Illinois House Floor Debate — May 16, 2023

"We will be led in the Pledge of Allegiance by Representative Walker."

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

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

"Leader Keicher is recognized to report any excused absences on the Republican side of the aisle." 10300047.docx 1  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"Have all recorded themselves as… who wish? Mr. Clerk, please take the record. There being 115 Members answering the roll call, a quorum is present. Mr. Clerk."

"There are no names to read for this year, but we honor those who have passed serving our country." (Playing of Taps.)

"Thank you, Members. Mr. Clerk, Committee Reports."

"Representative Ford, for what reason do you seek recognition?"

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

"Please proceed."

"Members, Ladies and Gentlemen of the House, I would like to announce that today is a very special day. It's my friend's birthday. I want to wish Representative Fred Crespo, the tall, dark, handsome Representative, a happy birthday. Happy birthday, Fred."

"Representative Collins, for what reason do you seek recognition?"

"Thank you, Madam Chair. I just wanted to introduce this Body, some very young important professionals who are here visiting the Capitol today. They are in my district. The Collins Academy High School. They are right here in the back. Stand up. From the West Side of Chicago, purple and gold. 10300047.docx 6  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 Asked a lot of important questions, but welcome to the Capitol."

"Welcome to your Capitol. Representative Guerrero- Cuellar, for what reason do you seek recognition?"

"Thank you, Madam Chair. Point of personal privilege."

"Please proceed."

"Thank you. I would like to ask the Body if you can help me welcome, recognize St. Nicholas of Tolentine, who is obviously here to advocate for the scholarship program, but is one of the schools in my district and very happy to support, as well as St. Nicholas Cathedral, which is also here for the same reason. And they… I want to recognize that they have served to support the asylum seekers from Ukraine during the Russian invasion. So, if we can welcome both schools, I would appreciate it."

"Representative Rosenthal, for what reason do you seek recognition?"

"Please proceed."

"Representative Niemerg, for what reason do you seek recognition?"

"Please state your point."

"Representative Davidsmeyer, for what reason do you seek recognition?"

"State your point." 10300047.docx 8  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"Representative Yednock, for what reason do you seek recognition?"

"Point of… point of personal privilege, Madam Speaker."

"Please state your point."

"Thank you, Madam Speaker. Members of the Body, I have a Page for the day today. His name is Drake Snow. He is the son of Kurt and Jennifer Snow. Many of you know Kurt. He is an AFFI member that's down here quite a bit. Couple of facts about Drake. He's age seven. He's finishing second grade at St. Michael's the Archangel in Streator. He's actually skipping school for this, but don't tell anybody. He likes chess, video games, basketball, and playing his drum set. He told me today he might want to be an operating engineer, which I think is a fine way to make a living. But he also might, since he got his First Communion, was thinking about maybe the priesthood. Unfortunately, for Kurt, he does not want to be a fire person. So, let's give a big round for Drake."

"Representative Ladisch Douglass, for what reason do you seek recognition?"

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

"Please state your point."

"Thank you very much. I am here to introduce my Page for the day, Reese Daugherty (sic-Goodrich). She's an 10300047.docx 9  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 eighth grade student from Elmhurst, which is in my home district. And I hope you all give her a warm welcome. Thank you."

"Representative Williams, for what reason do you seek recognition?" Williams, A.: "A point of personal privilege."

"Please proceed." Williams, A.: "Thank you. I am so very honored to welcome back to the Illinois House Representative Kim du Buclet. Kim… Kim was here, I think my first term we served together, and we have stayed friends and allies. She is a strong environmental champion. She joins us from the MWRD, and I think she'll be a great asset to her community, once again, here in the House. Welcome, Kim."

"Representative Coffey, for what reason do you seek recognition?"

"Please state your point."

"Representative Jacobs, for what reason do you seek recognition?"

"Please proceed."

"Thank you. Representative Swanson, for what reason do you seek recognition?"

"Please state your point."

"Representative Mason, for what reason do you seek recognition?"

"Point of personal privilege, Madam Speaker."

"Please state your point."

"Thank you. There are happy birthdays all around today, and we would be remiss if we did not also wish a happy birthday to James Hartmann, the House general counsel. Happy Birthday, James."

"Representative West, for what reason do you seek recognition?"

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

"Please state your point."

"I wanted to take this time to yield the floor back to our newly-appointed Representative, Rep. Kim du Buclet, so she can introduce herself to the Body."

"Representative du Buclet, please proceed." du Buclet: "Thank you. Good afternoon, everyone. My name is Kim du Buclet. I served in the General Assembly probably 10 years 10300047.docx 12  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 ago. I'm happy to be back, and if there's anything I can do to support any of you, please let me know. I'm very happy to be back. Thank you."

"Proceed to the Order of Third Readings… House Bills on Third Reading. On page 4 of the Calendar, under Third Readings, we have House Bill… Senate Bill 86, offered by Representative Stuart. Out of the record. Senate Bill 734, offered by Representative Slaughter. Out of the record. Senate Bill 1402, offered by Representative LaPointe. Out of the record. Senate Bill 2028, offered by Representative Stuart. Representative Stuart is recognized. Mr. Clerk, please read the Bill."

"Representative Stuart."

"Thank you. Senate Bill 2028 is an initiative of a group called Distress Bandanna. They have been going around on their own, going to high schools and informing students going through driver's ed about how to… what to happen if your vehicle is distressed and pulling over to the side and waiting for emergency personnel and everything like that. They would like information on this to be included in The Rules of the Road so that it makes it into the curriculum for driver's ed across the state. And I would appreciate an 'aye' vote in support of this."

"Representative Windhorst."

"She… she will yield." 10300047.docx 13  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"Yes."

"Thank you."

"Representative Stuart to close."

"I would appreciate an 'aye' vote."

"The question is, 'Shall House Bill… Senate Bill 2028 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Clerk, take the record. On this question, there… 115 voting 'yes', 0 voting 'no', 0 voting president… 'present'. And the Bill, having received the Constitutional Majority, is hereby declared passed. The Clerk is in receipt of Motions in Writing to waive the posting requirements for several Bills. If there is leave, we will take these in one Motion. Leader Buckner on the Motion."

"Madam Speaker, I move that the posting requirements be waived so the following Bills can be heard this week in committee: SB1291 to be heard in Judicial – Civil; SB1956 to be heard in Personnel & Pensions; SB850 to be heard in Revenue; all of the following to be heard in Executive, SB1068, SB2123, SB89, SB1289, SB1298, SB1699, SB2417, SB2412, SB2324, and SB689."

"Leader Windhorst."

"He indicates he will." 10300047.docx 14  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"There is 3, 6, 9… 14 in total."

"I'm not sure, Representative."

"Okay."

"As we know Friday is the scheduled date for us to end Session. And so, to put us in the position to be able to move legislation in this last week."

"Leader Buckner has moved to waive the posting requirements. All those in favor say 'aye'; all those vote… all those vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there is 75 voting 'yes', 40 voting 'no', 0 voting 'present'. And the posting requirements are waived. Moving to Senate Bills on Second Reading. We have Senate Bill 183, Representative Mussman. Mr. Clerk, please read the Bill."

"Representative Mussman on the Amendment." 10300047.docx 15  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"Thank you, Madam Speaker, Members of the House. This… House Floor Amendment #1 adds a provision at the request of parent groups to state that if the parents cannot be in the initial meeting held between the two schools, as the child is being sent to an alternative school, that they will be invited to participate in a meeting within the next 30 days and that a copy of the student's plan will be given to them ahead of time so that they can be prepared to provide input."

"Representative Mussman moves for the adoption of Floor Amendment #1. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"

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

"Representative Mussman is recognized."

