Illinois House Floor Debate — May 29, 2017

"The House will be in order. We'll… we'll be joined by a Boy Scout color guard this morning in honor of Memorial Day. We shall be led in prayer today by Reverend Dr. Willie Stallworth, who is the pastor of Unity Lutheran Church in East St. Louis. Pastor Stallworth is the guest of Representative Greenwood. Members and guests are asked to refrain from starting their laptops, turn off cell phones and rise for the invocation and Pledge of Allegiance. Reverend."

"We shall be led in the Pledge by all veterans of the Illinois House."

"Roll Call for Attendance. Leader Currie."

"Speaker… Thank you, Speaker. Please let the record show that Representative Drury is excused."

"Mr. Demmer."

"Mr. Clerk, please take the roll. We have 115 Members present and we do have a quorum. Happy Memorial Day. Mr. Riley is recognized."

"Thank you very much, Mr. Speaker. A point of personal privilege."

"You may proceed, Sir."

"On this thoughtful and reverent Memorial Day. I'm really glad to see some young men here that if I was back home, I'd probably be in a parade with them. See all these Scouts. I just want to let you know in a House of three Eagle Scouts and three vigil honor members, it's really good to see you all today. Give these young men a round of applause, please."

"Thank you. Representative Winger is recognized."

"Please proceed."

Speaker Lang: "Welcome aboard. Happy you're here with us. Representative Tabares." 10000057.docx 2  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Thank you, Mr. Speaker. I just want to recognize the Boy Scouts from the… in the Speaker's Gallery. Want to give them a big round of applause. I also want to welcome Felix Gonzalez, who's also here today. He's from my neighborhood. Hey, Felix, thanks for coming. Let's give a big round of applause for all the good work that the Boy Scouts are doing."

"Welcome. Thank you, Representative. Welcome to the House chamber. Mr. Clerk, House Resolution 334. Representative Dan Burke."

"Mr. Burke." Burke, D.: "Thank you, Mr. Speaker. And happy Memorial Day to all those present. And it is my delight to make arrangements for those young men that you saw a moment ago presenting colors in this chamber. There are approximately 25 young people from my district as well as some others. And I'd like to suggest that we recognize this group of young men who've made the trip to our State Capitol from the heart of Chicago. These individuals are as selfless as they are dedicated. When they are initiated, as a matter of fact, they take an oath to help other people at all times, to keep themselves physically strong, mentally awake, and morally straight. Mr. Speaker and Members of the Body, the Resolution has been put before this chamber today recognizes the Iroquois Trails District which represents 32 scouting troops totaling over 1 thousand scouts 10000057.docx 3  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 and 350 adult members and volunteers. The scouting district itself represents a diverse collection of neighborhoods in Chicago including Archer Heights, Back of the Yards, Bridgeport, Brighton Park, Canaryville, Cicero, Ford City, Gage Park, Little Village, Marshall Square, McKinley Park, Midway, Pilsen, South Lawndale, and West Elsdon. Some of these neighborhoods, Ladies and Gentlemen, are the most underserved in the city where few, if any, community-based youth programs are present. Recognition must be given to the Iroquois Trail District leadership for spearheading outreach into these underserved areas. In most cases, they go door to door recruiting membership. Their commitment to help guide our children to make ethical and moral choices not just as scouts, but as individuals, good citizens must be highlighted and recognized today. This outreach has resulted in 300 new scouts joining troops in 2016 alone making it one of the fastest growing youth organizations in Chicago. It also should be noted 13 scouts attained the highest rank achievable that of Eagle Scout. Some of them are here with us today in the gallery. In 2016, the scouts themselves has… have collectively volunteered over 5 thousand hours of service in their communities as well as participated in honor flights to D… to D.C. with local veterans. In his scouting district, they have collected the most food in the U.S. during last year's scouting food drive. I ask that we recognize the valiant work of all these folks associated with the Boy Scouts of America, Iroquois Trails District that they have brought back the rich tradition of scouting and community service to the heart of Chicago and rightly so, must be commended for 10000057.docx 4  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 it. I'd like the Body to acknowledge with a greeting and a warm welcome to all these young folks that have joined us today from Chicago."

"Welcome. We're so happy you're with us in the chamber on Memorial Day. Mr. Harris." Harris, D.: "Thank… thank you, Mr. Speaker. And I want to congratulate the Sponsor of this Resolution for bringing it forward honoring the Boy Scouts not just in the Iroquois Trail District, but all the Boy Scouts and the traits that they learn as Boy Scouts really do stay with them throughout their lives. As a matter of fact, and you all in the gallery can correct me if I get this wrong, but a scout is trustworthy, loyal, helpful, friendly, courteous, kind, brave, clean, and reverent. Thank you very much."

"That was pretty good, Sir. This Resolution has already been adopted. Chair recognizes Mr. Demmer for an announcement."

"Bear with the Chair one second, Sir. Mr. Clerk."

Speaker Lang: "And now at the request of Mr. Demmer, the Republicans will go to caucus immediately in Room 118. The House will be in recess 'til the hour of 11:30 a.m." 10000057.docx 6  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"The House will come to order. Representative Sommer, for what reason do you seek recognition?"

"Please proceed, Sir."

"Thank you, Representative. Thank you, Members. On page 10 of the Calendar, we have Senate Bill 8, Representative Riley. Mr. Clerk, please read the Bill."

"Representative Riley."

"Mr. Speaker, I'd like to rescind Floor Amendment #2."

"Gentleman moves to rescind Floor Amendment #2. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is rescinded. Mr. Clerk."

"Representative Riley."

"I'd like to present Floor Amendment #3. Floor Amendment #3 to Senate Bill 8 just adds some clarity as, you know, many of you know Floor Amendment #1 becomes our procurement Bill. In an effort, really, to… and I think we did a good job working with everyone, not only colleagues but the committee but agencies also and outside individuals. Last Friday… as a matter of fact, last Friday as we were doing our commemorations to the fallen, there was a meeting and the meeting dealt with small issues that some of the agencies had. And some of them were, you know, very small, some of them dealt with interpretation. Some were scrivener's errors, a difference of opinion, but there were some substantive parts too that we had a long discussion about and we're actually adopting now. And as you can see in your analysis, it deals with contract reporting requirements, some things regarding what the CPO does, removing some provisions under the CPO, 10000057.docx 8  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 CPO's responsibilities and so on. So, that's what we're adopting in Floor Amendment #3."

"Gentleman moves for the adoption of Floor Amendment #3 to Senate Bill 8. 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."

"Third Reading. Mr. Clerk, please read Senate Bill 8 for a third time."

"Representative Riley."

"Thank you, Mr. Speaker. Senate Bill 8 is our… and I mean our… procurement Bill. We took Senate Bill 8 prior to House Amendment #1, and we had a long process of vetting out this Bill. We had a number of subject matter hearings over the last four months. We received a lot of participation from Members, Members of our committee, and other Members who wanted to give us their opinion about this Bill. And as I say, we had subject matter hearings all over the state, a number in Chicago and a number down here in Springfield. And we think we came up with a… a very good measure. Again, one of the things that I always said from the beginning was it was something that we can both agree on… everybody can agree on. In many ways it was sort of a management exercise about the best way to allow people in this state to do business with the state. And so, we incorporated a lot of features from our very important subject matter hearings. Many of you had pieces of legislation that dealt with procurement that we 10000057.docx 9  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 tried in the Bill. As a matter of fact, many of those aspects of what you wanted to try to do are in the Bill. Breen, Batinick, Butler, Will Davis, a lot of what you brought before us are a part of this Bill. So, along with changes with the responsibilities of CPO, some exemptions in the Procurement Code, dealing with small businesses and minority contracts, some new procurement measures, some things that we did in the Governmental Joint Purchasing Act, we think this is a very good piece of legislation. I thank everyone who participated and will take questions."

"Chair recognizes Representative Batinick."

"Representative Riley to close."

"Thank you very much. This is our Bill. We worked together on it. Again, procurement, very important, very involved, very complex, there's going to be a 2.0. And we're going to work together, matter of fact, we've already got meetings set up for this summer to make further improvements. And things like this, good government, good Bills are just a work in process, so… progress. And so, let's all endeavor to… to work 10000057.docx 10  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 together, make it better and hope that the Governor signs this Bill as soon as possible. Thank you very much."

"The question is, 'Shall House Bill… excuse me… 'Shall Senate Bill 8 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', 0 voting 'present', Senate Bill 8, having received the Constitutional Majority, is hereby declared passed. On page 5 of the Calendar, on Senate Bills under Third Reading, we have Ho… Senate Bill 675, Representative Evans. Mr. Clerk, please read the Bill. Mr. Clerk, can you please move this Bill back to the Order of Second Reading and read the Bill."

"Representative Evans."

"Thank you, Mr. Speaker and great Members of the Assembly. In response to a lot of questioning and in an effort to attempt to move a good piece of legislation forward, we filed House Floor Amendment 3. House Floor Amendment 3 reduce the daily penalty for individuals looking to circumvent the law from 10 thousand to 1 thousand. It also removed the City of Chicago exemption as many of the opponents mentioned the City of Chicago will just work around the unnecessary duplicative 10000057.docx 11  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 services. So, the City of Chicago is back in and the penalty is reduced. I ask for the adoption."

"Gentleman moves for the adoption of Floor Amendment #3 to Senate Bill 675. 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."

"Third Reading. Mr. Clerk, please read Senate Bill 675."

"Representative Evans."

"Again, as was mentioned yesterday, 675, including the City of Chicago and reducing the daily penalty for those looking to circumvent the law from 10 thousand back to a thousand. It modifies the definition of essential parts, prohibits and providing the penalties for Illinois residents who seek to fraudulently get licenses. It provides penalties for individuals and companies who authorize… who operate unauthorized driving vehicles. It clarifies recycled parts, scrap processes, repairs, and again, it further has the requirements that the Secretary of State can charge a municipality after an individual entities license is revoked. There are other various issues that were worked out which I detailed yesterday. I request your support for this legislation."

"Chair recognizes Representative Andersson."

"Sponsor indicates that he will yield." 10000057.docx 12  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Yes, Sir. The Secretary of State's initiative."

"Yeah. There's various parts they typically come with these Bills. My understanding from the Secretary of State, they want to clarify essential parts when clarifying the use of parts to construct vehicles because there's a potential for fraud."

"Well they wanted to be sure that parts that are used will be considered essential. If you look further, an essential part of a vehicle, my understanding, would be the bumpers, kind of the key parts of the vehicles. Anecdotally, like a sun roof or certain parts that could be optional, wouldn't be clarified as essential parts."

"Yeah, without question. And that they weren't stolen for sure."

"Yeah. And that they were not stolen."

"Yeah, to be sure that the parts are not stolen."

"Yeah, again, the $10 thousand fee was a little high, so it's reduced to a thousand dollars a day for individuals that's in violation, particularly businesses. And of course, the City of Chicago's included, so this is… this is a Bill for the entire State of Illinois."

"The fine now… we're creating a fine."

"So, for folks that's in violation. It's 500 now, so it would be a… sorry, it's 500 for the record."

"It's 500 now; it'll be a thousand per day."

"Yep."

"Yes. It's my understanding, yes."

"My understanding that it will be revoked. The exact process for this throughout the state, I'm not sure. I'm sure the Secretary of State will send an enforcement. I know within 10000057.docx 14  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 the City of Chicago you have various departments who will address it, but I'm not…"

"But the Secretary of State will handle enforcement."

"Well, in law, we've already set the violation. It's a thousand dollars per day for folks who violate, but the exact enforcement I'm sure will be done through the Secretary of State or the local municipality."

"Yes."

"Without question."

"Without question. And that's a normal process for any violation of businesses."

"Not affecting the normal process at all."

"No, thank you." 10000057.docx 15  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Representative Flowers is recognized."

"Will the Gentleman yield?"

"He indicates that he will."

"Representative, is the language still in your Bill that would prohibit a resident from the… of the City of Chicago from helping someone else get an ID or driver's license?"

"It's still in the legislation, Representative."

"Pardon me?"

"It's still here. It's still in the legislation. It would…"

"So, what is… what is the fine for a person to help another person to get a ID… a city ID and a state driver's license?"

"Again, I don't… a city ID? I want to be clear. I don't know what you mean by city ID. Nothing to do with a city ID, I know where there's a discussion to discuss city…"

"Is it a state ID?"

"Yes. Only thing we're talking about is through Secretary of State issues are state… the state ID."

"I'm… is it a state ID and a state driver's license?"

"Yeah. For an individual looking to… I can follow up with you. I don't know the exact penalty for an individual looking to commit that particular fraud. I'm not sure."

"I'm sorry. How long do you have to be in the state to be a resident?"

"There's not a particular amount of time. I'm sure if you move tomorrow, you can… an individual can become a resident…"

"I guess what I'm trying to figure out…"

"…could be a set… established…" 10000057.docx 16  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Representative, what I'm trying to figure out, if someone come in from another state and they want a state ID or get a state driver's license, and if I were to help them, I will be in violation of this law."

"Yeah, if you have come fraudulently obtained the driver's license, Representative."

"Well…"

"Not if you help them."

"Well, what is… what… explain what are you talking about fraudulently?"

"If you… if you fraudulently help an individual obtain a driver's license. Representative, if… it's hard for… If you fraudulently assist an individual, you'd be in violation of the law. And I don't think that's a new thing, Representative. So, if you have any other questions or…"

"So, basically, Representative, what you're doing is clarifying existing law?"

"Without question, Representative."

"Thank you very much. I appreciate that."

"Representative Harris is recognized." Harris, D.: "Thank you, Mr. Speaker. A question of the Sponsor."

"The Sponsor will yield." Harris, D.: "Representative, you answered one of the previous questions about the essential parts to ensure that… that the parts are not… that they are valid and they are the right parts to go… you… you answered one of the previous questions…"

"Yes." 10000057.docx 17  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 Harris, D.: "…about essential parts and why that's there so we can ensure that we don't use stolen parts or anything like that in a… in a vehicle, correct?"

"Yes. Yes, Sir." Harris, D.: "And regarding the previous speaker's question about a driver's license, the Secretary of State, if I'm not mistaken, it has been known that there might be two women, as an example, or two men, go to a driver's license facility and go through the process and then when the time come… and use the… the address and when the time comes to take the photo, the individual who really doesn't live at that address takes the photo. Has that been known to happen?"

"Oh, without question. I think… and the Secretary of State could detail many of these situations. You always want to try to stay on top of fraudulent individuals. So, this legislation is a move in that direction." Harris, D.: "And… and as an example, if one were to apply for a… a FOID card and the ID that was used was… was a driver's license and that person didn't live in Illinois, conceivably that person could get a FOID card from the State of Illinois even though they didn't live in Illinois because they have a fraudulent driver's license, correct?"

"Without question. Yes, Sir." Harris, D.: "So, it seems to me that if somebody helps someone commit fraud by getting a driver's license they are not entitled to that they ought to lose their own driver's license. So, in that respect, I think this is very positive and it's an initiative which is… which is a good one. And lastly, I'll simply say… to the Bill. I'll simply say that 10000057.docx 18  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 you addressed the concerns that we brought up on the House Floor the other day by way of the inclusion of the City of Chicago as well as the… the severity of the fine… lowering the severity of the fine from $10 thousand to $1 thousand. So, my… my compliments on that action. And I think the Bill's a positive one and hope it receives a Majority vote 'yes'."

"Representative Evans to close."

"I request your support. And thank you for the input of my colleagues. I always try to be open. This is a good piece of legislation to keep our Secretary of State moving forward. I request your support."

"The question is shall, 'Senate Bill 675 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', 2 voting 'no', 0 voting 'present', Senate Bill 675, having received the Constitutional Majority, is hereby declared passed. Representative Scherer, for what reason do you seek recognition?"

"Thank you, Mr. Speaker. Point of personal privilege."

"Please proceed."

"Welcome to the Capitol today for my daughter, Beth, and her husband, my son-in-law, Maurice Payne, and their two children, Logan and Leah. And if everybody would say, happy Memorial Day and welcome to the Capitol."

"Happy Memorial Day and welcome to your Capitol. Representative Burke, for what reason do you seek recognition?" 10000057.docx 19  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 Burke, K.: "Mr. Speaker, I'd like the record to reflect that I intended to vote 'yes' on Senate Bill 8."

Speaker Turner: "The record will reflect your request. Representative Long, for what reason do you seek recognition?"

"Please proceed, Sir."

"Thank you. And welcome to your Capitol. On page 15 on the Calendar, we have Senate Bill 1933, Representative Gabel. Mr. Clerk, please read the Bill."

"Representative Fortner on Floor Amendment #2."

"Representative Ives, do you have a… Would you like to speak to the Amendment?"

"Gentleman moves for the adoption of Floor Amendment #2 to Senate Bill 1933. 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."

"Third Reading. Mr. Clerk, Senate Bill 1933, Representative Gabel."

"Representative Gabel."

"Thank you, Mr. Speaker. I am pleased to present the automatic voter registration legislation that is with the 10000057.docx 21  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 final Amendment from Representative Fortner, finally an agreed upon Bill. We have worked very hard on this Bill since last year and through these Amendments, all the stakeholders are supportive or neutral. The automatic voter registration will modernize our voter registration in Illinois to make the process more efficient, more accurate, and more secure. Getting more eligible vote… Illinois voters on the rolls will strengthen our democracy. Illinois… this legislation does two things. First, it builds upon an existing program to ensure state agencies electronically transmit voter registration applications to the State Board of Elections rather than on paper. And secondly, where state agencies collect all the documentation needed to confirm eligibility it changes voter registration from an opt-in to an op-out. Appropriate procedures have been put in place to ensure that only eligible voters are registered. I want to thank Representative Fortner for his collaboration on this final Amendment. And I ask for an 'aye' vote."

"Representative Skillicorn is recognized."

"Representative Gabel to close." 10000057.docx 22  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Again, I just want to thank everyone for their corporation. And I am just so pleased at this… at… with this Bill. And I urge an 'aye' vote. Thank you."

"The question is, 'Shall Senate Bill 1933 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', 0 voting 'present', Senate Bill 1933, having received the Constitutional Majority, is hereby declared passed. On the… on page 10 of the Calendar, we have Senate Bill 31. Representative Welch. Mr. Clerk, please read the Bill."

"Representative Welch."

"Thank you, Mr. Speaker. We have House Floor Amendment #3 that I'd like to adopt and debate the Bill on Third Reading."

"This is Floor Amendment #2, Representative. Would you like to adopt Floor Amendment #2?"

"Pull… pull House Floor Amendment #2."

"Mr. Clerk, please withdraw Floor Amendment #2."

"Representative Welch."

"I'd like to adopt House Floor Amendment #3 and move it to Third Reading and argue the Bill on Third Reading." 10000057.docx 23  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Gentleman moves for the adoption of Floor Amendment #3 to Senate Bill 31. 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."

"Third Reading. Clerk, please… Third Reading. Mr. Clerk, please read Senate Bill 31."

"Representative Welch."

