Illinois House Floor Debate — April 3, 2009

"Good morning, Illinois. Members of the General Assembly, of the House of Representatives, please be at your desks. We shall be led in prayer today, April 3, 2009, by Pastor Shaun Lewis, who is the Illinois State Director of Capital Ministries, serving the political leaders, of all of Illinois. Members and our guests are asked to please refrain from starting their laptops and to turn off all cell phones, pagers, and our guests in the gallery are asked to please rise and join us in the invocation and the Pledge of Allegiance. Reverend Shaun Lewis."

Speaker Lyons: "We'll be led in our pledge today by Representative Sandy Pihos." 09600039.doc 1  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Roll Call for Attendance. Leader Barbara Flynn Currie, Democrats."

"Thank you, Speaker. Please let the record reflect that Representative Careen Gordon… I'm sorry… never mind. We have no excused absences to report this morning."

"Thank you, Leader. Michael Bost, GOP."

"Mr. Clerk, take the record. There are 117 Members present, we have a quorum and prepared to do the work of the people of the

Speaker Lyons: "Mr. Bost, for what purpose do you seek recognition, Sir?"

"Please proceed."

Speaker Lyons: "Welcome to the Capitol, enjoy your day. Representative Dan Brady, on page 26 of the Calendar, you 09600039.doc 2  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 have House Bill 37. Are you ready? We’re ready. Read the Bill, Mr. Clerk."

"The Gentleman from McLean, Representative Dan Brady."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 37 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. 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 Bill, there are 117 Members voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mark Walker, you have, on page 31 of the Calendar, House Bill 3970. Ready for the Bill? Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Cook, Representative Walker."

"Thank you, Mr. Speaker. This is a fairly straightforward Bill that requires the Department of Veterans' Affairs to fully staff the veterans' homes. We have five veterans' homes in this state. As Members are aware, some are understaffed. There's a waiting list for all of them, and there are empty beds in some of them. This is a directive to the Department of Veterans' Affairs to fully staff. Now, the… the question of funding, it… we're working with the Department of Veterans' Affairs in the current budget process to allocate funds, as they have committed, to fully staff and thereby operate at full capacity of these five veterans' homes. I ask for your 'aye' vote."

"Is there any discussion? The Chair recognizes the Lady from Brown, Representative Jil Tracy."

"Sponsor yields."

"Well, if the hiring cannot be accomplished, then obviously we cannot fill the homes. But…"

"They are working on a recruiting program that they believe will be successful." 09600039.doc 4  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"And they are funding that. And I believe it will be successful as well. I think it's a matter of focus."

"Yes."

"Right."

"They will… they will not be following the mandate of this Bill, but… I… I'm working directly with them and…"

"Yeah. The… I understand. That's… that's a good argument. The issue I have is that it seems we've been working on this for years, and I would like something fairly firm. My goal is to get these… these homes staffed and to work with the Department of Veterans' Affairs to do that. It's not… you know, it's not to just pass a Bill that is for form only."

"Right. Thank you."

"The Chair recognizes the Gentleman from Cook, Representative Durkin."

"Sponsor yields."

"It is subject to appropriation."

"What we're accomplishing is moving the process along."

"Right. The… I've worked with them. I've reviewed their… at least their piece of the purposed budget. They appear to have sufficient funding, at least in that proposal. We're working on reallocating the funds between the homes. So, I'm just trying to move the process forward and keep…"

"…it on top of the desk." 09600039.doc 6  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Right."

"Thank you."

Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan."

"Sponsor yields."

"Well, I do know a proposal that I worked on as a citizen that passed that allowed the Department of Veterans' Affairs to offer bonuses in the form of paying off student loans for nurses. I don't know whether that was funded."

"That was… did you? I was working with Senator Kotowski at the time. "

"Yeah."

"I would support a veterans' home in the Chicago area with the proviso, of course, if we can afford it."

"Yes, it is."

"Representative Bill Black."

"Sponsor yields."

"Well, the… the intent of the Bill is to send a strong message, and we agree with the Department of Veterans' Affairs, this is a very important goal and they've stated they agree with that. It is subject to appropriation."

"That's correct."

"Representative Walker to close."

"This has been an issue for veterans' groups and for veterans for some years. I just want to move this process along and I believe, in working with the Department of Veterans' Affairs, we may be able to… to make this occur this time. So, I would encourage a 'yes' vote."

"The question is, 'Should House Bill 3970 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. 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 Bill, there's 117 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative JoAnn Osmond, you stand for a personal privilege, Representative?"

"Please proceed."

"Welcome to the Capitol, Sir. Enjoy your day. Representative Roger Eddy, on page 16 of the Calendar, there is House Bill 2619. Mr. Clerk, what's the status of that Bill?"

"Representative Eddy on the Amendment."

Speaker Lyons: "Is there any discussion on the Amendment? Seeing none, the question is, 'Should Amendment #2 be adopted to House Bill 2619?' All those in favor signify by voting 'yes'; those opposed vote 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

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

Speaker Lyons: "The Gentleman from Crawford, Representative Roger Eddy." 09600039.doc 11  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The Chair recognizes the Gentleman from Lee, Representative Jerry Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Ladies and Gentlemen, to the Bill. In these times, usually when we have Bills like this, we're all pretty skeptical, but this is truly needed. These districts are trying to help themselves, and I think it helps… it's important for us to help them get back on track. I certainly urge an 'aye' vote. Thank you."

"Seeing no further discussion, the question is, 'Should House Bill 2619 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. 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 Bill, there are 95 Members voting 'yes', 22 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Brandon Phelps, on page 10 of the Calendar, is House Bill 1597. What's the status of that Bill, Mr. Clerk?" 09600039.doc 12  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

Speaker Lyons: "The Gentleman from White, Representative Brandon Phelps on the Amendment."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment 1 is just… it replaces the Bill and some cleanup language. It's for the coroners, raising some of their fees. They have not been raised in 20 years. And I ask for it to be adopted, please."

Speaker Lyons: "Is there any discussion on the Amendment? Representative Black. Seeing no further discussion on the Amendment, the question is, 'Should Amendment #… Floor Amendment' be adopted to House Bill 1597?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Phelp… Mr… Mr. Clerk?"

"Third Reading, and read the Bill."

"The Chair recognizes the Gentleman from White, Representative Phelps."

"Thank you, Mr. Speaker. This is an initiative from the coroners and medical examiners. They're just trying to raise some of their fees that usually only attorneys and insurance companies pay. They haven't been raised in 20 years. And I just ask for its passage." 09600039.doc 13  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The Chair recognizes the Gentleman from McLean, Representative Brady."

"Sponsor yields."

"Absolutely. And like I said to you the other night, and I really appreciate your help, Representative Brady."

"Right."

"Absolutely. And I know we've talked to Mr. Duffy about this, and I'd be glad to work with you on any of that."

"The Chair recognizes the Gentleman from Bond, Representative Ron Stephens."

"He yields, Sir."

"I just don't think they've done it. I know some of the other states around, you know, Michigan, Wisconsin have done it, and I just don't think they've done it in a long time and they're trying to do what us and the other clerks have done, like the county clerks, circuit clerks, some of that."

"Representative Stephens, and also to clarify on that, 95 percent of these fees are paid by insurance companies, investigators, and law firms. So that's…"

"Representative Phelps to close."

"Just ask for an 'aye' vote."

"The question is, 'Should House Bill 1597 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 71 Members voting 'yes', 45 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative David Leitch, on page 30 of the Calendar, you have House Bill 3841. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Gentleman from Peoria, Representative Leitch."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 3841 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Biggins, Golar. Kay Hatcher. Mr. Clerk, take the record. On this Bill, there are 104 Members voting 'yes', 12 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Fred Crespo, on page 30 of the Calendar, you have House Bill 3844. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Gentleman from Cook, Representative Crespo."

"Thank you, Speaker, Members of the House. House Bill 3844 amends the Department of Human Services Act. Specifically amends the purpose, duties and powers of the Inspector General for the Department of Human Services. It adds definitions to the statutes. The proposed changes will also enhance protections for individuals with disabilities. Will also have a positive impact on the operations of the office of the Inspector General. Happy to answer any questions."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 3844 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Jerry Mitchell. Jerry Mitchell. Mr. Clerk, take the record. On this Bill, there are 117 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jefferson, on page 27 of the Calendar, you have House Bill 537. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Chair recognizes the Gentleman from Winnebago, Representative Chuck Jefferson."

"Thank you, Mr. Speaker, Members of the General Assembly. This Bill simply amends the Act of '97. 09600039.doc 18  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Eliminates the penalties on any mortgage loans from this point on. And I would ask for an 'aye' vote."

Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"Sponsor yields."

"That's… yes. That's the basic intent."

"Well, Representative, as you noticed, as of the way the market is today, I think we need to give people an opportunity to relieve themselves of some of the penalties that they've charged with today, and I think this is just a move in the right direction to say, we're going to try and alleviate some of the problems that you have and if you borrowed money, you won't be penalized if you pay it back early. As we look at the banking industry from top to bottom, we know that we're in total disarray at this point. So, this is something we're doing for the little people, 09600039.doc 19  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 better put, probably the people on main street instead of maybe the people on Wall Street."

"Well, I understand your concern, but all this is doing is giving them a choice. There would be a explanation to them if in fact they decided not to pay the prepayment penalties, and there might have been a high interest rate charged at that point. Which is their choice at that point in time."

"The Chair recognizes the Gentleman from Lake, Representative Sullivan."

Speaker Lyons: "The Gentleman from Macon, Representative Flider."

"Yes, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields."

"Representative Jefferson, so, as I understand this legislation, it's simply making progress from the 09600039.doc 21  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 standpoint of those folks who have taken out a mortgage, just as somebody might take out a car loan, and what were saying here is that if you pay off that mortgage early, some how or refinance it with another loan with a lower interest rate, that you're not going to get penalized. I mean, is that what this legislation does?"

"That's absolutely correct."

"I mean, that just seems to be in the direction that we as a society have been heading. I mean, it almost seems atrocious that you'd have to pay anything if you pay a loan off early. Now I understand some of these… some of these may be in the provisions of contracts that people have signed, but let's face it, you know, if we're going to be defending companies like Country Wide for the kinds of practices that they've done when, you know, they've unscrupulously encouraged people to sign up for these mortgages that they can't afford. You know, I'm not about to, on the House floor, defend companies like Country Wide who have forced so many people into default on their home loans. I just think that this is something that is long overdue, and you know, I commend you for this legislation. This is something that is very important for people who are trying to work their way out of these mortgages that they find themselves in, subprime loans, et cetera. But in addition to that, some of these people are getting a double whammy because they're also the ones who are helping to… with their taxpayer funds, the taxes they pay, to bail out companies like Country Wide and some of these other corporate entities that are in a difficult situation. So, 09600039.doc 22  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 you know, if we don't pass this legislation, you know, shame on us. Thank you."

"Thank you."

"Representative Shane Cultra."

"Representative Beaubien."

"Sponsor yields."

"Representative Rose."

"Sponsor yields."

"That's not what the Bill does."

"Representative… Representative Jefferson."

"Yes. Representative, I took this out of the record last week when you were on vacation to give the Members a chance to study this situation. Since then, it's come back 09600039.doc 25  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 in. Representative Franks had some problem with it; he's okay with it now. So, I will not take it out of the record respectfully. Thank you."

"The Gentleman from Vermilion, Representative Bill Black."

"Representative Flider, for what purpose do you rise, Sir?" 09600039.doc 27  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Mr. Speaker, I heard my name in debate. Couple of times. Like to address this issue if I could. Maybe have another question to the Sponsor."

"Proceed."

"Yes. There… obviously we're starting to, you know, look at federal versus state situation. We obviously are State Legislators. We're not members of Congress. We are not federal regulators. And I think some of the actions that have been taken at the federal level, certainly the microscope that's been placed on… and the regulators honing in on some of these lenders, like Country Wide and others, has actually stopped many of these practices from already occurring. But what we have in Illinois is, the situation has not been stopped, and matter of fact, you know, the question here before us is, is this good public policy? For example, you know, you can't do this in other situations where you… you pay… well, I suppose there's Pay Day Lenders who, you know, we can't seem to get our arms around. We seem to let them get away with all kinds of travesties. But… you know, the fact of the matter is, you know, when it comes to somebody taking out a mortgage, you know, going to a bank to take out a loan… and I want to make it perfectly clear, we all ought to recognize this. When you… our community banks and our local lenders, these are the folks who are really people who have ensured that somebody comes in to borrow some money, they have the down payment, and they're going to be able to make that payment, and they've done the due diligence to make sure that that person should get that loan. They are not the problem. 09600039.doc 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 So, let's not make somebody… cast somebody as a villain who's not a villain, but what we are talking about here is, just a simple change in the law that's going to have a great impact in a competitive environment, in a competitive market. And if you don't like the mortgage that one company is choosing, go to another bank. Go somewhere else where they're going to charge you a competitive interest rate. Okay. Don't be flimflammed into some language that says, that, oh, you're going to have to pay a huge penalty if you pay your mortgage off. Let's just right now say that's bad policy. That's just a bad policy. Let's let consumers shop for the lowest rate. Let's have a level playing field. Let's not let them be duped into paying a lower interest rate and then having a prepayment penalty, if they can get their house in order, if they can get a better rate. It's just good policy. It's just… it's good politics, folks. Thank you."

"Representative Lang."

"Thank you. Will the Sponsor yield?"

"Sponsor yields."

"Thank you. Representative, throughout the course of this debate, it seems like the debate has wandered all over the lot, and we may have lost sight of what your Bill does. Can you just give us a succinct statement or two as to what this Bill does so we can get back on target?"

"All this Bill does basically is give the borrower a chance… a choice. Whether or not the banker offers him a higher interest rate, a lower interest rate, depending on whether or not they pay their loan off early. I think 09600039.doc 29  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 because of the situation we're in now with the country being the way it is, we need to have choices. You know, we are Legislators; we are supposed to be representing the people in our district. Most of those are the little people, so I think this is a good Bill. Simply, I don't think the Attorney General would be supportive of this Bill if it wasn't a good Bill. She says that this helps to actually curtail predatory lending. She's onboard with this. The Attorney General is mostly always on point, so how would you take a position like that if in fact you didn't think this was a good Bill? This is a Bill that regulates the State of Illinois. We cannot regulate Federal Government. We cannot do that, but we can start here in the state looking out for the people that we represent. So, that's why this Bill is here, and that's why I'm bringing it in this form."

"And so would it be fair to say that this Bill only regulates state banks?"

"Yes."

"Does it regulate state savings and loans?"

"We're checking that."

"Well, while you're looking for the answer to that question, let me… does it affect credit unions?"

"No."

"It does not affect credit unions?"

"I don't believe so. The answer is he believes that it affects both."

"I didn't hear you."

"It affects both." 09600039.doc 30  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"It affects both?"

"Yes."

"Savings and loans? And credit unions."

"Yes."

"Chartered in Illinois, I presume."

"Yes."

"All right. And so… is there a situation where it would be advantageous to the consumer to agree to a prepayment penalty?"

"I think there would be."

"All right. So perhaps you can explain then if there are situations where a prepayment of penalty is advantageous to the consumer, why you want to completely do away with them?"

"Because it's their choice. It's their option. And I think all this Bill is saying the banks and the lending institutions have to give them an option."

"All right, Representative. Thank you for your answers to my questions. I appreciate it very much."

"The Chair recognizes the Gentleman from Cook, Representative McCarthy."

"Thank you, Mr. Speaker. I move the previous question."

"The Gentleman moves the previous question. All those in favor say 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the question is so moved. The question is, 'Should House… Representative Jefferson to close." 09600039.doc 31  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Thank you. Mr. Speaker, this is an excellent Bill. This is an excellent Bill, and like I said before, the Attorney General is onboard with this. She says it curtails predatory lending. We service the people in our district to a majority of the time, the little people that oftentimes run into situations where we need to make sure that we're doing everything we can to help them in whatever way we can. This Bill gives them a chance to eliminate some of those penalties that they often face when they're taking out mortgages. Why should you be penalized at all when you take out a loan, if in fact, you can pay it off earlier with a better mortgage… a better interest rate from another bank or through a credit card or whatever the case might be. You know, we're saying to them, you don't have a choice. We're not going to give you a choice. We're going to continue to do you the same way we've been doing you for the past however many years. That's why we're in this mess as we are today, with people losing their homes at a rapid pace. People out here that can't afford to go and buy another home because they have so much debt with the people that charged them the penalties that made this happen. So, this is a great Bill. I think it's for the little people. We have to do everything we can to support the people that we represent in our respective districts. If you vote against this, then it's going to be up to you go back to your respective districts and tell the people that you represent, why you voted against something that would give them another option to maybe save a few dollars. You vote against this, that's your prerogative to go back and have 09600039.doc 32  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 to explain to those people in your district that you voted against it because you were for the banker. You were for the community bankers. You support them versus supporting them in your district. If you vote against this, then you're saying that you agree with what the banks are doing to the people that you represent. So, I don't understand what portion of this you don't understand. This is a good Bill; it's supporting the little people, and if you're against this, then obviously you aren't for the little people. So, I would say to you, vote your conscience but be prepared to go back to your districts and explain to the people in your districts, the ones that you're supposed to be representing, why you voted against this Bill. This Bill gives the people options in the district. I would ask for an 'aye' vote."

"Ladies and Gentlemen, there's been a request for verification from Representative Chapin Rose, I believe, asked for verification. Members, please vote your own switch. The question is, 'Should House Bill 537 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Gordon, May and Ryg. Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 65 Members voting 'yes', 49 Members voting 'no', 1 Member voting 'present'. Mr. Rose, do you wish to proceed with your verification?"

"Members, please be seated. Staff, please go to the back of the chamber, please get off the floor momentarily for the verification."

"Mr. Rose, we got to read the list of those voting in the affirmative. So, Mr. Clerk, read the list of those voting 'yes'."

"Representative Chapin Rose."

Speaker Lyons: "Is Representative Eddie Washington on the floor? Mr. Clerk, remove Representative Washington."

"Representative Connie Howard on the floor? Mr. Clerk, remove Representative Howard."

Speaker Lyons: "Representative Chapin Rose, Representative Davis wishes to leave." 09600039.doc 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

Speaker Lyons: "Representative Davis, you… Representative Davis is here. Mr. Clerk, put Representative Washington and Representative Howard back on the Roll Call. They are in the chamber."

"Representative Acevedo's in his seat, Sir."

Speaker Lyons: "Representative Hernandez is right next to Representative Acevedo."

"Right next to Representative Hernandez."

"You're 4… you're 0 for 4, Representative."

"The first… the first row is here."

"He's… he's MIA for sure."

"Representative Arroyo's in the rear of the chamber, Sir. Further, Mr. Rose?"

"Representative D’Amico's in his desk."

"Representative, she is at her desk."

"At her desk, Sir."

"I don't know. You see Representative Burke? I see Representative Burke, Sir."

"He's at his desk."

"At his desk."

"Representative Rose, all these people are in their chairs."

"Thank you, Representative Rose."

"Mr. Clerk, take the record. On this Motion, there are 65 Members voting 'yes', 49 Members voting 'no', 1 Member voting 'present'. House Bill 537, having received the Constitutional Majority, is hereby declared passed. Representative John Bradley, for what purpose do you seek recognition, Sir?" Bradley, J.: "If I could have the Members attention on a serious note. Over in the east balcony, we have two members of the Illinois National Guard, Specialist Allan and Specialist Travelstead, who are on their way to Afghanistan. Let's have a round of applause."

"God bless you, gentlemen. Be safe. The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan. For what purpose do you seek recognition?" 09600039.doc 36  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

Speaker Lyons: "The Chair recognizes the Lady from Lake, Representative JoAnn Osmond."

"Please proceed, Representative."

Speaker Lyons: "Happy birthday, Renèe. Many more. Representative Bill Black, what purpose do you seek recognition, Sir?" 09600039.doc 37  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Quiet, Representative, please."

Speaker Lyons: "Mr. Black, the Journal will reflect your wishes. Representative Sid Mathias, on page 28 of the Calendar, you have House Bill 670. Read the Bill, Mr. Clerk."

"The Gentleman from Lake, Representative Sid Mathias."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 670 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Currie, Dugan, Flowers, Careen Gordon. Mr. Clerk, take the record. On this Bill, there are 77 Members voting 'yes', 40 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative John Bradley, on page 26 of the Calendar, you have House Bill 182. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Chair recognizes the Gentleman from Williams (sic-Williamson), Representative John Bra…" Bradley, J.: "Thank you, Mr. Speaker."

Speaker Lyons: "Mr. Bradley, one moment. The Clerk is informing us. Mr. Clerk, what's the status of that Bill?"

"Move that Bill back to the Order of Second Reading for the purpose of the Amendment. Which Amendment, Mr. Clerk? What's the status of that?" 09600039.doc 39  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The Chair recognizes Representative Bradley on Floor Amendment #1, John." Bradley, J.: "Yeah. This is mostly a technical Amendment. I would ask that we can move it to Third and then debate the Bill on Third. It's a gun Bill."

