"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 May 25, 2015: recommends be adopted referred to the floor is Floor Amendment #3 to Senate Bill 1824; approved for consideration referred to Second Reading is House Bill 3219; approved for consideration referred to Consideration Postponed Calendar is House Bill 2743; recommends be adopted are the Motions to Concur with Senate Amendment #1 to House Bill 1337, Senate Amendment #1 to House Bill 1453, Senate Amendments 1 and 2 to House Bill 2462, Senate Amendment #1 to House Bill 2513, Senate Amendment #1 to House Bill 2755, Senate Amendment #1 to House Bill 3079, Senate Amendment #1 to House Bill 3093, Senate Amendment #1 to House Bill 4044, Senate Amendment #1 House Bill 4090."
"The House will be in order. Happy Memorial Day. Welcome to Springfield. Members will be in their chairs. We shall be led in prayer today by Reverend Doctor Tim Smith, who is with Firth… First Baptist Church of El Paso in El Paso. Dr. Smith is the guest of Representative Bennett. Members and guests are asked to refrain from starting their laptops, turn off cell phones, and rise for invocation and Pledge of Allegiance. Dr. Smith."
"The Lord is in His Holy Temple. Would all the Earth keep silence before Him? Almighty God, creator of Heaven and Earth, we remember the words of Jesus, who said greater love has no one than this to lay down one's life for a friend. In reflecting on the ultimate sacrifice made by American military members throughout the ages, we are grateful today 09900054.docx 1 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 for freedom, but we are also keenly aware of the enormous price that has been paid to preserve that freedom. We ask that You comfort those military families whose lives have been radically altered by the inevitable consequences of war. We also ask your continued blessing and protection on all who wear the uniform today. Humbly in His name we pray. Amen."
"We'll be led in the Pledge today by all those who have served in the armed forces and their families." All those who have served in the armed forces and their families – et al: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Leader Currie."
"Please let the record show that Representatives Monique Davis, Jones, Mayfield, and Soto are excused today."
"Mr. Brown."
"Thank you, Mr. Speaker. Please let the record reflect that the following Representatives are excused today: Cabello, Hays, Ives, Jesiel, Phillips, Pritchard, and Stewart. Thank you."
"Is Mr. Morrison here? Good… good. Please take the record, Mr. Clerk. There are 106 Members present and we do have a quorum. Mr. Clerk."
"Introduction of Resolutions. House Resolution 521, offered by Representative Kay. This is referred to the Rules Committee."
"Mr. Wehrli. Welcome back, Sir."
"Thank you, Leader. Point of personal privilege." 09900054.docx 2 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Proceed."
"As you are aware, last week I lost my father. He was a loving husband for 64 years, father of 7, and on this Memorial Day, a veteran of the Korean Conflict. I just want to say thank you on behalf of myself and the entire Wehrli family, for everyone who texted, called, sent a card, or sent flowers. Your support through a difficult time is very much appreciated. Thank you."
"Thank you, Mr. Wehrli. Representative Hurley."
"Point of personal privilege."
"Proceed."
"I just want to say hi to some members of my district. We have Tish, Courtney Williams, Paul Williams, and we have Julius and Ian Gonzalez from the 35th District visiting us here on Memorial Day."
"Welcome to Springfield. We're happy to have you with us. Mr. Bennett."
"Thank you, Mr. Chairman. Point of personal privilege, please."
"Go right ahead, Sir."
"Thank you, Sir. In the gallery today, we had Reverend Tim Smith give our prayer, but, in the gallery is his wife Valerie, daughter Rachel, and daughter Rebecca. And also in the gallery is my sister Carol and her husband Jerry. If we could give them a warm round of applause. They're back behind me. Thank you."
"Happy you're with us. Thank you. Thank you very much. Mr. Batinick."
"Thank you, Mr. Speaker. A point of personal privilege." 09900054.docx 3 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Please proceed, Sir."
"I have two important constituents in the House today. My daughter, Abby and my son Brian."
"Welcome. Keep an eye on your father for us, would you? Mr. Demmer."
"Thank you, Mr. Speaker. A point of personal privilege."
"Please proceed."
"I'd like to give a warm Springfield welcome to two young men who are Paging here today who… maybe they'll end up serving in this chamber one day. We have two guys from my district, Brett Borough and David Swegle. Welcome to Springfield."
"Welcome. Thank you. Ladies and Gentlemen, we're starting on Page 15 of the Calendar calling some Bills on Senate Bills–Second Reading. If you have a Bill that's ready to go, please be awake. Senate Bill 47, Mr. Dunkin. Mr. Dunkin. Out of the record. Senate Bill 226, Mr. Welch. Please read the Bill."
"Senate Bill 226, a Bill for an Act concerning education. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 368, Mr. McAuliffe. Mr. McAuliffe. Out of the record. Senate Bill 418, Mr. Turner. Mr. Turner. Out of the record. Senate Bill 508, Mr. Crespo. Please read the Bill."
"Senate Bill 508, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed." 09900054.docx 4 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Mr. Crespo is recognized."
"Thank… Thank you very much. I believe there's an Amendment… a Floor Amendment has been filed."
"Well if you filed an Amendment, then let's hold the Bill on the Order of Second…"
"Yes, please."
"…Reading, Sir."
"Thank you."
"Senate Bill 655, Mr. Rita. Mr. Rita. Out of the record. Senate Bill 731, Mr. Guzzardi. Please read the Bill."
"Senate Bill 731, a Bill for an Act concerning regulation. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #2 was adopted by Representative Guzzardi. No further Amendments have been approved for consideration."
"Third Reading. Senate Bill 936, Mr. Mautino. Mr. Mautino. Please read the Bill."
"Senate Bill 936, a Bill for an Act concerning local government. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1 is offered by Representative Mautino."
"Mr. Mautino."
"Thank you. This is a TIF extension for the Village of Crestwood. And all letters are in. I know of no objections."
"Those in favor of the Amendment will say 'yes'; opposed say 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed." 09900054.docx 5 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Third Reading. Senate Bill 1747, Mr. Sims. Mr. Sims. Out of the record. Senate Bill 1820, Representative Lilly. Representative Lilly. Out of the record. Senate Bill 1824, Mr. Zalewski. Please read the Bill."
