Illinois House Floor Debate — March 25, 2010

"The hour of 10:00 having arrived, the House shall be in order. 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. We shall be led in prayer today by Pastor Steve Ziegler who is with First United Methodist and Congregational Church of West Chicago in West Chicago, Illinois. Pastor Ziegler is a guest of Representative Fortner. Pastor Ziegler."

"We'll be led in the Pledge of Allegiance today by Representative Sacia." Sacia – 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 Bost."

"Representative Lang."

"Thank you, Mr. Speaker. Representative Hannig would be excused on our side today, Sir."

"Mr. Clerk, take the record. 115 Members answering the roll, a quorum is present. And the House is prepared to do its work. Mr. Clerk."

"On Supplemental Calendar #1 appears House Bill 4935, Representative Reitz. Mr. Clerk, read the Bill."

"Third Reading. Representative Black, on the Calendar appears House Bill 6241 on Second Reading. Read the Bill."

"The Gentleman from Vermilion, Representative Black."

"The Gentleman has moved adoption of Floor Amendment 2 to House Bill 6241. And on that question, Representative Sacia."

"He indicates that he will."

"Further discussion? The Gentleman from Lake, Representative Sullivan." 09600120.doc 6  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"The Gentleman has moved adoption of Floor Amendment #2. All in favor say 'yes'; opposed 'no'. The 'yeses' have it and the Amendment is adopted. Any further Amendments?"

"Third Reading, and read the Bill a third time."

"Take this Bill out of the record. Mr. Clerk, page 15 of the Calendar is House Bill 4781. Representative Colvin. Read the Bill."

Speaker Mautino: "The Gentleman from Cook Representative Colvin." 09600120.doc 7  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Thank you, Mr. Speaker. House Bill… I have for your consideration this morning House Bill 4781, which is the State of Illinois's attempt to regulate and bring some regulation to a growing industry, not only in Illinois but in the United States of America. It deals with the businesses of debt settlement, companies who do business with Illinois consumers and people around the country in an attempt to help them resolve outstanding personal debt. What we've found in many of these companies, and not all but many of these companies, quite frankly, is anything but that settlement. Oftentimes, people contract with these firms in an attempt to help resolve their debt. Unfortunately, their success rate hasn't been all what we had hoped for. Now, while they make no guarantees that they will be able to resolve anyone's debt, what… the real troubling problem, with regard to that settlement, is quite frankly, some of their fee structures and what they will contractually agree to accomplish. We've put together a comprehensive Bill, in an exhaustive fashion, to address some of those concerns that exist with respect to debt settlement. One of our main goals was to codify and deal with the issue of how these companies are paid and how they are dealt with in a contractual basis with their clients and potential clients. The Bill makes several provisions, several very important provisions. It allows debt settlement companies to charge their customers a maximum of 15 percent of the savings from which they agreed to settle debt of the debt they actually settle. It provides that secretary of the Department of Financial and Professional 09600120.doc 8  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Regulation will set application fees for debt settlement providers by rule. It also allows debt settlement providers to charge a onetime enrollment fee of $50. It provides for a surety bond to be issued for performance of such duties as laid out in their contractual agreement with their customers. It provides a number of other provisions I'd be happy to discuss in questions and answers. I know there'll be questions. I'll be happy to answer any questions that any Members may have."

"The Gentleman has moved passage of House Bill 4781. And on that question, the Gentleman from Lake, Representative Sullivan."

"Give the Gentleman another minute. Now, this Bill is on Short Debate. There are a number of speakers requesting to speak on the issue. Please give them some additional time."

"Yes, we can."

Speaker Mautino: "The Bill is on Standard Debate. The Gentleman from Vermilion is seeking recognition, Representative Black."

Speaker Mautino: "Further discussion? The Gentleman from DuPage, Representative Reboletti. Out of the record. Representative Lang, the Gentleman from Cook.

"Thank you, Mr…"

"Further discussion?"

"Thank you, Mr. Speaker. I rise in support of the Bill. This has been worked through very carefully and Mr. Black made some very important comments on the Bill and he's totally correct. Many of these companies will say to the consumer stop paying your bill and they do that because they have been charging based on the person's total debt rather than the amount of money they actually saved the people. This Bill will put a cap on fees and put a… cap on the fees and base the fees on what these companies actually save the consumer, not what their total debt is. What they've been doing has been inappropriate and unfair. There is a place for these companies. I'm glad the Bill doesn't go far enough as to abolish them or make it more difficult for them to do their work because they do provide a valuable service to some of our constituents. However, some of these companies have run amuck, certainly not all of them, but to the extent that some have, we need to rein 09600120.doc 14  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 in some of the bad practices and this Bill will go a long way toward doing that. I recommend your 'aye' vote."

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

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

"Indicates he will."

"Representative, there… does this Bill apply to the companies that advertise that they'll be able to reduce your tax burden to the IRS?"

"It's an element of the business. Certainly, we're talking about companies that contact Illinois consumers with the promise that they will reduce their debt burden. I have seen those ads where those companies specifically speak to reducing one's tax burden, but what we're going on… what we're doing here is targeting the debt settlement companies with respect to many and the vast majority of these cases personal consumer debt, where people have gotten in over their heads and contact these companies to deal with consumer debt."

"But it's your understanding that under the definitions in the Act that a company that represents itself that can lower your burden…"

"Yes. Yes."

"…to the IRS is covered."

"To your point, yes. Correct."

"Thank you… thank you, Representative."

Speaker Mautino: "Our final speaker will be Representative Yarbrough."

"Thank you, Mr. Speaker. Will the Gentleman yield?" 09600120.doc 15  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"He indicates that he will."

"Representative, I want to thank you for the hard work that you put forth on this Bill as well. To the Bill, Mr. Speaker. I was actually carrying a very similar Bill for the Treasurer's Office and for the Treasurer's Office and the Attorney General's Office to come together and put this Bill forth, I would also want to acknowledge them as well. And ask my colleagues for an 'aye' vote. Thank you."

"Representative Colvin to close."

"Thank you, Mr. Speaker. I want to thank my colleagues who spoke so well in defense of this piece of this legislation. Representative Black and Representative Lang, as a result of their years of experience and knowledge, I think did a very good job articulating what we were trying to accomplish on the behalf of the Illinois consumer. This is a very good consumer protection Bill. It has a lot of fixes to a lot of abuses that we've experienced here in the State of Illinois. I want to thank our Attorney General, Lisa Madigan, and our State Treasurer, Alexi Giannoulias, for coming together in a collaborative fashion, to come up with one good consumer protection Bill. Their offices and their staffs have worked very hard to put together what, I think, is a very good piece of legislation that goes a long way to regulate and curb the abuses that we've seen. And the abuses are real. Our Attorney General is suing seven companies, seven, not several, but seven different debt collection companies that have harmed Illinois consumers. These are not frivolous lawsuits. They're very real and 09600120.doc 16  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 they're asking for very real damages for people who have been harmed by these companies. I appreciate the people who came to committee. Real Illinois citizens who testified and put their business, 'in the street' and told about their enormous debt, how they contacted these companies out of desperation, only to end up in worse shape than when they first made those phone calls. There was an issue brought up about surety bonds. Well, anyone who performs a professional service for you is required to have a surety bond in the State of Illinois. It's standard business procedure. There's nothing new or radical about asking someone to guarantee their work with a performance bond, which is what a surety bond really is. Having said that, I again I just want to thank all those individuals who worked on this. We spent an awful lot of time and effort putting this together. And I'd appreciate an 'aye' vote. Thank you."

"The Gentleman moves passage of House Bill 4781. On that question, 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 Golar, Fritchey, do you wish to be recorded? Mr. Clerk, take the record. 106 voting ‘yes’, 9 voting ‘no’, 0 voting ‘present’, House Bill 4781 is declared passed. Mr. Clerk, page 27 of the Calendar is House Resolution 858. Representative May. Read the… read the Resolution." 09600120.doc 17  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Representative May."

"Thank you Speaker, Ladies and Gentlemen of the House. I bring together a very important Resolution this morning for pediatric cancer awareness, and I'd like to ask in the gallery all of the kids from the Children's Oncology Services, Inc. to arise at this time. This is a salute to these brave children. We have twenty of them who are ages 12 to 15. Their are long-term survivors of cancer and leukemia. There stories are very compelling and I know many of them came to your offices to tell you. From ages 1 and 5 and 6 and 10, they were flown by helicopter to Children's Memorial Hospital. They've undergone radiation. They've undergone chemotherapy. They've undergone blood transfusions. They've undergone surgeries, and they have a very optimistic outlook on life. They are here as a learning experience because they will have health care issues for the rest of their life. They are learning how to advocate and to work with the legislature and other public policy officials to advocate for services that they will need. They are very, very brave children. They're here with volunteers, Penny Yoselle and Jeff Farkas, and I'd like to especially mention Jack Trapani who's, I believe, 12 from Deerfield, who is my constituent. But they've come to visit you and tell you their story. So, we are designating this week as Pediatric Cancer Awareness Week. There are great cure rates, 900 people ages 16-44 09600120.doc 18  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 are survivors of pediatric cancer and we are grateful for that, but they have long-term medical, financial, psychosocial and neural cognitive problems that will be them… be with them for the rest of their lives. As they talk to me, and as they talk to you, they said can't we just find a pill so we don't have to go under these radical treatments for our cancer? While they're grateful to be alive, they have gone under some incredible treatment protocols. We are hoping that they will lead long and productive lives. So, whether they become a Philadelphia lawyer, a Chicago doctor, a New York stockbroker, or a scientist, I hope that one of them, or all of us can work with them so that we dis… discover a cure for cancer. I ask you to join me in passing Resolution 858 for Pediatric Cancer Awareness Week. Thank you very much."

"The Lady moves adoption of House Resolution 858. All in favor say ‘yes’; opposed ‘no’. The 'yeses' have it. The Resolution is adopted. Congratulations, welcome to Springfield. It's the Chair's intention to go to Bills on Second Reading. Mr. Clerk, on the Calendar page… Representative Reitz, page 13 of the Calendar is House Bill 6420. Read the Bill."

"Representative Reitz on Floor Amendment #1."

"Thank you, Mr. Speaker. This is an initiative of the Department of Professional Regulation. We're trying to 09600120.doc 19  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 clarify and put a few more stringent requirements in for funeral directors and at need funerals. And I'd be happy to answer any questions."

Speaker Mautino: "The Gentleman moves 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. Any further Amendments?"

Speaker Mautino: "Third Reading. Representative Reitz, on Second Reading, you have House Bill 5224. Read the Bill."

"Representative Reitz."

"Thank you, Mr. Speaker. On this Bill, we have taken out the penalties that we had in for radon protection. We're just trying to get… raise the awareness on radon."

"Representative Reitz has moved adoption of Floor Amendment #1. No one seeking recognition, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Further Amendments?"

"Third Reading. As long you're standing, Representative Reitz, House Bill 5991 is on the Calendar. Read the Bill."

