the Presidency as a part of his Cabinet. Doris Kearns wrote that in The Team of Rivals and really gives life to the differences and the ways that the President worked. We can look at the accomplishments that he made and I think we would all be impressed by how one President can change society as much as he did. Certainly, keeping our union together. Certainly, giving people the right of freedom and independence. But also, and what's been important to me as one who's involved in agriculture, is his contributions with the Land Grant Act. With the Homestead Act, whereby farmers could occupy federal land at that time. And whereby, we created land grant universities, like the University of 09900031.docx 76 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Illinois, to study and to research technology and engineering and agriculture, and now so much more. Where he set up the National Banking Act and the Transcontinental Railroad to keep this country together at the time. The list could go on and on, but I think the important lesson for us to take from Lincoln's life is how no matter how stressed we may be, how focused we may be on one particular objective, there are so many things that we are asked to address. And he gave us a great example of that. I encourage you to read more about our 16th President."
"Mr. Bradley."
"I don’t feel worthy to speak on Lincoln. But I'm reminded of the quotation of Edward Stanton, his Secretary of War, who took over command upon Lincoln's assassination and shooting in Ford's Theater that evening. A hundred and fifty years ago today, at the time of Lincoln's death, Edward Stanton remarked, he belongs to the ages. He served in this Body in which we serve. He walked the streets that we walk. He practiced law in the building near where we walk by and near where we work every day. He laid his head down in a home a few blocks from here. Some have criticized him over the years and made remarks about him. And as my law partner told me upon my beginning the practice of law, how could he have not been overwhelmed by the enormity of the issues that he faced, personal and professional? Abraham Lincoln was the greatest of his generation, perhaps the greatest of any American generation. And he is an inspiration to all of us as we undertake to deal with issues today as Representatives in the Illinois House of Representatives, Lincoln's Illinois 09900031.docx 77 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 House of Representatives. Let us be reminded of the people that came before us, the shoulders upon which we stand. And in the words of Sandburg, Abraham Lincoln, a friend of mankind, a friend of womankind, a friend of all people. Abraham Lincoln, the greatest among us, who saved our nation, saved our world, and is an example for us as we move forward. Mr. Speaker, I stand and recognize the legacy of the House of Representatives, the House of Abraham Lincoln."
"Mr. Moffitt."
"Thank you very much, Mr. Speaker. And to Representative Butler, thank you for organizing this and all the events that are going on. I know other people have worked with you, but I commend you for that. You mentioned that… a number of communities were involved with Lincoln's political career and one of them that had a part in that was Galesburg and it was the debate sight of… between Lincoln and Douglas back in 1858. And then you know, run… really on the road to becoming President, but that one was for U.S. Senate. That debate was held October 7, 1858 and according to press accounts, over 15 thousand people attended that debate there at Knox College in Galesburg, which is the only standing site of a former debate. And I think that was the fifth of the seven debates. And it was after that debate that… the series of debates that really brought some issues forward and it provided at least two very important things, those series of debates and… and… first is, that it elevated Lincoln to the national political stage, starting in 1858 and then, of course, 1860, being elected President and probably we're only the United States of America today in large part because of Lincoln. But it… that was a 09900031.docx 78 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 big step in elevating him to the national stage. And the second big issue that was elevated to the… to the national level then was the issue of… of slav… slavery and the very national debate that was going on and of course, would follow Lincoln on to the Presidency. It was in Galesburg, and it's hard to imagine some… what they were really debating then, but Lincoln said of his opponent, just a quick quote from the speech… the debate there, he referred to his opponent Douglas's position he said that Douglas was blowing out the moral lights around us when he maintains that anyone who wants to have slaves has the right to hold them. And then Lincoln went on and stated very clearly his opposition to slavery. And he said, I belong to the class who contemplate slavery from three… against it from three standpoints; moral, social, and political evil is what he referred to it as. And he stated it very clearly there in… in Galesburg. I think it was important that those debates were held. Proud of the role that Galesburg played in hosting the… the debates there. And many good comments have been made and some more will be made, but I think it's important as we commemorate this 150 anniversary of the death of President Lincoln, that we should remember that Lincoln gave us a lot that we can follow today. He gave us a plan, a model, a framework for democracy, for freedom. He laid it out there and whether or not it continues is up to us, each generation that follows. And we need to keep that charge and… and keep that dream alive that Lincoln had of what a free country, a free people should be about. It's an honor to have this recognition today. I've served in the House quite a few years. Lincoln had left before I 09900031.docx 79 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 started. But one of the highlights of my tenure in the House was in the renovation of the current chamber that we're in right here. The Illinois House met in the Old Capitol, and a few of you around the room, Mr. Speaker being one of them, would remember meeting over there. And I'll have to say that meeting in the very room where Lincoln served was an extreme, humbling, and important time of service. To think the decisions that were made in that room, and I sat near the west window and I could see the dome of this Capitol, the new Capitol, from the Old Capitol over there. But to think that we were serving right there where Lincoln had served, the room where he gave that famous speech, a House divided against itself cannot stand. And so, that truly is one of the highlights of… of my tenure here is to have had an opportunity to literally serve in the same room. And, as I said, I have to tell my grandchildren, no I didn’t serve with him, but served in the same room as Lincoln once served. So, we're… a lot of us have a lot of differences, but I think we unite around our… our… the heritage we have, our connection we have with… with Abraham Lincoln. So, thank you, and we need to continue to observe important contributions, important people that have… have served here and keep their model, their ideas of good government alive. Thank you."
"Mr. Cavaletto."
"Thank you, Mr. Speaker. The Lincoln Presenter's Convention will be held this weekend at the old capital in my district in Vandalia, where Abe served from 1834 to 1837. And he was paid $4 a day. There will be close to 100 Abes come to Vandalia this weekend and many Mary Todds. Lunch will be 09900031.docx 80 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 served on the Capitol at noon and all are welcome. I have office hours in the Old Capitol about every week… every month during the summer and people come to visit. Sometimes I'm in a room in the… where the Treasurer's Office is and I'm sitting there by myself. And it's as quiet as this. And I swear sometimes I hear footsteps upstairs, but I know that isn't true. But it is a hallowed place. I'm so humble to be able to sit in there and to think about what was going on in 1837 in this place. And what were they talking about? And I understand Abe jumped out of the window one time to avoid a vote. That's the story they tell on Abe in Vandalia. But it's a great place to visit and if you have never been there, take time to drive down, come over on 57 or 64 and stop at the Capitol. And I know you'll get a great tour of the facility with people who know a lot of stories about Abe. And I for one, happen to think he's the greatest President that ever lived and will be hard to pass. So, God rest in peace, Abe."
"Representative Hammond."
"Thank you, Mr. Speaker. And like many of my colleagues, I, too, have the privilege of having a number of landmark… places in my district that Lincoln left his footprint. We… Representative Moffitt mentioned Knox College, certainly. It… it is a extremely historic spot. There are a number of… of stops in Cass County that Lincoln visited and has great history. And you feel humbled when you are surrounded by any presence of Lincoln, as… as we do on this side of the aisle with… with the portrait of Lincoln. And I think that when we… we read his quotes, when we read his lessons, we can learn a lot from President Lincoln. And just two of those that I might 09900031.docx 81 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 share is, the best way to predac… pretic… predict the future is to create it. But I think a more important quote, and I think a bit of advice that President Lincoln would’ve shared with all of us is, better to remain silent and thought a fool than to speak and remove all doubt. Thank you."
"Representative Winger."
"Thank you, Mr. Speaker, and Members of the House. Illinois's Abraham Lincoln left a legacy that has lasted 150 years after his death and I have no doubt it will last 150 more. His legacy is one of fearlessness, commitment to principles, and love of country. And while history has made Lincoln a hero, he was not always valued in his lifetime. When I was a child, like many Illinoisans, I was inspired by the 16th President of the United States. I was inspired by his resilience and integrity, his battle to abolish slavery, by his masterfully strategic efforts to unify a torn nation, by his love and adoration for his family; and he was one of us, an Illinoisan. Now that I’m an adult, I admire him for pris… precisely all the same reasons. Lincoln frequently asked himself, what has God put me in this place for? He strove to live a meaningful life and followed a path that would ultimately lead him to his calling. How hard, oh how hard it is to die, and leave one's country no better than if one had never lived for it, Lincoln once lamented to his law partner, William Herndon. To that, I say, Mr. Lincoln, you lived your life admirably and when you died you left your country appreciably better off. We are a grateful nation. Thank you."
"Mr. Wehrli." 09900031.docx 82 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Thank you, Mr. Speaker. I'm humbled to stand before this Body today and honor President Lincoln on it’s 150th anniversary of his passing. He is well known for his impact on the global stage, the State of Illinois, but his impacts are also felt locally. In 1836, when there was the discussion on moving the co… the State Capital from Vandalia to Springfield, he was joined by then a freshman Legislator, someone who's very important in my hometown, Joseph Naper. Joseph Naper wanted to move the capital to Springfield, but in order for Abraham Lincoln to get his vote, he wanted to carve out DuPage County out of Cook County. That stands today. I know many in DuPage County are very thankful for that action back then. I am humbled and honored to stand and recognize the great leadership and vision of what I consider to be our greatest President."
"Representative Ammons."
"Thank you, Leader. In recognition of President Abraham Lincoln, I pray that he and his spirit is well received in Heaven. I also thank him for all of his leadership he has given to this country. Many of those… I was blessed to learn about him and many of his quotes through one of the books that I really appreciate, Lincoln on Leadership. One of the things that I believe we are still faced with today is part of the argument and the legacy that Lincoln had to face, one of the most difficult things in human history, and that is the enslavement of African people in the Americas. Lincoln had the greatest challenge of all time to deal with a moral, ethical, political, and social problem that I believe and many of us continue to face to this day. And as I think about 09900031.docx 83 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 my ability to study, listen, and learn from Lincoln, I'm reminded of a statement that is in the book of… by Frederick Douglass. And Frederick Douglass recounts his one visit with the President at the White House at the time. And he's speaking to him about workers' rights. And Mr. Douglass writes in his memoirs that he was one of the most well charactered persons he had ever met. He speaks of him as a great listener. And as he battled this issue of emancipation, it was fraught with personal conflicts inside of the President. And I… I'm reminded of a book called Forced into Glory, by Dr. Lerone Bennett. I encourage people to get it, because it really talks about this internal struggle that Mr. Lincoln was facing. And so, I am encouraging, as a Member of the former Champaign County Board, that we have a great memorial to our President in our community because part of his circuit was Champaign County. I encourage us, as we do commemorative celebrations, to remember those struggles that he experienced and many of the Legislators in the U.S. House experienced at that time and to not forget about the great disadvantage many people of color that I represent are experiencing today as a result of the enslavement of African peoples in this nation. And so, I am thankful to see Mr. Lincoln, and to learn of him, and to learn of his struggles. And I'm thankful to our colleague for bringing this today, of which I was not aware that he would, but I'm glad that he did. And I encourage people to really study the President and the work that he did."
