Illinois House Floor Debate — March 11, 2010

“The hour of 12:00 having arrived, Members and guests are asked to refrain from starting their laptops, turn off all cell phones, and rise for the invocation and for the Pledge of Allegiance. We shall be led in prayer today by Lee Crawford, the Pastor of the Cathedral of Praise Christian Center in Springfield. Mr. Crawford.”

"We'll be led in the Pledge of Allegiance today by the Gentleman from Champaign, Representative Rose."

"Roll Call for Attendance. The Gentleman from Jackson, Representative Bost." 09600111.doc 1  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Majority Leader Currie."

"Thank you, Speaker. Please let the record reflect that there are no excused absences on the Democratic side today."

"Mr. Flider, Mr. Reitz. Mr. Clerk, take the record. 116 answering the call, a quorum is present, and the House is in order. Mr. Clerk."

"Mr. Clerk, what's the status of House Bill 4817?"

"Place that Bill on Third Reading… on Second Reading, excuse me. The Gentleman from Champaign, Representative Rose is seeking recognition."

"State your point, Sir."

Speaker Mautino: "Congratulations. Welcome to the House of Representatives. Mr. Clerk, page 25 of the Calendar appears Senate Bill 355. Oh, excuse me. Representative Rose."

"Mr. Clerk, page 25 of the Calendar appears Senate Bill 355. What's the status of the Bill?"

Speaker Mautino: "Read the Bill. Place this Bill on Third Reading and read the Bill."

"The Lady from Cook, Representative Nekritz."

"Thank you Mr. Speaker. This is a pretty straightforward proposal with regard to the date of our Primary. Two years ago we moved it up to be the first Tuesday in, after the first Monday, in February. This would take it back to the third Tuesday in February as we are accustom to. And I think given our experience in the last Primary with having to campaign in the… oh, did I say the third Tuesday in March. I'm sorry, misspoke. Thank you. I 09600111.doc 5  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 think given the experience of candidates and volunteers that this is the right direction for us to be moving."

"The Lady has moved passage of House Bill… Senate Bill 355. The Gentleman from Crawford, Representative Eddy."

"Indicates she will."

"Well, Representative, we all learn from experience, I would hope. But there was a legitimate policy reason for moving it up. I think, you know, Illinois has not been relevant in Presidential Primaries. This one proved us to be wrong because we still would've been relevant had the Primary been on the third Tuesday in March. So, I think, you know, we're hopeful that that will continue to be the case."

"Representative, you pay a lot more attention to those speeches than I do."

"Well, as I said Representative, I think we all learn from experience and the experience proved out that… that we did not have to have the early Primary in order to continue to be relevant in the nomination of the Presidential… of the Presidential candidate."

"Well, I think there… I think there are a couple. One is that… that having a Primary, you know, it proved out to be that close to the holiday season, proved to be difficult for candidates and campaigns to develop the necessary message and to develop the volunteer base that they would 09600111.doc 7  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 need in order to really get their message out. And a few short weeks after the holidays, you know, for a grass roots… a campaign that really wants to do it grass roots and not spend a bazillion dollars on media, you know, that was very difficult for them."

"Well, I think that this is… well, there's a couple of reasons. One, that this is a date that I think most people are familiar with and are comfortable with 'cause we'd it that way for, I believe, a couple of decades before we moved it up. And the second reason, to move it later, you know, I believe that the County Clerks Association did talk to their members and say, what about June? What about a later date? And the county clerks really opposed a June or summer date, in part because people are out of town. They have… they would have a difficult time getting judges. We were concerned about the location of polling places in schools, when schools are closed and what does that mean for extra costs, for janitorial and security and all those kinds of things. So, there was a big… there was a lot of concern among the election authorities about moving it to the summer."

"It was a unanimous… it was a unanimous vote in committee." 09600111.doc 8  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

Speaker Mautino: "Further discussion? The Gentleman from Winnebago, Representative Winters. This Bill is on Short Debate and with a number of folks willing to speak, we'll hear from them all. Mr. Winters."

"Indicates that she will."

"Well, that certainly was part of the discussion and as I indicated to the prior Representative that was speaking, the… the election authorities themselves polled their members, the county clerks, and did not feel that June was a good date at all because of voters being out of 09600111.doc 9  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 town, because of the inability to get election judges. The student election judge, the ability… it was actually focused on the ability to get student election judges on which we have come to rely so heavily and then what happens with polling places that are in schools. And a lot of our polling places are in schools. What does that mean for security? What does it mean for janitorial services? Who's going to open up? All those… those were legitimate questions, I think, raised by the election authorities who did not want, who then said, we prefer not to move it back to June."

"Well Representative, I think the… the experience of the student judges has been that that because they're young and energetic, they're able to withstand those 18-hour days. And…"

"…and they're much more…"

"…they're much more technically savvy."

"I would think that the 18 year-olds are younger and more energetic."

"I… I don't think I can bind future General Assemblies regardless of what I say."

"I'd have to look at it at that time."

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

"Thank you. Will the Sponsor yield? Why not April? Only kidding, Representative. To the Bill. I think that if in the future Representative Winters decides to run for President, we should reconsider this, but I think one only needs to look outside today and remember back to the Primary Election day to know that we should try to make it an easier process for voters to come out to vote. The record low turnout was based on many factors, but giving the people of Illinois a little bit longer to consider their candidates, giving them the ability to come out on a… what will hopefully be a warmer day, will help increase the people that will come out to vote. So, I think that everyone should support this measure."

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

"Indicates that she will."

"Representative, if you run for President, we'll consider it."

"No Members 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? Representative Mitchell, Leitch, Rita, do you wish to be recorded? Mr. Clerk, take the record. 114 voting ‘yes’, 1 voting ‘no’, 1 voting ‘present’, Senate Bill 355 is declared passed. The Lady from Kane, Representative Hatcher is seeking recognition."

"State your point."

"Welcome to Springfield. Mr. Clerk, page 25 of the Calendar is Senate Bill 365, Representative Flider. Read the Bill."

"Third Reading. It's the intent of the Chair to go to Third Readings. I would ask that Members be in their seats. We will start on page 20 with… at the top of the page. House Bill 180, Representative Graham. Out of the record. House Bill 354, Representative Osterman. Representative Osterman, in the center aisle, do you wish to call this Bill? Out of the record. Representative Phelps, House Bill 462. Out of the record. Representative Bradley, House Bill 3869. Read the Bill."

"The Gentleman from Williamson, Representative Bradley." Bradley, J.: "I explained the Bill in a previous Session when we adopted the Amendment. Basically, what this is does is it goes from a Class C to a Class A misdemeanor on people that are habitual huffers, which that's were people sniff glue or whippets or whatever they call it. And the idea with this is, is to get it in a position where they can actually get treatment, because under the current disposition of this, there's just simply not… not enough time for them to actually get help."

"The Gentleman has moved passage of House Bill 3869. No one seeking question, 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? Representative Currie, Beiser, Hoffman, do you wish to be recorded? Mr. Clerk, take the record. 116 voting ‘yes’, 0 voting ‘no’, 0 09600111.doc 14  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 voting ‘present’, House Bill 3869 is declared passed. House Bill 4580, Representative Black. Read the Bill."

"The Gentleman from Vermilion, Representative Black."

"Gentleman has moved passage of House Bill 4580. On that question, the Gentleman from Cook, Representative Fritchey."

"Thank you Speaker. Will the Sponsor yield?"

"He indicates he will."

"Representative, I'll… tell you at the front, and I have not read the substance of the Bill, but I… I have just a couple questions based on the gist what I think you're trying to do here. I guess one of my concerns that jumps out at me is that we are putting into the hands of… and I see, of the Secretary of State really the interpretation of a judicial determination. What I'm trying to get at, Bill, is we're saying here or it seems that you're saying that if they're in any way found to have caused or contributed to an accident. Now, does there have to be a judicial finding that they were involve… that they caused or contributed, or is the Secretary of State going to look at the fact that this individual was involved in a crash, somebody else involved in that crash died, and the Secretary of State makes a determination. Well, in that case, you're going to lose your license."

"And… and I guess my concern though is, even if somebody is found to have been guilty of negligent driving or something, there… there may be even a conviction for a vehicular offense and there may have also been a death resulting in that, but there may not… there may not be or 09600111.doc 16  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 there probably won't be a finding that that person caused or contributed to the accident. Am I… am I making sense here? The Secretary of State won't have a finding from the traffic offense that this person caused or contributed to an accident. They may have been… they may have failed to yield, but maybe there was a three-car accident and the actions of somebody else really is what caused the death. And Bill, I'm not trying to be convoluted here. I mean, here, let me just finish so you can understand where I'm going. Is… my concern is that you can have two individuals in identical situations and the Secretary of State may revoke one person's license, take no action against another one, and neither one of those really be based on a judicial finding."

"But… Representative, one of the concerns though, unless the charge is vehicular homicide, that's easy, but 09600111.doc 17  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 there may be… it may be that the offense was driving too fast for conditions, but somebody died. Yet, this will require an immediate suspension of revocation. And again, I haven't read the Bill, I told you that, but if it requires an immediate revocation or suspension, now we're saying the fact that there may not have been a judicial determination that that person caused or contributed to the death. You know, you may… you may have a case where failure to… failure to come to a complete stop resulted in a fatality, but a reckless driving did not, and there would be a disparate treatment of two different offenses."