"Thank you, Mr. Speaker. Senate Bill 31 creates the Illinois TRUST Act. It prohibits law enforcement agencies and officials from enforcing federal civil immigration laws. With House Amendment #3, that was just adopted, all opposition to this Bill has been removed. And I have been told that if this Bill were to hit Governor Rauner's desk, he would sign it. He would sign it, because we have worked hard to pass a Bill that would make Illinois a leader on this issue. We worked with law enforcement and we came to agreement that protects immigrant families from unlawful detention while recognizing the important work that law enforcement does to keep our communities safe. This Bill does two very important things. Number one, a law enforcement agency and official cannot detain a person solely because of an immigration detainer or non-judicial immigration warrant unless the law enforcement agency or officer is presented with a valid enforceable warrant. And second, a law enforcement agency or officer cannot stop, arrest, or search a person solely on the basis of citizenship or immigration status unlaw… unless the law 10000057.docx 24  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 enforcement agency or officer is presented with a valid enforceable warrant. I want to underscore something here. The Bill does not prohibit law enforcement from communicating with federal agencies. This Bill explicitly permits such communications. We strongly encourage law enforcement, if necessary, to protect our state and our country. This is the Illinois TRUST Act which sends a signal to the 2 million immigrants who are in our state today and those who want to come tomorrow that we are a welcoming state. This Bill codifies Illinois State Police policy. And the Governor's Office has indicated he would sign this great piece of policy. I would ask for your support on Senate Bill 31. And let's be the leader in the nation on this important policy."

"Chair recognizes Representative Andersson."

"Sponsor will yield for questions."

"Well, that is a… that's what happens when you work together and negotiate and you know."

"Yes, Sir."

"So, I actually think that's a great question, great example."

"So, if… if a person is stopped for a speeding ticket by an officer and they don't have probable cause or judicial warrant, they cannot for the sole reason that there's a non- judicial warrant out there or the… what do they call it… the immigration detainer, they can't use that as the sole basis for continuing to hold that person."

"A non-judicial warrant is an arrest warrant that is issued by an administrative official in ICE. It's not issued by…"

"It… it's an ICE warrant without probable cause. It wasn't issued by a judge."

"Which could lead to an ICE hold."

"Correct."

"Correct."

"In that example, Representative, they would…"

"Shhh."

"Members, thank you. We have a very important debate going on. Can we please take the conversations to the rear of the chamber? Representative Andersson."

"So using your example, the only way they can continue to hold that person lawfully would be if there is a valid court- issued warrant."

"That's correct. That's why I'm empha…"

"That's why I'm emphasizing the word 'solely' on the basis of."

"I… I understand your question."

"It's my understanding from Illinois State Police that this is already their policy in practice and that it's working. And so, all we're doing is codifying that policy into law and law enforcement's okay with it. So, I believe, you know, we have to trust their judgement and believe that this is going to work the way it's intended."

"That's correct."

"This is about making State Law clear on the issue. That's it."

"That's correct. That was…"

"It's just standard language, Representative."

"You… you can… you can borrow it anytime."

"Representative Skillicorn is recognized."

"Gentleman will yield for questioning."

"Yes."

"What this Bill specifically does is it prohibits local law enforcement from enforcing federal civil immigration laws, Representative. It does not prohibit local law enforcement from communicating with federal officials."

"Let me say this in response to that, Representative. You know, the USA Today had an article a couple of weeks ago that indicated that under President Trump arrests of immigrants are up 38 percent. The biggest jump was of undocumented immigrants without a criminal arrest record of any kind. I don't know your position on that, but I think that is wrong. 10000057.docx 30  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 This is a country that was built on immigrants and arresting people for no… deporting people for no reason who have no criminal records is wrong. President Trump campaigned on getting rid of people who are doing criminal activity, doing bad things here in this country, but what they're actually doing are deporting people without any criminal arrests whatsoever. And so, my opinion is that that's what Illinois should take the lead on and in the State Legislature we cannot do… we can address and that's what I'm attempting to address. And I would hope you would join me in supporting making Illinois a welcoming state."

"Chair recognizes Representative Willis."

"Thank you, Mr. Speaker. I'll just talk to the Bill. I'd like to float a sense of scope on this problem that we're addressing today with this Bill. And I'm going to share a few key facts. There are estimated a half a million undocumented immigrants in Illinois, 87 percent are living in what we call a mixed-status household. That means that there is at least one family member that is either a U.S. citizen or has some kind of legal immigration status. This is something that is truly affecting my district and that is why I'm speaking on this. There is a study that was done in 2012 by the University of Illinois at Chicago that found that 70 percent of undocumented Latino immigrants said that they were less likely to contact the local police if they were victims of a crime and 44 percent of all Latinos were less likely to contact any type of law enforcement. This study was done before our current federal administration, before we had this crazy crackdown with ICE trying to deport non… undocumented immigrants. What this means, it means that there are hundreds of thousands of families in our state that are… and not just 10000057.docx 32  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 the individuals, these are families that I'm talking about, they are afraid to call the police or even interact with the police when they're a victim or a witness to a crime because they are worried for themselves. They're worried about their loved ones. They are worried that they are going to be deported. We have to stop this insanity. This is a huge public safety problem for our state. Passing this Bill is the right thing to do. It'll help make our communities safer. It'll help make our families safer. And it'll help keep our families together. I urge you to vote 'aye' on Senate Bill 31. Thank you."

"Chair recognizes Representative Wallace."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor indicates that he will yield."

"I'd like to start with one point that I think needs to be clarified for this Body, for anyone listening, and especially for those who are participating in the national debate and rhetoric around this particular issue. Is an immigration 'offense' a criminal offense or a civil violation?"

"Is that a question to me?"

"Yes."

"Well, it's a civil offense. And what this Bill would mandate per Illinois Law is that we do not enforce Federal Civil Immigration Laws."

"Thank you for that particular clarification, especially, in light of some of the discussion that we're hearing here on the floor and what I've been hearing back at home in my own district as for one moment we were debating 10000057.docx 33  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 whether or not to have an ICE detention center in our Winnebago County jail. This is not a criminal offense. So, I'm going to go to the Bill. There's this notion at the national level about law and order. And yes, we should have law and order and we should have law and accountability. However, that typically refers to criminal offenses. Simply existing without a piece of paper is not a crime. And it is, unfortunately, very reminiscent of some of the things that we heard during the 17th, 18th, and 19th centuries in which we wanted individuals of African descent to make sure that they showed their papers when they went too far away from the plantation. So, as we talk about this particular debate and the fact that so many families are, as Representative Willis just stated, are from mixed part… households on immigration. We have to remember that there are children who are involved in this as well. And those children, many of whom had no decision-making ability as to when they would be here in America and how they would function in this society. I think it's also important to note that we have painted this particular discussion around a particular imagery. An imagery that is of brown people and not an imagery of the fact that we have quite a bit of… well, we have a very large Eastern European undocumented population in the State of Illinois mostly within certain areas of the City of Chicago, but we've allowed this discussion to scapegoat a particular racial and ethnic group which is absolutely unacceptable. In my district we have a school that is for English language learners and the majority of that student population is Latino and those children are afraid. There was a visit from our very own 10000057.docx 34  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 Governor to that school a couple of months ago just after the inauguration of our President and a first grader anxiously asked the question, is Trump going to build a wall? Unfortunately, no adult in the room or the person who he posed the question to did not respond to that young child. The principal ushered the Governor away and I stated as they ushered me away, this is a question that was extremely important to that child. It's important because this type of narrative that we're experiencing throughout the national debate creates anxiety within children. It also creates a feeling within young adults who used to admire police and law enforcement. They're afraid of police and law enforcement. They're afraid that their parents are going to be taken away from them. They're afraid to report the crimes that they may see. This does help a public safety issue. It also doesn't help us economically. So, as we continue this debate, I think the point that Representative Welch and I made at the beginning of my questioning has to be remembered that this is a civil violation and it's not a criminal violation. There is nothing illegal or in… or criminal about simply existing. So, I'm going to encourage every single person in the chamber to consider what type of message we want to send to such a large group of our citizenry. Whether they are Eastern European, whether they are from Latin America, whether they are from the continent of Asia or the continent of Africa, we should not be inducing such fear in those who have come to live in our state and are trying to participate within our economy and participate within the well-being of our state. Again, it is not a criminal offense and if you can let that resonate, 10000057.docx 35  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 I think the answer to when… when this goes to vote, I think the answer will be easy for you to push the green button and press 'yes' because it is a civil offense. Thank you, Representative Welch, for bringing this Bill. I encourage an overwhelming 'aye' vote."

"Chair recognizes Representative Hernandez."

"Thank you, Speaker. I believe in an inclusive and forward thinking Illinois and the anti-immigrant… immigrant agenda of President Trump requires our immediate attention. This legislation will not only protect immigrant families, but it will cultivate trust between the community and local police. We must work together and fight against those who seek to divide us which is why I am proud to have teamed up with Representative Welch to reassure immigrant communities that Illinois does not tolerate hate. I want to share with you why this issue becomes so important to me. I hear often of how families are being, in one way or another, impacted but what… by our current climate. I want to tell you about Mrs. Geneva Ramirez Laguna is a 67-year-old grandmother from my district. She is a constituent of mine. Ms. Laguna was placed in deportation proceedings after a traffic stop for crossing a lane without using her blinker. She had an old deportation order from when she was apprehended crossing the border more than 10 years ago. She was turned over to immigration authorities by local police and detained for over a week. Thanks to community support, she was released. Since then, she has received numerous grants of defer action in the past. Ms. Laguna has not been required to check in with ICE since 2015; however, she has now been scheduled for an abrupt 10000057.docx 36  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 appointment with the Chicago field office tomorrow, Tuesday, May 30. If the TRUST Act had been in place, Ms. Geneva would be safely living with her children and grandchildren, but now, she is facing deportation without an opportunity for fair hearing. In difficult times we cannot stay silent, we must speak up and take action. And it is my sincere hope that you will support this monumental legislation. Thank you, Representative Welch, for your work."

"Chair recognizes Representative Mah."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor will yield."

"Thank you. I'd like to thank Representative Welch for supporting this… for bringing forth this Bill and I'm proud to be one of the chief cosponsors. This is an important piece of legislation that will make a big impact for the people in my district. I believe that today, on Memorial Day, we are remembering people who have fought and died for our freedoms and our rights. And the Fourth Amendment is an important one of those rights that we all have, protections against unreasonable searches and seizures. I believe that the TRUST Act, as put forth by Representative Welch, is consistent with the Fourth Amendment. And the last time I checked, the application of our civil liberties was not dependent on one's immigration status or citizenship. There are too many stories from constituents in my district about families that live in fear of being torn apart. And in fact, there have been families that have been torn apart because of the immigration policies that are en… enforced now. I think that with the passage of the TRUST Act some of those fears will be allayed 10000057.docx 37  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 and it will make a huge difference for the immigrant families that are my friends and neighbors. I urge all of you to support the TRUST Act. I urge an 'aye' vote. Thank you."

"Leader Lang is recognized."

"Thank you, Mr. Speaker, Ladies and Gentlemen. As I read this Bill, it's simply allowing law enforcement to provide its own discretion as to what to do without being hindered by federal interference that doesn't involve a court order. So, under this Bill if they have a court order or they have a warrant, law enforcement in Illinois is required to do what it's supposed to do, but without an order, without a warrant, then law enforcement has discretion to do what it feels it needs to do. And this does not violate Federal Law. This is why the Attorney General and the State's Attorneys support the Bill. An ICE detainer request is simply a request, not an order, not a warrant, submitted to state or local enforcement authorities asking them to hold an individual. But it's asking them to hold an individual beyond the time that that individual would otherwise be eligible for release under our laws in the State of Illinois. And so, law enforcement doesn't violate any law, Federal or State, when they decline to fulfill an ICE request. They are simply following State Law, following their own rules and regulations. Federal Government has repeatedly acknowledged that detainer requests are, in fact, just requests and compliance is voluntary. This means that when our state law enforcement uses its own discretion, whether to participate in immigration enforcement, it does not violate Federal Law. In fact, the federal courts have consistently ruled that local jails can be sued under the 10000057.docx 38  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 Fourth Amendment if they hold immigrants on detainers after those immigrants could otherwise be released if there is no probable cause to hold them. So, it would actually be a violation of the law under those federal court orders to detain anyone beyond their normal time in jail that they would otherwise be released without probable cause. Ladies and Gentlemen, I believe that some of the things we're hearing on the floor really have nothing to do with the Bill. I believe that some of you are somehow freaked by the word 'immigration' up on the board. I believe some of you are simply afraid to do the right thing for individuals that are in our state and some of you who are speaking against the Bill are actually people who spend a lot of time on this floor talking about the importance of our law enforcement in the State of Illinois and they should have discretion to do what they need to do to protect the citizenry. You're always talking about how law enforcement should have the ability to do what law enforcement does best except when the word 'immigration' is up on the board. And when the word 'immigration' is up on the board, your hair lights on fire. And when the word 'immigration' is up on the board, you've got lots of reasons to take away discretion from our local law enforcement. Well, Ladies and Gentlemen, you can do that if you wish, but it seems to violate federal court decisions. It seems to violate a sense of decency. And it seems to violate our oath under our jobs under the Constitution to allow our law enforcement to do what it does best. So, a good recommendation would be for some of you to stop reading the board and read the Bill and read the federal court rules and read the federal court 10000057.docx 39  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 decisions and then you'll know the right thing to do. I applaud Mr. Welch for his hard work along with the other Sponsors. This was a hard Bill to get concluded, to get law enforcement and the State's Attorneys and the Attorney General all in one place on this Bill. The last Amendment that was added did exactly that. And the Gentleman is to be applauded for doing that and to bring some heart and soul to the immigration process right here in the State of Illinois. This Bill needs an 'aye' vote. Thank you, Mr. Speaker."

"Chair recognizes Representative Breen."

"Chair recognizes Representative Andersson."

"Representative Welch to close."

"Thank you, Mr. Speaker. I want to thank my colleagues on both sides of the aisle today. I want to thank all of those who helped us get here today, a lot of hard work, a lot of meetings. We had to address law enforcement's concerns and we got it done. And because we got it done, we have a chance to make history here today. Senate Bill 31 creates the Illinois TRUST Act. It sends a message to the 2 million immigrants who are already here today and those that want to come tomorrow from anywhere across this country that they are welcome in the great State of Illinois. Come to Illinois. You are welcome to live here, pay taxes here, help us lift up the Illinois economy. And when I was thinking about my comments here today, I wanted to have something that would reach out to both sides of the aisle. And I want to go to Presidents from both political parties. Presidents have addressed this issue for so long. President John F. Kennedy, who would have celebrated his 100th birthday today, a veteran of World War II and a man who gave his life in service to this country said this about immigrants. He said, 'Immigrants everywhere have enriched and strengthened the fabric of American life.' President Ronald Reagan received a letter from an immigrant just before he left office that he made public. And in that letter an immigrant wrote, you can go live in France, but you cannot become a Frenchman. You can go to live in Germany, but you 10000057.docx 41  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 cannot become a German. You can go live in Italy, but you cannot become an Italian. But the writer of this note said that you can be anyone from any corner of the world and you can come live in the United States and become an American. Let's pass the Illinois TRUST Act today. Let's welcome immigrants to Illinois. And let's welcome them to the great country we call America. Let's pass Senate Bill 31 today. Thank you."

"The question is, 'Shall Senate Bill 31 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 62 voting 'yes', 49 voting 'no', 0 voting 'present', Senate Bill 31, having received the Constitutional Majority, is hereby declared passed. On page 13 of the Calendar, we have Senate Bill 1267, Representative Evans. Mr. Clerk, please read the Bill."

"Representative Evans."

"Thank you, Mr. Speaker. Senate Bill 1267, one of the shortest Bills I've ever worked with, I'd like to…. I'm adopting the Amendment. I'm… I will not… I want to table the Amendment. We're going back to the original Bill, sorry."

Speaker Turner: "Mr. Clerk, please… please withdraw Floor Amendment #1 to Senate Bill 1267."

"Third Reading. Senate Bill 1267, Representative Evans. Mr. Clerk, please read the Bill."

"Representative Evans."

"Thank you. 1267 is one of the shortest Bills that I've ever worked with. It does one simple thing. It creates the Railroad Supply Diversity Act for our largest railroads, our Class 1 railroads. What the Act does is it requires the railroads to produce a report. They already do a larger federal report, but we're looking to do something tailored to Illinois. They're willing to do that. And the report will be submitted to the… the Illinois Commerce Commission. Also, we worked it out with the railroads. They were… initially had some concerns, but they're going to host a workshop because the railroads are already pushing for minority contracts, minority inclusion. They're going to take it a step further. They removed the opposition and said they're going to do the workshop, so we can push for more diversity within contracting. I request your support, go over any questions."

"Chair recognizes Representative McDermed."

"The Sponsor will yield."

"Yes. A lot of painstaking hours that we spent on this piece of legislation, yes." 10000057.docx 43  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Yes. I think… I think that should be the best way. I've… I've shown that through the earlier legislation. Conversation on both sides is necessary to move these things forward particularly within this House."

"Without question. What it comes down to and on both sides of the aisle people need to be aware the railroad's already doing great things with regard to minority contractors. I think this is an opportunity to focus on Illinois, and hopefully, they can do more. And I think their issue was we want to do more. We can pass this Bill. We can do a workshop. We can create an atmosphere where a leader and potentially minority contractors will engage on the business level within the railroads. And again, that's why they removed opposition and removed… hopefully, move them forward with this legislation."

"Without question. And they've done it and again, I'd like to pat the representatives of the railroads are classed on railroads. They want to do the right thing. Their support of 10000057.docx 44  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 this legislation… the non-opposition of this legislation is just an example of that."

"The Chair recognizes Representative Ives."

"The Sponsor indicates that he will yield."

"Yes."

"Yeah. My understanding is that they are in support of or no position. I think the issue was the protracted conversation became exhausting to the railroad because they're… they have a genuine need and a genuine want to support minority diversity 'cause they're already doing it. They removed the opposition and are looking to work to move forward on the workshop 'cause that was… the vein of the contention was the workshop, but they're willing to work with the workshop and just kind of move things forward and not be obstructionists." 10000057.docx 45  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"For sure."

"Yes. Floor Amendment 1 removed the workshop and removed the structure in which the report had to be presented to the ICC. But from working with the railroad, they said, look, we're just going to do the report in which the way the legislation is… is mentioned. And we're going to do the workshop because we do many of these workshops already. So, again, they do a great job, but they want to do even better job and I applaud them."

"Representative Evans to close."

"Thank you. Again, I request your support."

"The question is, 'Shall Senate Bill 1267 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 107 voting 'yes', 5 voting 'no', 0 voting 'present', Senate Bill 1267, having received the Constitutional Majority, is hereby declared passed. Representative Bennett, for what reason do you seek recognition?"

"Please proceed, Representative." 10000057.docx 46  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Thank you and welcome to your Capitol. Mr. Clerk, Rules Report."

"On page 7 of the Calendar, we have Senate Bill 1567, Representative Davis. Mr. Clerk, please read the Bill."

"Representative Davis."

"Thank you very much, Mr. Speaker. Senate Bill 1567 amends the Economic Development for a Growing Economy or EDGE Tax Credit Act. It provides that each EDGE credit recipient must submit to the Department of Commerce and Economic Opportunity or DCEO an annual report containing certain information containing to procurement goals and spending for female- 10000057.docx 47  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 owned, minority-owned, veteran-owned, and small business enterprises. Be more than happy to answer any questions."

"Representative Andersson is recognized."

"Or data, yes."

