Illinois House Floor Debate — October 29, 2009

"The hour of 10:00 having arrived, the House shall be in order. Members and guests are asked to refrain from starting their laptops, and turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Rabbi Aaron Melman, who is the Rabbi with the Congregation Beth Shalom in Northbrook, Illinois. Rabbi Melman is the guest of Representative Nekritz."

"We'll be led in the Pledge of Allegiance today by Representative Moffitt." Moffitt – et al: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

"Roll Call for Attendance. Representative Currie."

"Thank you, Speaker. Please let the record show that Representatives Careen Gordon and Hannig are excused today."

"Representative Bost."

"The record will reflect. Mr. Clerk, take the record. 114 answering the roll, a quorum is present, and the House shall be in order. Mr. Clerk, First Readings."

"Mr. Clerk, introduction of Resolutions."

"Mr. Clerk, on page 6 of the Calendar, under Concurrences, appears House Bill 2239, Representative Currie."

"Thank you, Speaker and Members of the House. I move that we concur in the Senate Amendment to House Bill 2239. In the spring when we adopted the Budget Implementation Act, there was a… part of the measure was an effort to close what some regarded as a tax loophole. We've since discovered that it wasn't a loophole. What that would have required was additional payments from partnership members to the personal property replacement tax, a tax that goes to local government. So, I think there was a general understanding, among the Leaders of the four caucuses and the State Department of Revenue, that the change we made actually put at a disadvantage people who were part… partnerships rather than corporations. This restores the language that was then deleted, and the effect will be that if a member of a partnership performs services for the partnership, that will be treated just the way the services performed by a… an employee would be treated at a corporate level. So, we're trying to make sure that no matter the form of business organization, everybody is treated fairly, 09600081.doc 3  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 everybody is treated the same. I would appreciate your support for the Concurrence Motion."

"The Lady has moved concurrence with Senate Amendment #1 to House Bill 2239. On that question, the Gentleman from Crawford, Representative Eddy is seeking recognition."

"No one's seeking further recognition, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 2239?' This is final action. All those who favor signify by voting 'aye'; opposed vote 'nay'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting 'aye', 0 voting 'nay', and 0 voting 'present'. The House does concur in Senate Amendment #1 to House Bill 2239. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 7 of the Calendar appears Senate Bill 1050, Representative Currie." 09600081.doc 4  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Thank you, Speaker. I move that we accept the Amendatory Veto of the Governor with respect to Senate Bill 1050. This is a measure that would enable people who have finished serving their criminal sentences, it enables them to go back to the court that sentenced them in the first place, asking for a certificate of good conduct, a relief from disabilities. This measure that the Governor's Amendments made very technical changes in the Bill, so the basic thrust is still there. This Bill, when we approve the Governor's Amendment, will mean that people have the opportunity to go to court to show that they're able to operate effectively in society. It also will ask the Department of Financial and Professional Regulation to let them know ahead of time whether it's likely they would be accepted for a barber's license, a chauffeur's license, and what have you. So, I know of no opposition. And I would appreciate your support for this Amendatory Veto."

"The Lady has moved the House to accept the Amendatory recon… recommendation of change from the Governor on Senate Bill 1050. On that question, Representative Eddy, the Gentleman from Crawford."

"She indicates she will."

"I was not aware of any opposition, Representative." 09600081.doc 5  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"I did have a lot of help on drafting the Bill, changes that we made in the House from Representatives Chapin Rose and Dennis Reboletti."

"I thank them for that."

Speaker Mautino: "No further Members seeking recognition, Representative Currie moves to accept the specific recommendations of the Governor as to Senate Bill 1050. All those 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? Representatives Bassi, Jefferson, Myers, Schmitz, do you wish to be recorded? Mr. Clerk, take the record. This Bill, having received 89 voting 'yes', 25 voting 'no', 0 voting 'present', the Motion to Senate Bill 1050 are accepted, and declare this Bill passed in that form. On page 7 of the Calendar appears Senate Bill 1391, Representative Lang." 09600081.doc 6  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Thank you, Mr. Speaker, Ladies and Gentlemen. I move to concur with the Senate and override the Governor's Amendatory Vetoes on Senate Bill 1391. The Governor's changes were not in compliance with our reading of the Constitution. I think the Governor went way beyond what his authority and power was. This is a Bill that passed with a fairly substantial Majorities in both chambers."

"Representative Lang moves that House Bill… excuse me, Senate Bill 1391 do pass, notwithstanding the specific recommendations for change of the Governor. On that question, the Gentleman from Crawford, Representative Eddy is seeking recognition. This will require 71 votes."

"Indicates he will."

"That's correct, Sir."

"I presume that's part of it, but the important thing to understand about this Bill, as I understand it, is that these are professionals specifically trained in family therapy. There are many situations, as you know, Representative, that arise at a school district level where the issues are very much wrapped up in what's going on in 09600081.doc 7  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 the family. All… additionally, I think you know there are many school districts that have had trouble employed… employing counselors of all types and varieties, and this would give us additional options in some school districts."

"The Gentleman from Champaign, Representative Rose is seeking recognition."

"Further discussion? The Lady from Cook, Representative Yarbrough."

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

"He indicates he will." 09600081.doc 9  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Representative, you've worked a long time on this Bill, and I… I know it's been around here for quite some time, and so, I want to thank you for introducing it. What seems to be the… the challenge here? Why are we trying to override the Governor's Veto?"

"I think there are a couple of issues at work here. First and foremost, there are many people in allied type professions such as school counselors who are simply opposed to this Bill because, as well-intentioned as they are, they see this as an incursion on what they do. Perhaps, less of them may be hired. But the truth of the matter is, that there are school districts in our state that can't find a counselor, that can't hire the right people. There are also school districts in this state who would, under given circumstances, want to bring in someone who's trained in family therapy rather than school counseling, which is what this Bill does. I heard the comments by one of the Gentleman on the other side of the aisle regarding this Bill, and the fact is that while the Governor has indicated in his Amendatory Veto that this Bill doesn't create guidelines, in fact, I would disagree with the Governor. It specifically says that the Board of Education would set guidelines, minimum standards, minimum certification requirements to make sure that those who would be hired, who are family therapists in school districts around this state, actually met a specific threshold. So, I think the Governor's Amendatory Veto is… it doesn't indicate the reality of the Bill." 09600081.doc 10  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Thank you. Thank you for your comments there. To the Bill, Mr. Speaker. I would just ask all of my colleagues to support the Gentleman's Motion to override this Veto. I think it's… there are a number of challenges that are going on in our schools, and having a family therapist who've tried to address and navigate students through the process is… is a good thing. So, I ask for an 'aye' vote."

"Further discussion? The Gentleman from Lee, Jerry Mitchell, Representative." Mitchell, J.: "Thank you… thank you, Mr. Speaker. Will the Sponsor yield?"

"He indicates that he will." Mitchell, J.: "Representative, do… do you feel that this Bill could possibly enlarge the exposure of school districts to litigation?"

"No." Mitchell, J.: "Let me give you an example. Let's say a family therapist, or marriage counselor, whatever we want to call them, provides services to a child with a disability and the parents objects. The parent or the parent's attorney discovers the family therapist does not have the education, the training, the experience, and is not certified to provide such services."

"Well, Representative, let me again go back to the Bill. There's a lot of counseling folks out there that want to turn this Bill into something it isn't. This is a simple Bill. It enables school districts to hire these folks for specific purposes after… I'll say it again, after the State 09600081.doc 11  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 Board of Education creates certification requirements and rules and regulations about the standards these folks must meet, the hoops they must jump through, before any school district can hire them." Mitchell, J.: "So, basically, the State Board of Education is going to put a certification pathway for marriage and family therapist that will have them then parallel what a school counselor or psychologist does already?"

"Well, but not every school has a school counselor or a school psychologist. That was the purpose of the Bill in the first place, Representative." Mitchell, J.: "Well, Representative, I disagree with a… with a shortage of counselors and psychologists. In downstate Illinois, we don't have any problem, whatsoever, hiring those folks if the district and the Board of Education feels they're needed."

"That, actually, wasn't the testimony in committee, Representative." Mitchell, J.: "To the Bill, Mr. Speaker. Ladies and Gentlemen, this… this Bill is ill-conceived, and it does not do anything for school districts that they can't already do. And I would urge a 'no' vote on the override."

Speaker Mautino: "The Gentleman from DeKalb, Representative Pritchard is seeking recognition."

"He indicates he will."

"Those who were opposed to this measure originally did not come to me in any other way other than to say they're opposed. They didn't attempt to sit down with me to try to come to some other landing place, but I would say this, during… if this Bill were to become law through the rulemaking process, those folks would have much opportunity to try to go the state board and set the bar very high which, by the way, I think it should be. I think the bar should be set very high, and they will have their opportunity to do that. This Bill doesn't say school districts have to hire anybody. This Bill doesn't say they have to hire a family therapist. This Bill doesn't even say they have to hire a family therapist who qualifies. This Bill simply creates an opportunity for school districts that think they need a family therapist, after they jump through certain hoops and certification requirements, it gives them the opportunity to hire such people to do the work that needs to be done on those school districts."

"Well, the Governor… no Governor I've ever served under has ever been shy about going to any state agency or quasi- state agency to let them know how the Governor's Office feels about it. This State Board of Education, while I've had my problems with it, I think is fully capable of creating the standards, the guidelines, and certification bar necessary to implement this Bill."

Speaker Mautino: "Further discussion? The Gentleman from DuPage, Representative Fortner."

Speaker Mautino: "I acknowledge your request. Further discussion? The Gentleman from Macon, Representative Flider."

"Yes, thank you, Mr. Speaker. Question for the Sponsor. Will the Sponsor yield?"

"Indicates he will."

"Okay. Thank you. Representative Lang, as I understand your legislation, it is optional for a school 09600081.doc 14  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 district to have a marriage and family counselor. Is that correct?"

"That is correct, Sir."

"So, it's not something that a school district must do, but this certainly opens up a… an opportunity for school districts who have a situation where a family crisis might be a… an issue in a school situation, or perhaps just a family type of a situation, it may be a best approach for dealing with a student. And that's all you're simply trying to do here?"

"That is definitely, exactly, right. This provides options, options to school districts, options to families. And we really should be about doing that in this General Assembly."

"And, as I understand as well, there are some rules in effect to obtain a license to be a marriage and family therapist. There are certain prerequisites for licensure, are there not?"

"There are certainly prerequisites in the law and, of course, this Bill would provide that the State Board of Education could create bigger hoops to jump through, greater certification requirements, greater standards. And so, the safety is in the rulemaking process."

"And, so, while we here in… and I have the highest regard for the Governor, but with all due respect to the Governor, I don't think the Governor or the Legislature are necessarily in the best position to determine what all the rules and qualifications should be. In fact, it should be up to the schools. It should be those who deal with the 09600081.doc 15  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 students in these kinds of situations. That's what that rulemaking process would be all about, wouldn't it?"

"That's correct. During the rulemaking process, all parties would come and state their position on the rules. The rules could be amended and changed. JCAR, a body upon which I sit, will do a very good job looking at those rules to make sure that they're properly created and that everybody's had their say."

"Well, thank you, Representative Lang, for that explanation. I… You know, from my standpoint, this legislation has already passed, and it's become… it was put on the Governor's desk, and I think that where we are now is approaching this from a standpoint of who can best make sure that when we need a cou… when a school district decides to have a counselor in a marriage and family type of a situation, that that therapist would be qualified to do this job and that it could be most effective. Who could best do that but those who would be experts sitting down in a rule-making process? I think your override makes great sense. And I encourage the Body to support your override."

"Representative Lang to close."

"Thank you, Mr. Speaker. We've had a thorough discussion of this, but I want to go back to two issues. First, the fact that this is somehow dangerous for our kids, or dangerous for our schools. My goodness. This just creates another option for schools to bring in people for specific needs. Schools sometimes can't get the counselors that they need, the proper people that they need. That was the testimony in committee. To say that every school district 09600081.doc 16  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 has a psychologist or a counselor on board 24/7 is… is simply not correct. Additionally, going beyond the actual Bill, many who have said they're voting against this Motion have also said that the Governor's overstepped his bounds. Now, I don’t have the same problems with this Governor that I had with the prior Governor. I have great respect for this Governor, but if once you start by saying, well, the Governor's overstepped his bounds, the Amendatory Veto is beyond the bounds of the Constitution of the State of Illinois, how do you then say I'm going to vote 'no'? Once having said that the Governor did an act that was inappropriate to this Bill, how do you then say, well, but I'm going to say that that's okay. I'm going to approve the improper act by the Governor, and I'm going to help him along, even though he's done something that he should not have done by voting against this Motion. I don't think that's consistent. I think we have a responsibility to protect the Constitution, and I know, this isn't something like recall or taxes, and to talk about the Constitution of the State of Illinois when talking about this Bill may be a bit of an overreach, but I don't think so. I think we have a responsibility if we think the Governor has overstepped his bounds to make sure that we do not allow that to happen. So, Ladies and Gentlemen, I would ask you to think about this Bill in terms of the needs of school districts, but I would also ask you to think of this Bill in terms of what we do in this Body to protect us against other unconstitutional incursions by this or any other Governor. So, once we decide that the Governor has committed an… has 09600081.doc 17  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 performed an act here that he should not have performed, I think we're duty bound to vote against that act, and I would simply ask for 'aye' votes on the Override Motion."

"Representative Lang moves that the House do pass the Senate Bill 1391, notwithstanding the Veto of the Governor. This requires 71 votes, and there has been a request for a verification. That has been granted. 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? Representative Burns, Representative Davis, Representative Dunkin, do you wish to be recorded? Representative Monique Davis. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 48 voting 'yes', 64 voting 'no', 0 voting 'present', Senate Bill 1391, having not received a Supermajority, is declared lost. The Gentleman from Macon, Representative Flider."

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

"State your point."

"Yes. Mr. Speaker, and Ladies and Gentlemen of the House, we have some special visitors here today from the Decatur area in my district, and Representative Mitchell's district. They are from the Lutheran School Association in Decatur. They're here… the U.S. History class is here visiting us. And they are in the gallery on the right side. If you would please… they're standing up, if you would please welcome to Springfield. Thank you."

Speaker Mautino: "Welcome to Springfield. Page 7 of the Calendar appears Senate Bill 1576, Representative Lang." 09600081.doc 18  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Thank you. I expect I'll fair better on this Bill, Mr. Speaker. So, I… I would move to override… to concur with the Senate and override the Governor's Amendatory Veto on Senate Bill 1576. The Governor completely rewrote this Bill, I think you can all see that. And I would simply ask for your 'aye' votes."