"Mr. Butler to close."
"Thank you, Mr. Speaker. As you can see, Lincoln is as relevant today as he was 150 years ago. And Lincoln knew how 09900031.docx 84 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 to cut a deal as well. So, that's… he… he has a wonderful legacy. I'd like to share just a few brief words from Lincoln's farewell to his hometown when he left to go to Washington on the train when he… after he was elected President. 'My friends, no one, not in my situation, can appreciate my feeling of sadness at this parting. To this place, and the kindness of these people, I owe everything. Here I have lived a quarter of a century, and I have passed from a young to an old man. Here my children have been born, and one is buried. I now leave, not knowing when, or whether ever, I may return with the task before me greater than that which rested upon Washington.' Lincoln did return to Springfield. Unfortunately, he did not return alive. And in his memory and celebration of his life and his death, I would ask for a moment of silence. Thank you, Mr. Speaker."
"Thank you, Mr. Butler. And thank you to all. You may be seated. We're going to continue our work down the Calendar. The next Bill is House Bill 1524, Mr. Rita. Excuse me, 1424, Mr. Rita. Please read the Bill."
"House Bill 1424, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Mr. Rita."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is the extension… extension of the Sunset Act for the cosmetology and barbers registration. This is agreed legislation between the industry and the Department of Professional Regulation. I don’t know of any opponents. We just put it in line with all the other licensure Acts that 09900031.docx 85 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 we've been us… approving for another 10 years. I'd ask for a favorable vote."
"Gentleman moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Feigenholtz, Hoffman, Ives. Feigenholtz, Ives. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3457, Mr. Meier. Please read the Bill."
"House Bill 3457, a Bill for an Act concerning finance. Third Reading of this House Bill."
"Mr. Meier."
"This is a very simple Bill. It has to do with handicap parks. In… in the awarding of grants in the State of Illinois, and I know there may not be any grants going out this year, but in the future, our handicap parks are very expensive and they cost quadruple the normal price. So often, these parks are overlooked whenever awarding grants. We're not asking for the same percentage to be funded, but we're asking for them to be considered in… in awarding of grants. So if they're giving 20 thousand to parks, these parks would also receive 20 thousand instead of being looked over. It gives… it gives the war hero, who lost his legs, a chance to take his child to the park to take him up on the slide, or the grandparent, or the handicapped child a chance to get to the top of the slide. That's what this Bill is about."
"Mr. Franks." 09900031.docx 86 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I understand the intent of the Bill, I'm just not sure how it would work. When you say that the Department of Natural Resources shall give preference to grants for handicap accessible playground equip… equipment, what do you mean by a preference?"
"I mean, the fact that a park that is maybe smaller than a normal park costs four times more. No funds are given to that park at all because of the cost of that park. These communities and these parents with handicapped kids raise all funds for those parks because of their cost. What I'm saying is, somewhere in the application, IDNR should say, we realize this is a very expensive park, we can't fund it 50 percent like we're doing the other parks. But why can't we give them 20 percent or 15 percent to go allow and let this group go forward and build these parks and receive funds like the other parks are receiving?"
"I get that. But I'm not sure how that works with the Bill. Are you requiring that there be specific amounts given? I… 'cause when you say a preference, does that mean that they will get 50 percent of the new grants that are coming, or what does it mean?"
"No. It just means that they are added to the list of things that receive preference. Priority."
"Okay. But what does that mean in real terms? So, let's assume they get a preference, or a priority. Does it mean that they get funded before another park?" 09900031.docx 87 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"It means that they no longer do not get funded because of they are too expensive. They stand the right to be funded."
"I see. But there's no requirement that they be funded but…"
"There is no requiring, but it's the fact that they've often been turned down because these parks are so expensive. They've received no funding."
"I see. So at least now they'd have the opportunity to apply for funds and to get a portion of it reimbursed?"
"And hopefully get a portion. Maybe not as large as the portion of other parks, but they at least get some funds."
"Okay. Thank you."
"Mr. Sandack."
"Mr. Speaker, I'd like the record to reflect that Representative Ives is excused for the remainder of the day, please."
"Thank you, Sir. The record will so reflect. Those in favor of Mr. Meier'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? Golar, Wallace. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3763, Representative Scherer. Please read the Bill."
"House Bill 3763, a Bill for an Act concerning appropriations. Third Reading of this House Bill."
"Representative Scherer."
"Thank you, Mr. Speaker. Today, I'm presenting House Bill #3763, the AFSCME back pay Bill. This Bill has bipartisan 09900031.docx 88 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 support with many Sponsors. This will pay the contractually agreed upon back pay to hard working people in Illinois. I'd be happy to answer any questions and would appreciate an 'aye' vote."
"Mr. Sandack."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, could you just give a little detail on how… you said it was a bipartisan product, how the numbers came about, what it seeks to do, and where the money's coming from?"
"Okay. What this is, is money that was contractually agreed upon in 2011 with the AFSCME workers and the Governor. This money has been argued about. Last year, we paid 45 percent of it back, and now, we're asking for the other 55 percent to be paid back in the 2016 budget."
"And do you know, by the way… you said it goes back to 2011?"
"It's the oldest unpaid bill."
"All right. And… and what's the total amount of the oldest unpaid bill? Do you know, I mean, the total sum?"
"Of what's still due?"
"Yes."
"Sixty-three point two million dollars."
"And… and is this… basically, what is this comprised of? Is it overtime, is it unpaid work? Where… what's the sum? Where does this number come from and what does it…"
"This is the back pay…"
"…comprise?" 09900031.docx 89 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"…of their wages…"
"Okay."
"…that was not paid as they were contractually agreed upon."
"Got it. And is there any debate on the fact that this work occurred and it… and that wages are owed?"
"Pardon me? I couldn’t hear you."
"Is there… is there any debate on the fact that the work occurred and the… that these back wages are owed?"
"There… it's contractually agreed upon. And the judges have already ruled that we have to pay the money. We're paying interest on the money every day that this bill goes unpaid. And if it doesn’t get agreed upon in this House today and then furthered on through the Senate and to the Governor signing it, the Attorney General said they're going to appeal the ruling. And if they appeal it, that's just going to cost us a lot more money."
"And do… do you know why, going back to 2011, Representative, why it wasn’t paid? What… why weren’t these wages paid?"
"Because the money wasn’t appropriated in this Assembly."
"All right. So, with respect to the… your Bill right now, this would be obviously appropriated dollars that we would need to pass out of the House, the Senate, and the Governor sign?"
"Yes."
"And it would be part of 2016 budget?"
"Yes." 09900031.docx 90 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Hang on one second. Do you know, Representative, if there's any opponents to your appropriation Bill?"
"I don’t know of any opponents."
"Okay. And obviously, if it gets out of the House and Senate and signed, that ends any litigation; there's no more interest and expense. And we get this… this issue finally is resolved."
"My understanding is that once the bill is paid then, of course, it wouldn’t accrue interest beyond that."
"And that's it then, right?"
"Yes."
"Thank you. I appreciate the answers to the question, Representative. Thank you very much."
"You're welcome."
"Mr. Phelps."
"Sponsor yield?"
"Sponsor yields."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Representative Scherer… Scherer, some people say this is the AFSCME back pay Bill, correct?"
"Correct."
"But this is not just AFSCME. It's members of the IFT, the laborers, the Teamsters, and other union members that's owed this money, correct?"
"That's absolutely right. I think it's just called AFSCME because they're probably the largest portion of the group. But it's actually hard-working people from all over the State of Illinois in several different unions." 09900031.docx 91 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"The State Nurses, the Police Benevolent, all those, right?"
"Absolutely, and even more."
"To the Bill. All old workers, regardless of their union, are going to get what they're owed under this Bill. And Representative Scherer is right, everybody needs to understand, there is a court case, the judges have decided that they have to be paid. Every single day that we are not paying this, we are paying interest on this. And the longer we wait, the more money we're going to be wasting on taxpayers. Vote 'aye'."
"Mr. Costello."
"Thank you, Mr. Speaker. To the Bill. And as Representative Scherer and Representative Phelps have both said, these are people who have done the work, they are owed money by the State of Illinois. Contractually owed money by the State of Illinois. Representative Scherer, thank you for bringing this Bill. These people should be paid. I recommend an 'aye' vote."
"Mr. Sullivan."
"Representative, looking back in time, this was four or five years ago that we had a discussion about potential raises in the AFSCME contract?"
"It was from 2011, yes."
"2011, four years ago. Math does work. So, trying to get to the historical concept or the… the idea of what took place in that time frame. We were under budget restraints and we decided that we probably couldn’t afford those raises. Is 09900031.docx 92 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 that your recollection of what took place back four years ago?"
"Actually, I was teaching school four years ago."
"Were you?"
"But…"
"I thought you'd been here more than four years, sorry."
"But from the record, the judge has made the ruling that this was contractually agreed upon work."
"I don’t know that we actually disagree at that point, quite frankly. And… and we know what the ruling was. I'm trying to get more to the… the nuances of what took place in this chamber and why we made budgetary decisions back in time to, in essence, say, you know what, maybe we can't afford these at this time, we're not going to fund them. Can you kind of expound upon what you believe happened at that time?"
"I guess if you were here, then you would know better than I what exactly was said."
"Well, and it’s…"
"I… I just feel like this."
"Sure."
"Maybe people in this chamber don’t want to pay this bill. But if you don’t want to pay this bill, then why do you want to pay this bill and interest and the cost of an appeal? That makes no sense. The courts have ruled. This is what has to be paid. I don’t understand, this is your basic kick the can down the road. Anyone that ran their house like this would be broke in a heartbeat. For whatever reason, this Legislature, before my time, chose to make such a decision, just like they chose not to pay the teachers amount into the 09900031.docx 93 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 pension that they were supposed to pay. For some reason, they're okay with paying that plus interest. I think that's horrible budget mindedness. And by the way, I hope no one chooses to jump out the window right now to avoid this vote."
"So, Representative, that was a great speech. And I… I love your dedication to your cause and your Bill. You… same… similar could be said of the budgetary decisions that have been made in the last few years, about kicking the can down the road and having to pay interest on a lot of other things too. So… but I… I digress a little bit. More than anything, I'm… I'm just trying to bring this all together a little bit and you know, understand a little bit of how we got to the point… Oh, hang on. Bad timing, Senator. Can we have the Senators removed from the chamber?"
"That request is in order at any time when I'm in the Chair. The Senators will retire to the rear of the chamber where they belong. Please proceed with the debate."
"Okay."
"Mr. Sullivan."