"All right. I have not heard from DCEO. Nobody reached out to me from DCEO. The Bill passed out of the Senate, I believe unanimously 56 'yes', no one opposed. So, if they are now showing up as opposed, I have absolutely no idea or reason why."

"Representative Davis to close."

"Thank you very much, Mr. Speaker. I ask for a 'yes' vote."

"The question is, 'Shall Senate Bill 1567 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. 10000057.docx 48  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 On a count of 99 voting 'yes', 12 voting 'no', 0 voting 'present', Senate Bill 1567, having received the Constitutional Majority, is hereby declared passed. Representative Long, for what reason do you seek recognition?"

"The Journal will reflect your request. On page 12 of the Calendar, we have Senate Bill 910, Representative Willis. Mr. Clerk, please read the Bill."

"Third Reading. Mr. Clerk, please read Senate Bill 910."

"Representative Willis."

"Thank you very much, Mr. Speaker. Bear with me for a second to get that up on my screen. This will go… this is a Bill to take into effect when redistricting comes in for the county. And we want to make sure that we take into play making sure that we protect our minorities in the area that we make sure that we are sensitive to that when the new boundary lines are drawn. I urge an 'aye' vote."

"The Chair recognizes Representative Andersson."

"Sponsor indicates that she will yield." 10000057.docx 49  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"It is for everything except for counties, Sir. And that's what we're doing. We're just taking into account the county border lines that come through."

"No."

"Currently, the Act that does this applies only to the boundaries put forth by the General Assembly. And we're actually just expanding that to include counties when they are looking at their new boundary lines also."

"Correct."

"And so that what we're doing is expanding those guidelines that we use for when we draw the new boundaries every 10 years because of the…"

"…census. For the General Assembly, we also take into the same effect when we look at the county precinct lines and such like that."

"Yes. Just like they are now. It would just tell them that they need take into account the minority members of their districts."

"I don't think we are. I think the county already does this. We're just asking them to be sensitive to minorities in their district so that hopefully we can have more minority participation in local government."

"None that I'm aware of."

"There's no…"

"…there's absolutely no further fiscal impact than there is right now when the boundary lines are redrawn. So, there'd be no additional fiscal impact."

"Chair recognizes Representative Fortner."

"Representative Breen is recognized."

"The Sponsor will yield."

"It'll be following the same guidelines that we use when we draw our legislative districts using the information they have from the census."

"It…"

"It'll be done the same way our legislative districts are done by the people that are in power of the map making."

"Well, it's up to the power of the map maker for those crossover districts, coalition districts, and influence districts. It is that…"

"And it is based upon the census to make it happen that way."

"Well, that follows the same way we do under the current Federal Law that puts in that since censuses are done every 10 years, it takes into effect those that are coming forward that will be voting within that 10 years. That's Federal Law. That's not recreating the wheel or anything new. We're just mirroring Federal Law on there."

"That's not what this Bill's doing. This Bill is following and extending Federal Law and the already existing Illinois Voting Rights Act of 2011 to the other districts that got left out of that. So, it's extending the same law that we already have to be used for the crossover districts, the coalition districts, and the influence district."

"Representative Sauer is recognized."

"The Sponsor indicates that she will yield."

"This is to clarify that and to codify it. We want to make sure that they do, so we're putting it in Illinois State Statute…"

"…that they need to."

"Well, basically they should, but we know obviously since you have a county that had a challenge, it's not happening."

"So, we want to codify this to make sure that all counties are doing it so that we're not popping back and forth to Federal Courts on it." 10000057.docx 56  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Well, and… and I…"

"Well, and I would go back to you with all due respect. Obviously, your county is doing exactly what we want all counties to do and that is why we're doing this to codify what we know is in statute… in Federal Law, to make sure it's clarified for all counties in state statute."

"Again, Sir, I think you're lucky that you have a county that works really well."

"That's good. Thank you, Sir."

"Representative Wallace is recognized."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor indicates that…"

"A couple…"

"…she will yield."

"…a couple of times today we've heard the Voting Rights Act… the Federal Voting Rights Act mentioned as if some very devastating things didn't occur in 2013, basically gutting the protection within the Voting Rights Act for racial minority groups. So, would your Bill then be helping Illinois to protect those groups in a way that the 2013 Supreme Court ruling no longer does?"

"Yes. That's exactly what it will do. It will protect our minorities."

"So, to the Bill. This Bill is one in which we desperately need in the State of Illinois. Racial minorities no longer have the protections that they had following the 1965 Voting Rights Act being passed. Yes, there was a recent Supreme Court ruling related to North Carolina and if that ruling is applied in the manner that I hope, there were a few jewels buried into that particular ruling that will, again, allow minority populations to have the types of protections that they deserve as citizens of this country. If you will… if you do understand the history of the Voting Rights Act and the history of the Thirteenth, Fourteenth, and Fifteenth Amendments, we still do not have constitutionally… a constitutionally protected right to vote as minorities. It has taken several Acts, several Amendments, several case law rulings for that to be the case. And so, in the State of Illinois, which is as diverse as 10000057.docx 58  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 President Obama stood in this chamber and stated, as diverse as the rest of our country. It is more reflective of the makeup of the United States than any other state. And with that being the case, Illinois should be leading the way to make sure that, I believe, the mistake that was made in 2013 by the Supreme Court to gut the protections of the Voting Rights Act. I think that Illinois should lead the way in making sure that we protect the citizens here in that regard. And I commend the Sponsor of this Bill for bringing it forward and I encourage an 'aye' vote."

"Representative Reick is recognized."

"The Sponsor indicates that she will yield."

"With all due respect, I don't think the State of Illinois should use the State of Wisconsin as our guideline on how we do our things here."

"I still feel that this is the time for us to move this forward." 10000057.docx 59  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"That… I don't think that would be effecting our State Law, what comes through our that. It's state's rights. We have the Illinois Voting Rights Act and this is what this… the Bill is doing. It is codifying that bringing it from not only the state level down to the county board level."

"This…"

"…this is not a Bill on gerrymandering. It is on expanding where we have the Illinois Voting Rights Act to the legislative districts going to the county level.'

"Representative Demmer is recognized."

"The Sponsor indicates that she will yield."

"No, that is not my intent. My intent is, as those boundaries are drawn into effect that they take into consideration their minority makeup when they do it. It does not mean that we make a district or a section that is all strictly one minority. It just simply says we take into account the members of the district."

"Representative Willis to close."

"Well, after this very robust debate, I think that all I'm trying to do is make sure that we take laws that we already have in… in effect. The Illinois Voting Rights Act that came into effect in 2011 makes this what we do for our legislative districts. And all I'm simply saying is we need 10000057.docx 61  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 to take into account the minority and our racial makeup of our members of our county districts when those maps are redrawn. I urge an 'aye' vote."

"The question is, 'Shall Senate Bill 910 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 66 voting 'yes', 47 voting 'no', 0 voting 'present', Senate Bill 910, having received the Constitutional Majority, is hereby declared passed. House Bill 1316, Leader Lang. Mr. Clerk, please read the Bill."

"Leader Lang."

"Thank you, Mr. Speaker. The Amendment becomes the Bill. And I would ask that we just move it on to Third Reading for debate."

"Leader moves that we adopt Floor Amendment #1 to House Bill 1316. 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."

"Third Reading. Mr. Clerk, please read House Bill 1316."

"Leader Lang." 10000057.docx 62  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Thank you, Mr. Speaker, Ladies and Gentlemen. We have talked many times on this House Floor and in committee and in our campaigns regarding our state universities and what's been happening to them and particularly about the brain drain. And when we refer to the brain drain, we're talking about our best and brightest students leaving Illinois to go to other states. When they do that, they often don't return. They create jobs in other states. They improve the economic development of other states. And it hurts our economy into the future. We've also seen that enrollment in our state universities has shrunk as a result of kids leaving our state. The other part of this brain drain deals with our best and brightest professors who we're losing at a record clip here from our state universities and our inability to get great professors and researchers from other states to join us here in the State of Illinois. House Bill 1316 deals with these issues and others. It creates a college affordability plan that I call 'B or better'. And I worked on this very closely with Representative Christian Mitchell, Representative Guzzardi. And what this Bill says that the outside, the first part of this Bill, says that if you can keep a 'B' average coming out of coll… high school and keep it throughout college and put some skin in the game and make an effort and get good grades and your family income is under $125 thousand a year, we will help you go to college. This provides for grants of up to $4 thousand per year which are last dollar grants, after you've gotten your Pell grant, after you've gotten your MAP grants, which, yes, aren't fully funded. This Bill is subject to appropriation. And it does not begin 'til the academic 10000057.docx 63  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 year of 2018. So, in other words, not in the current fiscal year in which we are talking in our budget deliberations. So, this would provide financial assistance to needy students, even though some of them at 125 thousand are in the middle class, provide incentives to academic excellence and does… requires them to work at it very hard. The second part of this deals with work study. And so, there are many students at our universities, some who might avail themselves to this program, some who may not, who just need a little more help to go to college. This creates a pot of money subject to appropriation to provide 5 to 15 hours extra of work study for students. Next, it creates a fund of money for universities to draw from to keep professors that are threatening to leave them. In the State of Texas, they have a $40 million fund to keep their best and brightest professors and to attract bright professors from other states here to the State of Illinois, researchers, et cetera, who can improve our universities. And finally, we're all aware of people who have already graduated college, perhaps some of our children, who have a huge debt piled up, college debt, loans that they've had for 5 years, 10 years, 20 years that they can't seem to pay off. This Bill would provide an opportunity, again subject to appropriation, for the state to help these students by buying back some of those loans and having the students pay the state back at zero interest rather than the five to eight percent interest they are paying now on these private loans. Again, all of this is subject to appropriation. None of this kicks in for the fiscal year we've been debating. And I think it's an excellent Bill to help our students to improve 10000057.docx 64  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 our universities. Virtually, every one of the state universities has signed on to this. One more thing: to make sure that students stay in the State of Illinois after graduation, we've required them to stay at least two years in our state and to pay back the money if they leave the State of Illinois during those two years. It's a really good Bill. Your constituents, your kids, the parents of those students in your districts will appreciate the opportunity to have this Bill on the books of the State of Illinois. And I ask your help."

"Representative Andersson is recognized."

"Sponsor will yield."

"This would require all students in the program to be on a course that would enable them to graduate one of our state universities within six years or three years in a community college." 10000057.docx 65  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"That's correct, Sir."

"So, there's two parts to this. First, ISAC will create criteria by rule. Additionally, that rule would include in working with the universities, a trajectory for the student so that we know they're going to be finished with a community college course of study in three years or a public university four-year school within six years."

"So, part of the reason for this Bill, as you know, Representative, is to keep our best and brightest here. If they don't graduate within six years, the program's over for them. So, we want to keep them here. We're not going to… not going to throw them in jail, but by the same token when they do graduate and the vast, vast majority will, then they're going to have to stay in the State of Illinois two years or pay the money back."

"The Bill does not have a consequence, but ISAC is certainly empowered to do that by rule if they choose."

"So, we're trying to provide in this case ISAC maximum latitude. ISAC wasn't too interested in signing on to this Bill, but we… we enticed them into not being opposed to it by providing them flexibility as to how to use these dollars and how to set up the criteria."

"Well, I… I didn't necessarily say they favored the Bill. They just… they just… but they also didn't spend a lot of time arguing the point either. We worked with them. We made many changes that they asked to be made. And yes, they still don't want to do the program."

"That's correct. And let's understand also that there could be a billion dollars or more in this debt. This Bill does not contemplate taking all of that out."

"In essence, it's a pilot program based on the amount that we decide to appropriate."

"That's correct, Sir."

"That's correct."

"Thank you."

"Members, this Bill's on the Order of Short Debate. We'll be moving to a two-minute timer. Representative Pritchard is recognized for two minutes."

"Sponsor indicates that he will yield."

"We estimate that the entire Bill is between 3 and 400 million dollars, if we choose to appropriate that amount."

"Well, Representative, we don't know what our fiscal condition will be a year from now. It's still up to us to prioritize what we pay for and what we don't pay for. And so, that's a debate we will have at an appropriate time when this Bill becomes law."

"Yes."

"Representative Ammons is recognized for two minutes."

"Thank you, Mr. Speaker. Would the Sponsor yield?"

"Sponsor will yield."

"Thank you. Representative, I'm trying to clarify just quickly the true intent. I've got… I think intent has been lost in what has been asked of you at this point and I'm trying to clarify the intent of this legislation. If you can help just clarify the answer."

"The intent of the legislation?"

"What is the intent of your legislation?"

"Thank you for the question. We have this brain drain where we're losing our students. Where we're losing… where parents of Illinois who are considering how to help… advise their children where to go to the university. They've lost confidence in our state university system. Some of it is 10000057.docx 69  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 because we haven't budgeted for it. We've allowed our state universities to go downhill, but in the meantime, what do we do? Do we continue to allow this huge number of high school students to leave the state and never return? It costs us millions of dollars a year to our state economy and it costs our universities millions of dollars a year that we allow these students to flee the state. And of course, many never return. And so, the jobs that they would create and the businesses they open or the entrepreneurship that they do or the scientific discoveries they create are going to be elsewhere, not here in the State of Illinois. The reason most of the state universities have signed to this is because they want to keep those students here. When… when Governor's State and Chicago State have such decreasing enrollments that they hardly had any freshmen this year, you know we have to act to keep students here in the State of Illinois to improve our universities."

"Thank you, Representative. Just one other question. I see you made the Bill subject to appropriations. If appropriations are available, is this a general fund appropriation or is this out of a special fund?"

"Representative, it'd be likely to be GRF. But when we get to this next year when this Bill becomes law and we think about our appropriations, if there are other funds we can be looking at, I'm not against doing that. So, this is an important piece of legislation for the universities, for the faculty, but also the students and families of Illinois. And we have to find the money to do this." 10000057.docx 70  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Thank you. To the Bill. I truly appreciate the work that the Representative's done on this Bill. Something that's really important for us to consider is we have to actually find a way in this country to make higher education accessible to all of our students. This is a small step toward that accessibility issue. I would like to see us go even further to address the tuition increases that have happened over a number of years. We want to address the lack of consistent funding from the state. Since 1972, we have defunded higher ed in a way that should be appalling to everyone in this chamber. And so, on today's step forward, not a complete walk toward equal access to higher ed but a step in that direction. I'd urge an 'aye' vote."

"Representative Hammond is recognized for two minutes."

"I always try to be, Representative."

"This is Short Debate. Your two minutes are up. Would you bring your remarks to a close? Representative Currie in the Chair."

"Your request is noted. Representative Wehrli."

"Sponsor will yield."

"It is subject to appropriation." 10000057.docx 72  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"The last time we had a full budget it was about $1.9 billion."

"No."

"I'm committing today that when this Bill passes we're going to work together through the appropriations process to take care of college students in the State of Illinois. And I find it interesting that someone on the Higher Ed-Approp Committee would be telling me why we shouldn't fund higher education rather than helping us figure out how we can." 10000057.docx 73  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Representative Davidsmeyer."

"Indicates he will."

"Well, Sir, this doesn't involve the coming fiscal year."

"The last time we had a full budget about 50 percent of the students that applied for a MAP Grant received one." 10000057.docx 74  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Not as well as we should."

"Was that a question?"

"This is… this is not a quiz, Sir. So, you go ahead with the question relevant to the Bill."

"Timer's on. And could you bring your remarks to a close."

"Representative Hays."

"Representative Christian Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. I'm… I'm going to go straight to the Bill. What's interesting to me about the debate that we're having right now is normally I would expect this kind of program to generate broad bipartisan support. This is the kind of program that Republicans say that they like. This isn't an entitlement program. This is the opposite. This is saying that if you have a 'B' average or better, we are going to help you afford college. Now, what's interesting is the folks on the other side of the aisle represent many of the college towns that have been most affected by this impasse: Macomb, Charleston, Bloomington, Illinois, Springfield, Urbana-Champaign. And despite that, we can't get folks to stand up for higher education which has taken a 62 and a half percent cut and by the way, that's the same cut that the Governor all of you have implicitly endorsed would have gotten us to anyway 'cause 30 plus 25 plus 15 gets us over 60. So, I would request an 'aye' vote on this program because it just makes sense. As we know, the colleges are the mills in Carbondale, Macomb, Charleston. They are sending kids from Chicago Public Schools to a place like SIU, through in six years. Those kids are coming back to my community as role models, as taxpayers, as citizens who are doing the right thing. Without going to college, I'm not standing here today, and by the way, neither are many of you. This is not a program that's going to bust the budget… it's subject to appropriation… but it is sending a message that we care about our universities that we recognize the $50 billion that they contribute to Illinois's economy every single year and that 10000057.docx 76  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 we want to make sure that college is not just accessible to Governor Rauner's kids, but it's accessible to every child in the State of Illinois especially those who are willing to work hard. This is a program that strongly deserves an 'aye' vote. It should be a bipartisan 'aye' vote. And I would urge that 'aye' vote from every Member of this chamber. Thank you."

"Representative Ives."

"Representative Batinick."

"The Gentleman… I think there's just a few more speakers left, if you would be kind enough to allow. Representative Flowers."

"Excuse me. To the Bill. One of the previous speakers spoke and stated that he was glad that Representative Lang had this free program. The program is not free, Ladies and Gentlemen. It is paid for by the taxpayers of the State of Illinois. But let me tell you another program that's not free that no one ever questions, how will it be paid for? According to the Berrick Institute, we spend $1.2 billion for the Department of Corrections prison budget. And also… the state also spends 566.1 million in prison-related costs outside the department's budget. That's not free, Ladies and Gentlemen, and we're not getting good returns on our dollars. And the 45 thousand inmates that are incarcerated cost each of us $38,268 per inmate. So, when you compare the cost of incarceration versus education, at least with education we do get returns on the dollars. With incarceration, which no one ever think about, talk about how overcrowded it is and how many more prisons we ha… prisoners we have in… in the prisons that's 10000057.docx 78  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 overpopulated. So, once again, prison is a bad investment; education is a good investment. I urge an 'aye' vote."

"Representative Guzzardi."

"Thank you, Madam Chair. To the Bill. Just to… first to address a couple of the comments from the other side. The Representative from Jacksonville mentioned that this would take away from money that we use for MAP or other grant programs. On the contrary, this is intended specifically to supplement those funds. So, the way this Bill works… and I've worked very closely with Representative Lang and Representative Mitchell. The way this Bill works is that, first, students are required to apply for federal grant money and for MAP dollars and for all the other aid that's available to them. And then subsequent to that, if they still have remaining debt… I appreciate the kind hand gestures from the Gentleman, but I hope you might listen to me instead… try this one, try out this one for size… that after they've applied for all the other grants that are available to them, if they have remaining debt, this Bill targets specifically the question of outstanding debt. And we know that college affordability is a huge problem in this state even at our public universities. We talk about funding MAP. I want us to focus on our public universities. The universities are supposed to be accessible to everybody. That's why this Bill is limited to those institutions. And you're going to be hearing from me later this week on a Bill about student debt issues, the Student Loan Bill of Rights. I look forward to discussing it. And in talking to many of my colleagues, what I've heard is, well, the Student Loan Bill of Rights sounds 10000057.docx 79  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 nice, but you're not doing anything to address the real problem which is student debt or why are students borrowing so much. Well, here we go. We've got an opportunity on the board for us to address the so-called real problem of student debt. So, I hope that either Members vote for this Bill to address that problem and then bring up that concern later in the week or simply acknowledge that we're not actually trying to take meaningful steps to help our college students. My goal, Ladies and Gentlemen, the goal of the group of us who have worked on this Bill and I think the goal of this entire caucus should be to make sure that students have the opportunity to attend our public institu…"

"Please bring your remarks to a close."