"Representative Lang moves that Senate Bill 1576 do pass, notwithstanding the Veto of the Governor. No one seeking recognition, all those in favor vote 'aye'; opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lyons, Representative Harris, Representative Flowers, do you wish to be recorded? Mr. Clerk, take the record. 114 voting 'yes', 0 voting 'no', 0 voting 'present'. The Motion, having received a Supermajority, Senate Bill 1576 is hereby declared passed, notwithstanding the Veto of the Governor. The Gentleman from Winnebago, Representative Winters is seeking recognition."

"State your point."

"Welcome to Springfield. On page 7 of the Calendar appears Senate… excuse… excuse me. The Gentleman from McHenry, Representative Franks is seeking recognition."

"Thank you, Mr. Speaker. I'd like to let the record reflect that had I been in my seat for Senate Bill 1050 I would have voted 'no'. It was inadvertently pushed green, and it should have been a… a 'no'."

"The record shall so reflect your wishes. Page 7 of the Calendar appears Senate Bill 1698, Representative Hamos."

"Thank you, Speaker. Ladies and Gentlemen, I am moving to accept the Amendatory Veto in Senate Bill 1698, which has created a task force… or it will create task force on higher education private student loans. The Governor made changes in the composition of the task force and, actually, the appointive powers to the task force. So, he basically has the top principal for each of the agencies making the appointments. And he has added one new member, and that's all this Bill does… the Amendatory Veto does. And I move to accept it so that we can get this task force appointed and it can begin its work. Thank you."

Speaker Mautino: "Representative Hamos moves to accept the specific recommendations of change from the Governor as to Senate Bill 1698. No one seeking recognition, all in favor vote 'aye'; opposed vote 'no'. And 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', 0 voting 'no', 0 voting 'present', the 09600081.doc 20  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 Motion, having received a Majority, House Bill… excuse me, Senate Bill 1698 is declared passed in this form. The Chair will now go to Senate Bills-Second Reading. On page 3 of the Calendar appears Senate Bill 146, Representative Mathias."

Speaker Mautino: "The Gentleman from Lake, Representative Mathias on Floor Amendment #3."

"Gentleman moves adoption of Floor Amendment 3 to Senate Bill 146. All in favor say 'aye'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Read the Bill a third time, Mr. Clerk."

"The Gentleman from… the Gentleman from Lake, Representative Mathias." 09600081.doc 21  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

Speaker Mautino: "The Gentleman from McHenry is seeking recognition, Representative Franks."

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

"He indicates that he will."

"Representative, I'm looking at our analysis. It indicates that this is trailer legislation to two separate 09600081.doc 22  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 pieces of legislation, House Bill 723 and Senate Bill 51. Is that correct?"

"Where are we on those two Bills, because those have both been amendatoraly vetoed, correct?"

"723, I believe is in the Senate, but Senate Bill fif… I'm sorry, House Bill 723 has passed the House…"

"…but Senate Bill 51 has not yet been overridden, has it?"

"Accepted. I'm sorry, accepted, not overridden."

"The Gentleman from…"

"I… I now… here's my concern. Would it make sense procedurally to first accept the Senate Bill 51, and then call your Bill because in case something happened with Senate Bill 51, then this could be a problem? And I'm 09600081.doc 23  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 wondering if maybe we could call that one first, and then do yours just to make sure we're doing it all correctly."

"I'm getting some advice as well."

"Ri… Correct. And apparently, we do need to pass this…"

"…because we're not going to get 51 back here until after the Governor does what the Governor's going to do with that."

"Okay. Thank you. I just wanted to make sure procedurally we were doing this correctly."

"So, thank you."

Speaker Mautino: "Further questions. The Gentleman from DuPage, Representative Fortner for clarification."

Speaker Mautino: "No one seeking further recognition, the question is, 'Shall Senate Bill 146 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 Flowers wish to be recorded? Mr. Clerk, take the record. 106 voting 'yes', 8 voting 'no', 0 voting 'present', Senate Bill 146, having received a Constitutional Majority, is hereby declared passed. Page 3 of the Calendar appears Senate Bill 760, Representative Howard."

"Representative Howard."

"Thank… thank you very much, Mr. Speaker. This Bill would amend the Illinois Public Aid Code with respect to eligibility for medical assistance during the periods of incarceration or detention. We're trying to… to accomplish one thing and that is to make certain that individuals who go into incarceration, who already have coverage, do not lose the coverage and therefore, have a problem once they leave incarceration. This merely puts that coverage, that 09600081.doc 25  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 medical coverage, on hold until such time as they complete their sentence."

"The Lady's moved passage of Senate Bill 760. On that question, the Gentleman from Crawford, Representative Eddy. No one seeking recognition, 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. Schmitz, do you wish to be recorded on this Bill? Mr. Clerk, take the record. 89 voting 'yes', 25 voting 'no', 0 voting 'present', Senate Bill 760, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Senate Bill 2188 appears on page 3 of the Calendar, Representative Winters. Read the Bill."

"Representative Winters."

Speaker Mautino: "The Gentleman from Winnebago has moved passage of Senate Bill 2188. No one seeking recognition, 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. 82 voting 'yes', 32 voting 'no', 0 voting 'present', Senate Bill 2188, having received the Constitutional Majority, is hereby declared passed. On page 2 of the Calendar appears Senate Bill 395, Representative Riley. Mr. Clerk, read the Bill."

"Representative Riley."

"Thank you, Mr. Speaker, Members of the House. Senate Bill 395 basically gives the office of the Treasurer latitude in investing in repurchase agreements. And essentially, what it does, it brings the state deposit of… the deposit of state moneys at… into agreement with the federal statute, the Government Securities Act of 1986, as that Act exists now or if it's ever amended. And this is similar, a matter of fact, it's the same Bill as the Bill that passed out of here unanimously in April, I believe it was, House Bill 177. So, I would ask your support in 'aye' votes." 09600081.doc 27  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"The Gentleman moves passage of Senate Bill 395. No one seeking recognition, on… 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? Representative Burke and Mendoza, do you wish to be recorded? Mr. Clerk, take the record. 114 voting 'yes', 0 voting 'no', 0 voting 'present', Senate Bill 395, having received a Supermajority, is declared passed. On page 2 of the Calendar is Senate Bill 595, Representative Gordon."

"Out of the record. Page 2 of the Calendar appears Senate Bill 728, Leader Miller. Mr. Clerk, read the Bill."

"Mr. Miller."

"Thank you, Mr. Speaker. This Bill is just simply cleanup language from Public Act 96-262. I ask for a favorable vote."

"The Gentleman moves passage of Senate Bill 728. No one seeking recognition, 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', 0 voting 'no', 0 voting 'present', Senate Bill 728, having received a Supermajority, is hereby declared passed. Page 2 of the 09600081.doc 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 Calendar is Senate Bill 747, Representative Acevedo. Mr. Clerk, read the Bill."

"Mr. Acevedo."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 747 amends the Liquor Control Act of 1934. Makes a technical change in the Section concerning the sale… delivery of alcohol liquor in public buildings. Eduardo's is a grocery store that is in my district and Senator Muñoz's district. They… they currently have a license to sell liquor there already, but it's a store within a store. And all we're doing is changing to where Eduardo would take ownership of both establishments. I'll be happy to answer any questions."

"The Gentleman has moved passage of Senate Bill 747. And on that, a question from the Gentleman from Knox, Representative Moffitt."

"He indicates that he will."

"Not that I know of."

"Yeah."

"No. Currently, Representative, the store was owned earlier by a… a company called A&P. They had a separate part of the store to sell liquor, the rest was for groceries. Eduardo bought the grocery store, but not the liquor store. Now, the old owners of the liquor store wants to sell the… the whole establishment to Eduardo. And that's all they're trying to do. They already, currently, sell liquor there already for years."

"They have for years."

"There's no change."

"The Gentleman from Crawford, Representative Eddy is seeking recognition."

"He indicates he will."

"Yeah, Representative, they have no problem because, like I said before, the liquor has been sold there for many, many years already."

"There was… there was no op… yeah, no opposition."

"The Gentleman moves passage of Senate Bill 747. No one else seeking recognition, 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. 77 voting 'yes', 37 voting 'no', 0 voting 'present', Senate Bill 747, having received a Supermajority, is hereby declared passed. Page 4 of the Calendar appears Senate Bill 332, Representative Saviano. Mr. Clerk, read the Bill. What's the status of the Bill?"

"Third Reading. And read the Bill a third time, Representative Saviano."

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

"The Gentleman moves passage of Senate Bill 332. No one seeking recognition, the question is, 'Shall 09600081.doc 31  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 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? Representative Mulligan, Representative Sullivan, do you wish to be recorded? Mr. Clerk, take the record. 114 voting 'yes', 0 voting 'no', 0 voting 'present', this Bill, having received its Constitutional Majority, is hereby declared passed. The Gentleman from Lake, Representative Mathias is seeking recognition."

"The record will reflect your intentions."

"Page 2 of the Calendar is Senate Bill 595, Representative Gordon. Mr. Clerk, read the Bill."

"Representative Gordon, Jehan." Gordon, J.: "Thank you, Mr. Speaker. The Bill that I have before us today is a… an extension on a TIF district in my district. It would extend the TIF district from 23 years to 35 years. I have letters of support from every governmental body that will be affected by this in support in the extension of this district… in this TIF district. It passed the Senate very favorably. And I'd like to ask you for an 'aye' vote."

"The Lady moves passage of Senate Bill 595. On that question, Representative Eddy." 09600081.doc 32  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"She indicates that she will."

"The Lady's moved passage of Senate Bill 595. No one seeking recognition, 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… Does Representative Riley wish to be recorded? Mr. Clerk, take the record. 108 voting 'yes', 0 voting… Excuse me. 108 voting 'yes', 6 voting 'no', 0 voting 'present', Senate Bill 595, having received the Constitutional Majority, is hereby declared passed. Page 5 of the Calendar appears Senate Bill 1896, Representative Wait. Mr. Clerk, what's the status of that Bill?"

"Third Reading. Mr. Clerk, read the Bill." 09600081.doc 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Representative Wait."

"The Gentleman has moved passage of Senate Bill 1896. Majority Leader Currie is seeking recognition."

"Thank you, Speaker. I rise in support of the Bill, and I am really grateful to the Sponsor of the Bill in the House, Representative Wait, and the Senate Sponsor, Senator Haine, because they were willing to work with the John Howard Association and other groups that represent some of the… the people who are the subject of this Bill. And I'm really grateful that they were as open to change as they were. And I think we now have a good measure that can be supported by the State's Attorneys' Offices, and the people who represent the people who are incarcerated. So, I join Representative Wait in asking for your 'yes' vote."

"The Gentleman has moved passage of Senate Bill 1896. No one seeking recognition, 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. 09600081.doc 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 Clerk, take the record. 114 voting 'yes', 0 voting 'no', 0 voting 'present', Senate Bill 1896, having received its Constitutional Majority, is hereby declared passed. On page 3 of the Calendar is Senate Bill 2248, Representative Joyce. Mr. Clerk, read the Bill."

"Representative Joyce."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2248, actually, originally passed out of the Senate, I think 58 to 1. We brought it before this… the House Vehicle Safety Committee, and there were some issues from the Secretary of State's Office. They asked that we work together on it over the summer and come back to this Veto Session and make some changes. We did that in committee yesterday. What Senate Bill 2248 would do is change the DUI provision of the Illinois Vehicle Code to combine driving a motor vehicle under the influence with operating a snowmobile or motorized watercraft under the influence into a single provision. This would also allow the two departments to communicate and have records, allow the Secretary of State to track these violations. And if a person receives an OUI today, operating under the influence while driving a snowmobile or a motorized watercraft, it has no impact on their driver's license. And also, it's very difficult to enforce or get a judgment against someone operating a snowmobile because of the fact that there's no breathaly… breathalyzer or no summer… automatic summary suspension if someone refuses the breathalyzer. In 09600081.doc 35  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 addition to which, if someone takes a field sobriety test, they often will get thrown out of court because they have been on that vehicle for a set number of hours, and they were in heavy equipment or snow… snow equipment, boots, and complain of their legs cramping up and they could not pass that. This brings everything together into one provision underneath the Code and, hopefully, in the long term, will save lives and make people know that we're serious about operating a vehicle that is very powerful and very dangerous while you're under the influence of alcohol or drugs. I'd be happy to answer any questions. I'd appreciate an 'aye' vote."

"Questions on Senate Bill 2248? The Gentleman from Crawford, Representative Eddy."

"That's correct. And the…"

"That's not… that's not changing and… and, actually, we don't have licensures for boats and snowmobiles. And… and, basically, what would happen is the Secretary of State has agreed to take on the responsibility of the notification to the… to the person who is found to be in violation of operating under the influence or driving under the influence, and they will provide that notification. The only time that that notification will not be provided by the Secretary of State is if it happens on private property. And private property, because of some technicalities within the… the federal Code, there's about 500 cases out of the 50 thousand cases that are done… that will be handled by DNR. And the effective date of this, just so everyone knows, the effective date of this is January 1, 2011. And for the reas… the reason of that effective date is because the forms are going to have to change for the Secretary of State's Office. So, there's a procurement time frame that has… that they have to go through, at least six months, and then a computer programming that'll have to be done by both the Secretary of State and DNR. The hope is, and as of yesterday morning, there was an attempt to… by the Secretary of State's Office, they're going to try… they have commitment to attempt to provide computer print outs of the notifications of the violations that happen on private property to DNR, so that they are not given the 50 thousand and only given the 500."

"It's… it's done a different way. Secretary of State doesn't have the…"

"…legal ability…"

"…to do that."

"It… it's… it would be… it has not changed. It's the same what it is for…"

"…driving a vehicle, right now, would apply to operating a boat or a motor craft."

"Correct."

"That's correct."

"Thank you." 09600081.doc 38  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Seeking further recognition, the Gentleman from Cook, Representative Fritchey."