"Okay. Sorry. We got a little off track there with the Senators and their issue that they have. So back to the discussion. The historical content, as we had a AFSCME contract, lots of raises in a time when most people saw their incomes fall. Some of us disagreed with some of these large raises. Maybe we probably disagreed with how the contract was signed with this Governor around an election time. And so, I… I just want to bring the historical context into how this happened a little bit. And I don’t know if you have to share… 09900031.docx 94 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 share a con… you know, do you have anything more to say in regard to that?"
"The contract is the contract."
"The contract is always a contract, but we are the ones that have to legislate and appropriate the dollars. While I certainly appreciate your discussion, your candor, and… and I… one moment, please. Sorry. So, we have certain things that are being discussed right now. If you can hold just one quick second."
"I'd like to just make a note of this."
"Sure."
"And that is, that these are not huge salaries that we're discussing. These are the hard-working people of our state. People who clean the toilets."
"We're…"
"People who sweep the floors."
"Sure."
"People who fix the broken chairs. I could go on and on and on, but these are small salaries owed to many people who work so hard…"
"Sure."
"…every day that… I don’t know of very many other people who… who could just sit there and think, I'll just keep working and I have a contract, but I'm not going to get paid for it."
"Was that aspect that you just discussed brought up in the lawsuit? Can you expand upon the lawsuit that brought us to this point today? Actually, I… I withdraw that. Thank you for your time." 09900031.docx 95 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Mr. Arroyo."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields."
"Representative, you're saying that this is a union Bill? Is this the AFSCME Bill? Is this a union Bill?"
"It's… it's AFSCME, IFT, Teamsters, Police, Nurses…"
"You have the Illinois Gaming Board here? Why are they owed back money and why… they're not a union?"
"The Illinois Gaming Board?"
"I believe so. At least, that's what I'm seeing here in my… in my computer here. The Illinois Gaming Board, why are they on there?"
"They were part of the contract. It's all lumped together in that one contract is my understanding. One thing that I may… that this may clear it up, Representative Arroyo and that is, when this originally occurred there were five agencies that we had to pay back in order to give the back pay. But those employees have moved from… from that agency to another one in these four years. So now, we need to spread the money between 15 agencies."
"Representative…"
"But I don’t know if that is effective that way."
"Representative, if this money… it needs to be paid back, where does this money come back that the courts… is this going to be GRF money or is this just going to be… from what fund is this money going to be paid back from?"
"It'll be supplemental, largely GRF."
"GRF money to pay… Thank you."
"It should’ve been paid prior with GRF back in 2011." 09900031.docx 96 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"All right. Thank you.”
“You’re welcome.”
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"I want to make sure I understand this. Has this already been adjudicated by a court that we are required to pay this money?"
"Yes."
"All right. So this is a debt that we owe and we've already… and we've already paid part of it, correct?"
"That's correct."
"How much have we paid?"
"We've paid 45 percent last year and we have 55 percent left."
"Okay. And right now, when we're not paying, are we getting charged interest? Is it poststatutory judgment interest of nine percent or is it a higher interest of one and half per… or one percent per month on what we're not paying?"
"Our lawyers don’t know what interest rate. We can look into that, but…"
"But it's pretty significant?"
"Very significant every single day."
"And this is not prospective in the sense that this work hasn’t been done. These are hours that people have actually worked, actually the state has received the services, and we simply haven't paid them for it?"
"Yes." 09900031.docx 97 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Okay. Well, then, I don’t even know why we need a Bill for us to have to do the right thing."
"I understand. I'm not sure why we're even having a discussion on it, but we are."
"Okay. Well I've heard some of the other people arguing about why we shouldn’t be paying this, but this has… this is work that's been done. It's a debt that's been incurred. It's a debt that a judge has said that we must pay. Every day that we don’t pay it costs us a lot more. The argument that where are we getting the money from sort of falls on its face when we saw last week the Governor giving $100 million in tax breaks to cer… certain corporations. And the rationale that the Governor used was this was the deal that we made with the companies. Well, Ladies and Gentlemen, this is the deal we made with the employees. What's good for the companies is good for the employees. Let's treat everybody fairly. So, if the Governor believes that we need to take care of the corporations because they had a deal, let's take care of the people who did the work because we had a deal. So, it can't be any simpler than that. A vote 'no' is voting to say, some people should get a deal and other people shouldn’t. That's not what we are about. Everybody should be treated fairly. We owe the money. They did the work. Let's pay the people what they are owed. Please vote 'aye'."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Ladies and Gentlemen, there is no dispute. We owe the money. Let's pass the Bill."
"Mr. Davidsmeyer."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 09900031.docx 98 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Sponsor yields."
"Representative, do you recall under what circumstance this situation happened, us owing this money?"
"This is what I discussed with Representative Sullivan. It's the 2011 back pay with the court order."
"Okay. So, it was a negotiated deal negotiated by the previous… actually Governor… two previous Governors ago and then agreed to again by the last Governor. And then there was an agreement, from my understanding, that he would not lay off any employees. And then this Body said, this is your line item, this is all we're giving you. And it wasn’t enough, correct?"
"That's my understanding."
"Okay. So… so, we're dealing with an old bill from 2011. Once again, I don’t understand why we didn’t do this last year. I don’t understand why we didn’t do it the year before. And now, we're… we're throwing in the lap. I have a lot of constituents that are owed this money as well… as well, and you and I have worked together on this Bill. I'm going to support it, but I… I really don’t understand, other than politics, why this took so long to get here. I appreciate what you're doing."
"Mr. Dunkin."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I certainly applaud you and this legislation. It's about time that we're paying people from 2011 their money that they should’ve received, what three, four years ago now. My question is, when we appropriate this 09900031.docx 99 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Bill, ‘cause I plan on supporting it, what installation or assurances do we have that the Governor… this Governor will actually follow through and make their payment and give them their back pay?"
"I… I would hope that the re… Governor would recognize this as the oldest bill. I think he's made a commitment to paying back bills as well. And I would hope that he would do the right thing as… as we appropriate it."
"So, there's no real teeth in it that he would possibly, like Quinn, renege on this appropriation?"
"Well, we will appropriate the money. And then he will either sign it or he will veto it. If he vetoes it, we would try to override the Veto. But in his signing the Bill, he's putting his name right here that says that he's paying the AFSCME back pay."
"All right. So, I… I… just for clarification purposes, did the Governor commit to this legislation?"
"The Governor hasn’t committed to it yet, no."
"Oh, so…"
"Well, maybe he has, not to me personally."
"Okay. I think it's important. And… to the Bill. First off, let me thank researcher Brian Kenner for this analysis. I think the executive summary really speaks to exactly the… the context of this legislation, of House Bill 3763. It says, in 2011, Governor Quinn withheld… held… negotiated pay raises for several unions. The pay raises were a part of the terms of their collective bargaining agreement, which is something we're all familiar with and that we support. An independent arbitrator ruled that the union contract had been violated 09900031.docx 100 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 and that a Circuit judge subsequently ruled that the Governor's action was illegal and that the money was owed to our state employees. Ladies and Gentlemen, we are very fortunate to have incredible state employees who could be in the private sector making lots more money. They're in a very modest job position, and at the very least, we can hold our commitment to their pay raises, to their step increases, to their merit pay. So I think that this will be the honorable thing for us to do to keep our word in supporting our state employees who do yeoman's work in many instances all across this state by giving them their due from three, four years ago. I would encourage an 'aye' vote."
"Mr. Kay."
"Thank you, Mr. Speaker. Does the Sponsor yield?"
"Sponsor yields."
"Representative, just a few questions. You have mentioned our bill several times. It's our bill, our bill, our bill. Whose bill really was it?"
"Well, it was my initiative. Is that what you mean?"
"No, no, no, no. Whose bill was it to begin with? We may have to end it, but whose bill was it to start?"
"The 2011 General Assembly."
"Okay. Would it have been easier to pay this bill if the Governor, previous Governor, hadn’t spent $55 million on the Neighborhood Recovery Initiative? Would it… what I'm… Let me just continue. Would it be… would it have been easier to pay this bill if we hadn’t been paying deceased people $60 million since 2009?" 09900031.docx 101 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"It… it's unrelated. But I guess it'd be easier to pay this bill if we did something with corporate tax loopholes and…"
"Look…"
"…the list could go on and on."
"…no. I'm just… I'm just looking for an answer to my question. Would it be easier, would it be easier if we were not paying dead people monetary sums of money and/or providers for their services when they're gone? I think the answer is yes. Wouldn’t you agree, Representative?"
"I think it's unrelated."
"Isn't it true that we have spent billions, not millions, billions of dollars on no bid intergovernmental agreements that we could’ve used to pay this bill?"
"That's also unrelated."
"No, it's not unrelated. It's about how we spend the money in the State of Illinois. And…"
"Like the foreign dividends exemption, or the biofuel subsidies, or the sales tax…"
"Well…"
"…vendor discount…"
"…let's… Now, wait a minute, Representative."
"…or the…"
"You're not answering…"
"…offshore oil drilling?"
"You're not answering my questions. Because I heard tax… you know, tax credits. Who gave the tax credits, prior to these, that were given out last week? All right. That… Jack Franks… I… we can't name that man. My… my point, Representative, is 09900031.docx 102 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 it's not our bill. It was somebody else's bill and we could’ve paid it had we not wasted millions, if not billions, of dollars in this state and in this General Assembly. So let's keep the record straight. Thank you, Mr. Speaker."
"Represent…"
"Representative Feigenholtz."
"Mr. Speaker, I move the previous question."
"No need. She… the last speaker was the last speaker. Representative Scherer to close."
"Thank you, Mr. Speaker. Very simply put, the courts have ruled. It's almost unethical to not pay the bill for whatever reason. My dad always said, the right thing usually isn't the easy thing. For once, it's time for the people of the General Assembly who were elected here to come and straighten out this mess. Quit pointing fingers at who caused what. Pay the bill. Do what any good economical person would do. Quit paying interest. And just deal with it and move forward. I would appreciate an 'aye' vote."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Feigenholtz, Nekritz, Sims. Feigenholtz, Nekritz. Mr. Clerk, please take the record. On this question, there are 88 voting 'yes', 23 voting 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3882, Mr. Moffitt. Please read the Bill."
"House Bill 3882, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. Moffitt." 09900031.docx 103 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. This is really just a technical Bill, cleanup language. An initiative of the Illinois Association of Park Districts. And it… it is to remove an unused, obsolete portion of the statutes that was passed a number of years ago to allow a park district to be formed into two park districts. It has since expired, but it remains on the books. So, today you have a rare opportunity to repeal, do away with, a portion of the statute. Today, we would probably have sunset language on a Bill like that, but we didn’t then. So, this will remove it and I think it's clear-cut. Appreciate your vote. Entertain any questions."
"Gentleman moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bennett, Turner. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3428, Representative Sente. Representative Sente. Out of the record. House Bill 3673, Mr. Smiddy. Mr. Smiddy. Please read the Bill."