"Third Reading. Representative Bassi, House Bill 5596 on Second Reading. Read the Bill."

"Representative Bassi."

"You're correct. The Amendment is posted for committee today."

"Representative Kosel, House Bill 5631 is on Second. Do you wish to move this Bill to Third? Representative Kosel."

Speaker Mautino: "Representative Moffitt, House Bill 5590. Read the Bill."

"Representative Moffitt."

"Gentleman moves adoption of Floor Amendment #1. No one seeking recognition, all in favor say 'yes'; 09600120.doc 21  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 opposed say 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, further Amendments?"

"Third Reading. Representative Reboletti, on Second Reading is House Bill 5019. Would you like to move this Bill to Third Reading? Read the Bill."

Speaker Mautino: "Third Reading. Representative Reboletti, House Bill 5381 appears on the Calendar. Would you like to move this Bill to Third Reading? Read the Bill."

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

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

"The Gentleman moves passage of House Bill 5381. And on that, question the Lady from Grundy, Representative Gordon." Gordon, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"He indicates he will." Gordon, C.: "Thank you. Representative Reboletti, I understand you adopted the Amendment. People are going to enter into this voluntarily, but there's no guarantee that this notice couldn't go into a spam mailbox or into a trash mailbox. Is that correct?"

"Representative Reboletti to close."

"The Gentleman has moved passage of House Bill 5381. 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. 113 voting 'yes', 2 voting 'no', 0 voting 'present', House Bill 5381 is declared passed. Representative Turner on Second Reading is House Bill 4847. Would you like to move this Bill? Read the Bill." 09600120.doc 24  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"The Gentleman from Cook. Third Reading. Representative Turner, on the Calendar is House Bill 6038. Would you like to move this Bill to Third Reading? Read the Bill."

"Third Reading. Representative Turner, House Bill 5007. Would you like to move this Bill to Third Reading? Read the Bill."

Speaker Mautino: "Third Reading. Representative Zalewski, House Bill 4931 is on Third Reading. Read the Bill."

"Mr. Clerk, out of the record. House Bill 6416. Read the Bill."

"Representative Zalewski on Floor Amendment #2." 09600120.doc 25  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Thank you, Mr. Speaker. Floor Amendment #2 becomes the Bill. It is a technical upgrade of the state's explosive statutes. It's a piece of legislation on behalf of the Department of Natural Resources."

Speaker Mautino: "The Gentleman 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?"

"Third Reading. Representative Rose, House Bill 5124. Read the Bill."

"Representative Rose on Floor Amendment #1."

"The Gentleman has moved adoption of Floor Amendment #1. On that question, the Gentleman from Vermilion, Representative Black." 09600120.doc 26  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"He says he'd be delighted."

Speaker Mautino: "No one else seeking recognition. The Gentleman moves adoption of Floor Amendment #1 to House Bill 5124. All in favor say 'yes'; opposed say 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Representative Thapedi, on the Calendar is House Bill 5409. Read the Bill."

Speaker Mautino: "Representative Thapedi on Floor Amendment #1."

"Thank you, Mr. Speaker. Essentially, Floor Amendment #1 resolves an issue that we had in committee. It's a collaborative effort between the industry as well as the realtors, the attorneys, the banks. And we're asking for its adoption and to move forward to Third Reading."

"Gentleman moves adoption of Floor Amendment #1 to House Bill 5409. All in favor say 'yes; opposed 'no'. The 'yeses' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Representative Thapedi, on the Calendar is House Bill 1545. Would you like to move this Bill to Third Reading? Representative Mendoza, House Bill 5772 appears on the Calendar. Would you like to move this Bill? Read the Bill."

"Representative Mendoza on Floor Amendment 2."

"Thank you, Mr. Speaker. Floor Amendment #2 becomes the Bill. And it requires that when a person goes to purchase a puppy or cat at either a pet store or an animal shelter that certain information be displayed either on or near the cage. That would include the retail price of the 09600120.doc 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 dog or cat, including any additional fees or charges, the breed, age, date of birth, sex, and color of the dog or cat, details of inoculations or medical treatments that the animals have received while under the possession of the owner… of the operator, I should say. This information would be updated…"

"Representative Mendoza, would… there is an Amendment 3 on this Bill."

"This is the Amendment. This is…"

"Okay. You're speaking to Amendment 2."

"Oh, I'm sorry."

"Would you like to withdraw Amendment 2 and speak to Amendment 3?"

"Please table Amendment 2 and move to Amendment 3, yes."

"Withdraw Amendment 2. Place Amendment 3 on the board. Representative Mendoza on Amendment 3."

"All right. So, what I had said earlier goes for Amendment #3. The name and business, address of both the dog or cat breeder and the facility where the dog or cat was born, the number of animals bred at that particular location, any known citations or fines issued to the pet store operator within the previous five years by the Illinois Department of Agriculture. As well as any known citations or fines issued to the breeder within the last five years prior of the pet shop operator taking possession of the dog or cat by the USDA respective State Department of Agriculture, any known congenital or hereditary diseases of the parents of the dog or cat or the parents other 09600120.doc 29  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 offspring. And if eligible for registration with Pedigree Registry, then the name and registration numbers of the sire and dam, and the address of the Pedigree Registry where the sire and dam are registered. Also, if the dog or cat was returned by a customer, then we'd want to know the date and reason for the return. The total number of puppies or kittens that were born at the breeder's facility in the prior calendar year, the licensees policy regarding any guarantees, warranties, refunds, or returns, the pet shop operator's license number issued by the Illinois Department of Agriculture. And you know the impetus behind this Bill obviously being that I think it's very important that consumers make the best informed choice about their purchase or adoption prior to falling in love with the puppy or the cat. I would ask for your favorable consideration. Thank you, Mr. Speaker."

Speaker Mautino: "The Lady has moved adoption of Floor Amendment #3. And on that question the Gentleman from Champaign, Representative Rose."

"Indicates she will."

"The Humane Society of the Untied States."

"Happiness Is Pets is a private pet store and they do not feel that it's important to provide consumers with the information that I believe is important for them prior to their purchase."

"It's Happiness Is Pets."

"I… yes, I believe happiness is healthy pets, and…"

"…well-informed decisions, yes."

"The pet store Happiness Is Pets is opposed, not happy pets."

"The Gentleman from Vermilion, Representative Black."

"I do not."

"That would be three people."

"It's been endorsed by Representative Burke…"

"…I think it's good to go."

"Yes. Shelters are primarily doing this already, so they're in support of this legislation. The difference between what we are asking the pet stores to disclose and the shelters is obviously in terms of who the breeder is, because the shelters are not going to have access to that information. But pretty much everything else is something that they're already posting on the cage…"

"…which is why it's not. If a non-for-profit can do it, it's…" 09600120.doc 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"…certainly easier for a for-profit to do it."

Speaker Mautino: "The Lady has moved adoption of Floor Amendment #3. And no one else seeking recognition, all in favor say 'yes'; opposed 'no'. The 'yeses' have it and the barks. And the Amendment is adopted. Any further Amendments?"

"Third Reading. Representative Winters, you have House Bill 5603. Would you like to move this Bill to Third Reading? Mr. Clerk, read the Bill."

Speaker Mautino: "Representative Winters on Floor Amendment #1."

"No one seeking recognition, the question is 'Shall the Amendment be adopted?' All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?" 09600120.doc 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Representative Crespo, House Bill 64… Mr. Clerk, would you move that Bill to Third Reading. Mr. Crespo, House Bill 6419. Read the Bill."

"Representative Crespo on Floor Amendment #2."

"Thank you, Speaker. Amendment #2 becomes the Bill. This is an initiative of Community School District 300 in Carpentersville, District 20 in Hanover Park, District 23 in Prospect Heights. And the Bill allows two or more school districts to form an agency by inter-governmental agreement to provide electrical energy from renewable energy sources."

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

"Third Reading. Representative Golar, House Bill 6177. Out of the record. Representative Golar, House Bill 3631 is on Second. Would you like to move this to Third? Read the Bill."

"Third Reading. Read the Bill." 09600120.doc 35  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Representative Golar on House Bill 3631."

"Thank you, Mr. Speaker. The Amendment… House Amendment #2 becomes the Bill. It's Community Youth Employment Act. It increases the number of youth participants… technical changes from 30 to 100. It lengthens the program time period from six to eight weeks. It increases the maximum number of meaningful hours worked. This is an initiative of DCEO. It will provide 5 thousand jobs for the State of Illinois. It will be a RFP process. The… it is subject to appropriations; however, DCEO has filled out paperwork for this to be a competitive grant, federal grant. And we are waiting that… I have talked to Aaron DeWeese and he will keep me informed of the progress of the competitive grant. I'll be happy to answer any questions."

"The Lady has moved passage of House Bill 3631. And on that question, the Gentleman from Jasper, Representative Reis."

"She indicates that she will."

"Well, each program will be allotted a 100 youth based on the grant process. It will be similar to the Boys and Girls Clubs, Teen REACH, and so forth. And they will be doing… they have a maximum amount of hours that they have 09600120.doc 36  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 to work. And those kinds of programs, safety net programs, for many of these youth will be available, and of course it's for 501(C)(3)s."

"This is from 14 to 21, Representative."

"It is for… it is a summer employment program that will be extended for six to eight weeks."

"Well, it will… they gave me an estimate. When it was 2500, it was like a 2 million and with the 5 thousand; it will probably be like $7 million."

"It is for the State of Illinois, 5 thousand jobs."

"Grant the Gentleman another minute. Please bring your remarks to a close."

Speaker Mautino: "Further discussion? Representative Osterman."

"Will the Sponsor yield?"

"Indicates she will."

"So, Rep… Representative, this is going to be for high school age, a little over high school age kids, to work in the community in the summer time?"

"That is correct."

"And this will… you're going to work, I'm assuming, with either non-profit organizations or community organizations to come up with ideas for work?"

"Correct."

"And this is going to take a large group, what's the number… the amount of kids that we're talking about for youth?"

"Five thousand youth."

"Five thousand kids. To the Bill. Ladies and Gentlemen, when we have a tough economy, that affects families throughout our state. And it affects youth, and when there are youth that cannot get part-time summer jobs, that puts a burden on the family to deal with those needs. We are instilling in our youth when they have a summer job, working values, and going to work on time, and how to get a job, how to keep a job, and how to prepare themselves for the work environment. That's something that this Body should support. I also want to stress that in the summertime, in some parts of our state, there's a great 09600120.doc 38  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 deal of violence. And getting young people off of our streets and working for a non-profit, working for a community group, working for an employer, is a worthwhile endeavor that will get them out of harm's way and learning about the proper way to earn an income instead of pedaling drugs on our streets. So, I applaud the Lady's efforts and everyone in this House should vote for this Bill."

"The Lady moves passage of House Bill 3631. 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… Mr. Clerk, take the record. 110 voting 'yes', 5 voting 'no', 0 voting 'present', House Bill 3631 is declared passed. Representative Pihos, on page 10 of the Calendar is House Bill 6034. Would you like to move this Bill to Third Reading? Read the Bill."