"Thank you, Speaker. Briefly, to the Bill. Ladies and Gentlemen, whether it's on the road, whether it's on the water, whether it's on the snow, lack of judgment is lack of judgment. Putting somebody's life at risk is putting somebody's life at risk. This is a very commonsense piece of legislation. The only surprise about this Bill is that we didn't do something like this some time ago. Somebody that does not have the sense, not only to put themselves at risk but others at risk, whether they're behind the wheel of a snowmobile, a car, a truck, a boat, that lack of judgment carries on. And they need to understand that they'll be held accountable for their actions and for the potential harm that they can cause to others, wherever that may be. We've seen too many tragedies every summer on the water, every winter in the snow, and every day, unfortunately, on… on the roads. This will make sure that Illinois stays at the forefront of the country in regulating DUIs, cracking down on DUIs. We have seen a very direct and measurable result from the steps that we've taken as a state, and that result has been measured in lives saved. And this Bill will further help us in reducing the number of fatalities and injuries from reckless driving in whatever form, in whatever type of vehicle that takes place in. I… I commend the Sponsor in doing this. And strongly urge an 'aye' vote. Thank you."

"The Gentleman from Champaign, Representative Rose." 09600081.doc 39  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"He indicates he will."

"Sure. That… that's… that's a valid… valid question, Representative Rose, I appreciate it. And that was another one of the points that I… I did not make of why we waited until January 1 of 2011. For extensive outreach… this is from Secretary of State's… State's Office. Ex… extensive outreach and training to law enforcement regarding the change, extensive outreach and training is needed to prevent law enforcement to inadvertently using the wrong wor… wrong form during a DUI arrest, extensive… extensive education to the public vis-a-vis public announcements, and updates of multiple brochures and rules of the road published by the Secretary of State's Office, and public ser… PSAs by… on T.V. will be rolled out from the Secretary of State's Office regarding this change."

"I think… I think that's already budgeted. They already have that in their… in their program. This will be another thing that's added in to… to that line of programming, you know, when they do their radio commercials or T.V. commercials." 09600081.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"I think that's already in place."

"I do not. It's the first time it's been brought up to me."

"Sure, we will."

Speaker Mautino: "Fur… further discussion? Representative Sacia."

"He indicates that he will."

"If… if you're a minor, the zero tolerance, I'm… with the way it is in the Secretary of State's Code now in Illinois Vehicle Code is if you are a minor."

"This is the first I've heard of it…" 09600081.doc 41  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"…Representative Sacia, so, I… I don't know."

"I'm trying to find the Section here."

"Further questions? Oh, I'm sorry."

"Jim…"

"Jim, I… and I'm just reading what's already in the existing statute, and the only thing that's been added to that is operating. So, driving or operating while under the influence of alcohol or other drugs, or intoxicating compound or compounds, a person shall not drive, operate, or be in actual physical control of any vehicle, and what 09600081.doc 42  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 we're adding to this is snowmobile or watercraft, within the state while the alcohol concentration in the person's blood or breath is .08 or more, based on the definition of a blood and breath units in Section 11-501.2. Under the… under… Continuing, under the influence of alcohol, or under the influence of any intoxicating compound or combination with intoxicating combines to a degree that renders a person incapable of driving a vehicle, operating a snowmobile, or operation a watercraft safely. So, I don't…"

"Okay. Yeah. Yeah. Pull… could you pull this out of the record, Mr. Speaker?"

"Mr. Clerk, would you remove this Bill from the record at the request of the Sponsor. Page 7 of the Calendar appears Senate Bill 1725, Representative Turner."

"Thank you, Mr. Chairman, Ladies and Gentlemen of the Assembly. I move to accept the Governor's Amendatory Veto on Senate Bill 1725."

"The Gentleman has moved acceptance of the Governor's Amendatory Veto on Senate Bill 1725. On that question, the Gentleman from DuPage, Representative Reboletti is seeking recognition."

"He indicates he will." 09600081.doc 43  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Just postponed the date. It moved it back."

"That's correct."

"Representative, in all fairness, the… it's just been a delay this year in terms of getting the work done. We… it just takes a little more time. And we accept this… the proposal that he's put forth."

"Well, and it's just a shortage of money and, you know, we had asked that it be done by September 30 of this year. So, we're already at the end of October, and we just…"

"Right. Okay."

"Representative Turner moves to accept the specific recommendations of the Governor as to Senate Bill 1725. All those 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? Representatives Burke, Durkin, Rita, do you wish to be recorded? Mr. 09600081.doc 44  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 Clerk, take the record. The Motion, having received a Constitutional Majority… This Bill has received 114 'yes', 0 voting 'no', 0 voting 'present'. The Motion, having received the Constitutional Majority, specific… to accept, is declared passed in that form. Representative Cole is seeking recognition."

"State your point."

"The Gentleman from Winnebago, Representative Jefferson, is speaking… seeking recognition."

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

"State your point."

"I'd just like to recognize some… Rockford, we've got several students here from St. James School that came to lobby me this morning for a Bill, and I told them that's the way you get started. It's for… so they're a little young now, but they're well on the right track. Sara Matuci, Chris Banthal, Kirsten Levelle, and Alex Gonzales, along with their teacher, Professor Elaine Sharp, and their sponsor, Erick Buzzo. Would you please rise, and be recognized, please? Welcome to Springfield. Thank you very much for coming." 09600081.doc 45  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

Speaker Mautino: "Welcome to Springfield. Representative Turner in the Chair."

"The Lady from Cook, Representative Golar, for what reason do rise?"

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

"State your point."

"Yes, today, we are joined by the You Can Stars Program. There are five winners from last year, Anitra, Erick, Amy, and Natalie. They are joined today in the back of me by their leaders, Jody and Ellen Acevedo. Let's give them a Springfield welcome."

"…from Springfield. On page 4 of the Calendar, on the Order of Second… Senate Bill's-Second Reading, we have Senate Bill 390, Representative Mautino, the Gentleman from Bureau."

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

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

"Thank you, Mr. Speaker. Senate Bill 390's a joint initiative of the Finance Authority and the Illinois Attorney General's Office and does two things: it adds efficiency projects to the list of projects that we authorized in 1906 that would be eligible for state 09600081.doc 46  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 guarantees from the Illinois Finance Authority. What this does is help to leverage federal and state funding that's available for energy efficiency projects that create and retain jobs in Illinois. One of these specifically is in Representative Eddy's district, but many projects throughout the state will be available. It'll share this… the second thing is it shares the same effective date as 1906, which was passed by both chambers without opposition. Know of no opposition to the Bill and just clarifies that the Finance Authority has the ability to issue these guarantees for clean coal projects and energy efficiency. Answer any questions."

"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"

"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 390?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Mitchell. The Clerk will take the record. On this 09600081.doc 47  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 question, there are 105 voting 'aye', 9 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mautino on Senate Bill 931. Read the Bill, Mr. Clerk on…"

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

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

"Thank you, Mr. Speaker. This Bill is a joint initiative between the Department of Human Services and the Illinois Association of Court Clerks, and it's designed to create a significant cost savings to the departments. And it would… with this Bill, the department only has to send a notice to the Circuit Court when it's needed actually for the court proceeding, which, for an example, it'd be a petition to modify or an action to enforce income withholding. I know of no opposition. And appreciate an 'aye' vote."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 931?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there 09600081.doc 48  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 are 114 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Committee Reports."

"On page 3 of the Calendar, under Senate Bills- Third Reading, Representative Sullivan, we have Senate Bill 1942. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Lake, Representative Sullivan."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 1942?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who 09600081.doc 49  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 wish? Mautino. The Clerk shall take the record. On this question, there are 112 voting 'aye', 0 'noes', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 5 of the Calendar, on the Order of Senate Bills-Second Reading, Representative Howard, we have Senate Bill 2109. Read the Bill, Mr. Clerk."

"The Lady from Cook, Representative Currie on Floor Amendment #2."

"I think, really, this is Representative Howard's Amendment. Oh, I'm sorry. Withdraw. Withdraw."

"Representative Currie asks leave to withdraw Floor Amendment #2 to Senate Bill 2109. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's withdrawn. Further Amendments, Mr. Clerk?"

"The Lady from Cook, Representative Howard on Amendment #3."

"Thank you very much, Mr. Speaker. Amendment #3 is a… is a trailer to House Bill 2474. And that particular House Bill created the task force on inventorying employee restr… restrictions to review statutes, administrative rules, 09600081.doc 50  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 policies and practices, that restrict employment of persons with a criminal record. There are a number of issues that this Amendment addresses including the size of the task force. It adds several of… additional agencies. It expands participation in the audit to include the executive… executives in each agency. It changes the date by which the state agencies must submit to the task force their report. I am prepared to take questions."

"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"

"She indicates she'll yield."

"Because we thought that there might be a… an avenue for funding other than State Government funding. In fact, there is an effort under way to try to see if there is some money someplace else. We think we have that, and it's not State Government."

"Absolutely."

"My pleasure."

Speaker Turner: "The Gentleman from Jasper, Representative Reis, for what reason do you rise?"

"Indicates she will."

"Withdrawn."

"That's correct."

"That's correct."

"The Gentleman from St. Clair, Representative Holbrook, for what reason do you rise?"

"Question of the Sponsor."

"She indicates she'll yield."

"In House Amendment #3, is there anything left from House Amendment #1? It's a portion concerning assessments in our three counties of Madison, Monroe, and St. Clair. That was removed, was it not?"

"That is correct."

"Thank you. I'm in full support of your Bill."

"Thank you."

"Seeing no further questions, is… the question is, 'Shall the House adopt Floor Amendment #3 to Senate Bill 2109?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' 09600081.doc 52  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 have it. And Floor Amendment #3 is adopted. Further Amendments, Mr. Clerk?"

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

"The Lady from Cook, Representative Howard."

"Yes, thank you. You've heard the discussion prior to… the previous discussion. I'd just like to ask for green votes on this legislation."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2109?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk."

"Representative Joe Lyons in the Chair. Ladies and Gentlemen, on page 3 of the Calendar, Representative Joyce has Senate Bill 2248. What's the status of that Bill, Mr. Clerk? Read the Bill."

"The Chair recognizes the Gentleman from Cook, Representative Kevin Joyce." 09600081.doc 53  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I think we had some time to try to get some clarification, and I know Representative Sacia wants to speak. We got clarification from the Secretary of State's Office that the clear intention, and the clear stat… Sections that the language refers to for zer… zero tolerance is for persons under the age of 21. That is clearly the intention. I would… I know Representative Sacia wanted to say a few words, so I'll take any other questions."

Speaker Lyons: "The Chair recognizes the Gentleman from Winnebago, Representative Jim Sacia."

"The Sponsor yields."

"The Chair recognizes the Gentleman from Bureau, Leader Frank Mautino."

"Thank you, Speaker. Will the Sponsor yield? If… and it was a little bit loud in here. I didn't hear the… the original explanation on the Bill itself, but by… or the full explanation. So, by combining these statutes, what's the practical impact? How does… how does this work if someone is on private property, on their snowmobile and it gets stopped for a… what is it, OWI or… what are they… what's the proper term?"

"OUI. If they're on private property, they would not be subject to the summer suspension. They would… it would be the same as it is today. DNR would do the paperwork, and then they would go to court. They go to court and get convicted; they'd be convicted of a DUI. Same as… that doesn't change here."

"So, right now, under… under the current law, I think they pulled their registrations, DNR pulls the registrations for someone in that situation. Is that how that works currently? Do they pull their… do they currently pull their driver's license for a… suspend their driver's license for a car or vehicle for a…"

"No, they do not."

"...for a DUI? They do not? Would this… do they do it for boats right now if you're on a…"

"There is no driver's license for a boat or a… a snowmobile." 09600081.doc 55  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Okay. So, the nexus on here would be after this, if you get one of these violations on… on one of those other vehicles, you lose your driver's license for a car, a vehicle, or a CDL, correct?"

"On… on a public… on public property, that's correct. The sec… the way it would work is, the Secretary of State would provide notification to the individual that their driver's license is suspended within 46 days, as is current law, it doesn't change that at all. And their privilege is to operate any motorized vehicle, including a boat or a snowmobile, those privileges would be revoked by the same time period, and they would be covered underneath…"

"Now, I spoke with the Secretary of State's Office briefly and I had some concerns. One that’s… the State Police who have never… who had not been consulted or shown the legislation, showed concerns about some of the drafting and… this is to the Bill, actually. The State Police have… have registered concerns about the Bill. The state's attorneys who must enforce this have not been consulted on the legislation itself, and potential consequences. The CDL licenses, as it's structured right now, the Mid-West Truckers have registered a concern that since they operate under a different structure where they would have a .04, the Bill refers to a z… zero tolerance. And my concern in there, that if the drafting in the Bill isn't corrected prior to voting on it, you will have those consequences, unintended consequences by the Sponsor. I think that the… the Bill raises concerns, not on the issue it's trying to address, but in the way it addresses them. And until those 09600081.doc 56  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 are corrected, because it has a potential to cause unintended consequences in an area where there may not be a nexus for taking away a driver's license or denying someone their occupation and their livelihood, I would simply ask for a 'no' or a 'present' vote until the Bill can be amended or corrected."

"The Chair recognizes the Gentleman from Jasper, Representative David Reis."

"The Sponsor awaits your questions."

"Well, what… the same…"

"That doesn't change, who pulls over the boat or snowmobile. That's already law… local law enforcement does that today. Okay? So, that doesn’t change anything here. The reason the Department of Natural Resources, I had spoke to in the opening, I'm more than happy to speak again to it. Their concern is that there would be… they would have too much paperwork mailed to them, that they don't have enough resources to handle the mail. It was strictly on the mail. So, the Secretary of State's Office, which we've 09600081.doc 57  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 talked about, the implementation date is two thousand… January of 2011. The Secretary of State's Office has made a commitment to try to make this work electronically so that the Department of Natural Resources, the cases that they handle right now, okay, would be somewhere between the range of 250 and 500 a year. Okay? As of… of the 50 thousand because we're talking about DNR would only handle the ones that are on private property. Their concern is the… is the paperwork, and how they handle that. So, I think that will be worked out well before the implementation date."

Speaker Lyons: "The Chair recognizes the Gentleman from Jackson, Representative Michael Bost."

"Representative Tryon."

"Speaker… or the speaker yields." 09600081.doc 59  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Re… Representative, you… first of all, you know, it is possible, and this zero tolerance from under the age of 21 is already law in the State of Illinois."

"Oh, sure. I mean, they have an opportunity in court, I mean, obviously."

"The Gentleman from Menard, Representative Rich Brauer."

"Sponsor yields."

"No, no. There's a separation in the forms… the new forms that we had filled out by the arresting officer or the person writing the citation will be a checkoff for 09600081.doc 60  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 public versus private. At that point, if it is public, Secretary of State will handle it. If it is private, which is somewhere between 250 to 500 a year, it will be handled by DNR."