"Well, here. I… I don't want to belabor this, and again, I'm not sure that anybody's really focusing on this 09600111.doc 18  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 other than you and I. And… and maybe my thoughts would be different if I read the legislation, but at a quick glance, I think that there are a lot of potential scenarios here, Representative, that can result in a situation where there was a fatality but not a related charge. And that person could lose their license without ever been found guilty by a judge, but they can lose their license. Or similarly there could be a situation where there was a serious charge but maybe not a fatality and I just… you know, I just… concerned that we are delegating judicial authority. Then I would be more comfortable if we somehow were able to invest the judges with the ability to order the Secretary of State to immediately revoke the license because it was a judicial finding that this per… that the defendant caused the fatality. I'd be much more comfortable usurping Secretary of State authority giving it to a judge than the other way around."

"Well, and… and as I said, I guess maybe one time too many, I haven't looked at the substance of this yet. You… you know my trust in you and your staff. As long as you're cognizant of the issues I tried to raise and you think that this Bill is drafted in a way to address those, I got faith in you. Thank you for your answers."

"No further Members requesting questions, 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? Representative McAuliffe, Phelps, Reitz, Saviano, do you wish to be recorded? Mr. Clerk, take the record. 116 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’, House Bill 4580 is declared passed. Representative Senger on House Bill 4583. Mr. Clerk, read the Bill.“

"The Lady from DuPage, Representative Senger."

"The Lady has moved passage of House Bill 4583. 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? Representative Hoffman, do you wish to be recorded? Mr. Clerk, take the record. 114 voting ‘yes’, 1 voting ‘no’, 0 voting ‘present’, House Bill 4583 is hereby declared passed. Representative Kosel, on the Calendar appears House Bill 4627. Out of the record. Representative Zalewski, House Bill 4691. Read the Bill." 09600111.doc 21  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

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

"Thank you, Mr. Speaker. House Bill 4691 came about actually when my daughter was born. I had a car seat properly installed through a… through a proper training procedure, and I felt as though parents could benefit from this training. So, what we've done is amend the Child Seat Passenger Act to state that if a person is found guilty… or a person is charged with this offense, if they purchase the car seat and go through the training pursuant to Illinois State Police or IDOT or local firehouse, they can get the fine waived and the case properly disposed of without paying a penalty. I'd ask for an 'aye' vote."

"The Gentleman has moved passage of House Bill 4691. And on that question, the Gentleman from Cook, Representative Fritchey is seeking recognition."

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

"Indicates he will."

"I forget where you are these days, Z. What… essentially what you're trying to do here is give offenders basically a onetime kind of free ride here, so to speak."

"Yes, Sir."

"Here's… here's my concern with that. If you don't have proof of insurance at the time and you bring in your insurance, it's compliance and you go on your merry way. If you have a broken windshield and you show the receipt that you got your windshield fixed, it tends to be compliance 09600111.doc 22  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 and you so on your merry way. The idea is to bring these people into compliance. The reason we have some of these offenses and the reason that we have the penalties and fines that we do is as a deterrent. You've got a beautiful little baby, now. I've got a beautiful girl that was a beautiful baby at onetime. I don't know that we want people having in the back of their mind that they get one free bite at the apple…"

"Yeah."

"…and if they don’t safely transport their child, even onetime, and they get caught, it's going to be okay because all they're going to have to do is say, well, I got the child safety seat afterwards. I think we want, if anything, to have less leeway on that first offense because all it takes is onetime to not have that child safely secured and you have a dead child. This is not like a broken windshield. It's not like not having a license plate tag. And I know this isn't your intention, Mike, but what I'm getting at, though, is I don't think that this is an arena where we want to give people a free walk. Do you agree or no?"

"Representative, I shared your concerns. The… the initial idea for the Bill was to… to give a safe driver discount to parents who… who had these car seats installed properly. That turned out to be unfeasible. After discussing the matter with the Illinois State Police and the Illinois Department of Transportation, perhaps the most workable solution would be to do this. I don't necessarily know that. I… after my discussions about… with the folks 09600111.doc 23  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 about the Bill, I don't know that the idea of requiring it initially is… is feasible. I wish it were. I just sim…"

"Well, of… of course it's feasible, it's the law. And… I'm not… I'm not being facetious, Representative."

"Right."

"It… it is feasible. We made it the law. I think every state in the country has made it the law, that you will safely transport a child in your car. So, it… it is feasible. The question is, what are we going to do if somebody doesn't follow that law? Are we going to have a law in place to make sure that there's a strong deterrent so they will comply from the first time? Are we going to do what we can as we have done here in the state, to try to make sure that we give car seats to people that can't afford them? That when you leave a hospital with a newborn baby, that they give you information about safely transporting that seat? Or do we want to put in their minds that, hey, if you get caught the first time with the baby in your lap or whatever it would be, it's okay 'cause you just have to be… make sure that you've complied the second time."

"You're… point… again, your point is well-taken, Representative. What I… what I would say is two things. The law as it stands right now only requires a purchase of the… of the seat. And what we're trying to do is create… is what we're trying to do is create a proper protocol for how to use the seat. And I don't, again, I… I don't necessarily… I think the State Police expressed the workload problem with… with generating that many new cases of car seat 09600111.doc 24  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 installations; whereas, I think they felt the more narrow and reasonable approach would be if… 'cause face it, most parents who are caught violating this statute, more likely than not may have multiple children. So, what they're trying to do is create awareness about how to properly install a car seat. How high the straps should be. What… what's inappropriate in a car seat installation."

"And… I get all that, and I'm squarely behind you and I know, not only as a Legislator, but as a new parent, you've got nothing but the best of intentions here. But there's a difference between educating people on how to use a car seat and saying that we're going to treat a baby like a windshield, and we're going to give you a pass the first time, if you don't take care of it. I think if any… we should make it a step here. We… we've come out at the forefront of the country in stiffening our DUI laws because we said if you get caught, we're going to come down on you and we're going to come down on you hard. That's the same approach that we should have here. It's one thing if you want to jeopardize yourself behind the wheel of a car, but if you through carelessness, laziness, ignorance are going to jeopardize a baby by not safely securing that child in a car, I don't think we should say that we're going to give you a pass the first time. Mike, I'm not going to run this into the ground with you. And I'm sure as heck not inferring that your intentions are other… anything other than laudable."

"Representative, two quick things. I want to mention… there's something I forgot to mention earlier that 09600111.doc 25  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 I think is relevant. What we're trying to do is, you know, the State Police when we talked to them about this Bill they mentioned a pilot program called PASSEE that they were trying to expand. And I think, you know, not… this doesn't answer your concerns fully, but I think that it augments them. Second thing is, we… well, if you'll notice in the text of the statute what we've done is, increased the fine if the person simply buys the car seat and doesn't do the installation the fine goes up. If it's a second offense, in this instance, the fine goes up to $500."

"After the second offense?"

"Sure."

"What if the baby dies because they didn't use the car seat the first time? And I am not trying to be overly dramatic."

"I understand."

"But that's, you know, you look at these different as a parent. You look at these different as a Legislator as well though. I just, I don't want to take up everybody's time with this. You… I get what you're trying to do, but we are sending a mixed and incorrect and dangerous message by telling people that you get one free strike with your child's life if you don't secure them in a car. I appreciate you trying to answer the questions. I think we have the same goal in mind. I'm just not sure that the advice you were given by ISP or anybody else is the right way to reach that goal, Sir."

"Representative, I… if… I make a vow to you that if I get this Bill out of the House, I'll find a Senate Sponsor, 09600111.doc 26  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 and you and I and that person can continue to work on the Bill and perhaps address some of your concerns."

"I appreciate that. That's all I can ask. I know that you… you'll be mindful of this Bill, you know, once it leaves this chamber. I'm not going to support it like this."

"Okay."

"But I understand that you'll be mindful, and I believe you. But please take a look at what I'm saying, because, you know, I don’t think any of us would want this on our heads. Thank you, Mike."

"Thank you, Representative."

"Thank you. For the Members of the House, for Bills which are on Short Debate, I'd like to apply or remind Members that Short Debate rules are two minutes per speaker, unlimited speakers. And so, I will go ahead and use the short… the timer from the next Bill on. And my hope is that all Members of both Parties can get to their legislation on Third Reading. And we will do that. I'll announce whether the Bill has been on Short Debate and then I'll go forward with that. Our next speaker will be Representative Reis."

"Indicates that he will."

"Yes. It's an Amendment to the Child Passenger Safety Act." 09600111.doc 27  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Representative, I mean, I'm not… I haven't been in traffic court in two and half years, but it's my understanding that there have been citations written for this violation of this Act. I'm guessing state troopers have a protocol in place that can determine whether a… a driver's a violator of this Act."

"Representative, I'm not a state… Illinois State Trooper or a police officer, but again, I'm guessing that police department protocol gives officers the proper training on how to determine whether a child falls within the purview of this statute."

"Rep…"

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

"Sponsor will yield."

"Representative, that's a good question. NHTSA, National Highway Transportation Safety Association offers instructors to the Illinois State Police, the Illinois Department of Transportation and fire fighters throughout the state. There's a protocol that's within their guidelines that properly instructs you."

"And that's… I, in fact, asked that to the Illinois State Police, Representative. I said, are your regional offices throughout the State of Illinois equipped to handle this… this issue? And (a), they informed me that would be. It wouldn't be a workload problem. And in addition, Representative, it's my… it's my understanding that local fire departments often send one of their members to Illinois State Police to get this type of training." 09600111.doc 29  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"My… again, good question, Representative. What… most fire departments offer this as a free service to their constituencies. There are a limited numbers of instances where perhaps a sole proprietor in Chicago has developed, you know, an LLC."

"But… but most… I'd say the overwhelming majority of individuals offer this as a free service."