"Thank you. Senate Bill 183 is… is the work of Senator Laura Murphy. She's been working on this Bill for quite some time, at the request of one of our constituents, to improve the transition between students leaving their original host school and transferring to an alternative school for many reasons. It makes sure that the parents have more information about these services that the receiving school can provide. It creates a timeline with a date for return to the original host school. It sets up provisions that the student will not return to the host school until there is a written agreement with the student's parents and the school, and just… just 10300047.docx 16  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 makes that transition clearer for everyone. And I want to thank her for all the hard work she's put in over this Bill. I'm happy to answer any questions."

"Leader Windhorst."

"She indicates she will yield."

"So, we had a constituent, it was a young man at the time, who is now, I'm proud to say, studying law, in… in law school. And he… his family didn’t have a very positive experience in transitioning over to an alternative school. There was a lot of confusion about what the school was ultimately going to offer. There was confusion about if or when he was ever going to return to the host school. There wasn't really a clear plan outlined for what kind of steps need to be followed to be allowed to… to return or to create consideration for that. So, ultimately, this creates clarity around that. We had significant input from West40 and a number of other advocates who helped us really put together a plan."

"Not that I'm aware of."

"Representative Mussman to close."

"I would appreciate an 'aye' vote."

"The question is, 'Shall House… Senate Bill 183 pass?' All those in favor say (sic-vote) 'aye'; all those opposed say 'nay'… vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? On this question, 10300047.docx 17  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 there are 115 voting in 'favor', 0 'opposed', 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Kifowit on Senate Bill 1233. Mr. Clerk."

"Representative Kifowit on Floor Amendment 1."

"Thank you, Madam Speaker. House Floor Amendment 1 makes some small technical changes. It keeps the overall principle of the Bill. One of the changes is it does not apply to Chicago Public Schools. The second changes the number from 525 full-time licensed teachers to 575 licensed teachers. And the last stipulates that the district shall offer more than one financial institution, rather than at least one. I ask for its adoption."

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

"Representative Kifowit on Floor Amendment #2."

"Thank you, Madam Speaker. Floor Amendment 2 made just a few changes. It strikes the word 'contribution' and the term 'independent compliance administrator'. This was 10300047.docx 18  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 requested by the IT department at TRS to conform with their coding."

"Representative Kifowit moves for the adoption of Floor Amendment #2. All those in favor say 'aye'; those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"

"Representative Kifowit on the Bill. Third Reading."

"Representative Kifowit."

"Thank you, Madam Speaker. This is an initiative of the American Retirement Association. Currently, we passed, a couple years ago, automatic enrollment in TRS. That has not changed in this Bill. But what this Bill does, it allows that school districts to offer more than one financial institution, rather than just one, to provide choice and more options for their teachers. And I ask for an 'aye' vote."

"Representative Reick is recognized."

"She indicates she will yield."

"Currently, right now… past legislation, they established a 457 plan through TRS. So, every school district has a 457 plan established through TRS that they are auto- 10300047.docx 19  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 enrolled in. If the individual wishes not to be in that TRS plan, then they will have the option, through this Bill, to allow more than one other option for them to enter into. Smaller school districts do not have to offer… it's not mandatory. They are optional to offer more than one. Larger school districts, they should offer more than one."

"We… we didn't change the number of students. Which we did was we changed the full-time…"

"…faculty number. So, what we… we used it as benchmark, this full-time faculty number, to just delineate between mandatory and optional. It was requested by the opposition to have them go neutral. So, this is an agreed Bill. There's no opposition currently on this Bill to raise the teacher number from 525 to 575. Again, this is a benchmark number. Smaller school districts have the option to provide more than one financial institution. Larger school districts are required to allow choice of more than one financial institution."

"I… I can't speak for them. All I know is that they slipped in neutral. And so, they are in agreement with this Bill." 10300047.docx 20  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"Representative Kifowit to close."

"I ask for an 'aye' vote."

"On this question, 'Shall Senate Bill 1233 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting 'yes', 0 voting 'no', 1 voting 'present'. And this Bill… Bill, having received the Constitutional Majority, is hereby declared passed. Representative Huynh on House Bill 1250… Senate Bill 1250. Mr. Clerk, please read the Bill."

"Representative Huynh is recognized."

"Thank you, Madam Speaker. Amendment 4 is cleanup language from the Senate. There's no opposition on the Bill."

"Representative Huynh moves for the adoption of House Floor Amendment #4. All those in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"

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

"Representative Huynh." 10300047.docx 21  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"Thank you, Madam Speaker. Senate Bill 1250 requires all those who apply flame-resistant material to steel structures be certified by the Office of the State Fire Marshal. There's no opposition on this Bill. The Bill overwhelmingly passed the Senate, and it passed committee unanimously… unanimously as well. I urge an 'aye' vote. Thank you so much for your time."

"Leader Windhorst."

"He indicates he'll yield."

"That is correct."

"It creates a new Act."

"Could I… I missed… I…"

"Could you repeat the question?"

"Yes, that is correct."

"Yes. The fine is $250 per day."

"This is the Office of the State Fire Marshal."

"Yes, this would be the Attorney General or the state's Attorney General will be able to apply for legal action."

"That is accurate."

"It is every three years."

"Yes. There are exemptions for the Nuclear Regulatory Commission. That is under a different purview."

"That is correct."

"It's going to go to the Fire Prevention Fund."

"It's used to make sure that we prevent fires from happening, making sure that there are protocols in place to prevent firefighters from, you know, dangerous conditions and scenarios."

"There are no associated costs to the Bill right now. It's done within… in house within the Office of the State Fire Marshal." 10300047.docx 23  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"This was brought by the masons, but we also heard from our firefighters as well that, you know, when they run into burning buildings all the time, they want to make sure that these structures have been applied correctly. And so, that's the reason for the Bill, is to make sure that we protect firefighters and we also protect the folks who are living in these buildings as well."

"Right now, we're giving the Office of the State Fire Marshal to July 1, 2025 to figure out the rules to implement this program, and we'll give them that time for them to look at in-house operations."

"Representative Huynh to close."

"This Bill is going to save firefighters' lives. It's going to save the lives of many of the folks in our communities. I urge an 'aye' vote. Thank you for your time."

"The question is, 'Shall House… Senate Bill 1250 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 75 voting 'yes', 40 voting 'no', 0 voting 'present'. And the Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1630, Representative Kifowit. Mr. Clerk, please read the Bill." 10300047.docx 24  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"Representative Kifowit on Floor Amendment #1."

"Thank you, Madam Speaker. House Floor Amendment 1 is a page and line Amendment that provides, beginning 2024, that the Tier 2 pensionable salaries shall be annually, therefore, increased by the lesser of three percent of the annual amount, including all previous adjustments and the annual unadjusted percentage increases. This is an Amendment that puts the Chicago fire on par with the downstate pension fire system. What we are doing is, again, creating parity between the two systems for Chicago fire and the other downstate system."

"Representative Kifowit moves the adoption of Floor Amendment #1. All those in favor vote… say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"

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

"Representative Kifowit."

"Thank you, Madam Speaker. Senate Bill 1630, as I mentioned with the Amendment, is a parity Bill with Chicago Local 2 and the downstate fire pension system. There's been a lot of information with regard to this Bill, but I want to point out that the actual studies I have do not come close to 10300047.docx 25  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 what has been reported in the news. So, I wanted to put that on the record. And again, this is a parity Bill with downstate fire. I ask for your support."

"Representative Reick is recognized."

"She indicates she will."

