Illinois House Floor Debate — March 23, 2010

"The hour of 12:00 having arrived, we shall be led in prayer today by Reverend James Bledsoe who is with Logan Street Baptist Church in Mt. Vernon, Illinois. Reverend Bledsoe is the guest of Representative Cavaletto. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and rise for the invocation and the Pledge of Allegiance. Reverend Bledsoe."

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

"Roll Call for Attendance. Representative Lang."

"Thank you, Mr. Speaker. Let the record reflect that Representative Graham and Mendoza are excused today."

"Representative Bost."

Speaker Mautino: "Mr. Clerk, take the record. 113 voting 'present', a quorum is present and the House is prepared to do its business. Representative Davis." Davis, W.: "Thank you very much, Mr. Speaker, a point of personal privilege."

"State your point, Sir." Davis, W.: "Ladies and Gentlemen of the House, I am very, very proud to introduce and to present to you the students from the International Culinary Arts Program at Thornton High School. We have Chef Shane Elliot Parker, Assistant teacher Mindy Tracy, students Jamoni Jackson, Shannon Moore, Brandon Harris, Taylor Hart, and Andriana Banks who 09600118.doc 3  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 are here for Career and Technical Education Day. Please give them a round of applause. Thank you."

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

"Thank you, Mr. Speaker. I rise on a point of personal privilege."

"State your point, Sir."

"Speaker, yesterday on House Bill 4866 my button was inadvertently pressed 'yes'. Let the record reflect I strongly oppose this legislation and wish to be recorded as a 'no'."

"The record will reflect your intentions. Mr. Clerk."

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

"Thank you, Mr. Speaker. I'm feeling a bit under the weather today, but I stand corrected once again. The House Bill is 4886, Mr. Speaker."

"The record will reflect your intentions.

"Thank you."

"Mr. Clerk, Hou… Members of the House of Representatives, it is the intent of the Chair to go to Bills where Amendments have been approved by committee to come to the floor, and we're going to put those Amendments 09600118.doc 5  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 on and move those Bills up to Third Reading. So would Members, if I call your Bills, be ready to briefly explain your Amendments that have been approved and we'll put those on. The first Bill is House Bill 5394, Representative Connie Howard. Mr. Clerk, read the Bill."

"The Lady from Cook on Floor Amendment #2."

"Yes, thank you very much, Mr. Speaker. House Amendment #2 limits the… just a second please… limits the eligibility of sealing only to those records that have been dismissed or discharged."

The Lady's moved adoption of Floor Amendment #2. No one seeking recognition, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Third Reading. Representative Howard, you have House Bill 5401 on Second Reading. Read the Bill."

Speaker Mautino: "Representative Connie Howard on Floor Amendment #1 to House Bill 5401. Out of the record. Representative Reboletti, you have House Bill 5640. Out of 09600118.doc 6  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 the record. Representative McAsey, House Bill 5932. Read the Bill."

"Representative McAsey on Floor Amendment 1 to House Bill 5932."

"Thank you. I would move for the adoption of the Floor Amendment which… What this is, is an Amendment to the rights of crime victims and witnesses, providing that in certain circumstances children… a guardian ad litem may be appointed for children in certain circumstances if there's a parent or guardian or third party who's being prosecuted for a violent crime, if the child is an alleged victim or a witness to a crime, or if there is a conflict of interest between a child and his or her parent. And I would move adoption."

"The Lady moves adoption of Floor Amendment #1. Seeing no discussion on that all in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Third Reading. Leave that Bill on Second Reading, we… Mr. Clerk, any further Amendments?"

"Representative McAsey on Floor Amendment #2."

"Floor Amendment #2 clarifies that in… if a child has a conflict it's not just with one parent, but a conflict with 09600118.doc 7  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 either parent. It's just changing parent to parents… or the opposite…"

Speaker Mautino: "The Lady's moved the adoption of Floor Amendment #2 to House Bill 5932. No one seeking recognition, all in favor say 'yes; opposed say 'no'. The Amendment is adopted. Mr. Clerk, further Amendments?"

"Third Reading. Mr. Flider, House Bill 5947 appears on Third Reading. Mr. Clerk, would you bring that Bill back to Second Reading. Are there any Amendments pending?"

"Representative Flider on Floor Amendment #2."

"Yes, thank you Mr. Speaker and Ladies and Gentlemen of the House. This legislation actually was up on Third Reading and we had a discussion. I pulled it out of the record and effect… essentially the purpose of the Bill was to create a restraining order, people who would be incarcerated from contacting victim's families while they were in prison. And we found a better way to draft it at the suggestion of Representatives Careen Gordon and Representative Reboletti. So we drafted this, presented it to the committee and came back with an approach that essentially goes through the Prison Review Board at a 09600118.doc 8  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 parole hearing or the court at the time of sentencing to obtain that restraining order. I'd ask for an 'aye' vote."

"The Gentleman has moved the adoption of Floor Amendment #2. Seeing no discussion, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. Amendment #2 is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. The Gentleman from DuPage, Representative Ramey, is seeking recognition."

"State your point, Sir."

Speaker Mautino: "Welcome to Springfield. Representative Howard, House Bill 6460. Read the Bill."

"The Lady from Cook on Floor Amendment #1 to House Bill 6460."

"Thank you, Mr. Speaker. House Amendment #1 makes… changes the waiting period to have an expungement of retail 09600118.doc 9  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 theft from five years to two years and brings parity to retail theft."

Speaker Mautino: "The Lady has moved adoption of Floor Amendment #1. No one seeking recognition, all in favor say 'yes'; opposed 'no'. The 'yeses' have it and the Amendment is adopted. Further Amendments, Mr. Clerk?"

"Third Reading. Mr. Burns, House Bill 6462 appears on the Calendar. Mr. Clerk, read the Bill."

"Representative Burns on Floor Amendment 1 to House Bill 6462."

"Thank you very much, Mr. Speaker, Members of the House. Floor Amendment #1 will become the Bill. This is Cook County State's Attorney Anita Alvarez's major package on ending child sex abuse and child prostitution in Cook County. I move to adopt the Amendment."

"…has moved adoption of Floor Amendment #1. Seeing no discussion, all in favor say 'yes'; opposed 'no'. The 'yeses' have it and the Amendment is adopted. Further Amendments, Mr. Clerk?"

"Third Reading. Representative D'Amico, House Bill 6463. Read the Bill." 09600118.doc 10  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

Speaker Mautino: "Representative D'Amico on Floor Amendment #1."

"Yes, I just wish that Amendment 1 be adopted. This Bill has to do with speeding on the highways excessively, doing 40 miles an hour over the posted speed limit."

"Gentleman moves adoption of Floor Amendment #1. Seeing no discussion, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, further Amendments?"

"Third Reading. Representative Verschoore, House Bill 6464. Read the Bill."

"Representative Verschoore on Floor Amendment #1."

"Thank you, Mr. Speaker. This Amendment passed out of committee on a leave 7-0-0."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #1 to House Bill 6464. All in favor say 'yes'; 09600118.doc 11  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, further Amendments?"

Speaker Mautino: "Third Reading. Representative Reis, on Second Reading is House Bill 4837. Read the Bill."

"Representative Reis on Floor Amendment #1."

"The Gentleman has moved pas… moved adoption of Floor Amendment #1. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, further Amendments?"

"Leave that Bill on Second Reading. On Second Reading is House Bill 6195, Representative Jefferson. Out of the record. Representative Smith, House Bill 5787? Out of the record. The Gentleman from Vermilion, Representative Black, is seeking recognition."

"State your inquiry, Sir." 09600118.doc 12  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Mr. Black, I would be delighted to pass that inquiry on for you."

"Representative Reis, on the Calendar you have House Bill 5301. Read the Bill."

"Representative Reis." 09600118.doc 13  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

Speaker Mautino: "Gentleman has moved adoption of Floor Amendment #2. No one seeking recognition, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment's adopted. Mr. Clerk, further Amendments?"

Speaker Mautino: "Leave this Bill on Second Reading. Representative Osmond, House Bill 5571? Read the Bill."

"The Gentleman from Champaign, Representative Rose."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #1. And on that question, the Gentleman from Cook, Representative Fritchey."

"Thank you, Speaker. Will the Sponsor yield?" 09600118.doc 14  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Indicates that he will."

"I think he's hiding, Speaker. There he is. He's back again. No, now he's gone again, Speaker."

"Are you staying with me this time?"

"Well, now here be… before you do, let me say this. Over the years I have thought and have been somewhat dismayed even at the volume of mail that I get, not just from third party entities around the state, but from within the state itself. And I had always deliberated and never followed through on filing some type of legislation which would allow Legislators to maybe state at the beginning of a term, yes, I want to get these materials, no, I don't. Yes, maybe you can send me these electronically because the volume of paper that we go through and the amount of things that actually get tossed out in my office on a daily basis is incredible. And if you multiply that by 177 you can see how it adds up, not just in terms of cost but in waste as well. My concern though, and I guess the reason I prefaced it the way I did is, I'm with you. I get what you're trying to do. I don't know though that we can do it by deeming something to be 'nonessential', quote unquote, and even trying to define it as not being necessary to the health, safety and welfare because the reality is that we can look through all this literature and really make an argument that most all of it is somehow essential to the health, safety and welfare of somebody in our state. So…"

"Please."

"Well…"

"But, yeah, but they've got the discretion now. If we want to ban calendars that's one thing, but I mean they have the discretion now. You know, I'm wary of us legislating to tell somebody, guys do you really need to be sending this out? Do you really not? Because it's not just a matter of calendars, it may be certain bulletins, it may be items that really have maybe no bearing in my district, but those are mailings that may be relevant to constituents in your district…"

"…and vise versa." 09600118.doc 16  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Well, Representative, I've got two vouchers. I think you and I discussed this. I got two vouchers from the Comptroller's office for me to sign off on last week for two cents each. I got another one for fourteen cents. Those three vouchers totaling eighteen cents are going to cost a significant multiple of that to process and then I'm actually going to be issued checks for two cents and two cents and fourteen cents because of statutory requirements of…"

"Well, and I understand that, but I guess I'm getting to the bigger point is there's a lot of things that we should be doing here, I just don't know that statutorily telling somebody to use common sense… Speaker, it was worth a try. I appreciate it. I get the point. I just think trying to put somebody on the line and I'm worried that for political reasons that a director will be held up to say, well, why did you deem this to be essential, but this not essential. We're on the same page. I wish people were paying attention to what page that is, but thank you for hearing me out."

Speaker Mautino: "Further discussion? The Gentleman from Jackson, Representative Bost. And I would ask that the Members of the House please bring down the noise level so you may hear the debates."

"The Gentleman has moved adoption of Floor Amendment #1. All in favor say… Representative May is seeking recognition."

"Yes. Will the Sponsor yield? So this is for calendars and other nonessential printing, correct?"

"You know, I agree with this. I really support this because I've been talking to departments one on one. We've got to deal with some of the little expenditures. In February I got a calendar that cost $2.41 to mail to me."

"And I've been standing up on this also.

"So, I think that this is an excellent Amendment."

"The Gentleman has moved adoption of Floor Amendment #1. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Further Amendments?"

Speaker Mautino: "Third Reading. Representative Reboletti, House Bill 5640. Read the Bill."

"The Gentleman from DuPage."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #1. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Representative… Excuse me. Any further Amendments?"

Speaker Mautino: "Third Reading. Representative Flider is seeking recognition."

"Yes, Mr. Speaker and Ladies and Gentlemen of the House, a point of personal privilege."

"State your point."

"Yes, I'd like to let you know about a group of people that we have here from Decatur, the Advanced Placement in Government Class from Eisenhower High School along with their instructor Mike Rusk. Please give them a welcome. They're in the Republican side there in the gallery. There they are. Please welcome them to Springfield."

Speaker Mautino: "Welcome to Springfield. Representative Yarbrough on Second Reading is House Bill 6317. Mr. Clerk, read the Bill." 09600118.doc 20  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Representative Yarbrough on Floor Amendment #2."

"Thank you, Mr. Speaker. House Amendment 2 to House Bill 6317 was adopted in committee. There was no opposition to the Bill. I move for its adoption."

"Lady moves adoption of Floor Amendment #2. No one seeking recognition, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, further Amendments?"

Speaker Mautino: "Third Reading. Mr. Jefferson, on the Calendar appears House Bill 6195. Out of the record. Representative Golar, House Bill 3631. Representative Golar? Read the Bill."

"The Lady from Cook on Floor Amendment 2."

"Thank you, Mr. Chairman (sic-Speaker). Floor Amendment #2, be adopted."