"Senate Bill 1824, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. Floor Amendments 1 and 3 have been approved for consideration. Floor Amendment #1 is offered by Representative Meier."
"Mr. Meier on the Amendment."
"Yes. This… this Amendment would allow the Zoo… Zoological Association of America to al… also be exempt from this current Bill."
"Mr. Zalewski on the Amendment."
"Just to be clear, Mr. Speaker, on the Amendment. This is not my… I do not wish for this Amendment to be adopted. This is a, for lack of a better word, it's a hostile… a hostile Amendment. So I'd ask that this Bill be held… this Amendment be held."
"Are you taking the Bill out of the record or you're just speaking against the Amendment."
"He… there's other Amendments that are going to have to be adopted, Mr. Speaker. So, I don’t know if I should just go to the next Amendment or we have to deal with this Amendment before we go to the next Amendment?"
"Well the Gentleman has an Amendment on the board, Sir."
"I wish to not adopt this Amendment. I understand the Gentleman's Motion. And I understand it's an important issue 09900054.docx 6 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 for his… for his constituency. But to… to adopt this Amendment would not comply with the spirit of… of the Bill."
"Mr. Sandack on the Amendment."
"Inquiry of the Chair."
"State your inquiry."
"Assuming the Gentleman doesn’t withdraw the Motion… the Bill right now, we're having a roll call vote on the Amendment. Isn't that correct?"
"We're having a debate on the Amendment, Sir."
"And… and then eventually there'll be a need to either adopt the Amendment or not, correct?"
"That is correct, Sir."
"And in that case, I'm asking, is it a roll call vote or a voice vote?"
"It will be up to the Chair unless somebody requests a roll call vote."
"I'll… I am requesting a roll call vote in that instance then, Sir."
"Then… then there will be a roll call vote, Sir."
"Thank you."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. On the Amendment, a question of the Spons… or… A question of the… can I ask the Sponsor of the Bill versus the Amendment?"
"We'll allow you to do that, Sir. Mr. Zalewski." Harris, D.: "Rep… Representative, the… the Amendment simply provides that the Zoological Association of America is also an exempt group. Why is that objectionable to the Bill?" 09900054.docx 7 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Mr… Mr. Speaker, am I yielding to questions on the… on the Amendment?"
"The… the Gentleman asked if he could ask you why, as the Sponsor of the Bill, you had a problem with…"
"Okay."
"…Mr. Meier's Amendment. And I thought you would want to answer that question."
"I… I do. I just want to be clear."
"Please do."
"I… David, the issue with Charlie's Amendment is, and I understand his need to file it, and we had a lengthy debate on this in… in committee. The Zoological Association of America, the one that is… wishes to be included in this Amendment, is not… in the… in my opinion and the opinion of the proponents of the Bill, of the same caliber as this… as the Secondary Zoo Association, the American Zoos… Zoological Association. As a result, the… the accreditation that goes with the Zoological Association, the one Charlie is talking about, it… it just doesn’t comply with the spirit of the Bill. Now, you can vote 'no' on the Bill in chief, but… but to adopt this Amendment would com… would go against the spirit of the legislation itself. So, I'd… what I'd prefer is if there's challenges with the Bill itself, just vote 'no' on the Bill. But don’t adopt this Amendment because then the Bill loses the reason we're… we're pushing the Bill." Harris, D.: "Well, I… I understand that you would want the Bill clean the way you have it. But the Amendment is on the board right now. And it seems to me that, and I'm not familiar with zoological associations. Whether it's the Zoological 09900054.docx 8 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 Association of America or the American Zoo Association, which one is better than the other. But, if this is a reputable organization, it just strikes me as being a reasonable Amendment."
"Yeah. I think we're just going to have to agree to disagree, David. Again, I… I understand the issue. And we had a person testify. But, the Bill came out of the Agriculture Committee without this Amendment. I… I understand what Charlie's doing. I'm always amenable to a trailer Bill or seeing if we could sit down with the Gentleman that is in Charlie's district over the summer. But… but for right now, I prefer the Amendment not be adopted." Harris, D.: "Okay. Thank you for your answers. Thank you, Mr. Speaker."
"Mr. Thapedi."
"Thank you, Mr. Speaker. Will the movant yield?"
"Mr. Meier yields."
"Charlie."
"Yes?"
"How are you?"
"Just wonderful."
"Walk me through exactly what's going on here. Because I think that if I heard the Sponsor correctly, that he intends to file some subsequent Amend… Amendments. So, if he were to file some subsequent Amendments, he essentially could gut your Amendment. So, what are you trying to accomplish? And… and I know Mr. Zalewski to be someone that's always amenable to working and negotiating. So… so what exactly is going on here?" 09900054.docx 9 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Well, the two different organizations, the big difference is… is if you pay $30 thousand a year, you can belong to the AZA. If you pay 6 thousand a year, you belong to the ZAA. The… last year as we worked on our herptile Bill for the State of Illinois, we turned to the ZAA and we asked them for experience. So, we turned to them, we asked them for their experience to come help the State of Illinois work on their Bill. We recognized them then as an active, good agency dealing with the animals in our environment that we're trying to save. They have been added on in… if you watch TV, Jack Hanna, who has all the shows on supporting our wildlife, he is a member of ZAA. We have many other memberships, large zoos that are memberships. We have the Fort Worth Zoo as a membership, the Richmond Metro Zoo, Fossil Rim Wildlife Park, Six Flags, are all members of this organization. We've got… they have 58 accredited facilities in 41 states and 5 countries. And they are responsible for breeding endangered animals and keeping that genetic pool out there for us. They are working in Texas, North Carolina, and Ohio with state Bills there. So this is not some… not quackery organization. This organization is working in many other states trying to protect the wildlife of the world."
"Gentlemen, may I interrupt you to go to Mr. Zalewski for a moment?"
"Mr. Speaker, I wish to pull this Bill from the record."
"The Bill shall be taken from the record. House… excuse me, Senate Bill 1847, Representative Gabel. Please read the Bill." 09900054.docx 10 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Senate Bill 1847, a Bill for an Act concerning public aid. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 1921, Representative Sente. Please read the Bill."