"Thank you, Minority Spokesperson. I appreciate the question. There has been several information going on in the news and being released. And so, Segal was contracted by Firefighters Local 2 to do an analysis. The analysis… and, Members, I just want to reiterate that the pension system, as Minority Spokesperson said on the record in committee, needs to be addressed. And… excuse me. It needs to be adequately prepared and looked into. So, based on the Segal plan, they looked at the pensionable salary, limited to 106,211, will increase by the lesser of 3 percent or one-half of the change in CPI, but not less than the salary limit of 116 thousand. 10300047.docx 26  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 At the end of the day, this report, which is available for anybody here on the House Floor, states that while there is an increase in cost, the increase in cost is not to the effect that has been repeated in the billions. What we are looking at is, the fund's normal cost would increase by 6 million. And what we have here is the… which is really .55 percent, and the actual accrued liability would increase by 23.8 million as well, according to the Segal analysis."

"This says… actually now, Senate Bill #1630."

"Page two."

"Thank you, Minority Spokesperson. This is parity for Local 2. What this also does… and to give the Members a quick pension overview, is that we have a safe harbor provision that we have to meet in order to not be sued. What this does is this does meet safe harbor as well. So, it does avoid litigation in the future as well. It's parity… Local 2 is then be at parity with the downstate fire pension system."

"Representative Kifowit to close."

"Thank you. I appreciate the thoughtful debate in committee. I appreciate the remarks of the Minority Spokesperson, and I ask for your 'aye' vote."

"The question is, 'Shall Senate Bill 1630 pass?' All those in favor vote 'aye'; all opposed vote 'nay'. And the voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 88 voting 'yes', 24 voting 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1701, Representative Kelly. Mr. Clerk, please read the Bill."

"Representative Kelly on the Amendment."

"Thank you, Madam Speaker. House Floor Amendment #1 is a page and line Amendment. It's a result of conversations between the Department of Agriculture, Association of Illinois Soil and Water Conservation Districts, and the Illinois Environmental Council. And I respectfully ask for an 'aye' vote."

"Representative Kelly moves for the adoption of Floor Amendment #1. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"

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

"Representative Kelly."

"Thank you, Madam Speaker. Senate Bill 1701 creates the Illinois Healthy Soils and Watersheds Initiative, which is intended to complement and improve current programs and projects, including the Nutrient Loss Reduction Strategy. The initiative shall be administered by the Department of Agriculture, using guidelines created by the same. It expands the allowable uses of the Partners for Conservation Fund and the Partners for Conservation Projects Fund to accomplish the goals of the initiative. Currently, the NLRS is pursued in Illinois through Illinois Conservation Reserve Enhancement Program. This program, under the direction of the Department of Natural Resources, and contacts… contracts the land owners for easements on their land in order to decrease erosion and increase native flora and fauna. Agriculture development and surface mining may not be conducted on CREP easements. I would respectfully ask for an 'aye' vote. Thank you."

"Leader Windhorst."

"He indicates he will."

"That's correct."

"Yeah. The estimated value for the appropriation is 750 thousand, and that is to allow Department of Agriculture to hire additional staff for implementing the program."

"I certainly hope so."

"Representative Kelly to close."

"I ask for a 'yes' vote."

"The question is, 'Shall Senate Bill 1701 do pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting 'yes', 6 voting 'no', 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 8 of the Calendar, Senate Bill 1782, Representative Chung. Mr. Clerk, please read the Bill."

"Third Reading. Representative… my apologies. Floor Amendment #2, Representative Chung."

"Thank you, Madam Speaker. I have… we have House Floor Amendment #2. All that does is change the effective date. Are we also going to be doing House Floor Amendment 3 as well? Okay."

"One at a time." 10300047.docx 31  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"So, that's House Floor Amendment 2. It changes the effective date. Thank you."

"Representative Chung moves for the adoption of Floor Amendment #2. All those in favor say 'aye'; those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"

"Representative Chung on Floor Amendment #3."

"Yes. Thank you, again, Madam Chair. House Floor Amendment 3 makes a couple of technical changes, what we worked on with the Department of Labor and also the Governor's legal staff and office there. Just to kind of… because this is brand new legislation, we're kind of working on how we can make this best and how we can make this work best for the minors in our state. So, I move that it be adopted here today, too. And I'll speak to it more on the Bill."

"Representative Chung moves for the adoption of Floor Amendment #3. All those in favor say 'aye'; those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"

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

"Representative Chung."

"Thank you, again, Madam Chair… Madam Speaker. Senate Bill 1782 is a very exciting Bill. It was an initiative from a high school constituent of mine and Senator Koehler's. What 10300047.docx 32  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 this Bill aims to do is to protect minor children who are being filmed and featured prominently by their parents for social media or vlogs. The Bill is modeled after child actor labor laws and protects minors by having their parents or guardians set up a trust fund so that the minor can access these funds when they are older. Senate Bill 1782 can be the first of its kind to become law in our nation. Especially in this new digital age, it's important to have these conversations and our state can be at the forefront to see what we can do to protect minors. And it passed the Senate unanimously, and I ask for your 'aye' vote today. Thank you."

"Leader Windhorst."

"She indicates she will."

"Sure. Thank you so much for that question, Leader. What we're doing here… what we're… it's been a sort of long process in sort of trying to figure out what we can do best for minors. Right now, what this is doing is it just kind of sets up a trust fund for them so that they… if their parents or guardians are making considerable amount of money off of… off of filming their children, then they can… have to set aside a chunk of the money so that the minor can access these funds when they turn of age."

"Yes, it is. It's in the Bill. I don't have it right now, I think. Let's see. Here it's in…"

"I believe it's on page… page three of the Bill, Leader."

"Oh, it's based on a percentage…"

"…of what they… of what the parents and guardians are… are accumulating."

"Thirty percent? Yes."

"You know, I think, especially that… so, what… like I've kind of said in my introduction, that this is the first Bill of its kind here to be sort of introduced and hopefully passed in any state in our nation. You know, these sorts of conversations are brand new. We're… we're just trying to figure out what we can do to protect minors. This constituent of ours, she's a high school student. She started watching a lot of, like, TikTok and, you know, YouTube content when we were all locked down during COVID. And she thought… she started to think about who was protecting these children. So, we've had a lot of different conversations, what we can do to sort of protect people's rights and… but, at the same time, 10300047.docx 34  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 protect the minors. I believe that this Bill is… is sort of an amalgamation of all these conversations. And, of course, you know, it's the first of its kind in the nation. And hopefully, you know, we can see what we can do in the future to protect children."

"Thank you very much."

Speaker Mah: "Representative Gill. Representative Chung to close."

"Thank you very much. Like I said, this is a very exciting Bill. We've never… there's been nothing that's been passed here in our… in our nation to this extent, and I'm really excited for… to see what we can do here to be at the forefront of these discussions. So, I ask for your 'aye' vote today. Thank you."

"The question is, 'Shall Senate Bill 1782 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 98 voting 'yes', 17 voting 'no', 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1803, Representative Swanson. Mr. Clerk, please read the Bill."

"Representative Swanson on Floor Amendment 1." 10300047.docx 35  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"Representative Swanson moves for the adoption of Floor Amendment 1. All those in favor say 'aye'; all those opposed say 'nay'. In the question of the… in the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"

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

"Representative Swanson on Senate Bill 1803."

"With no further debate, Representative Swanson to close."

"The question is, 'Shall Senate Bill 1803 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 113 voting 'yes', 0 voting 'no', 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jiménez on Senate Bill 1886. Clerk, please read the Bill."

"Representative Jiménez on Floor Amendment 1." Jiménez: "Thank you. These Amendments bring the Illinois Probation and Court Services Association and Illinois Sheriffs' Association to neutral on the Bill."