"I… I think this will… I… it's my understanding, as a former state's attorney and as a… practicing in a court right now, in these compliance… in these compliance type cases, the litigant will most often go try to get into compliance, especially if it's a free service, come back, get the certificate, and be in compliance and get the court case dismissed. Don't forget, you're also affecting your 09600111.doc 30  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 driving record by getting the matter dismissed as a opposed to taking supervision…"

"…and a fine or a conviction and a fine."

"Representative, I certainly understand that concern. I'd be happy to talk to you about it…"

"…and see if we can get someone from the State Police to address your concerns."

"Thank you, Representative."

Speaker Mautino: "Further discussion? The Gentleman from DuPage, Representative Reboletti. Seeing no further discussion, Representative Zalewski to close."

"There was a… there was a question earlier from the Representative on the… that about how you prove a child is eight years old. And I… bring up something in closing 09600111.doc 31  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 that, you know, if there's a really an issue with enforcement to this… of this statute, a person can come to court, show the judge a birth certificate, I mean, of course they don't carry these birth certificates in their… on their person. But if there is a… there's an issue of fact, then the litigant can certainly come to court, show the judge that the child was… was eight years old or seven years old. So, I just wanted to bring that up. Other than that, I'd ask for an 'aye' vote on this."

"Gentleman moves passage of House Bill 4691. All in favor vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lang, Boland, May, do you wish to be recorded? Mr. Clerk, take the record. 88 voting ‘yes’, 20 voting ‘no’, 7 voting ‘present’, House Bill 4691 is hereby declared passed. The Gentleman from Winnebago, Representative Sacia is seeking recognition."

"State your point."

Speaker Mautino: "Welcome to Springfield and the House of Representatives. Mr. Clerk, House Bill 4699. Representative Bill Mitchell. Read the Bill."

"Representative Mitchell." 09600111.doc 32  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 Mitchell, B.: "Thank you. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4699 provides that the sanitary district of Decatur consists of five members. And that's really what they have right now. This just codifies in law. The City of Decatur has lost population, but because of its unique base, in terms of employment, we're the agricultural capital of the world that… we need for ADM, Tate and Lyle, things like that. We need a… the sanitary district to have five members, and that's what this Bill does."

"The Gentleman has moved passage of House Bill 4699. On that question, the Gentleman from Cook, Representative Fritchey. This Bill is on Short Debate."

"Thank you, Speaker. Will the Sponsor yield? Bill, just a real quick question. So, we're expanding the board, here?" Mitchell, B.: "No, the board currently is at five. Decatur… the City of Decatur has lost population. I think the present State Law says that when you go under a 90 thousand threshold mark that you could go to three sanitary board district. The present board wants this to remain at five, which is the status quo. What's unique about the Decatur Sanitary District is that we have ADM, which processes so much, you know, water and things like that to process grain that we need that the… the board thinks that they need their five members."

"Okay. Thank you."

"The Gentleman moved passage of House Bill 4699. The question is, ‘Shall this Bill pass?’ All in 09600111.doc 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 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. 94 voting ‘yes’, 21 voting ‘no’, 0 voting ‘present’, House Bill 4699 is declared passed. Representative Mulligan, House Bill 4703. Read the Bill."

"The Lady from Cook, Representative Mulligan."

"The Lady has moved passage of House Bill 4703. This Bill is on Short Debate. And the Lady from Cook, Representative Hamos is seeking recognition." 09600111.doc 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"A question of the Sponsor, please?"

"Sponsor indicates she'll yield."

"So, under this we're creating a new health care task force?"

"But are… are we creating a new one? Is this a new…"

"So, who will administer it?"

"And do they… is it expected that they will have staff to do this or how will they…"

"Well, but and so, in the short-term though, is there an expectation that we're going to increase the head count to manage this or what are… what are you thinking about your goals for this?"

"So… for the… you're expecting that there are currently people at the department who will be reassigned to manage this?"

"Okay. Well, I think that… I just wanted to sort of establish for the record that we're not creating a new structure that will really require…"

"No further Members seeking recognition, all in favor vote ‘aye’; opposed ‘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’, 1 voting ‘present’, this Bill is declared passed. The Lady from DuPage, Representative Pihos is seeking recognition."

"Representative Feigenholtz, House Bill 4722. Mr. Clerk, read the Bill."

"The Lady from Cook."

"Thank you, Mr. Speaker. House Bill 4722 would require coolant or antifreeze manufactured after January 1, 2011 and sold in the state to contain denatonium benzoate, which is a bittering agent to deter animals and children from ingesting antifreeze. Every year hundreds of children and thousands of animals, including companion animals, are accidentally poisoned each year from ingesting this substance. I would be glad to answer any questions. This is an agreement between the Consumer Specialty Products Association, the Humane Society of the United States, and also, the Illinois Trial Lawyers." 09600111.doc 37  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"The Lady has moved passage of House Bill 4722. On that question, Representative Osterman, the Gentleman from Cook."

"Thank you, Madam Chair or Mr. Speaker. Will the Sponsor yield? So, Representative Feigenholtz, I know that the Humane Society is for this. Have the American Academy of Pediatrics are they in support, as well? Is this a dog Bill, a cat Bill, or a kid Bill?"

"Yes. Did you say you wanted to be a cosponsor, Representative?"

"Please add me as cosponsor."

"No Members 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. 115 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 4722 is declared passed. House Bill 4737, Representative Hannig. Mr. Clerk, read the Bill."

"Representative Hannig."

"This Bill expends… extend… it only affects state employees covered by the State Employee Group Health Insurance Act. It provides we should provide medically neces… necessary physical and occupational therapy. The therapy should be prescribed by a physician, physician's assistant, advanced practice nurse, and provided by a licensed physical or occupational therapy. Medically 09600111.doc 38  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 necessary means treatment to reduce or the physical effects of illness, injury, disease, or condition. The disease could be chon… chronic, degenerative, progressive and the treatment would seek to maximize function in despite of the disease."

"The Lady moves passage of House Bill 4737. 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? Representative Durkin, Gordon, Hannig, do you wish to be recorded? Mr. Clerk, take the record. 87 voting 'yes', 27 voting 'no', 1 voting 'present', House Bill 4737 hereby declared passed. Representative Bassi, House Bill 4769. Read the Bill."

"The Lady from Cook."

"The Lady has moved passage of House Bill 4769. And on that question, the Gentleman from Cook, Representative Fritchey."

"Thank you, Speaker. Will the Sponsor yield?" 09600111.doc 39  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Indicates she will."

"Representative, just quickly, what… what are we trying to do here, in a nut shell? I… I remember when banned tinted windows. Then we banned them in the rear… the rear windows, then the front windows, then there were exceptions to it, then we could have a lighter tint."

"Well, I… I read… I read that part."

"So, but… are… do we now have a… may… maybe I was asleep at the wheel. Do you know, do we now have a separate standard for a multipass… multipurpose vehicle as opposed to a straight passenger car?"

"A multipurpose passenger vehicle."

"I'm going to assume it's defined in the statute. Are you talking about SUVs?" 09600111.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Okay. So, this… so, this allows basically tinted windows in the rear areas, like in the cargo areas, et cetera?"

"One… one of… one of the reasons for not allowing the tinted windows in passenger vehicles it was actually for law enforcement safety."

"One… one of the reasons for having the restrictions on tinted windows was for safety…"

"The Gentleman may finish his question."

"But why would they want to be able to see in the back of an SUV?"

"I… I understand that. But I'd be just as concerned about the safety of the officer pulling over the SUV as…" 09600111.doc 41  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Okay."

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

"The Gentleman from Vermilion, Representative Black." 09600111.doc 42  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

Speaker Mautino: "Members see… no more Members 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? Representative Graham, Lang, do you wish to be recorded? Mr. Clerk, take the record. 111 voting 'yes', 2 voting 'no', 1 voting 'present', House Bill 4769 is declared passed. Representative Moffitt, House Bill 4778. Read the Bill."

"Representative Moffitt."

"The Gentleman has moved passage of House Bill 4778. 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? Representative Mell, Zalewski, Representative Davis, do you wish to be recorded? Mr. Clerk, take the record. 110 voting 'yes', 3 voting 'no', 1 voting 'present', House Bill 4778 is declared passed. House Bill 4779, Representative Moffitt. Representative Moffitt, do you wish to call… Out of the record. Representative Sacia, page 21… Excuse me. Representative Chapa LaVia, House Bill 4780 appears next on the Calendar. Read the Bill."

Speaker Mautino: "Out of the record. House Bill 4812, Representative Sacia. Read the Bill." 09600111.doc 45  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Representative Sacia."

Speaker Mautino: "Please bring the level of noise in the chamber down. And if you've got side conversations going on, take them to the back, please."

"Take the Bill from the record. House Bill 4835, Representative Reis. Read the Bill."

"Representative Reis."

"Representative Lang in the Chair."

"Representative Osterman."

"Will the Sponsor yield?"

"Gentleman yields."

"Representative, is this on Second or Third debate? Third…"

"So, clarify for me this is handguns and long guns?"

"Going back to your comment, just so people are clear on this, the background checks would only take place if you were going to exchange or trade with a federally licensed dealer. So, if you and I were to trade, there'd be no background check. Is that correct?"

"Okay. So, everyone's clear on that, there is no background check when they're… when they're trading person to person. It would only be done so…" 09600111.doc 49  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Well, you and I could argue that but that's a separate point. You know that waiting periods are 24 hours for long guns and 72 hours for handguns. And that the background checks are done in a matter of minutes on most of those. But let me go to a… a specific question I have that I find to be relevant and that is that, and I don't want to be facetious, but how do you define a long gun?"