"Surely. To attend our public institutions of higher learning, to graduate, to succeed in our society without being saddled with enormous student debt as so many of our students are. I hope that you can support this Bill everyone in this chamber to help us accomplish that goal. Thank you."

"Representative Willis."

"Thank you, Madam. Will the Sponsor yield, please?"

"He will."

"Can you tell me how much in higher education has the Governor cut in the last two and a half years?"

"Was the question, how much has he cut?"

"Yeah, as far as the higher…"

"Over 60 percent."

"Over 60 percent. We also have in there how much has the cost of our public universities gone up in the last decade, the average cost?" 10000057.docx 80  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Well, let's just say a lot."

"A lot. I think that it actually says in the analysis it's gone up over… almost $5 thousand in that amount of time."

"Sounds right."

"To the Bill. Recently, one of my daughters decided that she wanted to go back to school. She decided to do that during the time… during the eight months when we were not getting our paychecks, so it was all going to be on her dime. She was able to afford one semester, but she could not afford more than that. I would have loved to been able to help her out, but I couldn't because I wasn't getting paid during that time. She already had a student debt loan from previous years of school and she was at the point in her life where she did not want to add on to that. Unfortunately, she chose… or actually was not even… it wasn't a choice. She had no choice but to drop out of school after the end of that semester. So, contrary to what one of my colleagues on the other end of the line states about accountability, I think this Bill takes into accountability. Under this, my daughter probably would have been able to continue because during that semester that she went back to school, she got a straight A grade point average. She would have definitely qualified for this. Our household income would have been under the $125 thousand. I think this is a Bill that will help and encourage our students to continue their education. We continue to cut our higher education. We only put in for early childhood, but if we forget our students after grade 12, how are we possibly getting them ready for career readiness? This is a Bill that will help…" 10000057.docx 81  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Bring your remarks to a close."

"This is a Bill that will help do that. It will help give us a strong workforce. And it will keep our students in the State of Illinois. I urge an 'aye' vote."

"Representative Manley."

"Will the Sponsor yield?"

"Sponsor will yield."

"You know, I rarely get up on the floor and I'm… I'm a listener and not a… I never abuse this microphone, so I appreciate your indulgence. There's some parts of this Bill that I need some clarification on. So, I appreciate my colleagues indulging as somebody who doesn't always do this. Leader Lang, why did you bring this Bill?"

"We have thousands of Illinois high school students from all of our districts leaving the State of Illinois because they can't afford to go to college here. And when they leave the State of Illinois, 30 percent of them don't come back and it costs the State of Illinois hundreds of millions of dollars because they don't comeback. So, for the sake of those students and for the sake of our economy, we need to keep them here."

"Is this program going to make us spend any… any money that we don't have?"

"This Bill has no dollar expenditure in it."

"Thank you."

"Representative Andersson."

"Representative."

"You're the last speaker. Do you still want to move the previous question? You may."

"You may."

"The parliamentarian tells me that it is up to the Chair to decide to recognize the Motion. But if you'd like to move the previous question now, the Chair would certainly recognize the Motion."

"The parliamentarian tells me that it's time to ask Representative Lang to close and go to a vote on House Bill 1316. Representative Lang."

"Thank you, Madam Speaker, and Ladies and Gentlemen. We all talk about how to improve our state universities. One way to do that is by passing a reasonable budget and not be cutting it… our state universities by 62 percent over a period of just a few years. Another way to do that is to keep our 10000057.docx 83  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 students here in Illinois and to provide dollars so that our universities can retain professors. You all have talked to university Presidents and those representing universities who have told you they're losing professors. They're losing their… their faculty infrastructure. And this Bill will help us keep them there. Additionally, you all get reports from students on a regular basis or graduates on a regular basis about how their real problem in life is paying back their student loans that they've had 10 years and 20 years and 30 years. This Bill will help them do that as well. Yes, it's subject to appropriation and when we get to that, we can decide not to appropriate anything for this program. But I think once in a while on this House Floor we ought to talk about how to do something right and not simply provide a list of why we can't do something. This is something we can do. We can approve the universities. We can keep our students here. We can keep our faculty here. We can make Illinois' public universities and community colleges the best in America, but that requires the students and it requires the faculty and it requires us deciding that those universities are more important than whatever political posturing we want to put out on this House Floor. So, Ladies and Gentlemen, it's an important Bill. I thank Mr. Guzzardi and Mr. Mitchell for helping draft this. I helped sta… I thank staff. And this requires your 'aye' vote."

"Representative Lang moves the passage of House Bill 1316. And on this vote there's been a request for verification. All in favor of the Motion vote 'yes'; opposed vote 'no'. Voting is open. Have all voted who wish? Have all 10000057.docx 84  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 voted who wish? Have all voted who wish? Clerk, please take the record. On this… on this Motion, there are 65 voting 'aye', 50 voting 'no'. And this Motion, having received the required Constitutional… Oop, verification. Clerk, would you please read the affirmatives."

"Are there questions of the affirmatives?"

"He's in his seat."

"Right there at the back of the chamber."

"Center aisle."

"Is that all? On a vote of 65 voting 'yes', 50 voting 'no', House Bill 1316, having enough to require a Constitutional Majority, is hereby declared passed. And then, for a Rules Committee Report, the Clerk."

"On page 8 of the Calendar, Representative Sims on Senate Bill 1688. Clerk, please read the Bill."

"Representative Sims." 10000057.docx 86  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Thank you, Madam Speaker and Ladies and Gentlemen of the House. Senate Bill 1688 is a piece of legislation that does something that we talk about often in this chamber and often as we talk about criminal justice reform. This is a Bill that requires departments subject to the Act to consider certain mitigating factors when an applicant has prior convictions. But for me to talk about… in addition to talking about what the Bill does, let me talk about what the Bill does not do. The Bill does not remove the discretion from agencies to deny a license based on their applicant's prior conviction record. The Bill does not require licensing agencies to grant a license in spite of an applicant's conviction. The Bill does not prevent licensing agencies from considering applicant's conviction history. The Bill does also not provide a cause of action for appeal. The Bill simply encourages licensing agencies to consider an applicant's evidence of rehabilitation when making a licensure decision with respect to the applicant's conviction record. I know of no opposition. And I ask for a favorable Roll Call."

"Representative Andersson."

"He indicates he will."

"None that I'm aware of, Sir."

"The Bill, again, the agencies that are subject to the Act, the Departments of Revenue, Insurance, Office of State Marshal, the Illinois Environmental Protection Agency, the Illinois Financial and Professional Regulation Department, Department of Agriculture, allows them to look at an individual's record when they're making a licensing decision, but does not required… maintains their discretion in doing so."

"Absolutely."

"Yes, Sir."

"Correct."

"So, if you look at… look at the entire direct… the person's record in totality and make a decision. The discretion is maintained within the department."

"That's correct. That's my understanding."

"The Department of Financial and Professional Regulations have worked diligently with us on drafting this piece of legislation."

"Thank you, Representative."

"Further… anything further, Representative? Are you finished? Representative Skillicorn."

"Representative Ives."

"Indicates he will."

"Can… can you define who is they?"

"So, the department may not require applicants to report anything relative to juvenile adjudications, law enforcement, court and conviction records of the individual who were 17 years old… 17 years of age at the time of the offense, records of arrest not followed by a charge of conviction… convictions that are overturned by a higher court or convictions that have been sealed or expunged. So, that's… those are the limitations."

"If it's… if it's sealed or expunged, that… that would be correct."

"That's correct."

"Representative Sims, to close, if you'd like to close, Sir."

"Thank you, Madam Speaker. Again, this is a piece of legislation that allows individuals to turn their lives around. We've inadvertently locked out a whole segment of the population from the… from the workforce. This gives them the ability to go back into the workforce, turn their lives around, making better them… themselves and the conditions of themselves and their families. And I ask for an 'aye' vote."

"Representative Sims moves for passage of Senate Bill 1688. All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Clerk, please take the record. On this measure, there are 73 voting 'aye', 39 voting 'no'. And this measure, having received the required Constitutional Majority, is hereby declared passed. And now on page 8 of the Calendar, we have Senate Bill 1722, Leader Durkin. Clerk, please read the Bill."

"Representative Durkin." 10000057.docx 91  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Are you ready, Representative? All right. And so… ready for discussion, Representative Christian Mitchell." Mitchell, C.: "Thank you, Madam Speaker. Will the Sponsor yield? First of all, with the leave of the Chair, I'd like to take this Bill off of Short Debate and put it on Standard Debate."

"Are there six other people… Yes, there are certainly are seven people to… to respond to that request. The Bill is now on Standard…" Mitchell, C.: "All right. Thank you… thank you, Madam Chair. Leader Durkin, a couple of questions for purpose of legislative intent. It's my understanding that the… this iteration of the Bill has a five-year sunset. So, is the intention of after five years both the data collection provisions as well as the sentencing would sunset for reevaluation?"

"Please bring your remarks to a close." Mitchell, C.: "I'm almost done. Understand that the strain we see in the social safety net isn't just in the City of Chicago. Poverty grew in the suburbs higher than… faster than the City of Chicago for the first time in 10 years. The problems that we have in Chicago right now are coming for all of us and for all of you whether you live here or don't. So, vote 'yes' or vote 'no'. I am voting 'yes' because these people ought to be in prison, but do no deceive yourself that this will truly stop violence in Chicago. Thank you, Madam Speaker."

"Representative Ford."

"Thank you, Madam Speaker. Will the Sponsor yield?"

"Sponsor will yield."

"Leader Durkin, I have to first start out by saying thank you for your contributions to some of the criminal justice reforms. And I think it's great that you participate in that and vote for sealing of certain records, but I have to ask you a question about this Bill, a few questions. Do you know you are a Sponsor of the Violence Prevention Task Force to eliminate that? It's a Bill that I sponsored, passed, and became law, and it's your Bill that you have in record to eliminate that Violence Prevention Task Force to deal with certain issues that we're talking about today."

"Okay. It's your Bill. What city do you represent?" 10000057.docx 98  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Thank you, Leader. So, you represent none of Chicago. And in your opinion, this Bill would probably impact what city the most?"

"And has your research indicated where those people are basically located?"

"Okay."

"So, you want to help the City of Chicago?"

"Okay. So, when a person gets to court. Could you tell me how that happened? How did they get to the court in the first place? They probably get what, arrested or something?"

"And you're familiar with the problems that the City of Chicago has with the Chicago Police Department, aren't you?"

"And you trust the system that we have in place right now with the lives of people? And you really believe that with the United States Department of Justice, Civil Rights Division, the United States Attorney's Office of the Northern District, when they issue January the 13, 2017, a consent decree stating that there are problems in the Chicago Police Department?"

"And you know that the City of Chicago has hundreds of millions of dollars of police misconduct lawsuits, right?"

"No, it's still going on. Leader, I respect you and you're doing what you believe is right. To the Bill. I have to tell you this is the wrong time, right now, in the State of Illinois for us to pass any Bill like this when there's a consent decree going on right now. The consent decree has the CPD engages in a pattern or practice of unconstitutional use of force. It goes on to say, the CPD uses deadly force in violation of the Fourth Amendment and the department's policies."

"Please bring your remarks to a close."

"Thank you, Madam Chair. There's a lot to talk about, but I'll just end by saying that at this time in the State of Illinois with the Chicago Police Department under a consent decree, I don't think that we could trust at this time that the system that the Chicago Police Department is run under is ready to have this responsibility. I urge a 'no' vote for this Bill. Thank you."

"Representative David Harris." Harris, D.: "Thank you, Madam Chair. A question of the Sponsor, please?"

"Indicates he will take questions." 10000057.docx 101  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 Harris, D.: "Representative, my analysis shows that the Cook County Public Defender, the ACLU of Illinois, the John Howard Association, Illinois Association of Housing Authority, Chicago Urban League, Juvenile Justice Initiative, and Cabrini Green Legal Aid are opposed to the Bill. Is that still the case, do you know?"

"Representative Nekritz."

"Thank you, Mr… Madam Speaker. Sorry. Will the Sponsor yield?"

"Sponsor will yield." 10000057.docx 103  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Representative, are you familiar at all with the National Academy of Sciences Report that was done back in 2014 on mass incarceration in the United States?"

"Well, it was a gold standard report that was done that looked at the practices that Legislatures had enacted to increase the… that resulted in increasing prison population. And one of the results of this study indicated that one of the contri… mass… one of the many contributing factors to that was mandatory minimums. And the research was done to look at mandatory minimums and determine that they don't work and in fact, all they do is put people in prison for longer, which again is not an effective method of achieving our… the reforms of our criminal justice system. So, I would ask why are we moving in a direction that the gold standard research… research would indicate is an improper path forward for making our criminal justice system actually achieve justice?"

"Representative, I'm willing to indulge a little bit, but I've only got a little bit of time."

"And I have a few other lines of questioning. So, with regard to the five-year sunset, does it make policy sense that we would say you commit a crime in January, you are subject to a certain kind of sentence, but if you commit that crime five years from now, we're not so sure anymore?"

"I've never seen that with criminal sentencing."

"With regard to the first-time weapon offender diversion program, who makes the decision as to whether or not the defender gets to go into that program?" 10000057.docx 105  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"So, it's the prosecutor that would be doing that?"

"Didn't we just get rid of that with regard to veterans, just the other day?"

"I… I believe Representative Chapa LaVia had just such a Bill in order to take… in order to make sure that it wasn't just the prosecutor that could make the recommendation with regard to veterans court. What kind of data reporting will there be with regard to this first-time weapon offender diversion program?"

"Well, but my understanding…"

"Yeah."

"Ladies and Gentlemen, to the Bill. It is my understanding that there is no reporting requirement under this diversion program which is a major flaw. We have… trying to have been moving in that direction in this General Assembly for the last three or four years of making sure we have the data needed to be able to evaluate our programs and this Bill completely excludes that. It's a vital program that is controlled by the state's attorneys completely. And with regard to the philos… philosophical underpinnings of this Bill, we know… the data tells us that… that mandatory minimums, which you can call this what it is, but you can't put lipstick on a pig. It is… it is a mandatory minimum that… that this is the wrong direction for our criminal justice system to be going if we are going to achieve the goals that… that the Governor's Commission claims they want to achieve up…"

"Would you please bring your remarks to a close?"

"I will, Madam Speaker. Of reducing the prison population and making our justice system actually work. I urge a 'no' vote."

"Representative McAuliffe."

"Representative Ammons."

"Thank you, Madam Speaker. Would the Speaker yield?"

"Sponsor indicates he will."

"Thank you. I want to clarify a few things in the Bill. Does this Bill provide the… any opportunity for state's attorneys to do double even triple jeopardy on sentencing?"

"Yes. It means…"

"So, I'm suggesting a person that is sentenced for a gun crime, for instance, could also be charged with five different other acts within this same Bill that you're proposing right now." 10000057.docx 108  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"So, they can be charged with double or even triple jeopardy. I appreciate that."

"I appreciate that. Your legislation also reduces the distance… the parameter of a crime, if it's committed near a school or a church or something like that. Is that true?"

"And in the black community where there are churches on every corner, even if that church is closed, could this be an enhancement as well?"

"So, that's not…"

"…that's not written in clear language in this legislation that says the actual school or church has to be open with people present in it."

"That's your… that's your understanding of that. I want to know if that's clear for folks. The other question I had about this is there's a $300 thousand fine imposed. Is that up to potentially or is that a strict $300 thousand fine that can be imposed?"

"And then my final question is in relationship to this legislation not containing any provision about illegal gun trafficking. Is there… your intention to allow illegal gun trafficking to maintain itself under the current Bill that you're proposing?"

"So, gun dealers in Illinois have to be licensed in Illinois under the previous Bill you passed?"

"Thank you."

"And there currently procedures in this Bill to enforce that legislation that you've already passed in the relationship to guns found in possession of people being charged under this legislation?"

"This task force that you're referring to in this Bill that has no reporting requirements that's the one you're… that's what you're referring to?"

"Thank you."

"Thank you very much. To the Bill, Madam Speaker."

"To the Bill."

"Important part of this is I've heard on the floor that people and all of us don't have sympathy for people who shoot innocent people and children in our community. People in the black community have experienced this level of violence for a very long time with little to no relief when it comes to provisions that will address the systemic problems of violence in our community." 10000057.docx 111  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Would you please bring your remarks to a close."

"Thank you. But today, the sympathy question is whether people should be charged with double and triple jeopardy. Whether people outside a provision that's been named in numerous reports will see a reduction ultimately in gun violence in our communities. I argue that we will not. Based on the legislation of gun policy and drug policy, we have not seen less of either one of these issues because we have not gotten to the root causes of these problems. And because of that, I urge a 'no' vote on this legislation."

"Representative Mayfield."

"Thank you. Will the Sponsor yield?"

"He will yield."

"Representative, can you tell me and how many times in the past has… between 2000 and 2012, how many times have we increased gun penalties in this chamber?"

"Six times."

"Six times we have increased penalties for gun violations and it has had no impact on the crime in Chicago, none. So, we know that this is clearly not the answer. Superintendent Johnson, he promised evidence in committee to support his 50 percent reduction claim. Neither myself nor any Member of the committee has received that information. So it is just that. It is a claim. It is a fantasy. It is not a reality. We do not have any data to sup… to support this claim of a 50 percent reduction."

"To support a 50 percent reduction in crime?"

"Well, that's what he said."

"Okay. Thank you, thank you. I only have five minutes."

"Thank you."

"That does not answer my question, Representative."

"It does not answer my question. And you're wasting my time. You're wasting my time."

"I have five minutes."

"I have five minutes, Representative. Thank you. So, moving on, there is no data to support the 50 percent claim. Again, Superintendent Johnson stated during committee that he 10000057.docx 113  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 needed this Bill to target 1400 individuals; 1400 is not going to give us that 50 percent either. It will increase costs. Now, no one on your side of the aisle is willing to vote for a tax increase. I don't know where the money is going to come from to house all of these individuals in the board of… in the Department of Corrections 'cause we're talking millions of dollars to support these individuals that we're looking to put into prison. And I agree with the former Representative who stated that any individual that shoots a child or anyone deserves to go to prison. I definitely agree with that; however, I don't think this Bill is the right answer. You removed housing projects from this Bill as a protected area. So, what this means is that drug dealers can now go into these housing projects, knock on the doors and sell their product. There is no 500 foot penalty… designation, the thousand foot designation is gone. There is none. They can literally go and knock on doors. They can sell their drugs right in front of a family member's home. And there are no protections in this Bill."

Speaker Currie: "Representative, I'm not sure that was a question."

"It was not a question. It was a statement."

"It was a statement."

"It is being portrayed factually."

"You will have an opportunity to close."

"It is being portrayed factually."