"The Lady moves adoption of Floor Amendment #2. No one seeking recognition, all in favor say 'yes'; 09600118.doc 21  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 opposed 'no'. The 'yeses' have it. The Amendment's adopted. Mr. Clerk, any further Amendments?"

Speaker Mautino: "Leave that Bill on Second Reading. Representative Jefferson. Representative Jefferson, on the Calendar is House Bill 6195. Read the Bill."

"Representative Jefferson, read… Excuse me. Place that Bill on Third Reading. Representative Jefferson, House Bill 5424 appears on Second Reading. Read the Bill."

Speaker Mautino: "Take this Bill out of the record. Representative Beiser, you have House Bill 6349. Read the Bill."

"The Gentleman from Madison."

"Thank you, Mr. Speaker. Floor Amendment #1 was adopted in committee unanimously. I'd ask it be adopted." 09600118.doc 22  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"The Gentleman has moved adoption of Floor Amendment #1. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Further Amendments?"

"Third Reading. Representative May, House Bill 6030. Return that Bill to Second Reading. Read the Bill."

"Representative May."

"Yes, thank you. Floor Amendment 2 actually makes it a grant fund, instead of a revolving loan fund at the request of DCEO."

"The Lady moves adoption of Floor Amendment 2. All in favor say 'yes'; opposed 'no'. The 'yeses' have it and the Amendment is adopted. Mr. Clerk, further Amendments?"

"Third Reading. Representative Moffitt, House Bill 5183. Representative Moffitt on Floor Amendment #1."

"The Gentleman moves adoption of House… Floor Amendment #1 to House Bill 5183. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Any further Amendments, Mr. Clerk."

"Read the Bill and place it on Third Reading. Third Reading. Representative Burns, House Bill 5783. Place that Bill on Second Reading. Representative Burns, Floor Amendment 2."

"Thank you very much, Mr. Speaker. I move to adopt Floor Amendment #2 to House Bill 5783. The Amendment is a technical change to the Bill requested by the Department of Financial and Professional Regulations. It does not relate to the hair braiding Section of the Bill, but to the mobility of licenses between states." 09600118.doc 24  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

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

"Third Reading. Representative Phelps, House Bill 5917. Read the Bill. Representative Phelps on Floor Amendment #1."

"Thank you, Mr. Speaker. This is just a technical change. I ask for its adoption."

"The Gentleman moves… Mr. Clerk, would you read the Bill."

"The Gentleman has moved the adoption of Floor Amendment #1. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Representative Winters, House Bill 5603. Out of the record. Representative Mulligan, House Bill 4924. Read the Bill."

"The Lady from Cook, Representative Mulligan."

"The Lady moves adoption of Floor Amendment #1. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, further Amendments?"

"Representative Mulligan on Floor Amendment #2."

"The Lady moves adoption of Floor Amendment #2. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Any further Amendments?"

"Leave this Bill on Second Reading at the request of the Sponsor. Representative McAsey, you have House Bill 4037. Read the Bill."

Speaker Mautino: "Representative McAsey, on Floor Amendment #1."

"I would like to adopt Floor Amendment #4. So I would table… I would withdraw… I would withdraw Amendment…"

"Representative McAsey, Amendment #4 is a gut and replace Amendment, so you may go directly to Amendment 4…"

"Four, okay."

"…and adopt that. So, Representative McAsey on Amendment #4."

"Thank you. Amendment #4, the gut and replace Amendment that I would ask be adopted, is an Amendment regarding early voting to make sure that voters have more access to early voting. In…"

"Representative McAsey, can you hold for just one moment? Representative McAsey, just for proper procedure, you should request to withdraw Amendments 1, 2, and 3 and request Amendment 4 be placed on the board."

"I would request to withdraw Amendments 1, 2, and 3 and move to adopt House… the Amendment #4."

"Representative McAsey on Floor Amendment #4."

"Thank you. And Amendment #4 is a gut and replace. It has provisions related to early voting, requiring at least one central location for early voting and also speaks to election authorities that designate permanent voting, permanent early voting locations with regard to provision 09600118.doc 27  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 of hours during the early voting period and additional hours on the final weekend of early voting."

Speaker Mautino: "The Lady has moved adoption of Floor Amendment #4. And on that question, Representative Mitchell. No one seeking further recognition, the question is, 'Shall this Amendment be adopted?' All in favor say 'yes'; opposed 'no'. The 'yeses' have it and the Amendment is adopted. Representative Saviano, on the Calendar is House Bill 5745. Excuse me. House Bill 4037, move that Bill to Third Reading. Representative Saviano, House Bill 5745. Read the Bill."

"Representative Saviano."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #1, on that, Representative Mitchell." Mitchell, B.: "Thank you, Mr. Speaker. Mr. Speaker, I rise on a point of order. Under House Rule 18(g), I move the 09600118.doc 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 discharge of House Resolution 991 from the House Rules Committee."

"Mr. Mitchell, you were not recognized for the purpose of a Motion. We're currently debating a Bill. Do you have a question on the Amendment?" Mitchell, B.: "Well, you'll call on me after this?"

"Once we finish this order of business…" Mitchell, B.: "Okay, thank you."

Speaker Mautino: "…I will come back to your Motion. Representative Saviano has moved adoption of Floor Amendment #1. All in favor say 'yes'; opposed 'no'. 'Yeses' have it and the Amendment is adopted. Further Amendments?"

"Third Reading. Representative Collins, House Bill 5914. Read the Bill."

"Representative Collins on Floor Amendment 2."

"Yeah, I move for the adoption of Amendment #2."

Speaker Mautino: "The Lady moves the adoption of Floor Amendment #2 and on that question, Representative Arroyo."

"Point of personal privilege here, Mr. Speaker."

"We'll return to that order shortly. We're in the middle of a Bill. No one seeking further recognition, all in favor say 'yes'; opposed 'no'. The 'yeses' have it 09600118.doc 29  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 and the Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Representative Colvin, House Bill 4781. Out of the record. Representative Howard, House Bill 5401. Read the Bill."

"Representative Howard on Floor Amendment #1."

"Yes, that Amendment just provides a definition of overdose."

"The Lady moves adoption of Floor Amendment #1. No one seeking recognition, all in favor say 'yes'; opposed 'no'. Amendment 1 is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. The Gentleman from Cook, Representative Arroyo."

"Thank you, Mr. Speaker. Point of personal privilege. Yesterday I hit the button by mistake on House Bill 4886. I would like to be recorded as a 'no', please."

"The Gentleman… your wishes… the record will so reflect. Representative Mitchell, the Gentleman from Macon." Mitchell, B.: "Thank you, Mr. Speaker. Mr. Speaker, I rise on a point of order. Under House Rule 18(g), I move for the 09600118.doc 30  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 discharge of House Resolution 991 from the Rules Committee. Under House Rule 54(a)(2), all Motions are assigned Standard Debate status and I wish to debate my Motion. Upon the conclusion of the debate I ask for a recorded vote on the Motion to Discharge. Under Rule 41(9) in Article 4, Section 8(c) of the Illinois Constitution, any vote shall by… any vote shall be by recorded vote whenever five Members shall so request. There are at least five Members on my side of the aisle that wish for a recorded vote on the Motion to Discharge the measure from the House Rules Committee."

"The Gentleman has moved discharge committee House Resolution 991. This Motion requires unanimous consent. The Gentleman from Cook, Representative Lang."

"I object, Mr. Speaker."

"There's been an objection to the Motion to Discharge; and therefore, since it requires unanimous consent the Motion fails. Representative Mitchell." Mitchell, B.: "Mr. Speaker, I rise on a point of order. We specifically requested a Roll Call vote on my Motion, pursuant to the rights granted by the House Rules Committee and the Illinois Constitution. This breach of rules should be corrected immediately with a Roll Call vote on my Motion. We simply… the House Resolution simply calls for a nonpartisan early release investigation committee. I think last summer I was in Decatur, at the Decatur prison, and then I went to the Lincoln prison when the Governor announced his early release program. At that time I warned, way back last summer, that we could possibly have a 09600118.doc 31  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 dangerous situation here in Illinois with the release of violent folks out preying upon innocent law-abiding citizens. Unfortunately, that's what happened. At least a 187 of the meritorious conduct push parolees were taken back to the Illinois Department custody, about half of them for violent offenses. The Associated Press analysis show that the parolees still free include more than 80 prisoners included… convicted of violent crimes, including one who went to prison for murder conspiracy, 70 who committed weapons violations and four convicted of sex crimes. One particularly horrifying case involved a homeless man who attacked a woman and her boyfriend on the streets of Chicago. Jennifer Hall was brutally attacked by Derek King who beat, stomped, and kicked Hall in the head, face and knocked her… all her teeth out, putting her into a drug- induced coma with 85 staples in her head. In October, King was sentenced to three years in prison. Just 18 days later, King was paroled as a part of the Governor's early release program. This is Miss Hall. This was a person and the gentleman, and I call him gentleman loosely, 18 days later he was out on the streets of Illinois committing crimes. We simply… we simply… this Resolution just simply wants to investigate. What, I think, the people of Illinois want is accountability: accountability by Members of the General Assembly, accountability on people on second floor, including the Governor, the Director of Corrections. This is something that we should insist on. We want competence. That's something in short supply here under this dome and unfortunately, in the Governor's office. We 09600118.doc 32  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 need this Resolution reported out so we can debate it on the floor by the elected Representatives of the people of Illinois. Mr. Speaker, under House 57(a), I move to appeal the ruling of the Chair, and therefore… that there be no recorded votes to discharge House Resolution 991 from the House Rules Committee."

"The Gentleman has made a Motion to Overrule the Chair, and the question is, 'Shall the Chair be sustained?' Under the House Rules there are two minutes allowed for discussion of that Motion, two minutes for response, and then one minute to close. And on… in… on response the Gentleman from Cook, Representative Fritchey."

"Thank you, Speaker. And while I'm respectful of the Sponsor as well as his intention, I would be remiss if I didn't ask the Body to be mindful that from a procedural matter, what we are supposed to be debating here and what is debatable pursuant to the House Rules, is the Motion itself. We have heard talk from the other side from the other side of the aisle about the many pressing needs facing this state. The Rules are very clear about when a Motion to Discharge can be made, and then an objection renders that Motion as a failed Motion. The Motion has been sustain the Chair or overrule the Chair, is a procedural Motion and should not be one that that should have made into the substance of the underlying issue taking us away from substantive work to be done before the House. That is not to take away at all from the import of the Gentleman's Resolution, which I acknowledge. However, I would hope that this is not going to be precursor to us 09600118.doc 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 spending extensive time today with moot arguments over procedural matters that are very clearly set forth in the Rules. The Rules are not ambiguous. At any given time certain Members may not like those Rules, but it is also not to be used as a backdoor attempt to debate Motions that have not properly come before this Body. Thank you, Speaker."

"Representative Mitchell, you will receive a minute to close, Sir." Mitchell, B.: "Mr. Speaker, I yield my time to Representative Reis."

"Representative Reis to close."

"I'll allow the Gentleman to close."

"And the question is, 'Shall the Chair be sustained?' 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. And the Chair is… on a vote of 69 voting 'yes'; 45 voting 'no'; 0 voting 'present', the Chair is sustained. It is the intent of the Chair to go to House Bills on Third Reading and on page 18 of the Calendar is House Bill 5053, Representative Bradley. Read the Bill."

"Representative Bradley."

"One of the most medically underserved areas in the State of Illinois is psychiatry, particularly child psychiatry. And unfortunately, it's not included on a list of approved health care occupations for people that go to rural or impoverished areas and so this would just add psychiatry to that list of practice areas under that program. I ask for an 'aye' vote."

"The Gentleman has moved passage of House Bill 5053. The Gentleman from Vermilion, Representative Black. Representative Black."

"He indicates that he will."

"I mean, whether we put subject to appropriation into these or not, at the end of the day they're subject to appropriation so…"

"Yeah, I don't… We had a situation a few years ago in my area and other areas in Southern Illinois where we had a… we have no child psychiatrists, virtually, down in that area, and we had a child psychiatrist from our area who wanted to come home and practice. And because of a 09600118.doc 36  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 technicality they were unable to come back because they weren't included in this statute. We can't do anything about that situation, but the idea was to do something going forward. I don't know if it actually has a cost because we don't know that we'll actually be able to recruit anybody, but if at some point in the future we do, then they would be eligible for this program. So I don't even know that it costs that amount."

"The Gentleman has moved passage of House Bill 5053 and the question is, 'Shall this Bill pass?' All in favor for 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bellock, Mulligan, do you wish to be recorded? Mr. Clerk, take the record. 114 voting 'yes', 0 voting 'no', 1 voting 'present'. House Bill 5053 is declared passed. Representative Acevedo."

"Thank you, Mr. Speaker. I rise on a point of personal privilege."