Speaker Lyons: "Is there any discussion on Amendment #1? Seeing none, all those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #1 is adopted. Anything further, Mr. Clerk?"

"Put that Bill on the Order of Third Reading, and read the Bill, Mr. Clerk."

"Representative John Bradley." Bradley, J.: "Thank you, Mr. Speaker. This is a piece of legislation which addresses a court decision where a man was charged with unlawful use of a weapon which is a very serious offense, because he had a weapon that he was otherwise lawfully entitled to have, but not at his abode, at his sister's abode. And this would simply clear up the definition so that someone that possessed a firearm within a private dwelling as an invitee would not be subject to the unlawful use statute. Ask for an 'aye' vote." 09600039.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"You've heard the Gentleman's explanation. Is there any questions? The Chair recognizes the Gentleman from Cook, Representative Osterman."

"Will the Sponsor yield?"

"Sponsor yields."

"Representative, first I want to thank you for letting me know you're bringing the Bill up. You say that this legislation is focused on a situation where an individual was… got a UUW for carrying a firearm at a friend's house or a sister's house?" Bradley, J.: "Yeah. I don't want to embarrass the person. I actually have the case here if you'd like to look at it."

"I don't want their name or…" Bradley, J.: "Okay."

"As long at it's not a cousin of yours." Bradley, J.: "If there was, it was in the… it was in the… I can't… I think it was the first district, I'm not sure."

"Here… here's a significant… you know, question I have, and that is that under the Bill the way it's written, and let me just say that some of the people that write this, and I'm not saying that you wrote this, but what the legislation says and if everyone on the Body will listen, it says, 'a legal dwelling or a place where he or she is an invitee therein'. And I understand what you're saying and the focus of what you're… you're… the lawsuit case is, but isn't that pretty broad? 'Cause there's no… also, there's no definition for legal dwelling or a place where therein." Bradley, J.: "Well, that was the problem in terms of the state taking a very restricted definition of 'abode'. And so, we 09600039.doc 41  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 were hoping through this legislation and the fact that we're specifically addressing this case which is clearly identified, that this would not be anymore than what we intended for it to be. I'm not trying to…"

"And I'm not trying to be coy, but I mean, this is wide open. So, I mean, the Sportsmen Caucus rents out the state fairgrounds and you invite me in. I can bring in a concealed weapon because that's a place where I'm an invitee. It doesn't say the invitee is a specific relationship, it says an invitee. So… a VW hall, a park, there's no… there's no confinement to that." Bradley, J.: "So, I understand your point with regard to…"

"Will you agree with my point?" Bradley, J.: "Well, I understand your point. I think…"

"Do you disagree with my point which you usually do when it comes to firearms, you pretty much… you knock me back and say I disagree with your point and here's why. Here's bing, bing, bing. You're noncommittal on this, leads me to believe and should lead everyone else to believe that I might be right on this one. So…" Bradley, J.: "So, then the trick in that…"

"Here's my point to you, Representative, you know…" Bradley, J.: "Okay."

"…specifically is…" Bradley, J.: "I'm not going to try… I'll let you go."

"This need… this is way, way too broad. And I acknowledge that if there's an individual who was charged and there's a court case that backs it up then, people in this building should be able to define that. But Ladies 09600039.doc 42  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 and Gentlemen of the House, the way the Bill's written right now, it's wide open. And legal dwelling could be a home, legal dwelling could be anywhere and a place where someone's an invitee can be wide open. There's no definition. If the Sponsor is intending on trying to have this Bill be related to the court case, and I trust that he is, as a Gentleman Legislator, I would simply ask him to work with the Senate Sponsor to confine that. And I would ask the Sponsor if he's willing to do that?" Bradley, J.: "Am I willing to do what?"

"Are you willing to define what is a legal dwelling? Are you willing to define a place wherein so it's not the Sportsmen's Caucus, you know, renting out the state… the state park and having a thousand people for conceal and carry day or anywhere? And he…" Bradley, J.: "I think dwelling's…"

"And…" Bradley, J.: "I think dwelling's pretty clear. I mean…"

"I know, but it says…" Bradley, J.: "I don't think anyone would consider Target to be a dwelling."

"Okay. Legal dwelling. But then you say, or a place where he or she is an invitee therein and place can be any place. A place could be… you could invite me into this chamber and say, 'Harry, I'm inviting you into the chamber. Today's conceal and carry day in the Statehouse, so you can bring your conceal and carry in'. And the other point which, you know, we talk about ambiguity and people sometimes illegally getting charged for things. Quite 09600039.doc 43  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 honestly, for those people that might be illegally charged, in kind of your case, this is wide open and if I'm a law enforcement or state's attorney, who am I going to charge?" Bradley, J.: "So… I mean… I understand your points, and at the end of the day, we're just going to make a policy decision here, and ultimately the courts are going to interpret this anyway."

"Will you agree to work in the Senate to tighten it up?" Bradley, J.: "I'm not going to make any commitment to actually make a change, but I'm always willing to talk to people and listen."

"Okay."

"Harry, your time has expired. If you could conclude your remarks, we'd appreciate it. I'll give you another minute."

"Well, Ladies and Gentlemen of the House, I don't argue with the Representative's point on what he's trying to do with the case, but everybody on this floor should be aware that this goes way broader than that. And… they should be very concerned about it, on both sides."

"The Gentleman from Cook, Representative John Fritchey."

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

"Sponsor yields."

"Representative, if I could continue on that point, but let me see if I can draw a little bit of a narrower focus on it." 09600039.doc 44  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Bradley, J.: "Is Representative Fritchey wearing a tie? I don't like to be cross-examined by people not wearing ties."

"Representative, you've probably been cross-examined by worse. Let me ask you a question, though. I think that the point that Representative Osterman was trying to draw on here is this one. For purposes of the record as well as for purpose of everyone's education here, when we're talking about the legal status of somebody being an invitee, a hotel guest is, in fact, treated as an invitee under the law. Is that correct?" Bradley, J.: "Yeah, that's correct. I think. Well, okay, so my knowledge, it's been a while since I actively practiced in that field."

"Do you have a law degree?" Bradley, J.: "Huh?"

"Do you have a law degree?" Bradley, J.: "Let me ask staff. They indicate that I do. So, basically, as I recall, the old common law distinctions in terms of invitees, permissive users, are things which we still talk about in abstracts, but which don't carry the same legal definition as they once did. So, the term is used in here. It's not quite as precise as it once was, I think."

"Well, here…" Bradley, J.: "So, you know, you could… could you hold…"

"Here, John. Here, do you and I don't need to go in circles. Would you be willing to concede that the law has historically treated a hotel guest for purposes of 09600039.doc 45  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 liability, et cetera, a hotel guest is treated as an invitee under common law?" Bradley, J.: "I would think that if this were to pass and become law, that a hotel guest, within their private residence of the hotel, this would protect them."

"And I'm not taking a position one way or the other at this point. What I'm saying though is, I want the Body here to understand that the impact of this law as you intend it, is that an individual would be able to keep a firearm in a hotel room with them." Bradley, J.: "That's definitely would be something that we would hope would be covered, yes."

"I'm sorry, John. I don't think I can hear you." Bradley, J.: "Yeah. That's… that's definitely something that we would hope would be covered."

"Okay. So, for whether it's legislative intent or clarification, it's your intended understanding if this Bill were to become law, would not just allow someone… there's a couple of scenarios here. One scenario is, I am staying over at your house. I'm allowed to keep a firearm with me, and that gets to the concept of dwelling as most people would think about it here. But this would also then say, were I to be staying at a hotel overnight, I would be within the law, should this become law, to keep a handgun in my hotel room with me?" Bradley, J.: "I think you… I think the way I would contemplate or read this law, if this law passed, you would have the right within your hotel room, to have a firearm and not be charged with a crime." 09600039.doc 46  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Is it your… is it your intention… does this Bill preempt Home Rule?" Bradley, J.: "What's that?"

"Does this Bill preempt Home Rule?" Bradley, J.: "No. I don't think so. You know what, you… you've pulled that on me the first gun Bill I had. And I didn't even know what Home Rule was then."

"You got a good memory for a young man. Okay. And John, it's… you know, it's not a funny issue." Bradley, J.: "No."

"I just… I want to make sure people understand." Bradley, J.: "It doesn't preempt Home Rule."

"They're… they're going to agree with the issue what you're trying to do our not, but I want the people not to think that they cast a vote that this would allow a firearm solely in somebody's home. It would allow a firearm in a hotel room. People need to be cognizant of that fact." Bradley, J.: "Yeah."

"All right. Thank you."

Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Debbie Graham."

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

"The Sponsor yields."

"Representative, for the sake of me not really hearing over the noise, can you explain to me again what your Bill does?" Bradley, J.: "Yeah. There was a case where a gentleman was charged with unlawful use of a weapon, because he wasn't in his legal dwelling or abode, he was in a family member's 09600039.doc 47  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 legal dwelling or abode. The purpose of this law was to clean up that interpretation by court. I think it was up in the first district, and that was the point of this piece of legislation."

"So, if I'm a guest of someone, if they invite me to come to their home, I can then in fact bring my gun with me whether or not I tell the people that I'm visiting, I'm bringing it with me because I'm a guest, I have a right to bring it. Is that what this is about?" Bradley, J.: "Well, it says that if you're at your sister's home or your brother's home, and you're in possession of your own firearm or one of their firearms, you're in the house and they have a gun, you wouldn't be charged for unlawful possession or use of a weapon. And so…"

"Well, what if the homeowner didn't know that you had a gun but this law would give them the right to carry the gun. So, would you tell the person that you're being invited to his house, can I come and bring my gun too?" Bradley, J.: "I would hope out of good manners and general decency that somebody would do that."

"You said it would be just decent if someone did that?" Bradley, J.: "I would hope out of good manners and general decency that if you invite someone into your home that… I mean you would have the…"

"Representative, I believe that you would do that, but some people feel so passionate and privately about their handguns, that they don't feel that they have to tell people that they have their handguns on them." Bradley, J.: "Yeah." 09600039.doc 48  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"So, I would think that would make me a little concerned with the legislation that people would not tell you're, may I come to your… you inviting me, can I bring I bring my gun with me? I think that this legislation takes us down a slippery slope. Would an establishment like a hotel be able to have rules and regulations to say, handguns not allowed?" Bradley, J.: "I'm sorry. I couldn't hear you for the noise. I'm sorry, Representative."

"Would this piece of legislation allow for establishments like hotels to create rules to say that handguns are not allowed?" Bradley, J.: "I think this has to do with a different aspect of that which is whether or not someone that possessed a firearm in their hotel room could be charged with a felony."

"The question is, would your law… would this law prohibit establishments from creating laws that says guns are not allowed or…" Bradley, J.: "I think… I think a hotel… I think a hotel civilly could potentially attempt to do that, and I'm not saying there wouldn't be a lawsuit over it. But the aspect, that would be a civil issue versus a criminal issue. If they had a rule like that and someone violated the rule, they could have a civil issue but there wouldn't be a criminal case filed under Illinois State Law. Does that make sense? In other words, they would… get to be an issue over whether or not they had the right to restrain." 09600039.doc 49  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"So you're saying that this law… this does not tell the handgun carrier that he has to disclose to the hotel? He doesn't have to disclose to the house that he's visiting? I mean I hear you saying that it's only good manners that he should." Bradley, J.: "Yeah. No. I…"

"But it doesn't say that he has to disclose that I have a handgun." Bradley, J.: "This only comes up… right, this only come up…"

"So, if the person is visiting…" Bradley, J.: "…when someone is charged with a criminal…"

"…someone's home, and the person has children in their home, and he feels he wants to carry his gun the way that he feels most comfortable to gain quick access to it, not shackled down, not with a trigger lock, 'cause I understand people with their handguns who want to defend themselves, who really don't take into account the environment around them or the people who they're with, because it makes them comfortable and… but there's a possibility that the people that they're with have become unsafe." Bradley, J.: "We just disagree on that issue. And it's just a policy that… policy decision which we respectfully disagree on."

"So there's nothing in your law, this Bill, that says you have to…" Bradley, J.: "No."

"…disclose to a person…" Bradley, J.: "There's no disclosure…"

"…that you're carrying a handgun?" 09600039.doc 50  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Bradley, J.: "There's no disclosure requirement because the only way the Bill comes up is if someone is criminally charged."

"Oh, I…" Bradley, J.: "If… if a…"

"I… I have a piece of… I have a piece of legislation like that as well, that sometimes you wouldn't even know the person had it, not unless an incident happened, but you guys seem to be in strong opposition to that when someone else brings it, but I'm suppose to take it… you know, at will." Bradley, J.: "I don't expect you to vote for this."

"I appreciate that, Representative, for your honesty. To the Bill, Mr. Speaker. I think this Bill takes us down a slippery slope. The Bill does not tell the handgun carrier to disclose to the people that he's visiting with that he has a handgun. It doesn't…"

"Debbie, we'll give you another minute to finish your closing."

"Doesn't say how he has to lock the gun down or any of that. It doesn't direct him how to secure his gun if he's visiting someone in the house that has children in the home. I understand people wanting to protect themselves in their own home dwelling. I understand the Second Amendment, and I understand the passion that the people have to be able to carry that. But I think if we open this… we allow this Bill to pass, that other issues are going to arise from it, and I would respectfully ask of my colleagues, just for one minute, put aside the big fight 09600039.doc 51  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 that we always have over handguns, and think about the many environments that these guns are going to be going in to, and the possibilities of accidents happening. That if we can prevent just one accident from happening, I think we should take that time to think about that. I would urge a 'no' vote on this legislation. Thank you."

"The Gentleman from Bond, Representative Ron Stephens."

"The Gentleman yields, Representative." 09600039.doc 52  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The Chair recognizes the Gentleman from Cook, Representative Jim Durkin."

"Sponsor yields."

"The Chair recognizes Democratic Leader, Barbara Flynn Currie."

"Thank you, Speaker. First I have an inquiry of the parliamentarian. Does this Bill preempt Home Rule; and if it does, what is the vote requirement? And to the Bill, while we wait for the parliamentarian to answer the question. There was an Appellate Court ruling that seems to me, reasonably and rationally, defined the current statute which says that you can have weapons in your abode, to say that your abode is where you live. It's your home. It's where you are 365 days of the year. Well, some people 09600039.doc 54  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 think that they want your gun to be with you when you're going to a hotel or if you're a college kid in a dormitory room, or if you're planning to sleep in your car overnight, a trucker in a cab, for example. And what this Bill does is to say, yeah, we do mean you can carry that gat into the hotel room, into the dorm room, into the tent when you're summer camping. And then further, it says if you're invited. Invited, what does that mean? I invite you to the Taste of Chicago. Does that mean you can bring your gun with you when you decide to take me up on the offer? I think this Bill is totally hopeless when it comes to protecting the people of the State of Illinois, the children of the State of Illinois. And I would urge my colleagues to join the City of Chicago, the County of Cook, and me, in voting 'no' on this Bill. And again, to the parliamentary question."

"Leader Currie, the parliamentarian is going to get back to you on that. He'll get back to you in a second, Representative. Before we go to the vote, the parliamentarian will address your question. The Gentleman from Jasper, Representative David Reis."

"The Sponsor yields."

Speaker Lyons: "Barbara Flynn Currie, in response to your question the parliamentarian… and Representative Reis, the parliamentarian will address the question."

Speaker Lyons: "Representative Collins. Annazette Collins. You're recognized on the Bill."

"Thank you, Mr. Speaker. Will the Sponsor yield? Bradley, now in Chicago it is illegal to carry a gun in Chicago, period." Bradley, J.: "There is a gun ban in Chicago."

"Right. So, now… so, if someone came to a place and had a gun that was in an illegal place, like say your friend came to Chicago and it's illegal to carry a gun in Chicago, then that person still would not be able to carry that gun in Chicago, right?" Bradley, J.: "This does not… this does not change other gun laws."

"Yeah. Thank you."

"Representative Bradley to close." Bradley, J.: "I think we all probably have a idea of where we're at on these issues. And I would ask for an 'aye' vote." 09600039.doc 57  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The question is, 'Should House Bill 182 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 72 Members voting 'yes', 45 Members voting 'no', 0 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, the Chair recognizes Representative Dan Brady for the purpose of an announcement of personal privilege. Can I have your attention for this, please, Members?"

Speaker Lyons: "Thank you, Mr. Brady. Representative Bob Biggins, for what purpose do you seek recognition, Representative?"

"Representative Brady."

"Representative Brady."

"Representative Biggins, I do not know, but I will certainly refer it to the parliamentarian if he has an opinion on that. I certainly share your passion on the issue as we all do."

"Representative Brady."

"Please."

"Representative John Fritchey."

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

"Please proceed."

"Ladies and Gentlemen, we all know members of the judiciary and judges every day are faced with a number of difficult decisions, some of which we'll agree with and some of which we won't. I happened to have read a good amount of the history of this case, but I would admonish, 09600039.doc 60  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 with all due respect, anybody in this Body trying to single out publicly a member of the judiciary in what is obviously a tragic and heinous case, was obviously an unfortunate situation, but to do so in lightly couched language saying that a judge knowingly signed an order that led to the deaths of two children is a terrible, terrible thing and unwarranted thing to put on the head of any human being, to put on the head of a member of the judiciary. I… I don't know the judge. I don't know if he's a fine judge or a bad judge. I know from what I've read that he appears to have complied with the aspects of the law. If there are problems with those components of the law, that falls on us to revisit it and correct those issues. But at this time, I think Representative Brady was absolutely correct in saying our focus should be on the fact that there were two innocent boys that are being buried today. Our focus could later on be on the fact that maybe changes need to be made in the law, but I think it is very dangerous and unwarranted to try to lay that tragedy at the feet of a judge who was simply following the law. I would hope that we would tread exceedingly, exceedingly carefully before making statements even in the moments of passion and even with the best of intentions that changes need to be made. It is one thing to say there's a problem with the law; it is another thing to say that perhaps there should be an investigation into the law; it is quite another to try to lay the deaths of two young boys at the foot of a judge. Thank you."

"Representative Biggins." 09600039.doc 61  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Representative Fritchey."

"Thank you, Speaker. Why this needs to be prolonged is beyond me. Decorum and respect for this institution will prevent me from responding the way that I would prefer to, but I'll be damned if you're going to say I'm afraid of looking into this. I try to very respectfully say that I understood what was driving your comments, but I thought it was reckless to publicly try to lay the deaths of two kids on… at the feet of a judge when you don't know everything behind this case and neither do I. But you've got to be kid… I've known you way too long. You say I'm afraid of looking into this fact. This isn't my district; these weren't my family members; this isn't a judge that I know or have ever heard of before. We can disagree on this. I try to respectfully make a point. You want to personalize it. And you want to try to accuse me of my motivations. You ought to be ashamed of yourself."

"Representative Art Turner. Mr. Clerk, what is the status of House Bill 45? Read the Bill, Mr. Clerk." 09600039.doc 62  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The Chair recognizes the Gentleman from Cook, Representative Art Turner."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I bring to you a Bill today that… and I know there's been a million of editorials written about this Bill, and so I just want to clarify some points in terms of what my intention is with House Bill 45. And we know that prison overcrowding is a very real issue, and that's not the full intent for this legislation, but it is certainly a solution in dealing with our prison overcrowding situation. I want to clarify and let people know that this is not a get out of jail free Bill, that I'm not trying to release murderers, in fact, murderers would not even qualify for the legislation that I'm proposing here today. But their statistics have shown that men and people over the age of 50 very seldom recidivate in terms of committing crimes again. We have over 301 prisoners who would probably be eligible for this legislation, if it were to pass. There are a few things that should be… that I'd like to clarify at this point. This Bill would say that if a person is over 50 years of age, and I chose the age of 50 because statistics have shown that if you're a person that has served 25 to 30 years in prison and you're 50 years old, your body… or you're not actually 50 years of age but you have the body probably of a 60-year-old or 65-year-old, if you think about a person being confined in a 9 by 12 cell for 30 years. And so, although I say 50, I'm… I would be 09600039.doc 63  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 willing to amend this Bill, it could be 55, it could be 60, but what I'm saying is that people who have served at least 25 or 30 years in prison tend not to recidivate. This is an agreement that researchers have proved… proven this over the years. We spend some 25… $23 thousand a year to keep people incarcerated in prison. I think the department says that they think it's as high as $30 thousand, but if you take into consideration an elderly prisoner, we spend as much as three times that amount, so anywhere from 70 to $90 thousand a year we spend to keep men who are over 60… over 55 years of age in… incarcerated. Many of them have health issues and that's the reason that the cost is so much higher. They suffer from diabetes, kidney failure, heart failure. So, we spend an exorbitant amount of money keeping prisoners there. Research also has indicated that in 2003, there were 492 prisoners paroled that were age 50 years or older. Of that… of the 492 people that were paroled, only 39 people, I won't say committed another crime, but they were recommitted for technical violations. And I should clarify that, these were technical violations. Only 7 of the 492 recommitted new… new crimes, and so if you take into consideration, those numbers alone, that's saying that the recidivism rate for just that population of 492, is less than… it's actually 1.5 percent. National studies show that men over 50, and I say men, you know, and I'd just like to clarify that, people over 55 years of age, less than 2 percent of those people who have been released from prison ever return back. An Ohio study showed that people age 50 and older who served at least 25 years 09600039.doc 64  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 committed zero crimes during the period of 2002 and 2003, and 14 percent of those were committed for technical violations. So the question becomes, at what point has a person served his time? You know, has he been… I should say the real question becomes, is prison a place where we're to punish or we are also to try to rehabilitate? And I think that probably best sums up how we view prisoners here in Illinois. Many of the men that are incarcerated we provide very little training for them while they're there. And then these very people are then let out, come back to our communities with no help. The feeling is, at this point, let me clarify how they would be released. This isn't an automatic, as I said, out of jail free. The individual would have… the prison… he would have to make a petition to the Prisoner Review Board for release. The Prisoner Review Board would then take into consideration the behavior of this individual for the last 30 years, recommendations from guards, you know, has this person shown remorse. Has he tried to do some things to improve himself while he was there, i.e., receiving his GED, going on trying to get an AA, or any type of certifications that may be available in prisons. At the point that the member or the prisoner would make this petition, victims' families would be notified, so they would have the ability to come and make a presentation before the Prisoner Review Board. If the Prisoner Review Board feels that that offender is not eligible or has not… has not changed, then they would deny it. That individual would only have one bite at the apple. So for those guys that are over 50 years old and has served 09600039.doc 65  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 30 years, they would have one opportunity to go to the Prisoner Review Board. If the Prison Review Board felt that this person was a changed person and that he…"

"Go ahead, Art, continue."