"Third Reading. Representative Pihos, House Bill 6034 is on Third Reading. Read the Bill, Mr. Clerk."

"Lady from DuPage."

"The Lady's moved passage of House Bill 6034. No one seeking recognition, the question is, ‘Shall this Bill pass?’ All in favor vote ‘yes’; opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Black, Chapa LaVia. Mr. Clerk, take the record. 114 voting ‘yes’, 1 voting ‘no’, 0 voting ‘present’, House Bill 6034 is declared passed. Representative Hamos, on Second Reading is House Bill 6441. Read the Bill."

"Representative Hamos on Floor Amendment #1."

"Thank you, Speaker, Ladies and Gentlemen. I know we'll be debating this Bill at length on Third Reading. It creates the Illinois Health Information Exchange and Technology Act. It's a major initiative of the administration dealing with electronic medical records. And I… I think this is… it has been a long time in coming. This is part of where we have to go with health care reform, is to reduce costs, reduce errors, provide… deal with racial health care disparities and create a more efficient system. This has been worked out by an important group of stakeholders that includes a broad range from AARP, to the insurance industry, to the State Chamber of Commerce, to the… all of the health care providers. And 09600120.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 I'm open for questions, but I know we'll be discussing this on Third Reading."

"The Lady moves adoption of Floor Amendment #1. And on that question, the Lady from Cook, Representative Mulligan."

"Yes."

"So, what we would be creating under this Bill is a new health information exchange. We're first creating an authority which is a public/private partnership is completely the way you think about it. It has a separate board, mostly of the stakeholders involved in the health care system and they would be, over time, developing a health care exchange, which is an opportunity for health care providers to exchange data, health care data, about individual patients at the time that they need health care under, of course, privacy, under great security measures, and with patient consent. But this is an opportunity for patients to move from one provider to the other and have a… and be able to have access to their health record at the time that they need the service."

"I personally believe that the future of electronic health records is that each of us will have something like a credit card in our pocket that will have our entire health record on it. But in the shorter term, every heath care provider, whether it's a doctor's office or a hospital, will be incentivized. The federal money… the Federal Government is creating financial incentives for every office and every hospital to become technological and to have electronic medical records for each patient. So, in the shorter term, this exchange will allow for key information to be shared from one health care provider to another at the time the patients need service, but I think, you're raising an important point. Long-term, I think we're all going to have our own card."

"No, this is actually…"

"…this is actually a very serious effort, because with this Bill, we would be creating a… a health information authority. We would spin it off… out of State Government. It would set up its own board, and it would begin to work on the standards and the procedures and the protocols that…"

"The Bill is on Short Debate. We'll grant another minute to the Lady."

"Thank you. The future of health care, Ladies and Gentlemen, is for electronic health records and electronic medical records, which are what is our… our medical record at the point… at… that the provider has for each of us, 09600120.doc 43  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 for that to become electronic, and available, as we move around and get health care. The Federal Government has already given us an $18.8 million grant to launch this whole effort. They've already given us an additional $15 million for regional exchanges that are going out momen…"

Speaker Mautino: "The Lady's time has expired. Further discussion? Representative Watson on the Amendment."

"Representative Osmond."

"Indicates that she will."

"Well, I think… I think it will, actually. It will reduce… it will make data available in a very new way. In real time, and we… it will be able… we will be able to track in an aggregate what providers are doing. So, I think it will help that effort as well. It will also, in a very significant way, reduce errors and reduce duplicate services, which is what really boosts health care costs."

"Well, I think that's right because I think when doctors have information in front them and they're able to see exactly what procedures have been provided, and have been prescribed, it will allow them to all be more effective doctors. So, in that sense, it will… it will also reduce errors and assist in that effort."

"Well, exactly, and not only one doctor, but if, in fact, the patient decides to go from place to place looking for medications that they shouldn't have, they will be, the doctors who before they prescribe, will be able to track, in fact, what has already been prescribed. So, for those patients who are trying to scam the system or trying to get access to medications they shouldn't have, this will also assist in that effort."

"The Lady's moved adoption of Floor Amendment #1. The Gentleman from Cook, Representative Will Davis on the Amendment." Davis, W.: "Well, Mr. Speaker, I know we're… are we addressing the Amendment or are we going to let her adopt the Amendment and talk to the Bill?" 09600120.doc 45  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Yes. We're in the process of adopting the Amendment." Davis, W.: "So, would you like me to speak to the Amendment or wait 'til the Bill is adopted?"

"Your choice." Davis, W.: "I'll speak right now then. Will the Sponsor yield?"

"Indicates she will." Davis, W.: "Representative, the dollars that will be used to, I guess, fund this Act, as I read it in the analysis, where will those dollars come from?"

"We envision that we will not need state dollars toward this. Now, in the short-term, there are federal dollars being made available to all the states to really launch these kind of efforts, but in the longer term, we think that by creating this exchange, that health care providers will be asked to pay a fee for access to these services. A small fee, but it will be available through that kind of private funding." Davis, W.: "So, right now, there are no…"

"And let me say this to the reason, and this is a very important question and I thank you for asking it. The reason that we are spinning this off as a separate public/private authority is because what we're really hoping is that the stakeholders around the table, including the insurance companies, will be part of funding a full statewide effort." Davis, W.: "Okay. In order to implement such a health information exchange, there will be the need to contract 09600120.doc 46  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 with companies to provide various aspects of this, correct?"

"Yes." Davis, W.: "Okay. So, in your language, does your language speak to the contracting that will take place as a result? I'm asking about your language in the Bill. Does it speak to contracting?"

"Yes, it does. And I'm going to find the… the language for you." Davis, W.: "Okay. Well, since you're looking, then can you please also, as you're looking, and hopefully it will be in there, will you speak to the numbers or the percentages that will be given for minority… minority participation, minority companies, Black, Hispanic, other ethnic groups, women? Your language… does your language speak to that?"

"Yes, it does. And if we looked…" Davis, W.: "It does?"

"…and we thought ahead, because this is a very important goal of mine to share with you. The Bill says, the authority may enter into all contracts and agreements necessary. The author… the authority's expenditure of private funds are exempt from the Illinois Procurement Code. Notwithstanding this exemption, the authority shall comply with the business enterprise for Minorities, Females, and Persons With Disabilities Act. So, it is fully intended that the fees coming in, which become part of this state fund, and as well as, anything but private funds will be subject to the… the… the minority…"

"Grant the Gentleman another minute." 09600120.doc 47  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Davis, W.: "Thank you. So, it'll be subject to… so, we'll… but at some point, will you have specific percentages that exist and which those… that'll have to be met? I'm looking for something very specific, Representative, because generally, when you give the latitude for someone to make those decisions, generally, those numbers for minority participation are extremely, extremely low. And I read also in here that you have $18.8 million coming from the Federal Government, I assume to help further this effort. And I've been talking to someone from HFS, trying to make sure that there are specific minority goals placed on those dollars as well. And what lead… what prompts this, Representative, is under the past administration there was an $85 million contract, disease management contract, that was given to a company, not from Illinois, that went out without any minority participation. There is absolutely no reason why that should be. So, my objective is just to make sure that as this comes on board, that we know specifically what will be available for minority businesses, both ethnic and gender minority businesses."

"Well, and…"

"The Lady may go ahead and answer."

"Thank you. Representative Davis, I appreciate what you're saying because actually, over the next five years, there will be full deployment in all the neighborhoods with all the health care providers for getting online service, I mean, electronic systems in place. And there will be a lot of vendors out there. This Bill is not going to regulate that. The… there will be a lot of activity though for 09600120.doc 48  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 minority, potentially minority vendors and I… I agree with you that we should take an overview of that, but I don't… it's going to happen in every neighborhood with every health care provider for their own… using their own ways to contract, but this Bill… but this Bill… this Bill… but this Bill doesn't have to do with that. This Bill sets up a small office that provides for an exchange and it will be just one component of a statewide effort. This Bill doesn't do that. And I think to the extent that we should look at that, this does not regulate every provider in the state. It is not contemplated that every doctor… every doctor's office, every hospital has to now come to the state…"

Speaker Mautino: "The Lady has moved adoption of Floor Amendment #1. All in favor say ‘yes’; opposed say ‘no’. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, further Amendments?"

"Third Reading. Representative Brady, House Bill 5630. Read the Bill."

"Third Reading. Representative Black, House Bill 5295. Read the Bill."

"Representative Black. Third Reading. Read the Bill a third time."

Speaker Mautino: "Gentleman from Vermilion, Representative Black."

"The Gentleman moves passage of House Bill 5295. All in favor will vote ‘yes’; opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Durkin, Lang, do you wish to be recorded? Mr. Clerk, take the record. 111 voting ‘yes’, 3 voting ‘no’, 0 voting ‘present’, House Bill 5295 is declared passed. 09600120.doc 50  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Representative Brady. Mr. Clerk, on House Bill 5630, what's the status of that Bill?"

Speaker Mautino: "Bring that Bill back to Second Reading. Representative Brady, House Bill 5630 has a Floor Amendment #2. Representative Brady on Floor Amendment #2 to House Bill 5630."

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

"Third Reading. On page 27 of the Calendar appears House Joint Resolution 110, under the Order of Resolutions, Representative Graham. Mr. Clerk, read the Resolution."

"The Lady from Cook, Representative Graham."

"Thank you, Mr. Speaker. Serving on Human Services Appropriations and having several shelters in my district and in and around the city in the State of Illinois, it's come to my attention that several of the shelters have a hard time operating because their budgets have been cut drastically. This Resolution was put together by the… by myself, the Shriver Center, PADS, and Intervoice, Incorporated who helped me when I was living in a shelter. This earth Resolution to urge the President, as he continues to send money to help the state on various issues, to not forget about the homeless shelter programs. Because of the high foreclosure rate, people are needing the shelters more and more. There was also… there is also a waiting list, but the waiting list has grown tremendously. So, I ask for the adoption of this House Joint Resolution so that we can send it on to the President and ask him not to forget about the homeless shelter's facilities."

"The Lady has moved adoption of House Joint Resolution 110. And on that question, the Gentleman from Cook, Representative Lang."

"Thank you. Will the Lady yield?"

"Yes."

"Thank you." 09600120.doc 52  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Indicates she will. She said she still will for a little while."

"Rep… Representative, I'm going to vote for your Resolution. It's a very well-thought-out Resolution. Would this be your last act on the House Floor?"

"Yes, Representative Lang."

"Well, just let me take a moment and wish you Godspeed and good luck with your new career and I know we'll be talking soon. I hope you pass this last Resolution."

"Thank you."