"State your point, Sir." 09600118.doc 37  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Mr. Speaker, this day is not going well for me at all. On the last Motion to Reconsider the Vote my button was inadvertently pressed 'no'. I wish to be recorded as a 'yes'."

Speaker Mautino: "The record will reflect. Representative Black, on the Calendar on Third Reading is House Bill 6213. Would you like to run this Bill? Read the Bill."

"The Gentleman from Vermilion, Representative Black."

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

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

"He indicates that he will."

"Representative, I'll try to keep this brief because I believe that most everybody will likely vote for this anyway, but I want to make sure that they understand what they're voting on. Let's use an analytic situation where we've had crimes that were actually committed amongst two minors. So lets say that we have a 17 year old defendant and a 15 year old victim, lets say it was a fight. I guess my con… how is child abuse defined under this Act? You know, is it simply go… You know, we think of child abuse as somebody you know in the care of a young child that, you know, either, you know, beats a baby or whatever heinous crime they may commit. But if we're talking about abuse of somebody that is under 18, could we wind up in a situation here where there's an additional charge brought because, lets say it was even a gang related incident, and you have a 17-year-old perpetrator and a 16-year-old victim. Would that be something that's… you would intend on being subject to this legislation?"

"And I would be happy to defer to any of them. As I said, I fully get what you're trying to do. You know, you and I tend to actually read these things and you know I want to make sure that we know what we're doing here. You know, is it a child abuse situation, one, in which it's a child that's in the care of the defendant? So it would be, you know, a parent, a guardian, a babysitter, that type of thing? I think, you know, we've got to look at the line that we're drawing between having a heightened penalty where the victim happens to be a minor or child abuse, which I think as a lay person or a Legislator, we consider to be a different type of crime than a crime where the victim is simply a minor. Does that make sense, Bill?"

"Bill, let me ask you this."

"I'm doing this reluctantly, especially with you. Would you mind pulling it out just so I can come talk to you for a second? I don't think there's an issue."

"I'm almost sure there's not."

Speaker Mautino: "Take the Bill out of the record at the request of the Sponsor. On page 27 of the Calendar appears 09600118.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 House Joint Resolution Constitutional Amendment 57. Mr. Clerk, read the Bill."

Speaker Mautino: "On House Joint Resolution Constitutional Amendment #57, Speaker Madigan."

"Mr. Speaker and Ladies and Gentlemen of the House, this Amendment to the Constitution is concerned with the judicial article. Today, to be eligible to serve as a judge or an associate judge under the current Constitution a person must be: number one, a United States citizen; number two, a licensed attorney-at-law; and number three, a resident of the unit which selects that particular person for the judicial position. This proposed Amendment would add a fourth eligibility requirement. Under the proposal, a person seeking election or appointment to the Office of Judge must have been a licensed attorney-at-law for a minimum of 10 years to serve in the Circuit Court, 12 years to serve in the Appellate Court, and 15 years to serve in the Supreme Court. The additional qualification would ensure that all sitting judges have at a minimum 10 years service as a licensed attorney. The Amendment is supported by the Illinois State Bar Association, Chicago Bar Association, Lesbian and Gay Bar Association, the Women's Bar Association, and the Cook County Bar Association. Mr. Speaker, I request a favorable vote."

"The Gentleman has moved passage of House Joint Resolution Constitutional Amendment 57. And on that 09600118.doc 41  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 question, the Gentleman from Vermilion, Representative Black."

"He indicates that he will."

"There could be interruptions."

"There could… there could be interruptions."

"The answer is yes. Let me hasten to add my own personal opinion that I don't consider comingling of funds a minor matter."

"Mr. Black, two points. Number one, historically I've been opposed to appointment of judges. I've supported election of judges. Let me just add my personal opinion that when Cook County went to the sub-circuit system, I think that was about the end of the modern day effort for appointment of judges."

"Number one, Mr. Black, the fair map Amendment is a citizen's initiative."

"Correct. So there's a citizen's initiative underway which will proceed without regard to the constitutional restriction on the number of articles…"

"…that can be amended. In terms of this Amendment to the Judicial Article I felt for quite awhile, for several years, that there ought to be minimum standards in the Constitution in terms of the number of years that someone has been practicing law, the number of years that someone is licensed to practice law in the state. I don't think that it is an owner's requirement. I think it would help the qual… the overall quality of the judiciary. I think it would help the general citizenry have a better level of confidence in the judiciary if they knew that the people they would be appearing before and who would hold their fate in their hands had at least 10 years or more as a licensed attorney in the state."

"The answer…" 09600118.doc 45  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"The answer is yes."

"Yes, you may, Sir."

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

"Indicates that he will."

Speaker Madigan: "Well, Mr. Durkin, I would just pose a question to you. Would the court have the ability to do something by rule which is constitutional? We're talking about constitutional requirements and as a general rule, you know, that if it's not in the Constitution then it's not there. And so wouldn't there be a legitimate question about the court by rule attempting to do something which should be done constitutionally?"

"Again, Mr. Durkin, your quotations, your cite of requirements put upon lawyers in capital cases relates to the authority of the court to regulate lawyers. I don't think there's any dispute that the court has the ability to regulate lawyers without regard to the Legislature or the Executive Department. Again, this is constitutional."

Speaker Mautino: "The Gentleman from Cook, Representative Fritchey." 09600118.doc 49  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Thank you, Speaker, to the Constitutional Amendment. Ladies and Gentlemen, in deference to the prior comments as well, I would say a couple of things. Well, of course we're going to look beyond simply the amount of time that they have spent as a licensed attorney and we have a number of bar associations who do a very good job in vetting the qualifications and experience of those people seeking to go on the bench. What we're seeking to do here is simply raise the bottom threshold of experience. I've seen just generally in my tenure we had one individual that was out of law school for two years that got elected to the bench. The unfortunate reality is, oftentimes name and gender and ethnicity have more to do with experience in somebody getting elected to the bench. I think that this is a very reasonable and carefully crafted effort to make sure that we have a safeguard of experience and time with a law license to even qualify yourself to enter into that process, and when you think about what's at stake when one of our con… when one of our constituents goes before a judge, whether it's the survival of their business, whether they're a crime victim, whether we're talking about a capital case, we have an obligation to them to make sure that we're doing what we can to put qualified men and women on the bench and this is a significant step in that direction. With respect to the procedural questions raised and ulterior motives raised, I would submit that, you know, Springfield is a town that even on the cloudiest of days people will see shadows lurking around the corner. There are oftentimes questions why one Bill got called and 09600118.doc 50  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 another one didn't, why one Amendment may move and another one may not. But to try to derail a laudable and sensible and needed measure on procedural speculation of what's… that there's something else afoot, is really getting to the point where we're cutting off our legislative noses despite our face. We cannot worry about what might have been or what could have been or should have been and or may be; we have a very reasonable and overdue Constitutional Amendment. Should it have been here in the past, probably, but it's here now and we have the opportunity to support that and I strongly urge we to do so. Thank you."

Speaker Mautino: "The Chair would also like to take this opportunity to acknowledge and welcome the Honorable Attorney General for the great state of Illinois to the chamber, Lisa Madigan. Further discussion? The Gentleman from Cook, Representative Lang."

"Thank you, Mr. Speaker. I rise in support of this Constitutional Amendment. We should never take the filing or the passage of a Constitutional Amendment lightly, but this is an important issue. First, to the Gentleman on the other side of the aisle that suggested that someone might hold their votes off of this because there's some other issue they would like to be on the ballot. I think that's a wholly unnecessary approach. East item that's proposed for the Constitution should be judged on its own merit. This provision is meritorious. In Cook County we have seen more than a handful of judges who most of us, if we looked at their credentials, would find unqualified. Winning primaries and elected as judges in Cook County where 09600118.doc 51  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 sometimes they've had only a very small handful of years of experience as a lawyer. This, in my view, means that many of them are probably incapable of (a) understanding all of the court procedures appropriately, and (b) understanding all the complex legal issues that come before them. I have appeared myself in front of some of these judges and certainly won't name names here, but find some of them to be appalling in their lack of vision and understanding of what the court system and what the adversarial process in a courtroom is supposed to be all about. This simply provides that all people who want to become judges have one… have at least a minimum level of experience as an attorney. Now to be sure, not every attorney is a courtroom attorney and so you could get some corporate attorney who decides to run for the bench. They wouldn't have had any courtroom experience, but at least they've had some experience with issues along the way, and at least they've had some experience with dealing with the practicalities of how to be a lawyer along the way. You can't be a good judge until you know how to be a decent lawyer. This Bill will at least take us many steps forward along the road of making sure that those who attain the bench are folks that know what to do when they get there, and I strongly recommend your 'aye' votes."

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

"He indicates that he will." 09600118.doc 52  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"The court… the Supreme Court could appoint a vacancy."

"Until the next election cycle."

"Maybe there'd be somebody with 10 years of experience then."

"As I said, the Supreme Court could appoint someone with the required number of years of licensure. And, again, as I said earlier there's a choice here. The choice for all Illinoisans under their Constitution is that when they go up before a judge on a matter, whether it's civil or criminal, those citizens will either have confidence that the person that judges them has been licensed for 10 09600118.doc 53  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 years or more or the person does not have that required licensure. To me it's a question of what level of confidence should Illinoisans have in those that are administering justice, again, either civil or criminal."

"The answer is yes."

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

"He indicates that he will."

"The 10 year requirement as, you know, Mr. Reboletti, is used by the State of Illinois, the Bar Association of the State of Illinois, the Chicago Bar Association, and other bar associations as a minimum threshold before they'll render a candidate as recommended. You know that."

"The presumption was that if the Constitution talked in terms of 10 years that the circuit judges who select the associate judges would carry through and say, well, if it applies to us it ought to apply to them too."

"The answer is yes."

Speaker Mautino: "Further discussion? The Gentleman from Kendall, Republican Leader Tom Cross."

"Yes, he will."

"What's wrong with today?"

"And I would say, what's wrong with today?"

"You know I'm rather surprised that you advocate that the submission of Constitutional Amendments would be decided by four people. I thought that was contrary to your normal rhetoric." 09600118.doc 57  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"I'm finished."

"No particular reason."

"Could have done it two years ago. We could do it two years from now."

"Again, what's wrong with today?"

"The answer is correct."

"That's correct."

"Well, Mr. Cross, I think you're very aware that in the Senate there's been very active consideration on the redistricting article. You know that. You've been invited to attend hearings over there. And so in the Senate they're working to prepare a Constitutional Amendment on redistricting, I've been working with them."

"And the product of that will be offered to the General Assembly."

"Again, what's wrong with today and requires the action of two chambers."

"I'm not in a position to commit what the Senate will do."

"I don't think there's inconsistency in the two statements. I've been in meetings talking about redistricting, you've been in meetings talking about 09600118.doc 59  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 redistricting. A lot of people have been talking about redistricting. Whether I can commit as to what action the Senate will take, I'm not in a position to do that. I can say on reasonable certitude that they will very shortly offer an Amendment on redistricting."

"The answer is yes."

"Mr. Cross, that's a little premature because there have been meetings, discussions. I don't know what would be in an Amendment that would come out of the Senate."

"Probably not."

"Well, I'm prepared to support changes in how we do redistricting."

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

"He indicates that he will." Davis, M.: "Mr. Speaker, we were given a suggestion by one of our first families up front that if you serve in the 09600118.doc 60  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 General Assembly for 20 years you can run for judge. Do you support that?"

"No, I would not support that." Davis, M.: "We under… well, we know that a number of years ago we passed the sub-circuit legislation to make sure that people of color were given an opportunity to run. Will this legislation in any way affect or limit those who can run in the sub-circuit?"

"This would apply to every… every person in Illinois who seeks a judgeship, whether it would be countywide in Cook County, whether it would be in a sub-circuit in Cook County, whether it would be outside of Cook County. The… the new eligibility requirement put in the Constitution would just apply right across the board." Davis, M.: "Do you find, Mr. Speaker, that those who usually run in the sub-circuit have 10 or more years of experience."

"There have been instances where… there have been instances where people who are candidates in the sub- circuit did not have 10 years of licensure." Davis, M.: "But the majority of them do?"

"In all likelihood the majority do." Davis, M.: "To the Bill. I think it's an excellent opportunity for the voters to know that those who are going to make judicial decisions on the lives of their families, their friends, for those who have committed acts of violence will be justly adjudicated. I was very disturbed to find that in the State of Illinois over 300 or 350 men and women from the northern part of Illinois are brought south to Joliet 09600118.doc 61  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 to be placed into the different prisons. Imagine that, Ladies and Gentlemen, 300 or 350 people a week. Our judicial system, in my opinion, must find better ways to deal with those who've committed acts that are not violent, but usually drug offenses. I think this legislation gives us a great opportunity, Mr. Speaker, to pick judges who actually have a great deal of experience in dealing with the law. I urge an 'aye' vote."