"Senate Bill 1921, a Bill for an Act concerning State government. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #2 is offered by Representative Sente."
"Representative Sente."
"Thank you, Mr. Speaker. I'd like to recommend that Floor Amendment 2 be adopted. This is a simple change that removes the legislative and judicial agencies. So it just focuses on the executive agencies."
"Those in favor of the Amendment say 'yes'; opposed say 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Senate Bill 1312, Representative Kelly Burke. Please read the Bill."
"Senate Bill 1312, a Bill for an Act concerning utilities. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #2 is offered by Representative Kelly Burke."
"Representative Burke." Burke, K.: "Thank you, Mr. Speaker. Floor Amendment 1 simply adds a requirement that the Illinois Commerce Commission requested in terms of having the… the electric companies, solar companies, and ARES provide them with information and 09900054.docx 11 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 cooperation so that they can make the report required in the underlying Bill."
"Mr. Sandack."
"Will the Sponsor yield?"
"Sponsor yields."
"Kelly, I thought I heard you say Floor Amendment #1, we're on Floor Amendment #2, right?" Burke, K.: "I'm so sorry. Thank you."
"Okay. So, the Amendment that you just put forward is, with respect to the second Amendment, and because of… I… I have a hold on my folder here. Does that take care of any opposition or objections?" Burke, K.: "Right, the… I'm sorry. The ICC had asked us to include the language that's in Floor Amendment 2 to make it easier for them to put the report together."
"And did that take care of any opposition that you're aware of?" Burke, K.: "As… as far as I'm aware of."
"Thank you."
"Those in favor of the Amendment say 'yes'; opposed say 'no'. The 'ayes' have it. Mr. Clerk. The Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Senate Bill 1820, Representative Lilly. Please read the Bill."
"Senate Bill 1820, 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 is offered by Representative Lilly." 09900054.docx 12 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Representative Lilly."
"Thank you, Mr. Speaker, and Ladies and Gentlemen. This Bill basically allows for the local municipalities to make sure that they can really assist the businesses to do a better business with pawn shops. If there's no question, I'd like to ask for an 'aye' vote."
"Those in favor of the Amendment say 'yes'; opposed say 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Senate Bill 418, Mr. Turner. Please read the Bill."
"Senate Bill 418, a Bill for an Act concerning public aid. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1 is offered by Representative Turner."
"Mr. Turner."
"Mr. Speaker, can I get just one second to get my computer working? It's not… having issues over here. Thank you, Mr. Speaker. Senate Bill 418, the… the Amendment is a gut and replace Amendment that becomes the Bill. The language is provided by DCEO and ensures that the revenues that are incurred in the fund in a previous fiscal year are spent on the… in a later fiscal year. Then the 10 percent of the funds that remain unspent from the previous fis… fiscal year can be spent on administrative expenses in the fiscal year they've expended."
"Those in… Mr. Sandack on the Amendment." 09900054.docx 13 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Thank you, Mr. Speaker. Art, I… I got to tell you I didn’t follow much of that. What's the… and maybe I couldn’t… Thank you. Thank you, Sir."
"The Amendment isn't much different than what was included in the original Bill. It was just some technical cleanup language. I started to almost explain the Bill itself. Could we just do that on Third Reading?"
"Sure."
"Those in favor of the Amendment say 'yes'; opposed say 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Leader Currie for a Motion, please."
"Thank you, Speaker, Members of the House. I move to suspend the posting requirements so that Senate Joint Resolution 9 can be heard in Agriculture, House Resolution 495 in Approps – Elementary & Secondary, House Resolution 419 in Approps – Human Services, Senate Bill 1629 in Cities & Villages, House Resolution 460 in the Community College Committee, House Resolution 513 in Elementary & Secondary – School Curriculum, House Joint Resolution 67 also in… in Elementary – School Curriculum, Senate Bill 637, House Resolution 431, and House Resolution 440 in the Executive Committee, House Resolutions 435 and 477 in Higher Ed, House Resolutions 417, 429, 450, 455, 457, 471, 478, 485, 497 and House Joint Resolution 77 in Higher Ed, House Joint Resolution 76 in Judiciary – Civil, House Resolution 498 in Judiciary – Criminal, House Resolution 439 and House Resolution 442 and Senate Joint Resolution 7 in Labor & Commerce, House 09900054.docx 14 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 Resolution 451, Senate Joint Resolution 13 in Revenue & Finance, Senate Joint Resolution 3 in Tourism, House Resolution 479, 512, House Joint Resolutions 68, 69, 71, 72, and 74, 75, and Senate Joint Resolution 2 in Transportation – Regulation. I know of no objection to the Motion. I'd appreciate your support."
"You heard the Lady's Motion. Is there leave? Leave is granted. And the Bills and Resolutions referred to in the Lady's Motion will have their posting requirements suspended. Senate Bill 655, Mr. Rita. Please read the Bill."
"Senate Bill 6…"
"Out of the record, Mr. Clerk. I'm sorry. Moving to the Order of Senate Bills - Third Reading. Page 7 of the Calendar, the first Bill on that order is Senate Bill 7, Mr. Mitchell. Please read the Bill."
"Senate Bill 7, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Mr. Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. Just give me one moment to get my laptop started following Leader Turner's example."
"Why don’t you just use his computer?" Mitchell, C.: "That's actually a good point. All right. I thank the Speaker and the Members for your indulgence. All right. So, I want to thank Senator Raoul as well as Lurie Hospital, which is in my district for their great work on this Bill. Effectively, what this does is establish both Return to Play and Return to Learn protocols for student athletes who have suffered from concussions. I also want to thank both Representative McAsey and Representative Sente who've done 09900054.docx 15 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 really great work on this. But I'm available for questions. We had a very thorough discussion on this in committee. It's a great Bill and deserves an 'aye' vote."
"Mr. Sandack."
"Thank you. A few questions of the Sponsor."
"Sponsor yields."
"Christian, I have no doubt it's a great Bill but maybe you could explain it." Mitchell, C.: "Yeah. Ab…"
"I don't… I don't think you did." Mitchell, C.: "Sir, no, no, no."