Speaker Mautino: "The Lady moves adoption of House Joint Resolution 110. All in favor say ‘yes’; opposed ‘no’. The Resolution is adopted. Representative Will Davis, the Gentleman from Cook." Davis, W.: "Thank you very much, Mr. Speaker. First of all, I would ask consent of the Body that every Member of the House be added as a cosponsor. Hopefully, you support the issue, but if you're… if you don't please, let us know, but that every Member of the House be added as a cosponsor to the Representative's last Resolution here in the House. And I'd like to take this opportunity as chairman of the Legislative Black Caucus to wish Deborah Graham well. As you all know, that she will be leaving us today, very soon actually, and… so that she can prepare herself to be sworn in tomorrow as the new alderman in the 29th District. And I'm reminded back in 2003 that we all… we came in together. She was my classmate in 2003 in the 93rd General Assembly. And with the help of Tim Mapes, I tracked down a little information. And the class of 2003 was one of the largest, 09600120.doc 53  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 I believe, one of the largest classes that was ever sworn into the General Assembly. And there were a total 22 Members that were sworn in in that particular class. And out of those 22, 6 of them have already departed this chamber: Frank Aguilar, Patricia Bailey, Joe Dunn, Robin Kelly, John Millner, and Kathy Ryg. And now we have the honor to add a seventh Member that will be departing from the class of 2003, our friend, our colleague, my travel mate. We had the opportunity to recently travel to Israel together and had a great time. We've shared a lot of laughs, a lot of time. I've had the pleasure of working with her a little bit closer, as treasurer of the Black Caucus, and just to see her leaving and moving on is something that… I'm sad to see her go obviously because she’s someone who… when we come down here, of course, we don't know what to do necessarily or exactly how to do it and you have to grow into these roles as Representatives. You learn procedures, you learn your districts, you learn issues and… and she is someone that I can truly say has really grown into the role of Representative. She's done an outstanding job of representing her district, which is a very diverse district on the west side of Chicago and western suburbs, and she's worked hard to be a good Representative. And I have absolutely no doubt that she will be an outstanding alderman of the 29th District, our friend, our colleague, Representative Deborah Graham."

Speaker Mautino: "Congratulations, Deborah. Representative Saviano, the Gentleman from Cook." 09600120.doc 54  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

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

"Thank you, Mr. Speaker. I also want to commend Alderman Graham for her success and for her advocacy on behalf of the people of the City of Chicago down here. She has taken up the issue of education, of health care, and of public safety, and when those issues become sometimes volatile or heated, she always dealt with it in a positive way, but as a strong advocate for her community. She will do the same in the City Council. And we wish you all the success in the world. Although the aldermen in the city are able to have conceal and carry, we know that you are not going to take that opportunity. But in all sincerity, I've always appreciated the teamwork and the efforts that you've put on behalf of the people of the City of Chicago and the great State of Illinois and wish you nothing but the best."

"Representative Riley."

"Thank you. I'd like to add with the rest of my colleagues just a really warm and sincere congratulations 09600120.doc 55  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 and sorry to see my seatmate go. One of the things that Deborah Graham has always done is that when she speaks, she speaks with a lot of passion and personal conviction. And frankly, if there's anyone that deserves a made-for-TV movie made about them, it would be Deborah Graham. And I'd like to be the producer of it, frankly. Good luck in your future endeavors. I know that you will do extremely well. God bless you."

"Representative Dunkin."

"Thank you, Mr. Speaker. I, too, would like to add my personal sentiments to my good colleague and friend. I'm going to miss you. Sort of us tag teaming on… when one of us is speaking on the microphone, we're sort of instigating questions in the background and sort of right-oning each other. I was one of those 22 that came in with you about 8 years ago, and boy time certainly flies. And you know, you don't really realize, you know, the intimacy that's created either professionally or socially until you start hearing discussions of someone's leaving. And I just remember a lot of fond memories, a lot of professional and personal times off this floor, certainly trying to wrestle with some of these issues and Deborah you've grown tremendously as most of us here have. I'm certainly going to miss you. I have the upmost respect for you. And I'm going to miss fussing with you sometimes. But Godspeed and best of success to you. Thank you."

"Representative Miller."

"I, too, want to add in to my congratulations to soon- to-be Alderman Deborah Graham. For those who don't know, 09600120.doc 56  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Deborah came in in a virtual tie in her first Primary Election. A tie, that had to go to court, that had to be decided, I believe, months after the election. And so, for those in the sound of my voice who don't think that voting matters, it really, really does. I mean, and so for someone who entered here in a tie, you get a certain trepidation about, you know, who are these people, what are they all about, and you're nervous. Myself, I won my first election by 50 votes. You can only imagine the toughness and everything you have to watch and what you do and all the people that you meet from all across the state. And Debbie did have that sort of trepidation and just concern, but also along the way she met some good friends. One who is the former State Representative, Robin Kelly, who were like two peas in a pod among all… in addition to all of the folks that she met here and friendships like that and friendships that help her get through those initial years, and those initial tough times. Since that time, I've witnessed Debbie grow. Grow in a lot of ways in which not only just thinking that folks are out to get her, but to really try to be a spirit and a voice for people in her district. And not just the west side of Chicago, but also the parts in Oak Park that she represents. And to understand, the fact of the matter is, for someone not just to be a Representative but also to grow as a person is a testimony to her and to all of us. And with that I just want to say congratulations. I know she's had some dental work done, and as she's asked me for some dental advice, and that offer… and yeah, I'm a dentist… and I just want to 09600120.doc 57  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 say all the best to her. You know, the one thing we want to make sure that only our legislation and things that we do that are satisfying our community, but also that we take something home. And Debbie, all of us will take a piece of you home with us, too. Thank you and God bless you."

"Representative Nekritz."

"Thank you, Mr. Speaker. It was indeed my honor to be sworn in with Deborah Graham, back in 2003. But I remember… I remember meeting her, the person that she tied with, in that Primary, because I was part of the candidate training that we had at that time, and her opponent was actually, you know, someone that the rest of us that we're going through that training met, really liked and was like wow, I couldn't even imagine that that other woman could compare or, we don't know her, you know, we hope, we we're telling her this other woman, we hope you stay, we hope your successful, and that other woman that you tied with, you know forget her. And so, when I met Deborah, it was a little awkward ‘cause I could remember, you know, meeting your opponent, and I was like well, I hope she… hope she's as nice as that other woman. And I have to say that I would agree with Representative Miller. Watching you grow, and watching you develop as a Legislator, I can't really imagine my experience here without you, and I think the rest of the General Assembly feels the same way. So, you will be greatly missed, best wishes on your new career."

"Representative Reitz."

"Thank you, Mr. Speaker. Deborah, congratulations on your appointment and good luck in the future. And 09600120.doc 58  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Representative Osterman mentioned the concealed carry and if you decide not to, my seatmate has volunteered to be a surrogate in your place."

"Representative Jakobsson."

"Thank you, Mr. Speaker. Congratulations to the future alderwoman, my friend and colleague and former seatmate. Representative Graham used to sit in what we then called ‘chick row’, we were all women in this row. And it was really fun to get to know her. When we first got to know each other, she didn't offer a lot of comment on the floor, and it's really been fun, amazing, and wonderful to watch and experience, and observe Deborah. And as we got to know each other, we talked about our children, our grandchildren, and I hope that we can remain the friends that we've become. Congratulations."

"Representative Bellock."

"Representative Black."

"He's a talented man."

"Representative Feigenholtz." 09600120.doc 60  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Thank you, Mr. Speaker. I, too, want to wish my best to Representative Graham and talk about her unique nature. She is a Legislator who legislates from the heart and I think she has shared her own personal… Deborah, are you crying? She has shared some wonderful things and given us gifts that we will always remember because she has taken a lot of risks here and talked about real life, not only about her constituents and improving their lives, but everyone in Illinois. The City Council is blessed to have you. Please come back and visit. And I'm very proud of you. Good luck."

"Will Davis." Davis, W.: "Ladies and Gentlemen of the House, I invite you all to Skip Saviano's office to enjoy a celebratory piece of cake in honor of our friend and our colleague, Representative Deborah Graham."

"Representative Mendoza."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I, too, would like to add my sincere congratulations. And the reality here that, Deb, I'm really, really going to miss you. I think that you have been such an amazing inspiration to so many people. As a colleague of mine, it's been a real pleasure and an honor to have served with you. When the vacancy arose, I couldn't think of anyone that I would personally, had I lived in that district, wanted to serve me more than you. So, I know that the City Council will be well served, but most importantly, the people of your ward are going to be so lucky to have a person who not can just get the job done 09600120.doc 61  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 because the services and the city services that you'll be able to provide to people, while they're important, and I know you'll be able to do them, you know, a lot of people can do them but the level of service that you'll be able to give your constituents and the caring that you will show for them and that you will display to them is something that not everybody has. You've shown that you care more than so many people day in and day out in this chamber. And you're story is a story of inspiration. It's a story of survival. And it's a story of success. You've gone from a situation that many of us can't even fathom and you have not been stuck there. You've risen out of that dark place, and you've been a really shining light in this chamber and serve as a model and a role model and an example to many, many people, including us, Deb. So, I just want to say it's really, really been an honor for me to serve with you. I congratulate you, but also your constituents because they're in for a really good, positive time with hopefully one of the best aldermen that we will continue to be serving with here in our capacity as the Reps and you as an alderman. But God bless you. Thank you for serving as… as an inspiration to so many and I just love you very much. Congrats."

"Representative Yarbrough."

"Thank you, Mr. Speaker. So, my tears are matching your tears, but I remember when you came here. And I remember your trepidation and I think today is a wonderful day for you because all of the time that you didn't understand or didn't know what people really thought about 09600120.doc 62  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 you, Deborah, today you know. I love you. I look forward to our bike rides. Okay? Deborah's district is right next door to mine. I expect to see you. I know you're going to, as you’ve done here, you're going to excel in the City Council because you've done that here. I look forward to seeing you in the district, in my district, in your ward, because you're now one of my aldermen that I'll be interacting with. So, go in grace and peace, sister. Thank you."

"Representative Joyce."

"Thank you, Mr. Speaker. Deb, you know, I… I'll say it in front of you, but… and we've always had some good discussions, but after hearing all of these people get up and talk, I think I must have been asleep the last 8 years 'cause since we came in here, I never recall Black, you know, and you being always on the same side of issues. And I started thinking, you know, this is the Legislature and every day I've always tried to find something, when we're down here, to learn something new. And I think I learned something real new today, you know, I mean, it's finally hit home. I was thinking, wow, listen to all of these people get up and say all these wonderful things about Deb who gave her all these hard times over the years. But I figured out, I mean, I know Black's angle, he wants the free Cubs playoff tickets that the City Council members get, you know. I got to imagine that if you were just another normal Member of the class of 2003, on your way out to another career, you know how you'd get, you know, obviously, you know, your seatmates and you know, Will 09600120.doc 63  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Davis would get up and say nice things. And you know, certainly you have great qualities and you've really put your heart into this job. I think everybody realizes that, and I think every Member does, but you're going to the City Council. And as the son of a former alderman, they’re all looking for an angle here, Deb, don't believe everything they’re saying here. In an effort to keep it light and to understand, I know that there's probably no harder job in government and I believe the smaller, the more local level you get, the harder and more time consuming and more attention you have to pay to your constituents. I think it's a great, very challenging job in a very challenging time and I commend you for taking on this challenge. And I think the people of the 29th Ward, I think the people of the City of Chicago and I believe the mayor of the City of Chicago are very fortunate to have someone that will bring her passion that you bring every day and I wish you the best of luck. But remember, if you weren't going to be an alderman, you wouldn't have the Senator Harmon here, sitting here, looking over you, who I know you've worked so closely with. But I wish you the best of luck and I wish you as much success and joy that you have brought to all of us here."