"Okay. So, a Tech-9 or an AK-47 look-alike, if I were to go in with a hunting rifle or, you know, a single shot shotgun and you had a Tech-9…"

"The Gentleman's time has expired. Do you need another second or two? Mr. Osterman?"

"I do."

"Please proceed, but briefly, Sir. Please bring your remarks to a close."

"Can we take this off of Standard Debate?"

"I see sufficient hands. We can remove the Bill from Short Debate. Please proceed."

"It's an important piece of legislation. I don't want to belabor, but I think there are some important points. So, Representative, my question to you was, if I had a single shotgun that I wanted to bring to you and I wanted your… I saw it in the newspaper, whatever it might be, that you had a semiautomatic weapon, large capacity 09600111.doc 50  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 magazine firearm that's a long gun, by your definition is not a handgun, then I could trade a single shotgun for that… for that large capacity firearm?"

"So you would define a shotgun and a large capacity semi-automatic as a like gun?"

"They're long guns. Well, Ladies and Gentlemen, to the Bill. I think that as we move forward in this Session there might be opportunities to come to some common ground. I think that people that if they have 25 long guns and they want to purchase another long gun, a shotgun, you know, they… that might be a warranted consideration for them to be able to waive a waiting period. However, as the Sponsor indicated, as the Bill clearly defines the issue of semiautomatic weapons which prevail on our street, it's silent on here. So, someone with a… who wants to do significant amount of damage and all of us need not look far past the newspapers to see that, could trade this, wait a waiting period, and commit a horrific crime. I would like to see the Sponsor, dependent on this outcome, take up the issue of semiautomatic weapons. But at the present time, that is a huge problem with this Bill that everyone should be very, very concerned about. And with that, I would ask for a 'no' vote." 09600111.doc 51  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Mr. Sullivan."

Representative Graham."

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

"Gentleman yields."

"Representative, just on the point of transferring. So, explain that… that portion of the Bill to me regarding the transferring from one person to the other."

"So, you're saying, if I have a gun already and I decide I want to trade this gun in or do something else, but because I have the gun, you're saying I'm almost… I'm exempt from going through some of the other processes because I…"

"Okay. Would this legislation include when you do the background check… What does the background check consist of?"

"Who's doing the background check?"

"So, are you aware of our economic situation in the state?"

"I'm asking you a question."

"So, the owner of the store is going to do a background check. Where is he going to go to get the information regarding the background check?"

"Well, the point I'm trying to make is that our government is saying they're going to cut all these budgets, big-time. Everything's going to be grind down to a grinding halt because we, as the state, don't have money to run the program. I'm afraid that your legislation will not catch people who may have had an encounter with mental illness or have had a nervous breakdown. Things that would go on their record in the background check, if that's included… if that's included if their…"

"I'm sorry."

"I'm just saying, why are we keep extending it or changing it when we… when… we're not sure that the safety measures are there to begin with."

"I understand that." 09600111.doc 54  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"So, my concern is does your background check… are they going to make sure, 'cause when we know a young lady drove across the country in a camper to go and deal with a situation. She was mentally distressed about a situation. So, I understand about you saying they drive long distance, but people who are obsessed about an issue will drive as many miles as they need to do to follow through on an issue that they may have. I understand what you're trying to do, but I understand these people are driving far distances. But we know, it's documented in the news that a woman drove as far as she needed to go in a camper to deal with a situation. So, I'm saying as you consider these people who are driving for long distances to trade in a weapon, to make sure that we make the necessary steps, to make sure… 'cause you know every day it… it changes in terms of the pressures of today's society. Families have committed suicide all together. They've made a decision all together to commit suicide. More than we've seen in a long time, the whole family. So, I'm saying, make sure that when we go… this legislation could very well pass… make sure that the mental health component is taken care of in your Bill 'cause under these distressed times there's going to be more and more pressure. People are going to continue to lose their houses, their jobs. Make sure that if something happened that they crack and have a mental breakdown, that we are protected. Every day honest citizens, even the 09600111.doc 55  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 people who are law-abiding citizens are protected from folks who have an issue. Thank you, Mr. Speaker."

"Mr. Reis to close."

"Gentleman's moved for the passage of House Bill 4835. Those in favor shall vote 'yes'; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Representative Joyce. Mr. Clerk, please take the record. On this question, there are 67 voting ‘yes’, 44 voting ‘no’, and 3 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Sacia on a point of personal privilege."

"Moving down the Calendar, there appears House Bill 4836, Representative Reis. Mr. Clerk, please read the Bill."

"Representative Reis."

"The Gentleman has moved for the passage of the Bill. Is there any debate? Seeing none, those in favor of the Bill shall vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Mulligan, Tryon. Mr. Clerk, please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4846, Representative Bradley. Please read the Bill." 09600111.doc 57  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Mr. Bradley."

"Thank you. This simply allows a fire protection district by referendum to reduce their size from five to three. Apparently in some areas they have trouble filling these boards."

"Representative Soto."

"Yes, Speaker. I voted 'yes' on House Bill 4835, the firearm… the firearm Bill. And I want to change my vote and I'm sorry it was an accident. I was supposed to vote 'no' and I voted 'yes'. So, I'm…"

"The record will reflect your intentions."

"Thank You."

"Any debate on Mr. Bradley's Bill? Seeing none, those in favor shall vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Miller. Mr. Clerk, please take the record. On this question, there are 113 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4859, Representative Phelps. Mr. Clerk, please read the Bill."

"Mr. Phelps."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4859 is a initiative from the Secretary of State's Office. People that are on a restrictive 09600111.doc 58  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 driving permit, this just allows people to do and drive their elderly parents and disabled persons that live with them to and from adult day care. And also, for the courts, it adds a extra note to report bad driving habits to the Secretary of State. And I ask for your passage."

"Mr. Rita. Mr. Rita passes. There being no further debate, those in favor shall vote… I'm sorry. Hold on. Mr. Black, a late arrival. Mr. Black."

"He yields."

"Representative Black, actually, you know, it's a hardship to be able to get to adult day care 'cause all these people may be Alzheimer's patients, if you will. So, actually, it must demonstrate the person that's getting RDP that’s going to drive these people. They must demonstrate that there's no alternative means of transportation, the offender will not endanger the public safety or welfare, 09600111.doc 59  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 and undue hardship will result from the failure to issue the restricted RDP."

"No, it…"

"Well, that… that's already the law. We're just creating… the children's al… already under the law, Representative Black. All this is is just including elderly parents and disabled persons."

"Yeah. That's already law. Yes."

"Right. I asked that myself. This just includes elderly parents and disabled persons."

"That can't drive, may have Alzheimer's or such… such a thing."

"Yeah. No, I agree."

"Right. And this isn't automatic, Representative."

"Not automatic at all."

"Absolutely."

"Absolutely."

"Thank you, Representative."

"Mr. Phelps to close."

"I just ask for the passage of the 4859. Thank you, Mr. Speaker."

"You heard the Gentleman's Motion. Those in favor shall vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative… The Clerk will take the record. On this question, there are 114 'yes', 0 voting 'no'. And this Bill, having received the required Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Durkin." 09600111.doc 61  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

Speaker Lang: "The record will so reflect. Next Bill is Representative Mulligan, House Bill 4922. Is Representative Mulligan in the chambers? Out of the record. House Bill 4934, Representative Nekritz. Mr. Clerk, please read the Bill."

"Representative Nekritz."

"Thank you, Mr. Speaker. Last year we passed some legislation to require licensing for condominium managers. This is some cleanup language requested by the department on the definition of moral character."

"There being no debate, those in favor shall vote 'yes'; those opposed shall vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Farnham. Representative Miller. Mr. Clerk, please take the record. On this question, 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Returning to Representative Mulligan, House Bill 4922. Please read the Bill, Mr. Clerk."

"Representative Mulligan." 09600111.doc 62  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"The Lady's moved for the passage of House Bill 4922. And there being no debate, those in favor shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Senger, House Bill 4940. Don't run, Representative. Take your time. Representative… Mr. Clerk, please read the Bill." 09600111.doc 63  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Representative Senger."

"The Lady moves for the passage of House Bill 4940. There being no discussion, those in favor shall vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Fritchey. Mr. Clerk, please take the record. On this question, 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of House Bill 4779?"

"Please put that Bill on the Order of Second Reading. The Chair recognizes Representative Black." 09600111.doc 64  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"The Chair recognizes Representative Currie."

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

"The Lady objects. And the Chair rules that the Motion is defeated. Mr. Black."

"Mr. Black, just so the Chair is straight. Your Motion to Discharge committee was ruled by the Chair to have been defeated. What is your current Motion?" 09600111.doc 67  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Mr. Bradley."

"I'd just like to speak to this issue just briefly and I don't normally do this. But we had a very extensive subject matter hearing on this issue in our committee, Revenue & Finance, earlier this year. We took testimony. There was debate. There was discussion. It was not clear to me or other Members of that committee that this would actually result in a net savings. There was substantial testimony that it could possibly escalate the repayment of taxes but that it doesn't necessarily bring in a lot of new revenue. In other words, it was revenue that we would probably get at some point anyway, but it might escalate it. And more importantly, and I think the thing that I took from that committee was why are… why are we rewarding tax cheaters?"

"Mr. Black."

"The question is, 'Shall the Chair be sustained?' All in favor shall vote 'yes'; all opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Joyce. Representative Hannig. Mr. Clerk, please take the record. On this question, there are 68 voting 'yes', 46 voting 'no'. And the Chair is sustained. Moving down the Calendar, House Bill 4960, Representative Poe. Mr. Clerk, please read the Bill."