"You know, that's only if they catch them. But you took out the protections to pro… so that those children in the Housing Authority could have a drug-free area, an area where they could play drug-free. You removed that from them. You took away their protections. Also, since the majority of the crimes happen in the City of Chicago… and I understand you do not represent the City of Chicago… I'm glad that you feel the need to do something for the City of Chicago. However, this should have been the City of Chicago only Bill. Why does it have to affect everyone in the entire state? The majority of the crimes, as you stated, 90-some percent of the crimes that are happening in the state…"

"…are happening in Chicago. I'm making comments here."

"No. No, I didn't ask you a question. I did not. I made a statement. So, 90 percent of the crimes are happening in the City of Chicago. We… This Bill should have been a City of Chicago only Bill and not subjected on the rest of the state. We individuals on your side of the aisle, yourself included, have spoken against Bills that affect Chicago, that are basically, you know, put off on the rest of us. I think this is one of those type of Bills. It is a problem. There is also an issue with the felony that is attributed to individuals who have nonviolent weapons possession. And this Bill… Yeah, 10000057.docx 115  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 yeah, you can get down. There isn't such thing as a nonviolent weapons possession. And this Bill definitely speaks to possession. It says it's felony. Am I… now, this is a question. Is that not correct?"

"Is that not correct?"

"Okay. So, gun possession… Are you saying that all gun possessions are violent?"

"I didn't say whether or not they're against the law."

"My question, are they violent? Are they violent?"

"So, everyone that is…"

"I'm going to need somebody to relinquish some time to me, please. Yes, continue."

"I am so glad you went there. I've got a response for that."

"Yes. My time is about to run out. That's okay. I'll wait until somebody relinquishes and come back…"

"All right. We'll go next to Representative Guzzardi. Somebody may offer time to you down the line, but Representative Guzzardi is next."

"Thank you, Madam Speaker. A couple of questions of the Sponsor. We had a discussion of this Bill in committee. As I said then, I'll say it again, I appreciate your commitment to working on this issue and your sincere commitment to trying to address the problem that we all acknowledge in this chamber that the violence in the City of Chicago is simply beyond the pale. I guess my question is, the… as we've heard before, the Superintendent came before our committee and testified this would bring about a great reduction in violence in the City of Chicago. My question is, how? What about… what about the action of this Bill will reduce violence? How's it going to work in your estimation?"

"Sure. So, the Superintendent said in committee… I'm going to paraphrase here… but he said generally that the way this Bill was going to prevent crime is that the word was going to get out to the bad guys that the sentences were higher, right? And once the word… correct me if I'm reflective… representing his testimony wrong… this was my… sense of his gist. That the word's going to get out to the bad guys on the street that they're really going after these crimes and that's going to cause them to stop committing these offenses? They're not going to carry the weapons anymore."

"Is that more or less what he said?"

"Sure."

"I understand that. To the Bill. Thank you for your answers, Representative."

"And thank you very much for your effort on this again. I'll say that…"

"To the Bill."

"To the Bill. It is my view that we are approaching this problem from the fundamentally flawed premise and it's one that we have 40 years of proof in this country is flawed. The premise that if we increase the sentences on people it's going to deter them from committing crimes. This was the impetus behind so much of criminal justice policy for the last 40 years in this country and we have seen the proof that it is simply not true. Length of sentences, durations, severity of punishment is proven to be ineffective as a deterrent to criminal behavior. Lengthening people's sentences simply does not stop them from committing crimes. I will say we all share a sincere belief that this crisis needs to be addressed, but I have to say I don't think it's a coincidence that the spike in violence in the City of Chicago occurred at the exact time that we stopped having a budget. The moment when we stopped funding after school jobs and mental health and CeaseFire and interventions in these communities is the exact moment that the violence started escalating in our streets. I don't think that's a coincidence, Ladies and Gentlemen. And the very programs that are so vital to protecting the lives of the young people in these communities, who we all seem to care so deeply about, those very programs have been zeroed out in every single proposed 10000057.docx 119  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 budget from the Governor of this state. The programs that the people of these communities need to stop the… to really genuinely address the root cause of violence, those very programs are being zeroed out. I know… we all know we have to do something. And the Superintendent came down here and said, the reason why I'm advocating for this Bill is we need to do something. But doing something that doesn't help solve the problem so we can tell ourselves and tell our constituents that we did something, that doesn't work. That's not good enough for me anyhow. I want to do something that works. I think we know what works. We know investing in communities is the solution not locking more people up. We have decades of proof of that. I appreciate the intent of this legislation. I think the basic premise of this legislation is flawed and I'll be voting 'no'. And I urge a 'no' vote from my colleagues. Thank you."

"Representative Stratton for five minutes."

"Thank you, Madam Speaker. Will the Sponsor yield?"

"Indicates he will."

"Thank you. Thank you, Leader Durkin. I just had a couple of questions and I know that during the committee I had a number of questions regarding the data and the premise that I did not… I was not aware and I did not hear any data within that committee hearing that supported that… this type of enhanced sentencing would actually reduce violence. So, I have a couple of clar… or gun violence. I have a couple of clarifying questions. First, I wanted to go back to the sunset provision and clarify that the legislative intent behind the five-year sunset provision was for the sake of data collection 10000057.docx 120  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 to create that nexus as to whether or not presumptive sentencing would, in fact, reduce gun violations."

"Okay. Thank you. And then, at that five-year point if that nexus cannot be shown then the intention or the… what we're saying here today is that then this Bill would then sunset out and would…"

"…no longer… the presumptive sentencing piece?"

"Okay. Thank you. I know that there were some Governors Commission reforms, I guess, on criminal justice and sentencing that were removed from the Bill… the Senate version of the Bill before it passed over to the House. Do you know what those are or can you share what those are… were?"

"Okay. And…"

"Okay. But there were some… you are aware that there were some reforms that were proposed by the Governor's Commission on sentencing and criminal justice reform that were put into the Bill but then subsequently removed before being moved forward as a Bill?"

"Okay. According to, I believe, U of C crime lab data, 91 percent of shooters in 2016 were not arrested. So, you 10000057.docx 121  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 presented some data regarding the Chicago Police Department on shooter background, but can you talk a little bit about that data within the context of how many people are not actually being arrested for gun violence?"

"So…"

"So, I know you mentioned that the Federal Government and the approach of the Federal Government, but you are also aware that the Federal Government has now… certainly under the direction of Attorney General Sessions… has made a new emphasis on a return to 'law and order'?"

"Okay. So, to the Bill. I just want to…"

"To the Bill." 10000057.docx 122  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"To the Bill. This return to law and order is something that is of great concern to communities like the ones that I represent in Chicago. I can say that in talking to people in the 5th District and around the City of Chicago that no one, myself included, none of us want to see any more lives lost to gun violence. This is an issue that when I first spoke words on this House Floor back in January the first words that I spoke on this floor were the names of three young children that we lost in the City of Chicago, one in my district, due to gun violence. So, when I think about solutions to gun violence, what I am looking for are solutions that actually will reduce the violence, not something that we do based upon a kneejerk reaction. Remember, two years ago in Chicago, the Chicago Police Department said we had the lowest gun violence rate in… in 20 years. And now, two years later we are talking about enhancing penalties? That is not the way to make good policy. If we have across this country an idea that we need to start looking at reforms, that we haven't been in a state of mass incarceration and we have to be at a place when we start using evidence-based and data-driven practices…"

"Please bring your remarks to a close."

"Thank you. Evidence-based and data-driven practices to determine what is the best way to not over incarcerate communities, which disproportionately are communities of color, then it really behooves us to not just jump and say let's do something without any data to support that it would help. I urge a 'no' vote."

"Representative Flowers for five minutes." 10000057.docx 123  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Thank you, Madam Speaker. To the Bill."

"To the Bill."

"You know, I really think it's very unfortunate that we're having this discussion because the problem isn't really the guns. The problem is the segregated city of the City of Chicago. And because it's segregated it's also isolated. There are no jobs. There's been 50 or more schools that's been closed. There is no networking. There was a civil ri… there was a riot in the '60s and on the south and west side of the City of Chicago from 1960 to 2017 nothing has changed. No health care, no clinics. We used to have hospitals; the hospitals are gone. We used to have colleges; the colleges are gone. We used to have 63rd and Halsted where businesses were; that's gone. So, the funny thing about all of this and it's really not funny, but it just goes to show you how racist all of this is. In the communities where there are jobs, where there are schools, where there good housing, where they have access to mental health, access to education, and generational wealth, there is no killings, none. So, if you is really serious about wanting to stop the tragedy that's going on in the City of Chicago on the south and west side instead of coming up with something that you know that does not work because it didn't work in the '90s, we just lock innocent people up and the taxpayers is paying for it. See, if the police officers and the prosecutors and those who lock up the innocent people, if they were paying for it, we wouldn't have this discussion. But you just going to pass on to the taxpayers and studies have proven that the longer you lock these young people up, the worse they are when come back 10000057.docx 124  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 to the community. And what I find is really amazing and the reason why it's so easy for you to stand over there, Representative, being the person that you are, because you don't have to worry about any of these people that's going to be locked up coming back to your neighborhood. They will not be your neighbors; you will not work with them; you will not eat with them; you will not socialize with them. They will never come in contact with you or your family. But oh, for us, we can't put enough locks on our doors, bells, and whistles, alarms. Bullets flying all over our heads because these people are sick. But let me ask you one question. Is this the first time the City of Chicago has ever had a gang problem? Just answer yes or no, please."

"And so, how did we eliminate the first set of gangs, the second set of gangs, and the third set of gangs which was not African Americans and Hispanics? How did we eliminate those gangs? How do we eliminate the Irish Mafia? How do we eliminate the Italian Mafia? Tell me how… Don't say nothing to me. How do…"

"How did we eliminate those gangs, Sir?"

"Excuse me?"

"You got the jobs. You got the politics. You got the restaurant. You got the businesses. You got the banks. You got the insurance companies. You got the schools. You wrote 10000057.docx 125  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 the books. You're writing the laws. That's how you eliminated those gangs. So, I challenge you… I challenge you to take this Bill out of the record. Take it out and then let's talk about jobs. Let's talk about eliminating segregation in this most racist city in the City of Chicago like other cities have done. Let's talk about putting schools… let's talk about health care. Let's talk about opportunities. Let's talk about the past of the African-American people and the struggles that we've had to endure all of our…"

"Your five minutes is up. Would you please bring your remarks to a very quick close?"

"Let's talk about it, Representative, and take the Bill out of the record. Thank you."

"Representative Welch for five minutes."

"Madam Speaker, I yield my time to Representative Ford."

"Representative Ford, you're recognized for five minutes."

"Thank you. Will the Sponsor yield?"

"Sponsor will yield."

"Leader, I have a few more questions. The number one deterrent I believe, of crime is a good police department and ability to solve crimes. I'm going to read to you something from the WBZ, just briefly. It just says, the Chicago Police Department last year solved fewer than one in five murders committed during the year, the lowest rate for crimes in the last half century. So… so, my question is, I don't understand how we want to add new laws to the books when the Chicago Police Department can't do their job now?" 10000057.docx 126  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"So…"

"So, if this Bill does not pass and does not become the law, are there other laws on the books that can do exactly this?"

"So, all the laws on the books for guns… gun laws, there are… there's not one gun law on the books that could solve the problems or help solve some of the problems in the City of Chicago. We have to enact this Bill… make it law in order to help the City of Chicago?" 10000057.docx 127  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"And the other question I had was if a criminal, a repeat offender is just caught with a gun, will this fall in the category of being charged with a repeat offender, possibly?"

"So, you don't have to use the gun. A gun could be planted on you and you could be charged with that gun and be subjected to the new law?"

"Just for having… I mean, I'm with you."

"I'm just…"

"Yeah. I'm with you on…"

"Leader, I don't… I'm not…"

"I'm not really trying to cut you off. I just want to say my confidence in the system to protect black men and black people is very, very minimal. And I know people that have been railroaded in a system like Chicago. And to say that this Bill will protect people, I can't agree with you. And I want to apologize to all the people in the City of Chicago that have to be subjected to such a racist police department and such a department that really don't respect our communities and that will not go out and find the real murderers and the killers in our communities. And I want to apologize to the people of Chicago because we have to bring more legislation like this to subject black people to more torture from a police department that really don't care about us."

"Representative Wallace for five minutes."

"Thank you, Madam Speaker. Will the Sponsor yield?"

"Sponsor will yield."

"Thank you, Leader Durkin, for bringing this to the floor for discussion. There are about 23 opponents on your Bill. Can you share why… a little bit of the opposition as to why these groups do not like this Bill?"

"Okay. Thank you for that. In committee and in another meeting that I had with Superintendent Johnson, he spoke about this Bill probably capturing a few dozen people. And since this Bill does not increase the… the maximum number of years already on the books, I guess my question is, if and when the 10000057.docx 129  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 police actually do arrest people, there's a number of different points of data that says either 1 in 9 people are actually arrested. The Superintendent himself said it's somewhere between 40 and 50 people. But when those people are actually arrested and brought to justice, what is preventing the judge from sentencing them to the higher end of the spectrum now?"

"Okay."

"I appreciate it."

"Okay. So, and judges aren't using their discretion and officers may not be arresting and bringing them to be charged by the state's attorney. We do have several gun laws already 10000057.docx 130  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 that actually do have some pretty tough penalties. So, again, I'm trying to understand where the disconnect and I think it lies within the data points that I mentioned that only 1 in 9 people are actually even being arrested. You mentioned that the people who have been committing some of these acts already have prior offenses. What was the number of that? And you said that this is somehow how the Superintendent will get to this 50 percent reduction in gun violence?"

"Okay. So, about 40 percent."

"So, then you're trying to say that if those people were arrested under this particular type of Bill and charged and sentenced under this that those people would not have reoffended. So, there's some type of causation instead of a correlation and we know that that absolutely is not the case, right?"

"Okay." 10000057.docx 131  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"So…"

"…that is…"

"Well, I don't want my…"

"…time to be run out."

"I do appreciate what you're saying. I get that. It's still not a causatory issue. So, are you familiar with the U.S. Department of Justice's report on deterrents issued in 2016?"

"Five things they say and number one is the certainty of being caught is a vastly more powerful deterrent than punishment. If people are not certain that they're going to be caught then they will continue to run amok, and I think that's what we're seeing. I would just simply like to go to the Bill."

"To the Bill."

"I know I have a few seconds left. If there are 1400 strategic subjects, there's only a couple hundred or a couple dozen people that this will effect, I'm not understanding why then we aren't here to talk about resources to make sure that law enforcement is able to actually complete these cases so people can come…"

"Please bring your remarks to a close." 10000057.docx 132  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"…so they can come to justice. Again, the U.S. Department of Justice has simply released a point… a report that says the certainty of being caught. If you're not caught, you can't be sentenced. And in that… and because of that, I will not be able to support this measure. Thank you."

"Representative Riley for five minutes."

"Thank you, Madam Speaker. Will the Sponsor yield?"

"Sponsor will yield."

"Leader Durkin, I think that one of the important questions that was asked and you know, you didn't provide an answer… I guess it's difficult to come up with an answer… was when Superintendent Johnson made his 50 percent, I really think strategically for him to come out with a figure and not be able to back it up with… with data was the wrong thing for him to do. So, you've not seen any definitive analytical information that leads to if this happens here are the reasons why crime will go down?"

"But Representative Durkin, I mean… come on, let's… let's really look at it. That's a qualitative statement, but it doesn't say, but if you do these things, here are the reasons why… If you had a mathematical model or but none of that has been done. And so, again, to make the statement about we're going to cut it down by 50 percent if we get this Bill, there's really no way they… that can be proven. I will say this though. It was about five or so years ago, I went to an alumni association meeting at UIC. And so, there were people who graduated from statistics… master degrees in statistics and planning and all of that, and some of them were, in fact, working for the Chicago Police Department. The Chicago Police Department has a large analytical section. They can actually do those kinds of studies where we could at least say here's a model that, you know, we could critique the model, but here's the way that they're predicting changes in crime if certain other things happen. There was a study and you know, whenever I say there's a study, I can quote what the study was. There was a study by the RAND Corporation in 2013 that said some of the predictive analytical models that the CPD came up with didn't work. Now, the RAND Corporation over the years cannot be construed as a… certainly a liberal leaning research organization. They're pretty, you know, in the middle of the road. But that's what they came up with. So, I'm only saying that it would be good if a pronouncement came out of the City of Chicago and Chicago Police Department about something that would occur. If only these things would occur then they really got their facts straight. If they couldn't say it then what they should say is we would hope that this 10000057.docx 134  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 would happen. I think would make it a little bit more… more plausible. And I also think that in the absence of other cause and effects kind of things we do know about… we talked about education, we talked about jobs and those kinds of things… then this is just, you know, another sort of draconian kind of measure. There's… how many people are sworn in the Chicago Police Department? About how many?"

"Okay. I think it's over 10… 10 or 12 thousand. Clearly, to get these offenders, you have to arrest the people. So, if they're having problems arresting the people then that might be part of the issue. You talked about maybe needing more police…"

"Well, you see that… and we don't know if that's going to help, but at least we can say more manpower in the communities where it's really needed we feel would help, you know, reduce gun violence. But something as these measures where, again, we're sort of betting on the come that if we… and I believe it's a mandatory minimum type Bill too… if we do these things, that's going to reduce crime. I just really think that we're sort of barking up the wrong tree. But thank you for your concern, anyway."

"And he's used up your time. Representative Willis."

"I yield my time to Representative Mayfield."

"Representative Mayfield for five minutes."

"Thank you. I'm going to… Will the Sponsor yield?"

"Indicates he will."

"Representative, can you speak to the unauthorized possession of a weapon and the felony why for those individuals who they don't live in the City of Chicago and they are pulled over and they are found to have a weapon in their possession, why they should receive a felony?"

"Okay. So, under this Bill, if a person is pulled over and they have an unauthorized weapon, they would be immediately put into your diversion program? Are there any… is there anything else that would provide any type of relief for that individual that is found with a weapon, even though they did not commit a crime. They just simply had the weapon on their… they possessed an unauthorized weapon?"

"But they would still get a felony." 10000057.docx 136  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"To negotiate it down to what?"

"Okay. That's an interesting point. All right. We've taken discretion from the judge. We've given it to the prosecutor and they can pick and choose who gets a felony and who gets a misdemeanor."

"Okay. But my question is, if an individual… let's say in Lake County… pulled over, you know, they had a broken taillight and for whatever reason that arresting officer ascertained that that individual had an unauthorized weapon in their car, meaning they did not have an Illinois FOID card. What is the penalty?"

"One to 3, Class 4 felony. Thank you for that. To the Bill. And for those of you…" 10000057.docx 137  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"To the Bill."

"…considering voting 'yes' on this Bill, I think this is a very key point. You heard the arguments, you know, about the fact that we've increased gun penalties six times, you know, in 12 years, no impact to the gun violence in the City of Chicago. We heard, we talked about, you know, this is going to decrease gun violence by 50 percent. Superintendent Johnson stated that there are 1400 individuals that are already on a target list. This is going to knock it down to 700. We're still going to have gun violence. This Bill is not going to address the issue of gun violence, but what this Bill will do for those of us that live in the suburbs, particularly myself. I have a military installation in my backyard. I have Navy… I have Navy Seals. I have Marines. I have Army reservists, National Guard, all in my backyard. Many of them do not have an Illinois residency. They have conceal carry cards in other states that are not recognized here in Illinois. Should any one of them been pulled over, they will be charged with a felony. Their entire life ruined under this Bill. That is what this Bill says. Representative, I understand what you're trying to do. This Bill needs work. I am willing to work with you on this Bill, but I cannot jeopardize the lives of the men and women who are laying down their lives for those of us in this chamber here on Memorial Day and say, you know what, because we can't seem to get our laws in order here in Illinois, we're going to make sure that all of you that are in the military, 'cause this Bill will target my military personnel, they'll be waiting for them outside the gate, pulling them over on technicalities and 10000057.docx 138  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 charging every single one of them with felonies. We need to fix this Bill, Representative. I'm urging a 'no' vote. Thank you."

