Illinois House Floor Debate — April 20, 2023

"The House will be in order. Members will be in their chairs. We shall be led in prayer today by Wayne Padget, the Assistant Doorkeeper. Members and guests are asked to refrain from starting their laptops, turn off all cell phones, and rise for the invocation and Pledge of Allegiance. Mr. Padget."

"With that, we will be led in the Pledge of Allegiance today by Representative Reick."

Speaker Manley: "Roll Call for Attendance. Leader Mah is recognized to report any excused absences on the Democratic side of the aisle."

"Madam Speaker, let the record show that Representatives Cassidy, Crespo, Will Davis, and Jones are excused today."

"Leader Keicher to report any excused absences on the Republican side of the aisle." 10300034.docx 1  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023

"Have all recorded themselves who wish? Mr. Clerk, please take the record. There being 107 Members answering the roll call, a quorum is present. Mr. Clerk, Committee Reports."

"Chair recognizes Representative Walsh. For what reason do you seek recognition?"

"Thank you, Madam Speaker. A point of personal privilege, please."

"Please proceed."

"Thank you. Ladies and Gentlemen of the House, if I could have your attention. To the Speaker's Gallery today, we have about 35 students from Joliet Central and Joliet West High School. They're part of the Rho Kappa program within there, and they're down here to see how State Government works today. They were brought down by their administrators, Miss Luangsomkham, Duranty, and Fike. And I'd like to welcome them to Springfield and join me in giving them a warm Springfield welcome."

"Welcome to Springfield, Steelmen and Tigers. Chair recognizes Representative Moylan. For what reason do you seek recognition?"

"Ladies and Gentlemen, we have a special announcement, hot off the wires."

"Please proceed." 10300034.docx 3  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023

"The softball game, the House versus Senate, is May 2, 5 p.m. sharp. And next week please bring some equipment so we can practice 'cause it's very important that we keep our tradition of pounding the Senate, beating them into submission. The House rules."

"Well done, Representative. The Chair recognizes Representative Caulkins. For what reason do you seek recognition?"

"Please proceed."

Speaker Manley: "Welcome to Springfield. Chair recognizes Representative Davidsmeyer. For what reason do you seek recognition?"

"Please proceed."

"Happy birthday. On page 2 of the Calendar, under House Bills on Second Reading, House Bill 3699, Representative Lilly. Mr. Clerk, please read the Bill."

"Representative Lilly on Floor Amendment 1."

"Thank you, Madam Speaker. The Amendment allows the Bill to be an agreed Bill. We accepted the language of the Department of Health and Family Services."

"Representative Lilly moves for the adoption of Floor Amendment 1 to House Bill 3699. All those in favor say 'aye'; opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Mr. Clerk, please read the Bill."

"Chair recognizes Representative Lilly."

"Thank you, again, Madam Speaker. House Bill 3699 is actually a family Bill. It allows us, the State of Illinois, to support the families who are struggling. It amends the Department of Employment Security law, directs the Department 10300034.docx 5  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023 of Employment Security to work hand in hand with the Department of Health and Family Service to identify employment opportunities in the state for persons and families who are in the arrears of child support. It allows us to be a partner in making sure our families are gaining economic opportunities to support their family. I ask for your 'aye' vote."

"Chair recognizes Leader Windhorst."

"She indicates she will."

"That is, and there's some more ideas that the department has that we may address actually in the Senate."

"That is correct."

"Representative Lilly to close."

"I ask for each of us to support the families of Illinois, for an 'aye' vote."

"The question is, 'Shall House Bill 3699 pass?' All those in favor vote 'aye'; 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 this question, there are 107 voting in 'favor', 0 'opposed', 0 'present'. This Bill, having received a 10300034.docx 6  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023 Constitutional Majority, is hereby declared passed. On page 2 of the Calendar, Third Reading, House Bill 1526. Mr. Clerk, please read the Bill. Mr. Clerk, please put this Bill back on Second Reading. Representative Harper is recognized on Floor Amendment 1 to House Bill 1526."