"Mr. Poe." 09600111.doc 69  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"The Gentleman moves for the passage of House Bill 4960. There being no debate, all in favor shall vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chairman… the Chair… the Speaker re… recognizes the Majority Leader."

"Thank you, Speaker. Please add Representative Hoffman to the excused li… list for the rest of this afternoon."

"That will be done. Thank you. Next Bill on the Calendar is House Bill 4964, Representative Nekritz. Mr. Clerk, please read the Bill."

"We did this. Well then, you don't have to do it again now, do you? Next Bill on the Calendar is House Bill 4968, Representative Farnham. Please read the Bill, Mr. Clerk." 09600111.doc 70  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Representative Farnham."

"Thank you, Mr. Speaker, Members of the House. This legislation… House Bill 4969 (sic-4968) is legislation. It's a Member initiative on behalf of the Village of East Dundee, the Illinois Municipal League and Metro West Council of Governments to annex land opposite a conservation area into East Dundee. The change will also allow municipalities to annex land on the other side of conservation areas to provide services to residents without affecting the conservation area. It amends the Municipal Code. It adds to the types of lands considered artificial barriers. For the sake of this Bill, conservation area means an area dedicated to conservation and owned by a not- for-profit organized under Section 501(c)(3) of the IRS Code."

"The Gentleman has moved for the passage of House Bill 4968. Seeing no discussion, those in favor shall vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mulligan. Mr. Clerk, please take the record. On this question, there are 98 voting 'yes', 16 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Poe."

"Your point." 09600111.doc 71  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Is that a request, Sir, of some sort? I didn't hear your…"

We will take that under…"

"We will take that under advisement, Sir. The next Bill is House Bill 4969, Representative Farnham. Mr. Clerk, please read the Bill."

"Mr. Farnham. Out of the record. House Bill 4987, Representative Holbrook. Mr. Clerk, please read the Bill."

"Mr. Holbrook."

"Thank you, Speaker. House Bill 4987 makes it a crime now to place objects on the active railroad tracks and right-of-ways. This is an initiative by the Transportation Union, supported by the Illinois State 09600111.doc 72  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 Police, the Associated Firefighters, the AFL-CIO, the Illinois Railroad Association, and many other groups dealing with the operations and safety of public safety. I know of no opposition to this Bill."

"Mr. Black."

"There being no further discussion, those in favor of the Bill shall vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And… and this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of House Bill 4990?"

"Please place this on the Order of Second Reading at the request of the Sponsor. Next Bill on the Calendar is House Bill 5012, Representative Collins. Out of the record. House Bill 5039, Representative Nekritz. Mr. Clerk, please read the Bill."

"Representative Nekritz."

"Thank you. This one I will… I will move on, Mr. Speaker. Thank you. When we ex… expanded early voting or created early voting and grace period voting we did not give the election authorities any additional time in which to conduct all the challenges, do all the ballot checking, certify the ballots, and do all… everything that they do. So, we… we asked the election authorities to cram all that 09600111.doc 74  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 work into three less weeks or two and a half less weeks, so that we… they could be prepared for early voting. This adds a little bit of additional time to… it pushes back our petition gathering time a little bit and… and it does some other… one other adjustment in order to give the election authorities a little bit more time in which to… to make sure that the ballots are ready and there ready… and there ready to go for early voting."

"The Lady moves for the passage of House Bill 5039. On that question, the Chair recognizes Representative Dunkin."

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

"Mr. Speaker…"

"The Lady yields."

"Can I… I think we're going to pull this bi… Bill from the record right now."

"Take the Bill out of the record, Mr. Clerk. Representative Farnham, House Bill 5043. Out of the record. House Bill 5079, Representative Harris. Mr. Clerk, please read the Bill."

"Mr. Harris."

"Thank you, Ladies and Gentlemen. This is a Bill that's just a minor piece of cleanup language for House Bill 3923 that we passed last year that corrects the definition of physician in one section. I'd be happy to answer any questions." 09600111.doc 75  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Representative Lyons in the Chair. Is there any discussion on House Bill 5079? Seeing none, the question is, 'Should House Bill 5079 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Phelps. Danny Reitz. Mr. Clerk, take the record. On this Bill, there are 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Represen… Representative Lang, on page 22 of the Calendar, you have House Bill 5055. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Cook, Representative Lou Lang."

"Thank you, Mr. Speaker. This is a Bill that is to save our consumers money by requiring the courts to do what their already supposed to do under the law, but to cleanup the law so that they know that a plaintiff in a foreclosure action has the right to choose any selling agent they wish for the sale of the property. It's cheaper than using the local sheriff. It's faster than using the local sheriff. I know of no major opposition to this Bill."

"You've heard the Gentleman's explanation of House Bill 5055. Is there any discussion? Seeing none, the question is, 'Should House Bill 5055 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all 09600111.doc 76  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what's the status of House Bill 5093?"

Speaker Lyons: "Representative Ramey. Out of the record. Representative Lang in the Chair."

"The Bill on the Calendar is House Bill 5095, Representative Cross. And Representative Schmitz to handle the Bill for him. Mr. Clerk, please read the Bill."

"Mr. Schmitz."

"The Gentleman moves for the passage of House Bill 5095. There being no debate, all in favor shall vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Colvin. Have all voted who wish? Mr. Colvin. Thank you. The Clerk will take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mathias on House Bill 5133. Mr. Clerk, please read the Bill."

"Mr. Mathias."

"The Gentleman moves for the passage of House Bill 5133. And there being no discussion, those in favor shall vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Brady, Phelps, Reitz. Mr. Clerk, please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5139, Representative Moffitt. Mr. Clerk, please read the Bill."

"Mr. Moffitt."

"The Gentleman's moved for the passage of House Bill 5139. This Bill is on Short Debate. I will be using the timer. The Chair recognizes Representative Fritchey."

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

"The Gentleman yields."

"Representative, I… I know what you're trying to do and it's a much better Bill than it was. It's still 09600111.doc 80  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 drafted in a way that's not going to work. Let me just give a cou… couple of examples here. First of all, you know, you… you talked about one of the lighters being designed as a bowling pin. I don't know that a bowling pin is going to qualify as a toy to start with. Right now, I'll just give you another… give you another example here, you know, a novelty lighter shouldn't include anything that looks like, among other things, a vehicle, but it doesn't include lighters that have shrink-wrapped sleeves and logos on them."

"So… so, if you have… so, you can't sell a lighter shaped like a NASCAR vehicle, but you can sell a lighter that has pictures of NASCAR vehicles on it. If it's shaped like a lighter and it's nice and colorful, it has a NASCAR logo on it, and pictures of race cars in flames, or whatever else that's okay, but if it's shaped like an old '64 Mustang that's a toy and it's not okay. It's going to create confusion. It's still does… the purpose is right, the language is wrong. It still isn't… I don't know if it's enforceable, but you were going to trip up retail merchants. You're going to trip up individuals. It doesn't… I don't know candidly, Representative, if the Bill can be drafted in the right way, but the way it's drafted right now it's inherently inconsistent, do you agree?"

"Okay. How… how about… let me… I'm not trying to be difficult. I'm… I'm actually trying to see what happens in the real world. What if you have a lighter that's shaped like a vehicle, but has a shrink-wrap on it with a logo. On one hand, it's prohibited. On the other hand, it's excluded."

"The Chair is going to take this off of Short Debate 'cause there are several speakers wishing to speak. However, I would ask the Members to be as expeditious as possible. We have many Bills to go through. Mr. Moffitt, were you responding to Mr. Fritchey? Please proceed."

"Let… let me re… the last question is this. The… the Bill prohibits a lighter, just one example, the Bill prohibits a lighter that's shaped like a vehicle, but excludes a lighter that has a shrink-wrapped sleeve on it with a logo. So, if you had a lighter that was shaped like a car but has a shrink-wrap NASCAR logo on it, is that lighter prohibited or excluded?"

"No, but…"

"But… but that's… it's not what it says. The… the Speaker's right, we have a lot of Bills and a lot of people waiting to speak. I just gave you one example off the top of my head on how a… what a… a lighter can be specifically covered and excluded by this Bill at the same time. I… it's sufficient enough to show that the wording on this language, while a vast improvement, still isn't right yet. Thank you."

"The Chair recognizes Representative Bost."

"The record will so reflect. Mr. Black."

"We'll check in with you later, Sir."

"Representative Cole."

"Representative Colvin."

"Are you done yet, Will, before I start? No… no lighters. Mr. Speaker to… to the Bill. I rise in support of the Gentleman's Bill for a… a number of very practical reasons. The Sponsor, who is a tremendous Gentleman and an advocate for fire safety for the nine years I've been here in Springfield, and not withstanding the comments of my colleague on this side of the aisle and the Gentleman who spoke after him. Lighters have very specific purposes. We all know this. Obviously, when you buy a cigarette lighter it's typically to light up a tobacco product, but maybe you use it to light a stove, or a… a gas pilot, or… or a barbecue grill, but it has a specific purpose, none of which have to do with children playing with lighters and assuming them as being toys. When Representative Moffitt 09600111.doc 86  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 came to committee, he came to committee with several fire chiefs who testified that these lighters, not only pose a significant public safety hazard, but as the Representative also pointed out… the Sponsor also pointed out, there's several public health factors. All of these lighters that he brought to committee, shaped like little toys and little dolls, were made in China. Many of them had significant lead content, which I consider not one of the… the primary reasons why we shouldn't… why we should be supporting this ban, but it's one that we can't ignore, nonetheless. I did understand the… what the… the first speaker on this Bill was trying to establish in drawing a… a difference between the two and… Commissioner… but… but seriously, I think that the Sponsor has done a very good job laying out the public safety and the public health concerns of these which I think clearly outweigh any of the unreadiness that we heard in opposition to this Bill. I would ask everyone to support this. If… if you don't believe him, take it… a look at the lighters. It's startling that anyone would think it was a good idea to fashion a lighter in… into a Hot Wheels toy with the clear intent that… or clearly a child would mistake it and we've all seen the tragedies of what happens when small children have these instruments of destruction in their hands. This should be a… a no- brainer. I ask everyone here to support this. And I want to, once again, commend the Sponsor for his hard work and effort on this Bill, which is the second time he's brought this Bill here. After… after the first time, he met with IRMA and they asked him to make several specific changes 09600111.doc 87  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 that'd move them to a position of no position on the merits on this Bill. I… I want to congratulate you on your hard work. And I urge everyone to vote 'yes'."