"…that he in fact has served his time, then the Prisoner Review Board would make that decision. So this is not get a out of jail free. Murderers, and I want to clarify that, murderers are not eligible for this ability to be released, and if you keep in mind that there are a number of Class X… we have a number of people that are incarcerated, some who have long-term prison sentences, are there for drugs, drug-related crimes. Seventy-five percent of the men that are incarcerated in the Department of Corrections currently, are there because they either sold drugs, used drugs, or some crime was committed that was drug-related. And so I know that… that there are those who are concerned about, you know, what about the victim, and I too am a victim and have family members that have been victimized. But I also believe, and I think that many of us here believe that people can change. If you believe, that people can change, then you would support this legislation. If you don't believe that a man can change that, you know, that there is no remorse that, you know, once a bad guy, always a bad guy, then I would suspect that you would probably vote 'no' on this legislation. If you believe that people can change, that people just by virtue of having served 30 years in prison can be a different individual, then I would expect you to support this 09600039.doc 66  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 legislation. And I would be open to answer any questions that any Member have on this Bill."

"Representative Dennis Reboletti."

"Sponsor yields."

"That's correct."

"Well, they're…

"Let me say this. People who are convicted… who have been given a death penalty would not be eligible. Murder would be eligible, but people who have not… who have the death penalty would not be eligible. In fact, we right now, there are murderers that are let out on a regular basis. So, I do stand corrected. Right now, they are… you know, you get 7 to 14 if you commit a murder."

"In fact, you get… you can get out of jail faster for committing a murder then you can for some drug crimes in this state. And at the rate we're going, it's going to be more of that. And heaven forbid, if you're a sex offender. You could… in fact, you'd be better off committing murder than you would be a sex offender in this state." 09600039.doc 67  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The PRB board would make that determination. And I'm not trying to let sex offenders out. If he's not a changed person, if he has not done anything in terms of showing that he's a different individual, and it would be the PRB board in… with… in conjunction with recommendations from the guards, and their activity while, you know, violations that they may have committed while they were in the prison, that would be a determining factor. So again, this is not just, okay, I've served 25 years, let me go and I should be able to get out."

"But there are a number of prisoners under the guidelines of this same General Assembly. We changed the law, I think it was '72 when we eliminated parole in this state, and you've got guys that are in there that are caught in this web, and I think that's part of this 301 individual, that because of our change in the sentencing, and as you say, they are C numbers who would be eligible but, you know, they're there because the Legislature changed the law. And so their ability to be able to be paroled, which no longer exists here in this state, changed because of a change in our law. And I think that, you know, in a case… and I should clarify, these are people again who have shown some remorse. I'm not talking about a guy that's there 25 years, 30 years, and he's the number one gangbanger in the prison. He's still running… you know, running around in the prisons like he is in the street. One who's giving guards… you know, that they have to send them to Tamms and keep their eye on them. But I'm talking about individuals, and there are a number of them there, in fact, the institution utilize some of these people. These guys are working in the offices in the Department of Corrections. They're doing administrative duties there in the Department of Corrections. So the department itself know that they are no longer violent, 09600039.doc 69  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 that they're no longer a threat to mankind, and we're spending $70 thousand a year to keep that guy there. And as I said, many of them are… are of poor health."

"You know, there are people with poor health that are still working. So, hopefully, they would be able to do something. The one job that they might be able to do is talk to some of the young gangbangers on the street to tell them that… you know… we could…"

Speaker Lyons: "Representative Reboletti, your time has expired. If you could conclude your remarks. And Representative Turner, continue with your answer, then we'll go to the next person of which we have a lot of people to speak."

"The one thing that these guys who, you know, they could be role models for some of the young people today to say this is what you don't want to do this. Look at me, I've spent 30 years in prison and look at where I am today. I think young people need to hear more from guys who have been in there, versus going into prison and then learning how to be a criminal while they're incarcerated there."

"Representative Stephens."

"Representative Connie Howard. Representative Howard."

"Yes, thank you very much, Mr. Speaker. Representative Turner, as you know, I am very close to criminal justice issues, and I'm also very concerned about this population 09600039.doc 72  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 of individuals who have served for some time and who I believe deserves, redemption and they deserve to be able to atone for some of the things that they've done. I think it's great that you have put in the… make… developed a standard so that not just everybody can apply for this. Let me ask a question. You say that… that the families of the victims or the victim can make statements before the Prisoner Review Board at the hearing regarding this process?"

"That's correct, Representative. They would be able to be there at the hearing that the prisoner requests. That's correct."

"Are those statements made by the… by the families or the victim, are those given as much weight as the other things that you talked about: the rehabilitation, whether or not the person has demonstrated remorse, whether or not the individuals who have be re… interacting with that individual for those many years, feel that that person has really done things to deserve being treated in this manner?"

"Representative, those statements would be… certainly they would be given the same weight. I do not want to take anything away from the victims of the family, and the review board would have the ability to hear it and take that into consideration. Absolutely."

"Again, I think that this is… is a piece of legislation whose time has come, and I certainly hope that my colleagues will look at this and do think about our ju… Judaeo-Christian ethic and that is that, there is a time 09600039.doc 73  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 for people to be forgiven. I think that after 25 years in incarceration, if that person is at least 50 years of age, that there is… there should be some consideration for allowing that person to demonstrate that they can now go out into society. I hope that all of my colleagues will vote 'yes' on this legislation. Congratulations to you, Mr. Turner."

"Representative Rosemary Mulligan."

"Yes, I will."

"Sponsor yields."

"Representative… Yeah. Representative, right now you have the safer… in Cook County we have the Safer Project. In my district, I have a church that has set up a… it's called the Hope House. We've got 75 men that have been released from prison that are now staying at this facility. They live two… it's not even two blocks. They live right across the street from me. These guys have been incarcerated for a number of years. Most of them have been on drugs. There's been one or two murderers there that are now in that facility. One of the things that we provide, and in fact, in this Bill what we're saying is, they just don't get out. I'm requiring community service. I'm requiring… that even they have electronic monitor for six months to a year, so that we can keep up with them. But there are some facilities currently right now, most of them are faith-based or ran by a non-for-profit, not enough, but we're not talking about releasing everybody from prison. I'm saying that only 300 people are eligible and probably 09600039.doc 75  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 less than 1 percent of that 300, would even be released. And so it's not a large population, but I agree, they do need to come back to a facility. We can't just turn them loose to the street. There are some that we will let out, they'll probably want to go back to prison just because that's the only place they know."

"That's where they've spent the last 35 to 40 years."

"And some of those guys…"

"That's right. Some of them would probably…"

"Some…"

"That's right. Some would probably not even apply. So this isn't a automatic get out free, these are for guys that have a family, have somewhere to go. This would be a issue that the Prisoner Review Board would have to take into consideration. We're not just going to turn a guy loose and let him go nowhere. But those are the kinds of people that would qualify, and upon review by the Prisoner Review Board, could then let them go. But again, it's not, I'm out of jail and I'm gone, but there would be mandatory community service. They would have an electronic monitor that we could still keep up with them. I’m not talking about letting out sex offenders, murderers. I'm not pushing for murderers but…" 09600039.doc 76  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Yes, Ma'am. He sure would. The state's attorney could do it."

"That's correct, Representative. And I just chose 50, but if 60 sounds better, I don't have any problem with, saying 60 years of age. The number, we can work with. If you want we say 30 years in prison, 30 years, but at some point, you know, and I understand one of the previous speaker talk about you're getting your judgment in heaven, but I think there's a bible verse in Hebrews that talks about, you know, remember the prisoners. You know, remember those people that we have incarcerated because, you know, they're not all, and if I think about what is going on in Cook County, and I don't want to talk about Operation Gray Lords. I…"

Speaker Lyons: "Rosemary, your time is up. If you could conclude your remarks, we'd appreciate it."

"Representative Washington."

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

"Sponsor yields."

"Representative Turner, in House Bill 45 you have put in the necessary components to make sure that the courtesy, the consideration, and the respectfulness is given to any family that has lost a loved one at the hands of the offender. Am I correct?" 09600039.doc 78  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Representative, you're absolutely correct. We're saying that during the petition period, when the PRB is, you know, the petition for clemency is brought forth, that the offender would be notified, his attorney could be there and be present, the victims of the family, their members, could all be there. They can send in their reasons why they think that person should not be released. So, in no way am I slighting the victim or the family members of the victim."

"And thank you for doing so because so many times, you know, that has been the objections and that's not the case here. So, I want others who may not always find themself agreeing that you can't say that that wasn't considered. To the Bill. House Bill 45 brings to mind a few issues that I want to share. You know, every time we come to this sacred place, we have prayer. And my colleague here mentioned Judeao-Christian values. I remind those who might go somewhere near a church, or whatever place of worship Sunday, we hear many documentations concerning Jesus versus Barabbas, concerning John the Baptist. These are all former inmates that were incarcerated in a system. So, the Savior Himself was an offender. And I'm only using that to show the importance of what is meant by what I understand, judging not unless you wish to be judged and those who show passion will receive it. I think when you look at 25 years, a quarter of a century, of any man or woman's life, and that if God allowed them to reach the ripe old age of 50, and if it's true that you are what you eat, and as a man and woman 09600039.doc 79  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 think it, so are they, then it goes back to my colleague when she asked the question to the Representative about what will they come to grips with when they are out? That's why it's so important that programming and education in Tamms and other institutions are so crucial to give others who are incarcerated, something else that will modify and influence their behavior. We have an opportunity here that I'm hoping that we can see the strong validity of it. It's not letting anything get away, and I hope some of the heavy-handedness of some of my colleagues, that you never have to face what you dish out. I hope you never have a son and daughter that is mistakenly at the wrong place at the wrong time. Whether it be in a foreign land or domestic, that you have to make that plea for. Then maybe, just maybe, you might understand the pleas and cries of those who wish to start all over again. And I challenge this side of the aisle in a respectful manner. My colleague who called my name earlier, I challenge you in this way. If we're going to always speak on the need to incarcerate and never, never, never letting people pay for their debt, then you must join me, I challenge you, to join me and others to create the mechanism of opportunity for those that are out. Because it seem like society is so bent on continuously punishing them, that they never give them access or an open chance to take care of the family they left behind being that the father didn't pick the children and the children didn't pick the parents. So, I want to close on this note. This is just another attempt 09600039.doc 80  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 of an extension of what we do when we open up for a prayer here, to say that…"

"Representative Washington, if you can conclude your remarks, we'd appreciate it."

"I knew that was going to happen. It always seem to happen when you're right when you're getting started. But I'm asking and I'm appealing to you as a father, a victim, and who has also lost family members at the hands of victim. Let this work. It has the safeguards, the checks and the balances, and it doesn't change nor weaken those who pursue law enforcement. I, too, pursue it. I encourage an 'aye' vote for House Bill 45."

"Ladies and Gentlemen, we've had three people speak in support, three people speak in response. There's still a lot of people wishing to address this issue. Perhaps your question may have been covered. The next speaker on the… that we have here is Representative Ed Sullivan."

Speaker Lyons: "Thank you, Representative. Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Davis, M.: "Representative Turner, is it true that Missouri has this program?"

"Yes, Representative." Davis, M.: "So, Missouri recognizes that if people have been incarcerated for 25 years, there is a chance that they have been rehabilitated. Is that correct?" 09600039.doc 81  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"That's correct, Representative." Davis, M.: "To the Bill, Mr. Speaker. I believe that people can be rehabilitated. Even in this Body, we have some who have been rehabilitated. Have left but came back rehabilitated. Accept it. The rehabilitation took. And it didn't take 25 years. So why would we assume that when people are incarcerated with services available, why would we assume that they cannot be rehabilitated. Rehabilitation means that if you once were a drug user, you no longer were a drug user. Rehabilitation means if you once were a gang member, then you see the waywardness of your ways and you change and you're no longer a gang member. One of the purposes of removing people from society is to get them to change their ways. Truly one point is to punish, but another point is to rehabilitate that individual. If the Prisoner Review Board looks at this case and feels this person has been rehabilitated, they go through the steps that are listed here, and those steps help to protect the prisoner and the person. There's the use of an electronic system. The person is just not out there wildly free, the person is still under a system. And you know what the best thing is, Representative Turner, it will save taxpayer money. That prison budget is bursting at the seam because in Illinois some people feel you should never get out. Once you go, you should never get out. And then there's some people there who have committed the same crime, same crime, as people sitting in this Body, but they're not in this Body, so they went to prison. They might have gone for 20 years, they might have 09600039.doc 82  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 gone for 25 years. So, what is the difference? What is the difference when one person or group can be rehabilitated, but those that we don't know or care about cannot. We need to rethink this issue. We need to rethink it, we need to look at ourselves and say if I can change so can he and so can she. Vote for this Bill."

"Representative Careen Gordon." Gordon, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Gordon, C.: "Thank you. Representative Turner, I was looking at the actual legislation and you said that according to… it would be anything other than death and that sex offenses are not included. Is that correct?"

"That's correct." Gordon, C.: "Well, it doesn't say that. In the actual Bill it says a committed person as defined in subsection (e) of the Section… is 50 years of age and has served at least 25 consecutive years of imprisonment in the DOC or a facility and is serving a sentence other than death may petition the Prisoner Review Board for participation in the Elderly Rehabilitation Prisoner Program."

"That Section again, Representative?" Gordon, C.: "That's Section (a) under Section 5-8-1.4 which is the Section that you're adding in, under the Elderly Rehabilitated Prisoner Program. It's on… it's the top of page 17. And the… the offense…"

"Representative, anybody that's… would be eligible as long as they've not been sentenced to death. But…" 09600039.doc 83  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Gordon, C.: "So, sex offenders are eligible to… as long as they're over the… so, I think…"

"They're eligible… they're eligible to file the petition. We're not…" Gordon, C.: "They're eligible to file the petition."

"PRB… I guess the safeguard here is that the Prison Review Board would be the… the one would determine if a person is to be let out. And so the eligibility, you're right, they would qualify under this legislation. But it's not a get out of jail free. It would be the Prisoner Review Board, the victims of the person that's incarcerated, whoever he may have harmed, their family members, they would be allowed to testify, make a statement. If, in fact, this individual has shown no remorse, has not changed, then he wouldn't be released. But he would be… he would have that opportunity after 30… after 25 years, in this legislation, he would have that opportunity. If 25 is not long enough, after 30 years, I could amend it to put 30. But he would be… have the opportunity to plead his case." Gordon, C.: "Does this also then affect the sexually violent persons in the Sexually Dangerous Persons Act? For someone who would be getting out and they could petition prior to that because they would be eligible to put… you know, be put in… be held in the Department of Human Services under the SDP or the SVP Act, until they're cured would and they would be held until that time. So, does this trump that or does this go… or does this… or does this go along with that?" 09600039.doc 84  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"It is not… it is not my intent to trump that legislation, no. I mean… I can tell you what the intent is. This thing… it may still need to be fine-tuned, if in fact it got out of here." Gordon, C.: "Is the answer no or is the answer that you don't…"

"The answer is no." Gordon, C.: "Is the answer… so the answer is no, it doesn't trump it so they could still petition, but they could still technically be held for natural life if they don't finish the proper rehabilitation through the Department of Human Services, SDP or SVP?"

"That's correct." Gordon, C.: "Okay. So, someone who is held under the Sexually Dangerous Persons Act could still be… could still file for this… or excuse me, the Sexually Violent Persons Act before that kicks in which is 30 days before they would be let out of prison, and they would be someone who could have committed acts of sexual violence their entire life, they file… they could be eligible to file under this depending on their age, and the Prisoner Review Board would look at it, they could decide that their petition meets these requirements and lets them out and that… and yet it doesn't… and then the state's attorney or the Attorney General's Office never gets a chance to file under the sexually… Sexually Violent Persons Act. Is that correct?"

"That's not the intent, Representative." Gordon, C.: "I understand it's not the intent, but it could happen, couldn't it?" 09600039.doc 85  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Well, you're saying a person who's sexually… committed a sexual violent act all of his life, well, if he's in prison 30 years, I assume some of that violence must be taking place while he's in prison. Because other than that, you know, I don't know what all his life… you know, I'm not sure how that… you know, how the two come in. The example you're giving, that's not a person who would be eligible to be released, that type of person." Gordon, C.: "Well, sometimes that…"

"I mean…" Gordon, C.: "Sometimes they are released because not every single person… their… their… their background is gone over by a psychologist and it's decided whether or not they have a mental disease or defect that would decide whether or not they're going… they're likely to commit…"

"Representative Gordon, your time has expired. If you'd please conclude your remarks, we'd appreciate it."

"Let me…"

"Let me say this. Eligibility does not mean that you're going to be released. "

"So you may qualify…"

"…and also…"

"…the Prisoner Review Board, last year, let out less than 3 percent of the people that came before the Prisoner Review Board. So, they just don't, okay, you've done your time, let you go. They… these guys are, you know, I respect our Prisoner Review Board, and they take into consideration a number of variables before they parole… before they let people out. And so, I'm… I'm going… you know, unlike our pension people or… you know, and I know we've cleaned that up, I have a lot of respect for the people on the Prisoner Review Board and again, the person who would apply for release or who would… only gets one bite of the apple, and he would… you know, I don't think that everybody… I only see 300… less than 300 people who would qualify at this point. But I'm… it's not just because…"

"…I've done 30 years, I'm 70 years old…"

"…I can go."

"Okay."

"Representative Ramey and then Representative Art Turner to close."

"Sponsor yields."

"Well, we don't have parole in Illinois any more. And so, they're not part of the parole system. No."

"No."

"We eliminated parole. In 19…"

"I didn't hear you."

"They're not paroled. They may get out, but they're not parole."

"There's man… they get out with mandatory supervisor release, you know. There are other ways that they get out." 09600039.doc 88  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"That would qualify for mandatory release?"

"Some… some of them could. We're trying… there's 300 or more that can't."

"Right."

"Those guys that… that small percentage, by the time they would be eligible to get out, they'd be at least 80 years old."

"That's correct."

"I'm not trying to cut the time by 30 year… if they've served 35 to 40 years already, and they have… they have shown remorse and the other variables that I mentioned earlier, I would think that they're eligible to be released. Right."

"Representative, I would assume that the Prisoner Review Board in judging this person's actions over… you know, if you don't show remorse, then you wouldn't be eligible. I'm not trying to let someone out that has not shown remorse, that may have, you know, they… I would think that most of the guys that would even apply would be people who feel like, look, I admit I've done wrong. I've been here 40 years. I'm 60 years old. What else can I do? I'm… I have served my time, but I also think about the family members of that victim. There's a guy that probably hasn't seen his son or his grandson or granddaughter. At some point, the question is, is do we believe that people can be rehabilitated?"

"I'm talking about both victims. There's the victim of the crime and the family member of the victim. And let me say this, 75 percent of the people that are in prison happen to look like me and a few of my friends that sit here on this, you know, they're not… they happen to be black, Hispanic or minorities. And so the assumption is, are these the ones that commit all of the crimes here in this state or in this country? And some of us, and just based on Cook County alone and the Cook County judicial system in the past, and thank God it's been cleaned up over the last few years, some of these very guys are guys that were incarcerated, I know, as a part of Operation Gray 09600039.doc 90  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Lords. They're not all guilty or should have gotten the amount of time that they got."

"Well, it's just a fact."

"I understand."

"The state's attorney can bring the arguments… they're not prevented from the… victims can bring… the victim's family can bring their attorney. The defense attorney, if he's still around from that case. They could…"

"They're not… they're not… we do not deny the state's attorney from coming in to give a statement."

"They may be."