"Thank you, Madam Speaker. I move for the adoption of House Floor Amendment 1 to House Bill 1526, which simply moves the administration of the program to the Department of Human Services and gives DNR the administration of the advisory committee."

"Representative Harper moves for the adoption of Floor Amendment 1 to House Bill 1526. All in favor say 'aye'; opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Mr. Clerk, please read the Bill."

"Representative Harper."

"Thank you, Madam Speaker. I'm pleased to present House Bill 1526, which would create an outdoor prescription program to fund grants… to fund grants to organizations that provide outdoor ecological or other environment-based therapy programing within the state. I encourage an 'aye' vote."

"Chair recognizes Leader Windhorst."

"She indicates that she will." 10300034.docx 7  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023

"Yes. They expressed the opinion that they would like to be involved, and that's why we changed the administration of the advisory committee to them, because they felt like they had more expertise to help to administer the program."

"No, we do not."

"This Bill is subject to appropriation."

"Representative Harper to close."

"I encourage an 'aye' vote."

"The question is, 'Shall House Bill 1526 pass?' All in favor vote 'aye'; opposed vote 'nay'. And the voting's 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 102 voting in 'favor', 3 voting 'opposed', 0 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Page 3 of the Calendar, Bills on Third Reading. House Bill 3892, Representative Harper."

"Representative Harper."

"Thank you, Madam Speaker. House Bill 3892 stipulates that the Department… Illinois Housing Development Authority may develop a program that provides incentives for the 10300034.docx 8  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023 development of affordable housing projects that incorporate urban and suburban gardening programs. This Bill is subject to appropriation, and I encourage an 'aye' vote."

"Chair recognizes Representative Meier."

"She indicates that she will."

"That should not be in the Bill."

"It is not my will for the Illinois Housing Development Authority to necessarily pay for the garden tools, but that should be the onus is put on the developers of the housing."

"The private developers, yeah. Not the state."

"Chair recognizes Leader Windhorst."

"Thank you. Representative Harper to close.

"I encourage an 'aye' vote."

"The question is, 'Shall House Bill 3892 pass?' All in favor vote 'aye'; opposed vote 'nay'. And 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 73 voting in 'favor', 31 voting 'opposed', 0 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Page 2 of the Calendar, House Bill 1527. Mr. Clerk, please read the Bill. Mr. Clerk, return House Bill 1527 to Second Reading. Leader Mah on the Amendment."

"I move for the adoption of Floor Amendment #2."

"Could you give us a little something, something there?"

"I'm sorry. This was language requested by the Community Bankers regarding the Bill. Thanks."

"Leader Mah moves for the adoption of Floor Amendment 2 to House Bill 1527. All those in favor say 'aye'; opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Mr. Clerk, please read the Bill."

"Leader Mah."

"Thank you, Madam Speaker. House Bill 1527 is an initiative of Legal Action Chicago and the Cook County Sheriff's Office. What the Bill does is it limits the use of kill switches by car dealers and predatory lenders. And these are devices that have been used for a debt collection. So, the Bill would limit their use for a debt collection. These are switches that allow an automobile to be disabled remotely if a person is late paying their… their auto loans. And there's some privacy concerns as well as some issues with the tendency for those experiencing the effects of these kill switches to be mainly low-income populations, women, immigrants, people of color. And so, the Bill would limit their ability to be used in debt collection so that people are stranded unnecessarily when, you know, they should be able to use their automobile. And I urge an 'aye' vote."

"Chair recognizes Representative Weber."

"She indicates she will."

"No, it doesn't. It just addresses one of their concerns."

"Yes, we have met and I listened to all their issues."