"Representative Jiménez moves for the adoption of Floor Amendment 1. All those in favor say 'aye'; those opposed 10300047.docx 37  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"

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

"Representative Jiménez." Jiménez: "Thank you, Speaker. This Bill addresses testing of people on probation, conditional discharge, and supervision. It provides guidance to judges to increase consistency and fairness while keeping the courts focused on law-abiding behavior and increasing the involvement of doctors and clinicians in decisions about treatment for substance abuse. This Bill ensures that everyone on probation receives an evaluation for alcohol and drug treatment, when judges believe it is necessary, instead of relying on alcohol and cannabis testing alone. This Bill ensures that there is one, a standard for when fees… for fees when the drug testing fees are waived, two, it provides clarity about when someone on probation, conditional discharge, or supervision should be tested for legal substance, and lastly, the Bill ensures that people on probation, conditional discharge, and supervision are able to access prescription medication. I'd also like to thank Representative Vella for his work to address the gap in testing between sentencing and development of a treatment plan and making this Bill better. Thank you."

"Leader Windhorst."

"She indicates she'll yield."

"To the Bill." 10300047.docx 39  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"Representative Vella."

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

"She indicates she will."

"Oh, hold on… hold on one…" Jiménez: "We're taking it out of the record."

"Out of the record. Senate Bill 1999, Representative Ann Williams. Out of the record. Senate Bill 1716, Representative Morgan. Please read the Bill, Mr. Clerk."

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

"Representative Morgan."

"Thank you, Madam Speaker. Senate Bill 1716 is an extension of a sunset Bill. This is the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act. It's a mouthful, but it's an extension Bill from IDFPR. Much like we've done our other extensions, it extends this sunset through 2029. It also updates and 10300047.docx 40  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 modernizes a variety of aspects of this Act. I know of no opposition, and I ask for an 'aye' vote."

"Leader Windhorst."

"He indicates he will."

"That's correct. It's a sunset, but there are a few other Amendments that are reforming and updating the language so that those who are licensed under this Act have the ability to use their e-mail addresses and do things online, as opposed to on paper, and other things similar and identical to the other Acts that we've updated."

"Again, this is a sunset Bill that, at the moment, if we don't take any action, this Act will entirely sunset in 2024. Much like other professional licenses, if we don't extend this, it really risks the licensure that we have in the State of Illinois. The other reforms that I just referenced are, again, identical to the other reforms we made to other IDFPR Acts."

"Representative Morgan to close."

"I urge an 'aye' vote."

"The question is, 'Shall Senate Bill 1716 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting 10300047.docx 41  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 'yes', 0 voting 'no', 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Leader Buckner, for what reason do you rise?"

"Madam Speaker, I would the record to reflect that I intended to be a 'yes' vote on SB1803."

Speaker Mah: "The record shall reflect. Senate Bill 1989, Representative Ann Williams. Mr. Clerk, please read the Bill. 1999."

"Representative Williams on the Amendment." Williams, A.: "Thank you, Madam Speaker. The Amendment simply brings into line some of the issues that were brought up by a coalition of advocates, adoption attorneys, and DCFS to remove at least partial opposition to the Bill."

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

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

"Representative Williams." Williams, A.: "Thank you so much. This Bill, as I referenced, is a Bill to improve some of the processes related to the 10300047.docx 42  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 Abandoned Newborn Protection Act. Of course, that's the legislation that provides that a birth mother can relinquish a baby anonymously within the first few days of his or her life and avoid criminal prosecution for that. There's an extensive Act detailing procedures and processes. What this Bill does is address some of those, including increasing the time from 72 hours to 30 days in which a relinquishing parent can receive information about the infant, where it was relinquished. Two, clarifying a hospital that receives the infant can apply for Medicaid so adopting parents and the hospital don't have to pay for that coverage. And then makes other more technical changes. Happy to answer any questions."

"Leader Windhorst."

"She indicates she will."

"Representative Williams to close." Williams, A.: "Thank you so much. The Bill, as we… as you can tell from the limited debate, is pretty straightforward. But I wanted to, with the indulgence of the Body, just take a few minutes to give some thoughts, or just a minute to take… to share some of my thoughts on the Abandoned Newborn Act. So, I'm an adoptee, and I'm happy to share my very interesting story with anyone who cares to listen. But I have strong feelings about safe haven laws. These are laws which allow a woman to drop her baby off at designated locations and be shielded from criminal liability. So, I think it is tempting for some people to embrace the idea of safe haven laws as a means of saving babies as a positive, wonderful thing in the wake of the Dobbs decision. Yes, saving lives is of the paramount importance. But in the wake of Dobbs, some have celebrated this process. You can abandon your baby, no strings attached, as a great solution to continued restriction of reproductive choices. The proliferation of baby boxes in some states, thankfully not Illinois, is a device that's kind of like something you'd see while making a bank deposit. Frankly, this is concerning in this context. Relinquishing a child through this means is far from an ideal option, even though it’s important to save lives. As an adoptee, I remain very concerned about the narrative surrounding safe haven laws and 10300047.docx 44  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 making it too easy to abandon your baby when you just need supports and services to do a traditional adoption. This process must be used only as a last resort, not an alternative to creating and implementing a traditional adoption plan. Birth mothers, families, and babies are so much better served when they use a traditional, reputable agency and adopt a baby in a traditional sense. Babies grow up, become adults, and need a sense of their identity. They need an opportunity to find out who they are, where they came from, and access to search and reunion services. You don't abandon your baby unless you are in extreme crisis. What about the birth mothers? Under the safe haven laws, where are they? They are not considered. They are left behind. They are experiencing trauma, they need mental health services, substance abuse services, health care, and an opportunity to fully understand and explore their options. Abandoning a baby via abandoned newborn laws don't serve these goals and have lifelong ramifications for all the parties involved. I think we need to remember that, yes, it's important to save lives and we should continue to keep this on the books. However, we should make sure that we do everything we can to avoid putting birth mothers in a situation that they need to abandon their baby without thoroughly understanding the ramifications of what they’re doing. Instead, we should provide support, services, and compassion, and if they choose, help them create an adoption plan. Thank you for listening. I appreciate an 'aye' vote."

"The question is, 'Shall Senate Bill 1999 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is 10300047.docx 45  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 108 voting 'yes', 0 voting 'no', 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 9 of the Calendar, Senate Bill 2017, Representative Croke. Mr. Clerk, please read the Bill."

"Representative Croke on Floor Amendment 2."

"Thank you, Madam Speaker. Floor Amendment #2 removes educational support personnel employees from the list of individuals not required to work on Saturdays and removes all opposition from the Bill."

"Representative Croke moves for the adoption of Floor Amendment #2. All those in favor say 'aye'; those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"

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

"Representative Croke."

"SB2017 is an initiative of the IEA and clarifies that education support personnel employees may not be required to work on legal school holidays and that no deduction may be made from time or compensation on account of a holiday in which the employee would have otherwise worked. This is, like 10300047.docx 46  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 I mentioned, an initiative of the IEA. There was bipartisan support in committee as well as over in the Senate. And I ask for an 'aye' vote."

"Representative Ugaste."

"She indicates she will."

"Yes."

"So, the definition of, like, education support personnel, school support professionals, including, but not limited to, clerical services, custodial and maintenance services, food services, health and student services, paraeducators, security services, skilled trade services, technical services, and transportation services."

"So, it depends on the school. So, if the school were… had a… for example, let's say, like, there was a holiday that the school had on their calendar that they didn't take off. They can apply to get a waiver, and based off my… the information I received from IEA, they've never had a situation in which a waiver was denied. So…"

"I mean, if… I guess, I… if the school is off, then this education support personnel would not be required to work."

"Yeah."

"That's it… that already… my understanding is that already applies. This Bill does not deal with teachers."

"Yeah."

"Yes."

"Yes."

"Representative Wilhour."

"She indicates she will."

"I think that that has been attempted and, unfortunately, has not been able to occur. And therefore, clarification was necessary in this legislation."

"As a non-IEA, Representative, I… I can't speak to their collective bargaining process. So, unfortunately, I… I can't answer that question for you."

"Representative Croke to close."

"I ask for an 'aye' vote."