"House Bill 3673, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Mr. Smiddy."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the Assembly. House Bill 3673 amends the Insurance Code to allow doctors to, if medically necessary, allow women, instead of having mammograms, to allow them to have an MRI or a 3D 09900031.docx 104 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 mammography. And I would ask for an 'aye' vote. And I will take any questions."
"Mr. Sandack."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Mike, can you walk me through how the Bill would work? Obviously, an MRI is a more expansive diagnostic tool. So, whose… whose initiative is this? And how would the Bill… how would the law work, assuming it would pass into law?"
"Okay. It's… it's my initiative. It is sponsored by the American Cancer Society. Basically, what would happen, a physician, if determined high risk by the guidelines from the American Cancer Society, would allow… it would ask that they have a, instead of a mammography, a MRI or a 3D mammography because they are high… more highly effective. And that's what we would ask that would happen. So, it's people with high risk and if… or if a doctor deems it necessary that this happen."
"Okay. So, help me out here. Would… by the way, all very reasonable. Why is a law needed for this? What… what… can't doctors make that determination right now based on patient profile, risk history, family history, et cetera? Why is a law needed?"
"No, they cannot. Insurance companies have denied these… these tests for many… for many years now. And that's why this law… I brought this law to… to light."
"And right now, as… as you stand here, Mike, the proponents and opponents. Who… who backs the initiative, I'm 09900031.docx 105 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 sure the American Cancer Society does, but who else is supportive of your legislation and who opp… opposes it?"
"The insurance companies, of course, oppose the legislation. My… the proponents of the Bill are the American Cancer Society, the Chicago Task Force for Breast Cancer, the…"
"Med Society."
"Sorry. Yeah. The Med Society, as well as Planned Parenthood."
"Thank you. And the last question, and thank you for answering the questions. Other than cost, what is the insurance industry's objections to your legislation?"
"I'm not really sure. They… they did not approach me regarding that. They feel that the cost probably would be the biggest factor. As far as the cost for the state goes, I did… I had an analysis brought forth and it shows that… by the Department of Insurance, it would not cost the state any money."
"Thank… thank you for the answers. Appreciate it."
"Representative Williams."
"Thank you, Mr. Speaker. To the Bill. You know, this Bill reminds me of a Bill that we passed in my first term here and it was supported by Members on both sides of the aisle. And it dealt with the provision of oral cancer treatments for cancer patients instead of just the traditional IV infused therapies. And we had the same lineup of supporters and we had the same lineup of opponents. And after we explored the issues, we learned that it wasn’t always an issue of cost, sometimes it's just an issue of how the 09900031.docx 106 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 benefit plans are structured, and often, people and companies don’t like to make changes. But the reality is, every day there are more and more options for treating cancer. There are more and more options for treating, specifically, breast cancer, diagnostic tools, et cetera. So, as we all know, sometimes it takes a little while for us to catch up with. But just like the Bill that provided oral cancer treatments to people who needed them, this Bill provides diagnostic and treatment options to people that very much need them. My Bill got a ton of support and I believe it's because, unfortunately, almost everyone in this room's life has been touched by cancer in some way. So, I think this is not an issue of cost, but more an issue of kind of getting behind advances in technology and ensuring that patients in Illinois, members of our families, have the best opportunities to get treatment possible. So I would urge an 'aye' vote."
"Representative Feigenholtz."
"Thank you, Mr. Speaker. I would like to extend a warm Springfield welcome to our friends up in the gallery from the Illinois State Ambulance Association from all around Illinois."
Speaker Lang: "Thank you, Representative. Representative Bellock."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Thank you, Representative. Are all the opponents still opposed to the Bill?" 09900031.docx 107 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"To my knowledge…"
"It's listed here…"
"…yes."
"…there were several opponents."
"Yes, to my knowledge."
"I'm looking for… Oh, I'm sorry. I was looking for where you are. And is this a mandate that everyone can have an MRI, a mandate on Medicaid and private insurance?"
"It's a mandate if it's… they perceive it from the doctors believe that it's necessary medically, number one. Or if they are at high risk and they meet the standards by the American Cancer Society."
"Okay. And so, do you know what the cost is to the Medicaid program?"
"When I… when I asked for an analysis of the cost, the Department of Insurance came back with a… with a no cost to the State of Illinois. And… and that's the fiscal note that's applied to the analysis on the Bill."
"That's to the Department of Insurance, not to the Department of… to the State of Illinois. I mean, we would have to pay in the Medicaid program if this is something else that's mandated, other than a regular mammogram, correct?"
"It would be something that we would have to pay for, but from my understanding, the cost of this is a) minimal and b) it would be more proactive if we are to catch a cancer early on than if we catch it in a second or third stage which would then result in having chemotherapy, radiation, and those types of things that would be a higher cost to the State of Illinois." 09900031.docx 108 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Right now, in the Medicaid program, if a doctor feels that this is necessary, are they able to give that within the Medicaid program?"
"No."
"So no woman has an MRI if they are given that diagnosis by the doctor?"
"Not an MRI or the 3D mammography, no."
"Thank you very much."
"Representative Wallace."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Thank you. I want to rise in support of this Bill. This legislation is extremely personal. My mother's sister, my maternal aunt, is a two-time breast cancer survivor. She was diagnosed in her early thirties, and were it not for early detection, she would not be here with us. And I think that this Bill brings to the point that women of color and women of lower socioeconomic status are less likely to have early detection, but more likely to be recipients of Medicaid. So this Bill will, in effect, help us with our Medicaid costs in the State of Illinois. And I encourage an 'aye' vote."
"Mr. Smiddy to close."
"Thank you, Ladies and Gentlemen. This is a very important Bill, not only for the State of Illinois, but to myself. One in eight women will be diagnosed with breast cancer in their lifetime. Mammograms will result in only a 78 percent of folks being diagnosed with breast cancer, which means there's 22 percent of the people that won't. Those with dense… denser tissue, of course, have false positives or do not have their 09900031.docx 109 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 cancer diagnosed. Unfortunately, my wife was one of these individuals. She had a mammogram and it took over three years for the insurance companies to finally give her the right to have an MRI. If they… if she would have been given a… a MRI three years prior, it would've been in stage one instead of stage three. So, I believe this Bill is very important to save lives. 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? Bennett, Bradley, Davidsmeyer, Hays, Mautino. Please take the record. On this question, there are 109 voting 'yes', 6 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2482, Representative Soto. Please read the Bill."
"House Bill 2482, a Bill for an Act concerning public aid. Third Reading of this House Bill."
"Representative Soto."
"Thank you, Speaker. I thought I'd never have my turn, so thank you. Okay. House Bill 2482 is a House Committee Amendment. It is a gut and replace Amendment that states that any undocumented citizen in Illinois who is eligible for Medicaid coverage of a kidney transplantation surgery, must have been receiving renal dialysis covered by HFS for at least two years prior to their kidney transplant eligibility. And I ask…"
"Mr. Sandack."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"Representative…" 09900031.docx 110 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Sponsor yields."
"…did… my analysis says that you were going to work on this Bill and… and bring an Amendment. Did that not happen?"
"That… no. No. That did happen. That's why we're here now."
"Okay. So, this is on the amended Bill? I… as I understand it, the program is scheduled to be eliminated. So how is your Bill going to work in the construct or the context of the program elimination?"
"Okay. Representative, as you know, our Leaders are all meeting. This is a work in progress. Just because what we're hearing now doesn’t mean that that's going to be the future cause I think we all are going to suffer in every district if we don’t restore some of the things that are cut. One way or another, we're not leaving this place without funding some programs out there. And this is a very important one, of course, and it's… what this Amendment does is just to add… you know, there's a lot of people who want to come from another state here and get a transplant. And what we're trying to do… that Amendment is to curb that. So that's the reason why they… we have this Amendment is because we are getting phone calls of people trying to come to Illinois to get a trans… to receive a transplant. And this is what's going to help."
"And… and I appreciate that, Representative. And I also appreciate the candor that we're not sure how… what's going to happen. I… I would ask that you consider withdrawing the Bill and holding it until we're farther down the budget path because my analysis says that HFS is opposed to your Bill because the program is scheduled for elimination in FY16. So 09900031.docx 111 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 I think we're getting ahead of ourselves and I think it may behoove you and our collective actions if you withdrew, at least, and held the Bill until such time as there's some clarity on whether this program is actually going to exist or not."
"Okay, Representative. I… you know what, I've worked… I… I received 12 votes from the other side when this first Bill passed. So, I have support, you know, and I appreciate it. I truly appreciate the support that you've given me, and your Leader. I also just want to say, let's put it to a vote. If it doesn’t go through, it doesn’t go through. It's not… I mean, that's really the bottom line, that's what's going to happen. But…"
"Fair enough."
"…you know, I just want to tell you… I just want to, you know, extend my appreciation because I have had support from your side of the aisle. I think it's only fair when you support the things that I do, I support the things that you do."
"Fair enough."
"Thank you."
"Thank you for the answers, Representative."
"Thank you."
"Appreciate it."
"Representative Turner in the Chair. Seeing no further debate, Representative Soto to close."
"Yes. I urge an 'aye' vote… vote, and appreciate it. Thank you." 09900031.docx 112 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"The question is, 'Shall House Bill 2482 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 92 voting 'yes', 22 voting 'no', and 0 voting 'present', House Bill 2482, having received the Constitutional Majority, is hereby declared passed. House Bill 3143, Representative Pritchard. Mr. Clerk, please read the Bill."
"House Bill 3143, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Pritchard."
"Ladies and Gentlemen of the House, this Bill comes out of a problem we had in our district where two individuals lost their lives because a driver was not cautious about a seizure situation that they had. So what I've done, excuse me, is worked with the de… the Secretary of State's Office and the Medical Society in coming up with language that provides that if an individual knowingly drives a vehicle when they have had a seizure within the past six months and they don’t have their condition under control through medical or… or medical treatment, that they would be added to the list of persons who commit reckless driving. Be happy to answer questions."
"On that, we have Representative Zalewski."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"So, Bob, my analysis says that the Bill requires a driver to tell the Secretary of State within 10 days that 09900031.docx 113 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 they become aware of having a seizure and that the driver experiences a seizure within the prior 36 months, they're guilty of reckless driving. Is that…"
"Correct."
"…your understanding of the Bill?"
"Correct. And… and it is, if they don’t have their condition under control. That is the driving factor."
"So how are you going…"
"In my… in my particular situation, the driver knew that they had… were having seizures, had indications of it that morning, and still went ahead and drove. So, this is saying that if they don’t have control, that if they've had a seizure within the last six months, that… that they should not be driving."
"Did this Bill come out of the Judiciary – Criminal Committee?"
"I believe so. No, it was Vehicles and Safety."