"Yes, I do remember those conversations. And the issue is that there is currently a process in place whereby, if a lender wishes to repossess the car, there is a process in place. And these devices allow for that process to be bypassed. And in addition, drivers do not lose the ability to use their vehicle to go to work and do what's needed to obtain payment for their loans."

"To the Bill."

"Chair recognizes Representative Davidsmeyer."

"To the Bill."

"Chair recognizes Representative DeLuca."

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

"She indicates that she will."

"Thank you. Leader Mah, we just chatted about this a couple minutes ago. I didn't expect it on the board this quickly. Under current law, are there some type of notifications that have to take place, certified mail? How much notice does a person get before the vehicle is just shut off?"

"So, currently State Law has a process for when people are late on their payments. And lenders can either repossess the car, which, you know, is not instantaneous. It doesn't work like a kill switch. And then lenders can also file lawsuit to recover the money. But the point is that there is a process in place, and it is detailed and it took time to agree on that process. And I believe one of the reasons that the Cook County Sheriff's Office is in support of this initiative is 10300034.docx 14  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023 that they believe that this process should not be bypassed through the use of these kill switches."

"The purpose of my question is I just want to be sure that there's currently a process in place that an individual who would be faced with this has received proper notification, and plenty of notification, before it would get to a point where their car was disabled. So, our… I'm not sure if you answered that, but can you please try that again, whether there's an actual process that must be met, notifications that must be met so that the person is not caught by surprise, that they know that this could happen?"

"Yes. I believe that there is notification when one is delinquent on one's loan payment and is facing repossession."

"Do you know how many notices they must receive?"

"I'm not aware."

"Now, proof of… proof of notification, do you know what it is under current law?"

"We can… we can look that up and get back to you."

"Well, it's an important… it's an important question to have answered, if… if someone might be able to find that out. Because if under current law there's not proper notification, I might view this differently. If there's plenty of notification and no one is caught by surprise, and they know well in advance that this could happen to them and they still ignore it, then it could be a different situation. Thank you for answering."

"The Chair recognizes Representative Caulkins."

"She indicates she will." 10300034.docx 15  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023

"There is a process in place, as I mentioned, for lenders to begin the process of repossessing a vehicle or filing a lawsuit to recover the funds. In addition, lenders currently impose much higher interest rates on these loans. And, you know, from my understanding, that's been how these loans have been available to those in a position to… have to go through these lenders."

"And they can file lawsuit to recover the funds."

"I'm not aware of those details."

"But… no. I believe that that answer is no. And… but with the use of kill switches, they can happen anywhere, including at the grocery store, in a theater. And there have been 10300034.docx 16  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023 documented cases in which this has happened with moving vehicles."

"I believe that is the intention, but I have read reports in which someone has experienced their vehicle being disabled while it was in motion."

"If… if you were in a vehicle that was being disabled while you were driving it…"

"…would you pick up the phone and that would be your way of…"

"…dealing with that?"

"I believe it's also challenging for an individual to pay their bill if their vehicle is disabled and they're not able to go to work and…"

"I… I believe that the point is that many individuals find themselves in situations of an emergency, and they don't have access to their vehicle. If you are, you know, having to go to the emergency room and you have to contact someone or obtain a code, you know, which they're reports about the ineffectiveness of these codes sometimes, you know, that's a… that's a burden that falls on a particular set of individuals, which really shouldn't be the case."

"To the Bill."

"Leader Hammond, do you wish to speak on this Bill? Chair recognizes Rep… Leader Windhorst."

Speaker Manley: "Representative Windhorst has requested a verification. All Members are to be in their chairs and vote their own switches. Chair recognizes Representative Guzzardi."

"Thank you, Madam Speaker. Question of the Sponsor."

"She will yield for your question."

"Representative Mah, thank you for presenting this measure. Can you… there's been some discussion today on the floor about how your proposed legislation might negatively impact individuals. Can you maybe start by speaking about how the current system with these kill switches is harming consumers in Illinois?"

"Can you repeat the last part of the question?"