"I was looking at my analysis, but I would appreciate just a little bit of a breakdown for the ra… record." Mitchell, C.: "Sure. Absolutely. So, look… so, right now, IHSA has established some of these protocols that applies to schools across the board using similar protocols, and establishes basically three things. So, one is… what is often not known about concussions or appreciated commonly is not only how long it takes someone to return to the field but also how long it takes them to return to the classroom. So, it asks to establish return-to-learn protocols. One thing I had… want to emphasize, Ron, is that the School Management Alliance is neutral on this Bill in no small part because it allows folks using existing resources to figure out how they comply with both this and the return-to-play activities and encourages our park districts as well to be supplying student athletes, parents, coaches with materials."
"So, essentially, these are just best practices to be employed for students who had concussions whether they're 09900054.docx 16 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 returning to the classroom or a sporting event or a field and it's not going to require any new allocation of funds." Mitchell, C.: "That's correct."
"Thank you very much. I appreciate answering the questions." Mitchell, C.: "Absolutely."
"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? Phelps, Tryon. Please take the record. On this question, there are 104 voting 'yes', 1 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 32, Representative Willis. Please read the Bill."
"Senate Bill 32, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Representative Willis."
"Thank you, Mr. Speaker. This Bill takes care of… First off, the Amendment was just a technicality. We're correcting the fines on this. What this does is it makes it illegal for minors to possess electronic cigarettes or alternative nicotine devices. We've made it illegal for them to purchase, but we were unfortunately finding that minors were still getting a hold of them. So, this adds that to the possession in the Tobacco Act. I urge an 'aye' vote."
"Mr. Guzzardi."
"Thank you, Mr. Speaker. A question of the Sponsor?"
"Sponsor yields." 09900054.docx 17 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Forgive me for not being better prepared on this Bill, Representative Willis. What are the… the penalties that are established for the minors if they are to be found in possession of these substances?"
"It is a petty offense. The first offense is 15 hours community service or a $25 fine. And it goes up to second offense, I believe, is $25… oh, I'm sorry… 25 hours of service and a $50 fine. The intent is really to just get them to realize that they shouldn't have them."
"Okay. Thank you, Representative."
"Representative Nekritz."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, do we have spo… do we have this similar kind of penalty for possession of cigarettes?"
"This is the exact same penalty for possession of cigarettes by minors."
"Very good. Thank you."
"Mr. Thapedi."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Kathleen, I know that you talked a little bit about what the penalties were and you delineated what those penalties are, but are those expungable offenses?"
"I honestly don't know that. Considering it's a petty offense…"
"Okay."
"…I don't think it's… it's not like necessarily an arrest record…" 09900054.docx 18 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Sure."
"…that it would have to be. It's more like a ticket."
"Would it be fair to say then that your legislative intent would be that these would, in fact, be expungable offenses?"
"I would certainly say that is my intent."
"Thank you."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Lots of business. Please take the record. There are 106 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 44, Mr. Phelps. Please read the Bill."
"Senate Bill 44, a Bill for an Act concerning wildlife. Third Reading of this Senate Bill."
"Mr. Phelps."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I have Senate Bill 44. It creates the Unmanned Aerial System Oversight Task Force. Everybody and their brother is a member now, so I'd ask for an 'aye' vote."
"Those… Forget those. Mr. Sandack is recognized."
"Thank you. Representative, is this the Bill there were 11 Amendments on?"
"Yeah. And I think there's going to be more, but just because as a courtesy I stopped it. So, there's only 11."
"Thank you for stopping the Amendment process. I don't know if there's an award for how many Amendments are put on 09900054.docx 19 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 a Bill, but I'm… I'm going to call it. Anyone that gets after 11 the Phelps Award winner."
"Thank you, Ron."
"Now, 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. Anthony. Please take the record. There are 106 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 45, Mr. Andersson. Please read the Bill."
"Senate Bill 45, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"Mr. Andersson."
"Thank you, Mr. Speaker. Senate Bill 45 creates the Uniform Interstate Depositions and Discovery Act. It provides a mechanism for the issuance by the Circuit Clerks for subpoenas from discovery from other states. The process allows for presentation of an out-of-state subpoena to a clerk without instituting a separate case file and without additional filing fees. This amended process will expedite civil litigation and reduce unnecessary expense to all litiga… litigants. The Bill is a uniform Act. It's been adopted by 31 states, the District of Columbia and my personal favorite territory, the U.S. Virgin Island. It's an initiative of the ISBA. The defense sparts… supports it. I know of no opposition to 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? Please take the 09900054.docx 20 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 record. There are 105 voting 'yes' and 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 66, Mr. Ford. Please read the Bill."
"Senate Bill 66, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Mr. Ford."
"Thank you, Mr. Speaker and Members of the House. Senate Bill 66 is a simple Bill that passed the Senate, and it's now worked its way through the House with three Amendments. And with the three Amendments, the Bill is agreed. And as it simply amends and clarifies the Resale Dealers Act. I move for adoption of Senate Bill 66."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Burke. Please take the record. On this question, there are 106 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Thapedi."
"Mr. Speaker, may the record reflect that on Senate Bill 45 that I should be recorded as a 'yes'."
"The record will reflect your intention, Sir. Senate Bill 90, Mr. Breen. Please read the Bill."
"Senate Bill 90, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"Mr. Breen."
"Thank you, Mr. Speaker. This is a Bill to protect seniors from having Wills drafted when they are under a plenary guardianship or under a limited guardianship where they have 09900054.docx 21 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 been found to have no testamentary capacity. It would create a rebuttable presumption that such a Will is void unless they go to court first and there'd be a new court procedure. This was a proposal of the Cook County probate judges. Has also gotten the approval of the ISBA, the Cook County Public Guardian's Office, National Academy of Elder Law Attorneys. And I thank Senator Silverstein as well for sponsoring this in the Senate and working with us on that. Would ask for an 'aye' vote."
"Those in favor of the Gentleman's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Acevedo. Please take the record. On this question, there are 106 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 107, Representative Conroy. Please read the Bill."
