Saturday, September 26, 2009

Illinois General Assembly, video gaming, and the spirit and intent of the Constitution


I’m changing direction this week. Although I plan more posts on healthcare nationalized, this week I’m going to cover the State of Illinois and its new push to increase revenue by allowing gambling/video gaming throughout the State.

I had intended to end my series on video gaming on Saturday the 19th. However, I have more to say and it seems apparent that healthcare nationalized will not occur this week and may not occur this year—nor should it.

Pay close attention! Tonight, a basic lesson on how our State legislature violated the spirit and intent of the Constitution and prevented the people of Illinois from voicing their opinion on important legislation. Our example tonight is the passage of H.B. 255 which now allows video gaming throughout the State in every establishment that sells alcohol by the glass.

All information is from the website of the House of Representatives and put into my format. From the beginning to the end with a knife in the back of the people of Illinois:

“Bill Status of HB0255
96th General Assembly

Short Description: ESTATE AND GST TAX-QTIP”

NOTE: the “short description” throughout has nothing to do with video gaming. Unless you knew what you were looking for, you would not know to investigate H.B. 255 as a bill/law dealing with VIDEO GAMING!!!

“House SponsorsRep. Lou Lang

Senate Sponsors (Sen. John J. Cullerton - Donne E. Trotter)”

“Last Action

Date: 5/22/2009
Chamber: House
Action: House Concurs 086-030-001; SA 1, 3 (Motion Pending)” [SA 1, 3 means Senate Amendments 1 and 3]

“Synopsis As Introduced
Amends the Illinois Estate and Generation-Skipping Transfer Tax. Provides that the State tax credit for the estates of persons dying after December 31, 2005 and on or before December 31, 2009 includes a reduction for qualified terminable interest property. Provides that the trustee of a trust for which a QTIP election is made may not retain non-income producing assets for more than a reasonable amount of time without the consent of the surviving spouse. Effective immediately.”

NOTE: Originally H.B. 255 dealt with “estates of persons dying after December 31, 2005.” But never fear, in a twinkling of an eye, it will change to a bill legalizing video gaming.

“Actions: (beginning with the bill dealing with estates—my addition)

Date: 1/20/2009
Chamber: House
Action: Filed with the Clerk by Rep. Elaine Nekritz

Date: 1/20/2009
Chamber: House
Action: First Reading (Important first step—my addition)

Date: 1/20/2009
Chamber: House
Action: Referred to Rules Committee

Date: 2/04/2009
Chamber: House
Action: Assigned to Revenue & Finance Committee

Date: 3/03/2009
Chamber: House
Action: Added Chief Co-Sponsor Rep. Elizabeth Coulson

Date: 3/12/2009
Chamber: House
Action: Recommends Do Pass Subcommittee/ Revenue & Finance Committee; 003-000-000

Date: 3/12/2009
Chamber: House
Action: Remains in Revenue & Finance Committee

Date: 3/12/2009
Chamber: House
Action: Do Pass / Short Debate Revenue & Finance Committee; 013-000-000

Date: 3/12/2009
Chamber: House
Action: Placed on Calendar 2nd Reading—Short Debate

Date: 3/12/2009
Chamber: House
Action: Added Chief Co-Sponsor Rep. Thomas Holbrook

Date: 3/18/2009
Chamber: House
Action: Second Reading—Short Debate (Important second step—my addition)

Date: 3/18/2009
Chamber: House
Action: Placed on Calendar Order of 3rd Reading—Short Debate

Date: 3/24/2009
Chamber: House
Action: Fiscal Note Filed

Date: 3/24/2009
Chamber: House
Action: Third Reading—Short Debate - Passed 112-001-000 (Important third step—my addition)

Date: 3/24/2009
Chamber: House
Action: Added Chief Co-Sponsor Rep. William B. Black

Date: 3/24/2009
Chamber: House
Action: Added Chief Co-Sponsor Rep. Patricia R. Bellock