"How do you… Okay. So, how do you… how will a prosecutor overcome the defense of, I had a seizure while I was driving and therefore, I'm not guilty of a recklessness standard?"
"So, the Secretary of State's Office has a medical panel that looks at these kinds of situations, looks at the self-reporting, which it's important that these people self- report, and makes determinations. So they're the ones that will be giving an opinion on this fact of was the condition controlled.”
"They…"
"But certainly an individual that is seeing a doctor, that is taking medications, would… would be exempt from this." 09900031.docx 114 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"So, isn't it true that a person who has a seizure disorder can have their life driving privileges suspended or removed right now under our existing statute?"
"They can."
"And isn't it true if that person drives under those existing laws, they're guilty of driving without their… privileges being allowed and they're guilty of a Class A misdemeanor as it stands now?"
"So…"
"You drive without… I'll rephrase it. If you drive right now with a suspended license, that's a Class A misdemeanor."
"Well, but the point is, if you don’t report and if the Secretary of State is not aware, you're not going to have your license suspended."
"I agree with the first part of your Bill. I think it's going to be very difficult for prosecutors to meet a burden beyond a reasonable doubt that a person is guilty of recklessness when they have a seizure. Because seizures are spontaneous, they don’t happen with premeditated… I mean, some… I guess maybe they could, but…"
"But they do. And those are the cases that we're concerned with."
"So…"
"I mean, that would…"
"…every single seiz…"
"…certainly be a… an offense. If this is the very first incidence of seizure that you've had, then that wouldn’t… would be defendable in your court case. But we're talking about people that have had seizures; they just haven’t had 09900031.docx 115 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 them in the last six months. And that… so, that's the zone that we're looking for so that they do have their condition under control."
"It… the definition of recklessness, my understanding is, you do something that you know could cau… enganger… endanger the life of a person based on a… your… your preexisting knowledge. And I'm not entirely sure you're ever going to be able to convince a finder of fact that you knew you were going to have a seizure. I think you can say, without a doubt, that you knew you might be predisposed to a condition of… like epilepsy and that's it's possible that that could happen. But to suggest that you willfully and recklessly committed an act of merely knowing you had a disorder, I just… it seems off putting to me. I… is there… were there any opponents to your Bill…"
"But… but we…"
"…and…"
"…we have a current law, as you said, that if you have seizures, you're supposed to report."
"So, if…"
"That doesn’t happen."
"…we have that current…"
"That doesn’t happen."
"…so we have that current… if we have that current law of a Class A misdemeanor for driving on a suspended license, why are we doing this Bill?"
"Because we want to put some teeth into a situation that someone was reckless and killed two individuals."
"Did that… okay. So…" 09900031.docx 116 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"And they're looking for some remediation. And the courts didn’t provide that because it wasn’t reckless."
"Okay."
"The doctor didn’t tell the individual, oh, don’t drive today. But yet, the individual knew and had seizures within the past six months. That's what we're trying to confine this to and… and bring some responsibility to our drivers."
"So, respectfully, was there a civil suit in that instance?"
"Excuse me?"
"Was there a civil suit? Was there a lawsuit?"
"There was a…"
"’Cause I think in those…"
"…there was a lawsuit and it was found that there wasn’t enough teeth in the law to charge this person with anything."
"So the finding of the lawsuit was that there wasn’t enough teeth in our Criminal Code…"
"Correct."
"…to meet a negligence standard?"
"Correct."
"Okay. I just… we have this continued process where it's troubling to… to see instances where I think some of us feel the… the system didn't do its job by having a burden of need, choosing to charge a case a certain way, trying to meet its burden, not meeting its burden, and as a result, we're left to create a new law that might not necessarily work. I… I understand what you're doing, and I can appreciate it. But if there's already a Class A misdemeanor for driving without 09900031.docx 117 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 proper driving privileges, I'm not entirely sure why this particular Bill is necessary. So, I'm going to continue to listen to the debate, but thank you for answering my questions, Bob."
"Thank you."
"Representative Wallace."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"I was wondering, what number of conditions are there that may cause seizures?"
"Excuse me? I didn’t hear all of your question."
"Do you know how many different conditions there are that may cause seizures?"
"I can't answer that question. There are a number, yes."
"All right. So my understanding, there's close to 100. And I'm wondering, does the Secretary of State or any of your… the people you've partnered with to create this legislation thus far, do they understand how many have been… are able to be controlled medically over a period of time?"
"So, I'm assuming that they can be, because the Medical Society thought that this was a worthy piece of legislation that was defendable, that was able to be treated, and approved of the language that we have before us."
"Okay. I'm just simply echoing with my colleague on this side of the aisle just stated. I am just concerned about individuals who are not aware of a condition somehow being charged with recklessness. There are any number of things that could cause a person to spontaneously seize, and then 09900031.docx 118 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 that individual would be liable under this piece of legislation and that concerns me."
"Well, the defense in here, if you will, is within the previous six months. So they are not… this is not the first incident. This is a repeat event."
"Okay. So…"
"And… and…"
"…on the second seizure…"
"…the six months has been in there. Now, as we look around the st… the nation, other states have even longer periods of time. We thought six months was probably a more reasonable period of time. So that's why we… we went with the language that you have before you."
"Okay. Thank you very much."
"Representative Ammons."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates that he will."
"Thank you. I wanted to ask just a couple of questions and give a situation that actually happened similar to what your Bill is addressing. What is the mechanism to get the information out to the community about this Bill? We're concerned about the number of Bills we pass, and often, the citizen doesn’t know that this is even a law. How… what is the mechanism to get this information out?"
"So that's part of the dr… Secretary of State's driving education that goes on in our schools, that goes on with anyone that wants to get a driver's license. And that's also, I guess, all of our individual responsibilities, if we're 09900031.docx 119 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 asking for the right of driving, to know what the laws are about driving."
"I think that's something that certainly needs a lot of help, because currently, the Secretary of State's Office, as most of our departments, are underfunded. And so, education on a lot of these issues becomes a real challenge. I'm also concerned about the… the… Representative Wallace just pointed out, the number of reasons a person could have a seizure, and then of course turn around and be subject to further criminal prosecution. There was an incident in our community where a diabetic person, who had diabetes under control for a number of years, had a seizure while driving. And unfortunately, he did not get a Class A misdemeanor. This gentleman was found guilty of reckless homicide and went to prison with a felony for six years. This is the concern that I have with legislation that is not able to be applied equally across the board because it is in the hands of prosecutors throughout our state to determine at what level to prosecute people. And I believe the Criminal Code currently deals with some of the issues that are being brought in this legislation. I think it is quite unfortunate that the persons in your community passed as a result of this unfortunate incident, as well as in my own community. We not only lost a young lady, but we also lost the elderly gentleman who was ultimately charged and sent to prison under our Criminal Code. So, we've lost both of them as a result. I just don’t believe that this legislation does really what we want to do in our community is educating people about the dangers of the over a hundred ways that you could have a seizure and the dangers of driving. 09900031.docx 120 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 And I think an educational forum needs to be created to do that as opposed to a criminal one. So, I… I won't be able to support this legislation."
"Representative Sullivan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"Representative, I… I just want to bring clarity to the conversation here. Today, if I lose consciousness and get into an accident, would I be charged with a… with a crime, misdemeanor, or otherwise?"
"No."
"But because I lost consciousness, under existing law, I would be required to report that within 10 days?"
"Excuse me. I didn’t hear all of that. Could… could we…"
"But…"
"…we please have it quiet in here, please?"
"…let's say the same thing happens, that I lost consciousness. Because I lost consciousness, under existing law, I would be required to report that within 10 days?"
"Yes."
"Okay. So your Bill basically says, building upon existing law, that we're going to add seizures to this list. So, I've never had a seizure, and I have a seizure and I get into a wreck. I don’t get charged with a crime for that seizure that I could not predict?"
"Correct."
"Okay. But if this Bill would pass and go into law, what would happen is, if I had that seizure and gotten in a 09900031.docx 121 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 wreck, I would have to, one, not be charged with a crime, but two, I would then have to report that within 10 days?"
"Yes."
"Okay. So, going down that same path, now that I've reported it within 10 days and I am driving knowing that I'm suspectable to these seizures, I potentially can be charged with the secondary offense that you have in this Bill, which is…"
"If you haven’t taken the prudent steps of getting medical help and treatment."
"Exactly. So what you're trying to get to here is getting people to understand that they are predisposed to seizures, which could end lives from carelessness if they don’t get medical proced… medical help, guidance, therefore."
"Correct."
"Okay. But if they do get medical guidance and are cleared because they're being medically treated for this condition, they are now immune from prosecution under this Bill?"
"Correct."
"Thank you."
"Representative Conroy. Representative Pritchard to close."
"Ladies and Gentlemen, I don’t like more strict laws. I… I think we pass too many laws. But when we have a situation where people are texting and driving, reading and driving, doing various irresponsible things, we need to step forward and try to put some accountability for those actions. And that's what we're trying to do by classifying it as reckless 09900031.docx 122 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 driving if someone ignores good practice, hasn't reported to the Secretary of State, and is still continuing to drive. I would ask for your support."
"The question is, 'Shall House Bill 3143 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Members, please record yourselves. Representative Andrade, Butler, Hammond, Leitch. Mr. Clerk, please take the record. On a count of 80 voting 'yes', 34 voting 'no', and 0 voting 'present', House Bill 3143, having received the Constitutional Majority, is hereby declared passed. Representative Willis, for what reason do you seek recognition?"
"Personal privilege, please."
"Please proceed, Representative."
"I would like to direct your attention to all surrounding the gallery. We have students from Mannheim Middle School, which is from the 77th District. I'd like to welcome them for a tour here at the Capitol."
"Thank you. And welcome to your Capitol. House Bill 2811, Representative Tabares. Mr. Clerk, please read the Bill."
"House Bill 2811, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Tabares."
"Thank you, Mr. Speaker. House Bill 2811 allows eligible seniors to apply for a reduced fee on specialty plates. I ask for an 'aye' vote." 09900031.docx 123 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Seeing no de… Right on time, Jack. Representative Franks."
"Thank you. Sorry to slow you down there, Mr. Speaker, but, you know, I wanted to ask a question if I could if the Sponsor would yield."
"Sponsor will yield."
"Thank you. Great Bill. Is this taking place of the Circuit Breaker, sort of, that seems to have gone by the wayside? I'm trying to figure out who would get the reduced vehicle fee. What's the definition of those folks who would get, under the Benefits Access Program, the reduced vehicle registration fee?"
"Eligible senior citizens would get the opportunity to apply for a reduced fee on specialty plates."
"Okay. So, this is… is this just Circuit Breaker by another name?"
"It is the Benefit Access Program called now, formerly known as Circuit Breaker."
"I thought we had that before, under that Circuit Breaker program, that they did have the reduced fees for the license plates."