"Senate Bill 107, a Bill for an Act concerning revenue. Third Reading of this Senate Bill."
"Representative Conroy."
"Thank you, Speaker. This is two Bills that we put together that will benefit our disabled citizens. The Bill provides that the assessed value of a home cannot increase because the homeowner mod… makes modifications to the home to make it more accessible. It also allows that our disabled veterans bring… receive property tax breaks, so if they are 30 to 49 percent disabled, they receive a $2500 credit; 6… 50 to 69 percent, 5 thousand; and if they are 70 percent disabled, they ae exempt from paying property taxes. And I would like a 'yes' vote." 09900054.docx 22 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Mr. Franks."
"To the Bill, Mr. Speaker. I'd like to first thank the Sponsor. I've been trying to get something passed like this for a long time and it took her efforts to be able to help amend this Bill to get this where it should be. And I think it is a very appropriate day that we're passing this Bill. Ladies and Gentlemen, what this Bill will do is to provide property tax relief for disabled veterans by changing the standard homestead exemption. Understand, today of all days, is the day we ought to be doing this. This was brought to me by my local veterans' organizations. I've been trying to get this done for years. And Representative Conroy, in her efforts, was able to maneuver to get this placed on her Bill so we can vote on this today. So, I thank her. And I encourage everyone to vote 'yes' on… in honor of those that have been serving us."
"Mr. Sandack."
"Thank you. A few questions of the Sponsor."
"Please proceed."
"Deb, I think it's a great Bill too. Just want to make sure for purposes of the record. We're talking about improvements for accessibility that would help a disabled person, not improvements to the home on a decorative level or…"
"No. No, no, no."
"Okay."
"We're talking, you know, wheelchair ramps, widening of a doorway that… But currently, if you do that to your home, 09900054.docx 23 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 it increases the value of your home and it's added to your assessed value."
"And it shouldn't be."
"Absolutely not."
"And… and so, but structural things: a new roof or something like that, would not be part of this program directly associated with or attributable to a disabled person's ability to use their home."
"Correct. This is only for their disability."
"Excellent. I, too, join the previous speaker and the Sponsor in saying this is a great Bill. Well done, Representative Conroy. And I encourage a 'yes' vote."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 106 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Senate Bill 125. Please put the Bill on the Order of Second Reading at the request of the Sponsor. Senate Bill 202, Mr. Zalewski. Mr. Zalewski. Please read the Bill."
"Senate Bill 202, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Mr. Zalewski."
"Mr. Speaker, is there an Amendment pending on this Bill?"
"Mr. Clerk."
"For Senate Bill 202, Floor Amendment #1 has been adopted. No further Amendments have been filed." 09900054.docx 24 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"What's your pleasure, Sir?"
"I wish to move the Bill to Third Reading Mr. Speaker."
"It's on the Order of Third Reading, Sir."
"Oh. Thank you, Mr. Speaker. On Senate Bill 202 creates a… an Accelerated Resolution Court for the issues of… I'm using Representative Mitchell's computer… it… it requires the… it creates an Accelerated Resolution Court pilot program for the issues of retail theft or trespass. There's an Amendment that's agreed to by the… by… I believe by the State's Attorneys Office or at least mollify by a lot of their concerns. I… It's… This is an initiative of Sheriff Dart. He believes it will add to the criminal justice reform initiatives we've been working on. And I'd ask for an 'aye' vote."
"Mr. Sandack."
"…Bill. Mr. Speaker, to the Bill. I… I rise in strong support of the Gentleman's Bill. This Accelerated Resolution Court Act or a rocket docket is intended to accelerate resolution of matters for nonviolent property offenses. And it provides that if a case isn't dealt with in 30 days of referral, that the defendant is released from custody on his or her own recognizance. This is an attempt to get the process moving faster with respect to nonviolent criminals. And I think this is something the Governor has talked about trying to be right on crime. I suggest a 'yes' vote."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. A question of the Sponsor."
"Sponsor yields." 09900054.docx 25 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 Harris, D.: "Representative, does this refer to only nonviolent crimes? Are violent crimes eligible for this accelerated resolution?"
"I believe, David, that the idea here is to only deal with crimes of property offenses, so theft… retail theft, trespassing, where the sheriff sees habitual offenders who are committing this offense get artificially high I bonds; and therefore, are not released in their own recognizance and they stay in the jail system. This attacks the problem of nonviolent offenders remaining in the jail because of artificially high bonds." Harris, D.: "Thank you."
"Representative Flowers."
"Thank you. Mr. Speaker. Will the Gentleman yield?"
"Sponsor yields."
"Representative, what about marijuana?"
"What about it, Mary?"
"I want to know smoothing about marijuana in regards to this legislation. Would… would offenders of marijuana be able take advantage of this?"
"No… no, Mary. What… the sheriff wants… this is a pilot program, so the sheriff wanted to start small. If you couple that fact to the fact that my colleague, Representative Cassidy, passed uniform citation law, our hope is that the marijuana offenses will not be… well, in the future, marijuana offenses won't lead to more people being in the jail system and this won't… this legislation won't be needed for that problem." 09900054.docx 26 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"So, once again, can you just explain to me who might qualify for this electronic monitoring? What group of defenders might this be applicable to, please?"
"A person whom is charged with the offense of retail theft or trespassing. He has a background that would lead a Cook County judge to set an artificially high cash bond. This Bill would force that process of getting them before a judge sooner so they can get the I bond and get their case resolved, disposed of."
"Thank you very much. I appreciate it."
"Thank you, Mary."
"Thank you."
"Those in favor of the Gentleman's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? McDermed. Please take the record. On this question, there are 71 voting 'yes', 36 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Returning to Senate Bill 125, Representative Feigenholtz. Please read the Bill."
"Senate Bill 125, a Bill for an Act concerning agriculture. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1 is offered by Representative Feigenholtz."
"Representative Feigenholtz."
"Thank you. Ladies and Gentlemen of the House, this Amendment further clarifies what the intent of the Bill attempts to do by adding words that result in injury to or death of an animal." 09900054.docx 27 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"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. Senate Bill 207, Mr. Evans. Please read the Bill."