"Sure they would."

"Sure they would. Why w…"

"The Gentleman from Vermilion, Representative Bill Black."

"Representative Joyce to close."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. While I appreciate everybody's input on this, I must be honest and tell you… correct a few false statements. First of all, the State Police is neutral. Their concern, I think Representative Mautino mentioned and a couple others followed-up on, was that original language, which was originally why I pulled the lang… the original concern of the truckers, which is why I pulled it out of the record in the first place. That has been addressed. Tim Becker has stated very clearly, they have no problem with this. Second of all, I believe that we have addressed the concerns of the truckers, but I have also made that commitment that if they are to discover sometime before the implementation of this Bill of January 1, 2011, that there was something that was unintended that was impacting in a very negative light, which was not the intent and consequences of this legislation, that I would change it in what is going to be in the trailer Bill. Third of all, you 09600081.doc 63  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 want statistics? DNR wrote somewhere between 225 and 250 tickets last year, twenty seven deaths, over 10 percent of fatalities. Now, everyone can give their speeches and talk about the problems with the Bill and the language, bottom line is this has been worked on for a year. And if you don't want… if you want to come up with an excuse to say that you don't want to enforce people operating dangerous equipment under the influence of alcohol or drugs, fine, come up with your excuse, vote 'no'. But the Illinois Snowmobile Riders Association, they're for this Bill. They know it's dangerous, they know there's a safety aspect, they know there's some irresponsibility operating these vehicles out there right now. So, go ahead, you want to vote 'no', that's fine, vote 'no', but don't use an excuse of language or problems. We've addressed those problems. And I've got a commitment if there are more problems to address those problems. But if you want to feel like you're getting pressure from some group, if you want to talk about money and finances and use that as an excuse, they're going to handle 500 pieces of paper a year in the DNR, 500 pieces of paper. That means they have to open up one piece of mail, one and a half pieces of mail a day. That's a lot more expense. They just have to have it on file in order to response. There's no responsibility for enforcement from DNR. They have to have it on file so if a constituent calls and says, hey, my license has been revoked or my privilege has been revoked to operate a snowmobile or motor craft, why is that? Well, let me check, Mr. John Doe. The reason that it's been revoked is 09600081.doc 64  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 because you were drunk operating a boat, and thank God, you're not sitting in a prison because you killed someone. This is about safety on our roads, this is about safety on our waterways, safety on recreational vehicles. It's nothing more than that. It's not an attempt to go after anybody. It's an attempt to try to save a few more lives. So, the next time you watch a TV show… a news report, in the winter, or the summertime, you see this terrible tragedy, and it turns out that alcohol or drugs were involved in the operating of one of these vehicles, I hope you can feel good about the vote you take today."

"The Gentleman moves for the passage of Senate Bill 2248. All those in favor signify by voting 'yes'; those opposed voted 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Ms. Cole, DeLuca, Sandy. Mr. Clerk, take the record. On this Bill, there are 79 Members voting 'yes', 33 Members voting 'no', 3 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Michael Smith, for what purpose do you seek recognition, Sir?"

"Thank you, Mr. Speaker. Just for an announcement. For those of us on the Education Committee and the Education Appropriations Committee, we've had the pleasure of being assisted by Amy Ballinger-Cole for the last couple of years, and she will be leaving the House Democratic staff, tomorrow is her last day. She'll still be around the Capitol doing work with Advance Illinois, but I know on our 09600081.doc 65  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 side we certainly owe her a great deal of gratitude and wish her the best of luck."

Speaker Lyons: "Congratulations, Amy, a job well done. Representative Jerry Mitchell, for what purpose do you seek recognition, Sir?" Mitchell, J.: "Thank you, Mr. Speaker. A point of personal privilege."

"Please proceed." Mitchell, J.: "Amy, for us on the Republican side that were in the Education Committee, we also want to wish you the best of luck, and you've been very gracious to help both sides when… when we needed it. And we wish you well, but we're all going to miss you. Thank you."

"Thank you, Representative, for your kind words. Ladies and Gentlemen, if I could have your attention. We have some very, very special guests here today. I would ask all staff to please go to the back of the floor or off the floor and all Members to please be in their seats. It's my privilege and honor to introduce a group of visiting dignitaries who are here. And I will be introducing the speaker, but I will turn this over now to Representative Toni Berrios to recognize all of our guests to my right, your left. Representative Berrios."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Today we are pleased to welcome several special guests who are with us today representing members of the Ibero-American Consular Association of Chicago. We have Joao Andre Lima, Acting Consul General of Brazil, Jose Miguel Gonzalez, Consul General of Chile, Nancy Pulecio 09600081.doc 66  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 Valez, Consul General of Colombia, Gonzalo Andrade, Consul General of Ecuador, Patricia Maza Pittsford, Consul General of El Salvador, Ambassador Javier Ruperez, Consul General of Spain, Jesus Rodriguez, Consul General of Venezuela, and Gisselle Castillo Veremis, Consul General of the Dominican Republic and the President of the Ibero-American Consular Association of Chicago. Let's all welcome them here to Springfield today."

"Thank you, Representative Berrios, and thank you, Ladies and Gentlemen, for that warm reception. Speaking to us today will be the President of the Association, the Consul General from the Dominican Republic, Castillo… Castillo Veremis. Consul General Veremis, welcome."

Speaker Lyons: "Welcome to the State of Illinois, we are honored. It’s our pleasure to have it. And photographs will be available. Both… both of our photographers are here to be able to take some pictures. So, again, welcome to Illinois, Iris Martinez. Senator, thank you for being part of the reception committee, and to the whole Hispanic Caucus. Congratulations, again. Thank you, everybody. The Chair recognizes the Lady from Lake, Leader JoAnn Osmond."

Speaker Lyons: "Ladies and Gentlemen, the Republicans have asked for a caucus immediately for about an hour and a half, which means we will be back here at 3:30. So, the House will stand at ease 'til the hour of 3:30. The House will come to order. Mr. Clerk, Agreed Resolutions."

"Representative Lang moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the option of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Ladies and Gentlemen, on page 4 of the Calendar, under Senate Bills-Second Reading, is Senate Bill 253. What's the status of that Bill, Mr. Clerk?"

"The Chair recognizes the Gentleman from Cook, Representative Skip Saviano."

Speaker Lyons: "Is there any discussion on the Amendment? 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 the Amendment is adopted. Anything further, Mr. Clerk?"

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

"Representative Skip Saviano."

Speaker Lyons: "Any discussion? The Chair recognizes Representative Lou Lang."

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

"Sponsor yields."

"Thank you. So, is this in agreement with everyone involved, Representative?"

"And I'm noticing there's something wrong with your voice. Are you all right, Sir?"

"I think there's a movie in your future with that voice. Let me… let me…"

"Would it be all right, because you're not feeling that great, if I just kept you talking for an hour or so, people yield me their time?"

"Nah, I'll just pass. Thank you, Sir."

Speaker Lyons: "No one seeking further discussion. Representative Saviano to close."

"Question is, 'Should Senate Bill 253 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. 09600081.doc 70  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 Clerk, take the record. On this Bill, there are 116 Members voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman from Cook, Representative Dan Burke for a Motion."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would move for the suspen… temporary suspension of the Rules on Senate Bill 748."

"Per the Gentleman's Motion to suspend Rules on Senate Bill 748. The Chair recognizes Representative Roger Eddy."

"Sponsor yields."

"A very standard liquor license exemption in the City of Chicago. A location that has distance between a church and a school. Both entities, both CPS, and the church are neutral on the matter. So, there's no objection to this variance."

"I have been given to understand that there's neutrality on the part of Chicago Public Schools. This is in… this is in Representative Berrios's district. Actually, the 09600081.doc 71  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 Chicago Public Schools does not have policy with respect to issuing letters other than to say that they are neutral."

"So, they do not support these initiatives, but they indicate their neutrality."

"Yes."

"Representative, I understand our staff is very careful in these matters. They have reviewed, we have certain requirements in order to initiate these exemptions, and I've been given to understand that they are in compliance with all the necessary sign-offs."

"Yes."

"Thank you, Representative."

"Seeing no objection, the request to suspend posting requirements on Senate Bill 748 prevails. Ladies and Gentlemen, on page 7 of the Calendar, under Amendatory Veto Motions, Speaker Madigan has Senate Bill 51. The Chair recognizes Speaker Michael J. Madigan."

"Mr. Speaker and Ladies and Gentlemen of the House. This Bill is concerned with major changes in the procurement process for the State of Illinois. The Bill was heavily negotiated during the Spring Session. The Governor offered an Amendatory Veto, which was found to be not compliant with the Constitution. The Senate has overridden the Governor's Veto, and my plan is to move to override the Governor's Veto. And therefore, Mr. Speaker, I so move."

"The Speaker has made his Motion to override the Governor's Veto to Senate Bill 51. Is there any discussion? Seeing none, again, the Speaker has made a Motion to override the Governor on Senate Bill 51, notwithstanding the specific recommendations for change from the Governor. All those in favor of this vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative McCarthy, Representative Verschoore. Mr. Clerk, take the record. The Motion, having received the Supermajority, House… Senate Bill 51, having received 115 'yes' votes, 0 'no' votes, and 0 'present' votes, is declared passed, notwithstanding the specific recommendations for the change of the Governor. 09600081.doc 73  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 Representative McCarthy, for what purpose do you seek recognition, Sir?"

"Thank you, Mr. Speaker. I'd like to be recorded as a 'yes' in the Journal. I somehow hit the button, but it didn’t work. So, I'll try better next time. Thank you."

Speaker Lyons: "The Journal will reflect your wishes, Representative McCarthy."

"Ladies and Gentlemen of the House, just as a point of information, the Rules Committee is meeting. The plan is for after the Rules Committee meets, we will go into the Executive Committee will meet, and then we will come back on the House Floor. So, that is the plan. The Executive Committee will be meeting momentarily. Decisions will be made back there that we'll bring back to the House Floor, and we will reconvene somewhere close to 6:00 to the call of the Chair, but roughly around 6:00. Mr. Clerk."

"Representative Will Davis, for what purpose do you seek recognition, Sir?" 09600081.doc 74  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 Davis, W.: "For the purposes of an announcement."

"Please proceed." Davis, W.: "Ladies and Gentlemen, the House Members of the Illinois… to the House Members of the Illinois Legislative Black Caucus, we will be meeting in Room 122B of the Capitol as soon as we recess for committees to meet with IDOT and the Laborers' Union. Thank you."

"Mr. Clerk."

"So, Ladies and Gentlemen, the House will stand in recess 'til the call of the Chair, and as anticipated, the call of the Chair will be somewhere around 6:00. At ease."

"The hour is now 6:40, and the House will be in order. Mr. Clerk."

"On page 6 of the Calendar appears House Bill 3923, Representative Harris." 09600081.doc 75  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Thank you. This is a concurrence from the Senate. If you recall, this Bill amends the Insurance Code. There was considerable discussion on the floor, and there was the commitment to work out issues in the Senate and return to this Body. I'm pleased to announce that we have worked out all the issues, there is no known opposition. We have agreement from organized labor, from the business community, from the insurance community, from health care advocates, and the Bill, as before you, does three things. For the first time, it allows citizens of the State of Illinois to appeal adverse health care determinations by their insurance company and have outside reviewers determine whether or not they are entitled to that health care treatment. Second, it requires transparency in that health insurance companies are required to submit, and will be posted on the Division of Insurance Web site, cost information so that people can determine how much of their premium dollar goes to administrative expense versus actual purchase of health care for the insured. And third, it will assist small businesses and individuals in shopping for insurance with the standardized application developed jointly by the industry, the Division of Insurance, and health care advocates. I'd be happy to answer any questions and would ask for your concurrence on Amendments 3, 4, and 5."

"Mr. Clerk, please take this out of the record for a moment. On Supplemental Calendar #2… Mr. Clerk, would you read Senate Bill 744." 09600081.doc 76  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Hold this Bill on Second Reading. Mr. Clerk, would you read Senate Bill 748."

"Any further Amendments? Move this Bill…"

"Move this Bill to Third Reading. Page 6 of the Calendar appears House Bill 3923, Representative Harris."

"Thank you, Mr. Speaker. I would just renew my Motion to Concur with Senate Amendments 3, 4, and 5 as discussed, previously."

"The Gentleman moves concurrence with Senate Amendments 3, 4, and 5. And on that question, the Lady from Cook, Representative Flowers."

"Thank you, Mr. Speaker. First of all, I would like for my name to be removed. I put a slip in to have my name removed off House Bill 3923. And I want to say that I really appreciate all the hard work that the Sponsor had committed to this issue, and there's fewer things more important facing America today than health care reform. Unfortunately, I see some troubling parallels between the battle over health care reform in Washington, D.C., as well as with this legislation. On April 3, the Illinois House 09600081.doc 77  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 sent a very good Bill, a strong consumer Bill, to the Illinois Senate. This Bill would have made it simpler and easy for Illinois families to apply for health insurance. That Bill would have required insurance companies to cover mental and emotional disorders. And most importantly, that Bill would have required health insurance companies to spend a minimum of 75 percent of their revenue to provide health care benefits to the families that they promised to protect. Well, that was then. Not surprisingly, the insurance industry opposed that Bill. And after a contentious debate, it passed with a slim majority, with one vote coming from the other side. Just as in Congress, Democrats stood up for what they believe in, and the Illinois House of Representatives passed a very strong reform Bill. The Illinois Senate took a different approach. The House of Lord, as some refer to them, wanted to make everyone happy. Gone is the streamline insurance application process, gone is the mandatory coverage for mental health, and the insurance companies will continue to be able to discriminate. No longer thanks to the Senate and Amendment #3 that we'll be asking to concur on, will the insurance companies be required to spend a minimum of their premiums to collect or on health care benefits for Illinois families that they paid for. And if that wasn't bad enough, Senate Amendment #3 weakens the existing law that protects HMO patients, lengthening the appeal process for denied claims and putting patients further at risk. Not surprisingly, the Illinois Senate capitulated to every demand that the insurance company had. The insurance 09600081.doc 78  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 companies now support this Bill. It passed the Illinois Senate nearly unanimously. Ladies and Gentlemen, the choice is before us today. A vote to concur with this Senate Amendment is a vote against strong consumer protection. A vote to concur with this Senate Amendment is a vote to weaken existing consumer protection HMO patients that the Democrats fought for so long for. A vote to concur with this Senate Amendment waves the white flag of surrender, not just to the Senate, but to the insurance industry. We must send a message that we represent 110 thousand people and that their best interests, not the insurance best interests, is what we should be fighting for. I urge a 'no' vote. Thank you."