"The question is, 'Shall Senate Bill 2017 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 89 voting 'yes', 26 voting 'no', 0 voting 'present'. And the Bill, having received the Constitutional Majority, is hereby declared passed. On page 9 of the Calendar, Senate Bill 1886, Representative Jiménez. Mr. Clerk, please read the Bill."

"Representative Jiménez." Jiménez: "Thank you, Speaker. This Amendment brings the Illinois Probation and Court Services Association and the Illinois Sheriffs' Association to neutral on the Bill. The AOIC also 10300047.docx 49  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 remains neutral on the Bill. We are unaware of any opposition following these Amendments. Thank you."

"Representative Vella."

"Thank you. Will the Sponsor yield?"

"She indicates she will."

"Thank you. So, judges can still order people on probation or conditionally discharged to not use drugs or alcohol any time they think it's appropriate. Is that correct?" Jiménez: "Yes. That's correct."

"All this does is make sure that if it's ordered, those people have to be evaluated for addiction issues. That's right?" Jiménez: "That's right."

"Okay. And this makes sure that the resources the counties have are used effectively and we focus on the underlying issues that lead to a lot of these crimes. Is that right?" Jiménez: "That is correct."

"This will also, I think, limit unnecessary testing, which is usually paid for by probation officers in counties, which would actually save money for the counties. Is that right?" Jiménez: "That's correct."

"Thank you. To the Bill. This is a good Bill. It saves money. It gets to the root of crime. I urge an 'aye' vote."

"Leader Windhorst."

"Representative Jiménez to close." Jiménez: "Thank you. Just want to confirm that this keeps courts focused on law-abiding behavior and fully addressing the treatment needs and situations. The judges cannot order testing for legal substance without a reason and are able to instead order treatment. And when treatment finds it necessary, drug and alcohol testing can be ordered. Thank you. I urge an 'aye' vote."

"The question is, 'Shall Senate Bill 1886 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there is 75 voting 'yes', 40 voting 'no', 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Faver Dias."

"Point of personal privilege."

"Please proceed."

"I would just like to invite everyone to a tour of the Old Capitol Farmer's Market tomorrow morning. It's hosted by the Illinois Environmental Council, Illinois Stewardship Alliance, and Downtown Springfield, Incorporated to tour the farmer's market on opening day and learn about the importance of farmers' markets and local food systems. We will meet at 7:30 a.m. at Custom Cup or you can meet us at the Farmer's Market at 8 a.m. at 5th and Adams. Thank you all so much." 10300047.docx 51  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

Speaker Mah: "Thank you, Representative Faver Dias. Representative Gong-Gershowitz, for what reason do you seek recognition?"

"Point of personal privilege."

"Please state your point."

"Thank you, Madam Speaker. I rise today, in honor of AAPI History Month, to recognize and celebrate the very first Member to ever… Asian American ever to be elected to the Illinois General Assembly, Leader Mah. So, I didn't prepare something. I'm just going to speak from the heart. Here in Asian American History Month, to see you in the well harkens a saying that we sometimes invoke in moments like these and we say that you cannot be what you cannot see. And in my case that has certainly been the case. When I was elected in 2018, Representative Mah was the first and had vowed to not be the last. And she was true to her word. She was one of the first people to support me in my run for the Illinois House, and since then, has continued to build the bench and support others to build this caucus, providing an inspiration to members in our community and ensuring that our voices are heard and have a seat at the table. So, I think there are others that may have a few words to say, but I couldn't let this month and this week pass without honoring the first who has been, you know, committed to making sure that the first isn't the last. Congratulations, Leader Mah."

"Thank you. I'm speechless. Representative Rashid, for what reason do you seek recognition?"

"Point of personal privilege."

"Please state your point." 10300047.docx 52  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"I also rise to honor and recognize our Majority Conference Chair, Leader Mah. I just want to thank you for being an invaluable source of knowledge and wisdom every time I have reached out to you for advice. We first worked together more than 10 years ago, and I'm so grateful for your leadership and for your friendship. Thank you."

"Thank you. Representative Huynh, for what reason do you seek recognition?"

"Madam Speaker, a point of personal privilege."

"Please proceed."

"I rise to recognize Leader Theresa Mah as the first Asian American elected to the General Assembly. And during Asian American and Native Hawaiian and Pacific Islander Month, we think about those who have come before us, the folks who have fought for us to have opportunity. And I think for me, in my experience, Leader Mah has been a strong advocate for me and has been a tremendous mentor and has helped me so much and has helped the Asian American Caucus so much over these last several months and over the last couple years as well. And I want to say, you know, you… you believed in me since day one. You know, I am so honored to have your support. You were the only person to endorse me and help me. And so, I… and support my campaign. And so, I want to also say that, you know, it means a lot to be here. And certainly, I appreciate your support. So, rise to thank you for all of your work. And in Asian American culture as well, one of the things that we do when we really care and we display acts of kindness is to make sure that folks have enough to eat. And every time when you see me, when I'm not eating, you would also provide me 10300047.docx 53  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 with food, every single time. So, I really appreciate that as well. And so, if you see Leader Mah giving you food, that means she really cares about you because she wants you to eat during the day. I… so, again, thank you so much for your time, and thank you so much for your mentorship."

"Thank you. Representative Chung, for what reason do you seek recognition?"

"Point of personal privilege, Madam Speaker."

"Please state your point."

"I rise along with… alongside a lot of my other colleagues who have already spoken to… to how important you are to so many of us here in this chamber. I… I recall back to how I, just sort of this, you know, misfit violist in Bloomington, how I reached out to you back in 2017 to ask you if I should run for McLean County Board, and you met me at a Starbucks in… in Normal. And to think that that sort of… sort of led this chain reaction to me being here today, to… to a lot of our other colleagues that you helped us to get here to where we are today. And it just… it's invaluable. It means so much to me. It means so much to so many other Asians around our state, my daughters included, to see people who look like us in… in these sort of places of power and letting us, you know, letting our voices be heard. So, thank you so much for everything, and I echo many of the comments that my colleagues have already made. Thank you so much."

"Thank you. Representative Yang Rohr, for what reason do you seek recognition?"

"Point of personal privilege, Madam Speaker."

"Please state your point." 10300047.docx 54  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"I rise with my colleagues to honor the first Asian American Representative of the General Assembly, the first Asian American Leader of our caucus. There are so many different forms and characteristics of leadership, so many different characters in leaders, as we all see in this room today. But one of the most important, one of the hardest to get is that willingness, that ability to trailblaze. And I think we can all agree that there are very few trailblazers as important as Leader Mah. Not only did she pave the path for herself, but because of her actions, she paved the way and blazed the trail for so many of us here. It's… it's not only the work that she did for so many faces that you see here today, but so many that are in Illinois, so many that have been inspired by Leader Mah's work. And for that, for AAPI Heritage Month, let's give her a round of applause to honor her."

"Thank you. Representative Olickal, for what reason do you seek recognition?"

"Point of personal privilege."

"Please state your point."

"I also wanted to echo the sentiments shared by my colleagues in this chamber. Leader Mah, you… when you were first elected in 2016, you had an incredible burden of representing a large and diverse community as the sole Asian American Member in this chamber. And when you… and you've done it valiantly, but also, you had the ability to help others walk into this chamber. And you really treated it as a responsibility and have been instrumental in the growth of this caucus. And I'm just really honored to be here with you. 10300047.docx 55  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 I look forward to the future of our caucus and everything that we're going to accomplish in this chamber for not only the Asian American community, but families across the State of Illinois. So, thank you."

"Thank you. Representative Syed, for what reason do you seek recognition?"

"Point of personal privilege."

"Please state your point."

"When Leader Mah was first elected, I was a senior in high school. You have made it possible for young Asian Americans to see themselves reflected in government. You have given us a seat at the table. And not only have you given us a seat at that table, but you've expanded the table so that there are nine of us in the General Assembly. Thank you so much for being a true leader, for being a symbol of representation, and for truly caring about the community that we serve. Thank you."