"How the current system is harming drivers and consumers in the State of Illinois."

"Right. So, with the existence of kill switches currently, you know, you can have an individual who has no other choice but to purchase a vehicle with these kill switches attached because of their low credit rating or lack of a credit rating. And so, you know, the individuals that are affected tend to 10300034.docx 19  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023 be low-income individuals, women, single moms, formerly incarcerated folks, new immigrants, those without a strong credit score to obtain a conventional loan. And so, you know, these are the individuals that are disproportionately affected by the use of these kill switches. It means that their privacy is invaded because, in order for them to work, somebody in a remote location knows exactly where you are. You know, whether you're at school or, you know, at a bar or at the hospital or grocery store. And, you know, so there… there are privacy concerns that, you know, really are concerning to… should be concerning to everyone."

"Sure. And you mentioned that credit score is a determining factor in whether someone might wind up with one of these kill switches on their vehicle or not. Do you… I don't know if you have this data at your fingertips, but do you have any data describing the correlation between credit score and racial background? Like, are credit scores evenly distributed across all racial categories? Or are there perhaps some disparities among credit scores?"

"I… I don't have the exact numbers, but, you know, I think it's pretty clear from the data that does exists that, you know, people of color tend to disproportionately fall on the lower end of the credit score."

"Right. And… and maybe just describe for the Body the… like the lived experience, if you would, of someone who has their vehicle disabled by this kill switch. What… what's happening? So, I'm… I own a car. I parked my car. I go to the grocery store. It's get disabled remotely. What do I do? What happens to me then?" 10300034.docx 20  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023

"Right. It's a humiliating and terrifying experience in a lot of cases. You… you lose control of what you're able to do. And so, the manufacturer has said that, you know, in most cases, there's a number to call and a way to negotiate. But, you know, I… I've also read reports in which those numbers don't work or the codes that are… that are provided to enable the car to run again, you know, don't work. So, there's no guarantee that you will have the ability to regain possession of your car. And there are also stories about cars that have been disabled that have remained in a driveway for years and years."

"And… and let's talk about, like, the instance in which someone is facing an emergency, right? Let's say their partner is going into labor. There's a medical emergency. They need to get to the hospital. They go down to their car. They turn the key. The vehicle is killed. Then what? What is that… what are the recourses available to that person? Call an 800 number?"

"They're not… they're not able to use their car."

"Right."

"I mean, you know, they lose the time that is really essential in the case of an emergency."

"So… and then describe to me what would happen to the rest of us, right, if we're a driver who doesn't have one of these kill switches installed on our vehicle and we, for instance, fall behind on our payments? Maybe you can describe what actions the lenders might take in an instance… in a more conventional instance."

"I'm sorry. Can you repeat that?" 10300034.docx 21  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023

"Yeah. Well, I'll go straight to the Bill, Madam Chair. To the Bill. Just to say…"

"To the Bill."

"…we have a two-tier system in the State of Illinois that for poor drivers, mostly drivers of color, drivers who have been punished by the credit reporting system in this country that takes into account a variety of discriminatory factors, those drivers are placed in a position where in a moment of crisis, when they need to get in their car and go somewhere, they might turn the key and that vehicle won't start. Whereas for the rest of us, those of us who come from positions of privilege, you have a credit score that doesn't require us to be shackled to one of these devices, we have other options available to us. I think this is an unfair and discriminatory system. I appreciate your work on ending it, and I urge an 'aye' vote."

"The Chair recognizes Leader Hammond."

"To the Bill."

"Representative Mah to close."