Speaker Mautino: "Further discussion? The Gentleman from Crawford, Representative Eddy."

"He indicates that he will."

"The mental health community could not come to agreement within itself on what those standards ought to be, so we are taking that out for consideration at a further time from the Bill that was originally before the House."

"There was disagreement between the different facets of the mental health community on what was appropriate, so we could not come to an agreement that would satisfy the professionals."

"It requires complete transparency, and you will see in that Section of the Amendment where, you know, each and every operating line item of the insurance company must be reported on, I believe, a semiannual basis to the Division of Insurance, and there will be complete transparency and disclosure so that any Illinois insured or any consumer advocate can look at any company and determine for themselves what part of the premiums they're paying are actually going to health care versus other expenses of that insurance company."

"Oh, absolutely. The entire process of external review is now available to Illinois residents where before such a right was not available to persons who had PPO, POS, or other similar health insurance arrangements. Now, if your insurance company denies you a treatment that you believe should be covered or that's medically necessary and your health care provider believes it should be covered, you now have the opportunity to have that reviewed by independent external reviewers, and that they would have the final say- so on the provision of that care for you or your family." 09600081.doc 80  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"I would say that any negotiation, everyone does not walk away happy, and I would welcome working with you, I would welcome working with Representative Flowers on stronger language, going down the road."

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

"He indicates that he will."

"You will also note, Representative, that one of the facets of the external review process is complete recordkeeping on the application for the review of different external review procedures, and it was agreed between all the parties that we would come back at that date certain and reevaluate whether that was an appropriate safeguard or if it were no longer necessary."

"Only in the case of arbitrary and capricious decisions, which I'm told is a… a term of art for lawyers, and the lawyers among us might help define it better. No? A lawyer's shaking his head."

"But I'm told that within the insurance industry, arbitrary and capricious decisions would refer to those where it could be shown that the decision by an external reviewer or other person was tainted by some kind of self interest or pecuniary interest in the outcome and was not based solely on the best medical needs of the patient."

"And I see the lawyer is now shaking his head."

"If you look earlier in the Bill, there is a list that would be maintained by the Division of Insurance by specialty of independent persons who would review these claims, so that if you had, for instance, a claim for neurosurgery, it would be reviewed by another neurosurgeon and not a podiatrist."

"In Illinois, since we've never had a track record of experience with the appeals process, it was agreed between all the parties to test and see if any cases rose to, you know, that threshold during that point in time and then to revisit that particular portion of the Bill on that date certain."

"Yes."

"And we would have empirical evidence and scientific evidence that would substantiate that kind of request." 09600081.doc 83  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"I don’t want to speak for them. I think it's certainly possible that they might have that…"

"…concern about this particular, you know, Section and that particular line."

"Oh, I believe she expressed herself very clearly."

"I think the summary version is, yes."

"And as in discussions with the Representative and with Representative Eddy earlier, I would love to continue to work on strengthening consumer protection and small business protection on the insurance issue here in Illinois."

"And Representative, we want this Bill and others like it to be sure that they are able to retain as much money for profit as they can as opposed to paying for coverage that their employees don’t need."

"Further questions? Representative Durkin."

"He indicates he will."

"These are through the Division of Insurance."

"I don't believe that there's a specific number specified, Representative. I can check and certainly get back to you."

"There is not a cost to the consumer, and the insurance companies have agreed to bear the cost of the review."

"They are selected by the Division of Insurance, and they are selected at random within their specialty to review cases that are appropriate to their expertise."

"I'm told it's a panel of three, but I'm going to have to look at that and come over and tell you."

"I don't want to misspeak."

"No one seeking further resig… recognition, Representative Harris to close."

"Thank you, Ladies and Gentlemen. And I would appreciate an 'aye' vote. And I would look forward to continuing to work with my colleagues on further strengthening protections for Illinois consumers and small businesses." 09600081.doc 86  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"The question is, 'Shall the House concur in Senate Amendments 3, 4, and 5 to House Bill 3923?' This is final action. All those in favor signify by voting 'aye'; those opposed signify by voting 'nay'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 106 voting 'yea', 10 voting 'nay', and 0 voting 'present'. The House does concur in Senate Amendments 3, 4, and 5 to House Bill 3923. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, Committee Reports."

"On page 4 of the Calendar appears Senate Bill 1471. Mr. Clerk, what's the status of this Bill?"

"On Floor Amendment #2, Speaker Madigan."

"Mr. Speaker, please withdraw the Amendment."

Speaker Mautino: "The Amendment is withdrawn. Further Amendments?" 09600081.doc 87  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"On Floor Amendment #3, Speaker Madigan."

"Mr. Speaker, our plan is to present the Amendment on Second Reading, take questions on Second Reading, adopt the Amendment on Second Reading, and put the matter on the Order of Third Reading, where Representative Davis will present the Bill on Third Reading. This is concerned with regulation of cemeteries. And the Bill would require cemetery owners, managers, and customer service employees to become licensed by the Illinois Department of Financial and Professional Regulation. This means that anyone with a supervisory role or anyone who's negotiating with consumers will have to be licensed. Independent contractors who perform this work must also become licensed. The Bill requires cemetery employees to register with the department. This means that the department will maintain information on the cemeteries administrative assistants, lawn mowers, other types of maintenance workers. Independent contractors hired to perform this work must also register. Employees will be issued a registration card that they must carry while working. The Bill requires cemetery owners to reasonably maintain their properties. Here reasonable maintenance includes, but is not limited to, the laying of ground cover as soon as practical following burial, the removal of trash and debris from the cemetery, and the repair of drains, roads, and fences. The Bill requires cemetery owners to maintain cemetery maps. If the department believes that the cemetery is violating 09600081.doc 88  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 the Act, it may hold them to a higher standard and require them to obtain a plat. The map or plat must be open to public inspection. The Bill also requires cemeteries to maintain burial records that include information such as the deceased name, age, date of burial, and a permanent parcel identification number. The Bill requires the department to create and maintain a burial database. Within 72 hours of a burial, a cemetery manager must send the department the burial record for entry into the database. The Bill vests the department with broad enforcement powers. It may investigate all cemetery- related activity. It may examine and audit a cemetery owner's records, care funds, and other aspects of cemetery operation that it may deem appropriate. Penalties for violation of the Act: for example, failure to reasonably maintain the property, failure to prepare a plat, include reprimands, revocations, suspensions, or fines not to exceed $10 thousand. These are consistent with the penalties in other regulatory statutes under the department's jurisdiction. The Bill provides protection to cemetery employees against retaliatory actions by their employers. The Bill provides the following types of cemeteries are exempt from the licensure requirement and new regulations. One, family burial grounds would be exempt. Next, inactive cemeteries, those that have performed no burials in the last 10 years, exempt. Next, small cemeteries, those that are less than two acres, exempt. The Bill also exempts cemeteries owned by the City of Chicago near the O'Hare modernization project. There 09600081.doc 89  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 are partial exemptions in the statute. Religious cemeteries, municipal cemeteries, and relatively inactive cemeteries, those that have performed less than 25 burials over the course of two years, and they do not maintain care funds are partially exempt from the Bill. Partial exemption means they do not have to become licensed, but they must adhere to the following new regulations established in the Bill: one, partial investigation, possible investigation, possible investigation and mediation by the department. Next, a new duty of care. Next, the obligation to maintain a map or a plat. Next, the burial record requirement. Next, whistle-blower protection for the employees. And lastly, the obligation to make entrees into the database. Under current law, the Crime Victims Compensation Act provides compensation to the victims of violent crimes and their family members. This Bill expands the current law to allow the relatives of a deceased person, whose body is dismembered or whose remains are desecrated, to be compensated for reburial costs and psychological care. The Bill will require customer service employees at funeral homes to have the same licensure requirement as those at cemeteries. They will be expected to treat customers professionally, ethically, and fairly. Mr. Speaker, I move for the adoption of the Amendment."

"The Gentleman has moved adoption of Floor Amendment #3. On that question, the Gentleman from Cook, Representative Dunkin."

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

"He indicates that he will." 09600081.doc 90  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"I'd first like to thank you, Mr. Speaker, for being extremely responsive of this traumatic situation that occurred several months ago in our state. Certainly, a lot of us were not expecting or… were extremely surprised. I think this legislation is an excellent start for being the first… the first round of us never having to go through this experience again. Just a few questions. Just trying to get some clarity on some of the partial organizations, the organizations that are partially regulated by us. My first question is, if it’s a religious organization or municipality, what partiality or partial regulatory… what are we regulating with them, I guess, is the real question, specifically?"

"Mr. Speaker, could we have some order?"

"Please bring the noise level in the chamber down so we can hear the debate."

"I believe the Gentleman's question would be, what does it mean that religious cemeteries and municipal cemeteries and relatively inactive cemeteries would enjoy a partial exemption? Partial exemption means that those cemeteries that are partially exempt do not have to go through the licensure requirement that other cemeteries would be required to adhere to. What it would mean is, that the partially exempt cemeteries would be subject to possible investigation and mediation by the department, they would be subject to a new duty of care, they would be subject to an obligation to maintain a map or a plat, they would be subject to the burial record requirement, the whistle-blower protections for employees, and they would be 09600081.doc 91  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 subject to the obligation to make entries into the database."

"Thank you. Can you elaborate on the trust fund accountability with not-for-profit, municipalities, and religious institutions? In other words, if I'm a not-for- profit… if I'm a Catholic or Jewish cemetery, do I have… or what regulatory obligations do I have to report to the Illinois Department of Professional Regulations?"

"Representative Dunkin, the cemeteries that you enumerated would be exempt from those requirements, but we've been advised that probably a majority of those cemeteries don’t maintain that type of an account."

"Okay. The Consumer Bill of Rights, is there a requirement that religious or municipal cemeteries have those articles or Bills of Rights that consumers would be re… that the for-profits would be required to have as well?"

"The answer to your question is no. Here, again, we've been advised that the method of operation of those cemeteries is different than the for-profits, and consequently, they argued successfully that there would not be a need for that type of regulation."

"Okay. So, what's a typical… what's the typical activity level compared to a for-profit versus a religious or municipality, where is it that they are not subject to a bill of rights? Just trying to get some clarity."

"Well, Representative, you were involved early on in this issue…"

"Sure." 09600081.doc 92  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"…and so you know that when you talk about cemeteries, why there are a lot of different types of cemeteries. They come in a lot of varieties and shapes, and we found that as we attempted to work through this issue why we were required to give different consideration to different types of cemeteries in order to develop this Bill, which, we hope, is well-balanced."

"Sure."

"And there are differences in the Bill, but we hope that it's well-balanced and across the board."

"And I believe your intention and your actions really spoke volumes. You've been very responsive and assisted me as well in helping to make this happen. Last question, for some of the for-profit organizations, are they required to register even contractors, let's say, if they were to come to fix a septic tank or do some maintenance, just a contractor that they would hire as a third party?"

"Representative Dunkin, the Bill would provide that in the case of the for-profit cemeteries, that they're subject to licensure. Now, for them, it means that their supervisory people and their customer service people will be required to go through a licensure procedure at the department. Employees below that level, say grass cutters, are simply required to register. If a cemetery brings in an independent contractor to do any function at a for- profit cemetery, then the requirements of the statute would apply to the independent contractor, just as if those people were employed by the cemetery." 09600081.doc 93  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Okay. So, it would be just a one-time registration with DPR?"

"Yes."

"Okay. Thank you. To the Bill. Again, Mr. Speaker, thank you for being responsive and very responsible with this Amendment. We obviously experienced a traumatic experience in our state. No one anticipated any of this. I think this Bill has… is probably one of the most comprehensive pieces of legislation to really put us in a corrective format. And we hope, again, never ever to experience this. This Bill has been very personal for me, personal for a number of Members here and their families, and this is the right thing. And I would strongly encourage an 'aye' vote. Thank you."

"Further discussion? The Gentleman from Vermilion, Representative Black is seeking recognition."

"Yes, Sir."

"Mr. Clerk, are there any notes filed on this Bill?"

"Have you received your response?"

"Speaker Madigan to close."

"Well, Mr. Speaker, the Amendment has been…"

"Yes, Sir."

"Mr. Clerk, the note. Would you present a copy of the note?"

"Mr. Clerk. Speaker Madigan."

"Move for the adoption of the Amendment." 09600081.doc 95  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #3 to Senate Bill 1471. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. Roll Call. All those 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. 79 voting 'yes', 37 voting 'no', 0 voting 'present', the Amendment is adopted. Mr. Clerk, further Amendments?"

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

"Representative Davis." Davis, M.: "Thank you, Mr. Speaker. First of all, I'd like to thank a lot of people who helped bring this Bill to its current shape. I'd like to thank the Governor for forming a task force who met about 10 times. I'd like to thank Patricia Holmes, who acted as the task force chairperson. We'd like to thank cemetery owner Carter, who sat on that committee. We'd like to thank Steve Morrill from the Cemetery Association, and all the many people who worked on this legislation, Dan Brady. We want to give a special thanks, of course, to Speaker Madigan for working very diligently with all of those who had issues, hopefully to bring consensus to an extremely important issue. I think most of the time we don't realize that some of these issues have been before us before when our Comptroller first… in his first term came aboard, there was an attempt to pass 09600081.doc 96  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 legislation very similar to what this legislation entails. Because of what happened in the District 27 that I represent, this legislation became significantly important to make certain that it does not happen again. I believe that all of the concerns that most people had have been addressed, and I think this legislation will help to protect those, the whistle-blowers who want to advise of any illegal behavior occurring in their cemeteries where they're employed. Once again, I thank all of those involved, and Mr. Speaker, I will answer questions if there remain any."

"The Lady has moved passage of Senate Bill 1471. And on that question, the Gentleman from Winnebago, Representative Sacia."

"Indicates that she will."

"Will the Lady answer the question and the Gentleman will bring his remarks to a close." Davis, M.: "Okay."

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

Speaker Mautino: "Further discussion? The Gentleman from Champaign, Representative Rose."

"Yes." 09600081.doc 104  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"The Gentleman's time has expired. Can you bring your remarks to a close?"