"Representative Jakobsson."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of this Bill. And this… I rise in support of the Bill for a number of reasons. The lighters are very attractive to children, to preadolescent boys, especially. I know, I've been in the store with my grandsons, they've seen these and they think they're really pretty cool. At one time, I was telling somebody about them and I almost bought one thinking, well, you know, I could show you what it is, but then I decided I didn't want it in my house where there would be children around. One of the very dangerous things about these lighters is that they only take one maneuver to light. They're not regulated and that's what makes them so dangerous. You just have to open them and you've got a flame. So, I think for helping our youngsters not prevent fires, not playing with fire this is a very good Bill. Thank you for working on it to make sure that it moves forward this time."

"Representative Brauer."

"Gentleman moves the previous question. Seeing no objection, the previous question is put. Mr. Moffitt to close."

"Those in favor of the Bill shall vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Flowers. Mr. Clerk, please take the record. This question, 110 voting 'yes', 2 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Connelly, House Bill 5144. Mr. Clerk, please read the Bill."

"Mr. Connelly."

"The Gentleman moves for the passage of House Bill 5144. On that question, the Chair recognizes Representative Franks."

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

"The Gentleman yields."

"Why do we want to do this?"

"And I appreciate that answer. And to the Bill. I think this is rotten public policy. And I understand what you're trying to do, to try to make it like the other ones, but listen, this is putting lipstick on a pig. What we're doing is we're ripping off our school districts and we're raising taxes on everybody else because what we're saying is if you take foreclosed property that happened to be the government, don't worry about paying the taxes, we'll just raise it on everybody else. We'll have them pay for 09600111.doc 90  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 everything because we're the government. So, this is a really bad public policy because what you're saying is the schools won't get their money, the municipalities won't get their money, the county won't get their money. Forget it. If you get this… if you get land because of… it's been foreclosed, you should not extinguish the lien for the taxes because what you're doing then is shifting the burden to all of us who follow the rules. Vote 'no'. If you don't vote 'no' what you're saying is raise taxes on everybody else and let the government take from you."

"Representative Coladipietro."

"Gentleman yields."

"Representative Eddy."

"Gentleman will yield."

"Representative Sullivan."

"Representative Dunkin."

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

"Gentleman will yield." 09600111.doc 93  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Representative, this is a very interesting piece of legislation and it's totally a new concept. So, I have a… a few questions. I'm not autho… an authority on… in various foreclosure proceedings, et cetera, but if this is… so, this is a major issue in Naperville, I take it."

"So, when they acquire the property, do they get an opportunity to sell that property, or will they just demolish it, or what actually is sort of the intended next steps after property acquisition?"

"So, obviously, park districts they want open space and they push for that. So, this is primarily targeted towards those properties that are near park districts?"

"Right. Is there a way that a prior owner or the bank could come back and try to maybe pay off… pay off the lien and deal with the taxes sort of retro… retrospectively?"

"How do we know that we can avoid certain park districts being aggressive in foreclosure or… tax abatement programs, such as this here that you're trying to initiate, that are sort of ill-intended… ill-intended, if you will? In other words, you have a park, lets say in Naperville, where you're trying to… to establish this program or statewide if we… we pass this law, correct?"

"What if you have certain board members or certain designers, architects that have been eyeing certain plots of land or locations for park expansion maybe for a water park or for an extra fieldhouse. How do we know that we can avoid that type of egregious approach?"

"So, I guess I'm looking sort of long-term… long-term here. If I am a plan developer or an architect, someone that's within that community and in this climate where… where you have a number of property that has just simply failed and people have walked away from them, how is it that we can avoid members of the park district staff or board members sort of taking it upon themselves to aggressively go after certain properties that are contiguous to the park and sort of meeting their objective at the end of developing further for sometimes for the right reasons or for the wrong reasons of property acquisition. Does… does that make sense? Sort of where I'm headed with this, Representative."

"What if I owned a… an acre and I owed about $200 thousand on the property and I wanted to bequeath it to the park district. What happens to those taxes?"

"Is there a way that the county of… let's say, DuPage County or part of Will, I guess that's a part of Naperville that they can do this on their own other than State Law? In other words, you have to do this here or can they take it upon themselves?"

"Because I… I know the City of Chicago they eminent domain property or abate property all the time."

"Is there a way that, Representative, and you're certainly an honorable Representative down here, someone that I respect and I know you mean well for your respective district but…"

"…is there any kind of way that we can put an exemption in this legislation that would, you know, to help avoid some of the more… well, abuse, quite frankly, by individuals who are board members of park districts or… or employees who may be ill-intended. That's… that's the only concern I would have."

"Well, I'm sorry. Can you clarify that you talked to Senator Wilhelmi and you're going to make some exceptions. What exceptions were you looking at?"

"Okay. Is… would this affect…"

"Mr. Dunkin. Mr. Dunkin. Could you… could you bring your remarks to a close please, Sir."

"Yes, Mr. Speaker."

"Thank you."

"Does this affect or how does this affect Cook County?"

"Okay. Thank you, Mr. Representative. To the Bill, very briefly as I wrap up. The only concern that I have with this legislation is you have a number of park districts where members actually run for office and all park districts are not created equal and they don't always often have the right intention of citizens who have desire… who… who are contiguous to the park districts and… or who have de… desirous land. I think it's… we need to be very careful of how we sort of provide blanket tax abatement to park districts without having some form of exemptions. 09600111.doc 98  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 And so, I'd be willing to work with you, Representative, over the… you know, once it comes back from the Senate if we can make some type of exception to avoid possible abuse. Thank you, Sir."

"Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor will yield." Davis, W.: "I think, Representative, I… I have a question and… and I… I think you were attempting to try to address it very similar to the previous speaker is how do we… how do we deal with abuses with this? How… it… this is something that can invariably be abused and I think your side would appreciate it because you guys are the main ones fighting corruption, you know, about transparency, at least that's what… what you say, anyway. So… so, in a Bill like this, you know, if I happen to have some friends on the local board and I've had a piece of property that I've decided not to pay taxes on, so no one's benefiting at all. This Bill could invariably allow a local park board to simply take that piece of property off my hands and I can walk away from it without any penalties or anything like that. So, how does your Bill prevent abuses like that?"

"Well, we'll ask the Members to calm down and we'll ask the Sponsor to speak louder. How's that?"

"Much better, Sir."

"But we're… but we're talking about park districts. So, I think that puts the conversation a little…"

"Representative McCarthy."

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

"Those in favor so say 'aye'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the question is put. Mr. Connelly to close." 09600111.doc 103  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"The Gentleman moves for the passage of the Bill. All those in favor shall vote 'aye'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lyons. Representative Currie. Please take the record, Mr. Clerk. On this question, there are 72 voting 'yes', 37 voting 'no', and 3 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5154, Representative Chapa LaVia. Please read the Bill, Mr. Clerk."

"Thank you…"

"Representative Chapa LaVia."

"Thank you, Speaker and Members of the House. House Bill 5154 is a gut and replacement from the original Bill, but it… it prohibits disclosure of performance evaluations under FOIA. It's part of Senate Bill 315 that had passed out of here that we were so successful getting 09600111.doc 104  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 Race to the Top dollars, but there was a portion cut out of it in the last minute. And I'll take any questions."

"Lady's moved for the passage of the Bill. The Chair recognizes Representative Eddy."

"Lady yields."

"Correct."

"That's correct. And it was the personal records review."

"Because, you know, we feel under the Act that we believe that the… there… there should be a qua… quality employees at the workplace and a performance evaluation process should support the goals by this approach that what we're doing is we're keeping the evaluation as input and output to include destructing what's not working and what's… replicating what is working is not to punish the 09600111.doc 105  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 employees, but it's… the evaluation is more to corrective action and… and we felt that we were going too far by allowing this open and subject to FOIA. So, that's why we corrected it."

"Correct."

"Correct."

"That's not my intention."

"It's just for the… the evaluation."

"That's correct. And what… and what… it's just a thorough and a constructive evaluation. Employees should receive guidance, corrective action, and further development all within the goal of helping employees achieve excellence. I mean, this is what we're trying to do. If this would open up to all the public it would… it would actually derail that and have an outcome that probably wouldn't be good for the workforce, or the employee, or management because things might go awry. But this is just a tool to allow them to make corrective action. This is just for evaluations. And I would thank you for your question."

"It's not my intention."

"Thank you."

Speaker Lang: Representative Chapa LaVia… Sorry. Representative Black."

"Lady yields."

"Right. That's two separate issues that you're talking about. One, they can get information on that if he was… have a criminal background history. This is just performance evaluations. This doesn't have to do with a criminal background. Hopefully, they would have caught that when they were doing the fingerprints and all those matters. But this is just for performance evaluations, Representative. And within those performance evaluations now they're subject to the management review. So, from upper management to lower management so that person could 09600111.doc 108  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 review those records under evaluation performance of their job."