"Speaker Madigan to close."

"Well, Mr. Speaker, we've had a very good debate and I think everyone understands the issue. I would… I would really find it disappointing if people were to decide not to support this Amendment simply because of calculations in terms of suppressing the number of Constitutional Amendments to be considered by the General Assembly. And, again, I would ask for an 'aye' vote."

Speaker Mautino: "The question is, 'Shall House Joint Resolution Constitutional Amendment 57 pass?' This does require 71 votes. 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? Have all voted who wish? Speaker Madigan."

"Mr. Speaker, can we put this on Postponed Consideration?"

Speaker Mautino: "The Gentleman has requested Postponed Consideration. All in favor… The Gentleman from Jackson, Representative Bost, is seeking recognition."

"State your point, Sir." 09600118.doc 62  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"On page 20 of the Calendar on Bills on Third Reading appears House Bill 5838. Representative Burke, would you like to move this Bill? Read the Bill."

"The Gentleman from Cook."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This simply would remove the requirement that AEDs be provided at fitness facilities when there are outdoor activities undertaken that are further than 300 feet of the building that houses an AED. Be happy to answer any questions."

"The Gentleman has moved passage of House Bill 5838 and on that question, the Gentleman from Crawford, Representative Eddy."

"He indicates that he will."

"That's right." 09600118.doc 63  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Yes, as you understand when these institutions organize their physical activities, their sports programs, and there may be several different activities going on at the same time in a relatively small area, so if we were to require an AED at every team exercise, it would become a very serious burden for that school to comply with."

"Well, as you know, Representative, for the last couple of years and certainly as we anticipate there being new needs, new concerns, we will be prepared to address those as they come forward, but we have organized, we have brought together all of the stakeholders in this particular subject such as, the American Red Cross, the American Heart Association, the Chicago Park District, the Chicago Public Schools, the downstate park districts. All of the entities that would come under this mandate and we've asked for their input."

"Yes."

"No."

"We would have no opportunity to simply talk about just Chicago Public Schools."

"They are the ones that brought the initiative to us."

"Correct."

"Thank you."

"The Gentleman has moved passage of House Bill 5838. 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. Riley, do you wish to be recorded? Mr. Clerk, take the record. 114 voting 'yes', 0 voting 'no', 1 voting 'present', House Bill 5838 is declared passed. Representative Bellock, House Bill 5241. Read the Bill." 09600118.doc 65  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Third Reading. Mr. Clerk, place that Bill on Second Reading. Representative Black, House Bill 6241. Out of the record. Representative Burns, House Bill 5951. Read the Bill."

"Representative Burns."

"Thank you very much, Mr. Speaker and Members of the House. I wish to present House Bill 5951. House Bill 5951 is an initiative of the Attorney General's office. This takes our Whistleblower Protection Act and brings it into compliance with the federal False Claims Act. As a consequence of making these changes to our law and bringing it into conformity with federal law, we'll be able to draw down additional federal Medicare funding. I know of no opposition and I would request an 'aye' vote."

"The Gentleman moves passage of House Bill 5951. No one seeking recognition, 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 Davis, Bost, do you wish to be recorded? Mr. Clerk, take the record. 115 voting 'yes', 0 voting 'no', 0 voting 09600118.doc 66  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 'present', House Bill 5951 is declared passed. Representative Colvin, page 21 of the Calendar is House Bill 6018. Out of the record. Representative Davis, House Bill 5289, Representative William Davis. Read the Bill."

"Representative Davis." Davis, W.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Excuse my running here. House Bill 5289 is an initiative to try to help public libraries. Currently, we know how libraries are funded; unfortunately, there are some libraries that are suffering because of the lack of property tax revenue in their communities. And so, we presented this particular Bill, which we've amended once, and essentially what it does is provides essentially a grant to the libraries based on $20 per resident based on the libraries and the libraries also have to have… meet a 30 percent poverty level threshold within their communities. And based on those calculations, particularly with the threshold, based on those calculations there are four public libraries that would be affected by this. They are in the Village of Ford Heights and Pembroke, which is in Pembroke Township, the William Leonard Library District in Robbins, which is in my district, and the Village of Dixmoor, which is in my district as well. Based on the calculations, the total I believe is approximately $129,000. Each library will receive a grant based on these calculations. This is subject to appropriations. I'll be more than happy to answer any questions." 09600118.doc 67  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"The Gentleman has moved passage of House Bill 5289 and on that question, the Gentleman from Jasper, Representative Reis."

"Yes, go ahead."

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

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

"Indicates that he will."

"I just need some clarification that the… that the residents will be charged $20 a piece?" Davis, W.: "No, no. The residents will not charged."

"Okay." Davis, W.: "This will be a calculation based on the number of residents in the community in which the library district serves and the money will come from GRF." 09600118.doc 68  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Okay. In terms of the… the money from GRF, that goes directly to the library district?" Davis, W.: "It'll be a grant to that library district."

"Okay. Is there any indication within that library district how that money would be used? And the reason I'm asking is you may know that Ford Heights actually does not have a library. That actually the library district is in Glenwood, which also takes care of Lynwood too, where I reside. So would this additional dollars have to be targeted towards the citizens of Ford Heights or could they use and decide… the board of directors at a library decide to use it any way they see fit?" Davis, W.: "Well, I guess the way it's originally drafted that the libraries would be able to use it in any way that they see fit. I'm not opposed to making such a change because as you indicated the Village of Dixmoor would be impacted by this and they are served by the Harvey Library."

"Okay, so as you can see that would be a problem if the citizens of Dixmoor or the citizens of Ford Heights are being calculated into an equation to get a school… a library district more money, but not being utilized for the purpose that it was intended to." Davis, W.: "Well, again, the idea is just to support the library and give them additional resources to continue to provide services for the communities that they represent. So I don't want you to get the impression that there's some ill-intent behind this…"

"No, no…" 09600118.doc 69  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 Davis, W.: "…in that respect, but I do understand what you're saying about trying to make sure that if the residents of the community are impacted by this that they get the benefit of the resources. Well, so going back to your original point, I just want to make clear that this is not being charged to the residents."

"No…" Davis, W.: "So the Ford Heights residents are not asking to pay an additional $20…"

"No, I understand that…" Davis, W.: "…to keep it open."

"But I guess…" Davis, W.: "Mr. Speaker, I'll take this out of the record, briefly."

"Out of the record at the request of the Sponsor. House Bill 5282, Representative Connelly, would you like to read the Bill? Mr. Clerk, read the Bill."

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

"The Gentleman has moved passage of House Bill 5282. No one seeking recognition, all in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin, do you wish to be recorded. Mr. Clerk, take the record. 115 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 5282 is declared passed. On page 19 of the Calendar, Representative William Davis, appears House Bill 5407. Read the Bill."

"Representative Davis." Davis, W.: "Thank you very much, Mr. Speaker. House Bill 5407 is an attempt to provide a multitude of resources for individuals suffering from the various complications associated with diabetes. In full disclosure, we talked about this being an insurance mandate which it certainly may be and in this particular Bill we are still working on it. We've made one change that broadened the language so it wasn't specific to any particular complication of diabetes, but a broad variety of complications related to diabetes. But we are still working on this Bill. There was some opposition from one of the insurance companies and we are currently trying to come up with language to work that issue out so if this Bill does pass out of this chamber and goes over to the Senate, we will certainly 09600118.doc 71  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 continue to work on this over in the Senate. I'll be more than happy to answer any questions."

"The Gentleman has moved passage of House Bill 5407. And on that question, the Gentleman from McHenry, Representative Franks." Franks: Thank you, Mr. Speaker. Will the Sponsor yield?"

"He indicates that he will."

"Representative, I understand what you're trying to do here. My concern is we saw just today that President Obama has signed into law the new Health Care Act requiring insurance. How would this Bill effect… or I guess how would the Federal Bill effect this?" Davis, W.: "Unfortunately, Representative, we didn't have an opportunity to make that assessment based on what happened with the Federal Government so I don't have a specific answer for you. But you should know that there is a companion version of this Bill that is now, from the Senate, that is now in the House that I have picked up and so we will certainly try to answer that question relative to moving forward with that particular… with this particular Bill."

"And I appreciate that and that was my concern because my concern is I don't want to continue to add mandates at the state level… it would… that could be greater than that at the federal level until we see what the federal level does. That's my one concern. I'm wondering if maybe we might be premature with this Bill at this time." 09600118.doc 72  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 Davis, W.: "Well, certainly you can… you can hopefully understand that at the time this Bill was of course drafted…

"Right." Davis, W.: "…you know, the Federal Health Care Bill was in debate and, you know, fortunately came to a vote over the weekend. So, again, we unfortunately don't know what that impact will be but I'm committed to answering that question for you."

"Thank you. I appreciate it." Davis, W.: "Thank you."

"The Gentleman has moved passage of House Bill 5407 and on that question, Representative Miller."

"Thank you, Mr. Speaker, to the Bill. I don't know if the Members know that today is American Diabetes Association Alert Day and this Bill, I believe, is apropos to exactly the interest of this. Diabetes, as you know, is a deadly disease and yearly strikes 24 million children and adults in the U.S. Nearly one quarter of those with diabetes, 5.7 million don't even know that they have it. An additional 75 million or one out of five Americans have pre-diabetes which puts them at a high risk for developing type 2 diabetes. And so I can go on and on, but the point is, is that anything that can help relieve or help deal with this tragic disease that is treatable, is a step in the right direction and I would ask for support of this legislation. Thank you."

"The Gentleman has moved passage of House Bill 5407. All in favor vote 'yes'; opposed vote 'no'. Voting 09600118.doc 73  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Fritchey, Dunkin, Bost, do you wish to be recorded? Mr. Clerk, take the record. 115 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 5407 is declared passed. Representative Dugan, House Bill 6101. Read the Bill."

"Representative Dugan."

"Thank you, Speaker. House Bill 6101 just clarifies statute. Right now, transmitting a false report to the police is currently a Class 4 felony. However, in different places in the state 9-1-1… it has to do with 9-1- 1. The Appellate Courts have said that the false reporter must communicate directly with the police and in some parts of the state 9-1-1 is a police department, but in other parts of the state 9-1-1 is actually a dispatch center to the police. So this is just to clarify that any 9-1-1 call is considered a false report. I'll answer any questions."

"The Lady has moved passage of House Bill 6101. 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 Franks, do you wish to be recorded? Mr. Clerk, take the record. 114 voting 'yes', 0 voting 'no', 1 voting 'present', House Bill 6101 is declared passed. Representative Brauer, House Bill 5688. Read the Bill." 09600118.doc 74  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Representative Brauer."

Speaker Mautino: "Place that Bill on Second Reading. Mr. Clerk… Representative Brady, House Bill 5197 appears on Third Reading, would you like to move this Bill? Out of the record. Representative Eddy, House Bill 6041. Read the Bill."

"The Gentleman from Crawford, Representative Eddy."

"The Gentleman has moved passage of 6041. No one seeking recognition, the question is, 'Shall this Bill pass?' Excuse me. Representative Froehlich, with a question."

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

"He indicates that he will."

"Representative Eddy, this Bill is unusual in that it's both prospective and retrospective. I haven't seen us be retroactive very often. Maybe it's happened, but I can't recall it. Your Bill would have the effect of granting a form of amnesty, wouldn't it, to school districts that didn't follow the law as interpreted by an Appellate Court decision. Is that correct, that it would be kind of a retroactive hold harmless clause for some school districts?"

"And my last question, would this Bill, if it becomes law, would this prevent some property owners who have based on the mistakes, which may have been made in 09600118.doc 76  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 good faith, I don't dispute that, but would this prevent some property owners from recovering tax refunds?"

"So your intent is to say they couldn't get refunds that they might have already been in the process of seeking based upon this error?"

"Well, but I'm asking for what your intent is as we deal with your…"

"Okay, thank you."

Speaker Mautino: "No Members seeking recognition, Representative Eddy to close." 09600118.doc 77  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"The Gentleman has moved passage of House Bill 6041. 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 Sommer, do you wish to be recorded? Mr. Clerk, take the record. 113 voting 'yes', 2 voting 'no', 0 voting 'present', House Bill 6041 is declared passed. Representative Davis, House Bill 5289. Read the Bill."

"The Gentleman from Cook." Davis, W.: "Thank you very much, Mr. Speaker. You heard some of the debate earlier on this particular Bill. I've committed to the Gentleman that asked a question earlier, to see if there's a way we can solve his particular concern, which I do certainly, certainly understand. But if there are any additional questions on this matter I'll be more than happy to answer them."