"Thank you, Madam Speaker. I'd like to make the point that no notification is required before a kill… vehicle kill switch is activated and a car is immobilized. So, in the scenario that the speaker mentioned previously, you know, someone could come out of the grocery store and find their car immobilized. They could, in the middle of the night, have a medical emergency and discover that their vehicle is immobilized. They could be, you know, going about their daily business and someone in a remote location knows exactly where they are at all times, which is a breach of privacy that, you know, those who do not have to use predatory loans in order to obtain a vehicle do not have to suffer. This is a device that is used to inspire fear and terror and humiliation that only effects a particular population. And currently, in Illinois, we have a process in place, a legal process, for the recovery of a vehicle in which the loan has been defaulted. There is a three-day notice for repossessions. Most people are aware of when they are in a position where their vehicle may be repossessed. They would get zero 10300034.docx 23  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023 notification if a kill switch is used on their vehicle. This is just an issue of fairness, and I urge that you support the people who are disproportionately affected by this. I urge an 'aye' vote."

Speaker Manley: "Members, Leader Windhorst has requested a verification. All Members will be in their chairs and vote their own switches. The question is, 'Shall House Bill 1527 pass?' All in favor vote 'aye'; 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 this question, there are 51 voting in 'favor', 49 voting 'opposed', 0 voting 'present'. Representative Mah."

"I request Postponed Consideration."

"Mr. Clerk, please put… put this Bill on Postponed Consideration. Representative Slaughter is recognized on House Resolution 214. Representative Slaughter."

"Thank you, Madam Speaker. And just wanted to clarify I'm not asking for the adoption of House Resolution 214 but would like to speak on it. Founded in 2013… and please, if we could direct our attention to the gallery, the Republican side of the aisle. All of the Survivors Speaks participants, could you… could you rise as we talk to the Resolution? Founded in 2013, Crime Survivors for Safety and Justice is a network of 190 thousand crime victims across the country. CSSJ is a program that conducts outreach to underserved victims of crime and advocates for expanded victim support and smart safety policies. CSSJ is dedicated to expanding services and helping all victims, particularly people who often… the most harmed by crime and violence but least helped 10300034.docx 24  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023 by a current criminal justice and victims' services system. In Illinois, we have 2 thousand members across the state, in chapters from Chicago, East St. Louis, and Peoria. And here in Illinois, we call this organized effort Survivors Speak. Representative… or I should say Leader Gordon Booth offers Resolution… House Resolution 214 to recognize the great work and recognize April 20, 2023 as 'Survivors Speak Illinois Day'. Madam Speaker, I think it's really important that we still… that we acknowledge that we still have a lot of work to do when it comes to supporting victims and survivors of crime. No matter what ideology you agree with in regards to public safety, we can all agree that it's very critical that our state does all it can to protect and assist victims. Ladies and Gentlemen, only nine percent of all victims of violence receive direct assistance from a victim service agency. This percentage drops even further when the crime is underreported, which is the case for more than half of all violent crimes. Even though we're making a lot of changes, our criminal justice system really is not designed or currently equipped to serve victims of violence or address most of their needs. This experience compounds the trauma that comes with victimization and is particularly severe for many victims of color, particularly black victims. We have with us today in the gallery, also in the Capitol, over 250 crime survivors that are uniquely qualified to provide input and influence in the discussion of public safety and criminal justice policies. The Survivors Speak movement promotes investing in a long-term comprehensive plan to address root causes of violence that prioritize prevention, 10300034.docx 25  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 34th Legislative Day 4/20/2023 rehabilitation, and trauma recovery. We're proud of CSJJ's (sic-CSSJ's) inspirational work. Thank you for your courage and we look forward to continuing to collaborate together as we advocate and provide more effective services for victims of violence. Thank you, Madam Speaker. And please, let's give Survivors Speaks a warm Springfield welcome. Thank you so very much."

Speaker Manley: "Welcome to Springfield. Mr. Clerk, Agreed Resolutions."

"Leader Gabel moves for the adoption of Agreed Resolutions. All in favor say 'aye'; opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. And now, allowing perfunctory time for the Clerk, Leader Gabel moves that the House stand adjourned until Tuesday, April 25, at the hour of noon. All those in favor say 'aye'; opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the House is adjourned."