"For five minutes, Representative Harper."

"Thank you, Madam Speaker. To the Bill."

"To the Bill."

"I was born and raised in Englewood where we shoot every single day. And as a child, I went to sleep to the sound of gunshots every… and additionally, I have attended countless funerals of my own friends. But since this budget impasse has begun, I have been finding myself caught up in the crossfire of random shootings at least every other month where I both see the shooter, the victim, and everything. You're not going to find an issue here more important to me than gun violence. It is the reason that I am here. Gun violence is not a police problem, so there's no way police can solve it on their own with this Bill. I've heard today that violence will decrease by 50 percent in a year if we pass it. This is the biggest lie I've heard since I've been in Springfield. Such a prediction is also disrespectful, but that's the kind of numbers you get from police. As stated by many others, police are not even catching the shooters and killers and in order for this Bill to be most effective, you actually have to catch the shooters. And it's not because the neighbors aren't helping either because I live at the CAPS meeting. If we don't catch killers in Chicago, how will this Bill decrease violence? The superintendent is right when he says that only a percentage of people are causing the violence in Chicago, but he can't catch them. There are a few ruthless shooters in 10000057.docx 139  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 our community that, yes, make us all look bad, but the majority of the people in my community are just like me. It seems no one's interested in solving the murders in my community and we wonder why we have to ask, do black lives matter? Apparently not when it comes to the murder clearance rate, not in my community and please, stop referring to us as thugs and gangbangers. It's not even set up like that anymore, and quite frankly, to use those terms in 2017 shows how disconnected you are from the real causes of violence. This Bill doesn't go after the second-time gun offenders. It just goes after people caught with guns for a second time. It will only result in the same thing we've been doing in Legislatures across the country since I was a baby when they wanted to be tough on crime or stop the war on drugs. The only war that was raised was the war on the freedom of my black and brown daddies, uncles, cousins, nephews, and sons. The war that ends in mass incarceration that leads to more black babies not having daddies, not having that income, and not having that influence and being led down the road in an environment that turns him into picking up guns to protect himself. These are people who, for whatever reason, cannot depend on protection from a community, from a church, from a family, or from the police, the one who gets paid to protect and serve. My constituents say when we call the police for help, we are just as guilty as the perpetrator. We're all treated the same when they show up at the scene. So, because of that distrust, some of us have to arm ourselves to protect from the evildoers looking to attack us in our own community because of the circumstances and lack of infrastructure beyond our control. 10000057.docx 140  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 So, unless you're going to address a dangerous flow of guns into my community at the same time that you lock people up for having them for a second time, I cannot support this masher… measure. It leads to more mass incarceration and does nothing to address the root causes of gun violence: poverty, low educational and vocational opportunity, food desserts, no recreational opportunities or quality card programming, poor neighborhood infrastructure, lack of businesses, no jobs, six closed schools at one time in my community, you name it, are all root causes to violence. Until I see this Legislature get serious about turning around these root causes, I can't be serious about supporting a Bill that's going to lock up more of my neighbors for reasons and circumstances beyond their control. This is exactly why Members of the black and Latino Caucus introduced House Bill 4008 which provides emergency funding for evidence-based programs, street-level engagement that we need to lead our young people down another path other than the alternative economy and guns. There is a lifestyle that has been created, an order to the street, so to speak that has been created during the gross neglect of these communities over the past 30 years. You say you understand the societal conditions that cause my violence, but if you understand, you must not care, because you vote 'no' on every single measure that helps those societal conditions that prevents a child from picking up a gun. Engaging disconnected youth, maintaining safe streets and parks, bustling businesses with great green open space as well as properly funding schools will reduce violence by 50 percent not this Bill. I encourage a 'no' vote." 10000057.docx 141  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Representative Thapedi for five minutes."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor will yield."

"Leader Durkin, the name of your act that you're proposing today is the Safe Neighborhoods Reform Act. Is that correct?"

"All right. So, on the path to reformation, did you confer with Members of the House who represent the communities that are most affected by this Bill and if so, what is now your understanding?"

"No. I mean, of the House."

"Was there anyone else other than Mr. Turner?"

"All of them?"

"All right. Leader Durkin, is there anything in this Bill that addresses any of the roots of the problem associated with gun violence and you've heard some of them. Is there 10000057.docx 142  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 anything in this Bill that addresses the lack of jobs in the neighborhoods that you're trying to reform?"

"You're going to have to yes or no."

"Okay. Did you…"

"All right. Is there anything in this Bill that addresses the lack of economic development in the neighborhoods that you're seeking to reform?"

"Is that a yes or is that a no?"

"All right. Is there anything in this Bill that addresses the school issue, the lack of quality schools in the neighborhoods that you're seeking to reform?"

"Again, we're talking… school…"

"All right. It's no to the schools. So, is there anything in this Bill that addresses generally a viable alternative to crime for some of the young people that live in these neighborhoods that you're seeking to reform?"

"And… and I appreciate that…"

"I would agree, I would agree, Leader. There's no question about that. But I'm looking at the beginning that the goal is, is to put ourselves into a position where these young folks are never even put into the position where they're committing crimes that we want to put them on a path to success. And if we're not willing to have a Bill that we want to call the Safe Neighborhoods Reform Act and we don't want to address any of the roots of the problem, that's problematic. That's problematic. And my last question is… is, did you coordinate with the Senate Sponsor on the Bill and what the path would be in the House or did you unilaterally decide to prefile for the Bill?"

"All right. Now, it's also my understanding that there is a… a trailer Bill to the Safe Neighborhoods Reform Act and that Bill apparently will address some of the roots of the problem dealing with gun violence, more specifically in the City of Chicago. Are you willing to support that trailer Bill? That trailer Bill is on file. It's my understanding that it's Senate Bill 1980. Do we have your commitment to supporting a 10000057.docx 144  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 trailer Bill to your Bill that will truly put us on a path to reforming our neighborhoods?"

"All right. And then my last part is that I want to make sure I understand fully about the sunset scenario. So, after the five-year time period if it's determined that it's not working, what would be your intention at that point?"

"Thank you, Leader."

"Representative Turner, your name was mentioned in debate. You have five minutes."

"Thank you, Madam Speaker. I'll go directly to the Bill. I just wanted to clear up…"

"To the Bill."

"…clear up a few things that were mentioned as my name was used in debate a couple times. First of all, I did take a chance to… and I'd like to thank Leader Durkin for sitting down with me and negotiating certain aspects of this Bill. And I brought to him there were concerns of Members of my caucus; however, you're hearing a lot of opposition from the Bill from Members of my caucus and… and for a couple reasons. First of all, when it comes to the diversion program, there is a diversion program included in the Amendment, but it's 10000057.docx 145  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 not as we would like to see it. There's no pre-com… there's no pre-complaint for the diversion program which was a huge problem for many of the Members of our committee. Also, the gun task force, the teeth were essentially removed from it enfor… enforcement action was removed from the Bill as it relates to the task force. Now, as for me and how I feel about this legislation, it's very hard for me with a Bill on the board to not support something that would address repeat gun offenders considering the violence that we're experiencing in the City of Chicago. However, I thought Representative Harper made a very good point and spelled out a lot of the reasons that lead to the gun violence that we experience, in particular, in the City of Chicago where… where my districts… where my district is. And I think those things need to be addressed. They're not… all of those… all of those considerations are not taken up in this Bill, but those are the sorts of things that I think need to be addressed if we're truly serious about reforming our criminal justice system and dealing with gun violence in the City of Chicago and across our state, for that matter because violence isn't just happening in Chicago. You can go to Rockford, other areas, downstate in St. Clair County and other areas that experience the same sort of violence that we're experiencing on Chicago's south and west sides. So, I think that, you know, while I understand the effort that's being taken from… taken up here and we have to do something in particular about the gun violence that's going on, we need to address those other issues. Poverty, poverty being a huge, huge one. Poverty, education or a lack thereof, those are the sorts of things 10000057.docx 146  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 that we need to be tackling and you will see some results coming from gun violence… see gun violence reduced in these cities where this is a major problem. I'm going to support the Bill because I've negotiated with it. Although I'm not totally onboard with everything, I'm… this is… this is a start. This is a start and we'll work forward with him. There is… there is a sunset included on this Bill. The Bill will sunset and we will come back and revisit the data that we collect over the course of that time. If this will do anything though to address those offenders that the City of Chicago Police Department will have you believe is just about three dozen… three dozen people that are calling… causing real, real problems in the City of Chicago, in my community in particular, then I'm for it. Thank you."

"Representative Andrade for five minutes."

"Thank you, Mr… Madam Chairman. To the Bill."

"To the Bill."

"I've been around four years and I probably voted for every reformative justice Bill there is, but I'm reading this Bill here and it says reduce, remove, reduce, remove, not even sure what's doing. I mean, here and then, yes, the Chicago Police Department has problems, but let me tell you something. When I first got here, I sat next to someone that was… then was convicted for bribery. Then I got another person that was a child sex offender, predator. That doesn't mean that everyone in this chamber is a child pedophile. It doesn't mean everyone takes bribes. I have classmates, family members that are Chicago Police Department and they are the utmost honorable people. I will not stand here and hear that every 10000057.docx 147  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 Chicago Police Department employee is a bad person. Yes, they have issues, but they are my friends, they're my family members and I… Will the Sponsor yield, please? Madam Chairman, will the Sponsor yield?"

"Sponsor will yield."

"So, let me understand this. I want to understand this Bill, maybe I'm confused, but… I'm not an attorney. So, now, we remove the fact that when a person gets the first offense, it's not a felony depending on the judge. Now, the second offense, are those second offenses that are listed here that say 26 predictable felonies? Are those the second offense or first offense?"

"So, these people that we're trying to keep in jail are people that have committed armed robbery, first degree murder, attempted first degree murder with a firearm, aggravated battery with a firearm, armed violence, aggravated possession of a stolen firearm, unlawful discharge of firearm. There's even hijacking, carjacking. So, we want to protect hijackers? Aggravated vehicle hijacking, home invasion, home invasion with a firearm. So… so, is that… is this the people we're trying to… to make sure?"

"Okay. Now, to the Bill."

"To the Bill."

"Representative Cabello, you have five minutes."

"Sponsor will answer questions." 10000057.docx 149  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Could we have some order in the chamber, please?"

"Your time has come to a close, Representative. So, can you… can you bring your remarks to a close?" 10000057.docx 152  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Represent…"

"Representative Andersson for five minutes."

"Representative Cabello for five minutes."

"To the Bill."

"Representative Arroyo for five minutes."

"Thank you, Speaker. Will the Sponsor yield?"

"Will."

"Representative, I want to thank you for what you're doing. I want to thank Senator Kwame Raoul. I believe he's in the chamber or was in the chamber. You know, since I came to the General Assembly, I've tried to pass gun legislation here. I've had a 'one gun a month' Bill that took me four years to try to pass it and I couldn't pass it. We need to pass some kind of comprehensive legislation for gun control that tries to stop the shooting. You're trying to do something people say is good, some people say it's not. In my district, there's also shootings. I believe that if somebody in my district gets caught with a gun more than once I think he should be 10000057.docx 155  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 locked up. I don't want somebody that's not locked up if he gets caught with a gun twice. So, how does this affect the people? Is this going to incarcerate more people or is it going to have less people getting locked up? The SPAC report says that it's going to reduce the people that get locked up?"

"Representative, I didn't hear that. It's kind of loud on this side of the floor."

"Could you repeat that, please?"

"So, there's going to be less people in people getting out of jail?"

"Less people…"

"Representative, I want to thank you for trying to pass some kind of legislation. It's not easy in this chamber."

"I've tried it; it didn't work. I'm going to support this Bill because you and Kwame have come together to be able to do something in this chamber. I'm very proud of that. And I want to be part of that."

"If you get caught in my district with a gun more than once, lock them up. I don't want to be considered as weak on crime in my district. You get caught with a gun, lock them up. Thank you very much."

"Representative… Representative Evans for five minutes."

"A question for the Sponsor?"

"Yes."

"Question for the Sponsor?"

"The Sponsor will yield." 10000057.docx 157  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Thank you. Sponsor, I had a question. Is this a omnibus crime and economic development solution Bill? Is that what you found?"

"To the Bill. Ladies and Gentlemen, the communities in which have been mentioned in debate are communities in which I travel, I live, communities in which the superintendent travels and lives. We live in these communities. And these communities are void of many things, economic development, various things that we have discussed. But also, what these communities have is individuals who choose to utilize guns for purposes in which are terrorizing my community. And I know some of these individuals. I'm friends with some of these individuals. I'm willing to stand on this floor and tell the individuals in my community who choose to use guns for violence that I oppose you. That if you keep doing it, we got to lock you up. I'm willing to push against my friends. And as I mentioned in committee, I'm asking other… the individual on the other side to push against your friends because a portion of this is people are proliferating guns in my community that come from communities on the other side of the aisle. This is a team effort and I'm willing to stand. I think the frustration from many of the Black Caucus Members is it too far and too many times that I'm willing to stand against my friends, against people in my community, to give them additional years, but we're not getting that reciprocated. 10000057.docx 158  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 Guns are being proliferated in my community to cause these violent crimes and that is a big portion of it. So, I'll do my part today to say, hey, guys you've got to stop. To team up with the Superintendent who lives in these communities. The superintendent who came down to Springfield to advocate for the safety of my communities. If you don't like the Bill, that's a decision that you have to make, but I'm sent down by individuals like my next door neighbor, a 63-year-old woman who wants the violence to stop, who wants the shooting to stop, who wants the nonstop unnecessary violence to stop. It's not gun violence based off of drugs. Many of these crimes are no nonsense situations in which individuals are choosing to use weapons. Okay? So, we're sending a message to them. The superintendent wants to send that message. And this isn't about Durkin, this isn't about Kwame. This is about the individuals in my community that are tired of the violence and many of it is senseless violence. So, I'm voting 'yes' for this Bill. And I don't love the Bill because it's going to attack friends of mine, but what I'm saying with this Bill is we have to send a message, the Police Superintendent has to have the tools. It is not a omnibus solution to this crime and violence in my community, but I would encourage the Sponsor and many individuals on this side of the aisle is after we vote for this Bill join me in various Appropriations Committees to get the resources to my community that many of you all haven't supported for years. That is the true testament in which you're willing to solve it. Will Chicago State receive the funding that's received the university that educated African Americans? Will South Suburban College 10000057.docx 159  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 receive the funding for tech programs? That is… that is the key. I'll join you in turning it back, but will you join me in a true fight to stop violence? Thank you."

"Representative Lang in the Chair. Leader Durkin to close."

"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? Please record yourselves, Members. Mr. Clerk, please take the 10000057.docx 161  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 record. On this question, there are 70 voting 'yes', 41 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Leader Currie for a Motion."

"Thank you, Speaker, Members of the House. I move to suspend the posting requirements so that Senate Bill 446 can be heard in House Appropriations-Elementary & Secondary Education Committee; Senate Bill 321 in the Appropriations- General Services Committee; Senate Bill 1483 in House Elementary-Licensing; Senate Bill 1417 in Environment and also Senate Bill 1648 in Environment; Senate Bill 521 in Executive; Senate Bill 325 in Health Care Licenses; Senate Bills 1607, 1707, 1748, and House Resolution 418 in Human Services. In the Judiciary-Criminal Committee: Senate Bill 2021 and in House Transportation Regulation: House Joint Resolution 62. I believe that we've cleared this with the other side of the aisle."

"You've heard the Lady's Motion. Is there leave? Leave is granted. And… and these postings will proceed. Leader Currie has an additional Motion on Senate Bill 444."

"I move to suspend the posting requirements so that this Bill, Senate Bill 444, can be heard in the Cyber Security Committee."

"Mr. Anderson on the Motion."

"Those in favor of the Lady's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 66 10000057.docx 162  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 voting 'yes', 50 voting 'no'. And the Lady's Motion prevails. On page 29 of the Calendar, under the Order of Resolutions, there appears HR422, Leader Currie. Please proceed."

"Thank you, Speaker and Members of the House. The Governor has the authority under 1970 Constitution to propose reorganizations in the agencies over which he has control. The Governor has suggested merging the Illinois Department of Human Rights with the… with the Departments… the Human Rights Commission. And I oppose that Executive Order not because I think it may be a bad idea to try to find a way to bring efficiencies into the operations of our Human Rights agencies, but because I am fearful that the authority the Governor seeks may lead to a reduced level of due process and protections for people who had been victims of discrimination in employment and in other areas in the state. Currently, the Department of Human Rights, just like the Federal Equal Employment Opportunities Commission, serves as the factfinder, serves as the investigating arm, but the investigating arm just as with the police is not the adjudicator. It's not the place where judgement happens. That authority rests today with the Human Rights Commission and with the courts. That's what happens with the EEOC. They do the investigation. They try to encourage settlement if they think they can do that, but if the parties reject, the EEOC can take the issue to court. Currently, under our system, that's the way these two agencies work. I think it would be appalling if we were… if we merged the investigating arm with the adjudicatory arm. Nothing in this Executive Order says that that will not happen. My advice to the Governor, because 10000057.docx 163  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 we agree that there are terrible backlogs in the department. We agree that we need more efficiency. My advice to the Governor is, Governor, file a Bill. Show us how you will create efficiencies. Show us that our fears about merging the two important functions of investigation and adjudication will not, in fact, be merged. I urge the Members of this chamber to join me in rejecting and disapproving the Governor's Executive reorganization program. And I ask you to join, not just me, but also… also AFSCME, also the Illinois Bar Association, the Cook County Bar Association, the Trial Lawyers, the American Civil Liberties Union, EverThrive Illinois and… and others in opposing this measure. Again, there's a better way to do it. And I will work closely with the Governor and his people when he offers us the better opportunity, which is a Bill that fleshes out the kind of merger that he has in mind. I'm happy to answer your questions. I'd be grateful for your support for the Resolution."

"Mr. Andersson."

"Sponsor yields."

"Because there's no specificity in the Executive Order. There's no transparency. There's no accountability. Advocates, people who work with those who bring claims before the Department of Human Rights, have repeatedly asked the department and the commission for information about what 10000057.docx 164  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 their plans might be. Nobody has been able to tell anybody anything. My point, Representative, is that we would be happy to look at any proposal that would make for greater efficiency, would make sure that there are adequate resources in our Human Rights activities, but we want to see the specifics. We want to see how do you do it and at that point, we would be more than happy to work with you to see if there are ways that could save money and could make for greater efficiency in the operation of this system."

"Yeah. It… it doesn't say… it doesn't say, yes, we're going to… we're going to destroy the distinction between the investigatory and the adjudica… adjudicatory functions. It doesn't say that. It's just that it certainly is possible for that to happen under the Executive Order as proposed."