"The Gentleman has moved passage of House Bill 5289. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 100 voting 'yes', 15 voting 'no', 0 voting 'present', House Bill 5289 is declared passed. Representative Fortner, House Bill 5755 appears on the Calendar. Read the Bill." 09600118.doc 78  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Out of the record at the request of the Sponsor. Representative Kosel, on page 19 of the Calendar is House Bill 5483, would you like to move this Bill? Read the Bill."

"Representative Kosel."

Speaker Mautino: "Place this Bill on Second Reading. Representative Leitch, you have House Bill 5685 on Third Reading. Read the Bill."

Speaker Mautino: "Gentleman from Peoria, Representative Leitch."

"The Gentleman has moved passage of House Bill 5685. 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? 09600118.doc 79  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 Representative Chapa LaVia, do you with to be recorded? Mr. Clerk, take the record. 115 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 5685 is declared passed. Representative Flowers, on page 4 of the Calendar on Second Reading is House Bill 4679. Out of the record. Representative Flowers, on page 9 of the Calendar appears House Bill… under the Order of Second Reading is House Bill 5473, do you wish to move this Bill? Representative Flowers. Out of the record. Representative Fritchey, House Bill 4982 is on Second Reading, would you like to move this Bill, Sir? Read the Bill."

"Third Reading. This Bill has been read a second time previously. Representative, would you like to read the Bill for a third time? Run the Bill."

Speaker Mautino: "The Gentleman from Cook, Representative Fritchey on House Bill 4982."

"Thank you, Speaker. This is a Bill that originally started as a request from a constituent that had an issue and then concurrently the City of Chicago and the Secretary of State were taking a look at the issue as well. What this would allow to happen is that an individual with suspended driving privileges can be able to have those 09600118.doc 80  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 privileges reinstated once they've entered into a payment plan for any outstanding fees or penalties. In the event that they were to default under that payment plan, then their driving privileges would be re-suspended by the Secretary of State after 14 days of default. We do have the support of everybody from the Secretary of State's office to the City of Chicago to the Cook County Public Defender to the State Bar Association, the Illinois Association of Court Clerks. We know of no opposition to the Bill. I think this does the simultaneous goal of letting people get back to work or whatever they may need their vehicle for, while at the same time, ensuring that the municipal bodies of the state are getting their fines and penalties that are owed to them, paid back to them. I'd be happy to answer any questions."

"The Gentleman has moved passage of House Bill 4982, and on that question the Gentleman from DuPage, Representative Durkin is seeking recognition."

"You're right."

"And proceed."

"Jim, I… excuse me…"

"No, no. Representative, I understand where you're going. I don't know of anything that would differentiate them from any other fee… or from any other ticket. You know, this deals with suspensions resulting from unfit… unpaid fines, tickets, or tolls."

"No, this is…"

"This is… this is unpaid fines, tickets, and tolls. So it's, you know, whenever there's an obligation owed, and what happens sometimes in the situations we found in the past is, that somebody may be unable to pay their fines because they're unable to get to work. So this allows us to take care of both."

"Further questions? The Gentleman from DuPage County, Representative Reboletti."

"Me."

"Yes, Sir."

"Yes, Sir." 09600118.doc 82  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"I think it would be the authority to whom the outstanding amounts are owed would have the ability to enter into a payment plan. I mean you, obviously, like anything else have two parties. You're going to have the obligor and the obligee. They we have to enter into a plan that was satisfactory and acceptable to both sides."

"Well, I… this doesn't prescribe what the settlement or payment plan would look like. Oftentimes it may be a 50% plan or it may simply be an agreement to pay the full amount over time, and there may actually be an incentive for the person that owes the fine, they may be more incentivized to be willing to pay the entire fine knowing that doing so will allow them to get those driving privileges reinstated and they make payment over a certain amount of time. So maybe they couldn't make that payment in 60 days but maybe they could do it over 180 days, and maybe it's easier for them to pay the full amount once they have their driving privileges reinstated."

"Toll fines had been in this Bill. Now, Representative, I want to be… I want to tread carefully 09600118.doc 83  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 here because there was some Amendments that had been made to the Bill. As I'm looking at this and bear with me, Representative, I apologize, I just want to make sure that I don't give you bad information because that was one of the issues that had been discussed at the time."

"One second, Representative. Representative, I'm going to tell you as I look at the original Bill and look at the Amendment, I don't see anything that took tolls out of the legislation. But I want to qualify my remarks because I don't want to give you misinformation here. I would submit that with or without the concept that we are going to be able to encourage individuals to enter into a payment plan, incentivize them to do that in such a way that probably allows municipalities to get more of their money back. It's probably a good thing."

"Representative, I apologize. That was actually a timely phone call from somebody that's listening to the debate. The tollway is no longer in this legislation."

"I would not be surprised that they would see this as an attractive way to go."

"Further discussion? The Lady from Cook, Representative Davis." Davis, M.: "Will the Sponsor yield?"

"Indicates that he will." Davis, M.: "Representative Fritchey, I'm sorry that I missed a little of the discussion. Now my understanding is that you're attempting to get the licenses back for people. Is that correct?"

"What this would do would be once they have entered into a payment plan for any outstanding amounts that are due and owing, let's say to the City of Chicago, if they owed fines and penalties, et cetera, that this would allow them to get their license back while they are in a payment plan. Now should they default from that payment plan, their driving privileges would be revoked again. But right now, this would allow them to get their license back. Representative, you have a piece of legislation that's somewhat analogous. Now this doesn't… this doesn't deal 09600118.doc 85  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 with deadbeat dads, this deals with traffic offenders that owe traffic fees and traffic fines and saying, okay, we'll allow you… the only reason that your license has been suspended is because of nonpayment of these fines. Rather than remain a deadbeat, if you enter into a payment plan and stay current with that payment plan, we will allow you to reinstate your driving privileges as long as you keep making your required payments." Davis, M.: "Yeah. Do you think this makes it much safer for people on the road that we're allowing people to drive as they attempt to make commitments in reference to past violations?"

"Well, I don't believe that this is a safety issue. This does not apply to licenses that have been suspended for safety reasons. Whether it was a DUI, whatever it may be, we are not allowing them to get reinstatement based… if the suspension was based on that. It's simply if your suspension was based on nonpayment of fines or fees, we are going to allow you to get your license reinstated so you can go to work, do whatever it is to help people get along with your life and get those fees and payments paid and stay on schedule." Davis, M.: "To the Bill, Mr. Speaker. I think it's an excellent piece of legislation. I think we should all be very concerned that people can get back and forth to work, that people can go and look for work. And I think we thwart the efforts of all families when we take away the opportunity for people to go to work, to look for jobs, and 09600118.doc 86  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 I think this is a great piece of legislation and I urge an 'aye' vote."

"The Gentleman's moved passage of House Bill 4982. No one seeking recognition, all in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Beaubien, Black, Saviano, do you wish to be recorded? Mr. Clerk, take the record. 115 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 4982 is declared passed. Representative Mathias, on the Calendar is House Bill 5720. Out of the record. Representative Moffitt, on Third Reading is House Bill 4779. Out of the record. Representative Pihos, on Second Reading is House Bill 6034. Do you wish to move this Bill? Out of the record. Representative Fritchey, on the Order of Second Reading is House Bill 6072, do you wish to move this Bill? Out of the record. Representative Golar, on Third Reading is House Bill 5918. Representative Golar, would you like to call House Bill 5918 for Third Reading? Place this Bill on Second Reading. The Lady from Cook."

"Thank you, Mr. Speaker. Would you move that back to Second Reading? I'm awaiting an Amendment, please. Thank you."

Speaker Mautino: "That Bill is on Second Reading. Representative Harris, House Bill 5691 is on Third Reading. Would you like to read this Bill? Read the Bill."

"Representative Harris."

"Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill I bring to you at the request of the Illinois Psychological Association. It would add a continuing education requirement to the renewal for licensing for psychologists in Illinois. I'd be happy to answer any questions."

"The Gentleman has moved passage of House Bill 5691. On that question, the Lady from Kankakee, Representative Dugan."

"Mr. Speaker, if I could, for the record, House Bill 5289 I had inadvertently voted 'no' and I wanted to be recorded as voting 'yes'."

"The record will reflect your intention."

"Thank you."

"No one seeking recognition on House Bill 5691, 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 Colvin, Davis, Riley, do you wish to be recorded? Mr. Clerk, take the record. 115 voting 'yes', 0 voting 'no', 0 voting 'present', the House Bill 5691 is declared passed. Representative Harris, on Second Reading is House Bill 5085. Out of the record. Representative Hoffman, House Bill 5515 appears on Third Reading. Read the Bill."

"Representative Hoffman." 09600118.doc 88  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Thank you, Mr. Speaker. House Bill 5515 unanimously passed out of the Education Committee and this for a period of time, a limited period of time, through June 30, 2013 would allow school districts to transfer money from the school districts' life/safety fund to Operations and Maintenance Fund for building repair work. This would give school districts the flexibility to use excess funding and use it to help them in their General Fund for building repair work."

"The Gentleman has moved passage of House Bill 5515. On that question, the Gentleman from Crawford, Representative Eddy."

"He indicates he will."

"Yes, it sunsets. It's only through June 30th of 2013. And no, we're not making any Amendments to any other areas of the life/safety funds or any of the provisions that stops some past abuses."

"Yes, that's correct."

"Thank you."

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

"The Gentleman yields."

"No, it does not. All this does is allow for a limited period of time from between now and June 30, 2013 to transfer from the school districts life/safety fund to the Operation and Maintenance Fund for building repair work. Gives the school district more flexibility with existing money."

"No there's no requirement to pay it back."

"Seeing no further questions, the Gentleman moves passage of House Bill 5515. 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 Riley, Cultra, do you wish to be recorded? Mr. Clerk, take the record. 103 voting 'yes', 12 voting 'no', 0 voting 'present', House Bill 5515 is declared passed. Representative Howard, on page 19 of the Calendar is House Bill 5402 on Third Reading. Read the Bill. Mr. Clerk, return this Bill to Second for an Amendment. Representative Howard on Floor Amendment #1 to 5402."

"Thank you very much, Mr. Speaker. This Amendment is a line and page Amendment deleting the underlying Bill. In fact, it becomes the Bill and provides that if the offenses of robbery, armed robbery or aggravated robbery are committed to effect or attempt to effect a transaction at an electronic fund transfer terminal, then the defendant will receive an extended term."

"The Lady has moved the adoption of Floor Amendment #1 to House Bill 5402. On that question the Gentleman from Cook, Representative Fritchey."

"Thank you, Representative (sic-Speaker). Will the Sponsor yield?"

"Indicates she will." 09600118.doc 91  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Representative, This… does this Amendment differ from the one that was brought up previously."

"Yes."

"How so?"

"We did not enhance it to a Class X felony as was the case before when you had an objection to it. We're now… we're now adjusting the sentence, the number of years and the sentence."

"So what would this make the adjustment to?"

"When the judge makes the… when the judge makes the determination about the sentence, it would be twice as much time given to the individual as the current law dictates."

"So a doubling of the sentence."

"Yes."

"To the Bill. Ladies and Gentlemen, we had some debate on this Bill when the… to the Amendment. We had some debate on this Amendment last time and I appreciate the Sponsor trying to improve what was done previously, but please keep in mind what this Amendment would do. This Amendment would say that if you were to rob somebody on their way to the ATM machine, you get one penalty. If you were to rob them after they left the ATM machine with their money, you get another penalty. If you happen to rob them while they are at the ATM machine, you would get double the penalty. I simply don't believe that while there are many vulnerabilities, whether it is somebody walking alone down a dark street, whether it is somebody that is elderly, somebody that is handicapped, whatever it may be, that this is something that would provide for an enhancement, 09600118.doc 92  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 literally doubling of penalties. Everybody likes to come out of this building talking about us being tough on crime. And I agree with everybody that, you know, there are things we should not have a tolerance for, but this simply creates a patchwork that really is disconnected from reality. And I truly hold the Sponsor in high regards. This is not a reflection on her whatsoever, but there is a serious and significant question as to whether this is not only enforceable, but this is the type of policy that we want to pursue in the state where we're almost encouraging somebody to wait for somebody to leave the ATM machine to rob them or get them before they get there. Just don't rob them while they are there because all of a sudden you're going to do twice as much time. Our jails are going to be that much more congested for that much longer for essentially the same crime. Rob them as they take the money out, you do six years; rob them as they walk away from the ATM machine, you do three years. This is going to result in significant cost to the state. It is not going to be a deterrent for the crime, it is simply going to be another patchwork at a time that the CLEAR Commission has tried to streamline and make more logical our Criminal Code. This is simply going to take us in the other direction. I would reluctantly, yet steadfastly, ask for a 'no' vote on the Amendment and, Speaker, I request a Roll Call vote. Thank you."