"You know, there's a lot of people who are against the Bill. I'm not… I don't know who's for it. Police are against the Bill. What does that have to do with it? The guy's already incarcerated. So, there's a lot of people that are opposed to the Bill. I can imagine that there will be a number of 'red' votes up there that are opposed to the Bill." 09600039.doc 91  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Right."

"I haven't read it, but I’m certain if it's going to help save the state and that these guys that you want to release are… have changed…"

"Randy, your time has expired. If you could conclude your remarks, we'd appreciate it."

"Representative Art Turner to close."

"Thank you, Mr. Speaker, and to my colleagues. Let me first of all say, this issue is not a Democrat/Republican issue. So, I'm not looking at any one side of the aisle in terms of who's going to support and who doesn't support. This is truly an issue about if you believe that people can be rehabilitated. If you believe that at some point, 30 years, 40 years, the things you did at 19, you don't even think about doing at 40 and 50 years of age. And so, if you believe that a person can be rehabilitated, that there 09600039.doc 92  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 is two victims. That truly there's a victim that the person who committed the crime against, but his family and loved ones also are a victim. If you believe that they, too, deserve a second chance, then you will support this Bill. If you believe that a person commits a crime, let's throw away the key, there's nothing we can do about it, then you will probably vote 'no'. And in regards to this issue of people who are released, every sentence has a mandatory supervised release at the end of the sentence. In this legislation, I'm saying that the person should be monitored. He also should do community service. As I say, I think he would be a perfect role model for many of our young gangbangers today to be able to talk with people who've been in prison for 35 and 40 years. These are the guys, many of them, and not all of them, are role models and the Department of Corrections right now, utilize these guys to try to talk to the young people who come in today. And so, you know, it's an issue that certainly this Bill isn't perfect, but I think it speaks of what we need to do in Illinois in terms of looking at, can people be rehabilitated? Can we change? If you believe that Corrections, it should be about the business of punishment and rehabilitation, then you will support this Bill. If you think it's all punishment, then you will probably vote 'no'. And if you have another reason, and let me say this, because Rosemary's absolutely right. If you're worried about a mailer, then you will probably vote 'no' as well. And it's unfortunate that people… that people in this state suffer because we play mailers with each other. I'm not 09600039.doc 93  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 one to support that concept, but not only with Corrections but other issues in terms of voting for funding for issues in this state, to vote for a tax increase to do something for our schools, is the right thing to do, but mailers should not be a variable here. I say that if a person has served 50 years, at a minimum, if he's 50 years old, willing to go higher, and has served 25 to 30 years in the joint, he should be given the ability to go before the Prisoner Review Board at least one time to plead his case. And I move for… and I ask for a favorable vote."

Speaker Lyons: "Ladies and Gentlemen, after an extended conversation on House Bill 45, the question is, 'Should House Bill 45 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Burns, Eddy. May, Nekritz. Mr. Clerk, take the record. On this Bill, there are 33 Members voting 'yes', 83 Members voting 'no', 2 Members voting 'present'. This Bill, having failed to receive the Constitutional Majority, is hereby declared failed. Representative Watson, for what purpose do you seek recognition? He had his light on. We'll get back to him if we can. Representative Mell, for what purpose do you seek recognition?"

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

"Please proceed, Representative."

"Ladies and Gentlemen, Members of the House. It is a great day in the United States today because we are one step closer to true equality. In the State of Iowa, the 09600039.doc 94  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Supreme Court unanimously stated that the ban on same sex marriage violates the constitutional rights of gay and lesbian couples. I am very happy today, very happy for Iowa. Thank you very much."

Speaker Lyons: "Thank you, Representative. Representative Frank Mautino in the Chair."

Speaker Mautino: "The Gentleman from Cook, Representative Dunkin is seeking recognition."

"Thank you, Mr. Speaker. I'd like to table House Bill 687, please. Thank you."

"The Gentleman moves to table House Bill 687. All in favor say 'aye'; opposed 'no'. The 'ayes' have it. And the Bill is tabled. Mr. Clerk, on page 17 of Calendar appears House Bill 2734. Representative Poe. Read the Bill. Out of the record. Page 25 of the Calendar appears House Bill 172. Representative Ramey. Read the Bill. The Bill has been read… Mr. Clerk, status of the Bill?

"This Bill will remain on Second Reading. Mr. Clerk, House Bill 172, please place that on the board. Place it on Third Reading and read the Bill."

Speaker Mautino: "The Gentleman from DuPage, Representative Ramey."

"The Gentleman moves passage of House Bill 172. And on that question, the Gentleman from Cook, Representative Burns."

"Thank you very much, Mr. Speaker. I have a parliamentary inquiry. Does this Bill preempt Home Rule? And if so, how many votes are required for passage?"

"Thank you, Mr. Burns. I will consult with the parliamentarian and get you an answer momentarily. So, I'll get right back to you on that. Do you have questions on the Bill of the Sponsor?"

"Will the Sponsor yield?"

"Yes, he will."

"Representative, I have a question. Generally speaking, your side of the aisle believes in local control and allowing folks at the local level government that is closest to the people to make decisions about what's best in their communities. Can you explain to me why you are changing your philosophical position with regards to this issue?"

"To the Bill, Mr. Speaker."

"To the Bill." 09600039.doc 96  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"You know, if this was a Bill that was being supported by folks close to government at the local level, I would see that on my analysis. I do not see this on my analysis. To me, this seems to be an attempt by folks who don't want to be regulated by a unit of government to get around that, and to undermine our Constitution. I encourage everyone in this Body regardless of your position on the issue of gun ownership and the Second Amendment to vote 'no' based on those grounds. Thank you."

Speaker Mautino: "Further questions? The Lady from Cook, Representative Graham."

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

"He indicates that he will."

"Representative Ramey, explain to me what this Bill does again."

"The commissioner's ordinance would put who out of business?" 09600039.doc 97  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"How would that ordinance put that Cabela's out of commission… out of business?"

"Where is it located?"

"Hoffman Estates?"

"Mr. Speaker, to the Bill."

"To the Bill."

"I know that my colleagues are very passionate about gun ownership and the ability to access them, but I think oftentimes we put that in front of the welfare of people. The very… various local body… local governmental bodies have attempted to put measures in place to protect families and people from accidents and things of that nature happening. We do know that there are law-abiding… law- abiding citizens, and a number of people out there who in effect, circumvent the laws. But what I'm disappointed in is that we don't take into consideration that sometimes local government may know best for the area in which they 09600039.doc 98  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 operate. And we take our own personal selfishness and say that, you know, everyone in that area is being criminalized or their rights are being infringed upon. And we don't take into consideration all the things that take place. I know that in Cook County and the area which I live in that there are a number of other issues that bring on violence and there's a myriad of issues, but there's also a lot of solutions out there. And I'm concerned that my colleagues continue to push legislation that doesn't allow us to protect our local constituents. And sometimes I think that we don't take time out… time enough to just think about what some of the other intentions is instead of trying to stick it to one another while we're here. So, I would hope that one day that we would work together on some legislation that would allow us to protect our local constituents and possibly allow law bidden citz… law- abiding citizens to possess a thing that they would like to possess, which if that's a handgun, so be it. But I think that you guys who just… to really take time out and just look at what we're trying to do here. We're not trying to punish law-abiding citizens. Every piece of legislation has been a measure of commonsense gun legislation just to protect our local citizens. And I think that our… my colleagues have been working from a position of what if. What if they come back and say this? What if they come back and do that? What if they come back and do this? We know that every piece of legislation here are laws that are being introduced has to abide by the letter of that law and it doesn't go over into other areas. I would simply ask my 09600039.doc 99  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 colleagues for a 'no' vote on this, and maybe one day that we'll just given each other an opportunity to understand some of the issues and concerns that we have in our area. Thank you."

"Mr. Burns, in response to your inquiry, I'd like to have the parliamentarian step forward with the ruling."

"A number of Members seeking questions on this. For further questions, we will go to Representative Black, the Gentleman from Vermilion."

"He indicates he will."

"Further questions? The Gentleman from Cook, Representative Osterman."

"Sponsor yield?"

"Indicates he will."

"Well, first, Representative, I would have preferred you have your usual jacket on 'cause that's how I'm going to ask everyone to vote today would be red. You know, the previous speaker kind of cleared this whole issue up for everybody. It's a simple issue, isn't it? It's about Cabela's. One store in your district."

"But it's a simple issue. This is about Cabela's, right? Well, on the issue of Cabela's. When Commissioner Suffredin was putting forth this legislation, was Cabela's asked if they wanted to be exempted from this legislation that the county of Cook was proposing?"

"You talked to Cabela's? I mean, they're… this is about Cabela's, so I'm assuming that they're… you would have conversations about that."

"Okay. Well I'm glad you clarified that 'cause this really is… Cabela's is a little smoke screen on this. 09600039.doc 103  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 There's a much, much larger issue, and that is the ability for a county to protect itself. This not only deals with Home Rule units, it deals with county at any level. So, the county of Cook has a ban on semiautomatic weapons. It covers all of Cook County. And what your legislation says is, not only in your municipality that you may have a less rule, it says that a county cannot go lesser than the state level on any firearms legislation. Is that correct?"

"That doesn't say that in your Bill though."

"That's what the Constitution says. What you Bill says is the county may not require registration of firearms or impose greater restrictions or limitations on possession, transportation, carrying, transfer firearms imposed by this Act. So, what this says is that the county cannot impose a level that is less than the state which is far more than Cabela's and far more than what you portrayed on this floor. This says that a county cannot enact protections on its state in regards to firearms that is less than what the state has. So, it basically says to all the counties in the State of Illinois, you're on your own, you got to listen to us when it comes to firearms. If you want to protect yourself in any county of the State of 09600039.doc 104  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Illinois, you have to listen to the General Assembly of the state. So down the road, whenever that might be, conceal and carry or whatever else, every county in the State of Illinois will have to listen to this Body, is that correct?"

"You would assume so. Well, that goes far beyond Cabela's. So Ladies and Gentlemen, simply put, this takes away the power of a county to protect itself and its citizens. That might not affect you today, it might affect you down the road. Those people that live in Cook County, on both sides of this aisle, should be very careful about this. So with that, I would ask Representative Ramey to put on his red coat and all of us to vote 'aye'… or 'nay'."

Speaker Mautino: "The Gentleman from DuPage to close. Representative Ramey."

"The Gentleman has moved passage of 172. And on that question is, 'Shall that Bill pass?' All in favor vote 'yes; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Does Representative Eddy, Hatcher, Winters, wish to be recorded on this Bill? Mr. Clerk, take the record. House Bill 172, having received 64 'yea', 53 'nay', and 0 voting 'present'. Mr. Ramey." 09600039.doc 105  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

Speaker Mautino: "Mr. Clerk, place this Bill on Postpone Consideration. Mr. Clerk, on page 28 of the Calendar appears House Bill 845. Representative Acevedo. Read the Bill."

Speaker Mautino: "The Gentleman from Cook, Representative Acevedo."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 845 requires the responsible gun owners report a lost or stolen gun within 72 hours of knowing that the gun is lost or stolen. Seven states currently require firearms owners to report the loss or theft of their… of their firearm to law enforcement. Nothing in this Bill prohibits a person from legally owning a gun. This Bill states that if your gun is lost or stolen, simply report the loss or stolen gun to law enforcement. I'd be happy to answer any questions."

"The Gentleman has moved passage of House Bill 845. And on that question, the Gentleman from Bond, Representative Stephens."

"He indicates he will."

"Yes."

"Yes, you have 72 hours." 09600039.doc 106  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The first offense is a petty… petty offense, and the second one is a misdemeanor."

"Could I say misdemeanor, I'm sorry."

"You have 72 hours to report the weapon lost or stolen. On the 73rd hour, I believe you'd be fined with a petty offense."

"Yes, you properly reported the weapon."

"Well if I was you, Representative, if once I found the weapon I would report it and say that's it's now back in my possession."

"You'd have to report it again."

"You wouldn't be in violation because you have reported your weapon lost or stolen."

"Nothing. It's just… it's just kept on file." 09600039.doc 107  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Probably."

"I'm sorry. Repeat the question."

"Well, this doesn't deal with finding the weapon. This legislation deals with if your weapon is lost or stolen and just have to report it. It's your responsibility."

"That… that… yeah, this has… this has noth… Yeah. This has nothing to do with an individual who finds a 09600039.doc 108  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 weapon. This has to deal with the gun owner reporting his lost or stolen."

"Well, you better find it before your child does."

"No. It's your responsibility to make sure the police… that the State Police know that your weapon has been lost."

"Would you turn on Mr. Stephens' microphone. Please bring your remarks to a close, Sir."

Speaker Mautino: "Further questions on House Bill 845? Representative Biggins."

"Indicates he'll yield."

"In the City of Chicago a handgun is not legal." 09600039.doc 109  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"I haven't checked."

"Rep…"

"Representative, it was just yesterday that your side of the aisle, one of your Members, stood up and said we represent every constituent in the State of Illinois."

"That's exactly what we're doing."

"I'm representing…"

"I'm representing every constituent in the State of Illinois as your side of the aisle stated yesterday. That's exactly who I'm looking out for. The legal gun owners who will be held accountable if they don't report their gun lost or stolen."

Speaker Mautino: "Further questions? Representative Reboletti."

"Indicates that he will."

"No, Representative, most likely not."

"Yeah. There's a possibility that can happen, that you would charge him with a… the second time with a petty offense, yes.

"Representative, what I'm trying to do is, I'm trying to help out the legal gun owners by requiring them to file a police report to take them away… to take the liability away from the legal gun owner."

"Well, Representative, what we're trying to do is, the legal gun owner… let's go to the stolen part of the weapon. Someone breaks into your house, your gun is stolen. Now, it's comm… a murder is committed with your weapon. You haven't reported it stolen. So, you can be charged with this offense, but up to 72 hours, if you report it, you're no longer liable for that. You've reported your weapon stolen so you can't be charged with any crime."

"I understand that, yes."

"Thank you."

Speaker Mautino: "Final questioner on this Bill, is the Gentleman from Jackson, Representative Bost."

"No."

"Representative, you're wrong because you have to have knowledge that you're going to… if you're unconscious, you're not going to know that you lost your gun until you come to, right?"

"When we…"

"Unless you… unless you have amnesia, you should."

"To the Bill."

"The Gentleman from Bond has spoken in debate. Representative Stephens, you're seeking recognition? Out of the record. And we now go to Representative Acevedo to close."

"Mr. Speaker, we… we… some of these… of my colleagues have stated about… as far as law-abiding gun owners. If they are law-abiding gun owners, what's the problem with reporting a lost or stolen weapon? This is for their safety as well as the safety of others. This is to take away the liability from the legal gun owners. I'm not trying to take away the guns from legal gun owners. I'm trying to take away the liability from them. And I ask for an 'aye' vote."

"The Gentleman has moved passage of House Bill 845. And the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Eddy, Representative Flowers, do you wish to be recorded on this 09600039.doc 115  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Bill? Mr. Clerk… Representative Acevedo is seeking recognition."

"Postpone Consideration, Mr. Speaker."

Speaker Mautino: "The Gentleman is asking for Postpone Consideration. I need to take the record. So, Mr. Clerk, take the record. The Gentleman from Cook has asked for Postpone Consideration. That will be granted. Mr. Clerk, on the Calendar appears House Bill 263. Read the Bill. Representative Soto. Mr. Clerk, place 363 on the board, please. Thank you for that correction. Representative Soto."

"On Floor Amendment 2, Representative Soto."

"Thank you, Speaker and Members of the House. House Amendment #2 is a gut and replace. House Amendment #2 will become the Bill. I'm asking for this House to adopt Amendment #2."

"The Lady moves adoption of Floor Amendment 2. All in favor signify by 'aye'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"

"Mr. Clerk, place this Bill on Third Reading, and read the Bill for a third time."

"The Lady from Cook, Representative Soto." 09600039.doc 116  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Thank you Speaker, and Members of the House. House Bill 363, what the Bill does, it provides for a committee made up of Representatives appointed by the Speaker and the Senate President from the House and the Senate. Representatives from the education organizations including the Chicago Teachers Union, Chicago's Principals Association. The committee will meet with independent experts to analyze every aspect of the school facilities decisions including cost and examine the best practices from other school systems for dealing with these issues fairly. The committee will also then develop a draft policy on issues of school closings. The committee will then hold hearings on school closings, phase outs, consolidations, and obtain comments from the public on these issues. After the hearings, the committee will develop a finer propose… policy which would be available to the public, and the final proposed policy may be introduced by the members… by a Member of the General Assembly from this legislation… to form this legislation. I want to thank everyone involved in crafting this piece of legislation, this language. I'd like to mention Chairwoman Chapa LaVia, Linda Chapa LaVia, Representative Mitchell, Eddy, Bassi, Pritchard, and also organizations Designs for Change, the Teachers Association, education organizations: and the unions. And I am open for questions. And I am looking for an 'aye' vote."

"The Lady moves passage of House Bill 363. And on that question, the Gentleman from Lee, Representative Jerry Mitchell." 09600039.doc 117  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Mitchell, J.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"She indicates she will." Mitchell, J.: "Representative, we've come at this Bill from several different angles. At one time there was a procedure in there that allowed for arbitration. Is that language no longer in the Bill?"

"That is correct. It is no longer on the Bill." Mitchell, J.: "Okay. To the Bill, Mr. Speaker."

"To the Bill." Mitchell, J.: "Ladies and Gentlemen of the House, this young Lady has worked very, very hard to try to find some semblance of order in the way Chicago closes their schools. We have not been able to find any kind of visible or written manner in which this is being done. Now, the lobbyist for Chicago Public Schools explained to me that there's multiple reasons why they're closed. Well, quite frankly, those multiple reasons should be written down and there should be an order in which they come to their conclusions so that we can follow that. This is what this Bill is trying to do. I commend the Sponsor for spending a lot of time, trying very hard to bring some order to a very troubling situation in Chicago where at one point, a lighthouse district, one that had been recommended for… followed… to be followed by other schools because it had such high marks that they were considering that one for awards. About a week later, they get a letter from the Chicago Public School Board, saying we're closing your school. Now something's not right about that. The 09600039.doc 118  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 lobbyist admitted there have been mistakes made. This is just an attempt to try to make sure that those mistakes won't be made in the future. I recommend an 'aye' vote. Thank you, Mr. Speaker."

"And the question is, 'Shall this Bill pass?' House Bill 363. All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Durkin. Representative Nekritz, Osterman, Walker, would you like to be recorded on this Bill? Mr. Clerk, take the record. 118 voting 'yes', 0 voting 'no', 0 voting 'present', this Bill is declared passed. Page 17 of the Calendar appears House Bill 2750. Representative Sacia. Read the Bill."

"Rep… on Floor Amendment #1, Representative Sacia."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment 1. All in favor say 'aye'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. And read the Bill for the third time."

"On House Bill 2750, Mr. Sacia."

"Representative Watson, for a question."

"He indicates he will."

"The Gentleman has moved passage for House Bill 2750. The question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representatives Eddy, Graham, McAuliffe. Mr. Clerk, take the record. This Bill, having received 117 'yes', 0 'noes', 0 voting 'present', is declared passed. Mr. Clerk, on page 26 of the Calendar appears House Bill 4245. Representative Reis. Read the Bill."

"Representative Reis."

"The Gentleman moves passage of 4245, and the question is, 'Shall this Bill pass?'" All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, 117 voting 'yes', 0 'noes', 0 voting 'present', this Bill is declared passed. Majority Leader Representative Barbara Currie is seeking recognition." 09600039.doc 121  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Yes. Thank you, Speaker. Just to let the record show that Representative Acevedo will be excused for the rest of the day."

"The record will reflect. Mr. Clerk, on page 2 of the Calendar appears House Bill 44. Representative Arroyo. Out of the record. On page 31 of the Calendar, appears House Bill 4158. Representative Brosnahan. Out of the record. On page 29 of the Calendar appears House Bill 2298. Representative Turner. Out of the record. Mr. Clerk, would you place on the board House Bill 2298 for Representative Turner, and read that Bill a third time. Mr. Clerk, what's the status of that Bill?"

"If you'll return that Bill to Second Reading for the purpose of an Amendment. Mr. Turner on Amendment #2… on Floor Amendment #2."

"Thank you, Mr. Speaker. I just move for the adoption of Floor Amendment #2, and I will explain that in the Bill."

"We have a Motion to adopt Amendment #2. All in favor signify by 'aye'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

"Place this Bill on Third Reading, read it a third time." 09600039.doc 122  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

Speaker Mautino: "The Gentleman from Cook, Representative Turner."

"Thank you, Mr. Speaker. House Bill 2298, it amends the Juvenile Court Act to establish conditions in fact as in which a court may vacate a finding of delinquency. And the reason for this legislation is it'll resolve the discrepancy between remedies that are available in the adult court that's not available in the Jud… in the juvenile court. And the… what this legislation will do is, you know, allow the judges to be able to vacate a finding of delinquency after the probationary period has been exhausted or fulfilled."

"The Gentleman moves passage of House Bill 2298. And on that question, the Gentleman from DuPage, Representative Reboletti."

"Indicates that he will."