Chapa LaVia: "Well, that's questionable and that's what Representative Eddy was saying before in the last discussion with Speaker… when they implemented this, as far as transparency and things like that, the discussion went that that… employee evaluations would not be FOIAable That's what was stated and then we had to put corrective actions in Senate Bill 315 and then this to make sure that that was codified that they are not subject to FOIA because they're evaluations for corrective actions or the person's doing great. It's basically for performance of that duty or that job not necessarily any issues that a parent might have with the teacher 'cause that would be taken up through the superintendent, the school board and through their highers, but this is based on their performance as an employee."

"And that's where the confusion is in the media, too. And not one media… you know, nobody has come to me about this Bill. So, you know, I don't… I don’t know where 09600111.doc 109  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 they… I know they oppose it, but they… you know, haven't come to me directly and told me anything."

"Right. In 315, what we did is we did teacher disclosure… disclosure of teacher, principal and superintendent performance evaluation. Well, what we had a couple of months to put together Senate Bill 315 and we had a lot of people at the table and there was negotiations that went on. They felt that the last years piece of legislation put a lot of their employees during the performance evaluation under a lot of stress that they could be FOIAed… FOIAed. And there was a lot of discussion even before our Bill and that's why once again Representative Eddy brought it up again that this… they would not it'd… be prohibited for evaluations of employment to be FOIA'd. So, what we're trying to do is just codify not only in 315 but this piece of legislation that the intent was with the Speaker that spoke last year is the same intent but we're codifying it so now it's not subject."

"That would not be in a personnel evaluation."

"That would not be in a personnel evaluation from his supervisor."

"It would… it would pro…"

Chapa LaVia: "Right. That would probably be in a disciplinarian folder. It wouldn't… it wouldn't be in the evaluation of his job performance as a bus driver."

"Well, that's what… that's…"

"Representative Chapa LaVia to close."

"Thank you, Speaker, Members of the House. See, the members are not in the category or are not afraid of anything. It's the personal information that is put in that evaluation that they're afraid of. That's what they're afraid of is… is letting their confidential information out there for everybody in the world to see. And trying to get the best performance out of somebody isn't always a great idea to let the, you know, to have that open to subjection from other people on personal items. So, I think this is very reasonable. It is just the performance evaluation in the FOIA. Everything else other then that is FOIAable. And I ask for your support. Thank you."

"Those in favor of the Bill should vote ‘yes’; those opposed shall vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Fritchey, Representative Jehan Gordon, Representative Joyce, Representative Ramey. Mr. Clerk, please take the record. On this question, there are 70 voting ‘yes’, 39 voting ‘no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jakobsson, House Bill 5157. Mr. Clerk, please read the Bill."

"Representative Jakobsson."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 57 has two parts to it. The underlying Bill, before it had the Amendment added, is really a 09600111.doc 113  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 cleanup to the statute. It repeals the 'temporarily absent student' notice provision in the Election Code. When we move from having to have various absentee ballot applications based on individuals ability to vote on the election date, they… this part for students was left out and this just adds now that students are no longer required to be part of the absentee voting, which should have been cleaned up in the first place. The Amendment to the Bill, which is the second part, is regarding election judges and in particular the high school students and community college students who are election judges and as… as we know, high school students who are judges can be 16 or 17 years old. They don't have to be voting ages, so that they're not voters. But they're allowed to work in any of the precincts that they… the county clerk assigns them to and they're very helpful to the county clerks. But this simply says that they would not be required to take the ballot boxes from the polling place to the counting center."

"Lady moves for the passage of House Bill 5157. On that question, the Chair recognizes Representative Black."

"She yields."

"Well, this doesn't address that at all and if you want to work on that…"

"…we can probably do that."

"Oh, I can't…"

"Right." 09600111.doc 115  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"I didn't hear that last statement."

"Representative Jakobsson to close."

"Thank you, Mr. Speaker. I urge an 'aye' vote."

"You heard the Lady's Motion. All in favor will vote ‘aye’; all opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Joyce. Mr. Clerk, take the record. On this question, there are 110 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Majority Leader." 09600111.doc 116  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Thank you, Speaker. Could the record please reflect that for this vote and for the rest of the remaining votes this afternoon Representative Jehan Gordon should be on the excused list."

"Thank you, Representative. Next Bill is House Bill 5178, Representative Winters. Mr. Clerk, please read the Bill."

"Mr. Winters."

"Gentleman moves for the passage of House Bill 5178. There being no discussion, those in favor shall 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 Berrios, Holbrook, Joyce. Mr. Clerk, please take the record. On this question, 102 voting ‘yes’, 8 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Moving to page 30 on the Calendar, under the Order 09600111.doc 117  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 of Resolutions, there appears House Joint Resolution 107. Representative Mendoza."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, House Joint Resolution 107 creates the Joint Task Force on Turkish and Illinois Relations. This task force is charged with strengthening and continuing the state's friendship, business and cultural ties with the Republic of Turkey. It would be composed or comprised of one cochair appointed by the Speaker of the House, one cochair appointed by the President of the Senate and it would be encouraged on that any and all Members of the General Assembly who wish to participate do so. And I would ask for your support."

"You heard the Lady's Motion. There being no discussion, those in favor shall 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 Saviano, Watson. Mr. Clerk, please take the record. On this question, there are 106 voting ‘yes’, 4 voting ‘no’, 1 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Moving to page 10 on the Calendar, we're going to call Second Reading Bills and move them to Third in anticipation of next week. And so, on page 10 of the Calendar, starting with House Bill 5495. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 5510, Representative Farnham? Mr. Clerk, please read the Bill."

"Representative Farnham."

"Thank you, Mr. Speaker. House Bill 5510 amends the Domestic Violence Act by requiring judges who issue emergency orders of protection to communicate or convey the order to the sheriff to facilitate the entry of the order into the Law Enforcement Agencies Data System by the Department of State Police. House Amendment #1 makes identical changes to the statute concerning criminal emergency orders of protection that makes the civil emergency… requires judges who issue either civil or criminal emergency orders of protection to communicate or convey the order to the sheriff to facilitate the entry of the order into the LEAD System. I'll take any questions."

"The Gentleman has moved for the adoption of Amendment #1. There being no debate, all those in favor shall say 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 5513, Representative Rita. Out of the record. House Bill 5516, Representative Mulligan. Out of the record. House Bill 5517, Representative Mulligan. Out of the record. House Bill 5523, Representative Yarbrough. Out of the record. House Bill 5527, Representative Saviano. Out of the record. House Bill 5538, Representative Mendoza. Out of the record. House Bill 5540, Representative Cavaletto. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 5664, Representative Burke. Please read the Bill Mr. Clerk."

"Third Reading. House Bill 5666, Representative Careen Gordon. Please read the Bill."

"Third Reading. House Bill 5668, Representative Dugan. Please read the Bill."

"Third Reading. House Bill 5669, Representative Cross. Please read the Bill."

"Third Reading. House Bill 5671, Mr. Schmitz. Out of the record. House Bill 5673, Representative Wait. Please read the Bill."

"Third Reading. House Bill 5675, Representative Wait. Please read the Bill."

"Third Reading. House Bill 5677. Let's pass that. House Bill 5685, Representative Leitch. Out of the record. House Bill 5696, Representative Bellock. Representative Bellock. Please read the Bill."

"Please hold that Bill on the Order of Second Reading. House Bill 5699, Representative Cultra. Out of the record. House Bill 5701, Representative Berrios. Out of the record. House Bill 5712, Representative Nekritz. Please read the Bill."

"Representative Nekritz."

"Thank you, Mr. Speaker. House… Floor Amendment 1 is truly a technical Amendment to correct a drafting error."

"You heard the Lady's motion. There being no discussion, those in favor of the Amendment shall vote 'yes'; those 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 5713, Representative Phelps. Out of the record. House Bill 5720, Representative Mathias. Please read the Bill."

"Mr. Mathias." 09600111.doc 122  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"You heard the Gentleman's Motion. There being no debate, those in favor shall say 'yes'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 5727, Representative Jakobsson. Read the Bill."

"Third Reading. House Bill 5728, Representative Sacia. Please read the Bill."

"Third Reading. House Bill 5732, Representative Dugan. Out of the record. House Bill 5735, Representative Graham. Out of the record. House Bill 5744, Representative Saviano. Out of the record. House Bill 5755, Representative Fortner. Please read the Bill."

"Third Reading. House Bill 5756, Representative Fortner. Out of the record. House Bill 5764, Representative Bradley. Please read the Bill."

"Third Reading. House Bill 5766, Representative Feigenholtz. Please read the Bill."

"Please hold that Bill on Second Reading. House Bill 5772, Representative Mendoza. Please read the Bill."

"The Chair recognizes Representative Mendoza."

"Sorry, Mr. Speaker. We're working on an Amendment for the Bill. If you could please keep it on Second."

"Keep it on Second Reading, Mr. Clerk. Thank you, Representative. House Bill 5783, Representative Burns. Please read the Bill."

"Third Reading. House Bill 5790, Representative Yarbrough. Out of the record. House Bill 5791, Representative Yarbrough. Out of… You want to read that one? Please read that Bill, Mr. Clerk."

"Third Reading. House Bill 5792, Representative Yarbrough. Out of the record. House Bill 5799, Representative Sullivan. Out of the record. House Bill 5802… Representative Senger is not here. House Bill 5824, Representative Bost. Representative Bost. Out of the record. House Bill 5790, we're going back a little, Mr. Clerk. Representative Yarbrough. Please read the Bill."

"Third Reading. House Bill 5832, Representative Zalewski. Please read the Bill."