"A Roll Call vote on the Amendment has been requested and acknowledged. Representative Reboletti, the 09600118.doc 93  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 Gentleman from DuPage, further questions? Representative Howard."

"Yes, I want to remind the good Representative that… I wanted to remind you that the reason that we talked about this last time needing to be an offense that required more penalty is because of the vulnerability of someone who is standing at an ATM machine. Oftentimes they are on the street. The cubicles that they're in sometimes, once you step into the cubicle you are not able to move. If someone comes up to you then you for the most part are very vulnerable. It is… there is a difference in your walking down the street and having the ability to run in a direction and that's why I believe that this deserves to have a larger penalty."

"Representative Fritchey."

"Thank you. And, Representative, I understand your belief and I respectfully disagree for a couple of reasons. I cannot think, in my district and probably yours as well, is proliferated with ATM machines. I cannot think of one that is in a walled off cube such as like you're talking about, but even if it were and I'm not going to be facetious with that example, that same example would apply to somebody being robbed in a bathroom urinal or in a bathroom stall. They have nowhere to go, they have nowhere to run. They are just as vulnerable. A victim is vulnerable at many times in many circumstances, depending on where they are, depending on the time of day, depending on who they are with or not with. So… but the reality is again, the ATM machine, you know, and this is not about 09600118.doc 94  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 holding somebody and keeping them from leaving, this isn't an unlawful restraint, it's not a kidnapping issue, it is an issue of… I cannot envision an ATM machine and if other people can, let me know, where you walk into a three-walled area and you cannot get out. That vulnerability is not the test and what is also the problem here is you are now leaving it up to judicial discretion now, not the statute, as to whether the offender knew that this person was at the ATM machine. They may have been walking to it or from it. Go ahead, Representative, please."

"Yes, Representative Fritchey, I have never gone to a washroom to withdraw money."

"I'm not…"

"When people…"

"It was not about withdrawing money."

"When people go to the ATM machine it is understood that there's money involved. There's a difference. If somebody robs you in the washroom, chances are you may not have any money."

"Representative, I may have more money in my pocket walking to the bathroom than somebody has walking up to the ATM machine."

"I see."

"But the issue you're talking about is while they are at the machine themselves…"

"At the machine."

"…if it's about the money, why not… what happens if… Let's take a young woman; she withdraws money from that 09600118.doc 95  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 machine. She turns around and takes one step away from that machine…"

"And she can still run…"

"And she… as she gets…"

"…or get away."

"…as she gets. No, no."

"She's not distracted."

"Once she takes one step away from that machine, this Bill doesn't apply anymore."

"But the point is that she is not distracted any longer. As you know, when you go to an ATM machine you are focused on making certain that you are putting the correct code in, you're making certain that you're doing the right thing and you're focused in on what is on the board. So, I'm saying that's why it makes someone much more vulnerable because you are not thinking, you're looking around, probably not able to look around as much as you need to or to be aware of your surroundings."

"Why, I think the same actions involved in an ATM machine are the same actions involved at a gas station terminal when you're putting your informa… when you're putting your credit card in to get gas at the thing. You're focusing on putting your card in, having to put in your zip code, whatever the case may be. You're distracted and occupied then, as well, and as a matter of fact the physicality of a fuel pump is not that dissimilar to one of an ATM machine."

"Representative Fritchey, if I make a decision to take $20 out and I walk away from the machine, that's one thing; 09600118.doc 96  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 but if I'm standing at the machine and someone is saying to me take out more money than I intended to or give me all of your money, that is… that's a difference."

"I agree, but that's not what this Bill says."

"Well, I'm saying that at the machine you are more vulnerable than if you were walking away from the machine."

"But this legislation does not add enhanced penalties for somebody forcing you to take more money out than you would. This simply says, if you were taking $5 out and they robbed you while you took those $5, it's double the penalty."

"But you have… while you're at the machine, you can be forced to take more money than you had expected."

"But that…"

"In fact, they can empty your bank account at that point."

"Understood, but that's not what this… if, here, if the law said that we are going to enhance the penalties for forcing somebody to take more money out of an ATM machine and then robbing them, I don’t even think there'd debate on the Bill, it would have flown out. That's not… that's not what the Bill says. And that's actually what I thought you were trying to get to, which is if somebody forces you to take more money out, et cetera, that's where I thought you were trying to go. This simply says if they rob you while you are taking your money out. I went there to take $20 out, I took 20 out. They robbed me while I took the 20 out; they now caught double the sentence. That's a very different scenario than being forced to take more money out 09600118.doc 97  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 or being forced to take all the money out of my account and then having that robbed from me."

"I believe that a person who is at the ATM machine is much more vulnerable and I, therefore, believe there ought to be a penalty that is much more serious."

"Representative, I respect you; I respect your belief…"

"I appreciate your respect…"

"I simply… I simply disagree on this particular issue and there's not many I disagree with you on. This does, unfortunately, happen to be one and I'd so request a 'no' vote. Thank you."

"Further discussion? And the Chair, since this Bill is on Short Debate, there have been a number of requests for speakers. We'll be using the timer and the rules for Short Debate. The next speaker will be the Gentleman from DuPage, Representative Reboletti, for two minutes."

"She indicates that she will."

"Thank you."

"Further discussion? The Lady from Grundy, Representative Gordon."

"Thank you, Mr. Speaker, to the Bill. Ladies and Gentlemen, while we're all about being tough on crime and it's very important to make sure that people serve the longest sentence and, you know, God forbid someone accuses us of not doing the right thing. But what the Representative, who is very, very good at her job has done with this Amendment has actually made the Bill worse than it was the first time that it was presented in making what… what… a legal impossibility. Because in presenting this Bill she's asking the judge to make a determination of what's actually in the defendant's head and making… asking the judge at sentencing to make a factual determination which is actually up to the jury, which is not legally possible to do. And so if this were ever challenged on appeal it would actually be tossed out immediately and you would not be accomplishing what we're trying to do here. This Bill needs significant work as the previous speaker 09600118.doc 99  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 said. I thought that we were also going to put this under aggravating and mitigating factors, but to ask a judge to make a factual determination after a guilt determination has already been done is something that we cannot do. It's supposed to be done at the guilt phase and this is bad all around. If we are going to take a vote on this instead of trying to fix this, which we still have time to do, I would ask that we vote 'no' and do some more work before we move forward on this. This is not good law. It doesn't accomplish what we need it to accomplish and truly something that we don't want to do and put something in the statutes that just doesn't mesh with the rest of…"

"There has been a Roll Call vote requested on the Amendment and that has been recognized. Our final speaker is Representative Will Davis and Representative Lyons in the Chair." Davis, W.: "Hold on just a minute, please. Thank you. Hold on just a minute, please. Mr. Speaker, sorry about that. Representative, did you have an opportunity to explain your Amendment to the extent in which you wanted to?"

"I'm not certain that there's much more I can say about it. My point is that I thought there needs to be something a little bit more than what we currently have on the books for similar situations." Davis, W.: "So, essentially, your Amendment was trying to address some concerns that had been previously raised before, correct?"

"That's correct." 09600118.doc 100  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 Davis, W.: "Okay. I just wanted to make that point very clear, and essentially to the Bill, Ladies and Gentlemen. I can understand some of the comments that have been made. Some folks feel that we're doing too much or, you know, every other thing that comes up we have to create something to address it. And the reality, I think, is that unfortunately we're all subject to personal requests and personal… and with personal requests and personal complaints down here. And essentially… what I'm essentially trying to say is that if one of your constituents has a problem or is aggravated in some way, they're going to come to you and feel that something needs to be done to do it, and many of you are going to step up to the plate and try to address what your constituents needs are. Be clear about that. You're going to try to do that. Now when you try to do that and you're going to make the case because one of your constituents, something has happened to them, you're going to try to make that case. So should we treat you the way that you're treating this Representative who's simply trying to do something to help? I'm serious. I'm serious. She's trying to do something to address a concern that she has. That's all she's trying to do and we need to give her that opportunity to do so. Now if it fails on appeal or what have you, again, we always come back here and we readdress concerns that we have. So all I'm simply trying to say is that she's trying to address a particular constituent need and she needs to have the opportunity to do so. If there's a concern we should be working with her to try to alleviate the concerns, to 09600118.doc 101  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 try to make what she wants to do better, not just simply saying it's a bad idea and we shouldn't do it. So I would encourage you to support the Lady's Amendment, try to move the issue forward. I'm sure she's open to continuing to work on the issue to make it better so that she can address whatever concern has been brought to her. Thank you."

"Representative Lyons in the Chair. It's my understanding the previous Speaker announced that Will Davis will be the last speaker, so Representative Howard on your Amendment."

"Yes, thank you, Mr. Speaker. You know it's sort of confusing sometimes when you hear various people speak. Sometimes they think that I am not hard enough on crime and sometimes they say, you know, they don't want to be soft on crime. So it's confusing as you listen to people speak. I am certainly… I was… I had been under the impression that what I did in the Amendment was in fact correct, and what people had suggested that I do. I would not have brought it back had I not done what I thought was what I had been requested. But I'm certainly willing to continue to work on it, and I would like to be able to get it passed out of the House so that I will ask the Senate Sponsor, if I'm able to get it that far, to assist in trying to get closer to what will be agreeable to this Body as well."

Speaker Lyons: "The Lady moves for the adoption of Floor Amendment #1 to House Bill 5402. A roll call has been requested so all those in favor of the adoption of the Resolution signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have 09600118.doc 102  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 all voted who wish? Have all voted who wish? Collins and Pihos? Mr. Clerk, take the record. On this Bill… on this Amendment there's 100 Members voting 'yes', 14 Members voting 'no' and Amendment #1 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Howard, you wish to call the Bill?"

"Yes, thank you."

"Read the Bill, Mr. Clerk."

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

"Yes, we've had extensive debate on this and I just wanted to reiterate that I am willing to work to try to make this Bill more agreeable to some who expressed opposition."

"No one seeking discussion, the question is, 'Should House Bill 5402 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 Dugan, Riley, Verschoore? Mr. Clerk, take the record. On this Bill there's 103 Members voting 'yes', 11 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dennis Reboletti, for what purpose do you seek recognition, Sir?" 09600118.doc 103  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Please proceed."

"The Chair recognizes the Gentleman from Rock Island, Representative Pat Verschoore."

"Mr. Chairman (sic-Speaker), on the previous Bill I meant to vote 'yes'. I thought I'd punched my button and it evidently didn’t record. So can I be recorded?"

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

"Thank you." 09600118.doc 104  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

Speaker Lyons: "Representative Jackson, on page 20 of the Calendar you have House Bill 5846 on the Order of Third Reading. Read the Bill, Mr. Clerk."

"The Gentleman from St. Clair, Representative Ed Jackson."

"Mr. Speaker, Ladies and Gentlemen, House Bill 5846 amends the Illinois Vehicle Code and Boat Registration and Safety Act and changes the boat trailer registration from one year to three years to be compatible with the registration and certification of the boat itself, which is three years. I'll entertain any questions and I urge an 'aye' vote. Thank you."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 5846 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. Sara Feigenholtz, would you like to be recorded. Mr. Clerk, take the record. On this Bill there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Ramey, you have House Bill 5093 on page 18 of the Calendar. Out of the record. Representative David Reis, you have House Bill 6158. Wish to call your Bill, Representative? Out of the record. Representative Naomi Jakobsson, on page 21 of the Calendar you have House Bill 5859. Out of the record. Representative Kevin Joyce, on 09600118.doc 105  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 page 18 of the Calendar, you have House Bill 5057. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Kevin Joyce."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5057 will set up the Illinois Investment Review Commission. It would give the responsibility for appointment to the commission from the president of the University of Illinois, and their job would be to look at the rating… investment rating agencies to make sure that they are reliable for all of our state investments. They would be required to report back to us, both the General Assembly and the Governor. Be happy to answer any questions. I know of no opposition."

"You've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."

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

"The Sponsor yields."

"Representative, why are we choosing the University of Illinois to lead a commission to determine where we should be investing? And where I'm going with this is, you know, we have some of the greatest financial minds in the world within our borders. I'm not sure we'd want to limit it only to the University of Illinois. Perhaps we could talk to investment firms in the City of Chicago, for instance, to get other perspectives on the marketplace instead of 09600118.doc 106  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 relying solely on academics. Perhaps those that actually deal with this issue everyday might be in a better position to advise us." Joyce: So the commission is not consisting just of the University of Illinois, it is going to include economists from the University of Illinois. But the way we put the language in there, to address your issue, was the president has the authority to appoint anybody who he may deem appropriate. So it doesn't put a max as far as number of people on the commission and it doesn't limit the president to whom or where he gets those appointees from."