"Thank you. Representative Ammons, for what reason do you seek recognition?"

"Point of personal privilege."

"Please state your point."

"Thank you. It is my pleasure to state this point, Madam Speaker. We have served together as cochairs of the Progressive Caucus for a number of years, but we also live together in the same place. And I've come to know you as a person and as a serious Legislator. You care about expanding the table and making space for others. But you care about others, and that's why we care about you. And so, today, we honor you for AAPI and we thank you for broadening and 10300047.docx 56  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 breaking the glass ceiling that had not been broken. Many of us have done and had to do exactly the same thing. As African American women, I am the first to represent my district, and I know how difficult it can be. I congratulate you for being steadfast, being committed to your principles, and to stand for not just the Asian American community, but for all of our communities who need a voice. Thank you so much for your service."

"Thank you. Representative Cabello, for what reason do you seek recognition?"

"The record shall reflect. Representative Jiménez, for what reason do you seek recognition?"

"Please state your point." Jiménez: "Thank you. I wanted to echo some of my colleagues in thanking you for your service. As I've told you once before, you were the first State Representative I met. And just seeing your ethical demeanor, your grit, your collaborative nature, your interest in… in mentoring other people and to bringing people up with you, was always an inspiration to me. And so, I want to thank you for your service and for your leadership. Thank you, Leader Mah."

"Thank you. I'm very moved by all of this. Thank you."

"Manley in the Chair. Mr. Clerk, Rules Report." 10300047.docx 57  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"Leader Mah in the Chair. Proceeding to the order of House… Senate Bills on Third Reading. On page 9 of the Calendar, we have Senate Bill 2192, Representative Davis, to be presented by Representative Smith. Mr. Clerk, please read the Bill."

"Representative Smith on Floor Amendment 1."

"Thank you, Madam Speaker. House Floor Amendment 1 is a small change in the original Bill where we changed the agency who have to do the reporting. The original Bill demanded that the chief procurement officer supply the data in the reports, and this just changes that to the procurement agency."

"Representative Smith moves for the adoption of Floor Amendment 1 to Senate Bill 2192. All those in favor say 'aye'; those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"

"Third Reading. Please read the Bill."

"Representative Smith on Senate Bill 2192."

"Thank you, Madam Speaker. Senate Bill 2192 is our good friend and colleague, Representative Will Davis' Bill. I am doing it in his absence. So, of course, I urge your support before I even tell you what it does. 2192 requires the chief procurement agency of various state agencies to supply a report to contractors that have failed several bids in a row. So, if they have bid on a particular project with these state agencies and failed to secure that bid at least four times, then this Bill asks that agency to just supply a report as to why those bids were not… or why they failed, so that they don't continue to bid on contracts and continue to fail on those bids. They can right whatever wrong they did in the original bid and hopefully secure a bid in the future. I urge your support."

"Leader Windhorst."

"He indicates he will."

"Yes."

"That is."

"Absolutely."

"Thank you."

"Leader Smith to close."

"Vote 'yes'."

"The question is, 'Shall Senate Bill 2192 pass?' All in favor vote 'aye'; all opposed say 'nay'… vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting 'yes', 0 voting 'no', 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Proceeding to the Order of Senate Bills on Third Reading. On page 5 of the Calendar, we have Senate Bill 724, Representative LaPointe. Clerk, please read the Bill."

"Representative LaPointe on Floor Amendment #4."

"Thank you, Madam Speaker. Floor Amendment 4 takes into account feedback from stakeholders, in particular the Illinois Collaboration on Youth, and gets agreement for the Bill."

"Representative LaPointe moves for the adoption of Floor Amendment #4. All those in favor say 'aye'; those opposed say 'nay'. And in the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?" 10300047.docx 60  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"Representative LaPointe on Floor Amendment #5."

"Floor Amendment 5 fixes a typo in the previous Amendment and adds the word 'host homes' back into the Bill."

"Third Reading. Please read the Bill, Mr. Clerk. Apologies. Representative LaPointe moves for the adoption of Floor Amendment #5. All those in favor say 'aye'; those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"

"Third Reading. Please read the Bill."

"Representative LaPointe on the Bill."

"Thank you, Madam Speaker. SB724 is the first Bill to come out of the Children's Behavioral Health Transformation Initiative, which was launched in March 2022 by Governor Pritzker and team leaders from various child-serving state agencies. And the goal of the initiative is to redesign the delivery of behavioral health services for kids and adolescents in Illinois. The team behind this, as I said, represents all six of our child-serving state agencies in Illinois. And the team in the initiative took a hard, systematic look at what our current barriers to efficient and effective care for our kids, as related to behavioral health, took that hard, systemic look and made initial recommendations. And that's what this first Bill is. To be 10300047.docx 61  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 very clear, we have a long way to go for a full mental health system in Illinois where our kids can get effective and efficient access. But this is a start. And the Bill does six things that I'm going to go over briefly. Number one, it creates a centralized intake portal which is housed at DHS to triage cases, manage information, and provide parents and guardians who are accessing state support the information that they need. And we had data… some data privacy concerns that were addressed with the ACLU. Second, the Bill establishes a children's behavioral health transformation officer in Illinois, which is something we have never had. Third, it requires a process for all licensed residential providers to submit daily data if they get state money for children's mental health, substance abuse, and developmental disabilities. And the point there is to have a real-time picture of actual capacity that takes into account staffing so we know what we're dealing with. Fourth, the Bill revises the duties of our Community and Residential Services Authority to operate as a parent and guardian navigator assistance program. Fifth, requires ISBE to build out a plan for annual mental health screenings for our K-12 students by first conducting a landscape scan so we know which school districts are doing what today. And then, finally, related to our Comprehensive Community-Based Youth Services program, expands the duration and availability of emergency shelter placements for kids that are at risk for coming into the foster care system. Very proud to have had a robust discussion in the Mental Health Committee of this Bill… about this Bill 10300047.docx 62  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 and proud that it came out of committee on leave. Happy to answer any questions, Madam Speaker."

"Representative Haas."

"She indicates she will."

"Correct."

"That is exactly right. And I'm happy to say that… that work of the team triaging cases is happening today, but it's not codified in statute yet. And it's designed to do the exact things that you mentioned, to make… part of it is making sure 10300047.docx 63  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 kids don't have to go into care to get the support they actually need."

"That is exactly right. To hold all the six child- serving agencies accountable to working collaboratively so none of our kids fall through the cracks."

"The… that is a good question. Not specifically written into the language of the Bill. However, when the Governor introduced his budget back in February, there's about $22 million that have been introduced that are tied to our ability to fully execute the six components of the Bill that I went over."

"Representative Reick."

"She indicates she will."

"That's a really good question, and I appreciate your work on the child welfare issues. So, the Bill puts into statute… it basically forces the agencies to work together and to come together on a… on a weekly basis and to develop this portal together and to create a navigation system for 10300047.docx 65  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 parents and guardians together. So, sometimes state agencies collaborate. All too often, like you said, there are silos, but this Bill puts it in statute that says you will come together to do these things. To your question on if there is some sort of annual report as a part of this Bill to the General Assembly, not in this Bill there's not. And I'm okay with that 'cause we get a lot of reports that, frankly, we don't read all of them. What we do have is a blueprint for transformation that this Bill came out of. This, more or less, lays out what some of the issues and barriers have been. And then in October, we are going to have a fuller implementation plan related to all these issues."

"Representative LaPointe to close."