"The juvenile will have to move to… a motion to vacate that finding to… and so it wouldn't happen unlike in the adult court, so the juvenile would have to make that 09600039.doc 123  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 motion, and this Bill would allow the judge to automatically be able to do that."

"This Bill would allow… although the probationary period has been completed, this Bill would still allow the courts and law enforcement to be able to look at that record. So, it's not an expungement per se, so the information will still be there, it's not expungement. So law enforcement could still look at it, if then in fact that kid was brought…"

"That's correct."

"Any…"

"Right."

"Use of a deadly weapon, felony sex offenses, and any homicide."

"I'm sure it probably doesn't. No, not that I'm aware of."

"Well, Representative, I'd be willing to look at that in the Senate in terms of trying to add those additional offenses. I do understand what you're saying, but it's… we're not trying to hide anything from law enforcement. They could still look at this juvenile's record. When you talk about residential burglary, you know, in many of those cases some of that stuff is still related to drugs. But this is only for first-time offenders as well, so you know…"

"Yeah."

"You're… you're correct, Representative. But this would allow …the courts will still have the records, so it's not like that wouldn't be available to them. Yeah. He doesn't walk away, and we're only talking about the first time offender."

"I guess the question is… is, you know, again, are we trying to rehabilitate these kids or are we trying to, you know, like… we'd like for them to be able to come back into the community, you can try community service, you can send them to schools. You know, I mean, successfully completed probation so they, you know, the assumption is that he's at least done something right in terms of showing some remorse." 09600039.doc 126  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Right."

"Mr. Turner to close."

"Thank you, I would just simply ask that we give some consideration here and allow the judges to be able to… give the judges the discretion to be able to vacate the findings of delinquencies based upon the subsequent good behavior of the kids and that the judges would look at, you know, what this kid has been doing and what changes he has shown in terms of some remorse. It also permits the state's attorney to object to court supervision. So, it's not trying to keep law enforcement away, it just allows the judges who initially impose the sentence to be able to vacate that finding once the child has completed probation. And I move for the support of this Bill."

"The Gentleman moves passage of 2298. The question is, 'Shall this Bill pass?' All in favor vote 09600039.doc 127  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. Representative Turner."

"You can take the record. Take the record."

"On this Bill, 50 voting 'yes', 66 voting 'no', 1 voting 'present'. And House Bill 2298 is declared lost. Mr. Clerk, on the Calendar, on page 28, appears House Bill 964. Representative DeLuca. Read the Bill."

Speaker Mautino: "The Gentleman from Cook, Representative DeLuca."

"Thank you, Mr. Speaker, Members of the House. What you have before you, House Bill 964, allows retailers to use a electronic format for a warning or recall notice. Now due to the Third Reading deadline, an Amendment agreed to by the Attorney General's Office and the Illinois Retail Merchants Association will be filed in the Senate. All parties have agreed to this and the Bill will come back to the House on concurrence. Now the problem is, when the Child Product Safety Act was first enacted, no one anticipated the flood of recalls and warnings that have occurred. Therefore, retailers are running out of prominent locations in their stores to post these recalls. Some retailers have developed in-store kiosks designed to allow for the electronic posting of these recalls and warnings. The advantages for the consumer include the fact that the electronic recall warnings are searchable as 09600039.doc 128  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 opposed to having to wade through all of the paper postings. Unfortunately, the existing Act does not explicitly allow for electronic postings. Therefore, I ask for your support and your 'yes' vote."

Speaker Mautino: "The Gentleman, Mr. DeLuca, he moves the passage of House Bill 964. And Mr. DeLuca, I believe the Gentleman from Lake has a question on your first Bill. Representative Sullivan."

"Yes, that is correct."

"Further questions? Representative Durkin."

"Indicates that he will."

"It would be at a visible location at the entrance of the store; whereas now they have to wade through the paper notifications. It will be electronically posted at the front… the front entrance."

"Well, this is an option if they want to electronically post it. This doesn't require them to. So, there could still be the paper notifications. This is an additional opportunity, electronically."

"No, there's no restriction."

"Thank you."

"Further questions? The Gentleman from Cook, Representative Lang."

"Thank you. Will the Sponsor yield?"

"Indicates he will."

"So, Representative, this is your first Bill, correct?

"Yes, it is."

"How come it took you so long?"

"Well, I haven't been here that long, so it really didn't take too long."

"Okay. So, did you ask Representative Scully, Judge Scully, if it was okay to use his chair to move this Bill?" 09600039.doc 130  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"I did not ask him if I could use his chair, but I did attempt to contact him about the Bill. He was unavailable."

"All right. Now as I understand it, this was not your Bill originally, is that correct?"

"Yes, that's correct."

"Who's Bill was it?"

"It was Gordon's originally and then Rita."

"We have two Gordons. Which Gordon?"

"Careen Gordon."

"Careen Gordon. And she… she did not want this Bill anymore?"

"Well, I'm not sure if she didn't want it, but I know that it was then moved to Rita."

"Oh, so… so this has been handed off twice, sort of a double reverse?"

"Yes, that's correct."

"I see. So, apparently nobody wants this Bill. Were you just, you know, the last cheese standing or how is it that you got this Bill?"

"No, it's a good Bill. And I discussed it with Rita and I wanted it."

"So, you stole it from him?"

"No, it was agreeable."

"So, he's your seatmate, correct?"

"He sits next to me, yes."

"Yes, I notice he's not here. Are you just running his Bill in his absence without his permission? Oh, here he comes now. This okay with you, Sir? He doesn't seem to 09600039.doc 131  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 care one way or the other, Representative. So… so, my next question is, I tried to give you a Bill earlier this Session did I not?"

"Yes, you did."

"And so, I want to just get this straight. So, in your opinion, a Bill that was passed through two other Legislators who didn't want it, that you stole, is more important than the Bill I tried to give you?"

"Well, upon further review of the Bill that you had given to me, because of the unconstitutional nature of it, I… you know, I was unfortunately unable to proceed."

"I'm going to have to tell you what I've said to other people here, Sir. I do the jokes. It's not for you to do. All right. So, who's for this Bill?"

"Well, the Illinois Merchants…"

"All of them?"

"The Illinois Retail Merchants."

"That's it?"

"And the Attorney General's Office."

"So… someone behind me said I was torturing you. Do you feel that I'm torturing you, Sir?"

"No."

"All right. Well, this is torture for me, so I'm sitting down now."

"Gentlemen… further questions? Representative Reitz."

"Thank you. Will the Sponsor yield?"

"Yes."

"He indicates he will." 09600039.doc 132  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Representative DeLuca, you said you attempted to contact Representative Scully, or former Representative Scully and you couldn't get a hold of him or?"

"Yes, that's correct."

"Well, I'm sure he would have advised you not to take a Bill from Representative Rita, but you did not take a Bill from Representative Lang, so you're even on this one. Good start."

"Thank you."

Speaker Mautino: "Further questions? Representative Reboletti."

"Indicates he will."

"I'd have to take a look at that. I don't know who else signed up for it."

"No, I have not singled out any particular group."

"That's fair, yes."

"Lang?" 09600039.doc 133  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Yes."

"It did go through committee."

"It passed out of committee, yes."

"Pardon me?"

"I believe it was Representative Reboletti."

"Thank you."

"Thank you."

"The final speaker is Representative Eddy."

"He indicates he will."

"It's the Honorable Representative Lang."

"I think…"

"I would have worn the red jacket if I was aware of that."

"Yes, it does."

"Well, it's only an option. They can still use paper."

"You know, my mother always told me I looked great in red, so…"

"The Gentleman from Cook has already spoken in debate. For what reason are you seeking recognition?"

"Well, thank you, Mr. Speaker. My name was used many times in debate, and I actually don't care. I just wanted to suggest to Representative DeLuca that Representative Eddy has a pair of shoes that would match that jacket beautifully."

"Further questions? Representative Mulligan."

"What is the problem with the first row?" 09600039.doc 136  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Well, I'm being a good sport."

"Final question on the Bill. Representative Brady."

"He indicates he will."

"No, this is certainly a first for me."

"Thank you."

"And the question is, 'Shall this Bill pass?' Red coat included. House Bill 964… excuse me, the Gentleman from Vermilion is seeking recognition. Representative Black."

"The Gentleman has moved passage of 96… of House Bill 964. The Gentleman from Cook was seeking recognition and we don't care, we're going to vote. Actually, on this Bill, 'Shall this Bill pass?' House Bill 964 vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Hundred… would you like to explain your votes? Have all voted who wish? Have all 09600039.doc 139  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 voted who wish? Have all voted who wish? Representative Watson, would you like to be recorded on this Bill? Mr. Clerk, take the record. On this Bill, having received 117 voting 'yes', 0 voting 'no', 0 voting 'present', it is declared passed. Congratulations, Representative DeLuca on your first Bill. On page 31 of the Calendar appears House Bill 4231, Representative Schmitz. Out of the record. On page 28 of the Calendar appears House Bill 800, Representative Wait. Read the Bill."

Speaker Mautino: "The Gentleman from Boone, Representative Wait."

"The Gentleman has moved passage of House Bill 800. No one seeking recognition, the question is, 'Shall this Bill 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? Does Mr. Colvin wish to be recorded on this Bill? Mr. Clerk, take the record. 112 voting 'yes', 4 voting 'no', 0 voting 'present', this Bill is declared passed. On the Calendar, page 18, is House Bill 3112. Representative Winters. Read the Bill." 09600039.doc 140  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"On the Amendment, Representative Winters."

"The Gentleman moves adoption of Amendment 2. All in favor say 'aye'; opposed 'no'. The 'ayes' have it. The Amendments are adopted. Further Amendments, Mr. Clerk?"

"Place this Bill on Third Reading, and read it a third time."

"Representative Winters."

"The Gentleman has moved passage of House Bill 3112. No one seeking recognition. The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'no'. The… the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… 09600039.doc 141  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Representatives Hamos and Ryg, do they wish to be recorded on this Bill? Mr. Clerk, take the record. 116 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 3112 is declared passed. Mr. Clerk, on page 6 of the Calendar appears House Bill 681, Representative Dugan. Out of the record. On page 6 of the Calendar is House Bill 687, Representative Dunkin. Read the Bill. Mr. Clerk, this Bill has been tabled. Take it out of the record. Mr. Clerk, House Bill 740. Representative Graham. Read the Bill."

"Representative Graham."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I have before you House Bill 740. It amends the School Code, requires the State Board of Education to establish a two-year pilot program to assist in the creation and promotion of green career and technical education programs in public secondary schools. This Bill is subject to appropriations. And I'll take any questions at this time."

"The Lady moves passage of House Bill 740. On that, Representative Eddy."

"State your inquiry."

"Clerk."

"Representative Eddy."

"Indicates she will."

"I guess, Representative, maybe paper work can be done on it, but I guess implementation of the program couldn't take place without the funding of the program."

"Right. It should be ready just in case funding is made available I would believe, yes."

"Yes." 09600039.doc 143  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Further questions? Seeing none, the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Rose. Mr. Clerk, take the record. 116 voting 'yes', 0 voting 'no', 0 voting 'present', this Bill is declared passed. On page 30 of the Calendar appears House Bill 3865, Representative Jehan Gordon. Read the Bill."

"Out of the record. House Bill 740 appears on page 28 of the Calendar. Rep… Excuse me, Mr. Clerk. Place House Bill 3923 on the Calendar, Representative Harris. Read the Bill."

"Mr… Mr. Harris, would you like to take this Bill out of the record?"

"I believe the notes have been filed, Mr. Speaker."

"Mr. Clerk, take this Bill out of the record. Page 8 of the Calendar is House Bill 976, Representative Chapa LaVia. Read the Bill."

Speaker Mautino: "Floor Amendment #2, Representative Chapa LaVia."

"Thank you, Speaker and Members of the House. The… adoption of this Amendment was given to us by the Illinois Hospital Association. It's an agreed Bill and we are fully in agreement on that. So, I would… I would for its adoption."

"Any mov… the Lady moves adoption of Floor Amendment 2. No one… all in favor signify by 'aye'; opposed 'no'. The 'ayes' have it. And the Amendment's adopted. Mr. Clerk, further Amendments?"

"Third Reading. Read the Bill."

"Chapa LaVia."

"What the Bill does is allows the surgical centers to go in front of CON and ask for a permit to become a hospital. And I'll take any questions." 09600039.doc 145  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The Lady moves passage of House Bill 976. Representative Schmitz, for what reason are you seeking recognition?"

"Indicates she will."

"Well, each of these recovery care centers has already received a CON and been licensed by the Illinois Department of Professional Health. Each recovery center will have the option to remain as a recovery care center or to convert to a hospital. If a recovery care center elects to convert to a hospital, then it must undergo CON review once again."

"Correct. Yeah, these facilities have already undergone the CON review, and at this time, when they were initially established, I think it was 17 years back. At the time, the Legislature approved these alternative models. They determined that there was a need for this type of facility, and it was important that the Planning Board reviewed the cost aspects of the conversions. 09600039.doc 146  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 However, the Legislature and the Planning Board have already determined that there is a need for these beds, and for the innovative facilities that we do have out in our area in Kane County and also Peoria."

"Well, the most important issue that… is that, under the current license, they cannot serve Medicaid or Medicare patients. Further, they are facing reimbursement issues because they are not nationally recognized facilities. They're very specific to Illinois at this time."

"These facilities have been in the community for years, and during this time, many of those… the hospitals that are in the area of recovery care centers have thrived. The fact that these facilities have been in our communities for the last 15 years, have proven that they have a limited impact on the ability of the community hospitals to succeed. Allowing them to convert will maintain at the current level of distribution and access to services for patients. We hope that the Planning Board reviews these, that they recognize that there will be limited impact on the area hospitals, and is clear that simply allowing these facilities to convert form will not create an unnecessary duplication of services, particularly, if the Planning Board's inventories show a need for medical surgical beds 09600039.doc 147  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 in the area. Right now, we're pretty lucky in Kane County that we have strong hospitals, and we're actually… I know in Elgin they're creating another hospital with quite a few beds. So, in the area, we're one of the fastest growing populations and it definitely is a needed… added."

"Well, yes. The recovery care centers are limited to 20 beds under the Alternative Health Care Delivery Act. It is fair for these facilities to undergo CON review, and we don't think that the Legislature should dissipate how the Planning Board should review these facilities. However, we hope that the Planning Board would review these as unique facilities that have less than a hundred beds, similar to many of the other types of specialized hospital facilities that are licensed by AZPH. Again, there are some exceptions of the conversions that should be reviewed by the Planning Board. For example, if a recovery care center likes to convert, it should be required to do so within financial viability and cost restriction perimeters. I don't think that the Planning Board should strictly apply all of its rules, regulated to a hundred bed minimum… that capacity, and distribution of services. We have done a study, like I said, out in our area, for the need for more beds, and I like I said, our area's growing immensely in population. And I think it's… it is very important that they look at these issues in the districts." 09600039.doc 148  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Further questions? Representative Riley."

"Thank you, Mr. Speaker. Inquiry of the Chair."

"State your inquiry."

"Again, I couldn't hear. Has House Amendment #3 been… are we under House Amendment #3 in this present Bill?"

"The Bill is on Third Reading, final passage. Mr. Clerk, what's the status of the Amendments on this Bill?"

"So, 3 has not been adopted?"

"That's correct."

"Okay. Will the Sponsor yield?"

"She indicates she will."

"Representative, I know that… and maybe, you know, it's something that I'm looking on the analysis, that the Illinois Hospital Association was opposed to this 09600039.doc 149  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 legislation and I saw something about the House Amendment #3. Just give me a little bit more clarity on that."

"There is no House Amendment #3."

"All right."

"And the language that we have in Amendment #2, it gutted the Bill initially, and then we took all their language that they came to the table on with Mr. Howard, with the other physicians and everybody who was involved in this, we took all their language and made it the Bill."

"Well, are they…"

"So, it's agreed at this time."

"They're proponents or at least have no position?"

"No, they're… they are now… I can't remember in committee. I don't think they slipped in as a… they're a proponent. They're not neutral. They're a proponent 'cause it's their language."

"Thank you."

"So, it's an agreed Bill. It took a long time. I want to also thank Representative Flowers for giving me the… the chance to sit down and talk with all the parties and we got all of the concerns met. And I would just ask for an 'aye' vote. Thank you."

"The Lady moves passage of House Bill 976. The question is, 'Shall this pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Pritchard, wish to be recorded on this Bill? Take the record. 98 voting 'yes', 16 voting 'no', 2 voting 'present', this Bill is declared 09600039.doc 150  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 passed. House Bill 2664 is on the Calendar, page 30. Majority Leader Currie. Read the Bill, Mr. Clerk."

"Representative Currie."

"Thank you, Speaker and Members of the House. Three years ago we passed legislation involving only the nonattainment areas in Illinois, northeastern Illinois and the Metro East St. Louis area, that said that large trucks, large diesel trucks, 8 thousand pounds or more, could idle only for 10 minutes out of every 60-minute period. We did this because idling diesel vehicles creates significant risk to respiratory health, asthma problems, bronchitis problems, and the program would be working well but for the fact that it's easy to… for people who are caught to pay the minimal fine that is required and do it again, and again, and again. So, an effort from the City of Chicago, the Lung Association, the Treasurer's Office to improve prospects for respiratory health in these nonattainment areas is to increase the fine to $90 for a first offense, a larger fine for second and third offenses. There is no opposition to the Bill. There had been concerns expressed by the Farm Bureau and the Mid-West Truckers, but they have removed their opposition with the adoption of Amendment #1. So, I'd be happy to answer your questions. And I'd appreciate your support for this measure that we think will significantly improve air quality in northeastern Illinois and in the Metro East St. Louis area." 09600039.doc 151  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The Lady moves passage of House Bill 2664. And on that question, the Gentleman from Jackson, Representative Bost."

"She indicates she will."

"The first offense instead of, as the Bill was introduced which was much more significant, at twenty… $250, went down to $90 means you don't have to go to court. Ninety dollars did not seem unreasonable, but we would hope that it would be a sufficient inducement not to idle for those…"

"…more than 10 minutes in that one-hour period."

"And remember, Representative, there are many exceptions to the rule. There's some 16 exceptions, so that, if for example, it's a school bus and it's parked and the kids are in the bus and you need to keep them warm, you can do that. If you're idling but operating some heavy equipment at the same time, then you're exempt from the provisions of the Bill."

"For… for… yeah for…" 09600039.doc 152  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"…or above."

"And I believe above as well. So that for comfort…"

"…health and safety. Yes, you can be exempt from the provision."

Speaker Mautino: "Further questions? The Gentleman from Peoria, Representative Leitch."

"Would you turn on Representative Leitch's microphone."

"Final question. Representative Reboletti, the Gentleman from DuPage." Reboletti: "Mr. Speaker, to the Bill. I would suggest that in a district like mine that is a highly congested area, that our municipalities are doing a very active effort to try to reduce that and make sure they're in compliance with this. I don't see there's any harm or try to push any business out of the state to make sure that there's an opportunity to follow this that they should shut their truck off. Obviously, within the parameters of safety concerns for the truck driver and for whatever they're hauling, but this makes good common sense, reduces the 09600039.doc 155  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 pollution in the area. And I thank the Leader for this Bill."

"Further questions? Representative Sacia."

"The Lady from Cook, Representative Currie to close."

"Thank you, Speaker and Members of the House. To reiterate, the Mid-West Truckers do not oppose this Bill, and they do not oppose it for a very good reason. They understand that their drivers do know how best to operate, 09600039.doc 156  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 and they know how best to operate, and it isn't good for the trucks to be idling more than 10 minutes during that 60-minute period, during that hour, unless there are issues of comfort and safety. There is no opposition to this Bill. It makes good sense for the quality of the air we breathe. A lot of good sense for people who are asthmatic, for people with bronchitis, with other respiratory ailments. We have made a commitment that we're not going to change this Act in the next several years. And as I say, the Mid-West Truckers, the Farm Bureau, in no way stand in opposition. There is no known opposition, and I would encourage all of us to vote 'yes' for cleaner air, for better breathing for the people in northeastern Illinois and the Metro East St. Louis area. I urge your 'yes' vote."

"The Lady has moved passage of House Bill 2664. All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. This Bill, having received 80 voting 'yes' and 36 voting 'no', 0 voting 'present', is declared passed. Mr. Clerk, House Bill 4186 appears on the Calendar, page 31. Read the Bill. Representative William Davis."

"Representative Davis." Davis, W.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. There's been a lot of conversation about green jobs and green jobs initiatives. I, as a Member of the Black 09600039.doc 157  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Caucus and others, kind of see this as an opportunity to find another way to employ members of the African-American community. It's quite obvious that with green jobs we're talking about weatherization; we're talking about providing individuals with the ability to own and operate companies that, you know, weatherize homes and do a number of things like this. So, what we are attempting to do with this, and quite frankly, there is still more work yet to be done on developing this initiative, so it's our intention to pass this out over to the Senate and allow the work to continue in the Senate. But essentially… essentially, the green… green… House Bill 4186, excuse me, creates the Green Jobs Training Fund as a special fund in the… in the State Treasurer's Office. Provides that these funds shall be supported by the development and implementation of worker skills training and education programs in energy efficiency and renewable industries. I'll be more than happy to answer any questions."