"I appreciate that. Is there any cost to this?"

"There is not, only that the university would have… the commission would have the right to apply to university funds for reimbursement of any costs that they might have for meetings or such other things."

"Well, I appreciate the way you're thinking about this. I think we need to have a more comprehensive view on how we do our investments and bringing in our greatest minds is a way to do it. So I appreciate the Bill and I'm glad to support it."

Speaker Lyons: "The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose."

"Sponsor yields."

"There's… there's no funding required in order to do this study. Actually, I talked to the people from the 09600118.doc 107  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 University of Illinois, they have some economists that are very interested in being involved in this issue and looking at this issue and while they would like to see some money for it, there is… they understand that there is no money for it. And they have identified some…"

"…economists that are professors at the University of Illinois that are very interested in taking this up regardless of the cost."

"That's incorrect. Your analysis is incorrect."

"I've talked to them this afternoon, Chapin."

"They've… this wouldn't have moved forward if they were against this."

"That's correct."

Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."

"Sponsor yields."

"Yeah, I've talked to them today. They're fine with the Bill. I don't know who you've talked to…"

"Gentlemen, your time is limit… expired, but we'll give you another minute to finish this answer, Kevin."

"Yes. Thank you, Mr. Speaker. I talked to the University of Illinois today. Last week they asked me to hold it for a week. Held the Bill, was willing to take any Amendments, they came back today and said, you know, we're 09600118.doc 109  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 fine with the way the Bill is, appreciate you holding it. If we have anything… other concerns can we come back? I said, sure. They said go ahead and move it out of the House. And they have some economic professors that are very interested in taking on this role. They view it is, in light of what's happened over the last couple of years, you look at all the terrible investments that have been made across… our pension funds across some of the state agencies and they feel a very deep interest. They're not looking for payment, so to speak, for service performed. I think it's an issue that a lot of economists want to look at, how somehow in the past, the rating agencies, especially the last few years, were providing very unreliable information. Many of… much of that information was probably taken from some of our pension funds and other investment instruments to make decisions, very serious decisions that have had very devastating effects on some of the funds that we operate here in the State of Illinois. So, as far as I'm… you know, as far as I talked to the university, probably somewhere between the hours of 11:00 and 1:00 today and they are fine with the Bill. And I'm sure… hopefully you've had time to have them call you back."

"No, it was not President Ikenberry. It was one of his designated people here in Springfield that comes here on a regular basis."

"That's correct."

"Representative Dunkin."

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

"Sponsor yields."

"Representative, I'm just curious. Out of all the universities, this is the only one that is being considered under this legislation with review of its investment portfolio and some of the houses, investment houses? Is there a reason why just this one out of the other state universities?"

"No. Which… well, the University of Illinois happens to be the flagship of our university system. And it's business school is recognized across the country as in the top 10, and the qualified personnel and economists and accounting and faculty members are at the University of Illinois, are widely recognized as being experts in their field, and this was a place where we could do it where it wouldn't cost the taxpayers money."

"So, have they done something wrong to prompt this level of review or have they done something… What prompted the review outside of it being a flagship university?"

"I think you need to understand the Bill, Representative Dunkin."

"I'm looking at…"

"This does not affect the University of Illinois, this is asking the University of Illinois to do… set up a review commission to look at the rating agencies like AAA and look 09600118.doc 111  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 at the validity of how they rated the financial instruments. So, we're asking the University of Illinois for help here to report that back to us. We're not… there's no one's saying that the University of Illinois is doing anything wrong here."

"Okay, I'm looking here at the text of the Bill."

"Okay."

"Investment Review Commission. So we're looking at places like Fitch and some of the other bond rating houses. Is that correct?"

"We're looking at some of the… the products that are rated, so AAA, you know, Moody's, how they rate…"

"…Gentlemen, the time has expired. We'll give you one more minute to finish this discussion, please."

"Thank you."

"You get another minute, Representative Dunkin. You can finish this question."

"Okay. Again, I'm just… so where's the Treasurer's Office in this here? Don't they do some level of assessment or review since they invest most of our state's money, correct? And they utilize these bond houses, right or these investment houses, management funds?"

"No, they don't invest our pension funds."

"They don't make recommendations to make placement of our state…"

"Not… not of our pension funds."

"So this is solely for pension bonds…"

"No, no, it's for all state… all public funds, all long term public funds including the State Treasurer, including 09600118.doc 112  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 the State Board of Investment, state funded retirement systems. All were asking them to do is cooperate with the commission and provide any information relating their use of investment rating sources and tools that the commission may request."

"Okay and so we're asking…"

"So for example if… if in 2007, from 2007 to 2009 the State General Assembly Pension Fund lost $2 billion or $3 billion, they… the people that were investing that money use some sort of rating agency to determine how they were going to invest the money, right? So why were those raters so wrong or did they ignore the rating advice? So what we want to do is make sure that the commission looks at… these economists look at how this money's being invested and make sure that it's being done in a right way and that a report is given back to us in the General Assembly and to the Governor. That's what this Bill does."

"Thank you, Mr. Speaker."

"Final speaker will be Representative Mulligan and then Representative Joyce to close. Rosemary Mulligan."

"Sponsor yields."

"There's no pay… there's no pay called for in the Bill."

"No, there's no salary in here. All's it… with regards to payment, it says the university and the members of the commission may be reimbursed for their expenses in connection with the commission out of any funds available to the university for that purpose. In other words, if there was another Bill to come along that said, hey, we're going to create a fund for this purpose, but there's no… there's no call for payment here."

"Yes, kind… that's partial. What I'm asking them to do…"

"Once again the time has expired. We'll give you one more minute to finish this discussion, then Representative Joyce to close."

"I'll try to answer quickly, Mr. Speaker. What I'm trying to do here with the commission is to verify the validity and to rate the raters, if you will." 09600118.doc 114  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"And to make sure that we're getting reliable information. You know, it was always accepted that Moody's or AAA, that these were solid ratings from these financial instruments."

"Yes."

"That's correct and then report back to us so we…"

"Thank you."

"Representative Joyce to close."

"Thank you… Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I simply would ask for an 'aye' vote. I think it's a worthwhile look at our investments, at what's going on in all the financial world to make sure that we're being good stewards of public dollars because ultimately we're responsible for all these funds whether they be pension funds or any other funds. The taxpayers are responsible and we should make sure that we're making wise decisions through our pension funds or other state agencies and this might give us a tool to look and understand it a 09600118.doc 115  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 little bit more thoroughly so we don't face the economic debacle that we faced in the last four years."

"The question is, 'Should House Bill 5057 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 Kosel? Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 13 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair rec… the Chair recognizes Representative Eddie Acevedo for a point of personal privilege. Representative Acevedo."

"Thank you, Mr. Speaker. In the rear of the chamber to your right is a group from my district, St. Ann grade school. My son is, also, the classmates. They're here today with parents and their teachers Ms. Walsh and Mr. Doar. Please welcome them to Springfield."

"Glad to have you. Enjoy your day at the Capitol. Representative Cole, for what purpose do you seek recognition?"

Speaker Lyons: "The Journal will reflect your wishes. Representative Chapin Rose, on page 21 of the Calendar, you have House Bill 5966. Read the Bill, Mr. Clerk."

"The Gentleman from Champaign, Representative Chapin Rose."

"The Chair recognizes the Lady from Grundy, Representative Careen Gordon." Gordon, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Gorgon, C.: "Representative, it doesn't… it doesn't just allow a crime victim to address the court, it allows multiple crime victims under the definition of family in the statute and it gives the judge no discretion to limit that number. Is that correct?"

"Representative, the time is expired. We'll give you one more minute to finish your discussion. Representative Rose."

"The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."

"Ask him. Yes, he'll yield."

"Okay, Representatives, your time is expired. Give you another minute to finish the conversation, please."

"Representative Rose to close."

"The question is, 'Should House Bill 5966 pass?' All those in favor signify by voting 'yes'; those opposed 09600118.doc 122  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Sara Feigenholtz? Mr. Clerk, take the record. On this Bill, there's 113 Members voting 'yes', 2 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Tom Holbrook, you have House Bill 4674. Read the Bill, Mr. Clerk."

"The Gentleman from St. Clair, Representative Tom Holbrook."

"Thank you, Speaker. House Bill 4674 is an agreement that's been reached for the educational opportunity for military children in the state. It allows us to join a compact under our state provisions. Provides many programs for their children and I want to, before I go any further, thank Representative Roger Eddy for his extensive work that made this possible. I know of no opposition to this Bill, and it's a good program for our military children."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 4674 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 Frank Mautino, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. 09600118.doc 123  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 Representative Bill Black, you have House Bill 6213 on the Order of Third Reading. Read the Bill, Mr. Clerk."

"The Gentleman from Vermilion, Representative Bill Black."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 6213 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all 09600118.doc 124  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 3 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what's the status of Constitutional Amendment House Joint Resolution #19?"

"Is Representative Lang on the floor? Read the Resolution, Mr. Clerk. Move that Resolution to the Order of Third Reading and read the Resolution, Mr. Clerk."

"The Clerk will leave that Resolution on the Order of Third Reading. Representative Harris, for what purpose do you seek recognition, Sir?"

"Thank you, Mr. Speaker. I would like the record to reflect that on House Bill 6213 I inadvertently hit the wrong switch and would like to be recorded as voting 'yes'."

"The record will… the Journal will reflect your intentions, Sir."

"Thank you."

"Representative Kevin McCarthy, on the Order of Third Reading on page 19 of the Calendar, you have House Bill 5419. 5419. I'm sorry, we have House Bill 6092, Representative McCarthy, my mistake. Mr. Clerk, House Bill 6092. Wish to move the Bill, Representative? Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Kevin McCarthy."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 6092 is an initiative of the Federation of Independent Illinois Colleges and 09600118.doc 128  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 Universities. The… last year with Senate Bill 1828 we created the P-20 Longitudinal Data System. This basically allows the private colleges and universities to form a consortium to put their information together and then submit it to the state. It also asks the state, it doesn't demand it, but it asks them to look for possible grants that can help with the funding of this consortium. It also allows private colleges to keep their information here in Illinois. So if the P-20 Data System is being used in other states, some of the information is being shifted from Illinois to other states, this gives the right… the colleges the right to say we don't want to move forward with this. The Bill passed unanimously out of the Higher Ed Committee and I would appreciate an affirmative response on the vote."

"You've heard the Gentleman's explanation on House Bill 6092. Is there any discussion? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."

"Sponsor yields."

"For-profit like DeVry?"

"DeVry would be included, correct?"

"I know that… I know DeVry supports this because they felt that they were included in the legislation. So it basically was… I think they were included before when we created it last year to tell you the truth, Representative. The… this just allows the private universities to prohibit their information from leaving the state if they feel that's necessary and also… or the information would be confidential. And is also asks them, asks the Board of Higher Ed, although there is no mandate that the Board of Higher Ed does that, but that they would look for some kind of grants that would allow them to forego the cost of this. But as part of the… I think I'd have to check with my Board of Higher Ed people and as far as whether it opens up to all the for-profits."

"I would certainly ask the Senate Sponsor to look very closely at that. In turning around and looking for some help… You know, all the time they have people back there bothering you, now you look for some help and there's no one behind me, Mr. Black. So… but I…"

"Then they wouldn't make them." 09600118.doc 130  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Time has expired. Representative Black, we'll let you finish your question."

"Absolutely, and that was changed under the first Amendment to the wording that the Board of Higher Ed felt comfortable with."

"Representative McCarthy to close."

"Thank you, Mr. Speaker. I would appreciate an affirmative vote."

"Question is, 'Should House Bill 6092 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 Black? Mr. Clerk, take the record. On this Bill there's 114 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Debbie Mell, you have House Bill 5419 on the Order of Third Reading. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Lady from Cook, Representative Debbie Mell." 09600118.doc 131  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Mr. Speaker and Members of the House, I'm not often… or I'm not sure how often this happens, but the language in this legislation was actually enacted on a national level today when President Obama signed the Health Care Reform Bill. So his… the language in that Bill actually goes much further than the language in this Bill. But, you know, I just wanted to recognize that this will now be done on a national level, so we don't need to enact anything on a state level. And I would also like to recognize and thank Representative Flowers because she's been working on this way longer and way before I got here and probably before they were thinking about it on the federal level. So I'd like to remove it from the record and I'd like to thank everyone for their support. Thanks."

"Mr. Clerk, take that Bill out of the record at the request of the Sponsor. I'm going to be calling some Bills for the purpose of moving to Third Reading so Members, I'll go through this alphabetically. Representative Monique Davis, on page 16 of the Calendar you have House Bill 6450. Status of that Bill, Mr. Clerk."