"Representative Soto."

"Thank you. Thank you. Deborah, you've been a good friend. I know I call a lot of people… a lot of friends amigas and amigos, but you are a special amiga, and don't you ever forget that. When you mentioned that you were interested in the aldermanic position, I thought there 09600120.doc 64  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 couldn't be a better person to serve that ward. So, you are the best. I'll always have you in my heart. You're very passionate about the work that you do, and I appreciate it because I have that same passion, too, for my constituents. So, again, I congratulate you and always remember that you have a friend in me."

"Representative Monique Davis." Davis, M.: "Good afternoon. Deborah, I just want to say that it's rare in this Body that people leave of their own volition and to do a Resolution to someone who's going to what they choose is an honor for all of us. I know that you will be a strong voice for your district, just as you have been here. And I know that you have a wonderful family who'll be glad you don't have to go up and down the highway every week. You'll enjoy that grandbaby. And I want you to do me a favor in the Illinois… of the council. I want to… don't lose your voice. Let us hear from you. Don't lose your voice. You have a strong compassion for people. You have a very vivid way about you, don't lose that. And I have already sent word by… to Deborah’s dad, Alderman Mell, and to Zalewski's dad, Alderman Zalewski, to be there waiting for you with open arms and help to guide you in your early days. Congratulations."

"Representative Colvin."

"Thank you, Mr. Speaker. You know, it's ironic that only in Illinois can you go from State Government to local city government and it be considered a promotion. But that's what our colleague here is doing today, and it is indeed a promotion to become a Legislator in the third 09600120.doc 65  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 largest city in the world's greatest country, but it's a challenge I think Deborah is ready for. She got here in 2003, she was green as any of us, and she was full of spit and fire and ready to do the work of the people. And Deborah… and most of us know Deborah is a very intense Legislator. You know, my office is a couple doors from Deborah and most mornings when I come into the Stratton Building all the chairs in my office would be taken out and they'd be in Deborah's office because Deborah knew how to attract a crowd of lobbyists working against all those Bills she was trying to pass. I always tease her about having all those, what I call, ‘fetcha’ Bills that she would file every year. But Deborah is tested and she's ready. And the people of the 78th Representative District have had the privilege to call her Representative and tomorrow, at 10, the people of the 29th Ward will have a great honor in calling her alderman. She's going to do a tremendous job. And Deborah, while the discussion is going to change from getting the guns off the street to going to block club meetings and talking about getting the paper off the street, I know you're going to handle that with all of the grace and class that you have brought to this job. We've shared a lot of jokes and laughs over the years sitting here, and I think you're going to do a… just a fantastic job. You've become a real good friend to me and my family and we wish you nothing but the best. And in another month when you get on that bus with those 20 or 25 other alderman that come down here looking for money, we know right now that you can give them the answer and save 09600120.doc 66  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 them a bus trip. So, with that, I wish you all the best. You're a good friend and a good colleague. I wish you all the best."

"Representative Flowers."

"You know, Deborah, it seems like it was just yesterday with the flip of a coin that you came into all of our lives. And so, that was the beginning of your lucky stars. And I hope that when you go to the City Council you continue to take those blessings and that luck with you. I've enjoyed your tenacity. I watched you grow over the years, and I can truly say, as I've often said to you, that you reminded me of my little sister and you know what little sisters are like. So, good luck to you, and may you give them hell in the City Council. Thank you very much."

"Representative Golar."

"Thank you, Mr. Speaker. Deborah Graham, such a pleasure to work with you, and also now to congratulate you on your new endeavor. I think the closeness that we had had to do with some of the legislation that came out where you and I were attacked, and you were the only person that I could cry with, and say can we make it with all of the criticism that we're coming up with. And I appreciate that because now, I don't know who I'm going to cry with. But, I want to look back at March of 2009, when you were… you had taken over our conference and there were a lot of things that were going on and yet we were somewhat reluctant in terms of following your lead, but it turned out to be a wonderful conference. And at that conference, I actually wrote… actually sang a song to you, and I'm 09600120.doc 67  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 going to do that right now. We're happy for you. We're happy for you, Deborah Graham. We're happy for you. When I heard the news, my heart was amused. Deborah, we're happy for you. As this celebration takes place, the angels will sing, Deborah, we're happy for you. As this celebration takes place, the angels will sing, Deborah, we're happy for you. We're happy for you. We're happy for you. Deborah, we're happy for you. Oh yes, we're happy for you, we're happy for you. Speaker Madigan is happy, Will Davis is happy, Ester Golar is happy, the Black Caucus is happy and we are so happy for you."

Speaker Mautino: "Welcome, Senator Harmon. Representative Brauer, who is happy."

"Representative Constance Howard."

"Deborah, it's taken an awful lot for me to stand and say goodbye to you. I was okay until you started crying and then I said, well, I don't think I'm going to say anything because every time I look at you, then I start crying, too. But I guess, I just want to say that, obviously, you're going to be living in the same state with me. We'll be seeing each other at probably many of the events, whether they be community or political, and you should know, that whatever I can do to make your job easier, I'm there. Godspeed to you. And I know you're going to do a wonderful job and be an asset to the City Council in the City of Chicago. You’re wel…"

"Representative Harris."

"Thank you, Mr. Chairman. Representative, you know, there are so many interests that clamor for our attention down here. You know, you walk out that door there are all sorts of lobbyists representing all kinds of interest groups that all want something. And I think it just speaks volumes about you as a person that as your last act of all the people who wanted your help, of all the people who you could have helped out as you left here, that you took the time to care about those who are homeless, those who struggle, those who, from no fault of their own, are in need of hope, inspiration, and help. You are truly an inspiration to me, to the other Members of this Body, for your caring about those who are the least of us and hoping 09600120.doc 69  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 to lift them up so that they will have the opportunities that we've been blessed to have. Good luck and God bless you. And the residents of the 29th Ward are very lucky to have you."

"Representative Collins."

"Thank you, Mr. Speaker. I just want to say good luck to you Deborah and try to enjoy life. All right."

"Representative Ford."

"Deborah, I wouldn't let you leave without telling you how you made my road here easier by just taking me right in your office and teaching me how to do things. You know, it's not easy when you come down here, you really don't know where the bathroom is. You know, and you showed me how to service the constituents in an easy way. And you had no problem with that, so I really appreciate that. But I… I'm going to agree with Kevin, you're my alderman. So, I'm going to get my service request in right now. So, I look forward to you representing me as the 29th Ward alderman. And I know where you live and I'll just put my request in your mailbox."

"Deborah, good luck to you in the… in your future service to the city and thank you for your service to all the people of the State of Illinois. Representative Will Davis for a final announcement." Davis, W.: "Ladies and Gentlemen, stand up and give a round of applause to the newest alderman in the 29th District, our former colleague, Representative Deborah Graham."

"There is cake available and we need a speech from Alderman Deborah Graham." 09600120.doc 70  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Well, today is certainly a bittersweet day. When I came here, I did not feel like I fit in. It was a big place, it was a new environment, and I had a tough time fitting in, but I came to love this place. I was exposed to so many different industries in working with my colleagues on both sides of the aisle. It's easy to get a misunderstanding, in terms of how people really work issues and not being a… being a sore loser at times, but I’ve learned a lot from each and every last one of you. You have really helped me grow in this process, and I've learned a lot. I could say that this place has truly changed my life. I've had an opportunity to travel to places I wouldn't have ever been able to travel. Most of you don't know that in one point in my life I was homeless, for about 8 months, was a survivor of domestic violence, and when you go through trauma like that, it takes the wind out of you. It takes a whole lot to bounce back. I come from a place where I was afraid to drive my car, to driving up and down the highway, three hours each way weekly. I was afraid to drive the highway, but each step, God broke shackles off of my life. And that's what I wanted to come here and do, break the shackles off of my constituent's lives and work through some of the tough issues that our communities had. I want to thank each and every last one of you for helping me, advising me, and just correcting me when I was wrong or made some missteps. And I just want to thank the Speaker of the House, Michael Madigan, for just being who he was. His yes was always a yes, and his no was a no. Everybody around the world or around the State of 09600120.doc 71  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Illinois has a story to tell about our Speaker, but I'm here to say that I am glad that I've had an opportunity to know him, and not be affected by the other stories that are told of him. I want to thank him for his character and just working with a person, like myself, and just saying, you know, you need to take a step back or just rethink this, trying to help me not fall on my face at times. So, I want to thank him for his leadership and his guidance through some tough times of learning how to make the proper decision down here. I want to thank the Illinois Legislative Black Caucus, and all of my colleagues, the class of 2003 in helping me to develop throughout this time. And my family who has allowed me to take the trips and be away from my house, you know, half the year, and thank everybody, lobbyists and all. I'm going to tell the story of the General Assembly. When I leave here, I won't let them trash you and say that we're not working hard down here, 'cause I know that people on both sides of aisle do what they have to do for their constituents. I do think that we can do better and I hope that we can pass a budget that will help all of our constituents, and we can find some revenue, that we're not going away and leaving people hanging. And that's not to put anyone on the spot, but having served on Human Services Appropriations since I've been here, the one thing that’s been consistent, I've heard the pain of our constituents, wondering how they were going to make it the next day, or how they were going to survive without a particular program. So, I would ask you guys to help out in that measure and let's find a solution and you 09600120.doc 72  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 have a friend on the City Council. Thank you so much for allowing me to serve."

"Mr. Clerk, on the Calendar appears House Bill 5894, Representative Gordon. Read the Bill."

"Third Reading. Representative Senger, House Bill 5656 is on Second Reading. Would you like to move this Bill to Third Reading? Read the Bill."

"Leave this Bill on Second. Representative Reitz, House Bill 5991 is on Second Reading. Would you like to move this Bill? Mr. Clerk, read the Bill. The Bill is on Third Reading. It's the intent of the Chair to go to the Order of Third Readings. House Bill 5762 appears on the Calendar under the Order of Third Reading. Mr. Carberry. Mr. Carberry, I believe… is this your first Bill? Good luck with that. Read the Bill."

"Representative Carberry."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Also, again, Representative Graham, congratulations to you. Regards to House Bill 5762, requires people 09600120.doc 73  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 convicted of involuntary manslaughter, who kill a baby by baby shaking and people convicted of endangering the health or life of a child who kill a baby by baby shaking register on the child murderer and violent offender against youth registry. I request your support of this Bill. And I'm open for the floor to any questions."