Speaker Mautino: "The Lady from Kankakee, Representative Dugan." 09600081.doc 108  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Thank you, Speaker, will the Sponsor yield? Representative, and I've talked to you about some of the concerns of the calls that I've gotten from about 20 different… and in my area small… they're smaller. Now, I'm not quite sure if they fall into the two acre category, but… but many of them are concerned as to the additional cost because in my district, and I think in many a little bit farther downstate, we have small cemeteries and they're very cash strapped as I think others have said. So, my question is, do we know where the 12… since there is only 12 percent of the cemeteries being affected by this Bill, do we have any idea where the 12 percent are? I mean, do we know… it would be easier for me 'cause now I'm not able to get back to my cemeteries that called since Amendment #3 has come out. Do we know where the 12 percent are?" Davis, M.: "Well, first of all, we don't know a lot about cemeteries because we have no way of registering them. There are a number of cemeteries who will not fall under this legislation. They have a partial exemption. The religious cemeteries, the municipal cemeteries, and relatively inactive cemeteries, the family cemeteries, those that have less than 25 burials in a course of two years are exempt from this law. I think that most of those that you're speaking of, Representative, will be exempt from the majority portion of this law. I think the only thing that they will have to be required to do is to record the burial locations which they already are required to do and also to maintain the grounds." 09600081.doc 109  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Which of course I'm assuming most… so the… the licensing fees and all of that that we were concerned would affect the smaller cemeteries or privately owned cemeteries are not going to necessarily be paying fees or license fees or…" Davis, M.: "No not those that are partially exempt. For someone to register for those who are partially exempt there is no fee. They merely go and get a card that states they work at a particular cemetery and they keep that card when they're working on those grounds, similar to a security guard. There's no fee required of them."

"Okay." Davis, M.: "And here's… here's some of the exemptions. Where are we? The full exemptions are: family burial grounds, inactive cemeteries, those that have performed no burials in the last 10 years, small cemeteries that are less than two acres. The Bill exempts a number of cemeteries in those categories. And the partial exemptions, Representative Dugan, are religious cemeteries, municipal cemeteries, relatively inactive cemeteries, and those that have performed less than 25 burials over two years. And they do not maintain cash funds… care funds, I apologize, care funds. This means that they have… they do not have to become licensed, but they must adhere to the following new regulations established in the Bill: possible investigation and mediation by the department, the new duty of care, the obligation to maintain a map or plot, most of those do that already, the burial record requirement, the whistle-blower protection requirement for their employees, and the 09600081.doc 110  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 obligation to make entries into the database. Now that is really not costly. Many of them already do many of these things."

"And I appreciate that, Representative, I guess… was there a reason why some received full exemption and some only received partial exemption?" Davis, M.: "Well, we were trying to cover those burial grounds where they're family burial grounds and we really did not have complaints in reference to the religious cemeteries. They seem to be well-maintained even though they still are under the maintenance agreement in this legislation, but they seem to be doing a fairly good job with their burial. And they are more of a service. They're not profit-making, so that's why they were exempt."

"Then I only have one more question. And again, I'm trying to get my arms around this 'cause I…"

"The Lady's time has expired. Would you like to bring your remarks to a close, please."

"Okay. I just have one other question then. Is there a reason why other municipalities were only partially exempted and the City of Chicago got a full exemption?" Davis, M.: "Well, as you know, there's a very special circumstances in reference to O'Hare Airport and the conditions in that particular area. You're very welcome. Thank you, Representative."

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

"Indicates that she will." 09600081.doc 111  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

Speaker Mautino: "Further discussion? The Gentleman from Crawford, Representative Eddy."

"The Gentleman from Vermilion, Representative Black."

"Proceed."

"Mr… Would you bring your remarks to a close, Sir."

Speaker Mautino: "The Gentleman from McLean, Representative Brady."

"No one seeking further recognition, the Lady from Cook, Representative Monique Davis moves passage of Senate Bill 1471." 09600081.doc 124  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 Davis, M.: "It's okay. I just… I thank you, Mr. Speaker, very much. And I think for all of us, who at some point must leave our loved ones and those dear to us, we want to leave them in the hands of those who will protect and care for them. I thank all of those who assisted with this legislation. And Mr. Speaker, thank you for this opportunity. I urge an 'aye' vote."

"The Lady's moved passage of Senate Bill 1471. 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 Reis, DeLuca, Tracy? Mr. Clerk, take the Record. 89 voting 'yes', 27 voting 'no', 0 voting 'present', Senate Bill 1471, having received a Supermajority, is hereby declared passed. Mr. Clerk, on page 4 of the Calendar appears Senate Bill 1466. What's the status of that Bill?"

"Representative Madigan on… Speaker Madigan on Floor Amendment #2."

"Mr. Speaker, please withdraw Amendment #2."

Speaker Mautino: "Mr. Clerk, withdraw Amendment #2. Any further Amendments?"

"Speaker Madigan on Floor Amendment #3." 09600081.doc 125  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Mr. Speaker, I would propose to adopt this Amendment on Second Reading and then consider the matter on the Order of Third Reading. I would move for adoption of the Amendment."

"The Gentleman has moved adoption of Floor Amendment #3. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the Amendment is adopted. Mr. Clerk, further Amendments?"

"Speaker Madigan."

"Mr. Speaker, are there further Amendments?"

"Mr. Clerk."

"Representative Cross… Leader Cross is seeking recognition."

"Representative Currie."

"Thank you Speaker. I object to the Motion."

Speaker Mautino: "The Motion fails for lack of unanimous consent."

"Speaker Madigan."

"Mr. Speaker, what Order is the Bill on?"

"The Bill is on the Order of Second Reading."

"I would suggest we go to Third Reading."

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

"Leader Cross."

"Although there's been intervening business in the discretion of the Chair, I will grant and… and approve that Motion."

"On the Motion, the Lady from… where are we at here… the Lady from Cook, Representative Bassi is next to speak. Representative Bassi."

"The Gentleman from Crawford, Representative Eddy."

"The Gentleman from Vermilion, Representative Black."

"Please bring your remarks to a close, Sir."

"No further Members seeking recognition? For the record, the Motion to Discharge failed to achieve unanimous consent, and Leader Cross has asked to appeal the ruling of the Chair. And so the question is, 'Shall the Chair be sustained?' And those supporting the ruling of the Chair 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, take the record. 64 voting 'yes', 52 voting 'no', 0 voting present, the Chair 09600081.doc 135  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 is sustained. The Lady from Cook, Representative Mulligan is seeking recognition."

"Mr. Clerk, read the Bill. Senate Bill 1466."

"Speaker Madigan."

"Mr. Speaker, thank you very much. This is concerned with Senate Bill 1466. The Bill is concerned with campaign finance, and there's been references to House Bill 7 which is a previous Bill concerned with campaign finance. There are three significant differences between this Bill and House Bill 7. One, the limits on contributions to candidates now apply on an election cycle basis not a calendar year basis. Two, the limits on contributions from PACs have been reduced almost in half from 90 thousand to 50 thousand. Three, the Bill establishing an aggregate limit on contributions made by political party to candidate committees prior to an election… prior to a Primary Election. The Bill provides that a candidate political committee may accept contributions up to $5 thousand from 09600081.doc 136  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 an individual, $10 thousand from a corporation, labor organization or association, $50 thousand from a political action committee or another candidate committee. In a Primary Election… Primary Election a candidate may accept up to the following amounts from all political party committees. Where statewide offices $200 thousand, for a candidate for the Illinois Senate $125 thousand, for a candidate for the Illinois House $75 thousand. For judges, $125 thousand for a candidate for Supreme or Appellate Court in Cook county, $75 thousand for a candidate for Supreme or Appellate Court in any other county, $50 thousand for a candidate for the Circuit Court statewide. For elective offices in counties with more than a million residents, $125 thousand to a candidate elected by the voters of the entire county, $75 thousand for all other candidates elected to county, township and municipal office. Elective offices in counties other than a county with one million residents, $75 thousand for a candidate elected by voters of the entire county, $50 thousand for all other candidates elected to county, township, and municipal office. A committee formed by a political Party may accept contribution up to $10 thousand from a individual, $20 thousand from a corporation, labor organization or association, $50 thousand from a political action committee, $50 thousand from a political Party or candidate political committee for a Primary Election and unlimited for the General Election. A political action committee may accept contributions up to $10 thousand from an individual, $20 thousand from a corporation, labor 09600081.doc 137  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 organization, association, or political Party committee, $50 thousand from another political action committee or a candidate committee. The Bill substantially increases the reporting of political contributions and expenditures. It requires quarterly reports of contributions and expenditures. Additional, political committees are required to submit year-round reports of contributions of $1 thousand or more. During the 30 days before an election, these contributions must be reported within two business days. For the rest of the year they must be reported within five business days. Also, the Bill requires an individual who makes electioneering communications during any 12-month period in an amount… in excess of $3 thousand relating to any candidate or question of public policy to file a discloser with the State Board of Elections. The Bill also provides for the possibility for obtaining an injunction to prevent a person or media outlet from broadcasting an electioneering communication in violation of this provision. The Bill would provide to the board of elections mechanisms to enforce contribution limits and reporting requirements. For the first time, the State Board of Elections will have the ability to conduct audits of political committees to ensure committees abide by contribution limits and reporting requirements. Each year the board will be required to conduct random audits of political committees and the board will have the authority to audit a committee if the board determines there is reason to believe a violation of contribution or reporting laws has occurred. The board has the ability to increase 09600081.doc 138  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 the penalties for intentional violation of reporting requirements and reduce or waive fines for technical or inadvertent mistakes. Finally, the Bill would require a task force to conduct a thorough review of the implementation of campaign finance legislation in the State of Illinois, and the possibility of implementing a system of public financing of political campaigns in exchange for voluntary adherence to specific expenditure limitations. The task force will consist of 11 members, preappointed by the Governor, one of whom shall be designated as the chair, and two each by the four Legislative Leaders. Mr. Speaker, I move for the passage of the Bill."

"The Gentleman has moved passage of Senate Bill 1466. And on that question, the Gentleman from Kendall, Leader Tom Cross."

"Thirteen Members seeking recognition. We will go next to the Lady from Cook, Representative Coulson."

"Further discussion? The Gentleman from Cook, Representative Fritchey."

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

"Indicates that he will."

"I'll have some brief comments afterwards. But Speaker, a couple questions if you would? House Bill 7, which was the original iteration of this Bill, among the groups that ultimately did not oppose it was the Campaign for Political Reform. Is that correct? That opposed it."

"Yes."

"Have they taken a position on this legislation now?" Madigan: Yeah, that group supports this Bill."

"So, the group apparently found enough differences or improvements in this legislation over the original version to change their position. Is that correct?"

"The answer is yes."

"The Gentleman from Oswego had referenced comments made by Mr. Redfield who is obviously respected, not just by myself, but I think all of us here and anybody that 09600081.doc 147  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 cares about good governance. Was Mr. Redfield involved in the drafting of this version of the legislation?"

"The answer is yes."

"Has he taken a position on this legislation?"

"Mr. Redfield supports this Bill."

"In its present form?"

"Yes."

"Thank you. Ladies and Gentlemen, I… I was one of the six Democrats that did not support this Bill in its previous form as House Bill 7. It was a difficult decision at the time, but it’s one that I thought was the right decision. People want to talk about politics being played and political statements being made. I… I will say humbly, I've been working on ethics legislation down here since most of you were here. My name is proudly on more pieces of legislation to work on cleaning up government, the most anybody in here, and I don’t say that in a boastful way I’ve worked with many of you to do those things, but I’m not going to have my credibility and credentials on this issue called into question. I… I just won’t. With… working with many of you, we spent years to pass the Inspection Solicitation Misconduct Bill. I spent over four years working with some of the groups that have been keenly involved in this legislation. I spent over four years to pass the pay-to-play ban which finally became law this year a… a Bill which was initially met when it was first filed with ridus… ridicule and disdain, then disbelief and statements that it would never be passed. It was met with roadblocks from Democrats and Republicans alike, but we 09600081.doc 148  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 kept fighting and we kept working and we got it passed and it became the law of the land, not as soon as I would’ve liked it to, not as soon as it should have to prevent some of the damage that’s been done to the state’s reputation, but soon enough to prevent further damage down the road. Along the way and over the decade-plus of working on these issues, I’ve also learned that it is difficult if not impossible to craft a perfect piece of legislation. The Gentleman from Bloomington talked earlier about not being able to craft a perfect Bill on cemetery regulation. We’ve had discussions on anything involving DUIs to gun safety legislation across the board to say, look, people would like to see things different but this is a significant step in the right direction. I stood by my vote that I made on House Bill 7 and I will tell you until looking at the Bill this afternoon and reading through it and seeing what it does, it was my intention not to support this legislation today because I would liked to have seen some other things in the Bill. Ladies and Gentlemen, I don’t think I’ve ever taken a penny from Democratic Leadership in the 13 years that I’ve been here. Do I think that having caps across the board makes sense? I do, I do think it makes sense. Do I think that campaign contribution limits will take money out of politics? No, and if any of you go back to your districts and say that campaign contribution limits take money out of politics, you are misrepresenting the facts to them. Folks, as a lot of you know, I think all of you know, I ran for Congress in the spring in the special Primary Election. I raised three-quarters of a million 09600081.doc 149  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 dollars in six weeks under federal contribution limits. Contribution limits do not take money out of politics. Contribution limits do not change the system and the influence. What takes money out of politics are Legislators that are willing to go and represent their districts regardless of how they got there. Don’t look for excuses. Don’t look for Members to hide behind the fact that they cast a vote one way or the other because they were beholden to Leadership to get them elected. That’s what Leaders do. That’s what Leaders do. That’s what Tom Cross does; that’s what Mike Madigan does. That’s what John Cullerton does and that’s what Christine Radogno does. They work to get their Members elected. Is there a Leader in this building or has there been a Leader in this building since I…"

"The Gentleman will bring his remarks to a close."

"Is there a Leader here that has not sought to influence their Members at one time or another. No, that’s part of their job too. I would hope that they would do it for the right reason, to say this is where we need to be ideologically or this is where you need to be for your district. I can’t think of a time where I’ve had the Speaker come to me and say, you have to do this. That’s not how he operates. I don’t think that’s how Tom, excuse me, Representative Cross operates either. This Bill does a lot of very, very, very good things. This Bill takes a state that has been broken and helps to fix it. It doesn’t make it perfect, but it takes us in a big direction. The 09600081.doc 150  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 adage of not letting perfect be the enemy of good applies now more than ever. This is a Bill that you can take back, be proud of and come back here in January and say there’s more work to be done. There will always be more work to be done. But don’t use the excuse of more work needing to be done to be an excuse for doing nothing. Vote ‘aye’."