"Representative Davis on Floor Amendment #3." Davis, M.: "Thank you, Mr. Speaker. Floor Amendment #3 merely allows those who have no other restrictions on their 09600118.doc 132  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 license to drive between 8 a.m. and noon in order to seek employment."

"You've heard the Lady's explanation on the Amendment. Is there any discussion? Representative Roger Eddy."

"Sponsor yields."

Speaker Lyons: "Your time has expired, but we'll give you another minute to finish this conversation. Go ahead, Representative, answer Roger Eddy's question." 09600118.doc 134  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 Davis, M.: "They have to file a motion and they have to show there's no other reasonable method of transportation."

"Representative… Representative Washington."

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

"Sponsor yields."

"Representative Davis." Davis, M.: "Yes."

"So I guess in difficult economic times you are profiling people who might have the need to go from one point to the other to seek employment in order to meet an obligation, one of those obligations being child support payment. Is that correct?" Davis, M.: "That is correct."

"And so these individuals who would need some flexibility in doing so, do they already have… What would 09600118.doc 135  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 be the restriction already in place that they would have to overcome?" Davis, M.: "The restriction is that they cannot drive an automobile. Their licenses have been restricted. And the reason they can't drive is because they have not been paying child support. But with this legislation if they're seeking employment, if they're going from point (a), their home, to an interview or a scheduled interview, then they can seek a waiver and drive from 8 a.m. till noon, Monday through Friday."

"So the waiver will be sought after they clearly have a legitimate possibility for employment?" Davis, M.: "Not necessarily legitimate, you know, exact location. But let's say for example a person is unemployed and they want to go for an interview that they saw in the newspaper and the interview is at a certain location. They would have the opportunity to go there for that interview."

"But who would be the reporting agency that they report to, to show that that was a legitimate cause and that they actually pursued that in…"

"Representative, your time is expired. We'll give you one more minute to finish this question. Representative Davis."

"My question was who would be the person that they would report what they're doing and where they're going to show that that actually is an attempt to do so?" Davis, M.: "It would be the human service agency or the court if it were required." 09600118.doc 136  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"And if they're caught not being truthful to what they're trying to do, then what takes place?" Davis, M.: "It would be revoked. The license driving privilege would be revoked."

"Okay. To the Bill."

"To the Amendment, Representative."

"Representative Davis, I appreciate your intent. Sounds like a good Bill and I'm hoping that my colleagues will support it. Thank you."

Speaker Lyons: "Gentleman from Morgan, Representative Jim Watson."

"Sponsor yields."

"Representative Ramey."

"Sponsor yields."

"Representative, your time is expired. Give you one more minute to finish your line of questioning. There's several other speakers waiting to be questioned."

Speaker Lyons: "Will you request a roll call and then a verification? Okay, so noted. Representative Chapin Rose. We have four or five other speakers. Representative Rose."

"Representative Black."

"Sponsor yields."

"Representative Reboletti."

"Sponsor yields."

"Representative Davis to close." Davis, M.: "I just think this is a great piece of legislation that will allow unemployed people to find work and pay some child support. With the economic times that we're now living in, people are having to find different types of employment and sometimes from a greater distance from their home. I would appreciate an 'aye' vote."

"All right, Members, there's been a request for a Roll Call Vote for Amendment #3 and a request for verification, so push your own switch. Mr. Clerk, Members… All those in favor of the adoption of Floor Amendment #3 vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have 09600118.doc 143  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 all voted who wish? Black, Brady, Golar, Rita. Mr. Clerk, take the record. On this Bill… on this Amendment, there are 72 Members voting 'yes', 38 Members voting 'no', 3 Members voting 'present'. Mr. Ramey, you no longer wish to pursue your resolution… the resolution… the adopt… Amendment #3 to Floor Amendment… to House Bill 6450 is adopted. Anything further, Mr. Clerk."

"Third Reading. Representative Jack Franks, hopefully you'll have a little better luck with your Amendment. What's the status of House Bill 4658? Read the Bill, Mr. Clerk."

"Representative Jack Franks on Floor Amendment #2."

"Thank you, Mr. Speaker. We had this in committee today. What Floor Amendment #2 does is it brings the Bill back to its original form. I had good advice from my good friend, Representative Rose, who indicated that he thought the Bill would be better in the original form and that's what this does. I'd be happy to debate it if you'd like or we could do this on Third Reading."

"You heard the Gentleman's discussion on Floor Amendment #2. Is there any discussion? Seeing none, all those in favor of its adoption signify by saying 'yes'; 09600118.doc 144  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 those opposed say 'no'. In the opinion of the Chair the 'ayes' have it. The Amendment's adopted. Anything further, Mr. Clerk?"

Speaker Lyons: "Third Reading. The Chair recognizes the Gentleman from Winnebago, Representative Dave Winters. For what purpose do you seek recognition, Representative?"

"State your inquiry."

Speaker Lyons: "Representative Davis, your response is optional." Davis, M.: "I will tell him where the police statue is when he gets his side of the aisle to vote right."

Speaker Lyons: "Mr. Clerk, back to the Order of Second Readings. Representative Golar, you have House Bill 5836. Representative Golar, do you wish to move your Bill from Second to Third Reading? What's the status of that Bill, Mr. Clerk?"

"Representative Golar."

"Thank you, Mr. Speaker. Recommendation to adopt Floor Amendment #2 to House Bill 5836. It becomes the Bill. The language, it clarifies that a school is still not liable for injuries resulting from self-administration of an asthma inhaler or an EpiPen, regardless of whether an authorization was given by the student, parent, or physician."

"You've heard the Lady's explanation on the Floor Amendment #2. Is there any discussion? Seeing none, all those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment's adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Beth Coulson, you have on the Order of Second Reading House Bill 5565. Read the Bill, Mr. Clerk."

"Representative Beth Coulson on Floor Amendment #1."

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

"Third Reading. Representative Emily McAsey, you have House Bill 6477. Read the Bill, Mr. Clerk."

"Representative McAsey on Floor Amendment #1."

"Thank you. Floor Amendment #1 is a gut and replace Amendment and what this Amendment then does is it's an Amendment to the Illinois Power of Attorney Act. It makes various changes relating the duration of agencies, the agent's duties, co-agents, successor agents. It's a clean up of the Act and clarifies. I would be happy to answer any questions or discuss the Bill when on Third Reading and would move for the adoption of the Amendment."

"Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #1 signify by saying 'yes; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Anything further, Mr. Clerk." 09600118.doc 147  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Third Reading. Representative McAsey, you also have House Bill 6380. Read the Bill, Mr. Clerk."

"The Lady from Will, Representative McAsey, on Amendment #1."

"Thank you, Mr. Speaker. House Amendment #1 is a gut and replace Amendment. What this Amendment does is changes the constitution of the Joliet Regional Port District by adding one member to the board and then makes changes related to quorum, veto requirements, and I would move for the adoption of the Amendment."

Speaker Lyons: "You've heard the Lady's explanation on Amendment #1. Any questions? Seeing none, the question is, 'Should Amendment #1 be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and Floor Amendment #1 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Yarbrough, you have House Bill 5520… House Bill 5523. Read the Bill, Mr. Clerk."

Speaker Lyons: "Representative Karen Yarbrough and Floor Amendment #2."

"Thank you, Mr. Speaker. Floor Amendment 2 is an initiative we worked together with the opponents on this Bill. There was no opposition and I ask for an 'aye' vote."

"You heard the Lady's explanation. Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Mike Fortner, you have House Bill 5555. Read the Bill, Mr. Clerk."

"Representative Mike Fortner on Floor Amendment #2."

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

"Third Reading. Representative David Leitch, you have House Bill 5304. Representative Leitch. Read the Bill, Mr. Clerk."

"Representative David Leitch on Floor Amendment #2."

"You heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Anything further, Mr. Clerk?" 09600118.doc 150  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Third Reading. Representative Bob Rita, you have House Bill 6239. What's the status of the Bill, Mr. Clerk?"

"Representative Rita on Floor Amendment #2."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #2 just adds the provision for population 750,000 people, not just the Home Rules."

"You heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Rita, you also have House Bill 6415. Read the Bill, Mr. Clerk."

"Representative Rita on Floor Amendment #1." 09600118.doc 151  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Thank you, Mr. Speaker. Floor Amendment #1 just extends the sunset date for two years instead of one year."

"You heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Anything further, Mr. Clerk?"

"Representative Rita on Floor Amendment #2."

"Yeah, you know what, I guess Floor Amendment #1 was the educational piece, Floor Amendment #2 was the sunset."

"You've heard the Gentleman's explanation, a correction on Floor Amendment #1 and the explanation of Floor Amendment #2. Is there any discussion? Seeing none, all those in favor of Floor Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Jerry Mitchell, you have House Bill 5633. Read the Bill, Mr. Clerk."

"Representative Eddy on Floor Amendment #1." 09600118.doc 152  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Is there any discussion on Floor Amendment #1? Seeing none, the question is, 'Should it be adopted'? All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and Floor Amendment #1 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative JoAnn Osmond, you have House Bill 4877. Read the Bill, Mr. Clerk."

"Representative JoAnn Osmond."

"You've heard the Lady's explanation on the Amendment. The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."

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

"The Sponsor yields."

"Representative, why do we want to do this when the original Bill seemed to be so much stronger?"

"But even with this notice it's going to be going to the state rep… I can tell you what, I had the same problem 09600118.doc 154  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010 in McHenry County and what they did to try to appease me is they… is the county board, the planning and development would send to my office a notice. They wouldn't send it to anybody else. They wouldn't send it to contiguous landholders; they wouldn't send it to anybody in the precinct or the… or the township. So I took it upon myself, I would get that information and I would, at my own expense, send it out to everybody. Okay. But they're not even doing that. Why don't you require them to give people notice? I mean, sending it to you, all that does is shift the burden to you, instead of to the entity that's going to be the final decision maker. And in every other zoning application, the person who was requesting it has that onus upon then, except for those that are siting cell towers. So why don't we put some more teeth into this and require if you want the information, which I think we do, is to require the county to actually have to send it out and also give a time for response. I think it's a great first step, but this doesn't go nearly far enough. I think it's not really even a baby step because all they're doing is shifting the onus to you to do their job."

"I think we'd be better off not taking this because this is more of appeasement and I think if we're going to do something, let's actually do something. This won't do anything except to shift the burden where it doesn't belong and then if you don't put the notice out there, then you're the one who's in trouble. But to people who are voting on it and the one who has to make the decision, they're insulated. I think this actually makes it worse. I'd hate to codify something like this that would shift the burden to the non-decision makers to shelter those who ought to be accountable directly to the voters. So I would ask yet to go back to the drawing board and let's do an Amendment #3, and if we're going to have a notice requirement make the decision makers send the notice, not you because you don't have a voice in it."

"I'd be happy to do so. But can we not move this mo… can we not move this Amendment right now? Can we do another one? I think because the only way we're going to go forward on this is to put some teeth in it. This is… this is actually a step backwards in my opinion."

"Can we ask for extended consideration on this Bill? Can we move it to Third today and then we can ask to see if we can get extended consideration?" 09600118.doc 156  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Okay."

"All right, thank you."

"Seeing no further discussion, all those in favor of Floor Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Mr. Clerk, what's the status of Senate 642? Read the Bill, Mr. Clerk."

"We'll hold that Bill on the Order of Second Reading. Mr. Clerk, what's the status… Representative Flowers has House Bill 4679. What's the status of that Bill? Read the Bill, Mr. Clerk."

Speaker Lyons: "Third Reading. Mr. Clerk, committee announcements." 09600118.doc 157  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"And now seeing no further business to come before the Illinois House… Representative Brandon Phelps, do you have an announcement? Representative Phelps. Mr. Clerk, before we adjourn the Agreed Resolutions."

"Representative Lang moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair the 'ayes' have it and the Agreed Resolutions are adopted. Representative Karen May, for what purpose do you seek recognition?"

"Yes, I have an announcement, please, Speaker. The Green Caucus will meet tomorrow morning, 8:00 a.m., in Room C-1. Marcia Willhite, Chief of our Bureau of Water at our EPA, will be talking about green infrastructure projects. Thank you." 09600118.doc 158  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 3/23/2010

"Thank you, Representative. And now, seeing that no further business will come before the Illinois House of Representative today, Representative Lou Lang moves that the House stand adjourned until the hour of 11:00 a.m. on Wednesday, March 24. So allowing perfunctory time for the Clerk, Representative Lang moves to stand adjourned. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the House stands adjourned till the hour of 11:00, Wednesday, March 24."