"The Gentleman certainly knows how to choose a first Bill. On that, the Gentleman has moved passage of House Bill 5762. The Gentleman from Vermilion, Representative Black."

"He indicates that he will."

"No. That's not accurate."

"Because they're still a threat and the public should still be aware of… and our children should be protected, our youth, should be aware and have access to the information of someone who committed a violent act against our youth."

"Pardon me?"

"No, I am not."

"Yes, right behind me."

"It is not an acquittal that… what you described is not an acquittal." 09600120.doc 75  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Grant the man additional time."

"Representative Reboletti."

"Indicates that he will."

"What exactly is your question?"

"Based upon the review of the staff, there were…"

"Turn the Gentleman's mic back on."

"After review of the staff, we do think it's constitutional and will… it will pass. It will uphold."

"We're okay with taking it out for a moment and putting it back in."

"We will return to the Bill during that order. This is a legitimate request."

"Take the Bill out of the record. On page 21 of the Calendar, Representative Farnham, House Bill 6748. Mr. Clerk, read the Bill."

"Representative Farnham."

"Thank you, Mr. Speaker, Members of the House. HB6748 authorizes DCEO to establish a contingency allegation to pay certain reimbursements to sellers of white good appliances who participated in the white goods appliances portion of the Retail Energy-Efficiency (Sic-Efficient) Appliance Program. This is ultimately a completely federally funded program similar to the auto industry cash for clunkers. DCEO already has on hand enough designated federal funds to cover the cost of the program. I urge a 'yes' vote."

"Gentleman moves passage of House Bill 6748. And on that question, the Gentleman from Crawford, Representative Eddy."

"Indicates that he will." 09600120.doc 79  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Yes. It's determined that the contingency allotment needed to pay the program participants…"

"There is. The state contingency allocation is put in place to bolster confidence among appliance merchants participating in REEAP that they will be reimbursed in a timely matter for in-store rebates given to customers trading in designated older household appliances for new, more energy-efficient. Any money advanced by the state by DCEO to participating appliance merchants, shall be reimbursed into the GA… GRF."

"That's correct."

"Yes."

"It is."

"Further discussion? Representative Nekritz." 09600120.doc 80  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

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

"Indicates he will."

"Representative, I… I'm going to follow up on some of the previous Representative's questions. So, is this federal money that's being… that we're appropriating, or is there additional… is there additional state money that you're seeking to have appropriated?"

"No. This is federal money."

"Only federal money that's sitting in DCEO?"

"We will put a GRF backfill in this, but we'll never touch it because the money is there."

"Okay. I guess I'm a little… I'm still confused because I thought… yesterday I was told that there… that the reason for this was because we were concerned that the federal money, the stimulus money, was going to be insufficient to meet the demand that there were going to be hoards of people coming in to buy these energy-efficient appliances, and we were concerned that retailers would be… would… would use up the federal funding and then this was a back stop to have state funding available in order to assure that the retailers were not out the money. Is that… did I misunderstand?"

"The department doesn't believe that that would occur. This is a feel-good measure for the merchants, just to ensure them, but the department believes that there is enough money to cover the program."

"So, they believe that there… that these hoards of people are not going to show up on day one and eat up all 09600120.doc 81  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 the federal money and then we have to dip into state money. Is that…"

"If that were to occur, they would just cut the program off, once the federal money is gone."

"Okay. Thank you."

"The Gentleman has requested passage of House Bill 6748. 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 Hamos, Berrios, do you wish to be recorded? Mr. Clerk, take the record. 112 voting ‘yes’, 2 voting ‘no’, 0 voting ‘present’, House Bill 6748 is declared passed. Representative Smith, House Bill 6749. Mr. Clerk read the Bill."

"Thank you, Mr. Speaker, Ladies and Gentleman. This is a supplemental appropriation for the… the cash for appliances program, similar to the cash for clunkers. This is an appropriation to the Department of Commerce and Economic Opportunity. It's a companion Bill to Representative Farnham's Bill, which I believe we've already addressed. This is simply to make sure that there are funds in this program that will be reimbursed by federal funds. And this is simply to provide, I think, the confidence that is needed on the part of appliance retailers throughout the state that we do indeed intend to support this program. This is an initiative of the 09600120.doc 82  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Illinois Retail Merchant's Association. And I know of no opposition. I'd be happy to answer any questions."

"Gentleman's moved passage of House Bill 6749. On that question, the Gentleman from Crawford, Representative Eddy."

"Indicates that he will."

"It would be the latter, Representative. It's to guarantee the full faith and credit, if you will, of the State of Illinois."

"That… that is correct."

"We are in line to receive $3.4 million from the Federal Government. So, this is just making sure that that is in place, giving the assurance to the retail community that in offering these rebates, that there will be money in place and that they're not going to caught up in all the budgetary problems here in Springfield." 09600120.doc 83  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Thank you."

"Further discussion? Representative Mulligan. Representative Mulligan."

"He indicates he will."

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

Speaker Mautino: "Further discussion? The Gentleman from Madison, Representative Hoffman."

"Thank you, Mr. Speaker. To the Bill. To the previous speakers, this is not state money. This is federal money that's going to be… come to the state for this program. The Department of Commerce and Economic Opportunity has indicated that they're not going to take a chance of having any state money be put into this program. This is a program that's going to put people to work in Illinois by selling appliances. It's going to help out the retailers. If the retailer sells the appliance, they want to make sure they're going to get their reimbursement. They want to make sure they're going to get their money. This is just a backstop to make sure they're going to get their money, not one state dollar. Vote 'aye'."

"Representative Coulson, the Lady from Cook."

"Representative Smith."

"Yes, Representative Coulson, that is correct. This would be general revenue funds, but let me… let me just state as Representative Hoffman did. You know, we're talking about a federal program and federal funds that we'll be receiving. So, this is not money that could be 09600120.doc 85  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 used to operate any school district or pay any payroll at a university."

"Representative Fritchey."

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

"Indicates he will."

"Representative, I want to make sure that I understand this in relatively simplistic terms. We're looking for three and a half million dollars to essentially advance money to these retailers that they should be getting from the feds anyway, correct?"

"Yeah. I think the… "

"No." 09600120.doc 86  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"…proper term is this is a contingency allotment. We are… we are going to be receiving the federal funds."

"So, a contingency against what, the money not coming from the feds?"

"No, this… this is in place…"

"Representative, bear with me for one second."

"Sure."

"Representative, I apologize. I just wanted to make sure that I'm going in the right direction with this line of questioning."

"I understand."

"All right. Let me… I appreciate our staff giving some additional information. Let me try it from this way. Is… is there any circumstance under which the state could wind up on the hook for dollars for which they are not reimbursed from the Federal Government?"

"No, the… my understanding is that the allocation from the Federal Government has already been approved. And so it's simply a matter of getting those funds from Washington. So…"

"Is it… do we run any risk that the amount allocated by the feds will not be sufficient to cover the payouts that would be made under this… under this fund?"

"No. We're told by the department that, no, that's not the case."

"So, this is simply being used really as a stopgap to provide the payments to the retailers while the federal money is being processed? But the… the federal money's in already isn't it? So, if the federal… and I'm not… I'm not 09600120.doc 87  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 trying to be difficult here. I'm trying to make sure that we understand this because it… it's either very confusing or very straightforward, and I'm not sure which. If the federal money is already in, why do we need this contingency fund?"

"Representative, I… the merchants, the retail community have asked for this… this extra protection. I think you would agree there's a lot of skepticism among businesses in the state that we will do what we say we're going to do."

"Well, I understand why the skepticism would exist as to what the state does, but why are they looking for extra protection for federal moneys that are already been received apparently?"

"I don't…"

"I mean, it… it's almost like there asking for a guarantee for funds in case the funds don't come in, but we're being told that the funds are already in."

"I don't believe that the funds have been received. I could be mistaken. I…"

"Well, wait…"

"…maybe Mr. Lowder knows that, but…"

"Rep… Representative, this will actually be a statement not a question, but as it's been relayed to me and for the edification of the Body…"

"Grant the Gentleman an extra minute."

"DCEO is saying that there… there is… that there is sufficient money already in from the Federal Government. And so, there will be no exposure from the state. The retail merchants, however, are of the position that that 09600120.doc 88  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 may not, in fact, be the case, and they want to have a backup fund here. So, we're not doing this really…"

"That is…"

"…at the request of DCEO or we're not doing this at the request of the Federal Government. We're doing this at the request of the retail merchants."

"That's right."

"All right. Now, I find it odd that we are potentially extending $3.4 million just to give them peace of mind, but if somebody deemed that it made sense to put $3.4 million dollars out there that won't be used simply to give them peace of mind, that's fine. I just wanted to make sure, and I'm not taking issue of what you're doing, I just wanted to make sure that people understood here that based on what I'm being told, and I trust Mr. Lowder implicitly on these things, that we do have no exposure here. It really is simply a matter of added comfort for the business community and for my…"

Speaker Mautino: "The Gentleman's time has expired. Very briefly, John."

"For my colleagues, not only on this side of the aisle, but the other side of the aisle as well, who are concerned about protecting… or providing assurances to the business community, and keeping businesses running and keeping jobs active, that this simply gives the business community something that they've asked for, that this would be probusiness, so to help protect them without any exposure from the state. The more I think it through, the 09600120.doc 89  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 more sense it makes. Thank you. And I request an 'aye' vote. Speaker, thank you for your indulgence."

Speaker Mautino: "Representative Hoffman, on a point of clarification."

"Yes. I just wanted to clarify. I did… I did misspeak. It is GRF money, but the money, the GRF money is not going to be used. The GRF money is not going to be used. There is federal money that is available. It's already at DCEO. DCEO is going to monitor the program. This money is to ensure that appliance dealers will participate in this program, put people to work, and get this up and running. There's no intent to utilize the GRF money."

"Representative Washington."

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

"He indicates he will."

"Mike, let me ask you a few questions. So, this is the program that is basically… the Federal Government, it's their program, right? Correct?"

"That is correct. Yes."

"And so, the business security, the retail merchants want the state to put a risk capital reserve in a series of events of assuming that the money will run out. Is that correct?"

"I'm not sure or your question, Representative Washington. The intent is to provide assurance to the retail community that… that their end of the bargain will be… will be honored by the state." 09600120.doc 90  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Well, see that's the same thing I just said. So, I may want to state…"

"Sorry, I didn't hear your question."

"Okay. I'm sorry. So, I'm trying to understand it. So, the retail merchants want the state to put together risk capital to back up this particular program of the Federal Government in terms of appliances and they want this reserve, 3.4 million to be set aside as a constit… contingency capital that if the money runs out, that they won't have any loss and it'd be a total complete win-win program for them, but yet the state will have maybe a shortfall in… How… how would the state recover it's… it's losses, if that happened?"

"Well, you're right on the first part, Representative Washington. Any funds that would be expended would be reimbursed by the money that is coming from the Federal Government."