NOTE: At this point H.B 255 still deals with the estates of dead people. The bill has gone through three readings as a bill dealing with the estates of dead people. But wait! In the Senate, things change (Is this the “change you can believe in” that Illinois Senator Barack Hussein Obama talked about when running for the Presidency?):

“Date: 3/25/2009
Chamber: Senate
Action: Arrive in Senate

Date: 3/25/2009
Chamber: Senate
Action: Placed on Calendar Order of First Reading March 26, 2009

Date: 3/25/2009
Chamber: Senate
Action: Chief Senate Sponsor Sen. Don Harmon

Date: 3/26/2009
Chamber: Senate
Action: First Reading (Important first step—my addition)

Date: 3/26/2009
Chamber: Senate
Action: Referred to Assignments

Date: 4/22/2009
Chamber: Senate
Action: Assigned to Revenue

Date: 4/22/2009
Chamber: Senate
Action: Added as Alternate Chief Co-Sponsor Sen. Tim Bivins

Date: 4/30/2009
Chamber: Senate
Action: Do Pass Revenue; 008-000-000

Date: 4/30/2009
Chamber: Senate
Action: Placed on Calendar Order of 2nd Reading May 5, 2009

Date: 5/07/2009
Chamber: Senate
Action: Second Reading (Important second step—my addition)

Date: 5/07/2009
Chamber: Senate
Action: Placed on Calendar Order of 3rd Reading May 12, 2009

Date: 5/20/2009
Chamber: Senate
Action: Alternate Chief Sponsor Changed to Sen. John J. Cullerton (John Cullerton is the President of the Senate which means “Senate Democrats you had better support this bill it is being sponsored by your leader!”—my addition)

Up to this point, the bill in both the House and the Senate dealt with the estates of dead people. But watch what happens in three days and in only one day in the Senate! Who says the Illinois legislature can’t get things done quickly?

Date: 5/20/2009
Chamber: Senate
Action: Senate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton

Date: 5/20/2009
Chamber: Senate
Action: Senate Floor Amendment No. 1 Referred to Assignments

Date: 5/20/2009
Chamber: Senate
Action: Senate Floor Amendment No. 1 Assignments Refers to Executive

Date: 5/20/2009
Chamber: Senate
Action: Senate Floor Amendment No. 1 Recommend Do Adopt Executive; 012-000-000

Date: 5/20/2009
Chamber: Senate
Action: Senate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton

Date: 5/20/2009
Chamber: Senate
Action: Senate Floor Amendment No. 2 Referred to Assignments

Date: 5/20/2009
Chamber: Senate
Action: Sponsor Removed Sen. Tim Bivins

Date: 5/20/2009
Chamber: Senate
Action: Senate Floor Amendment No. 3 Filed with Secretary by Sen. John J. Cullerton

Date: 5/20/2009
Chamber: Senate
Action: Senate Floor Amendment No. 3 Referred to Assignments

Date: 5/20/2009
Chamber: Senate
Action: Senate Floor Amendment No. 3 Be Approved for Consideration Assignments