"The Gentleman moves passage of 4186. And the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 114 voting 'yes', 2 voting 'no', 0 voting 'present', this Bill is declared passed. Mr. Clerk, on page 27 of the Calendar appears House Bill 310. Representative Durkin. Read the Bill."

"Representative Durkin." 09600039.doc 158  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The Gentleman seeking recognition on 310, Representative Dunkin from Cook."

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

"Indicates he will." 09600039.doc 159  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Representative… Representative Durkin, what brought this legislation on?"

"So, Representative, you have individual State Representatives down here such as yourself, who are sent by the people in their respective district, who may be familiar with various roads that need repairing or maybe an improvement on a particular school or university if you will, and it'll come out… like education or come out of the road fund. Is that a bad thing necessarily? I mean, what's the big difference?"

"But you're saying it doesn't do that?"

"I get it, but the people sent us here, right? They send us to make decisions as it relates to the State of Illinois, as it relates to our respective district. And if there's a bridge or if there's a special program for kids with autopsy, excuse me…"

"…autism, there's a facility that could really help provide that particular service, let's say, in a big city like Chicago where you have most of the state's population, and you see a need for it. For example, access to people who have… who need to go up and down with some of the elevator trains in the City of Chicago. Is that a bad thing?"

"But it… doesn't that occur already?"

"In order for you to find out?"

"It's already… every item, I thought, every dollar is accounted for." 09600039.doc 161  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"To my knowledge."

"Representative, whether it comes out of the Republican Caucus, Democratic Caucus, Women's Caucus, Black Caucus, White Caucus, Latino Caucus, it comes out of a line item that reflects the overall macro budget of the State of Illinois. Again, is this inspired by maybe some news article or something, Representative? Because you can find…"

"Would the Gentleman bring his remarks to a close."

"Thank you, Rep… Mr. Speaker. Representative, I just want to know if this… if there's a problem that no one has access to information when it comes to various line items already, and what the major difference is going to be for this here. If it's politically motivated, I mean, we are politically elected by folk who are participating in the political process, where is the real issue?"

"It's spelled out in here. If you look through the budget, Representative, it's spelled out there anyway. I just don't want us to sort of be… sort of boxed into a 09600039.doc 162  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 situation where politicians are being political as a way to bringing resources to our respective district. Thank you."

Speaker Mautino: "Further questions? The Gentleman from Vermilion, Representative Black."

Speaker Mautino: "The Gentleman from Morgan, Representative Watson."

Speaker Mautino: "The Gentleman has moved the previous question. Representative Durkin to close."

"The Gentleman's moved passage of House Bill 310. Question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representatives Jackson, Golar. Mr. Clerk, take the record. On this Bill, 114 voting 'yes', 0 voting 'no', 0 voting 'present', this Bill is 09600039.doc 165  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 declared passed. House Bill 3650, Representative Flowers. Mr. Clerk, read the Bill."

"Representative Flowers. Mr. Clerk, Third Reading. And read the Bill a third time."

"Representative Flowers."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 3650 would require insurance to allow internal and external appeals process for enrollees. And the Bill would also provide for an expedited process when the denial of coverage would significantly increase the risk of the enrollee's health. And this Bill is similar to legislation that we passed in 1999 in the Managed Care Patients Bill of Rights. And I'll be more than happy to answer any questions. And I would ask for your 'aye' vote. Thank you."

Speaker Mautino: "The Gentleman from Morgan, Representative Watson."

"Indicates she will."

"Representative, of course the insurance company is in opposition to the Bill. And as I stated in committee, I've 09600039.doc 166  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 tried to work with them, and as a result, they just went over to the Senate and started their own Bill contrary to what we were supposed to be negotiating with."

"Pardon me?"

"Absolutely, Sir. But this is legislation that's already in the law, and it's applicable only to HMOs. And now it will be applicable to PPOs and other health insurance."

"Further questions? Seeing none, the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. This Bill, having received 67 voting 'yes', 45 voting 'no', 0 voting 'present', is declared passed. Representative Bassi is seeking recognition. For what reason does the Lady rise?"

"State your point."

"Welcome to Springfield. House Bill 4078, Representative Franks. Mr. Clerk, read the Bill." 09600039.doc 167  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"On Floor Amendment 1, Representative Franks."

"I believe that Floor Amendment #1 was… I'm sorry, House Amendment #1 was adopted yesterday. Floor Amendment #1 clears up some of the drafting errors, and I'd ask for that to be adopted. I'd be glad to discuss it on Third."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #1. All in favor signify by 'aye; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

"On Amendment #2, Representative Franks."

"Again, it's a technical Amendment to the Bill."

"Gentleman moves adoption of Floor Amendment #2. All in favor say 'aye'; opposed 'no'. The 'ayes' have it. Floor Amendment 2 is adopted. Mr. Clerk, any further Amendments?"

"Mr. Clerk, place this Bill on Third Reading and read the Bill for a third time."

"The Gentleman from McHenry, Representative Franks." 09600039.doc 168  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Thank you, Mr. Speaker and Members. This Bill is a Bill that had a genesis from the nightmare that the citizens of Illinois have been going through for some months with the prior administration, highlighted yesterday by an indictment of our former Chief Executive Officer and other members of his Cabinet and others who were benefiting from the alleged illegal activities happening in the last administration. This Bill would seek to not allow people who've done official misconduct to benefit from that official misconduct once they're out of office. And we've drafted the Bill and we've worked with the motion picture industry who had original concerns about the Bill, and we've spoken with the Attorney General, and we… on the forfeiture portion of this, and we will make another change in the Senate assuming it gets there, so we'll have another chance to see this. But we don… we want to send a very strong message in Illinois that crime doesn't pay, and that if one is convicted of a crime for his or her official duties, that they will not be able to cash in on that notoriety. Now we've drafted the Bill so this would only be relevant should an individual be convicted and would also be during the time of probation or parole. And what it would do is not let that individual receive proceeds for that notoriety. I'd be happy to answer any questions."

"The Gentleman has moved passage of House Bill 4078. And on that, Representative Eddy, the Gentleman from Crawford."

"Indicates he will." 09600039.doc 169  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"We didn't."

"Well, no. Everyone's innocent until proven guilty."

"This would only happen should an elected offician… official be found guilty. And then what this would do, it would authorize the Attorney General to seek a civil forfeiture for all proceeds which are traceable to the official misconduct."

"No, this is only prospective. Until anyone is convicted, we would not be able to do that, obviously."

"Yeah, that's true. I couldn't find any constitutional way to do that. I mean, I would have loved to."

"But I just… we have an obligation. We took an oath to uphold the Constitution. I want to make sure that we're doing this right." 09600039.doc 170  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Well, I don't know if we've missed it or not. I… I mean, there's been a… I mean, if you're talking about this specific instance…"

"…we know of a book deal, but you know, there's an opportunity after a trial, after whatever there may be, there could… you know, a movie, whatever it might be. The fact is, until there's a conviction, there's nothing we can do. So, should one be found guilty, then we have the ability then to require that forfeiture."

"There may be one way though. Because this is not a criminal action, this is a civil action, the ex post facto law would not apply. So, should the Attorney General in his or her wisdom, wish to try to get those proceeds, that would not be prohibited assuming that there is a conviction." 09600039.doc 171  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"It would first require a conviction before the Attorney General could seek the forfeiture. So, there is a potential on it. There wouldn't have been how we originally drafted under a criminal statute, but since we're doing it…"

"…as a civil forfeiture that could allow it."

"Thank you."

Speaker Mautino: "Further questions? The Gentleman from DuPage, Representative Reboletti."

"Indicates… he indicates he will."

"I don't think there's…" 09600039.doc 172  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Right."

"No…"

"…I don't think it's specific. As you said, the other statutes are more specific. We wanted to make sure that elected officials are included to make it clear and also as a deterrent affect."

"It's just the Attorney General."

Speaker Mautino: "Further questions? The Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Indicates he will." Davis, M.: "Representative Frank, give us exactly, in your own words, what your objective is."

"My objective is to make our government cleaner, to end the cycle of corruption that has permeated our entire state. Our political system is a cesspool. And we have to make sure that people get in to government service for the right reasons and not for… not for their own selfish purposes. We have to make sure that crime doesn't pay, and 09600039.doc 173  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 that there is no incentive ever for any elected official to self deal instead of doing the people's business." Davis, M.: "Do we have any murderers who have written books and sold them and made a profit? And if we have, Representative, were the proceeds confiscated by anyone?"

"Yeah. There was… there was… New York first started with that. It was called the 'Sun of Sam Laws'. This is different because it's a civil forfeiture. There was some questions on whether that was constitutional; however, there was a recent Arizona case dealing with a mobster who… where that was upheld. There's also a federal statute that's been used as well. So, yes, there is… there is precedent for this." Davis, M.: "Okay. So let's say this Bill passes, and let's say it takes effect. There are remaining people who have to be taken care of. I want to ask you, who's going to take care of them?"

"That's a great question, and that's why we limited the Bill. It's only during… should… first of all, if someone is convicted, and only during the time of incarceration, parole or probation. After that time, the person has paid his debt to society, then there's no prohibition on obtaining those funds and making a living." Davis, M.: "Well, by then the kids are grown."

"I think this is the narrowest we could draft it. And it wouldn't prohibit anyone from making any other… having any other business. Should one be convicted, that person could go forward and, you know, work as a messenger and ride a bike, or do whatever that person wanted to do. So…" 09600039.doc 174  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Davis, M.: "So, let me ask you this."

"…understand this would just be for…" Davis, M.: "If he writes that book, if he writes that book before he's convicted, then what?"

"Well…"

"Could the Lady bring her remarks to a close." Davis, M.: "I'll bring my remarks to a close. I'm going to vote for this Bill, but not because I think it's a good piece of legislation. Personally, I think it's mean spirited. I mean… I just… how much do you want? You know what I mean? This person has kids. And I have to think of that. So, you know, saying, oh, you can't do this and now we're going to take this, then we're going to take that, then we're going to kill all of your living relatives. You got any pets. Thank you, Mr. Speaker."

"For what reason does the Gentleman from Cook, Representative McCarthy arise?"

"Thank you, Mr. Speaker. I move the previous question."

Speaker Mautino: "The Gentleman has moved the previous question. The question is, 'Shall this Bill pass?' All in favor vote 'yes'… The Gentleman from McHenry, Representative Franks to close."

"Thank you. And I appreciate the debate and I appreciate the comments of the previous person. Certainly we don't want to take… and I believe in rehabilitation. I think we all do. And I believe anyone has the ability to get his or her life on the straight and narrow. And when they do, we shouldn't do anything to impede them and 09600039.doc 175  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 nothing in this Bill would allow anyone from making an honest living. What we want to make sure is, that no one ever should profit from their illegal activity from… as being an elected official. I enc… I certainly hope that you all agree with me."

"And the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. This Bill, having received 112 voting 'yes', 2 voting 'no', 1 voting 'present', is declared passed. Page 6 of the Calendar appears House Bill 650, Representative Lang. Read the Bill."

"Third Reading. Mr. Clerk, read this Bill a third time."

"Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. First, let me say that House Bill 650 as it sits before you today is not the original Bill that was filed. This is a Bill that will allow firefighters who have been off of a health insurance policy for a municipality for a period of time to have a one-time opt-in to get back on to the policy. As originally drafted, this Bill would have allowed all the 09600039.doc 176  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 firefighters back for any length of time, and would have also required the municipality to pay for the firefighters. The reason this Bill is now substantially different is, this is a one-time opt-in. The firefighter must be insurable which means, he or she must have a physical exam and if the insurance company rejects them, they cannot go back on the policy. And finally, and most importantly, the firefighter must pay both the employer and employee portion of the cost. So, this is a very limited cost to the municipalities. This is important for our firefighters who sometimes opt out when they retire, because they can go on their spouse's insurance policy. Sometimes that spouse dies, sometimes that spouse passes away, and the firefighters are left with no insurance. So, please allow them the opportunity to continue to have health insurance under these circumstances by voting 'yes'."

"Representative Osmond."

"Indicates he will."

"There would be no direct cost to the municipality. The municipalities have argued that letting an older group back on to the plan would bump up the basic cost of the plan, but there's really no evidence of that. A 25-year-old firefighter who's a rookie, does not have to have an… does not have to be insurable. So, they could be sick and get on the policy, but the 40- or 50- or 60- year-old 09600039.doc 177  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 firefighter that gets back into the plan, must be insurable. So, I don't think there's much risk. All of the cost of the actual insurance is to be borne by the firefighter."

"That's correct."

"Correct."

"That's correct."

"That is also correct."

"Representative Joe Lyons in the Chair. The Chair recognizes the Gentleman from Morgan, Representative Watson."

"Sponsor yields."

"Well, I didn't get an exact definition for you, Representative, but… but we all seem to agree that what it means is they… whatever the insurance company says is insurable. So, that… they certainly would require a physical exam, and if they were reject… if they rejected that applicant, that applicant would not go on the policy." 09600039.doc 178  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"That is correct. And I also remind you, as I said in committee yesterday, we are going to continue to work on this in the Senate."

"Thank you."

"The Gentleman from Vermilion, Representative Bill Black."

"Sponsor yields."

"Well, we wouldn't really need collective bargaining for this, since under the current way this Bill is drafted, these folks are going to pay for their own insurance. So, it's not really that much of a big deal benefit we're giving them. We're just allowing them to get back on to an insurance policy, a policy for which, if they were off of the pol… if they had been on the policy for the last 5 years or 10 years or 15 years, that municipality would have doled out lots of money. And so we're just allowing them 09600039.doc 179  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 to get back on the policy at no cost to the municipality, so there's really nothing to bargain."

"In fact, that's what they have been saying."

Speaker Lyons: "The Gentleman from Peoria, Representative Leitch."

"Sponsor yields."

"The Illinois Municipal League is opposed to the Bill, and one of the reasons the Bill is here today, is that they were not a fair negotiating partner. We started negotiating this with the IML two years ago. They actually just two days or three days before I filed the Amendment, put a piece of paper on my desk with these provisions. And when I filed this Amendment, they said they were still opposed to the Bill. After two years of negotiating with the firefighters and with me, they have shown that they're not interested in moving this idea along at all, even though there's no cost to the municipalities."

"Yes, I'm going to do that, but I have a new negotiating partner. I have the Northwest Municipal Conference, and they seem to want to talk this through and figure it out with me."

"I am not; however, it doesn't mean it doesn't exist. I didn’t do any research on that issue. But let me add, why not let our public employees do this? If they are paying the entire cost, who does it hurt?"

"Representative Lang to close."

"I'd ask for an 'aye' vote. I think this is an important Bill for our firefighters. It's cost free to the municipalities, and it'd be the right thing to do. Please vote 'aye'." 09600039.doc 181  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The question is, 'Should House Bill 650 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. 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 Bill, there are 99 Members voting 'yes', 15 voting 'no', 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status on House Bill 3923?"

"The Chair recognizes Representative Harris."

"Mr. Speaker, I would like to move that the state mandates note be ruled inapplicable."

"The Gentleman makes the Motion that the state mandates note be held inapplicable. We'll put this to a recorded vote. The man's… the Gentleman's Motion is, 'Shall the state mandates note filed on House Bill 3923 be declared inapplicable?' Prior to that, we'll have questions by Representative David Reis."

"State your inquiry."

Speaker Lyons: "I'm sorry, David. Could you repeat your question?" 09600039.doc 182  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"I think the Gentleman is within his rights. The Motion was made to put that note on the Bill, and now the question is being put to the Body, 'Should it be held inapplicable?' So, I think the man is within his rights to ask for this… that question be called. And we'll ask for a Roll Call vote. Representative Black."

"Sponsor yields."

"Mr. Black, you know, while I agreed, and I certainly understood the filing of the fiscal note earlier by a Member from your side of the aisle, and found that to be appropriate, my understanding of a state mandate note is that it requires another government entity in this state to do something for which there is not a reimbursement. No other entity is required to do anything in this Bill."

"I know they have a little lizard in their ad, Representative."

"And we want our iguanas to mandate free here in Illinois, but if you read the Bill carefully, you will see that there are no new government entities created by this Bill that I'm aware of. It does, however, clarify some powers and responsibilities to the existing Office of Consumer Health Insurance, which is part of the Division of Insurance."

"No."

"Mr. Black."

"Representative Careen Gordon." Gordon, C: "Inquiry of the Chair, Mr. Speaker."

"State your inquiry." Gordon, C: "Mr. Speaker, as I'm sitting here, I'm wondering whether it's Representative Reis who's asking the question of whether or not they want to review whether their notes that they filed are applicable or inapplicable, or whether or not Mr. Black is the spokesperson for deciding whether or not their notes are applicable or inapplicable at this point. So, if we could have one spokesperson so the rest of us on the other side of the aisle could decide what notes we're talking about, whether or not we're taking a vote, whether or not how many people are needed to justify that vote. I think it would make it a lot easier for the rest of us to understand, because the initial speaker was Representative David Reis. And he wanted a few minutes to decide whether or not the notes were even applicable in the first place, when it was the Republicans who filed every single note that is on this Bill."

"Representative, the question is, 'Shall the state mandate note filed on House Bill 3923 be declared inapplicable?', and that is the question. Those in favor 09600039.doc 185  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 signify by saying 'yes' in support of Representative Harris. Those opposed say 'no'. Those who are opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Coulson and Schmitz. Mr. Clerk, take the record. On this Bill… on this question, there are 67 Members voting 'yes', 47 Members voting 'no'. The Motion carries and the note is declared inapplicable. Representative Harris on House Bill… Anything further, Mr. Clerk, on House Bill 3923?"

"Move that Bill to the Order of Third Reading and read the Bill, Mr. Clerk."

Speaker Lyons: "The Gentleman from Cook, Representative Harris."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is actually a fairly simple and straightforward Bill that enhances protections for Illinois citizens and small businesses who purchase health insurance in the Illinois market. The genesis of this Bill was a study done by the Families USA Foundation a couple years ago that pointed out that as far as consumer protections and small business protections for purchasers of health insurance, Illinois ranked pretty much at the bottom of the pile and that our constituents were getting the least protections of most states in the union. What this Bill does is it addresses a few of the major recommendations of that report on how to make health insurance more fair for 09600039.doc 186  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 individuals and small businesses in this state. The first thing it does is it creates a standard application form for both individuals and small businesses to use in applying for quotes. Right now, each company has its own applications, sometimes its own application for each policy, oftentimes running 30 pages in length which makes it very difficult for individuals and small businesses to effectively apply and get competitive quotes to be sure they and their families are getting the best possible coverage. This would create a standardized set of applications that would be used in the State of Illinois. Now during the course of negotiations and discussions, the insurance industry was very concerned that the Bill, as written and the Bill that's before you, would ask that these applications be approved by rule. I have… in talking to a number of Members, and I've made the offer to the insurance industry that I would be willing to make an Amendment in the Senate on this that would take the JCAR rulemaking out of it, and establish a joint working group of small business people, insurance companies, and the Division of Insurance, and the director of insurance, to prepare these applications which I think would answer their concerns about the rulemaking process. I'm willing to work with the insurance industry as much as I can to make this the best and most fair product for all concerned. The next thing this Bill does is it adds a definition of 'medical necessity' for mental health coverage to our statutes. The third thing that it does, which my colleague from across the aisle was inquiring about with the lizard, was the 09600039.doc 187  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Office of Community Health Insurance. This is an existing office within the Department of Professional Regulation, Division of Insurance. It was created many years ago by Representative Mary Flowers, and the language in this Bill simply strengthens their powers, and clarifies responsibilities they have to serve as advocates for individuals, families, and small businesses in Illinois who believe they have had insurance company decisions inflicted on them that deprive them of their legal rights. So, this is to make it easier for constituents to challenge the rulings of insurance companies and to advocate for our constituents when they have problems and issues. The last portion is establishing a minimum medical loss ratio of 75 percent for Illinois. And this is probably the newest thing here in Illinois. Seventy-five percent of premiums collected under this provision would actually have to go to the provision of health insurance for the insured as opposed to bonuses, executive salaries, administration, and marketing. Fifteen other states around the nation including a number of our neighbors have this currently. It has had no detrimental affect on the insurance market in those states. I have corroborating evidence from the National Association of Insurance Commissioners that authoritatively proves that. And that Ladies and Gentlemen, is what House Bill 3923 would do. And I would welcome any questions."

Speaker Lyons: "The Chair recognizes the Lady from Lake, Representative Osmond."

"Sponsor yields." 09600039.doc 188  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The day before."

"Actually, instead of defining administrative costs, Representative, you'll see that I defined what are included health care expenses and administrative costs would be everything else. And as far as the rulemaking, as I just said, I understand the concern about the rulemaking and I said to you privately before Session started this morning, I've said the Members on my side who've raised this issue with me, and none of the insurance… the lobbyists, and Mr. Barry was out there. I had a chance to speak to him. If people have alternative language to suggest on a way to improve this Bill and get the rulemaking out, I'm certainly willing to work with you to do that in the Senate." 09600039.doc 189  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Today is the last day, so I would like to move it out and I will work with you to develop that language for the Senate. It can come back for concurrence."