"Senate Bill 207, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Mr. Evans."
"Thank you, Mr. Speaker and the great Members of this Assembly. Senate Bill 207 adds to aggravated battery factors. There's 28 current factors of a weigh in and this adds the 29th which is in regards to folks with a mental disability. I ask for your support."
"Those in favor of the Bill say 'yes'; opposed… Excuse me. Those in favor of the Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Breen, McDermed. Please take the record. 107 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 209, Mr. Mitchell. Please read the Bill."
"Senate Bill 209, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Mr. Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. Senate Bill 209 is an agreed Bill thanks to the Attorneys Association and domestic violence advocates. And it effectively does two things. One, creates a mitigating factor for domestic violence in the case of an intimate partner. Second, provides for the possibility 09900054.docx 28 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 of postjudgment relief in a case where there was no evidence of domestic violence against the person presented at the sentencing hearing. In the case of a forcible felony where the domestic violence may have been a contributing factor, victims would be eligible for the possibility of relief. It is not a mandate. It is an option for judges to provide post- judgment relief for up to two years after the original sentencing. The time lapse is because often, given the nature of domestic violence, it takes some time for a partner through counseling through time to understand what's happened to them. It gives us an option to deal with some of these folks inside the system. It is a… a good Bill that I, again, note is agreed. And I would ask for an 'aye' vote and welcome your questions."
"Representative Cassidy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, the provision that you're referring to is in the Code of Civil Procedure. Will the victims be notified?" Mitchell, C.: "I appreciate the question, Representative. I want to be clear on this for the purpose of legislative intent. The answer to your question is yes. The petition for relief from judgment is essentially a motion for reduction in sentence. Therefore, the right of Crime Victims and witness Act requires the victims who have asserted their rights be notified and afforded the opportunity to be at any sentencing."
"And who will notify the victim?" 09900054.docx 29 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 Mitchell, C.: "That would be the prosecutor, Representative."
"Thank you. I support your Bill and urge an 'aye' vote."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. There are 106 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 220, Mr. Davidsmeyer. Mr. Davidsmeyer. Please read the Bill."
"Senate Bill 220, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Mr. Davidsmeyer."
"Thank you, Mr. Speaker. Senate Bill 220 actually just allows the Illinois School for the Deaf and Illinois School for the Visually Impaired to operate similar to schools for the deaf and visually impaired in other states where they're allowed to hire like a normal school district would. They don't have to go through the entire process of state hiring which is… has kind of hindered their ability to hire the best and the brightest because of the delays. And I will take any questions."
"Mr. Sosnowski, does not wish to speak. 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. Evans. Please take the record. There are 107 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 223, Mr. Ford. Please read the Bill." 09900054.docx 30 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Senate Bill 223, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Mr. Ford."
"Thank you, Mr. Speaker, Members of the House. I move for the adoption of Senate Bill 223. This is an initiative of the Life After Sentencing Project at Loyola University. The Bill is agreed. It's subject to appropriation and it allows for the ISAC to make any rules shall the Bill be adopted and if money is ever available. It's for exonerated people that may be given a pardon by the Governor, so that they can receive up to eight semester credit hours for university schools. I move for the passage of Senate Bill 223."
"Mr. Sandack."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields."
"La Shawn, I obviously understand the purpose of this. This is for people that have been exonerated of a criminal allegation. What would this expenditure if we just used last year's number of people exonerated and I have no idea what that number is, maybe you do. What would it cost the state to fulfill your Bill and the programs underneath it?"
"Well, you know, I don't… I can't answer that question. I think that the universities are not opposed to it. There's no opposition to the measure. And so, I can't answer that question. It's subject to appropriation, so we have time to shell, you know, if we decide we want to implement it to figure it out."
"No, no. Again, I… it's a lofty aspirational thing and I think it's obviously it applies to peoples', you know, good 09900054.docx 31 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 naturedness particularly when someone's been exonerated of a criminal offense to which she or he did not commit and we want to make the matter right. However, we're essentially giving away a free education and I just want to know what it would cost using any one in 2012 numbers, '13 numbers, any baseline number of exonerated persons so we could ascertain what it would cost to fulfill your program."
"Yeah. I knew that that would be a question and the Senate Sponsor knew that that would be a question. That's why it's subject to appropriation, so that we can work with the Illinois Department of Student Financial Assistance program so that they could come up with the numbers and maybe implement it into the budget. And so, right now, we have not studied it enough to know exactly what it'll cost. That's why it's only subject to appropriation."
"And I appreciate that. And I'm going to. This seems like a good pilot project type of initiative, meaning we figure out five or six persons who may be applicable and utilize that as a baseline to determine what it would really cost because I think what you're trying to do makes perfect sense and it's a good thing. I just don't know under any scenario if we could afford it."
"Well, you know, Leader Sandack, I think that what you're saying makes a lot of sense as well. That's why the Bill says that ISAC may adopt and administer any rules necessary… So, the Bill says that ISAC may adopt any administrative rules necessary for implementation and administration of this educational grant. So, I think that then in this Body we could work with ISAC and provide some type of guidance and 09900054.docx 32 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 leadership to help them implement a program like this. This Bill is subject to appropriation and I think that what you're saying should be suggested to ISAC and to the Senate Sponsor. And I think I'll support your effort as well."
"Thank you, Representative. I appreciate the dialogue. To the Bill. I think this is a thoughtful idea and I think it's well intended and I think the Gentleman's answers substantiate the same. Let's be clear. Illinois does compensate people who've been exonerated just like many states. The idea of adding on compensation for education, again, a good idea, but we have… we haven't the faintest idea what it will cost, not even a scintilla of a clue. So, I think this is one of those Bills that we ought to go back to the drawing board, maybe draw up a task force or a pilot program because to do this, even though it says subject to appropriations, we do that a lot around here and that's not good budgeting by and large. So, regretfully, I'm going to urge a 'no' vote just because I don't think it's soup yet and I think we can do a heck of a lot better to get our arms around this situation and provide for something that may be achievable. Thank you, Mr. Speaker."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I understand what you're trying to do here and I agree with what you're trying to do. But I do have a couple of questions 'cause I… I think… we'll take a look at what the prior speaker, I understand there may be some issues 09900054.docx 33 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 with the Bill. Is there any time period where one has to be incarcerated for them to be eligible for this?"