"Thank you, Madam Speaker. To the last speaker's point, appreciate what you raised. And what I would say, as… in terms of our work on the Mental Health & Addiction Committee and the Child Welfare Committee, we have the power to bring these state leaders in front of us together to make sure we're on track for implementation. So, that's something that I commit 10300047.docx 66  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 to, and the idea of joint hearings sounds great to me. In terms of this Bill, in particular I just want to highlight two things that are really important to me in this Bill. Number one, we do not have enough children's residential mental health beds in this state. And every single one of us has parents in our district that have to send their kids who have very acute behavioral health issues out of state. We know that because parents have shared that with us on the records in… on the record in hearings. But we don't have a mechanism to know exactly how many beds we need on any given day, and after this Bill, we will. The other thing I want to say is that our parents and guardians do not know how to navigate the mental health system for their kids, or for themselves, frankly. We get lots of calls. And last December, in my district we did a mental health resource fair. And we had a mental health professional giving a presentation, and when it came time for Q&A, parents' hands shot up. And after some of their questions were answered, I looked across the room at a woman who had asked how does she, a mother… she needed to know how does she find a psychologist for her kid. And I looked across the room, and the speaker, who is an LCSW, had her hands on the mom's shoulders, and the mom was crying, and the speaker said, 'This is exactly why you came to this event, to learn how to navigate the children's mental health system.' And I thought to myself, how dare we have a system where parents have to come to a mental health resource fair that their State Rep. is putting on to learn how to navigate the mental health system to get their child the help that she so desperately needed. This Bill's not going to solve 10300047.docx 67  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 everything, but it's a big step in the right direction to have an effective and efficient mental health care system in the State of Illinois for our kids and adults. Thank you for listening, and I hope you vote 'yes'."

"The question is, 'Shall Senate Bill 724 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 112 voting 'yes', 0 voting 'no', 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 2 of the Calendar, House Bill 219, Leader Hoffman. Mr. Clerk, please read the Bill."

"Leader Hoffman."

"Yes, thank you, Madam Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 essentially becomes the Bill. And then Floor Amendment #3 would be a technical change to the Bill. I would ask that we debate this on Third Reading."

"Leader Hoffman moves for the adoption of Floor Amendment 1. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"

"Leader Hoffman."

"Thank you, Speaker, Ladies and Gentlemen of the House. Floor Amendment #3 actually clarifies and makes sure that it's crystal clear that actions for healing art malpractice, actions against the state or even a local government, actions against the state or local government employees will not be… will remain exempt from paying wrongful death damages, even if there is punitive damages, even if there is a death. I ask for its adoption."

"Leader Hoffman moves for the adoption of Floor Amendment #3. All those in favor say 'aye'; those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"

"Third Reading. Please read the Bill."

"Leader Hoffman."

"Yes. Thank you, Speaker, Ladies and Gentlemen of the House. What this Bill would do is it would provide for punitive damages in wrongful death cases and equal justice for victims' families. Unfortunately, under current law, victims of particular personal injury cases that are very serious may seek punitive damages against defendants whose behavior is reprehensible and cause the injury. The purpose of this Act is to make sure that if you… if because of the actions of another that are particularly reprehensible, that are intentional, that a victim were to pass away or die, that 10300047.docx 69  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 that victim's family would have the same rights as if the victim were… have… would have simply had physical… physical injuries and would allow those families to also receive punitive damages. As I indicated in Floor Amendment #3, we mirrored the current statutory language, in that we indicated that actions for healing art malpractice, actions against the state or units of local governments, and actions against the state or local government employees will be exempt from the… issuing of punitive damages, even in the case of a death. So, by making this statutory exceptions, we are mirroring what currently is in the law if you simply receive a physical injury. Why is this important? Because if you do not do this and if we keep current law as it is, you actually would be better off if you cause a serious injury if you are drunk… drunken driver and you cause a serious injury to another, that if that person were to die, because you would not have punitive damages, as opposed to live, where you would have to potentially pay punitive damages. There have only been 18 cases of punitive damages that have been over $10 thousand in the last 10 years, and this type of legislation is in 34 other states. I believe it's… it's a victims' rights legislation, and I believe it's important that punitive damages for bad actors be available in wrongful death cases. I ask for a favorable roll call."

"Representative Ugaste."

"He indicates he will."

"I believe that initially, in the 1850s, when the Wrongful Death Act first passed and became available. Those type of cases."

"Well, if you are family and you have had an intentional act cause you to die and your kids are not able to receive adequate compensation, including… including punitive damages, which will hopefully curtail that intentional and wrongful behavior, then I think it should have been done a long time ago."

"And it can't be too soon."

"That is the intention."

"Well, I… I hopeful not… hopefully not only to send a message, but stop the harmful behavior."

"Yes."

"Well, I would just… I will just say this, that the issue of punitive damages is on a case-by-case basis. And whether you're going to get punitive damages on a wrongful death case will be on a case-by-case basis. And in order to receive punitive damages, certain things have to happen. And I understand… I'll get to your question… Representative, I'll get to your question, but I want to just, kind of, for the Body, lay out all the things that have to occur…"

"…prior to punitive damages being awarded. First of all, the punitive damages and the fact that they have to be pled and you have to show certain behavior that is direct, that is… is reckless, that is fraudulent or intentional, and you would plead that in your case. Then, ultimately, you have to prove that those acts actually occurred in the case. And you go to the judge, who then asks… you ask that judge, who has to prove, then sending that, based on the facts, to the jury. The jury then will look at the facts, determine whether they need to do something that would deter this action in the future, and then they will make a determination as to award of punitive damages. So, we're not just talking about one or two people. We're talking about… in a lot of times, we're talking about system-wide problems with regard to that business, such as the Sterigenics case, where they were emitting carcinogens into the air and that… there were cancer survivors. There were punitive damages in that case. The jury 10300047.docx 72  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 made the decision, and I think that they made a fair one. Now, we could say, oh, my goodness, there are people who work at Sterigenics that they should not lose their jobs. So, it should allow that that… that carcinogens to continue to emit to the air because some jobs are at stake, while people in that area are getting sick and getting cancer. I can't stand by and allow that to happen."

"Well, I would say there's huge repercussions on the family who was left behind when a person dies as a result of some intentional act."

"There are not, and it has been ruled over and over in Illinois that caps are unconstitutional in Illinois."

"The Supreme Court in Illinois has ruled that they're unconstitutional."

"Can I… I'll make… I will give you one thing. What has been ruled by… by the state is in the State Farm case, it says that the punitive damages can't be… if they are in excess of 10 times the compensatory damages, they would presume to violate due process. So, the court, through common law, has 10300047.docx 73  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 put a sort of cap on the amount of punitive damages that can be awarded."

"The court gave some… the court gave some general guidance indicating if they're over 10 times the compensatory damages that there would be a presumption of violating due process. Now, that presumption can always be… you can always rebut that presumption."

"Currently, under State Law, we indicate that if… if there is an intentional act that is committed by state governments or units of local governments or their employees, we currently indicate that, even in the case of nondeath where there is simply physical harm, that they would be exempt from punitive damages. That's current law. All we're doing here is we're… we are taking and… taking the statutory codification of the exemptions and the types of acts, or the types of individuals who are exempt, and we are saying it's going to be the same for this punitive damages for wrongful death."

"To the Bill."

"Leader McCombie."

"To the Bill."

"Representative Tarver."

"Thank you, Madam Chair. Jay C. Hoffman, how are you, man? I want to talk about a couple different things here. So, just for legislative intent, I want to just read from 35.01, which is the Illinois Pattern Jury Instructions. So, in order to even determine punitive damages, there're three questions the court requires. Are you aware of those questions?"