"External review is not covered by this Bill. I believe, exter… there is an external review Bill coming from the Senate, which Representative Brady, I believe, will carry here in the House which will have an external review policy based on the model language developed by the National Association of Insurance Commissioners."

"There is language that in the most extraordinary of circumstances, if it is a judge, that the decision of the external review process is arbitrary and capricious, there can be an additional appeal to the director of insurance. Only in that very extreme circumstance."

"I'm sorry, Representative, I didn’t…"

"The appeal would be made by the person who was… has initiated the appeal process. And the decision to accept 09600039.doc 190  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 in rule would be made by the director of the Division of insurance in consultation with a medical professional."

"No, not all. There's a process to go through and only in the most extreme and extraordinary circumstances, like in any other appeal's process where appeals escalate through a set of steps, would you get to that very final step if there was a finding of arbitrary and capricious, and those words are included in the Bill as a standard. Only if the standard of arbitrary and capricious was reached."

"As in any appeal process, Representative, I think any one of our constituents, you know, any citizen, can make an appeal. Whether that is accepted and decided upon is a whole other matter. If we want to give people the maximum right to exercise their rights and prerogatives, but we have included all necessary safeguards along the way to be sure that they're not exercising a frivolous matter."

"Thank you." 09600039.doc 191  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The Chair recognizes the Gentleman from Morgan, Representative Watson."

"Sponsor yields."

"I don't believe we've rushed it. This has been through committee twice. It's had a good deal of input, huge amounts of changes, if you look through the Amendment history. So, I don't believe we've rushed it at all."

"Actually, it's gotten smaller and smaller as it's gone."

"I don't believe it's a simple Bill, but I don’t…"

"…believe it will change the entire code."

"It's straightforward." 09600039.doc 192  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Arbitrary and capricious I understand is a… generally recognized legal standard that's often used in statutes."

"By the director of insurance."

"The process will include medical experts."

"The process is in the Bill."

"If you'll give me just one second, sure. Do you have another question while I look? Sure, Representative. If you look in page 15 of the Bill, line 9."

"I can read it out loud. 'If an external independent review decision upholds a determination adverse to the patient, the patient has the right to appeal the final decisions of the office if the external review decision is found by the director through the office to have been arbitrary and capricious, then the director with consultation from a licensed medical professional.' So, there is the answer to your question."

"Representative Watson, anything else?" 09600039.doc 193  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"I know it has in Kentucky."

"Very well according to the National Association of Insurance Commissioners which I think is a fairly objective body."

"You know, I saw a lot of these numbers and you know, during the course of my investigation. Of course, these hearings depending on, you know, the health care advocates have one set of studies…"

"…the insurance companies had another set of studies, intended to back up their position. So, the reason I went to the NAIC, as a objective third party, was to get definitive, authoritative, government-based statistics on what's happened in these fifteen states, and they've shown no deleterious affects."

"Sure. I… it's fairly voluminous, and I can certainly provide it to you."

"Representative Michael Bost."

"Sponsor yields." 09600039.doc 194  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"I will say it's a straightforward Bill."

"I really didn't come here to stop the Bill."

"I came here to try to pass it, Representative." 09600039.doc 195  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"There's been a request for a verification, Ladies and Gentlemen. Representative Mulligan, you're the next speaker waiting to ask questions. The Lady from Cook."

"Sponsor yields."

"Representative, to be sure I even understand your question, does your question imply that this legislation would mandate the coverage of people with preexisting conditions?"

"Yeah. I have eliminated all of that at the request of the committee after the first hearing."

"Seventy-five percent of the premiums collected must go to provide any health care services."

"Well, Representative, you know, I can't speak to representations made by, you know, lobbyists and advocates either for or against the Bill. You know, whatever they may have said to you, that I don't know. I know that in looking at the legis… you know, I tried to find the most objective…" 09600039.doc 198  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"We've got a lot of help here today. I just tried to find the most objective facts and figures I could to make my decision about whether or not this would be helpful or harmful, and I find it to not be harmful."

"I believe my Senator Heather Steans is interested in the Bill in the Senate."

"And I've told them all along, and I believe I even said the night before last in committee, that if people had suggestions to make for Amendments or other language, I would certainly entertain them, and you know, I've looked at my inbox every day since then, and I've not received one."

"For individuals? No. I don't have that."

"Yeah. I have aggregate figures for all the insurance companies and in dif… yeah. I have a mountain of figures I'll be happy to go through them with you."

"Representative Mulligan, your time has expired. If you could conclude your questions, we'd be appreciative."

"Representative Bill Black."

"Mr. Black, if you'd conclude your remarks, we'd appreciate it."

Speaker Lyons: "Representative Dugan. Then Representative Harris to close, and final speaker."

"Yes. To the Bill, Speaker. I just want to stand up in support of this Bill. I've talked to Representative Harrison (sic-Harris), and I, too, was on the committee when Representative Harris brought his original Bill which was health care reform in a very huge way and many of us on the committee felt that that was too broad of a reform, even though we all believe that it's needed, so we asked Representative Harris to go back and talk to the insurance carriers and to look at what we could do to address some concerns that are happening in the State of Illinois as far as health care insurance and Representative Harris brought back to us this particular Bill. I, too, have concerns about rules and JCAR making the rules for this particular program. I believe because we, the committee, asked 09600039.doc 203  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Representative Harris to go back and to bring back to us something that we could support and that we could look at to move this forward, and he did. I think Representative Harris has said that he would be… that he gives us his word that our concern about rules being done through the department and through the agency and the director. I take him at his word. I do believe, as we do with many things, that we send it on to the Senate based on the Representative's word that he will address our concerns. The fact here is very simple. One of the things that Representative Harris is trying to do as far as health care for people in this state, and the fact that people have a right to make sure that if an insurance company denies their coverage… and a constituent of mine, that Representative Flowers also worked with, whose father had cancer and was denied continuously by the insurance company in the State of Illinois and she had nowhere to go. And by the time that they got around to saying her father should have had the coverage and it should never have been denied, unfortunately her father died. It was too late for that family. So, therefore, this state has to continue to look at and start to look at how we allow insurance companies certainly to provide the coverage that they do, but more importantly, that the people of this state have a right to an appeal process and a quick action by this state to provide coverage that possibly an insurance company has denied to the fact of where someone actually dies from it, and then it was determined that the insurance company agreed they were wrong. You can't wait when you're talking 09600039.doc 204  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 about somebody's life. I believe we should take the Representative at this word. He has assured me and others that he will work on this in the Senate. It is something that we have to move forward to at least start to address. The insurance issue and people's rights should not be denied by insurance. Thank you very much. And I ask for your support."

"Representative Harris to close."

"Thank you, Ladies and Gentlemen. I really don't think I can add to what the last speaker said. We need to encourage the existence and the profitability in this state of insurance companies that do well serving our citizens, but we need to be sure that our citizens are protected from those who would behave unscrupulously in this state and put people's lives at risk. I would ask for an 'aye' vote."

Speaker Lyons: "Ladies and Gentlemen, I believe it's Representative Bost that asked for the verification on this. So, vote your own switch, Ladies and Gentlemen. The question is, 'Should House Bill 3923 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Brosnahan, Gordon, Kosel. Mr. Clerk, take the record. On this Bill there are 66 Members voting 'yes', 45 Members voting 'no', and 1 Member voting 'present'. Mr. Clerk. Mr. Bost, do you wish to pursue? Then Mr. Clerk will read those voting in the affirmative."

"Mr. Bost."

"Representative Jack Franks. Is Representative Franks in the chamber? Remove Mr. Franks from the Roll Call, Mr. Clerk."

"Remove Mr. Fritchey from the Roll Call, Mr. Clerk."

Speaker Lyons: "Mr. Clerk, remove Mr. Jefferson from the chamber… from the Roll Call."

"Mr. Turner. Remove Mr. Turner from the Roll Call, Mr. Clerk. Any further, Mr. Bost?"

"Mr. Clerk, take the record. On this Bill, there are 62 Members voting 'yes', 45 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. 09600039.doc 206  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Clerk, on page 28 of the Calendar, Representative Kevin McCarthy has House Bill 1098. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Kevin McCarthy."

"Thank you, Mr. Chairman. Ladies and Gentlemen of the House, House Bill 1098, as amended by Floor Amendment #2, amends the health benefits for TRS benefit recipients Section of the… The Bill addresses the situation that affects health insurance premiums charged to TRS recipients who are older than 65 and do not qualify for Medicare. Thankfully this is a problem that will eventually work out because all of our teachers hired after 1986 have paid into Medicare. In this year, fiscal year 2009, there are 1086 recipients in the TRIP system who are 65-plus, non-Medicare who have chosen PPO coverage. Of those, one lives out of the country and pays $310 a month. Three hundred and eighty-nine live out of state, and they pay $310 a month. There are 13 who live in the 13 counties of Illinois where CMS does not have a managed care plan available, they also pay $310 a month. That leaves us with 683 individuals who reside in the 89 counties of Illinois where a managed care plan is available. These individuals pay $621 a month, exactly double what the out-of-state residents pay. It's not our fault that these individuals do not have Medicare, but these double the rate premiums are overly punishing… seems like a lot of noise in here, Mr. Speaker… and do affect individuals receiving some of the lower annuities in 09600039.doc 207  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 the system. I have also been told by the officials of the system that they are positive that there are some individuals who use their out-of-state address in order to reduce their premium. A Democrat analysis states, and this is a Member initiative for a constituent, I want to tell you while I certainly guess at least one of the 683 persons is in my district, I do not know that for sure. So, what this Bill will do, the 683 who are paying double what all the rest will pay, will get a 10 percent discount next year, reducing their premium from $621 to $559, a reduction of $62.19 per month. The other 403 residents will have a premium between their current one of $310 to a possible 326. A couple of years ago we passed a law saying that the maximum increase could be 5 percent, so they will still pay substantially under what our people will pay. I wish we could do more, but I think this a reasonable request during these tough fiscal times. I'd ask for your support."

Speaker Lyons: "Is there any questions? Seeing none, the question is, 'Should House Bill 1098 pass?' All those in favor signify by voting 'yes'; those opposed say 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Will Davis. Mr. Clerk, take the record. On this Bill, there are 114 Members voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Michael Bost, for what purpose do you seek recognition, Sir?" 09600039.doc 208  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The Clerk will so note and be recorded in the Journal. Thank you, Mr. Bost. Mr. Clerk, Representative Colvin has House Bill 3806. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Marlow Colvin."

"Thank you, Mr. Speaker. I have for the House for consideration House Bill 3806, which would create the Mortgage foreclosure Prevention Law of 2009, which provides eligible borrowers the right to defer a judicial sale for a specific amount of time after disclosing an affidavit to the foreclosing lender. A little background on this Bill. This deals with giving borrowers who have mortgage loans that were made by subprime lenders. It does not account for conventional loans, FHA loans. What we're trying to do here is simply attempt to deal with those individuals who are wrestling with loans that are now readjusting giving them a period in which they can perhaps work out an agreement and justify… excuse me, to make adjustments to their original loan with respect to an ongoing mortgage foreclosure crisis. There was no opposition in committee. The banks and other lenders had no opposition. I'd be happy to answer any questions."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 3806 pass?' All those in 09600039.doc 209  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 favor signify by voting 'yes'; those opposed vote 'no'. 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 Bill, there's 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Mr. Eddy has on… has House Bill 3245. Read the Bill, Mr. Clerk."

"Third Reading. Read the Bill."

"Roger Eddy."

"Any discussion? Seeing none, the question is, 'Should House Bill 3245 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Feigenholtz, Dugan, Monique. Mr. Clerk, take the record. On this Bill, there are 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 20 of the Calendar, Representative Mendoza has House Bill 935. Read the Bill, Mr. Clerk."

"Susana Mendoza."

"Thank you, Mr. Speaker… thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 935 is the DNA Fingerprint Analysis Bill. I put this Bill before this chamber and overwhelmingly passed it, I think on four separate occasions. I'm here once again this year and excited about the fact that it will be heard in the Senate for the first time. Basically, what this Bill does is that it would take a DNA sample of anyone who's arrested for a felony. We currently do it for convicts. This would expand it to include felony arrests. And the reason why I think this is important is, that statistically, the more samples that are in the DNA database the more likely that a crime will be solved. The nature of serial crimes, in particular, is that the sooner we identify the perpetrator, the sooner we can prevent crime. And we won't be 09600039.doc 211  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 maximizing the potential of DNA technology until we're actually at the stage where we're preventing crimes. Just a couple of quick examples. Chicago study in 2004 showed that Andre Crawford was arrested for felony theft in March of 1993. His DNA was not taken upon arrest. Six months later, Crawford committed a murder and left DNA evidence at the crime scene. If Crawford's DNA had been in the system when the felony theft arrest occurred, police could have immediately caught him after the first homicide. Instead, this individual, Andre Crawford, went on to commit 10 murders before we were able to stop him. Again, I think you guys know the issue. I will be happy to answer any questions, but really look forward to having your support."

"Representative Durkin."

"Representative Jim Sacia."

"Sponsor yields."

"I don't, Representative."

"Yes." 09600039.doc 213  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Without a doubt."

"Yes. Second I would say to DNA."

"I often think in this climate, no. Think it would be difficult to pass today."

"You're correct."

"Representative Fortner agrees that is the correct term."

"Thank you."

"Representative Will Burns."

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

"Sponsor yields."

"Representative, under current law, can police departments voluntarily request this information of folks who are arrested?"

"A judge has to… has to approve that the DNA be submitted."

"But the police can request…"

"Oh, yes, I'm sorry. I misunderstood your question. Yes, the police can request an individual to submit his or her DNA." 09600039.doc 215  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"And so… to the best of your knowledge, at this time, do police currently ask folks who are arrested for crimes, to submit DNA samples voluntarily?"

"Yes. But they can also agree not to submit the sample voluntarily."

"Okay. According to my analysis, the Illinois State Bar Association is opposed to the legislation. Can you explain briefly why?"

"Yes. I think their opposition over the years has stayed consistent. It's been primarily that they say it's a violation of the Fourth Amendment. The courts have… there's 16 states that do this now, and this has been challenged in the courts, and it has been consistently upheld to be the case that it's not a violation of the Fourth Amendment. Also, they have issues with probable cause, and they have issues with automatic expungement. And I would argue that to automatically expunge the DNA and treat it differently than we would a fingerprint, would actually emaciate the Bill. The whole point of being able to stop or prevent serial rapes and serial murders in particular, serial offenses, is to have a DNA database in which the DNA stays in the database, and we can then use that to cross reference evidence that comes up on a crime scene, that we don't know who that particular DNA belongs to."

"One last question. The other thing I was told, is that with some of the states that have this system, they re… the DNA samples are only taken from persons who have been 09600039.doc 216  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 indicted for a felony offense. And have you thought about potentially amending your Bill to do that?"

"There's only one state I believe that does it under indictment. Most of the other states that do it, again, there's 16 states that do this, do it for felony arrest. So, I think that's a much… it gets us a much better pool of DNA in which to be able to prevent crime in the future."

"Mr. Speaker, to the Bill. I have tremendous respect for the Sponsor of this legislation. I know it's late in the day and many of us are trying to get back home, myself included. I've struggled with this Bill. Between balancing the need to protect the rights of those who have not been convicted of any crime, or have not been indicted by a grand jury, I feel that this Bill, as it's currently written, goes too far. I hope that maybe there's an opportunity to maybe work on a scaled down version where it's limited to folks who have been indicted. There's some serious concerns that have been brought up by previous speakers about the Bill. I will be voting 'no'."

"Representative Reboletti."

"Sponsor yields."

"I think it's much less invasive than that." 09600039.doc 217  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"It would take effect when the Illinois State Police is ready, so, in other words, when they no longer have a backlog or by 2013 at the latest. And so I would be willing to work with anyone who has an interest in that to make sure that in 2013 even is too soon and we're not yet ready, we can continue to postpone that. But I don’t want to go too much further than that. I share the same concerns about the backlog."

"Mr. Reboletti, the Gentleman to your right, Mr. Rose."

"Representative Mendoza to close."

"Thank you, Mr. Speaker. And I'd like to thank all of the… and I want to quote Representative Eddy, hopefully he won't get up and speak on debate here, but all of the Honorable Representatives for their comments today. And just a couple of things to wrap up here. Just want to clarify, why I think it's so important to do this upon arrest and not the actual conviction only or the indictment only. And that for example, in California one of the reasons that the law was spurred and passed there, there were 12 women who were raped and killed over a 15-year period. The individual who killed them had been arrested, arrested, not convicted, not charged, arrested 21 times 09600039.doc 220  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 while he was raping and murdering these women over the 12… I mean, over that 15-year period. If we would have taken his DNA at any one of those arrests, we would have stopped him cold in his tracks and those women would have not needed to die. So, this is a very important Bill in terms of preventing crime, and to me, that's why I feel so passionate about this. I guess I could go on and on, but I think we're ready. We know how we're going to vote. And I'd appreciate an 'aye' vote. Thank you."

"The question is, 'Should House Bill 935 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Jackson. Take the record. Mr. Clerk, on this Bill are 96 Members voting 'yes' and 9 voting 'no', 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Biggins, for what purpose do you seek recognition, Sir?"

"What's your question, Mr…"

"A short period of time, Mr. Biggins, a short period of time. He'll be getting re… I think, you know, he's getting ready. Representative Joyce, on page 29 of the Calendar, you have House Bill 1345. Read the Bill, Mr. Clerk."

"Representative Kevin Joyce."

"Thank you, Mr. Speaker. House Bill 1345 would amend the Freedom of Information Act. It would require that settlement agreements between public bodies, the amount of money that is settled upon, would be available under the Freedom of Information Act. We passed this Bill two years ago, overwhelmingly, and the previous administration stopped it from being called in the Senate. So I appreciate an 'aye' vote, and happy to answer any questions."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 1345 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Biggins, Rose, Saviano. Mr. Clerk, take the record. On this Bill, there are 108 Members that voted 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Careen Gordon, you have House Bill 1628. Read the Bill, Mr. Clerk." 09600039.doc 222  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Representative Gordon on Floor Amendment #1." Gordon, C.: "Thank you, Mr. Speaker. House… House Bill 1628 extends the TIF agreement in Morris, Illinois. There is no objection to this. All letters were in. And it's actually a better TIF than what it started out with because there's actually intergovernmental agreements between all of the taxing bodies that are involved. And once the TIF is passed down here, they will actually start giving them the money right away even though the TIF is not… oh, we need to adopt the Amendment."

"It's the Amendment." Gordon, C.: "Right."

"On the Floor Amendment #1." Gordon, C.: "We need… I move to adopt…"

"Moves to…" Gordon, C.: "…Floor Amendment #1."

Speaker Lyons: "All right. The Lady moves to adopt Floor Amendment #1 to House Bill 1628. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Anything further, Mr. Clerk?"

"Third Reading, and read the Bill."

"Representative Careen Gordon." 09600039.doc 223  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Gordon, C.: "Thank you, Mr. Speaker. House Bill 1628 extends the TIF that is in Morris, Illinois. It extends it from 23 years to 35 years. What's interesting about this TIF is that there have already been intergovernmental agreements between all of the taxing bodies that are involved. And even though the TIF does not expire until next year, once this is put in place now, all of the money that would normally be given to them under the TIF is going to start being given to them now. So, it actually works in favor of the taxing bodies. And I would ask for an 'aye' vote."

"Representative Black."

"State your inquiry, Sir."

"Representative Gordon." Gordon, C.: "It lists… the House Amendment #1, it lists me as the Sponsor of the… it was a shell Bill that was given to me, and the House Amendment #1. And as… and it lists me as that. And the paperwork is also being worked on."

"It's on the…"

"Mr. Black, I do believe that process is in the works as we speak. I'm sorry for that."

"Thank you, Mr. Black."

"Mr. Clerk… Thank you, Mr. Black. Careen Gordon to close." Gordon, C.: "Thank you. And I'd appreciate your 'aye' vote. And I do love the technology of 2009, Representative Black."

"The question is, 'Should House Bill 1628 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Mulligan. …take the record. On this Bill, there's 97 Members voting 'yes', 11 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 24 of the Calendar, Representative Connie Howard has House Bill 3961. What's the status of that Bill, Mr. Clerk?"

Speaker Lyons: "Representative Connie Howard on the Floor Amendment 2." 09600039.doc 225  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"House Amendment #2 to House Bill 3961 is a gut and replace Amendment. It makes changes to the expungement and sealing statute in two ways. Firstly, the Amendment is an agreed upon rewrite and clarification of the current expungement and sealing laws. Secondly, the Amendment creates certain expungement and sealing reporting requirements of the State Police."

"Any discussion on the Amendment? Seeing none, all those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"

"Third Reading, and read the Bill."

Speaker Lyons: "The Lady from Cook, Representative Connie Howard."