"It's all subject, as I said, to appropriations and it's up to the department to make the rules for the eligibility of the assistance."
"Okay. 'Cause I just didn't know, you know, I could see someone… we've seen people who have been on death row who didn't do what they were accused of doing. I couldn't imagine the horrors they had to go through and then trying to rebuild their life would be very difficult. But I… I understand what you're trying to do with those who don't have their GEDs and I think that's appropriate that we should certainly pay for that and make sure. But what about the person who was wrongfully convicted and incarcerated and then exonerated who has no interest in going to college but instead would rather get a trade? Could we do something that would make more… that we could provide them some grant funds to get either educated op… you know, in a formal education such as college or you know, community college or a four-year university or perhaps help them get… get a trade? Because I'm not sure this Bill would allow someone who doesn't wish to get… to go to college to be able to get a trade."
"Well, while I think that if you could talk to ISAT about that, I think that we could work that out. That's… I mean, it's not… This Bill is subject, as I said, to appropriation. It's also set to rule-making with ISAT. So, if ISAT feels that they want to include community colleges, they can and so, JCAR can also include community colleges in it if that's what they so choose." 09900054.docx 34 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Well, the problem though, the way the Bill is written, as I'm reading the Bill it doesn't allow for one to get trained in a trade. Instead, it pays semesters in tuition as long as they're making satisfactory academic progress. So, perhaps we can do a trailer Bill on this because I don't think the rules would get what you need, but I think for legislative intent we may wish to say that we'd like to give people the option so they can get… they could become productive members of society and get back into the workforce when much of their life has been taken from them."
"You're absolutely right, Representative Franks. It would be good to do a trailer Bill for this and it's my responsibility as the House Sponsor to carry out the wishes of the Senate Sponsor. And I think that I'll speak with him and see why we can't do a trailer Bill to include…"
"All right. Thank you…"
"…trade schools."
"Thank you. If we do that, I think… I think we make it a much stronger law. So, thank you."
"Representative Flowers."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of the Gentleman's Bill. We're talking about exonerees, people who were found innocent of not… they were found innocent and they served time in prison. We owe them an education. And years ago when we passed the Certificate of Innocence, part of that legislation included job training. Now, I thought it also included education, but this is what we owe these people. And if you look around the state, and again, I'm going to have to refer to what the state 09900054.docx 35 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 is saying about the state, that we have failed people who were trying to go to school; we failed in education. And what… and the reason why we are having the tax problems or the revenue problems because we do know an educated society more people would go to work and they would be paying in taxes. And by us preventing these people, again, from doing what they probably would have done had we not interfered with their lives. This is merely about education. This is merely about giving the people who are deservant of the opportunity to get on with their lives because education was taken away in prison and now, it's going to be taken away again while they are free. This is a good piece of legislation. Again, when we passed the Certificate of Innocence, it granted… the state has the obligation to give job training and they should also have the obligation, if the exonerees wants it, that they should be able to get an education. That's one thing that you cannot take away. I urge an 'aye' vote."
"Mr. Kay."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields."
"Representative, can you tell me now how much money that we presently give those that are exonerated?"
"No. I said no."
"You don't know?"
"I can't tell you."
"Well, what if I told you that it was somewhere in the neighborhood of $253 million. In other words, about $26 million a year already paid out to people who have been exonerated." 09900054.docx 36 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015
"Is that… is that lawsuit money for their wrong…"
"That's… No, that's just money the state provides to an exonerated person."
"Okay. But then…"
"And then they also have… they also have the right to sue the state. You aware of that too?"
"Yes."
"Okay. So, what you're saying then is we also ought to pay an additional sum of money on top of the moneys that they either get from the state or they get from a lawsuit to educate them?"
"What I'm saying is that a person was wrongfully convicted by the state, therefore, they should be… and the Governor pardoned them and they were exonerated… and I'm saying that we should do everything that we can, as a good state, to help them get back on track so that they can be more productive and less dependent on the state."
"Yeah. I… Representative, I understand where you're going and I think your motives are pure, but we have 10 people right now who are asking to be or put in the position of exonerated persons. And that's going to cost the state $300 million. And my question is, how much is enough?"
"I… Well, I think that we should do everything that we… in our ability to take care of those that we wrongfully convicted of a crime."
"Well, I'm not…"
"And I don't know how much is enough when you have people that may have been convicted and they left their families behind and their families struggled because they lost their 09900054.docx 37 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 loved one. And so, I don't know if we could say we got to cut it off at some point."
"Well, I guess my point is that the State of Illinois does pay millions of dollars. We still… those individuals still have the right to sue for judgments, those are money judgments, and then, on top of that, what you're saying today is we need to spend money to educate people. And I just… not saying it's a bad concept, I just want everyone to understand that this isn't their sole remedy and that being the education. So, with that, I'm going to harken back to what a previous Representative said, we don't know what the cost of this program is. We do know what the cost to the state has been and may be in the future and I think a little bit more thought might go into your Bill with respect to at least coming to us and saying it's going to take x number of dollars per day, per week, per month to get this done. So…"
"Well…"
"…Mr. Speaker, I'm going to ask for a 'no' vote on this piece of legislation."
"Mr. Zalewski."
"Will the Sponsor yield, Mr. Speaker?"
"Sponsor yields."
"La Shawn, does it… certificate of exoneration mean? What is it… what is the legal meaning of getting exonerated by the Governor?"
"An exonerated person… the definition is, an individual receiving a pardon from the Governor of Illinois issued on the grounds of innocence of a crime for which he or she was in prison for something that they did not commit and they 09900054.docx 38 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 received a Certificate of Innocence from the Circuit Court. So, they…"
"So, the savings…"
"Yeah, sorry."
"Finish your thoughts, La Shawn."
"And so, that's the person that was in prison for a crime that they did not commit. The Governor saw fit for them to be pardoned and released from prison. They were given a Certificate of good… of Innocence. And so, now, they're an exonerated citizen."