"As I say, there may be many different models that we could look at and we be happy to do that. But the basic concern that we protect due process rights for those people who are bringing complaints that we make sure that there is 10000057.docx 165  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 a distinction between the cop who does the investigation and the judge that tries the case. That distinction is key. That distinction is critical. Bring us a Bill, let us see how you would flesh out the merger between the department and the commission. We will be happy to work with you. We, too, are concerned about the backlog. We, too, are concerned about resources."

"But this is not the right way to go."

"Representative Bellock."

"Leader Currie to close."

"Thank you, Speaker, Members of the House. It is certainly not accurate to say that every other state does it differently from the way Illinois does it. Again, I welcome the opportunity to see what a new program would look like in the State of Illinois that is why I invite the Governor to introduce a Bill. And to the earlier point, yes, the Governor does have the authority to reorganize Code agencies under his control. Some have raised the question whether our Commission 10000057.docx 167  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 on Human Rights actually is that kind of agency, maybe he doesn't have the authority to do that as he offers it in this Executive Order. But there is no question that we have the authority to disapprove an Executive Order and that's what I ask my colleagues to do. Too much is at stake, too much is at risk. And there is nothing in this Executive Order that would guarantee the saving of a single penny or the reduction by a single case of the terrible backlogs we face. I urge your 'aye' vote."

"Those in favor of the Lady's Bill will vote 'yes'; and opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Mr. Clerk, please take the record. There are 66 voting 'yes', 48 voting 'no'. And the Resolution is adopted. Page 14 of the Calendar, Senate Bills- Second Reading, Senate Bill 1502, Mr. Turner. Please read the Bill."

"Please hold this Bill on the Order of Second Reading. Mr. Andersson is recognized."

"Thank you, Sir. Leader Turner on a Motion on Senate Bill 1502." 10000057.docx 168  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Thank you, Mr. Speaker. I'd like to Motion to move… move to deem the notes inapplicable."

"Mr. Andersson on the Motion."

"He will yield."

"What's the basis for the note?"

"Fiscal impact?"

"It's a state mandate note on it, as I understand it."

"Okay. The fiscal impact is there's no dollar estimate that can be provided."

"Yes. I'm attempting to deem that inapplicable."

"Those in favor of the Gentleman's Motion 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. DeLuca, McAsey, Phelps. Mr. Clerk, please take the record. On this question, there are 63 voting 'yes', 10000057.docx 169  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 48 voting 'no', 1 voting 'present'. And the Gentleman's Motion prevails and the note is… request is deemed inapplicable. Mr. Clerk."

"Third Reading. Please read the Bill."

"Mr. Turner."

"Thank you, again, Mr. Speaker. Members of the Body, happy to stand before you today to present Senate Bill 1502. Quite simply, Senate Bill 1502 creates the Illinois Right to Know Data Transparency and Privacy Protection Act which permits customers of online vendors and goods and services and more occupations to provide from such vendors what information the vendors collect, disseminate, and sell. Does two things specifically: an operator of a commercial website or online service that collects personally identifiable information through the Internet and customers who reside in Illinois who use the… who use or visits the website must, upon request, identify all the categories of personal information that the operator collects through the website or service about the individual customers who use or visit the website and accept the service and provide a description of the customer's rights as provided under the Act accompanied by one or more designated request addresses. Upon request by the customer, the operator who discloses a customer's personal information to a third party must provide to the customer for free the categories of personal information that are disclosed about a particular customer and the names of the third parties that 10000057.docx 170  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 received that customer's personal information within the past 12 months, all categories of personal information about the customers that were disclosed, the names of the third parties that received any of the customer's information. Such information must be provided within 30 days of the customer's request and the operator will not be required however to respond to a request made by that same customer more than once within the given 12-month period. We've made a lot of exemptions in this Bill. We've had 8 Amendments to this legislation over the course of the two Bills. There was an identical House version of this Bill that has a bunch of cosponsors on it. I'd be open to answer any questions around this legislation."

"Mr. Demmer."

"Sponsor yields."

"So, glad you asked the question, Representative. Section 35, waivers and voidable contracts. Both provisions go to the same issue. This is a disclosure statute or a statute where public policy dictates companies convey certain information to Illinois consumers. Many Illinois disclosure statutes like the Illinois Dating Referral Services Act, Illinois Physical Fitness Services, Illinois Dance Studio Act, Illinois Manley's Tenet Law, the Debt Management Service Act, Employment Contract Act, Credit Services Organization Act have this exact same language. This is because the whole 10000057.docx 172  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 purpose of the law is to convey information through written agreement and thus, allow citizens to make informed decisions. So, if the required information is not conveyed in attempts to waive this Act, undermine the protections offered by it in the first place. Voiding a contract does not give a consumer any additional rights beyond what they would already have under current law. This is does not create a private right of action at all. Moreover, this is a consumer protection Bill. The consumer deserves the right to void a contract if a company is not telling them that they are collecting and selling their personal information. If a company is collecting and selling a pers… a customer's personal information and a customer finds out about it that customer should have the ability to void that contract and stop paying for service in which the company has failed to disclose terms required by law in Illinois public policy."

"Representative, Floor Amendment #1… not Floor Amendment… but Amendment #1 that went through customer… the Consumer Protection Committee has a cure period of 15 days in there, as we discussed prior to the Amendment being made." 10000057.docx 173  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"No private right of action."

"Are you talking about the savings clause?"

"So, that… that language is in there to make sure that we're clear that it doesn't take away any… any existing rights under BIPA and the Civil Code of Procedure, but the private right of action language was one of the very first things negotiated out of this Bill. There were many Members on both sides of the aisle that had concerns about private right of action and we have… we have… we have been very thorough in making sure that no private right of action, whatsoever, is included in this legislation as we present it today."

"Nothing, as it pertains to a violation of the right of… the right… the right to know can… can be taken up by the private right of action. So, let me just tell you really quickly, Representative. It'll be one second. I'm sorry. So, House Bill… Senate Bill 1502 declares that any violation of a consumer's rights under this Act is a violation of the 10000057.docx 174  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 Consumer Fraud and Deceptive Business Practices Act and the Attorney General or the appropriate State's Attorneys Office will have sole enforcement authority under the provisions of the Act and may enforce violation of this Act as an unlawful practice."

"No. Well, excuse me, excuse me, Representative. For other pieces, but we're stating out and we're writing out in this legislation. We've written it right into the legislation. That as it pertains to the Right to Know… Right to Know Act that we're creating, there will be no private right of action. And only the Attorney General's Office or state's attorneys can bring arr… bring an action and discuss. We're very clear about that in the legislation."

"Another great question, Representative. So, you're right in mentioning that it's just categories that are collecting, that we're speaking about in terms of the data that's being collected that a company would have to disclose. First, it's important to note that California has been dealing with this in a similar law for over 10 years. Also, Europe and Canada have similar requirements already in place. And in 2018, U.S. companies doing business with European Citizens will have to comply with Europe's stricter version of this Bill for European Citizens. My quick response is there are few ways for companies to comply with the provision. According to Section 20, an operator may disclose personal information to a third party shall make the following information available to customers upon requests free of charge the categories, as you spoke about, and all categories of personal information. These are the two ways that they can disclose: present the categories or the categories of personal information about consumers that were disclosed and the names of the third parties that received the customer's personal information. If the company could identify the requesting customer, if they… for instance, if they… if they registered for an account with 10000057.docx 176  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 the company and they making a request through a web form only accessible when logged in to the account, the company could respond back with the categories that were disclosed about the specific customer. Facebook already does something like this. In instances like that, you don't have to give any more info than the comp… to the company than you have… than they already have. And there's an easy mechanism for verifying the user. If the company doesn't have a way to verify the user or the user doesn't know what info they collected about them, the company can make available information in accordance with subsection (2). They would just have to respond with the categories of information disclosed about customers and they could do this through a script on the phone, a canned response, an email, a popup box on their website that people can see after submitting the web form. If a company is really that concerned about having to retain more information for some reason, they can easily just automate a response in accordance with subsection (2). They can be proactive about it. It's simple. And in these instances, you wouldn't necessarily need to give over any additional information. So, a person's anonymity is being retained."

"No. And in those instances, that's where subsection (2) becomes so important where a company can just, right from the start, say, list the categories that they are collecting for all of… all of… on all of the consumers that they're doing business with as well as list all of the companies that they're disseminating this information to. A consumer wouldn't have to offer up any more information than they were… were using in the first place in those situations. So, that's 10000057.docx 178  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 why that was put in there to deal with specifically what you're talking about."

"Yeah."

"Yes, because the company on the frontend could put into… put in… set up a situation where they've disclosed to the consumer right from the start in one of the various ways that I've described on their website what information they collected before the request is even made. So, the anonymous portion has dealt with that."

"You're welcome."

"You're welcome."

"The Attorney General is the one that would make you… make the violation… would notify the company that they were in violation of…"

"If a company does not comply under Section… under Section 35 of it then the contract would be voidable at that point and then the person would… would not have to comply. It's not a private right of action though. The private right of action can only be brought and not… there is no private right of action that can be brought. The action can only be brought by the AG's Office or the state's attorney."

"Your request is acknowledged. We're moving to the two-minute timer. There are still six speakers who may have questions that Mr. Demmer hasn't asked yet. Mr. Evans is recognized."

"Question for the Sponsor?"

"Sponsor yields."

"Thank you. I'll be quick. Representative, thank you for your efforts on this very complex and important issue for our state. Representative Turner… Leader Turner, House Amendment 1 specifically exempts public utilities, alternative retail electric suppliers, alternative gas suppliers, and electric cooperatives. My question is, why did you not include electric generation companies in this list of exemptions? Thank you."

"So, let me be clear this Bill does not apply to electric generation companies and they are exempt. Senate Bill 1502 seeks to protect people's data privacy. And the Bill only applies to operators of websites or online services for commercial purposes. Electric generation companies generally sell their products in wholesale energy markets. They don't provide services directly to end users and definitely don't interact with the public the same way that a public utility or retail electric supplier interacts. I feel like the language is clear. The activity of generating electricity does not fall within the scope of Senate Bill 1502 based on the plain reading of the Bill. However, to avoid any ambiguity, I would state on the record that our legislative intent is for Senate Bill 1502 not to apply to electric 10000057.docx 182  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 generation companies. And if I may, to the previous speaker's points about the small businesses, I just want the Body to make sure they knew there's a small bus… small business exemption included in this language of this Bill. And this Bill would not require companies to maintain or do anything more than their… anything they're currently doing. In fact, companies don't have to change their business model or business practice at all. We're not addressing that. What we're doing is we're giving consumers the right to make a request upon these companies so that they know what information's being collected on them and who that information is being disseminated to. People are seriously concerned about privacy, seriously concerned about privacy, and the ones who don't want you to know as to what… about the information that's being collected and who they disseminate to are the ones that are actually…"

"Please complete your comment."

"…are the companies that are actually profiting from this data collecting and sharing this that's been going on. My biggest opponents have been billion dollar companies: Verizon, Google, Facebook, Uber, Lyft, Comcast, Microsoft, Apple. These are billion dollar corporations that profit specifically from privacy information in the sharing there of it. We don't want to stop businesses from being able to do anything that they're currently doing right now and this Bill will not do that. Whether it's the maintenance on the information that they're already collecting, however they're maintaining it now, there will be no extra burden put on them. This Bill would just strictly give consumers a right to know." 10000057.docx 183  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Mr. Fortner for two minutes."

"Sponsor yields."

"When does the action occur?"

"Upon request of the consumer, the company would have 30 days to respond."

"No. The consumer would be able to make the request one time during every 12-month period and a parent can also do it for their children but one time. One time and the company…"

"…has within 30 days to make a request."

"This doesn't obligate the company to do anything more than they're currently doing. Just the…"

"So, let's not confuse people. The year portion of it is as it pertains to how often the request can be made."

"If the data is being collected and a consumer makes the request about what data is currently being collected on them, not if they did it six months ago, just what is currently at that time being collected on them and what's being sold to…"

"Please complete your remarks, Sir."

"Mr. Wheeler." Wheeler, K.: "Thank you, Mr. Speaker. I move to move to Standard Debate, please?"

"Sure. The Bill is now on Standard Debate. Please proceed." Wheeler, K.: "Thank you, Mr. Speaker. Will the Sponsor yield?" 10000057.docx 185  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Absolutely." Wheeler, K.: "I'm grateful for that. Representative Turner…"

"Yes, Sir." Wheeler, K.: "…I am going to follow up a little bit on the previous speaker's questions only because this is… actually does make a difference in how a company would… would actually manage data. That's one of the things I do for a living, so I'm kind of tuned in to how this would actually work. So, when we talk about this, if I have interaction as of… on my company's website, and let's say that I'm having FedEx or UPS do my shipping for me, I'm thereby de factoing, sending another company 'cause they're going to ship the product for me on an automated basis that information. Okay? If my current policy right now is to destroy that data after 30 days, 'cause that's all the longer I need to hold that part of it for, what happens when the customer makes that request of me?"

"All the company would have to disclose is the categories not the specific information for each consumer that was being collected." Wheeler, K.: "But I don't have that information any longer because I've destroyed it."

"You don't have to have the information. You have to have… all you have to know and disclose… is the categories that you collect information on in your normal course of business of doing your basic privacy." Wheeler, K.: "But they can ask me questions back about who I sold the data to or who I transferred the data to?"

"You wouldn't… you wouldn't know who you sold the data to. You wouldn't have a record of who you sold the data to?" 10000057.docx 186  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 Wheeler, K.: "No, no. The question then becomes if I'm choosing UPS or FedEx as a vendor for my shipping based on a algorithm on my website, I may not have that record available to me at a later date and that's my question, is that some of these things may be harder to track than we're imagining just by default of… of the scenarios we always talk about which are the large companies."

"I'm sorry, are we talking categories or specific information, Representative? I'm sorry. Maybe I'm not understanding you." Wheeler, K.: "Well, I had to tell them what categories I'm going to track, but then I also have to divulge to the customer request to whom I gave their information, correct?"

"Yeah. So, is the question what companies you sold the information to?" Wheeler, K.: "No. My question is, the data that I have to store, you're requiring me to store something for a period of time that I may not otherwise store?"

"So, when I… the way I'm hearing and understanding is that your question is I'm requiring you to store specific information about consumers and that you may not have that information down the road?" Wheeler, K.: "Yes, correct."

"Right. Okay. And when I… my response to that is that you don't have to disclose what specific information you collected on a consumer under the category. What you have to disclose are the categories under which you collect data and who you're disseminating that information to." Wheeler, K.: "And who I'm disseminating that information to?" 10000057.docx 187  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"And who you're dissem…" Wheeler, K.: "Yes, that's the kicker part there."

"…what… what companies you disseminate things…" Wheeler, K.: "Right."

"…the information to." Wheeler, K.: "So, my point is if… if a company orders something from my website, Art, and then a year and a half later they say, hey, I want to check out and see what they did with that information. I'm getting these emails. I'm getting these things I don't want. Maybe it's because Wheeler's website is the one that gave this information away. And they call me up and say, hey, tell me who you're given that to. I go, I have no idea because that was a long time ago. I didn't have your record in my system anymore."

"Sure. And I understand what you're saying, Representative. First of all, it would only have to be for a year that the… the information that you collected." Wheeler, K.: "There's a statute of limitations of the data for one year?"

"For over a… that the… as far back as the company would have to go in terms of who they're disclosing that information to would be a year. And yes, if a company cannot disclose to the consumer who they gave that information to, who they sold their information to within the last year, that company would be in violation of this law." Wheeler, K.: "And that… that's my concern because that does make a company and the lawyer who's giving them guidance, tell them to take the extra step, keep that data for a longer period of time than they already do right now. So, there is 10000057.docx 188  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 an impact on how a data would organize their… how a company would organize their data and how they keep that intact."

"And I… I would argue that a person's privacy rights is more important than that." Wheeler, K.: "Okay. Then maybe… that's a value statement and I appreciate that."

"Sure." Wheeler, K.: "However, it does have an impact on how a company does business. So, we can't take it off the table, that… that it's just unilateral."

"You should… you should ask the people in your district what they think about privacy and who… how they feel about their information being sold and whether or not…" Wheeler, K.: "I'm… I'm… I'm not…"

"…they want that information sold…" Wheeler, K.: "I understand."

"…and who the company should keep it with." Wheeler, K.: "I'm just addressing a fact about the Bill."

"Sure, sure." Wheeler, K.: "I'm not saying that the Bill's wrong in the intent. Real quick here. I'm going to go to the fact that California has a similar situation. Why aren't we just adopting California's approach?"

"I'm sorry, Representative. I missed… I'm sorry." Wheeler, K.: "California has a similar situation with their data. Why… what… the very brief verses, I didn’t go to the Bill just a second."

"Yes, Sir. Is it the California law?" Wheeler, K.: "Why… why don't we just adopt it?" 10000057.docx 189  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Why didn't I… Because I wanted to adopt Right to Know." Wheeler, K.: "Okay. To the Bill then. Ladies and Gentlemen, the effect of this Bill, unfortunately… even the Sponsor has great intentions, oddly has virtually no upside and lots of downside. It doesn't offer the protections for consumers that I think the intentions are; therefore, unfortunately the backside is it's going to stifle…"

"Please complete your remarks, Sir." Wheeler, K.: "Thank you, Mr. Speaker. It will… has the effect of actually stifling innovation on business. You can't find a single business group that's for this Bill. It's bad for business. Bad especially for small business. Who don't have the full-time IT staff necessarily or a team of attorneys to make sure they're in compliance with all the things that this Bill unintentionally is going to give us. At this time I urge a 'no' vote. Thank you."

"Mr. Phelps."

"Thank you, Mr. Speaker. To the Bill. This… this Bill has all the best intentions for protecting consumers, but it really does fall short. If you did… look at the poll, 76 percent of the Illinoisans opposed this initiative. We always talk… we're… I hear a lot of talk on both sides of the aisle about… we talk about the big tech businesses like Uber, Apple, Lyft, Facebook, Google, Amazon, Comcast. I can go on and on, but the reality of this Bill would affect every single business with 11 or more employees. We… the Sponsor talked about the exemption, but that's for 10 or fewer employees. So, I'm worried about my small businesses. We're all trying to land these big tech jobs in our area. Heck, I'm trying to 10000057.docx 190  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 land any job that come to my area, but this is not going to help my case. The websites and our apps are already under strict, FCC privacy enforcement. Privacy protection, I think, should continue at the federal level to make sure there will be an even playing field. The Sponsor knows that I have most respect from him than anybody in the General Assembly and he's a great friend of mine. But I… I do want to… I do have some concerns about his Bill and I'll be voting 'no'. And I hope you do as well."

"Under the rules of Standard Debate, we have already had three in opposition. Representative Ammons, do you stand in favor of the Bill? Please… please proceed."

"Thank you, Mr. Speaker. Would the Sponsor yield?"

"Sponsor yields."

"Thank you. Representative, does your Bill require expressed authority from a consumer to collect their data?"

"So, the Bill… the Bill doesn't change anything that companies are currently doing. The consumer… it just allows the consumer to make a request upon that company what data is being collected on them and who's that data being disseminated to, sold, shared with, et cetera."

"Does it bar telecommunications companies, video or service providers or any other ISP from collecting personal data and information without consent?"

"Not at all."

"Does your Bill require expressed or affirmative permission before they collect that information?"