“Senate Floor Amendment No. 1

Replaces everything (REPLACES EVERYTHING!!! MAKING it an entirely NEW BILL having NOTHING to do with the estates of dead people!!!—my addition) after the enacting clause. Creates the Video Gaming Act (i) to allow licensed retail establishments where alcoholic liquor is served for consumption, licensed fraternal establishments, and licensed veterans establishments and truck stops to conduct video gaming and (ii) to require taxes to be deposited into the Capital Projects Fund and Local Government Video Gaming Distributive Fund. Creates the Capital Spending Accountability Law to require GOMB to make reports. Amends the Riverboat Gambling Act to provide for administration and enforcement by the Illinois Gaming Board. Amends the State Finance Act (i) to create the Capital Projects Fund and to require transfers to GRF and to require the Fund to be used for capital projects and debt service, (ii) to create the Local Government Video Gaming Distributive Fund, and (iii) to stop all diversions from the Road Fund to the Secretary of State and the State Police. Amends the use tax and occupation tax Acts (i) to provide that candy, certain beverages, and grooming and hygiene products are taxed at the 6.25% rate (instead of the 1% rate) and (ii) to require deposit of the increased revenue into the Capital Projects Fund. Amends the Motor Fuel Tax Law to make changes concerning the Grade Crossing Protection Fund. Amends the Liquor Control Act of 1934 to increase the tax on wine, on beer, and on alcohol and spirits. Amends the Illinois Vehicle Code (i) to increase various fees and fines and require deposit of the increased revenue into the Capital Projects Fund and (ii) to make changes concerning load and weight restrictions. Amends the Illinois Lottery Law (i) to allow the Department of Revenue to conduct the Lottery through a management agreement with a private manager and (ii) to authorize a pilot program that allows an individual to purchase Illinois lottery tickets on the Internet. Provides for revenue from the Internet program, after payment of vendor compensation, to be deposited into the Common School Fund and the Capital Projects Fund. Amends the University of Illinois Act to require the University to conduct a study on the effect on Illinois families of members of the family purchasing Illinois Lottery tickets and to report its findings. Amends the Gambling Article of the Criminal Code of 1961 to make corresponding changes. Effective July 1, 2009, except that some parts related to truck weights take effect January 1, 2010.”

“Senate Floor Amendment No. 3
Provides that the bill does not take effect unless House Bill 312 of the 96th General Assembly, as amended, becomes law. Amends the Environmental Protection Act. Provides that the Underground Storage Tank Fund is not subject to administrative charges authorized under Section 8h of the State Finance Act.”

“Date: 5/20/2009
Chamber: Senate
Action: Recalled to Second Reading

Date: 5/20/2009
Chamber: Senate
Action: Senate Floor Amendment No. 1 Adopted; Cullerton

Date: 5/20/2009
Chamber: Senate
Action: Senate Floor Amendment No. 3 Adopted; Cullerton

Date: 5/20/2009
Chamber: Senate
Action: Placed on Calendar Order of 3rd Reading

Date: 5/20/2009
Chamber: Senate
Action: Added as Alternate Chief Co-Sponsor Sen. Donne E. Trotter

Date: 5/20/2009
Chamber: Senate
Action: Third Reading—Passed; 047-012-000 (Important third step and done the same day the original bill was completely gutted and changed to video gaming [and other issues] by Amendments 1 and 3. NOTE: for the original first two readings, the bill was completely different dealing with the estates of dead people—my addition.)

Date: 5/20/2009
Chamber: Senate
Action: Senate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)”

In one day, the Senate completely gutted the bill and passed it!

“Date: 5/20/2009
Chamber: House
Action: Arrived in House (as amended—my addition)

Date: 5/20/2009
Chamber: House
Action: Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 3

Date: 5/20/2009
Chamber: House
Action: Senate Floor Amendment No. 1 Motion Filed Concur Rep. Elaine Nekritz

Date: 5/20/2009
Chamber: House
Action: Senate Floor Amendment No. 3 Motion Filed Concur Rep. Elaine Nekritz

Date: 5/20/2009
Chamber: House
Action: Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee

Date: 5/20/2009
Chamber: House
Action: Senate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee

Date: 5/20/2009
Chamber: House
Action: Senate Floor Amendment No. 1 Motion to Concur Rules Referred to Executive Committee

Date: 5/20/2009
Chamber: House
Action: Senate Floor Amendment No. 3 Motion to Concur Rules Referred to Executive Committee

Date: 5/20/2009
Chamber: House
Action: Remove Chief Co-Sponsor Rep. Elizabeth Coulson

Date: 5/20/2009
Chamber: House
Action: Remove Chief Co-Sponsor Rep. Patricia R. Bellock

Date: 5/20/2009
Chamber: House
Action: Remove Chief Co-Sponsor Rep. William B. Black