Speaker Mautino: "Further discussion? The Gentleman from Winnebago, Representative Winters."

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

"Further questions? The Gentleman from DuPage, Representative Fortner."

"He indicates he will."

"The answer is yes."

"That was the result of negotiations on the Bill."

"Well, as you can understand, in the negotiations such as occurred on this Bill, why there were different positions adopted throughout the negotiation. This is something that was settled on at the end of the negotiation. And everyone agreed that one purpose for the task force would be a continuing study of the implementation of this Bill, so that we’d be in a position to take additional suggestions and comments as we go forward."

Speaker Mautino: "Further discussion? The Gentleman from McHenry, Representative Tryon."

"He indicates that he will."

"The answer is yes." 09600081.doc 155  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"A decision was made not to do it in the middle of an election cycle such as the one we’re in now."

"As I stated in the committee, throughout this process I’ve been concerned about building traps into the legislation where people acting innocently and processing checks make a mistake and suddenly there’s a complaint filed, suddenly their under investigation. And in terms of 09600081.doc 156  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 the reporting of the checks, two considerations: number one, following a standard that when the check is deposited, it must be reported. It’s easy to understand; it’s certain; there’s no ambiguity. Number two, it provides a period for vetting. So, most people… that checks that are submitted to them and if they find that they choose not to accept the check, they send it back."

"Your time has expired. Please bring your remarks to a close."

"Eight Members seeking recognition. The next speaker is the Gentleman from Crawford, Representative Eddy."

"He indicates that he will."

"Mr. Eddy, let me answer that question by telling you that there was a meeting in the Governor’s Office involving the Governor, myself, Senator Cullerton, Representative Cross, and Senator Radogno. In the meeting, it went into a discussion of campaign finance, and at one point in the discussion I asked Representative Cross, I didn’t ask him I simply said, Tom, I expect you’re going to be a 'no' on whatever happens. And his answer was yes. And I turned to Radogno and I said I presume you’re the same way. Her answer was yes. And so, from that point forward I presumed that there’d be no interest."

"Well, Mr. Eddy, excuse me."

"We engaged in a little discussion about the elements of the Bill. It went on for a while. And I made a matter of fact question to Mr. Cross. And in a professional manner he responded that he wasn’t going to support it. I mean, so, here we are and we could engage in rhetoric and we will engage in rhetoric. But we… we know what’s happening here. You people have taken a position that 09600081.doc 159  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 you’re not going to support this, and you want… you feel this will be an election issue in November of 2010."

"That’s your position, but…"

Speaker Mautino: "Further discussion? The Gentleman from White, Representative Phelps."

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

"He indicates he will."

"Mr. Speaker, I just have three questions for legislative intent purposes. Number one, this Bill allows labor organizations, corporations and their PACs to act as 09600081.doc 161  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 conduits for the transfers of dues paid by individuals to another PAC. Is that correct?"

"The answer is yes."

"Is it also correct in the case of PAC contributions made by individuals through dues payments, the cap on such contributions applies only to the amount given by each individual and not the entity acting as a conduit?"

"The answer is yes."

"Thank you, last one. So a labor organization, for example, could act as a conduit and transfer an unlimited amount of contributions in the form of dues payments from its members to its PAC and not be subject to the limits created by this Bill, as long as each contribution from the individual is under the cap. Is that also correct?"

"The answer is yes."

"Thank you very much."

"And further questions? Representative Cole."

"The Gentleman from Cook, Leader Miller."

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

"He indicates he will."

"I have just a few questions regarding something that Representative Phelps had talked about. If a… if the dues towards a organization or a labor group is by individual is a thousand dollars, is the… is it up to that particular union or organization to report under this that… that contribution under this legislation?"

"The labor union must tain… must maintain a list of all of those who have made a contribution."

"Okay. And in terms of reporting, since it’s a five- day reporting period, I believe, if a company is given a… a group, whatever it may be, a thousand dollars or more, is it up to the parent organization to report that within five days?"

"The responsibility would be on the political committee."

"Okay. So… so, they do have to re… they do have to report then?"

"The political committee."

"Okay. The political committee. Regardless, if it’s… regardless of what it is? Okay. In terms of the random audits, how will that… listed here how, where, groups will be audited, how will that be decided?" 09600081.doc 163  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"The direction in the Bill to the State Board of Elections is to use a scientific method to determine who would be audited so that the selection would be fair across the board."

"So, a blind sampling of… if there was any prevalence towards one group or maybe, I don’t know, a small PAC or another, would that be looked at, I guess, in the task force recommendations part…"

"That would be the type of matter that the task force would be expected to consider."

"Okay. Is there any provisions dealing with Special Elections in this? As a couple of Representatives have mentioned, in terms of Special Elections I think Representative Fritchey talked about how much money he had to raise. Would this also be considered in terms of reporting and…"

"Well, if someone were to be involved in a Special Election, they’d be under requirement to form a political committee. And then that political committee would be under the requirements of this Bill."

"Okay. And in terms of like groups in… like the… on a federal level like the 529s or groups that… that exist to come out against or for a particular stance. It could be for any particular issue. Do the reporting requirements apply to them? So, there could be some big business group that could be against an entity, or a labor group against a particular or some… some made-up entity that we don’t know where it came from. The swift votes would be an example of 09600081.doc 164  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 it. Is there any way to find out those contributions listed? Is that regulated under this legislation?"

"Mr. Miller, I… I spoke to that on my initial remarks, where I explained that the Bill would require an individual who makes electioneering communications during any 12-month period in an amount in excess of $3 thousand relating to any candidate or question of public policy to file a disclosure with the state board."

"Okay. And in terms of the… the $1 thousand that has to be reported and it says annually, a year, that’s aggregate. Is that correct? Or is that… what is that exactly?"

"Mr. Miller, under the current statute, any time you get a contribution of $500 you have to report that. We changed the 500 to a thousand."

"That the… Okay. So, regardless… so, for instance, is… is it… if somebody within the quarter, I assume its quarterly reporting, if somebody in January gives you $500 and somebody… the same person gives you a contribution in February for $700 then you have to report it at that time, within five days, the aggregate or is it a thousand dollars?"

"The Gentleman’s time has expired. However, we will allow for an answer."

"Well, Mr. Miller, the statute does not require aggregation, but the State Board of Elections has a rule which would require aggregation, which means you’d have to contribute under that example you gave."

"Very briefly, your time has expired, Sir." 09600081.doc 165  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Just one… Okay. So, with… within the… that period, if it’s over a thousand or within, hits that mark, then you do have to report the entire amount?"

"Under the current board rules, the answer is yes."

"Okay. And last question. That… I… I assume this will be going to the… to JCAR for rules making by the State Board of Elections to determine at some point?"

"The answer is yes."

"Okay. Thank you."

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

"He indicates that he will."

"Yeah."

"Obviously, Mr. Black, I don’t recall the number of times I discussed this issue in meetings with the Governor and the other Leaders. I would point out that there were 09600081.doc 166  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 numerous meetings among the staff from the four caucuses to discuss language, review language, accept submittals of language."

"I’m told, two of your lawyers."

"Deposit."

"Because throughout this process, Mr. Black, in this instance and in others, I was concerned about building traps into the legislation. Where people acting innocently would make a mistake and then find that they’re under investigation subject to a complaint. In the case of the requirement that the deposit triggers disclosure it’s easy, it’s clear cut, easy to understand, no ambiguity about it. That’s why that particular requirement was put in the Bill."

"Time has expired. Please continue. Bring… bring your remarks…"

"The status has been on Standard…"

Speaker Mautino: "…but I’ve given the five minutes and additional time to speakers."

Speaker Mautino: "Further discussion? The Lady from Cook, Representative Mulligan."

"He indicates that he will."

"The answer is no."

"I believe in Amendment #2 there were no limits in terms of the Primary Election. So, the biggest difference would be that Amendment #2 did not deal with limits in Primaries. Amendment #3 does."

"Representative, number 1, there’s no change in this area from the current law to the Bill. Number 2, if whatever you described is any kind of contribution to your campaign, it would be covered by the cap."

"Further discussion? The Gentleman from Rock Island, Representative Boland."

"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, I’m probably one of the few people in the chamber that hasn’t fully made up my mind on how to vote on this Bill. Sometimes I lean toward it thinking that this 09600081.doc 173  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 is how Illinois works. We go incremental change and try to improve things little by little. On the other hand, sometimes I think, no, this may be the last chance, as one of the speaker’s has alluded to, and it would probably be my last chance in the chamber. And so, maybe we’re settling for too little. So, since I haven’t made up my mind, let me throw out just a couple of ideas that mull over in my thinking. Number 1 is, one of the good things about this is there’s more transparency, but what it really means is, more paperwork and it’s really not going to result in any real reform. It’s nice. We’ll be putting out more forms; the media can see it. Some of the reform groups can see it. That’s all nice, but it’s not really going to change anybody who’s going to be corrupt or who’s not going to be corrupt. The other… one other thought I have on this is that we’re modeling this after the federal limits and any of you who’ve talked to your local Congressman, you know what happens with them. They spend almost all their time on the telephone raising money. If anything, it seems to me, money becomes a more important thing than it is today. So, I don’t think any of us, if we’re thinking that somehow modeling ourselves on the federal limits, although I think we’re… we’re doing a little better job there, that we’re really going to solve the problem in the State of Illinois. So, let me just throw out a… a couple of ideas. In most ways this Bill is better than House Bill 7, but in one way it is not, at least in my estimation, and that is that I believe political Parties should be open and the Primaries should 09600081.doc 174  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 be open and there should not be endorsements in political Party Primaries. The second thing I would say is that, if we’re really looking to change the system, we should be doing more than a task force on public financing. We should be following the model of Maine, following the model of Arizona, following the model of Connecticut and bringing about public financing because if we really get down to it, we all have to be honest and say the root of the problem is money. And whether it’s raised in a private sense, you’re always going to have that problem. So I would lay that out. I won’t tell anybody how to vote. Usually when I get up to speak, I try to be 90 percent positive and try to promote a 'yes' vote. Only 10 percent usually am I negative urging somebody to vote ‘no’. I still haven’t made up my mind. I will listen to the rest of the debate. But again, I ask that all of you think about those things that I mentioned, particularly the public financing. This is the answer, the real answer. And if we’re really serious in Illinois, that’s where we have to go. Thank you very much."

"The Gentleman from Kendall, Republican Leader Tom Cross is seeking recognition."

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

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

"He indicates that he will."

"Thank you. Mr. Speaker, as I understand it, this Bill prohibits people, organizations or groups from having more than one PAC, is that correct?"

"The answer is yes."

"Does that prohibit an organization like the Chicagoland Chamber of Commerce from having a PAC if the State Chamber of Commerce has a PAC?"

"The answer is no." 09600081.doc 176  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Does the Bill prohibit the Chicago Federation of Labor from having a PAC if the Illinois AFL-CIO has a PAC?"

"The answer is no."

"Thank you Mr. Speaker. I… I heard comments from the other side of the aisle, particularly the Leader, that under this Bill nothing changes. He kept repeating it, nothing changes, and it was a refrain over and over again on the other side of the aisle that nothing changes under this Bill. Well, let’s see. This Bill has caps. This Bill has limits. This Bill has new transparency. This Bill has a new database. This Bill has extensive reporting. This Bill has new penalties. And this Bill has random audits of all of our accounts. Nothing changes? I think many things change. Now it may be that there are many on this floor on both sides of the aisle that would like to do more, but that doesn’t mean that nothing changes. That doesn’t mean that there aren’t substantial new reforms in this Bill that require and demand our passage of this Bill. You know we heard this debate begin with the other side of the aisle talking about their Amendment, and we had a long debate about their Amendment. And we had a long debate about how important it would be to pass their Amendment. And how different their Amendment was from our Amendment. Well, Ladies and Gentlemen, take a look at that Amendment. It’s two pages long. It adopts everything in our Amendment. It adopts everything and then extends it to the General Election. Now, you may want to extend it to the General Election, but to say that the Bill does nothing when it does everything your Amendment wanted 09600081.doc 177  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 to do but you want to extend it beyond that is really kind of ludicrous. Our Amendment does everything your Amendment does, except you go farther. That doesn’t… even the issue that was brought up about five times about depositing the checks triggering the report rather than receiving the check, that is also in your Amendment. Perhaps once in a while, people on this House Floor who had actually read the legislation we’re voting on, it really would be very helpful to the process. Mr. Speaker, Ladies and Gentlemen, the whole purpose of campaign finance rules in the first place was to control special interest money so that when we came to the House Floor we didn’t just simply vote the way our special interest friends asked us to. So that the large PACs didn’t control our votes. So that we came down here more free to vote our consciences. Well, Ladies and Gentlemen, political Parties are not special interests. We all are a member of a political Party. You’ve got an R next to your name, you’ve got a D next to your name and of course you want support from your political Party and of course you support those in your political Party. To lump political Parties in with the kind of special interests that campaign finance laws were designed to control in the first place is wrong-headed from the beginning, wrong- headed from the beginning. Campaign finance laws are to protect us from those outside this chamber, not to protect us from those inside this chamber. And let me go on. We heard a few times about the impeached and removed and… Governor of the State of Illinois. And Ladies and Gentlemen, you’re right. He looked corrupt. He acted 09600081.doc 178  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 corrupt. We took him out of office, and the current finance laws of the State of Illinois were sufficient to have him indicted. The current laws were sufficient to have him indicted. Now, we heard from the Leader on the other side of the aisle that we need to have camp… more campaign finance laws to control more of what we do because apparently he thinks we’re all crooks. Apparently, he has no belief that most if not all of the people in this chamber and across the way are law-abiding Members of the General Assembly. He wants more controls over us because he’s afraid that all 118 of us, perhaps except himself, are crooks. Ladies and Gentlemen, we have campaign finance laws in place today. Who among us has been arrested because of them? Who among us has violated them to the point where we’re worried about each other? The answer is none of us, none of us. This has become a political issue, not an issue of public policy. And when the Leader on the other side of the aisle calls us… all of us crooks, I think we ought to rise up and tell him that we are not and that we want to follow the laws of the State of Illinois…"

"The Gentleman’s time has expired. Please bring your remarks to a close."