"Currently, senior citizens who are eligible for the Benefit Access Program get a reduce… can apply to get a reduced fee on regular plates. This Bill would expand it to specialty plates."
"Oh, I see. I see. That's what I didn’t understand. Okay. So, it's the same. Okay. Very good. ‘Cause right now, how much is a… how much is a regular plate versus how much is a specialty plate?" 09900031.docx 124 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"So, with specialty plates, those that have specialty plates, there is an amount that goes to the cause, which is $24."
"Okay. So, would it… would it reduce the amount? ‘Cause let's assume, because I know Mr. D'Amico, your seatmate over there, has a brilliant idea to change some of the specialty plates. Would… if this is reduced and it goes down to $24, because much of the specialty plates' allure is the fact that those organizations will get some money. Now, how will the money be split up if you give the same discount for those with specialty plates? Will the money go to the state, or will the money go to those organizations who are receiving the money to the specialty plates?"
"This Bill does not take any money away from those causes. That cause, the money that goes to the cause, will continue to go to the cause. The Bill does not take it away…"
"But what about the state then?"
"…from those causes."
"Would the state lose money?"
"Unfortunately, we did some research in that fiscal note, and there is no… we cannot predict a fiscal impact on that."
"Okay. I just wanted to make sure. I mean, I want to give this benefit, but I also don’t want to hamstring the soc… the Secretary of State as well. All right."
"The Secretary of State is a proponent on this Bill."
"All right. Thank you."
"Representative Tabares to close."
"I ask for your 'aye' votes." 09900031.docx 125 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"The question is, 'Shall House Bill 2811 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 109 voting 'yes', 4 voting 'no', and 0 voting 'present', House Bill 2811, having received the Constitutional Majority, is hereby declared passed. House Bill 2459, Representative Sandack. Mr. Clerk, please read the Bill."
"House Bill 2459, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Sandack."
"Thank you, Mr. Speaker. In the 98th General Assembly we passed 98-335, which allowed DuPage and Peoria Counties to enact a stormwater utility. Unlike the Peoria measure, DuPage measure does not require… did not require a front-door referendum in order to pass a stormwater utility. My Bill simply seeks to make the DuPage law similar to Peoria and require a front-door referendum before the county board can enact a stormwater utility. I think this is a good government initiative. And I'm happy to answer any questions."
"Seeing no debate, the question is, 'Shall House Bill 2459 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 114 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 2459, having received the Constitutional Majority, is hereby declared passed. House Bill 397, Representative Welch. Out of the record. House Bill… 09900031.docx 126 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Representative Lang, for what reason do you seek recognition?"
"Point of personal privilege, please, Mr. Speaker."
"Please proceed."
"Thank you. I've been asked to announce a lobby day from the Illinois State Ambulance Association from 5 to 8 tonight at Saputo's. Thank you."
"Thank you very much, Representative. House Bill 3079, Representative Sommer. Mr. Clerk, please read the Bill."
"House Bill 3079, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Sommer."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. It's my honor to present 3079. This Bill amends the Adoption Act. It eases international adoptions for families that wish to open their hearts and homes to such children. I'm proud that this is a bipartisan effort. Representative Sara Feigenholtz and I have worked long hours on this along with all the Members of the Adoption Reform Committee. All of those Members, Representative Moeller, Representative Williams, and Representative Barb Wheeler are Chief Cosponsors. This legislation was kick started last summer when a constituent, an adoptive mother, came to my office and spoke to me about the readoption process. That was Shelly Hauter of Mackinaw; she is in the gallery today. I've also been honored to have the input from adoptive mother Chris McLellan of Dunlap, Illinois. In addition, we're fortunate to have expert adoption attorneys throughout the state weigh in 09900031.docx 127 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 on this project. Shelly Ballard, Barb Sereda, the Adoption Law Committee of the Chicago Bar Association, the Board of Managers the Chicago Board of s… Bar Association, all are supporting this. It makes three big changes. This is a big deal."
"Representative, one second, please. Members, can we please bring the noise level down in the chamber? Thank you very much."
"Thank you, Mr. Speaker. This is a big deal for adoptive families in Illinois. And briefly, I'm going to tell you what it does. Three main things. It simplifies the readoption process. When families who have adopted children overseas, those that become final, if there is a process of readoption in Illinois, to provide more documentation of the status of those children. This process is being streamlined. It is going to be cheaper. There are fewer steps for families to take. The second portion is one that addresses the overreach of DCFS over the years. It eliminates the Intercountry Adoption Coordinator because it is now a duplication of something called the Intercountry Adoption Universal Accreditation Act passed by Congress, which regulates all international adoptions. Unfortunately, the practice in Illinois has been to make the process more difficult. Mrs. McLellan often carries the photo of a child that she and her husband wish to adopt. They sought to adopt two children from Russia. DCFS says, we'll let you adopt one of the boys, but not the other. You… maybe you should know what happened to that other boy. He's, I believe, 12 years old. His name is Andre, and he's still sitting in that orphanage in Russia and will probably 09900031.docx 128 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 be put out on the street shortly. We have to make these corrections for families that want to reach out and give these children a home. The third thing it does is requires DCFS to continue offering postadoption services for these circumstances. This is a long time coming. I know most of you have no connection to adoption. But there are hundreds and hundreds and thousands of families in this state who will benefit from changing this law. It will make it easier for families to adopt internationally. And let's really be realistic; it's all about the kids. Our goal is to provide loving, secure homes for children. This Bill will go a long way to do that. I ask for your support. I ask you to open your heart and allow families who want to do so to adopt children and to make that process easier. Thank you very much."
"Seeing no debate, the question is, 'Shall House Bill 3079 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 115 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 3079, having received the Constitutional Majority, is hereby declared passed. House Bill 2677, Representative Williams. Mr. Clerk, please read the Bill."
"House Bill 2677, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Williams."
"Thank you, Mr. Speaker. This Bill simply clears up an ambiguity in the Dental Service Plan Act, which would ensure 09900031.docx 129 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 that an entity regulated under the Act is able to pro… provide reinsurance. I know of no opposition and I'm happy to answer any questions."
"Seeing no debate, the question is, 'Shall House Bill 2677 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 115 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 2677, having received the Constitutional Majority, is hereby declared passed. House Bill 4107, Representative Wehrli. Mr. Clerk, please read the Bill."
"House Bill 4107, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Wehrli."
"Thank you, Speaker. House Bill 4107 is a cleanup Bill. In fiscal year '10, the funding for the Lekotek program was removed. The… the language remained in the statute. This cleans it up. I humbly ask for a 'yes' vote."
"Seeing no debate, the question is, 'Shall House Bill 4107 pass?' All in favor vote 'aye', all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 115 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 4107, having received the Constitutional Majority, is hereby declared passed. House Bill 356, Representative Zalewski. Mr. Clerk, please read the Bill." 09900031.docx 130 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"House Bill 356, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Zalewski."
"Thank you, Mr. Speaker. House Bill 356 creates the Cook County Drug Analysis Field Test Program. The idea here is to introduce a new method of testing controlled substances in the field for the Chicago Police Department. If this works appropriately, we will be able to dramatically reduce the time defendants wait for preliminary hearing. This is a good criminal justice reform committee… or criminal justice reform measure. I ask for an 'aye' vote."
"Seeing no debate, the question is, 'Shall House Bill 356 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 115 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 356, having received the Constitutional Majority, is hereby declared passed. House Bill 2685, Representative Riley. Mr. Clerk, please read the Bill."
"House Bill 2685, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Riley."
"Thank you, Mr. Speaker, Member of the House. 2685 essentially allows the RTA to issue working cash notes at the present level, the present working cash note cap, which is $400 million. It extends the… the current period from 2016 to 2018. And I'll answer any questions you may have."
"On that, we have Representative Sandack." 09900031.docx 131 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"Al, can you kind of walk through the process? Because this is an extension of a… a process that’s… lets the RTA borrow now, correct?"
"That's correct. And… essentially, the process has been around for quite some time. We passed the sweeping legislation back in 2007, 2008, I think it was, the Mass Transit Act. There's been a number of cases, I think 2008, 2010, 2012, and 2014 that essentially the cap, this is all that it does, the cap was raised from $100 million to $400 million, giving the RTA just extra… extra leverage."
"And this…"
"And that… that's all that this extension does."
"This isn't the equivalent of, essentially, permitting a… a rate increase, right? This isn't…"
"No, it is not."
"…going to do anything on their operations?"
"Absolutely not."
"Last question. There's kind of a strong list of supporters and those in support of extending the borrowing. Do you know of any opposition?"
"I don’t know of any opposition."
"Thank you, Representative."
"Thank you."
"Representative Tryon."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield." 09900031.docx 132 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Representative Riley, so essentially, we wanted to kind of categorize what we're doing here. It's… it's really the ability to allow the RTA to have the cash flow that they need to share until they receive payments, correct?"
"That's exactly right. And… and in many senses, because I've gotten some questions, it… it operates like what many local governments do sometimes when you issue a tax anticipation warrant."
"Yeah."
"Works much the same way."
"And if we did not do this, the service systems wouldn’t be able to receive enough money to continue to operate, correct?"
"That's correct. Because this is working cash with things like, you know, administration and payment of employees and so forth."
"Thank you. I… I would urge that we support this Bill. This is just a financial tool for them to use, much like any municipality would use in order to keep operating until the revenues come in that are budgeted for. So, I would urge a 'aye' vote."
"Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, I understand why you're trying to do this, but let me ask you this. If they issue these working cash notes, who is the guarantor on those notes?"
"Well, the g… the guarantor essentially is the full faith and credit of the RTA. You know, the RTA has the ability to 09900031.docx 133 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 issue notes now, and they get rated by rating agencies like everybody else. And so, you know, that's who… who would be the guarantor."
"If sh… if they should default, would the state then have to be a subguarantor, or is it only on the RTA?"
"I believe it's only on the RTA. I mean, they get their operational bona fiding simply by statute, so it would be on them."
"Okay. To the Bill. And I… I understand what the Gentleman's going to… trying to do. And I understand that they want more tools to be able to get the money that they anticipate. However, I'm going to vote 'no' and I'm going to encourage others to as well. The Governor has explicitly stated, in his budget address, that he is seeking to cut funding to RTA. If he's going to cut the funding, the anticipated revenues may not be there in order to pay this back. What I would suggest is that we wait until we see the budget. This is something if we need to do we can do at the end of May, or perhaps later, hopefully we'll be done by then. But I think it would be… not be prudent at this time to allow this entity to borrow more money on anticipated revenues that may or may not be there. Therefore, the prudent thing to do would be to delay and I encourage a 'no' vote."
"Representative Ammons."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Mr. Riley, the purpose of this is to make sure that they can meet their obligations currently. Is that my understanding?" 09900031.docx 134 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"That's exactly right. And again, this is nothing new. This is something that they've done four other times before many people even knew who this Governor was."