"Not at all." 10000057.docx 191  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Does it impose any kind of surcharge at all for collecting that information?"

"No, Ma'am."

"To the Bill. This is a good consumer protection Bill and I'll tell you why. Because as with many things we are experiencing as a result of President 45, there is a consistent rollback that our great colleagues on the right are supporting. The rollback of privacy provisions for people across the board including the right to know in customer protection of their information expressly over the Internet. Now, we do know that companies are selling your private information and they're making money off of it. They're selling it for many reasons, and this Bill, although I would love to see stronger provisions in this Bill, this Bill does nothing to stop them from selling your private information. And I would like to just point the Body to a survey that was asked in one of the speakers today. Sixty-five percent of Americans lack confidence that their personal information is private and safe from distribution without their knowledge. Sixty-five percent of Americans want their information to be protected, not the Verizons or the AT&Ts of the world to be protected, but that their information, their personal files and data be protected. This Bill takes us one step closer to digital privacy protections. And I'll just say in closing that the Federal Communication Commission under the Trump administration has taken great provisions to roll back not only these kind of privacy Acts but to ensure that companies can run rampant of which many of our colleagues support, the explanation today that companies are going to do bad if we 10000057.docx 192  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 protect consumer protections that doesn't actually make sense. So, with this Bill, I ask for you all to support it because it is one step… one step, a small step towards digital privacy that is not only necessary, but it is a must in 21st century business practices. And I urge an 'aye' vote."

"Under the rules of Standard Debate, we've already had three on each side. Mr. Turner to close."

"Thank you, Mr. Speaker, Members of the Body. Thank you for all of the question, the discussion and all of the hard work put into this Bill over the course of this year. This is about privacy over profits for me, privacy over profits, people, right to know. The Bill seeks to protect Illinois citizens' privacy and promote online transparency. We are not attempting to stop businesses from doing anything that they are currently doing. Business and data collection has made life easier in some aspects where efficiencies can be put into place, but data can also be used for other nefarious reasons. Personal information has been collected online and has been used in certain cases to discriminate against vulnerable people, online and personal information has been used to price insurance or verify loans. And when you talk to people about privacy and where their priorities lay on privacy, when polled: do you approve or disapprove of corporations collecting, sharing or selling your personal information such as your Social Security number, credit card number, race, religion, gender, or location without your knowledge, 94 percent of the people polled disapprove of it. They don't want you sharing their information. They… they… or at least would like to know about it. When polled if a 10000057.docx 193  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 corporation's website offers you the opportunity to request the names of the companies that were obtained… obtaining your personal information such as your Social Security number, credit card, race, religion, gender, or location, would you request the name of those companies? Eighty percent… more than 80 percent of the people polled said yes they will want to know this information. Sure, I'm up against a lot of giants in this situation, but the supporters are there. When moving through committee with this Bill, we had over 1200 witness slips, everyday people, weighing in on this privacy issue and saying that they wanted Illinois to take action and protect their privacy rights. I'm very thankful to the Cook County Sherriff's Office and Tom Dart bringing me this legislation in his attempt to deal with public safety and consumer rights. The Electronic Frontier Foundation, the Center for Democracy and Technology, the ACLU, the Illinois… the Illinois Consumer Federation of America, all of these nonprofits, all representing people who want their privacy rights protected. This is a very important issue and many of your constituents are watching. I would argue that for many of the residents… Representatives on both sides of the aisle, if you talk to people in your district about privacy and privacy rights, they would want you to protect their privacy rights and give them all the tools necessary to make sure they can make an informed decision on who they'd like to do business with. We made a lot of Amendments to this Bill. We've made a lot of concessions. We've tried to be as accommodating as possible. We removed any sort of sense of gotcha legislation in this Bill and removed all of the private right of action. This is 10000057.docx 194  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 about consumers and giving them the option to make this request upon companies. I'd ask for an 'aye' vote."

"Gentleman moves for the passage of the Bill. Mr. Demmer has asked for a verification. Members will vote their own switches. 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. Walsh, Sims, Martwick, Jones, DeLuca. Please record yourselves. Mr. Clerk, please take the record. On this question, there are 55 voting 'yes', 49 voting 'no', 3 voting 'present'. And the Gentleman moves for Postponed Consideration. Chair recognizes Mr. Ford. For what reason do you rise, Sir?"

"Mr. Speaker, a point of personal privilege."

"Please proceed, Sir."

"There is sunshine and there is happiness. I would like to introduce my Page… our Page. He's a Georgetown rising sophomore, Justice Pugh. Please stand and please welcome Justice Pugh to the House of Representatives."

"Welcome. Thank you for joining us today. Leader Durkin is recognized."

"Please proceed, Sir."

"Well, that's good 'cause that's what we're going to do, Sir. Mr. Ford… Mr. Jones is recognized on a Motion. 10000057.docx 195  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 Please take the Motion out of the record. House Bill 3259, Representative Wallace. Please read the Bill."

"Representative Wallace."

"Thank you, Mr. Speaker. I rise to present House Bill 3259, which is a Bill that rights a wrong. It makes sure that 18 million… $18.6 million goes to the Domestic Violence Shelters throughout the State of Illinois restoring their funding for fiscal year '17. This has been an intense labor, a labor of love, a labor of commitment of advocates and a shining example of what happens when we focus on the issue and focus on the citizens who are impacted by the issue, as evidence by over 80 people in this chamber from both sides of the aisle cosponsoring this legislation including Leaders Durkin and Bellock. I want to say thank you to those who have signed on and I encourage everyone in the chamber to please register an 'aye' vote so that we can restore funding to Domestic Violence Shelters in the State of Illinois."

"Mr. Andersson."

"Sponsor yields."

"I'm here."

"It was not funded to this level, correct. That is absolutely correct."

"Thank you so much, Leader."

"Representative Bellock."

"Representative Wallace to close."

"Thank you, Mr. Speaker and to the Members of this chamber. This Bill is so intensely personal to me as I have often… or at least on three occasions shared my own story of survival. I also am asking that as we consider the domestic violence funding here today that some of you join us tomorrow for a subject matter hearing regarding measures to address the root causes of the violence that we just had a very thorough debate on regarding or in reference to Senate Bill 1722. Domestic Violence Shelters provide a unique opportunity to intervene in the trauma that we see in so many communities throughout the State of Illinois. And there are a number of us proposing additional interventions to impact the trauma that individuals are exposed to. It was mentioned earlier that the City of Rockford has had a large spike in violence and that is absolutely true. And one-third of that violence is related to domestic violence and part of that is definitely related to gun violence. So, I appreciate everyone who was here and willing to take a 'yes' vote today, but I hope that you understand given the debate on the previous gun violence Bill and given the urgency of the lives of the citizens of the State of Illinois that we also have to do things to 10000057.docx 198  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 address other forms of violence. And so, I invite you to Room 114 tomorrow at 9 a.m. to talk about services that can impact the root causes. Again, I encourage an 'aye' vote. And I thank every single Member on both sides of the aisle who is willing to support this Bill today. Thank you so much."

"Those in favor of the Lady's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Kelly Burke, Jones. Mr. Clerk, please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Page 14 of the Calendar, Senate Bill 1446, Mr. Harris. Please read the Bill."

"Mr. Harris." Harris, G.: "Mr. Speaker, I move that the note be held inapplicable."

"Mr. Andersson."

"Those in favor of the Gentleman's Motion 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. The switches haven't moved. Please record yourselves. Mr. Clerk, please take the record. On this question, there are 64 voting 'yes', 48 voting 'no'. And the 10000057.docx 199  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 Gentleman's Motion prevails and the note request is held inapplicable. Mr. Clerk."

"Third Reading. Please read the Bill."

"Mr. Harris." Harris, G.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This legislation would make a change in the Procurement Code of the State of Illinois to tighten a loophole that has come to our attention that would… that is allowing a $9 billion procurement, one of the largest single procurements in Illinois state history, to occur as a purchase of care outside the regular procurement process with independent oversight as opposed to, you know, virtually every other type of state contract. Now, it has been said that purchases of napkins and paper by the state are given more scrutiny than this $9 billion procurement. And the procurement I'm referring to is the RFP for the new Medicaid managed care proposal. This would move over 80 percent of Medicaid members into managed care and it is being done without adequate scrutiny. We need to be sure that as a procurement of this size moves along that every step of the process is done with transparency, to avoid conflicts of interest, to be sure that those who design, evaluate, review and then score the procurement documents have no conflicts of interest, that they are subject to all appropriate revolving door provisions of the Procurement Code. And I know that the… some folks will get up and say that there are many procurements of this type 10000057.docx 200  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 for managed care that have been done as a purchase of care over the period of history and that is correct. Starting when managed care was a very small program this was done as a purchase of care contract. Now, though, as the Members of the General Assembly when $9 billion of tax money are going to be given out to private corporations we need to be absolutely sure that, you know, every member of the public has the assurance that there is transparency, there is accountability in the process. If you look at the fiscal note that was filed on the Bill, you will see that there are over $27 billion of obligations of the state that have been handled already in our history as purchases of care. This is 26 billion… almost $27 billion of tax money that has been spent and obligated without the independent review of an independent purchasing officer. It is… frankly, Ladies and Gentlemen, it's shocking that we've let this go on so long and I'll be the first to say it that the last procurements, the last purchases of care should have been done the right way. This… we certainly need to be sure that the current procurement goes the right way. We've seen recently just what has gone wrong in procurements of various leases. Yeah, different warehouse leases, the Barney's Furniture Store, these deals are being made. These are for small amounts, but if these… this kind of lack of oversight is going on in contracts worth 750 thousand or a million dollars, I think it is incumbent on us and particularly in this time to assure the people of the State of Illinois that a contract worth $9 billion is free from any possible view that it has been done other than by the most strict and transparent standards. So, Ladies and Gentlemen, 10000057.docx 201  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 I urge you to think about this. I urge you to make sure that the largest procurement in Illinois history is done by the book, that any possible charge of conflict of interest is removed, that it is done independently, and that it follows the strictest standards not the least strict standards of our Procurement Code."

"Representative Bellock."

"Sponsor yields."

"Representative Bellock, can you bring your remarks to a close?"

"Mr. Breen."

"Plenty of hands. We'll move to Standard Debate. You have five minutes."

"Sponsor yields."

"Mr. Demmer. Oh, by the way, your verification request is acknowledged, Sir. Mr. Demmer. Now you can't make the Motion."

"Sponsor yields."

"Can you bring your remarks to a close?" 10000057.docx 209  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"Representative Willis."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor will be happy to yield."

"Mr. Harris, we've heard from people on the other side that this was a fast-moving mechanism on your end, but I know I was involved in this and very concerned pretty much from the time that the RFP was first issued. The Latino Caucus had some major concerns on the guidelines that went through with this RFP. Are you familiar with when that took place?" 10000057.docx 210  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 Harris, G.: "Yes, I am."

"And that was, I believe, like mid-March, just a couple of weeks after the initial RFP was put in?" Harris, G.: "I… I think, Representative, a lot of us as soon as we became aware of this RFP got concerned simply because of the dollar volume of it that it would be the li… $9 billion of tax money, the largest procurement in Illinois history possibly. And as we became more and more aware of the process by which this had moved forward, the more and more concerned the Latino Caucus and others were about the transparency and the criteria developed and how this was going to be awarded. So, yes, a lot of us do want this process to slow down. We want it to be done through an independent procurement officer process to take away all questions of, you know, potential issues with this procurement."

"Right. And not only is the size of the contract a concern to many people, the scope of what it's trying to do, going from 13 MCOs down to 7. With that being written, I think we have very much concerns on who was going to be able to bid. Were we going to take some very good MCOs that were very active and beneficiary to certain communities and by the guidelines of the RFP not be able to allow them to actually bid. And… am I correct that that was also one of the major concerns that came through?" Harris, G.: "Yes, that was one and there is another major concern, Representative, that's not been brought up yet. And that is, the potential conflict with existing State Law that would prohibit this RFP in its entirety and that is the law that init… that was enacted expanding managed care enrollment that 10000057.docx 211  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 says managed care enrollment beyond the 30 counties designated as of June 1 of 2014 for persons whose Medicaid eligibility is not the seniors or persons with disability population until HFS provides an opportunity for accountable care entities that existed in newly designated counties. And if you remember, one of the first actions in the HFS Department upon taking control was to eliminate the accountable care entities so there could be a fatal flaw just in conflict with existing State Law."

"Along those same lines, if this goes through, we could have people that could have some difficulty with, in essence, the continuity of care. If the MCO that they were originally using no longer is going to be their primary care provider and now, they may have to switch physicians, hospitals, whatever it may be, midterm and… or in the middle of a health situation. Is that not also correct?" Harris, G.: "Yes."

"Okay. We also have the issue that this could be something that with the size of this or the scope of this procurement process a lot of transparency issues are of concern to hear." Harris, G.: "Very much so."

"And we know that we were… So, I'm going to go to the time frame that this went in. So, the RFP was issued at the end of February. Mid-March we had various caucus Members very concerned and they sent a letter to the Governor about their concerns asking to slow down to reconsider. And then if I recall right, it was probably mid-April that we had a Human Ser… maybe at the end of April that we had a Human Services subject matter hearing on it. One that went quite long, was 10000057.docx 212  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 quite frustrating because we were getting the runaround on the answers on where this was going. So, this is not something that we just threw in, as some of my colleagues on the other side of the aisle would say, at the last hour. This is something that we have been building towards hoping to rectify without actually having to go through legislative content… intent. Is that not correct?" Harris, G.: "Yes."

"Okay. To the Bill. We have just passed a major procurement reform. This needs to be included in that. We do not need to take steps backwards on our procurement reform. This is something we want to concede that we have the best case of transpar…"

"Please bring your remarks to a close."

"Will do that. A best place of having transparency in this. This procurement that went through by avoiding Procurement Code is in not my estimation a step backwards. We need to go forward not backwards. I urge an 'aye' vote on this. Thank you."

"Representative Manley."

"Will the Sponsor yield?"

"Sponsor yields."

"Representative Harris, when I go back to district and I tell people about this legislation and they're going to ask me, why is it more important that we go through a procurement… through the Procurement Code rather than the way we're doing it now? Why is it essential to the citizens in Illinois?" Harris, G.: "Because we're talking about $9 billion of their tax money that will be spent outside of a standard procurement 10000057.docx 213  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 process for four years. We need to know that there is transparency. That the criteria for the RFP, the evaluators, the selection process and the awarding are all of the highest caliber. We apply this to almost every other purchase in the state, but why we don't apply this to a $9 billion purchase is beyond me."

"It… it makes no sense. We talk about transparency and we talk about trying to save money and doing things better, smarter, more efficiently. This only… it just makes sense to me. And so, I don't understand the opposition to this. Where is that coming from? I've been fooled today about these… these pieces of legislation that have been basically no-brainers. Making sure we spend taxpayer money the right way by going through a procedure that requires transparency and certain criteria just seems to be the right way to go. And so, I thank you for bringing this legislation and I support the Bill. Thank you."

"Representative Jesiel."

"Representative Bellock."

"Mr. Harris to close." Harris, G.: "Well, thank you, Ladies and Gentlemen. So, to recap the, you know, the discussion and the problems with this Bill. 10000057.docx 215  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 One is just because we made mistakes and let things get out of hand in the past with using purchase of care for multibillion dollar contracts, does not absolve it that the Legislature from correcting that mistake today. We're talking about one of the largest single procurements Illinois will ever make. It should be subject to the strictest standards that Illinois can apply to it. We need to keep in mind that there is a potential conflict with State Law that will render this entire process void. We need to remind ourselves that the ACLU has already written to the Department of Health Care and Family Services saying that because of the construction of the RFP and the contract language this particular procurement could devastate reproductive rights for all women on the Medicaid program in the State of Illinois. And if those were not enough reasons, Ladies and Gentlemen, to slow down a process that we are going to be obligated to for $9 billion a year for several years to come, just pull up on your screen in front of you the part is… the procurement of contracts and leases for the Barney's Furniture Store. And Representative Manley said, how will I go and explain this back home? I'll show them how the state does, you know, leasing out warehouses and ask if they want to use the same kind of process spending $9 billion of their tax money. I'd ask for an 'aye' vote."

"Reminder to the Members, Representative Breen has asked for a verification. Members will vote their own switches. 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? Please record yourselves. Jones. Mr. Clerk, please take the record. 10000057.docx 216  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017 On this question, there are 65 voting 'yes', 46 voting 'no'. And Mr. Breen has asked for a verification. Do you persist, Sir? Thumbs up or thumbs down will do, Sir. Gentleman persists in his verification request. Mr. Clerk, please read the affirmative."

"Excuse me, Mr. Clerk. Mr. Breen withdraws his verification request. There are 65 voting 'yes', 46 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On House Supplemental Calendar #1, House Bills-Second Reading, there appears House Bill 2877, Mr. Hoffman. Please read the Bill."

"Please hold this Bill on the Order of Second Reading. House Bill 3871, Mr. Martwick. Please read the Bill."

"Please hold this Bill on the Order of Second Reading. House Bill 4025, Representative Lilly. Please read the Bill."

"Please hold this Bill on the Order of Second Reading. On the Order of Senate Bills-Second Reading, Senate Bill 1451, Mr. Phelps. Please read the Bill."

"Please hold this Bill on the Order of Second Reading. The Chair recognizes Mr. Demmer. For what reason do you rise, Sir?"

"Thank you, Sir. Page 6 of the Calendar, Senate Bill 1399, Mr. Sims. Please read the Bill."

"This is on… there's a Floor Amendment, Mr. Clerk. Please move the Bill to the Order of Second Reading and read the Bill."

"Mr. Sims."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Floor Amendment #1 represents a Juvenile Drug Court Act regarding the electronic monitoring and limits placed on the application of electronic monitoring for juveniles."

"Those in favor of the Amendment…"

"Ask for its adoption."

"…say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Mr. Sims."

"Thank… thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1399 amends the Juvenile… Juvenile Drug Court Treatment Act to permit drug court to establish a program for electronic monitoring of juveniles with regard to drug and alcohol related offenses, subject to the approval by the chief judge of a Circuit Court. I know of no opposition. And ask for its favorable Roll Call."

"Mr. Breen."

"Sponsor yields."

"That is borne by… it is borne by the… by the state, I believe."

"That is correct."

"That's correct."

"Any… any offense covered by the… by the drug… by juvenile drug court."

"The… the perspective and the… the idea is to make sure that we are identifying the least restrictive measures possible to give a… to give to juveniles. So, that's… that's the purpose of the… of the Bill."

"If they… if they are under the Juvenile Court Act and they would be… their… they have electronic monitoring. They'll be going… going home unless they are in a foster care setting." 10000057.docx 220  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/29/2017

"They would go or they will go through a juvenile… juvenile detention center."

"That… that would be the… absolutely my perspective. I think that would be a… a least restrictive of… a least restrictive alternative to incarcerating these individuals, putting them back in… making them stay home within the care of their parents. And they can then get treatment."

"Thank you, Representative."

"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? Please record yourselves. Nekritz. Please take the record. On this question, there are 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Agreed Resolutions. There are none. So, that was an easy thing. Mr. Clerk, committee announcements."

"And now, leaving perfunctory time for the Clerk, Leader Currie moves that the House stand adjourned 'til Tuesday, May 30 at the hour of 10 a.m. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And this House stands adjourned."