"So, in other words, we would be the ones having to collect from the Federal Government rather than the retailers waiting for the Federal Government? So, the state would assume the risk of the retailers, basically. That's what they asking us to copartner with them, in a situation that might prove very prosperous, but at the same time they see possibilities that it might not be as prosperous and that they may have losses and have to wait…"

"Grant the Gentleman another minute."

"So, you follow where I was going before I lost you? Before you lost me?"

"Could you repeat that again?" 09600120.doc 91  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"I was hoping I didn't have to. What I was saying is that so the retailers want the state to stand and instead do to absorb any losses and for us to be having to collect from the Federal Government rather than them trying to wait on the Federal Government. Isn't that the gist of it?"

"Yes. This is just a reassurance to the retail community."

"You know, let me say this, Representative. That's a… that's a good business deal, if you can get it like that, but you know, nobody backs my risk and I'm just saying that I think our retailers are taking a chance or put in a position where they might not be comfortable, but I think at a time of economic crowd that we're facing, I don't know if this would be in the best interest of the entire state 'cause everybody's not going to have an appliance to bought off."

"Well, I think, Representative Washington, obviously the int…"

"Gentleman may answer the question."

"The intent of the program was to stimulate the economy and to help im… improve the environment as well, through more energy-efficient appliances. And so, to the extent that we're receiving the money from the Federal Government, this just simply gives some assurance to the retail community that indeed, if they participate in the rebate program and the incentives that are offered, that they're going to receive the money, which comes from the Federal Government through the state." 09600120.doc 92  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Turn him on."

"To the Bill, Mr. Speaker. Thank you, Representative Smith, but I'm… you know, I'm not… I'm not feeling it. I'll listen more to the debate, but there are no assurances in life. There are no assurances that we're facing here in this Body. So, I feel for the retail merchant in one sense, but they're asking for something that I don't think that if the shoe was on the other foot, that they themself would even consider. Thank you."

"Further discussion? Representative DeLuca."

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

"He indicates that he will."

"Representative Smith, I thought I had a handle on this until I listened to debate. It seemed to get clouded up a little bit. This is somewhat of the federal program such as the cash for clunkers, this is cash for appliances?"

"That's right."

"That's basically what this program is. And the money that the Federal Government is allocating to this for Illinois is how much?"

"Three point four million."

"Okay. So, at the time that that money is used up, from the time the money is no longer available, there's still sales taking place by businesses in Illinois? The money that is due to the retailers from the time the money is used up to the time they are notified the program is cancelled, that's the insurance program that they're asking from the state. Is that correct?" 09600120.doc 93  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"No. This… this is the full amount of the program is 3.4 million. There won't be any expenditures above that. That is what we have been allocated by the Federal Government. There are no state matching dollars or no state dollars to extend the program or to cover that gap period that you might be talking about. I believe the department will fully manage what is approved and keep it under the constraints of $3.4 million. This is, as we've said, an assurance to the retail community that the state is fully behind this measure and if there were any state funds expended, they would be reimbursed by the federal funds."

"And what are the retailer merchants looking for? If it's federal money, what are they looking for from the state?"

"They…"

"Grant the Gentleman an additional minute."

"They simply have asked for this reassurance, if you will, to have the full faith and credit of the state, if we so have full faith and credit."

"Well, that was…"

"That's what this is about."

"…that's what I'm trying to figure out is, I… the way I understand it is the state… we are taking some of our GF… GRF money, setting it aside so in the event some of the retailers get shortchanged, we're going to make up the difference to them. So, while they market this program and are still selling these products, they are still going to get their rebate that the… the State of Illinois will 09600120.doc 94  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 assure that they receive their rebate when the federal money runs out. I just want to clarify that and make sure I'm understanding it correctly."

"No. That… that is not the intention of this. There… there's no additional state money to be spent on the program. The money that is spent on the program is strictly the $3.4 million from the Federal Government."

"Thank you, Representative."

"Further discussion? Representative Osmond."

"The Lady yields her time to the Gentleman from Champaign, Representative Rose."

"Indicates he will."

"The federal allocation is 3.4 million."

"That is correct. Right." 09600120.doc 95  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"I believe, Representative Rose, let me… let me try this again. I believe what the department has said to IRMA, the retail merchants, is that if there is expenditures above 3.4 million, that…"

"Give the Gentleman an additional minute."

"…that they have the money already in existing funds to cover that. And I believe the problem is the merchants are saying, we want some assurance that that is the case. And that is the reason that we're doing this contingency allotment is to provide that assurance to the retail merchants."

"But the Department is assuring us they have the funds to cover any amount that might by left in the system above the 3.4 million." 09600120.doc 96  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"No… no, that's not true. That's not true."

"Well, I… I don't know, but the department has the additional funds to cover any amount above the 3.4 million."

"The Gentleman's time has expired. You may finish your answer, Sir. The Lady from Will, Representative Kosel."

"He is in… The Gentleman from Vermilion is seeking recognition. Representative Black."

"Grant the Gentleman additional time."

"Representative Smith to close."

"Mr. Speaker, I'd like to take this Bill out of the record. I think we have… we have some assurances we need on the other side. I think if we could just have a few minutes, we may have some of the concerns addressed."

"Out of the record at the request of the Sponsor. Representative Jefferson, on the Order of Third Reading is House Bill 1629. Read the Bill."

"Thank you, Mr. Speaker and Members of the General Assembly. This is simply a Bill as it relates to the city of Rockford. I would ask for an 'aye' vote."

"The Gentleman has moved passage of House Bill 1629. And on that question, the Gentleman from Crawford, Representative Eddy."

"He indicates that he will."

"Absolutely, Representative. This Bill was brought to me by the City of Rockford. It's an annexation Bill that's exclusive to Rockford. It was my understanding the mayor from the City of Rockford along with the majority of the of the city council members asked for this legislation to be passed so that they can start to incorporate some unincorporated areas that have been within the city limits, but unincorporated for at least the last 10 years."

"No, I would not; because when you've got the mayor and the majority of the city council members on board with this, where's the opposition come from? They represent all 14 wards in the City of Rockford."

"That's the… as I answered your question, I thought you were referring to the people from Rockford, the people…"

"Grant the Gentleman additional time. This Bill is on Short Debate. Representative Eddy."

"State your inquiry, Sir."

"I will get an answer for you on that, Sir. Is it okay if we proceed with the other speakers while we're awaiting the parliamentary inquiry?"

"There's been a request for a verification and a Roll Call, and that will be granted, Sir."

"Further discussion, on this Bill. It is on Short Debate. Representative Durkin, the Gentleman from Cook."

"Indicates that he will."

"The process of forceful annexation… the process would be without this legislation it would be forceful."

"No, they would have to out for… Durkin: "How would that process take place?"

"…public hearings in order to do this. They would have to have a public hearing within the city limits to be able to do this."

"It would be done by ordinance."

"It would be done by ordinance by the City of Rockford."

"There would be a public hearing and they would have the ability to state their case."

"Not necessarily, but they would have the ability to state their reasons why they don't want to be in… annexed to the city. You know, Representative, I understand what you're asking me, but the City of Rockford brought this legislation to me saying this was in the best interest of the City of Rockford. We try not to micromanage anybody else's municipalities. The same as yours, you know, if you had an annexation that was requested by your municipality, 09600120.doc 102  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 I think it's incumbent upon us to support those individuals as long as it's not affecting anyone outside of that area."

"Grant the Gentleman additional time."

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

"At this point in time, Representative, I don't think we have any one individual that owns a parcel of land that's five or six hundred acres on an individual basis. This legislation simply says that if you own 60 plus one acres, you would not be included in this process, if you are an individual." 09600120.doc 103  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"I was told, Representative, by the mayor of the City of Rockford, who asked for this legislation, that we have no pockets in the City of Rockford that large. So, I don't know where those numbers come from, but we have no pockets that large in the City of Rockford in unincorporated areas."

"The Gentleman will be granted an additional minute."

Speaker Mautino: "Representative… Further discussion? Representative Fritchey. Representative Winters. Representative Winters."

"He indicates that he will."

"I don't know that to be a fact, Representative."

"Thank you, Representative."

"Representative Eddy, you had an inquiry of the Chair. We're ready at this time to respond. Parliamentarian for the House, Dave Ellis."

Speaker Mautino: "Representative Eddy and your… we've acknowledged your verification request. Representative Jefferson to close." 09600120.doc 106  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Thank you, Mr. Speaker. You know, this is very important to the people in Rockford. This is a win-win situation for the second largest city in the State of Illinois. To say that this is coming from their city council, this is coming from their mayor. We all have problems in our municipalities, in our communities. We're all faced with problems. This is exclusive to Rockford, doesn't affect anyone else. This is something the city council is asking for; this is something the mayor is asking for. To just kind of echo what Representative Winters said, with this annexation you pick up fire, you pick up police, you pick up the ambulance service, you pick up snow removal, libraries, septic, street, garbage, city water, just to name a few. We've had incidences in Rockford where people could not… the fire department could not reach individuals' homes in a timely matter. The homes burnt to the ground. This would bring those people in compliance with the city; they would be available for city water, for city fire, and all the other services that the city offers. You know, this is something that all municipalities are faced with. This is for the City of Rockford. They're asking for your help in making their communities just function a little bit better. We all have problems in our individual communities that we represent. All I'm doing here is representing the City of Rockford who sent me here. My constituency says this is something that they want. And in the long run, 160 people… a 160 thousand people in Rockford are going to benefit from this. So, you know, I appreciate the fact that you're helping to 09600120.doc 107  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 micromanage Rockford. I don't try and micromanage your municipalities. I think that we need to adhere to what our constituents tell us. So, I'm asking you to help me do the things that the citizens of Rockford asked me to do. The mayor, along with all the city council members, asked me to carry this legislation. It does not affect anyone else and I appreciate all the comments and all the micromanaging from all the other areas, but this is exclusive to Rockford. It doesn't affect anyone else. So, I would ask for your 'aye' vote. Thank you."

"The Gentleman has moved passage of House Bill 1629. All in favor vote ‘yes’; opposed vote ‘no’. There has been a request of a verification. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Carberry, Holbrook, Joyce, McGuire, do you wish to be recorded? Mr. Clerk… Mr. Clerk… Mr. Clerk, take the record. On a vote of 58 voting ‘yes’, 56 voting ‘no’, 0 voting ‘present’. Representative Jefferson."

"Postponed Consideration."

Speaker Mautino: "The Gentleman requests Postponed Consideration. Representative Lang in the Chair."

"The Chair is in possession of a written Motion by Mr. Black to reconsider the vote upon which House Bill 6748 passed. Chair recognizes Mr. Black on his Motion. Mr. Black."

Speaker Lang: "Out of the record. House Bill 5905, Representative Jehan Gordon. Please read the Bill."