"I… I really appreciate the Sponsor of this legislation for two reasons. One, is that it doesn’t assume that we will not fund the needed public transportation that our communities depend upon. And two, it certainly follows the course of action that many municipal and county governments have done year after year in anticipation of the tax revenue. And so, I encourage Members to support this legislation and I'll certainly be supporting it as well. Thank you, Mr. Riley."
"Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. A question of the Sponsor?"
"The Sponsor will yield for a question." Harris, D.: "Representative, in essence, this is not new authority, correct?"
"No, this is not new." Harris, D.: "Right. They have the authority now to issue working cash notes, correct?"
"That's correct." Harris, D.: "And cash notes are generally short-term indebtedness, correct? Maybe it… maybe it's a couple of weeks, it might be a couple of months, maybe as far as a year. But they're relatively short-term efforts to keep the cash flow going smoothly, correct?"
"It's a short-term instrument. That's correct." Harris, D.: "Ladies and Gentlemen of the House, if I may, and I respectfully disagree with one of the previous speakers about 09900031.docx 135 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 the inability of the RTA to pay back any of these short-term notes. I think that even with a reduction, if there is a reduction in the… in public transit funding that's proposed in the Governor's budget, even with that reduction, these are short-term working cash notes. It allows the RTA the ability that they have now, simply extends that ability for two years. You're not going to ru… you're not going to run into, I don’t believe, run into a default situation in that short period of time on these kinds of notes. And I would recommend an 'aye' vote."
"Leader Riley to close."
"Thank you… very much. Thank you for the debate. One other thing I want to point out is, you know, sometimes we can't always believe some of the things that the rating houses say. But the RTA is rated AA by Fitch, which in terms of investment grade instruments is next to the highest. Again, this is just extending their ability to go out to a cap of $400 million, as they've done before. This is extremely important, no more important than right now. But I think this is something that's very, very necessary. Let me just be honest with you, especially for some of the newer Members, there was a time where I would never carry a Bill like this. But I’ve been a Member of the Mass Transit Committee ever since I have been down here and over the years we've passed some great legislation. And we think that the RTA and the service boards are doing a… a much better job at being transparent and being operationally efficient. This will help them do that. Please help me with 'aye' votes." 09900031.docx 136 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"The question is, 'Shall House Bill 2685 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 64 voting 'yes', 48 voting 'no', and 0 voting 'present', House Bill 2685, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, the status of House Bill 3616."
"House Bill 3616 is on Third Reading."
"Can you please move that Bill back to the Order of Second Reading and read the Bill?"
"House Bill 3616, a Bill for an Act concerning regulation. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative Lang, has been approved for consideration."
"Leader Lang."
"Thank you, Mr. Speaker. It's strictly a technical Amendment. I move adoption."
"Gentleman moves for the adoption of Floor Amendment #1 to House Bill 3616. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 4112, Representative Gordon-Booth. Mr. Clerk… Please take that Bill out of the record. Mr. Clerk, the status of House Bill 218."
"House Bill 218, a Bill for an Act concerning criminal law. Bill was read… Second Reading of this House 09900031.docx 137 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Bill. Amendment #1 was adopted in committee. Floor Amendment #2 is offered by Representative Cassidy."
"Mr… Mr. Clerk, please take that Bill out of the record. Mr. Clerk, House Bill 3531, Representative Golar. Please read the Bill."
"House Bill 3531, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Members, we're going to do some Second Reading Bills. Please be prepared to move your Bill, if you wish. First up, we have House Bill 1326, Representative Ammons. Mr. Clerk, please read the Bill."
"House Bill 1326, a Bill for an Act concerning safety. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 is offered by Representative Ammons."
"Representative Ammons."
"Thank you, Mr. Speaker. This is a long-awaited, negotiated Bill for us to really deal with the Mahomet Aquifer protection. We have agreement with all of the parties and there's no opposition at this point. I ask for an 'aye' vote and adoption of the Amendment."
"We're going to just adopt the Amendment right now. All right. Lady moves for the adoption of Floor Amendment #1 to House Bill 1326. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed." 09900031.docx 138 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Third Reading. House Bill 3757, Representative Andrade. Mr. Clerk, please read the Bill."
"House Bill 3757, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3149, Representative Cabello. Mr. Clerk, please read the Bill."
"House Bill 3149, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 494, Representative Cassidy. Out of the record. House Bill 3404, Representative Chapa LaVia. Mr. Clerk, please read the Bill."
"House Bill 3404, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. A fiscal note has been requested on the Bill and has not been filed."
"Mr. Clerk, please hold that Bill on the Order of Second Reading. House Bill 3527, Representative Fortner. Mr. Clerk, please read the Bill."
"House Bill 3527, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 is offered by Representative Fortner."
"Representative Fortner."
"Thank you, Speaker, Members of the House. Floor Amendment 1 further tightens the area where the Facebook 09900031.docx 139 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 passwords could be requested by schools to those specific acts that have been reported that deal with cyberbullying."
"Gentleman moves for the adoption of Floor Amendment #1 to House Bill 3527. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 2580, Representative Costello. Out of the record. Mr. Clerk, House Bill 811, Representative Drury. Please read the Bill. Out… out of the record. Out of the record, the Representative is saying. House Bill 3268, Representative Ford. Mr. Clerk, please read the Bill."
"House Bill 3268, a Bill for an Act concerning human rights. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3136, Representative Franks. Mr. Clerk, please read the Bill."
"House Bill 3136, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 2706, Representative Hammond. Mr. Clerk, please read the Bill."
"House Bill 2706, a Bill for an Act concerning regulation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed." 09900031.docx 140 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"Third Reading. House Bill 306, Representative Guzzardi. Out of the record. House Bill 810, Representative Drury. Mr. Clerk, please read the Bill."
"House Bill 810, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments have been adopted. Floor Amendment #2 is offered by Representative Drury."
"Representative Drury."
"Thank you, Mr. Speaker. Floor Amendment #2 to House Bill 810 addresses student data privacy. I ask that… that it be adopted."
"Gentleman moves for the adoption of Floor Amendment #2 to House Bill 810. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 4078, Representative Kifowit. Mr. Clerk, read the Bill."
"House Bill 4078, a Bill for an Act concerning government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3475, Representative Mayfield. Mr. Clerk, please read the Bill."
"House Bill 3475, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3761, Representative McAsey. Mr. Clerk, please read the Bill." 09900031.docx 141 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015
"House Bill 3761, a Bill for an Act concerning safety. Second Reading of this House Bill. No Committee Amendments… or Amendment #1 was adopted in committee. No Floor Amendments. Several notes have been requested on the Bill and have not been filed."
"Mr. Clerk, please hold that Bill on the Order of Second Reading. House Bill 4090, Representative Moeller. Mr. Clerk, please read the Bill."
"House Bill 4090, a Bill for an Act concerning civil law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3765, Representative Scherer. Mr. Clerk, please read the Bill."
"House Bill 3765, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3438, Representative Smiddy. Mr. Clerk, please read the Bill."
"House Bill 3438, a Bill for an Act concerning finance. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. A fiscal and man… state mandates note have been requested on the Bill and have not been filed."
"Mr. Clerk, please hold this Bill on the Order of Second Reading. House Bill 1320, Representative Wehrli. Mr. Clerk, please read the Bill."
"House Bill 1320, a Bill for an Act concerning public employee benefits. Second Reading of this House Bill. No 09900031.docx 142 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3211, Representative Welch. Mr. Clerk, please read the Bill."
"House Bill 3211, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 2919, Representative Zalewski. Mr. Clerk, please read the Bill. Out of the record. Members, we're going to move Bills on Third Reading now. First up we have House Bill 3493, Representative Kelly Burke. Mr. Clerk, please read the Bill."
"House Bill 3493, a Bill for an Act concerning domestic violence. Third Reading of this House Bill."
"Representative Kelly Burke." Burke, K.: "Thank you, Mr. Speaker. House Bill 3493 amends the Illinois Domestic Violence Act in regard to emergency orders of protection. Under current statute, it appears that a search warrant can be issued in an emergency order of protection for firearms. And some of the judges in… it was brought to me by the Cook County domestic violence and Cook County domestic relations judges, as well as the Cook County Sheriff, that… that service of a search warrant on an emergency basis… or issuance of a search warrant through an emergency order of protection lends itself to some problems. The… the biggest problem being that the information is being conveyed strictly by the petitioner and is not always verifiable or accurate resulting in occasional difficulties when the Sheriff's Office is trying to issue a warrant and… and doesn’t have 09900031.docx 143 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 correct information. And so, the suggestion was that in emergency orders of protection that a warrant would not be able to be issued, but all the other remedies would stay in place. It's supported by the Illinois Coalitions Against Domestic Violence. I know of no opponents. And I ask for an 'aye' vote."
"On that, we have Representative Sullivan."
"Mr… Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, before we start, I'm… I'm with your Bill. I just want to clarify some things…" Burke, K.: "Sure."
"…for certain Members in the chamber. This Bill, in essence, gives an added layer of transparency before a warrant can be done…" Burke, K.: "Absolutely."
"…by having this." Burke, K.: "Exactly. So, instead of a search warrant being able to be issued when the only testimony is from the petitioner…"
"Right." Burke, K.: "…it… it would not allow the search warrant to be issued. There'd have to be a full hearing then in order… if they were looking for the remedy of a search warrant."
"That… that's what I want to get on record. So, Ladies and Gentlemen, to the Bill. What this does is at times you'll have potentially an order of protection put on and it might not be valid. And so, what this Bill will do is allow for the person whose weapon would be confiscated through warrant an ability to go before the judge and state their case. And so, 09900031.docx 144 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 this is added protections for people that potentially could have their weapon seized from them. So, I am certainly in favor of the Bill and hopefully everyone else would be too. Do… opponents to this Bill though, correct?"
"Representative Burke to close." Burke, K.: "I ask for an 'aye' vote."
"The question is, 'Shall House Bill 3493 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 94 voting 'yes', 20 voting 'no', and 0 voting 'present', House Bill 3493, having received the Constitutional Majority, is hereby declared passed. House Bill 3485, Representative Will Davis. Out of the record. House Bill 2745, Representative Andersson. Mr. Clerk, please read the Bill."
"House Bill 2745, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Andersson."
"Thank you, Mr. Speaker. House Bill 2745 concerns administrative adjudications for non-Home Rule communities. Makes a change to bring non-Home Rule communities into parity with Home Rule communities as far as the postjudgment enforcement process is concerned. All of the other standards already exist, they are the same, but in the case of at the end of the process, once all appeals are exhausted, non-Home Rule communities are required to go through an extra step that requires them, basically, to file a second lawsuit in court to enforce what has already been decided. It does not 09900031.docx 145 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 provide any additional protections to defendants and, in fact, just creates extra process. This Bill would seek to eliminate that process or create the option to eliminate that process and make the… the process more efficient and speedy. With that, I'd take any questions and I ask for your support."