Date: 5/21/2009
Chamber: House
Action: Chief Sponsor Changed to Rep. Michael J. Madigan (Of course, Michael Madigan is Speaker of the House which means “House Democrats you had better support this bill it is being sponsored by your leader!”—my addition)

Date: 5/21/2009
Chamber: House
Action: Added Chief Co-Sponsor Rep. Lou Lang

Date: 5/21/2009
Chamber: House
Action: Senate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Executive Committee; 010-000-000

Date: 5/21/2009
Chamber: House
Action: Senate Floor Amendment No. 3 Motion to Concur Recommends be Adopted Executive Committee; 010-000-000

Date: 5/21/2009
Chamber: House
Action: Remove Chief Co-Sponsor Rep. Thomas Holbrook

Date: 5/21/2009
Chamber: House
Action: Remove Chief Co-Sponsor Rep. Lou Lang

Date: 5/21/2009
Chamber: House
Action: Chief Sponsor Changed to Rep. Lou Lang

Date: 5/21/2009
Chamber: House
Action: Senate Floor Amendment No. 1 House Concurs 086-030-001

Date: 5/21/2009
Chamber: House
Action: Senate Floor Amendment No. 3 House Concurs 086-030-001

Date: 5/22/2009
Chamber: House
Action: House Concurs 086-030-001; SA 1, 3 (Motion Pending)

Date: 5/22/2009
Chamber: House
Action: Motion Filed to Reconsider Vote Rep. Lou Lang

NOTE: In the House of Representatives the first reading of the bill occurred on “Date: 1/20/2009, Chamber: House Action: First Reading (Important first step—my addition)” The second reading occurred on “Date: 3/18/2009, Chamber: House, Action: Second Reading—Short Debate (Important second step—my addition)” And the third reading occurred on “Date: 3/24/2009, Chamber: House, Action: Third Reading—Short Debate - Passed 112-001-000 (Important third step—my addition)” All three readings in the House of Representatives occurred from January 20th through March 24th and the bill at these times dealt with the estates of dead people. If the public wanted to comment upon or influence the outcome of the legislation, they would be doing so in relation to the estates of dead people. That was the topic of H.B. 255 on the dates of all three readings.

Why is that important? This is what the Illinois Constitution says in relation to passing a bill to have said bill become a law:

“Constitution of the State of Illinois, adopted in Convention at Springfield, September 3, 1970. Ratified by the People, December 15, 1970. In force July 1, 1971.

Article IV—The Legislature, Section 8. Passage of Bills

(d) A bill shall be read by title on three different days in each house. A bill and each amendment thereto shall be reproduced and placed on the desk of each member before final passage.”

Where exactly is it possible for the people to comment and influence the passage of H.B. 255 to legalize video gaming? The three readings in three days provision was put into the Illinois Constitution to allow for public input—otherwise three readings on three different days would be redundant. All three readings in the House occurred when the bill dealt with a TOTALLY DIFFERENT subject. Two of the three readings in the Senate occurred when the bill dealt with a TOTALLY DIFFERENT topic. The Amendments, to TOTALLY CHANGE (“Change you can believe in!”) the bill passed in the Senate, were added, the third reading occurred, and the bill was passed in the Senate all in ONE DAY!

Do you believe, when the Illinois Constitution was adopted, the intent of the Illinois Constitution was to allow amendments to a bill to TOTALLY CHANGE the bill and CIRCUMVENT the provision of three readings in three days? If the actual Constitutional wording was not violated, the spirit and intent of the Constitution certainly were!

WHO NEEDS THE PUBLIC!!! THE GENERAL ASSEMBLY KNOWS WHAT IS BEST FOR THIS STATE—NOT the CITIZENS!!!

The underhanded process used to pass this law is enough, in and of itself, to justify communities banning video gaming or passing a referendum against it. Don’t you think?

Did your Representative vote to increase gambling in Illinois? Why? Did your Senator vote to increase gambling in Illinois? Why?

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