"Thank you. I for one have… cannot stand idly by and watch the Leader on the other side of the aisle call all of us, his Members and our Members, crooked. And that’s what he did in his remarks, and if you don’t think he did that I suggest you go back and listen to what he said. This Body and the people in it are honest people. This Body and the people in it are doing the best we can to represent our 09600081.doc 179  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 constituents. Some of us better than others. Some of us get it better than others. That’s not the point. It’s not about who does their job well. Who doesn’t do their job well. It’s not about who’s in the Majority. It’s about having even-handed laws where we can follow them. This Bill, as written, gives us a guidepost. Maybe it’s only for the Primary, but it’s a guidepost for us to follow. It’s a guidepost. And it’s a guidepost for the State Board of Elections to make sure we are following the law."

"The Gentleman from Winnebago, Representative Sacia is seeking recognition."

"The Gentleman from Vermilion, Leader Black has spoken in debate. For what reason are you seeking that recognition, Sir?" 09600081.doc 180  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Speaker Madigan to close."

"Mr. Speaker and Ladies and Gentlemen, in closing, let me simply treat one issue which was discussed by many people in their remarks and it's very simple. The Bill provides that for all political committees in the future there shall be limits on contributions to those committees. So, in terms of income to the committees, there’ll be limits on the income coming into the committees. The Bill further provides that on the spending side there will be no limits on any committees. The committee formed for the election of Governor of Illinois will not have any limits on its spending. A committee formed for the purpose of the election of the Secretary of State of the State of Illinois will have no limits on its spending. A committee formed for the purpose of supporting a political Party, will not have any limits on its spending. A committee formed for 09600081.doc 181  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 the purpose of supporting candidates for the Legislature will not have any limits on its spending. That’s the simple concept of the Bill. That’s why I’m offering the Bill to you and requesting a ‘yes’ vote."

"The Gentleman moves passage of Senate Bill 1466. 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. 66 voting ‘yes’, 49 voting ‘no’, 0 voting ‘present’, Senate Bill 1466, having received the Constitutional Majority, is hereby declared passed. Representative Lyons in the Chair."

"Ladies and Gentlemen, on page 4 of the Calendar under Senate Bills-Second Reading, Representative Nekritz has Senate Bill 941. Representative Nekritz. What’s the… what’s the status of that Bill, Mr. Clerk?"

"Representative Nekritz on Floor Amendment #2."

"Mr. Speaker, I wish to withdraw Floor Amendment #2."

"The Lady moves for the withdrawal of Floor Amendment #2. Anything further, Mr. Clerk?"

"Representative Nekritz on Amendment #4." 09600081.doc 182  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"Thank you, Mr. Speaker. Could we adopt the Amendment and then debate the Bill on Third Reading?"

"The Lady moves for the adoption of Amendment #4. All those in favor signify by saying ‘yes’; those opposed say ‘no’. And the opinion of the Chair is the ‘ayes’ have it. And Amendment #4 is adopted. Anything further, Mr. Clerk?"

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

"Representative Nekritz."

"Thank you, Mr. Speaker. Senate Bill 941 started out life as a Bill to fully fund paratransit services for the disabled in the RTA region, but with the budget difficulties facing all of our transit agencies in the Chicagoland region and downstate, finding resources to plug that hole proved to be difficult. Sales tax revenues, as we all know, have declined precipitously. CTA is short of funds and contemplating fare hikes and service reductions, same with Metra same with Pace contemplating fare hikes on both the fixed route and paratransit service. The downstate transit systems have similar financial difficulties. While I don’t think we can avoid all of the fare increases and service reductions, we can take a step in minimizing those impacts by rolling back the free rides for seniors program instituted by the former Governor. Instituted by the former Governor without any legislative 09600081.doc 183  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 input, no committee hearing, no floor debate and certainly no negotiations. I recognize that this is a difficult step to take, but like so many other difficult decisions imposed upon us by the economic crisis, there aren’t really great options. So while limiting free rides to the seniors to those most in need, those that qualify for the Circuit Breaker Program, may be difficult, I believe it is the fairest outcome. It strikes a better balance between the cost of the free rides with the overall needs of the transit agencies and all the riders. Seniors across the state will continue to receive the half price fares mandated by Federal law. A recent study conducted by the University of Illinois in Chicago found that limiting free rides to low-income seniors could save, in 2010 alone, the CTA as much as 25 million, Metra 10 million and Pace 2 million. Again, these saving are an important part of the overall transit budget solution. This legislation also does two other things. It assures that for… for the years 2010 and 2011 Pace will receive full funding for paratransit service as contemplated in the 2008 funding and reform legislation sponsored by my seatmate. It will avoid steep increases in paratransit fares. No new funding from the state is mandated or even necessary under this legislation. The mechanism for getting the paratransit money to pay simply reallocates an appropriation that is already included in the state budget. Finally, it freezes fares for all the service boards in the Chi… in the RTA region to the level they are currently for the next two years. I’d like to say thank you very much, and to 09600081.doc 184  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 Representative Bassi who has been a champion on the free rides for seniors issue. And when it became combined with the paratransit Bill that’s… that’s how I ended up with it. But I know Representative Bassi has done a lot of work on this and I applaud her for that. Happy to answer questions."

"The Chair recognizes the Gentleman from Cook, Representative Ken Dunkin."

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

"The Sponsor yields."

"Representative, Senate Bill 19… 941, does this stop service cuts and additional route cuts or eliminations?"

"No, it does not."

"Okay. Do you have a sense of where the proposed cuts or reductions would be in CTA?"

"No, I do not."

"So, help me understand. We… we… we’re talking about legislation as significant as this is, one of the largest transportation systems in the country, and we don’t know where the service cut reductions will be?"

"Representative, this is not about solving the CTA’s budget crisis. This does two things. It redu… it cuts back on the free rides for seniors, which will help all of the ser… all the transit agencies across the state close their budget gaps."

"Right."

"But I don’t pretend to say in anyway that it will… that it will completely close the budget gap. And most 09600081.doc 185  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 importantly, it provide… it… it gets full funding for… for the disabled rider…

"Mr. Speaker…"

"…in the RTA region…"

"…Mr. Speaker…"

"…to get… to get…"

"…can’t hardly hear."

"…the rides that they need."

Speaker Lyons: "Ladies and Gentlemen, there’s an important discussion going on about a very important Bill. I know we had a lot of debate over the last issue, but Representative Dunkin would ask us, please, bring the noise level down so we can hear the debate."

"Can you repeat your answer?"

"Mr… Mr. Speaker, can I… I think we’d like to pull the… the Bill from the record right now."

"Request of the Sponsor, we’ll take this Bill out of the record. Ladies and Gentlemen, on page 5 of the Calendar, at the top of the page under Senate Bills-Second Reading, Representative Dan Burke has Senate Bill 1514. What’s the status of that Bill, Mr. Clerk?"

"Representative Dan Burke on Amendment #2."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1514 provides for local districts to 09600081.doc 186  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 better capture federal funding with the issuance of Build America bonds. As part of a federal stimulus incentive, Build America bond obligations issued as part of the ARRA and used for infrastructure projects qualified for repayment of 35 percent of debt service payments by the Federal Government. And there is a few more details to it, but I think in an effort to save time, I’d be happy to answer any questions, maybe get into a more in-depth understanding of it."

"Any discussion on the Amendment? Seeing none, all those in favor of its adoption signify by saying ‘aye’; 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, Mr. Clerk."

"Representative Dan Burke."

"Again, Mr. Speaker, if there’s no questions, I think people have a proper understanding of what it does."

"Seeking recognition is Representative Black. Representative Black."

"The Sponsor yields."

"What did you say, Captain America bonds?"

"That’s for sure."

"There you go."

"If we choose…"

"…to issue them as Build America bonds…

"…not Captain America bonds."

"That’s right."

"These are not new bonds. This is just a way to issue bonds and the Federal Government will be paying 35 percent."

"No. A way to provide another…"

"Correct, correct." 09600081.doc 188  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"No."

"Next to…"

"…your… your favorite store on Michigan Avenue. Old Navy, isn’t it?"

"No, on… actually on State Street."

"Thirty-five percent."

"Any infrastructure, any municipal infrastructure or governmental entity infrastructure."

"I would… just part of the capital program that we passed last year, and I would imagine that new projects would be included." 09600081.doc 189  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"I would think that would be an opportunity."

"Thank you, Sir."

"No one else seeking discussion on the Bill, the question is, 'Should Senate Bill 1514 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, Mitchell, Jerry. Mr. Clerk, take the record. On this Bill, there's 100 Members voting ‘yes’, 15 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Clerk, on page 5 of the Calendar under Senate Bills-Second Reading, Representative Elaine Nekritz has Senate Bill 1846. What’s the status of that Bill, Mr. Clerk?"

"The Chair recognizes the Lady from Cook on Floor Amendment #2, Representative Elaine Nekritz."

"Mr. Speaker, I think I’d like to withdraw Floor Amendment 2."

"Floor Amendment #2 is withdrawn. Anything further, Mr. Clerk?"

"Representative Nekritz on Floor Amendment #3."

"If it’s all right, I’d just as soon adopt the Amendment and debate it on Third Reading."

Speaker Lyons: "The Lady moves for the adoption of Floor Amendment #3. 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. Clerk?"

"Representative Nekritz on Floor Amendment #4."

"I would like to do the same if we can. Wait, no. Is Floor Amendment #4 is a gut and replace? I thought it was a technical. I am. I may have just messed that up, Speaker. It… it is Floor Amendment #4 that I would like to run and not 3. So, we… we need to… with… Mr. Speaker, I’d like to table Amendment #3. It’s back… it’s on Second Reading. It’s still on Second Reading."

"Ladies and Gentlemen, the Lady moves to table Amendment #3. Amendment… All in favor say 'aye'; all 09600081.doc 191  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #3 is with… is tabled. Mr. Clerk."

"Representative Nekritz on Floor Amendment #4."

"Let’s adopt this one and debate it on Third Reading."

Speaker Lyons: "The Lady moves for the adoption of Floor Amendment #4. Mr. Black, do you… can you hold your questions 'til it’s on Third Reading? Mr. Durkin, okay. Is that also… we'll bring it back… your questions on Third Reading? The Lady moves for the adoption of Floor Amendment #4. 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 #4 is adopted. Anything further, Mr. Clerk?"

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

"Representative Nekritz."

"Thank you, and I apologize for the confusion on the Amendment. The Department of Natural Resources, like many of our state agencies, has been really hurt by budget cuts and staff reductions. Senate Bill 1846 would provide some relief for DNR by increasing permit and license fees for hunting and fishing. Every constituency group that we know of that is affected by these permit and license fee increases is supportive. The fees have not been raised for at least 15 years, and in the case of the deer hunting 09600081.doc 192  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 permit fee it has been since 1980. Additional funds that are raised will receive either a 75 percent or 50 percent federal match. And under Federal Law, these funds are protected from any fund sweeps. With the federal match, the department will be able to hire biologists and other front-line staff to work with fish and wildlife. These include: turkey biologists, fish and hatchery managers, and others to do educational outreach. This is a small step to assist one of our state agencies that needs resources. I ask for your support."

"The Chair recognizes the Gentleman from Cook, Representative Dunkin. He does not seek recognition. The Chair recognizes the Gentleman from Winnebago, Representative Jim Sacia."

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

"The Sponsor yields." 09600081.doc 193  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"For the migratory waterfowl fee it’s been since 1990, for the deer hunting permit fee since 1980, and for the hunting and fishing and sportsman combined licen… combination license fee since 1994."

"The Chair recognizes the Gentleman from DuPage, Representative Mike Fortner."

"The Sponsor yields."

"The increases would generate approximately $3 million. As I understand it, most of those funds would qualify for a 75 percent match. The rest would qualify for a 50 percent match. So, we’re talking somewhere between four and a half and five million dollars."

"We did in… in the budget that was passed for fiscal year 2010, there is sufficient appropriation in DNR to allow for the expenditure of these funds."

"Thank you."

"The Gentleman from Vermilion, Representative Bill Black."

"The Sponsor yields."

"Correct."

"That… that didn’t…

"…work out so well for us." 09600081.doc 195  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"I think that’s correct."

"Rep… Representative, I… I’ve… I’ve heard that concern several times as we’ve been talking about this Bill with Members and… and I… I can appreciate that concern. These are desperate times in… in the State of Illinois with our budget. So, while I cannot guarantee that, I don’t think that that’s… you know, the… the intent of this is to try to add to what… what… what the agency is being able to do rather than… rather than simply staying static. So, I… I mean, the intention is to add to…"

"…to the expenditures." 09600081.doc 196  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009

"And… and Representative, I… I appreciate that concern. The counter to that I think or the… the counterbalance to that is, if we don’t do this then we probably fall even further behind."

"So, I… I don’t how to resolve the, you know, how to say yes we want to do this, but… you know… so."

"I… I believe so which is…"

"Well, and I wouldn’t know. Okay. I wouldn’t argue that, but I… I belie… I believe that to be the case. That we have to try to take some steps to correct the problem 09600081.doc 197  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 that we have and… and then fight that battle when it comes up."

"Yes, they would. That’s part of the urgency of the timing on this…"

"…is so we… yeah."

"Not many."

"And you may have noticed it’s getting cold outside."

"Okay."

"Sorry."

"Thank you for that clarification."

"Representative Black, your time has expired. We’ll give you another minute to conclude your remarks."

Speaker Lyons: "The Chair recognizes the Gentleman from Randolph, Representative Dan Reitz."

"Thank you, Mr. Speaker. I guess to the Bill and I appreciate the Sponsor’s efforts. Hunters have always paid their way and I echo Representative Black’s comments. This is needed, it’s a nominal increase overall. They haven’t been raised for a long time, and we need to shore up the department. And to those that are concerned about the General Revenue Fund we… we would invite you to help us to raise the General Revenue Funds that are put into DNR. We have a lot of needs in the state and I think this will go a long way toward helping us. And I did have some questions from the people in the back row, but I’ll wait and ask you those later, Elaine. Thank you."

"No one else seeking recognition, Representative Nekritz to close."

"Thank you, Mr. Speaker. I anxiously await the Gentleman from Randolph's, questions. I ask for your support."

Speaker Lyons: "The question is, 'Should Senate Bill 1846 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 78 Members voting ‘yes’, 36 voting 09600081.doc 200  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 81st Legislative Day 10/29/2009 ‘no’, 1 Member voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, I believe you have a committee announcement."

"And now, seeing no further business to come before the House, Representative Barbara Flynn Currie moves, allowing perfunctory time for the Clerk, that the House stand adjourned to the hour of 11:00 tomorrow, Friday, October 30. So, the House stands adjourned, allowing perfunctory time for the Clerk, to the hour of 11:00 on Friday, October 30. Have a pleasant evening, everyone."