"It's safe to say then, based on that answer, that if a Governor, after review by his legal team, went through the file. It got through several layers of his… his legal review, got to his office. He signed an exoneration petition and the person was exonerated. It's safe to say that a Governor from the State of Illinois will have found that person innocent."
"That… I agree."
"Okay. Based on that, Mr. Speaker, to the Bill. I think the Gentleman has an excellent Bill. And I urge an 'aye' vote."
"Mr. Drury."
"Thank you, Mr. Speaker. To the Bill. I rise in strong support of this legislation. For the last two and a half years I and a bunch of other people in this chamber have worked tirelessly to make sure that people, who are in prison for crimes they did not commit, don't end up in that situation. Just to make clear, we are talking about people who have spent time in an Illinois prison for a crime they did not commit. I recently was invited to speak at the Illinois Innocence 09900054.docx 39 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 Project here in Springfield. And in the room with me at the time were individuals that collectively had spent over 200 years in prison in Illinois for crimes they did not commit. Over 200 years in prison for crimes they did not commit. I don't think the question that we should be asking is how much is enough. I think we should be asking the question, how do we stop this conduct and how do we right the wrongs that we've committed. And this Bill goes a long way towards doing this. If it costs the state some money, then maybe it will act as a deterrent to prevent us from doing this in the future. So, I want to commend the Sponsor for bringing this Bill forward. And I strongly urge an 'aye' vote."
"Representative Gordon-Booth."
"Thank you, Mr. Speaker. To the Bill. I also rise in strong support of the Gentleman's Bill. When we think about what happens to men and women that are falsely in prison, and then have the… the great fortune of being exonerated, we also have to think about the toll that that has not only taken on their lives but also the lives of their families. These men have had a lot taken away from them. They have had system after system failed them. The least that we could do on this day is to forward the Gentleman's Bill and give many of these men and women the opportunity to try and build their lives back together. I urge an 'aye' vote."
"Mr. Ford to close."
"Thank you, Mr. Speaker and Members of the chamber. And I want to thank the initiative by the… of the Life After Innocence project of Loyola University. They worked very hard on this. And they worked very hard to help individuals that 09900054.docx 40 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 have been wrongfully accused. It's safe to say that if we follow Texas law, for example, now, exonerees receive almost $10 thousand for job training and they receive a hundred and twenty hours of college credit in the State of Texas. Senate Bill 223, as many of the speakers have spoken about, simply rights the wrong for those that have been wrongfully convicted. The Bill is subject to appropriations and the rule- making is to be made by the Illinois Department of… the Illinois Student Assistance Commission. So, therefore, the Bill will not go into effect even if the Governor signs it. It simply will need the appropriation measures in order for the grants to take effect. I urge an 'aye' vote for Senate Bill 223."
"Those in favor of the Gentleman's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Gordon-Booth. Please take the record, Mr. Clerk. There are 67 voting 'yes', 39 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Returning to Senate Bills-Second Reading, there appears Senate Bill 47, Mr. Dunkin. Mr. Dunkin. Mr. Dunkin. Somebody let Mr. Dunkin know I'm talking to him. Out of the record. Senate Bill 1747, Mr. Sims. Out of the record. Mr. Clerk, Agreed Resolutions."
"Agreed Resolutions. House Resolution 515, offered by Representative Chapa LaVia. House Resolution 516, offered by Representative Gordon-Booth. House Resolution 517, offered by Representative Gordon-Booth. House Resolution 518, offered by Representative Bellock. House Resolution 519, offered by 09900054.docx 41 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 Representative Bennett. And House Resolution 520, offered by Representative Will Davis."
"Leader Currie moves for the adoption of the Agreed Resolutions. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Agreed Resolutions are adopted. Chair recognizes Mr. Poe."
"Personal point."
"Proceed, Sir."
"I'd like to introduce my Page for the day from Chatham, right south of Springfield. And she's in junior high and her name is Bella Lytle. And she's very interested in politics. And we're glad to have her here today. Thank you."
"Welcome. Thank you for being with us today. Mr. Costello."
"Thank you, Mr. Speaker and Members. I know we're having our Memorial Day celebration tomorrow here in the chamber, but since it is Memorial Day, I think it would only be proper that we all stand and take a moment of silence for those that have given their lives in defense of our country and our Constitution."
"The Body will take a moment of silence. Thank you, Mr. Costello. Mr. Batinick."
"Thank you, Mr. Speaker. A point of personal privilege."
"Proceed, Sir."
"In the spirit of the bipartisanship that is just sweeping across this town, the… the freshmen have decided, in honor of Memorial Day, freshmen on both sides of the aisle have decided to donate their per diem to the local military not-for-profit of their choice. So, I just wanted to let 09900054.docx 42 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 everybody know that. I want to thank all the freshmen for deciding to do that with us. Thank you very much."
"Very nice, very nice. Mr. Zalewski."
"Point of personal privilege, Mr. Speaker."
"Proceed, Sir."
"A reminder that White Sox Caucus is this Thursday at 6:00 at Brown's and go, Blackhawks."
"Mr. Clerk, committee announcements."
"The following committees will meet at 4 p.m. today. The Appropriations-Higher Education Committee will meet in Room 118 and the Appropriations-Public Safety Committee will meet in Room 114. The previously scheduled Executive Committee has been canceled."
"…recognizes Mr. Brown for an announcement."
"Thank you, Mr. Speaker. The Republicans request an immediate caucus in Room 118."
"And the Democrats will caucus immediately upon adjournment in Room 114. Immediately upon adjournment, immediately upon adjournment. And now, leaving perfunctory time for the Clerk, Leader Currie moves that the House stand adjourned 'til Tuesday, May 26 at the hour of 11 a.m. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the House does stand adjourned 'til Tuesday, May 26 at the hour of 11 a.m. Immediate caucuses on both sides of the aisle."
"House Perfunctory Session will come to order. Introduction and First Reading of Senate Bills. Senate Bill 1441, offered by Representative Bradley, a Bill for an Act concerning transportation. First Reading of this Senate Bill. 09900054.docx 43 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/25/2015 There being no further business, the House Perfunctory Session will stand adjourned." 09900054.docx 44