"Yes, thank you, Mr. Chair. As I said, this Amendment, House Bill 3961 is intended to clarify the current laws regarding expungement sealing of criminal records. Under the current statute, many problems have arisen. Specifically, there has been much confusion regarding what types of records may qualify for expungement and/or sealing, and as to what the appropriate waiting periods are for sealing of records. This has led to much litigation around the state, particularly with regard to the Illinois State Police's refusal to comply with orders to expunge or seal issued by the courts. To remedy these issues, the 09600039.doc 226  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Bill would do the following. It would create definitions of all relevant terms in the statute including expunge and seal. It would make clear that orders of supervision or convictions for minor traffic offenses, for example, a speeding ticket, do not affect a petitioner's eligibility. It would prohibit the expungement or sealing of orders of supervision or convictions for reckless driving. Those are some. There's a number of others. I can take questions at this time."

"Representative Reboletti."

"Sponsor yields."

"That is correct."

"That is correct as well. And I would like to say, at this time, that I appreciate the fact that Representative Reboletti, other Members of my committee including 09600039.doc 227  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Representative Sacia and Wait have been very cooperative in helping me with this Bill."

"The question is, 'Should House Bill 3961 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. 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 Bill, there are 104 Members voting 'yes', 1 person voting 'no'. This Bill, having received the Constitutional Majority, is hereby decla… Mr. Clerk, on page 8 of the Calendar, Representative Don Moffitt has House Bill 1041. What's the status of the Bill, Mr. Clerk?"

"Representative Moffitt on the Amendment."

Speaker Lyons: "Any discussion on the Amendment? Representative McAsey, is this on the Amendment?"

"No. As to the prior question, I just wanted my intent was to vote 'green'… that's Representative Howard."

"The Journal will so reflect."

"Thank you."

"All those in favor of the adoption of Amendment #3 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading, and read the Bill."

"Representative Don Moffitt."

"Any questions? Seeing none, the question is, 'Should House Bill 1041 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is 09600039.doc 229  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 105 Members voting 'yes', 2 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Riley has House Bill 2425. Read the Bill, Mr. Clerk."

"Representative Riley."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2425 is similar. It's identical to a Bill that passed out of this Body in the last General Assembly. And basically what it does, it will annex to the MWRD, an area in my district, unincorporated area called Crawford Country Side. It would just annex them to the Metropolitan Water Reclamation District. And I ask for 'aye' votes on this Bill."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 2425 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mitchell, Bassi. Mr. Clerk, take the record. On this Bill, there are 70 Members voting 'yes', 37 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 20 of the Calendar, 09600039.doc 230  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Representative Karen May has House Bill 3685. Read the Bill… what's the status of that Bill, Mr. Clerk? 3685."

"Representative May on Floor Amendment #1."

"Oh. That wasn't adopt… it was adopted wasn't it?"

"Mr. Clerk."

"No. No, I'm sorry."

"Mr. Clerk on Floor Amendment #1."

"Okay."

"Then I move the adoption of Floor Amendment #1. It takes out the word 'worrying', and it also adds some… narrows the legislation to make the defense, an affirmative defense, if there is negligence on the part of the owner or provocation by the other animal. I wish we could discuss it and debate it on Third."

"Is there any discussion? Seeing none, all those in favor of the adoption of Amendment #1 signify by saying 'yes' or howling like a dog; those that say 'yes'; opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading and read the Bill, Mr. Clerk." 09600039.doc 231  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The Lady from Lake, Representative Karen May."

"Yes, thank you. I present you, Ladies and Gentlemen, perhaps the only noncontroversial animal Bill in this Session. It seems on the animal bills before us sometimes it's raining cats and dogs, sometimes they put the cart before the horse, sometimes they're barking up the wrong tree. I'd like to read an e-mail from a… Okay. It deals with owner responsibility. Unanimous out of the Ag Committee. I just should mention though, that in redrafting Amendment #1, there was a drafting error and they left out the definition of 'companion animal' as a dog or a cat. That will be added in the Senate."

"Mr. Black."

"I think she will, Mr. Black."

"Representative."

"It was a mistake in drafting the Amendment. It will be added back in the Senate. The definition of…"

"A companion animal for this Bill is a dog or a cat that is treated as a cat."

"Representative, I… in… everyone encouraging me to move it along. I'm…"

"A companion animal is a cat or dog that's treated as a pet."

"Yes."

"Yes. This particular part of the statute includes, and in fact, what my constituent pointed out, that the citizens of this state, that if the owner of a dog that attacks a sheep, a goat, a cattle, a horse, mules, poultry, ratites or swine, that they are responsible. Now we are a society of cat and dog lovers, and my constituent asked, why aren't our beloved cats and dogs protected as well?"

"This is going to hold the owner responsible for the action, yes, and protect our cats and dogs." 09600039.doc 233  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Yes. I don't…"

"We did, too, so that's been on…"

"That's been on the books for quite a few years, so I thought it was time to take it out."

"Yes. That part. I think…"

"I think it was actually worrying your sheep or your cow or your swine or your goat."

"Yes. That's why I didn't put an amount in it. The court would adjudicate and decide what is the value of the animal. Some animals may not be… they might not have paid as much for their cat or dog, whereas, other ones are very pricey designer dogs." 09600039.doc 234  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Designer dogs."

"No."

"Representative Bost. Representative Tryon."

"Jil Tracy."

"Sponsor yields."

"Representative, the reason I added the negligent was to really get to the owner's responsibility."

"I don't really…"

"…I don't anticipate many damages at all for pursuing or chasing. I think that the damages will come in when they kill the dog. As in Representative Tryon's, the constituent who wrote to me had someone break through the fence after they kept asking them to repair the fence and the dog came through and killed their dog. Another dog… 09600039.doc 236  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 another owner was walking his dog on a leash when another dog, through the owner's negligence, came and attacked their dog and tore open the shoulder requiring many stitches. So…"

"The…"

"Responsibility for the owners?"

"Yes."

"But as… as Representative Tryon mentioned, this clarifies owner responsibility on the part of negligence of the owner. The constituents that I have worked with have said that it has been a very torturous and painful process that no one took them seriously in the courts. I think that this adds clarity about owner responsibility. And groups of the animal rights groups and the veterinarians, are all about owner responsibility instead of our choice is to consider banning bills and banning certain breeds and that just is a very, very difficult things to do." 09600039.doc 237  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Representative, law enforcement in my area has said that this would be… that this would be a help for the owners. The owners and the law enforcement, the police…"

"No, it's not a criminal offense."

"Representative…"

"Right. And I said I didn't want to put penalties in because some dogs are very expensive. If I put a $500 penalty, there could be some dogs that owners paid $3 thousand for…"

"…and that would be a disservice just…"

"Representative Tracy, your time has expired. Please conclude your remarks."

"Representative Dunkin."

"Yes. Will the Sponsor yield?"

"Sponsor yields."

"Representative, what happens if the dog's in heat? You're walking the dog, you know, dogs are at a different temperament when they are going through certain physiological stages. Should they…"

"I will quote the Speaker…"

"…only be penalized…"

"…I will quote the Speaker. I choose not to answer that."

"No, that's a legitimate question because that's a… there's a… that's a different temperament as it relates to animals. And if you… I'm an owner and the dog is sort of at a different state of mind, should I be penalized at the same level?"

"Yes. Yes, Representative, you would be. If you…"

"Thank you."

"Representative Brauer."

"As Speaker… Karen May to close."

"Thank you for the comments. And I would just like to thank my colleagues John 'puppy mill' Fritchey, for his input. A Don 'animal lover' Moffitt who has worked with me on this. Dennis 'Rottweiler' Reboletti, and Jim 'happy trail' Sacia in trying to compromise and get something that deals with rural areas and the suburban areas. Thank you."

"The question is, 'Should House Bill 3685 pass?' All those in favor signify by saying… by voting 'yes'; those opposed vote 'no'. The voting is open. Have all 09600039.doc 239  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 106 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 30, Suzie Bassi has House Bill 2871. Read the Bill, Mr. Clerk. Move that Bill back to the Order of Second Reading, Mr. Clerk and what's the status of the Bill?"

"Representative Bassi."

"Representative, we'll do just Amendment #1."

"All those in favor of the adoption of Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 is adopted. Mr. Clerk."

"Amendment #2, Representative Bassi."

"Any questions? Seeing none, all those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is adopted. Anything further, Mr. Clerk?" 09600039.doc 240  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Third Reading, and read the Bill."

"Representative Bassi."

Speaker Lyons: "Is there any discussion? Seeing none, the question is, 'Should House Bill 2871 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. 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 Bill, there are 106 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Hernandez has… on page 28 of the Calendar, House Bill 917. Read the Bill, Mr. Clerk."

"Representative Hernandez."

"Thank you, Speaker. House Bill 917 is an initiative of the Illinois State Dental Society. The Bill clarifies what is considered dental service under the Medical Assistance Program at the Department of Health Care and Family Services. The Bill is simply trying to codify what State Law defines as a state dental service with what the Federal Government offers as a dental service for the purposes of maximizing the most federal dollars. I ask for an 'aye' vote." 09600039.doc 241  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"Any discussion? Seeing none, the question is, 'Should House Bill 917 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Jack McGuire. Take the record. On this Bill, there's a 104 Members voting 'yes', 0 voting 'no', 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Golar, on page 27 of the Calendar is House Bill 520. Read the Bill, Mr. Clerk."

"Representative Esther Golar."

"Thank you, Mr. Speaker. House Bill 520, it's a House Amendment #1. It amends the definition of 'mentally capable adult relative', and 'physically capable adult relative'. Mentally capable adult relative means a person 21 years of age or older who is not suffering from a mental illness that prevents him or her from providing care to a child. Physically able… capable adult relative means a person 21 years of age or older who does not have a severe physical disability or condition or is not suffering from alcoholism or drug addiction. The synopsis of the Bill and what the Bill does. This Bill would prevent the parent or parents or other persons responsible for the minor welfare from placing the child with a person that an objective observer would agree is inappropriate to care for the child, then using the current statute to deven… to defend 09600039.doc 242  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 their decision of placement. The affect of the Bill on all parties, parent or persons, places the burden on them to make sure that the person they are leaving their child with is mentally and physically capable and willing and able to care for the minor for any period of time. Provides for safer environments for those minors who cannot care for themselves and are dependent on the parents, relatives, or eventually the system to keep them safe. This is an initiative for the Cook County State's Attorneys Office. I urge an 'aye' vote."

"Mr. Bost."

"Sponsor yields."

"Your question is valid. The purpose of this Bill is to say a person could be 90…"

"Can you hear me?"

"…90 years of age and of course quite capable. What is happening and what the cases that have come before DCFS, 09600039.doc 243  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 for children that have been left with older individuals, will stay for… they say, well, I'm going to leave Johnny with you for a half an hour or, I'm going to leave him overnight. And then that person 90, that child is left with them three to four or five days, which could bring about…"

"It just… it just defines mentally and capable adult and physically capable adult."

"Well, it's an adjudication period. What is currently happening, they've had so many cases that have shown that there has been some neglect with the children that have been left, not just in terms of age, but in terms of people that leave their children with a person that may have substance abuse problems of that nature."

"Well, the purpose of this legislation, Representative, there isn't presently a standard in the code." 09600039.doc 244  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"There is not."

"There is not. And what is happening as they petitioned before, these cases are brought before the sub-Circuit Court or the… we just want to make the parents responsible."

"The standard would… there is no standard and the legislation would make sure that the parent is leaving them with a mentally capable adult."

"Well, that depends. If it's a… if it's an older sibling, we're saying adults 21 years or older."

"That is correct."

"That's not an issue, Representative."

"Well, that's…"

"Representative Bost, your time has expired. If you could conclude your questions, we'd appreciate it."

"Representative Golar to close."

"Thank you, Mr. Speaker. This Bill basically… in regards to the questions with Representative Bost. It says 21 years, but it also says, mentally and capable. I am sure that if a… if he had a… there was a sibling that was 18 years old and is mentally and capable, that would not be a problem. As the courts have been filled with parents that are leaving their children with adults or relatives… I mean, adult relatives or even someone, maybe not even a family member, and for some reason or another, there are things that are happening to these children. And there is no standard, and so… and we're giving a standard for this. And I would urge an 'aye' vote."

"The question is, 'Should House Bill 520 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. 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 Bill, there's 89 Members voting 'yes', 16 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bassi, for what purpose do you seek recognition?" 09600039.doc 246  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009

"The Journal will reflect your request."

"Mr. Clerk, what is the status of House Bill 1200?"

Speaker Lyons: "Representative Mautino on House Bill 1200, Amendment #2."

"Mr. Clerk. Okay. The Amendments before you… Mr. Clerk, is there Amendments #1 and Amendment #2?"

"Mr. Clerk."

"Floor Amendment #2, and this creates the Certificates of Participation Act, and in this Amendment does five things. And what this does is it creates the state Participation… Certificates of Participation Act, is the first thing. This participation is a bonding instrument used by public universities in a place absence, when there's absent any capital funding. They can use it for immediate campus maintenance, needs, and deferred maintenance project. It would apply to the nine public universities of the state. The Act essentially gives those universities clear authority to issue the certificates. That's because the… also language within the Bill is… was 09600039.doc 247  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 designed to clarify ambiguous language on contract leases and terms. That made that necessary. The public universities must go to the Commission on Forecasting Governmental Accountability and then, from there, they would ask if they can issue this debt, and this is not state debt. The commission recommends if… to be adopted, they can recommend it with concerns or they can say nonsupport. If the commission says nonsupport within 15 days, they come back and they report that to the Speaker of the House, Minority Leader of the House, President of the Senate, Minority Leader of the Senate, the Governor's Office of Management and Budget, and the President of that state university. And if the commission recommends that there's nonsupport for issuing this debt, then they have to come back to us, and they would have to pass a Resolution through the General Assembly as a safeguard. This language has been worked out. It's been agreed to by all of the nine public universities, and there is no opposition. I commend the University of Illinois and all of our state universities for their work in this issue. Ask for adoption."

Speaker Lyons: "Mr. Black, you have a question on Floor Amendment 2? Your light's on… Was on."

"The Gentleman yields."

"Yes."

"Yes. The… actually all of the states set their bond limits at what they have been using in the past, in order to clarify that. Chicago State has none that was set and set that as the cap. So, should they need to do this for repairs to a building, maintenance, in the future, that would be their cap. So each university set its own cap. Originally, they asked to be out of the Bill…"

"…decided to… that they would like that for security."

"Yes. From the income streams of the universities. This is… the Amendment makes clear that this is not state debt."

"And that's important. That's what Certificates of Participation are. When they were created, they were created because we weren't passing bond Bills. So, under Governor Edgar…"

"…they created these, if you remember."

"No. And that's specifically in the language."

"Further questions on the Amendment? Mr. Rose, do you have a question on the Amendment? No. All those in favor of the adoption of Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Read the Bill."

"Representative Jakobsson on House Bill 1200."

"Thank you, Mr. Speaker. House Amendment #2 became the Bill. So, I urge an 'aye' vote because we've already had an explanation of it. Thank you."

"Representative Rose."

"Those in favor of the passage of House Bill 1200 vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dugan. Kevin Joyce. Kevin Joyce. Mr. Clerk, take the record. On this Bill, there's 106 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what's the status of Elaine Nekritz's House Bill 3792, on page 22 of the Calendar?"

"Out of the record. Mr. Clerk, what's the status of Rosemary Mulligan's House Bill 571, on page 5 of the Calendar?"

"Representative Mulligan on the Floor Amendment #1."

"Mr. Rita, do you have questions on Amendment #1? Mr. Rita. Bob Rita, do you have questions of Amendment #1? No. All those in favor of the adoption of Amendment #1 to House Bill 571 vote… say 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 is adopted. Anything further, Mr. Clerk?"

"Read the Bill, Mr. Clerk. Third Reading. Read the Bill, Mr. Clerk."

"Rosemary Mulligan on House Bill 571."

Speaker Lyons: "There any discussion? Seeing none, the question is, 'Should House Bill 571 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative McCarthy. Take the record. On this Bill, there's 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bob Pritchard, on 09600039.doc 252  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 page 30 of the Calendar, you have House Bill 2669. Read the Bill, Mr. Clerk. 2669, Mark."

"I believe there's an Amendment on that Bill. We'll put that on the Order of Second Reading. And what's the status of the Bill, Mr. Clerk?"

Speaker Lyons: "Representative Pritchard on Floor Amendment #1."

"Any questions? Seeing none, all those in favor signify of its adoption by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading, and read the Bill."

"The Gentleman from DeKalb, Representative Bob Pritchard."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 2669 pass?' All those in favor signify by voting 'yes; those opposed vote 'no'. The 09600039.doc 253  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brady, Burns. Betsy Hannig. Will Burns. Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 5 of the Calendar, Monique Davis has House Bill 419. What's the status of that Bill, Mr. Clerk?"

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

Speaker Lyons: "The Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. This is certainly a Bill whose time has come. It is… it is… it is extremely important that we realize that we must stop the spread of AIDS. What are the many different ways to stop the spread of AIDS? As you know, when inmates are incarcerated, very frequently there is consensual sex. This Bill merely asks that inmates are allowed to purchase, they're allowed to purchase condoms to stop the spread of AIDS. The Department of Corrections argues that they provide information and education, if the inmate wants education and information. And that is all they do to prevent the spread of AIDS. This particular piece of legislation is supported by a large number of organizations. A large number of organizations whose interest it is to stop and 09600039.doc 254  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 prevent the spread of AIDS. People go into prison, have consensual sex, they come out and spread the disease to girlfriends, to wives, and to those they have relationships with. This is such a small thing that we can do with our effort to prevent the spread of AIDS. I will answer questions to the best of my ability. And I urge an 'aye' vote."

"Representative Bellock."

"To the Bill."

Speaker Lyons: "No one seeking further questions, Representative Davis to close." Davis, M.: "Yeah. We… thank you. We have Planned Parenthood, the AIDS Foundation, ACLU, and some of the other community organizations are in great support of this legislation."

"The question is, 'Should House Bill 419 pass?' All those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all 09600039.doc 255  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 11 Members voting 'yes', 86 voting 'no', 4 voting 'present'. This Bill, having failed to receive the Constitutional Majority, is declared failed. Mr. Clerk, Representative Will Burns has House Bill 3863. Read the Bill, Mr. Clerk."

"Representative Burns on Floor Amendment #1."

"Floor Amendment #1 is a work in progress. I'd like to amend the Bill and then discuss it on Third Reading. Move to adopt."

Speaker Lyons: "Is there any discussion on Amendment #1? Seeing none, all those in favor signify by voting 'yes'; those oppo… say yes; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 is adopted. Anything further, Mr. Clerk?"

"Third Reading and read the Bill."

"Representative Will Burns."

"Thank you very much, Mr. Speaker, and Ladies and Gentlemen of the House. This Bill is a Bill I've been working on since the beginning of Session. I've been working very closely with the banks and credit unions, community bankers. The Amendment is not agreed to. I made 09600039.doc 256  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 a commitment in committee to continue working towards an agreed Amendment in the Senate, and I'm committed to an agreed Amendment provided that everyone continues to work in good faith. So, we're going to send this over to the Senate, work on an agreed Amendment, and bring it back to the House. I ask for your 'aye' vote."

"Mr. Rose."

"He's ready for your question, Sir."

"Thank you very much, Representative. That is my intent. My intent is to send it over to the Senate so that we can continue working toward an agreed Amendment, provided that everyone continues to work in good faith."

"So, that's my intent and that's my commitment to you."

"No further discussion, the question is, 'Should House Bill 3863 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Watson. Representative Cultra, Ramey, Pihos, Sandy. Mr. Clerk, take the record. On this Bill, there are 90 Members voting 'yes', 12 people voting 'no'. This Bill, having received the Constitutional 09600039.doc 257  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Majority, is hereby declared passed. Agreed Resolutions, Mr. Clerk."

"Representative Lang moves for the agreement… a Motion for the agreement on Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are so moved. Mr. Clerk, House Bill 704."

"The Chair recognizes the Gentleman from White, Representative Phelps on Amendment #1. Floor Amendment #1."

"This is a gut and replace language. The Farm Bureau… just only three counties, increases three county commissioners to five. I ask for adoption."

Speaker Lyons: "Is there any discussion on the Amendment? Seeing none, all those in favor of the adoption of Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. 09600039.doc 258  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Floor Amendment #1 is adopted. Anything further, Mr. Clerk?"

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

"Representative Phelps."

"I just ask for an 'aye' vote."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 704 pass?' All those in favor signify by voting 'yes'; those opposed say (sic-vote) 'no'. In the op… 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 Bill, there are 86 Members voting 'yes', 15 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Adjournment Resolution, Mr. Clerk."

Speaker Lyons: "You've heard the Adjournment Resolution. Representative Lang moves for the adoption of the 09600039.doc 259  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/3/2009 Adjournment Resolution. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the agreed… adoption (sic-Adjournment) Resolution is adopted. Anything further? And now, allowing perfunctory time for the Clerk of the House, the House will stand adjourned until the hour of 12 noon on Tuesday, April 21. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have. And the House stands adjourned, allowing perfunctory time for the Clerk, to the hour of 12 noon on Tuesday, April 21. Have a wonderful vacation. Go Cubs, go Sox, go Cardinals. Go final four. Enjoy your two weeks, everybody. Thank you very much." 09600039.doc 260