"On that, we have Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"I want to make sure I understand this, Representative. Right now, a Home Rule community can place a lien on a property, correct?"
"That is correct."
"And a non-Home Rule community can as well, correct?"
"They can with the additional process."
"Okay. So, what you're saying is they don’t have to have a judicial rendering of a judgment to be able to place a lien against a property?"
"Well…"
"That's what you're asking for."
"…in… in fact, there is… there is a process already. And this con… contemplates the recording of the… the judgment, if you will, in the court. There…"
"But that's…"
"…there is…"
"…that's not my question."
"Okay. Well, let me try to answer the question."
"Okay."
"So, at present, what happens is there's an extra step for non-Home Rules. And you are correct that they… if the 09900031.docx 146 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 defendant does not utilize the judicial system as they're entitled to, to appeal a decision of a hearing officer, then there would be no additional different process, but there is that right. So any defendant who is dissatisfied with a hearing officer's decision, has the right, and as in any other situation, to go directly to court, appeal that judgment, and get a court ruling out of it."
"Most people don’t have the means to appeal. I… what I'm concerned about is I like to have an impartial third party look at something before we take someone's property rights from them. So, I don’t know why we would ever bypass a judge for making that determination. I don’t know why we would say a municipality, simply based because they're a municipality, should somehow not have to do what every other creditor needs to do and to prove that someone owes them money, then get a judgment, and then record that lien against the property. Why should we treat municipalities different than any other creditor?"
"I… I would disagree with the characterization that we're bypassing the judicial process. There is a judicial process in place. First, there’s the hearing. The hearing is conducted, and by the way, the hearing officer, both in Home Rules and non-Home Rules, is a trained person. He has… it's required to be an attorney with at least three-years practice experience and a lot of backup in Code enforcement. So, there is process at the beginning. Then if, again, a defendant is dissatisfied with it, there is absolutely the right to go to court. Now, I understand your point about the expense of going to court, but at some point, if you want the judiciary 09900031.docx 147 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 involved, there is going to be expense. But let's get to the last step that currently exists for the non-Home Rules. That process is perfunctory in nature. The judge, at that point, because the defendant presumably didn’t… didn’t appeal the decision, the process of the judge is not going to evaluate or vet the propriety of the decision. The process will simply be to determine whether or not the steps were followed, not the substance. So, it's not granting the defendant anything more than what they already have. This creates an extra expense, an extra step, that doesn’t protect anybody with anything."
"Okay. That's a good ex… explanation."
"Thank you."
"Does it give the municipality, whether they're Home Rule or not, does it give them any additional powers for collection because of this?"
"No. It… there would be no distinction on that. Doesn’t give any enhanced powers at all. And in fact, the powers of non-Home Rule, as to what this covers, is less than Home Rule, is more limited."
"So would that change at all?"
"No."
"Okay. Well, thank you for your answers."
"Thank you."
"Representative Andersson to close."
"I would ask for an 'aye' vote."
"The question is, 'Shall House Bill 2745 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? 09900031.docx 148 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Have all voted who wish? Mr. Clerk, please take the record. On a count of 104 voting 'yes', 11 voting 'no', and 0 voting 'present', House Bill 2745, having received the Constitutional Majority, is hereby declared passed. House Bill 4105, Representative Cloonen. Representative Cloonen. Mr. Clerk, please read the Bill."
"House Bill 4105, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Cloonen."
"Yes. Currently for motorcycles in Illinois, there's no provision to show the blue dot as there are in other states. This Bill allows motorcycles to display the blue dot, such as I have in my hand and it's no larger than a dime. It's allowed on antique motorcycles and antique cars, but currently, as I said, it's not allowed on motorcycles. And we would ask for an 'aye' vote so that this could be allowed. One more additional note, it would also allow other… it would make Illinois more friendly to motorcycles from other states so that they can come in our state and display their blue dot as well. I ask for an 'aye' vote."
"Seeing no debate, the question is, 'Shall House Bill 4105 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 114 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 4105, having received the Constitutional Majority, is hereby declared passed. House Bill 3445, Representative DeLuca. Mr. Clerk, please read the 09900031.docx 149 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Bill. Mr. Clerk, please move this Bill back to the Order of Second Reading and read the Bill."
"House Bill 3445, a Bill for an Act concerning notices. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative DeLuca, has been approved for consideration."
"Representative DeLuca."
"I move to adopt Floor Amendment #1 and discuss it on Third Reading."
"Gentleman moves for the… the Amendment… Floor Amendment num… the adoption of Floor Amendment #1 to House Bill 3445. All opposed say 'nay'; all in favor say 'aye'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 3389, Representative Batinick. Mr. Clerk, please read the Bill."
"House Bill 3389, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Batinick."
"This Bill makes a very small technical change. I urge an 'aye' vote."
"Would you like to give a little bit of a discussion…"
"It does…"
"…about the technical change?"
"…the Comptroller said that there was a confusion as to whether 6 months to… to get your financial audits to her. There's a confusion in how long 6 months is. So, it changes 09900031.docx 150 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 6 months to 180 days. That's the essence of what the Bill does because some of the municipalities were confused at the length of time as to what 6 months is. Thank you."
"Thank you, Representative."
"I move for its adoption."
"The question is, 'Shall House Bill 3389 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 115 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 3389, having received the Constitutional Majority, is hereby declared passed. House Bill 3485, Representative Will Davis. Mr. Clerk, please read the Bill."
"House Bill 3485, a Bill for an Act concerning finance. Third Reading of this House Bill."
"Representative Davis." Davis, W.: "Thank you very much, Mr. Speaker. Ladies and Gentlemen of the House, House Bill 3485 seeks to create, through maybe what be… may be considered unconventional means through actually legislation, but it creates a task force to help address some of the issues with regard to fair practices and contracting. It'll create a task force where the Members… Leadership of both chambers, as well as the Governor's Office, will make appointments. And through those appointments, that committee, or task force, will continue to try to further deal with, address, define, some of the challenges in… in contracting, particularly as it relates to minority vendors. And hopefully, we'll come up with some outcomes, some things 09900031.docx 151 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 maybe we can consider in the legislation to help further refine and make that process better for our minority vendors, that includes both African American, Latino, as well as women, veteran-owned businesses. And ironically enough, this Bill does have a sunset date. So, once their work is done, this goes away. I'll be more than happy to answer any questions."
"Seeing no debate, the question is, 'Shall House Bill 3485 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 115 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 3485, having received the Constitutional Majority, is hereby declared passed. Members, we have an announcement. Again, as it was announced before, on Monday, April 20 at 3 p.m., there will be a substantive Amendment deadline. That is the final time to submit substantive Amendments. That's Monday, April 20 at 3 p.m. Representative Cloonen, for what reason do you seek recognition?"
"Sir, I meant to vote 'present' on that last Bill, 3485."
Speaker Turner: "The Journal will reflect your request, Representative."
"Thank you. I appreciate that."
"Mr. Clerk, committee announcements."
"One committee hearing for this afternoon has been canceled. The Elementary & Secondary Education: Charter School Policy Committee hearing scheduled for this afternoon has been canceled. The following committees will meet immediately upon adjournment. Judiciary – Criminal Law 09900031.docx 152 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Committee will meet in Room D-1. Appropriations – General Services Committee will meet in Room 118. The Renewable Energy & Sustainability Committee will meet in Room 413. The Energy Committee will meet in Room 122. And at 4 p.m. the following committees will meet. The Appropriations – Public Safety Committee will meet in Room 114. The Higher Education Committee will meet in Room C-1. And the Judicial – Civil Law Committee will meet in Room 115."
"And now, allowing perfunctory time for the Clerk, Leader Currie moves that the House adjourn ‘til Thursday, April 16 at the hour of 1 p.m. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the House is adjourned."
"House Perfunctory Session will come to order. Introduction and First Reading of House Bills. House Bill 4201, offered by Representative Durkin, a Bill for an Act… an Act making appropriations. First Reading of this House Bill. Introduction and First Reading of Senate Bills. Senate Bill 44, offered by Representative Phelps, a Bill for an Act concerning wildlife. Senate Bill 45, offered by Representative Andersson, a Bill for an Act concerning civil law. Senate Bill 54, offered by Representative McAuliffe, a Bill for an Act concerning regulation. Senate Bill 73, offered by Representative Wehrli, a Bill for an Act concerning education. Senate Bill 82, offered by Representative Hammond, a Bill for an Act concerning education. Senate Bill 681, offered by Representative Phelps, a Bill for an Act concerning conservation. Senate Bill 718, offered by Representative Rita, a Bill for an Act concerning regulation. Senate Bill 09900031.docx 153 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 721, offered by Representative Mussman, a Bill for an Act concerning children. Senate Bill 786, offered by Representative Currie, a Bill for an Act concerning civil law. Senate Bill 809, offered by Representative Durkin, a Bill for an Act concerning criminal law. Senate Bill 835, offered by Representative Hoffman, a Bill for an Act concerning local government. Senate Bill 1582, offered by Representative Breen, a Bill for an Act concerning transportation. Senate Bill 1588, offered by Representative Sims, a Bill for an Act concerning criminal law. Senate Bill 1589, offered by Representative Beiser, a Bill for an Act concerning transportation. Senate Bill 1591, offered by Representative Martwick, a Bill for an Act concerning education. Senate Bill 1603, offered by Representative Greg Harris, a Bill for an Act concerning transportation. Senate Bill 1612, offered by Representative Franks, a Bill for an Act concerning revenue. Senate Bill 1645, offered by Representative Wallace, a Bill for an Act concerning regulation. Senate Bill 1673, offered by Representative Verschoore, a Bill for an Act concerning safety. Senate Bill 1684, offered by Representative Conroy, a Bill for an Act concerning State government. Senate Bill 1707, offered by Representative Nekritz, a Bill for an Act concerning safety. Senate Bill 1717, offered by Representative Brown, a Bill for an Act concerning the Prairie Wind Trail. Senate Bill 1734, offered by Representative Franks, a Bill for an Act concerning local government. Senate Bill 1739, offered by Representative Franks, a Bill for an Act concerning State government. Senate Bill 1741, offered by Representative Franks, a Bill for an 09900031.docx 154 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 31st Legislative Day 4/15/2015 Act concerning finance. Senate Bill 1743, offered by Representative Franks, a Bill for an Act concerning State government. Senate Bill 1751, offered by Representative Feigenholtz, a Bill for an Act concerning State government. Senate Bill 1894, offered by Representative Wehrli, a Bill for an Act concerning State government. Senate Bill 1921, offered by Representative Sente, a Bill for an Act concerning State government. First Reading of these Senate Bills. There being no further business, the House Perfunctory Session will stand adjourned." 09900031.docx 155