"I am, Curtis J. Tarver, II." 10300047.docx 76  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"That's right. So, one of them is, how reprehensible? And that's a very specific word. What's the defendant's conduct? And then it says, 'On this subject you should consider the following: the facts and circumstances of the defendant's conduct; the financial vulnerability of the plaintiff; the duration of the misconduct; the frequency of the defendant's misconduct; the harm, whether it was physical as opposed to economic; and whether the defendant tried to conceal that misconduct.' Then once you get to that point, you go to the next question, which is, 'What actual and potential harm the defendant's conduct caused the plaintiff in this case?' You will pass that to, 'What amount of money is necessary to punish the defendant and discourage the defendant and others from future wrongful conduct [in light of the defendant's financial condition]?' So, I want to make a couple quick points on this. One, clearly the conduct has to be reprehensible, right? And when we talk about caps and things along those lines, a clear factor for the jury of your peers, right, is to determine the amount necessary to essentially provide specific and general deterrence. But it's based on and in light of the defendant's financial condition. So, when we talk about caps, there's not a need for some arbitrary number when the jury, which is a constitutional right to have a jury, has the ability to look at those financial hardships. So, for legislative intent, let me just go on a little bit farther because I don't want to stop at the Illinois Supreme Court. The U.S. Supreme Court has actually weighed on this. Are you aware of that, Jay C. Hoffman?"

"Yes, I am." 10300047.docx 77  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"Okay, great. So, the U.S. Supreme Court has noted, 'while any punitive damages imposed should reflect the enormity of the tortfeasor's defense,' i.e., the defendant, right? The second guidepost is the disparity between the actual or potential harm suffered and the punitive award to remind the reviewing court that the award should not be 'grossly out of proportion to the severity of the offense.' Again, while that's not numeric, it is a general formula that would cap the amount that would survive judicial discretion of what you could provide as far as punitive damages. And then, lastly, I will say, going back to the Illinois Supreme Court… and again, this all comes from the Illinois Pattern Jury Instructions. So, this is what Illinois courts provide to juries before they make a determination. Okay? The Illinois Supreme Court recently reduced punitive damage award to a ratio of 11 to 1 from an Appellate Court decision that was 75 to 1 for Local 150, right? And I’m not saying for them in a sense that they did it as a favor, but the point is the jury said 75 to 1. The Illinois Supreme Court said 11 to 1 was sufficient because they were taking into account the financial condition of that company. So, again, when we talk about caps and what we can do as a Legislature, I want to be very, very clear that the court has already provided for those in a constitutional manner. So, the discretion is there for the court, as opposed to the Legislature picking an arbitrary number. Were you aware of that, Jay C. Hoffman?"

"Yes, I was."

"Okay. So, I just wanted to make sure we had that in the record for legislative intent. And then, lastly, I'll just 10300047.docx 78  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 say this, and I said this in committee earlier, I find it incredibly offensive when all these businesses who get tremendous incentives of taxpayers' money to stand up their businesses, scale them, and, you know, and so on, and then turn around and say, when we do something very, very egregious, the very taxpayer, based on whether or not they live or die, should not be able to hold us accountable. I think that's offensive. I hope that people have listened to, at a minimum, what the courts have already said, not just Illinois, but the U.S. Supreme Court, and I really urge you to go ahead and vote 'yes'. Because this is good for individuals who want to make sure, or at least try to ensure, that reprehensible conduct that is frequent and that is attempted to be concealed does not go on in Illinois. So, thank you for bringing this Bill forward. I'm happy to be a cosponsor. I urge an 'aye' vote."

"Thank you."

"Representative McLaughlin."

"He indicates he will."

"I can't speak for business. I can tell you this is a pro-victims' families piece of legislation." 10300047.docx 79  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023

"Well, I think that… I don't think they're prohibited from being assessed punitive damages. This only deals with wrongful death. So, if you're an entity and you intentionally, recklessly cause the death of another, then if you did that, the court or the jury of your peers can then recommend and give punitive damages."

"I would say that way more are proponents than that, including the families of people who have been mowed down by the conduct of intoxicated drivers."

"Well, to say… to say that they aren't proponents, that they aren't proponents of this legislation so that the families that are left behind receive not only just compensation…"

"…but try to ensure… but try to ensure that those victims…"

"To the Bill."

"Representative DeLuca."

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

"He indicates he will."

"Thanks. Leader Hoffman, specific to the transportation industry is what my question is in regards to. Whether it's trucking or trains or airlines, they conduct scheduled maintenance. So, the question that I'm asking is, they identify that a piece of the equipment is not operating and it needs to be repaired. So, it goes on the scheduled maintenance list, but the equipment can still operate. So, from the time it's identified as in need of repair, before the scheduled maintenance takes place, there's a catastrophic event which causes death. So, would they be found as being irresponsible? Or would they be viewed as being responsible under this legislation?"

"Yeah. So… and it really is a factual determination. First of all, the… whether they get compensated, the injured person who presumably died, whether that family would get compensated is a… is a question of negligence. Okay? So, that's compensatory damages that you would receive if you are negligent. Now, the whole issue of punitive damages is a step further. And I believe Representative Tarver very well, he went into what all has to be shown in order to prove punitive damages. First, you must show the defendant's conduct was reprehensible. That includes the consideration of duration and frequency of the conduct and whether they attempted to correct or conceal that conduct. So, under your fact scenario, it doesn't sound like they did. So, I don't believe that the 10300047.docx 82  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 first prong would even be met. But if it were, then you must… the actual and potential harm inflicted upon the victim by that company, you must determine what is the actual or potential harm for future and then the amount of money that is necessary to punish that defendant. So, he has to create an intentional act. It has to be reprehensible. It has to be shown that they knew about it and tried to… could have tried to conceal it. If all those factors are relevant or prevalent or are there, then, potentially there could be potential punitive damages under your scenario. Under what you just indicated, I would say it's highly doubtful, especially since there have been only 18 cases of punitive damages that have been awarded in the State of Illinois in the last 10 years over $10 thousand. So, it's very difficult to get, and there are factors that must be proven before you can get it."

"Appreciate your answer very much. Thank you."

"Leader Hoffman to close."

"Yes, I'll… I'll try and be brief, but I want to complete a thought. First of all, let me just thank Representative La Shawn Ford who brought this to us several years ago, and it took us this long to get done for the victims of a terrible… victims' family of a terrible, terrible death, as well as Speaker Welch for championing this cause, and Chairwoman Gong-Gershowitz of… and Representative Tarver, as well as Vice Chair Ann Williams. So, this is something that when you talk about who supports it, sure, people who represent injured victims, people who represent injured people, people who represent injured folks that were wronged, whether… someone had the audacity to bring up Johnson & Johnson as opposing 10300047.docx 83  STATE OF ILLINOIS 103rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 47th Legislative Day 5/16/2023 this. Well, of course they oppose it. Why wouldn't you oppose it when you have, for years, been providing talcum powder that had caused women to get ovarian cancer and die. I'd oppose it too. I'd oppose it too. So, doesn't surprise me they're… they're against the Bill. What surprises me is that we can't be honest with ourselves and say that if they are conducting these types of behaviors that their behavior has to stop. Has to stop. And that injured people deserve just compensation and compensation to get that behavior to stop. I want to just read from the Illinois Supreme Court from a 1983 case. Here's what they said. 'In urging that we rule for the plaintiffs and ask that we consider the often-repeated adage that it's cheaper to kill your victim than to leave him maimed, and the possibility that the defendants faced with punitive damages claims may attempt to delay the proceedings until the plaintiff, who… who would then die. Persuasive as these arguments sound, we believe they are better addressed by the General Assembly than by this court.' So, today, we're addressing that. I ask for an 'aye' vote."

"The question is 'Shall House Bill 219 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, take the record. On this question, there are 75 voting 'yes', 40 voting 'no', 0 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Agreed Resolutions."

"Leader Buckner moves for the adoption of Agreed Resolutions. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Resolutions are adopted. And now, allowing perfunctory time for the Clerk, Leader Buckner moves that the House shall stand adjourned until Wednesday, May 17, at the hour of 11 a.m. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the… and the House stands adjourned."