"Third Reading. House Bill 5838, Representative Burke. Representative Burke. Please read the Bill." 09600111.doc 125  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Third Reading. House Bill 5842, Representative Burke. Please read the Bill."

"Third Reading. House Bill 5846, Representative Jackson. Please read the Bill."

"Third Reading. House Bill 5849, Representative Osterman. Please read the Bill."

"Third Reading. House Bill 5853, Representative Collins. Please read the Bill."

"Third Reading. House Bill 5854, Representative Colvin. Please read the Bill." 09600111.doc 126  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Third Reading. House Bill 5858, Representative Phelps. Out of the record. House Bill 5868, Representative Saviano. Out of the record. House Bill 5871, Representative Fortner. Read the Bill, please."

"Third Reading. House Bill 5873, Representative Flider. Please read the Bill."

"Third Reading. House Bill 5879, Representative Flider. Mr. Flider. Out of the record. House Bill 5890, Representative Pihos. Please read the Bill."

"Third Reading. House Bill 5895, Representative Black. Mr. Black. Do you care to move your Bill to Third, Sir?" 09600111.doc 127  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Mr. Clerk, please read the Bill."

"Third Reading. House Bill 5901, Representative Dugan. Representative Dugan. Please read the Bill."

"Third Reading. House Bill 5907, Representative Walker. Please read the Bill."

"Third Reading. House Bill 5912, Representative Phelps. Out of the record. House Bill 5913, Representative Collins. Please read the Bill."

"Third Reading. House Bill 5914, Representative Collins. Out of the record. House Bill 5916, Representative Collins. Please read the Bill." 09600111.doc 128  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Third Reading. House Bill 5917, Representative Phelps. Out of the record. House Bill 5918, Representative Golar. Representative Golar. Please read the Bill."

"Third Reading. House Bill 5923, Representative Sullivan. Please read the Bill."

"Third Reading. House Bill 5930, Representative McAsey. Please read the Bill."

"Third Reading. House Bill 5931, Representative McAsey. Please read the Bill."

"Third Reading. House Bill 5933, Representative Rita. Read the Bill."

"Third Reading. House Bill 5951, Representative Burns. Read the Bill."

"Third Reading. House Bill 5956, Representative Dugan. Please read the Bill."

"Third Reading. House Bill 5960, Representative McCarthy. Out of the record. House Bill 5966, Representative Rose. Please read the Bill."

"Third Reading. House Bill 5969, Representative Rose. Please read the Bill."

"Mr. Rose."

"You heard the Gentleman's Motion. Those in favor vote 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 5970, Representative Hatcher. Please read the Bill."

"Third Reading. House Bill 5976, Representative Hamos. Out of the record. House Bill 5996, Representative McAuliffe. Out of the record. House Bill 6000, Representative Lyons. Out of the record. House Bill 6003, Representative Sente. Please read the Bill."

"Third Reading. House Bill 6006, Representative Rita. Please read the Bill."

"Third Reading. House Bill 6014, Representative Graham. Please read the Bill."

"Third Reading. House Bill 6015, Representative Mautino. Mr. Mautino. Please read the Bill."

"Third Reading. House Bill 6017, Representative Colvin. Mr. Colvin. Please read the Bill."

"Third Reading. House Bill 6030, Representative May. Please read the Bill."

"Third Reading. House Bill 6034, Representative Pihos. Please read the Bill."

"Third Reading. House Bill 6035, Representative Bradley. Please read the Bill."

"Third Reading. House Bill 6045, Representative Winters. Please read the Bill."

"Third Reading. House Bill 6047, Representative Mathias. Please read the Bill."

"Third Reading. House Bill 6052, Representative Currie. Out of the record. House Bill 6053, Representative Currie. Out of the record. House Bill 6061, Representative Feigenholtz. Please read the Bill."

"Bill should be held on the Order of Second Reading. The Chair recognizes Representative Black."

"Please state your point."

"Oh, we'll just leave that up to you, Sir."

"Yes, Sir."

"Your presumption is correct, Sir."

"Your presumption, Sir."

"That's what I am here for."

"Well…"

"Well, I sure hope so. 'Cause I have one or two. So, yes, Sir."

"Thank you. We'll continue down the Calendar. On page 16, House Bill 6062, Representative Feigenholtz. Please read the Bill."

"Third Reading. House Bill 6063, Representative Feigenholtz. Please read the Bill." 09600111.doc 135  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Third Reading. House Bill 6065, Representative Cross. Out of the record. House Bill 6072, Mr. Fritchey. Out of the record. House Bill 6073, Representative Fritchey. Out of the record. House Bill 6077, Representative Nekritz. Please read the Bill."

"Third Reading. House Bill 6080, Representative Feigenholtz. Please read the Bill."

"Third Reading. House Bill 6082, Representative Feigenholtz. Please read the Bill."

"Third Reading. House Bill 6088, Representative Nekritz. Out of the record. House Bill 6092, Representative McCarthy. Out of the record. House Bill 6094, Representative McAsey. Out of the record. House Bill 6099, 09600111.doc 136  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010 Representative Phelps. Out of the record. House Bill 6103, Representative May. Please read the Bill."

"Third Reading. House Bill 6105, Representative Lyons. Out of the record. House Bill 6112, Representative Flider. Please read the Bill."

"The Bill should be held on the Order of Second Reading. House Bill 6120, Representative Nekritz. Out of the record. House Bill 6124, Representative Harris. Please read the Bill."

"Third Reading. House Bill 6125, Representative McGuire. Out of the record. House Bill 6129, Representative Burns. Out of the record. House Bill 6132, Representative Fortner. Please read the Bill."

"Third Reading. House Bill 6140, Representative Rose. Out of the record. House Bill 6148, Representative Biggins. Mr. Biggins. Please read the Bill."

"Third Reading. House Bill 6151, Representative Biggins. Please read the Bill."

"Third Reading. House Bill 6158, Representative Reis. Please read the Bill."

"Third Reading. House Bill 6177, Representative Golar. Out of the record. Representative Rose, for what reason do you rise?"

"Mr. Clerk, please read House Bill 6140."

"Third Reading. Mr. Jackson, for what reason do you rise."

"House Bill 5846 has an Amendment to it. Could I move it back to Second for the Amendment purposes?"

"House Bill 5826…"

"5846."

"Mov… shall be… I'm sorry. House Bill 5846 shall be moved back to Second Reading at the request of the Sponsor. House Bill 6178, Representative Brauer. Mr. Brauer. Please read the Bill."

"Third Reading. House Bill 6194, Representative Pihos. Please read the Bill."

"Third Reading. House Bill 6201, Representative May. Please read the Bill."

"Third Reading. House Bill 6205, Representative Currie. Out of the record. House Bill 6206, Representative McCarthy. Out of the record. House Bill 6208, Representative Nekritz. Out of the record. House Bill 6210, Representative Rose. Please read the Bill."

"Third Reading. House Bill 6230, Representative Rose. Out of the record. The Chair recognizes Representative Currie on House Bill 6205. Mr. Clerk, please read the Bill."

"Hold that Bill on the Order of Second Reading. House Bill 6231, Representative Nekritz. Please read the Bill."

"Third Reading. House Bill 6249, Representative Bradley. Please read the Bill."

"Third Reading. House Bill 6252, Representative DeLuca. Please read the Bill."

"Third Reading. House Bill 6257, Representative DeLuca. Please read the Bill."

"Third Reading. House Bill 6262, Representative Cole. Please read the Bill."

"Third Reading. House Bill 6263, Representative Mathias. Out of the record. House Bill 6267, Representative Hatcher. Please read the Bill."

"Third Reading. House Bill 6268, Representative Pritchard. Please read the Bill." 09600111.doc 141  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Third Reading. House Bill 6271, Representative Mathias. Please read the Bill."

"Third Reading. House Bill 6428, Representative Currie. Out of the record. All three of those out of… Mr. Clerk, we have some Bills we have to move back to Second. First, House Bill 6151, please place that Bill on the Order of Second Reading. House Bill 5838, please place that Bill on the Order of Second Reading. House Bill 5895, please place that Bill on the Order of Second Reading. House Bill 5918, please place that Bill on the Order of Second Reading. House Bill 5039, please place that Bill on the Order of Second Reading. The Chair recognizes Representative Yarbrough for an announcement or a Motion."

"Thank you, Mr. Chairman. I would like to… I move to waive the posting requirements for Appropriations-Public Safety hearing that's scheduled for March 15 at 10 a.m. Inadvertently this was not posted."

"Is there leave? There being no objection, leave is granted. Mr. Clerk, Agreed Resolutions. Mr. Clerk, committee announcements." 09600111.doc 142  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"The Chair recognizes Representative Rose."

"Thos… those are recessed committees, Sir, with the previously posted Bills available for hearing."

"Yes, they will, Sir."

"The Chair recognizes Representative Colvin." 09600111.doc 143  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 111th Legislative Day 3/11/2010

"Thank you, Mr. Speaker. Can the Clerk… Did the Clerk indicate what room Consumer Protection was going to meet in?"

"We'll provide that for you momentarily, Sir."

"Thank you."

"While we await that answer the Chair recognizes Representative Feigenholtz."

"Thank you, Mr. Speaker. Could you please give me the status of House Bill 6059?"

"House Bill 6059, Representative? Mr. Clerk, can we give Representative Feigenholtz the status of that Bill?"

"The Bill will be out of the record for now, Representative. Mr. Clerk, for a room assignment announcement."

Speaker Lang: "And now, allowing perfunctory time for the Clerk, Representative Currie moves that the House stand adjourned until Friday, March 12 at 9:30 a.m. Those in favor say 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the House stands adjourned."