"Representative Gordon." Gordon, J.: "Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 5905 creates the DCFS Residential Construction Program Act. This Act would bring together DCFS and the Capital Development Board, and they would work together and… they would consult with one another to create a category within the Capital Bill for DCFS residential facilities to have the ability to go after, in a competitive manner, capital construction grants so that DCFS facilities would have the ability to bill it out with capital as opposed to going into their general revenue dollars which they do right now. This Bill is subject to appropriation. I'd be willing to answer any questions for the Body. There is no opposition to this Bill. And I'd like to ask for a favorable 'aye' vote."

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

"Lady yields."

"Those in favor of the Bill should vote ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Crespo. The Clerk will take the record. On this question, 114 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5720, Representative Mathias. Please read the Bill."

"Mr. Mathias. Out of the record. The Chair returns to Mr. Black's Motion to reconsider on House Bill 6748. Mr. Black."

"Those in favor of the Motion shall vote 'yes'; those opposed shall vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Sacia. Please take the record, Mr. Clerk. On this question, there are 44 voting 'yes' and 70 voting 'no'. And the Motion fails. House Bill 6463, Representative D'Amico. Mr. Clerk, please read the Bill."

"Mr. D'Amico."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 6463 is a issue of Secretary White and myself. We just basically want to take the supervision away from people that are speeding on the highways that are doing more than 40 miles an hour over the speed limit. This issue was brought to us actually by an article that was written in the Chicago Tribune. Sometimes, over 60 percent of the people that were doing these excessive speeds, they're getting supervision and the Secretary of State's Office is never even being notified of this moving violation or their insurance companies and these people are just walking away free. And we want to take that away, so you can't get supervision anymore."

"Those in favor of the Bill shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mautino. Please take the record, Mr. Clerk. On 09600120.doc 111  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5419, Representative Mell. Please read the Bill."

"Mr. Clerk, out of the record. House Bill 5399, Representative Howard. Please read the Bill."

"Representative Howard."

"Please take that out of the record."

"Out of the record at the request of the Sponsor. House Bill 5688, Representative Brauer. Please read the Bill."

"Brauer."

"Those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Kosel, Wait. Mr. Clerk, please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared 09600120.doc 112  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 passed. It is the intention of the Chair to move as many of these Bills as quickly as we can, folks. So, please be ready when your Bill is called and if you continue to take them out of the record, we may not get back to them. This is Thursday, tomorrow is the deadline. House Bill 5916, Representative Collins. Please read the Bill."

"Representative Collins."

"Thank you, Mr. Speaker. House Bill 5916 increases the minimum age of detention from 13… from 10 to 13. It makes it consistent with the minimum age of census to the Department of Juvenile Justice. Currently, you can sentence a kid to the Department of Juvenile Justice, you can't sentence them until 13, but you can sentence them to the detention center at age 10. We wanted to make that age consistent and move it up to 13 and find alternative placements if we have to. Currently, last year in Cook County we only had about 8 such kids that we had to do that for and we can, you know, usually deal with them with the Department of Children and Family Services and send them to… if they need to go to a mental health facility or to an alternative placement, such as a residential placement or something like that. And I ask for an 'aye' vote."

"Lady moves for the passage of the Bill. This Bill is on Standard Debate. The timer will be in use. The Chair recognizes Representative Reboletti."

"Yes, I will." 09600120.doc 113  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Lady yields."

"Currently, no kid can be sentenced to the Department of Juvenile Justice until the age of 13. Currently, a kid between the ages of 10 and 13 would go to a residential placement. They'll go to foster care, some DCFS placements, maybe a mental institution because you've got to remember, too, those kids can only be in the Department of Juvenile… in the detention center for only up to 30 days as well and they can't come to the Department of Juvenile Justice. So, those kids already have to have an alternative placement."

"No, they cannot."

"No. What happens now is that those… you cannot go to the Department of Juvenile Justice until you are 13 years old. That's a fact. Now, if a kid between the ages of 10 09600120.doc 114  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 and 12, you can only hold them in a detention center for 30 days. Now, if the kid committed rape or murder, or whatever you say, that kid would go to maybe a mental institution. That kid would go to a placement at DCFS in the… a group home or a residential placement center. That kid would go to maybe a foster home. There are many alternative placements that we would use. Now, if a kid cannot be placed in the Department of Juvenile Justice and studies have shown that if you put a kid incarceration for even up to 30 days, which is all that they can be there for is 30 days, the effects are very detrimental to that kid and to his healing. And so, we recommend that, and in Illinois last year, we only had about 150 cases throughout the whole state, and in Cook County we only had 8 such cases that we had to deal with."

"Cook County didn't give us the exact charges, but I… I'm not sure what they were."

"Well…"

"The Chair recognizes Representative Hamos. Do you wish… I'm sorry. Representative Collins, do wish to respond?"

"Yes. I was going to respond to tell him that, currently today, you cannot keep a kid past 30 days and we have to place those kids anyway. So, the argument would be, if you have to place a kid after 30 days anyway, why put them in an institution and lock them up? That's the answer. We want to make the law consistent with the Department of Juvenile Justice. Today, this day, you cannot place a kid in a Department of Juvenile Justice until that child reaches 13. So, if a kid 12, 11, 10… now, you were talking about fourth, fifth, sixth grade kids. If we cannot find a placement for those kids… now remember in Cook County alone, it was only 8 kids… it is our responsibility to find a placement for 8 children. It was only about 8 children. And if we put them in a detention center, which is the county detention center, we can only hold that kid for 30 days. So, why wouldn't we spend the time, before we put them into a locked facility and ruin them anyway for those 30 days to put them someplace else: in a residential placement, a mental institution, into a treatment facility. Those are the types of places that we already utilize after the 30 days. So, we're just asking 09600120.doc 116  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 that we not have those 30 days to put them into a facility."

"Representative Hamos."

"Thank you. I was really going to start with a question of the Sponsor, but I think she's really trying to answer the questions that may be on our minds pretty well. So, let me speak to the Bill. I think that what Representative Collins is pointing out is that this is a problem that we have in the law, which is just a very short-term placement of where a young person goes before the court case. This is pretrial. This is trying to figure out the best possible placement, in fact, to rehabilitate a young person whose first brush with the law is likely to be at age 10, 11, 12. If they're going to get in trouble with the law, it's a very young age, we'd better find, as a society, a better way to handle these cases. To just throw them in a county detention facility, without trying very, very hard for a better placement, is what this Bill is trying to address. This Bill, if this passes, would force all of the players in that young person's life to look for the most appropriate placement, in fact, to provide rehabilitation. Because after all, if there is a conviction or a finding of delinquency at trial, they won't… that child is not going be able to go into the detention facility. That child is not going to be able to go into the Department of Juvenile Justice. We're going to have to find the most appropriate placement. So, this almost feels like a loophole or a weird anomaly in the law that doesn't force the system to start working on day one for a more appropriate placement, 09600120.doc 117  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 because after all, after the court case, that's what's going to be required. That's what's needed here and I think by talking about the most serious crimes that, yes, some people commit, some young people commit, it ignores everything we've been trying to do as a state in trying to make sure that young people, that we start somewhere, and that we start somewhere with young people with their first brush with the law to try to provide a more appropriate intervention. That’s all this Bill does. And I stand for a strong 'aye'."

"Representative Sullivan."

"Mr. Reboletti."

"Representative Zalewski."

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

"Lady yields." 09600120.doc 118  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Representative, just a couple quick questions. Isn't it true that there were only 8 instances last year where a person 13 years or younger would have been detained under your law… under your change?"

"That's correct."

"And isn't true that of those 8 instances that the individual… the young people accused were accused of serious crimes, significant crimes of violence including aggravated criminal sexual assault?"

"I'm not exactly sure what the charges were."

"Did the Cook County State's Attorney's Office testify about this Bill in committee?"

"They… they gave us the number of 8, but they didn't have like exactly what the kid had actually done."

"And… and the Cook County State's Attorney's Office is opposed to this legislation?"

"Yeah. The Cook County State's Attorney is opposed, but there are a lot of other people that are for the Bill."

"Representative, would you agree that in instances of significant violence, where the accused is accused of violent behavior or significant violent behavior, it might be in the best interest of these young people to have them in an adult detention facility if and… the age really, the difference between 10 and 13 years old isn't really that big of a difference?"

"Could you say that again? Do I agree that they should be in an adult facility? Is that what you're saying?" 09600120.doc 119  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"I… tell me why you're changing it from 10 years to 13 years, Representative."

"Well, because the law today, if you are going to be committed to the Department of Juvenile Justice today, you cannot be until you turn age 13. So, that sets a problem for us with kids that are ages 10 to 13. In the example that Representative… the previous Representative used, if a kid… a lot of times kids do molest other kids in the home. Now, DCFS will be called and that makes it okay because, I mean, in the sense that DCFS… the department is now going to… to… it's going to be turned over to the Department of DCFS. But what would happen in that case is DCFS would come out, they'll make an investigation, and then they will remove one of the kids from the home. They'll make alternative placements. So, they would ask the parent are there any other relatives that this kid could go to. Today, if that kid was 12 years old, you still couldn't send them to the Department of Juvenile Justice. You would have to find an alternative placement because by law, by statute, you cannot send a kid that is not 13 to the Department of Juvenile Justice. Today, we have to find alternative placements for that kid. You couldn't send them to adult facility; you couldn't send them to the Department of Juvenile Justice. We'll have to send them to a treatment facility and yes, if the kid was 9, we couldn't do any of that. We couldn't even send them to the department… to the detention center because he's not 10 yet. We… and this only even if that kid was 12-years-old, you could only send them to the department… to the 09600120.doc 120  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 detention center for only 30 days. So, my point is to be consistent with the law, that we should… we have to find alternative placements for that kid in 30 days anyway. So, why not wait… why wait those 30 days and find an alternative placement on the first day. You cannot send them to the Department of Juvenile Justice. You just can't do it."

"Representative… To the Bill. I respect what the Representative is doing, but in light… in light of the statistics offered by law enforcements, I just don't necessarily feel that the Representative's, while her goals are noble, that it'll have the intended effect. I urge a 'no' vote on this Bill."

"Representative Sacia."

"Lady yields."

"Until they're 13."

"I agree that in some cases that a 10-year-old, or a 12-year-old have committed some violent offenses. Yes." 09600120.doc 121  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"But Representative Sacia, your case given, right, the case you just gave, for detention he's 12 years old. He can only serve 30 days in detention today under current law. He could only serve 30 days. So, he… we have to find 09600120.doc 122  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 a placement for this young man. When the thirtieth day is up, we have to find a placement for him. Now, he can't stay at the local detention center, he cannot stay at the Department of Juvenile Justice. What are we going to do? Now, we have to find alternative placement. The alternative placements would be a residential treatment facility, an alternative placement would be a group home facility, a residential treatment would be a mental health facility. A residential treatment would be maybe moving him from this state and sending him to afar. Whatever the resources that the Department of Juvenile Justice, the Department of Children and Family Services, Department of Mental Health, or any of the other shared service agencies could come up with that would be appropriate for this young man, that's where he would go, but, he would not go to the Department of Juvenile Justice. He just would not. So, this Bill only makes the law consistent. So, if we can't put them in a detention center, and we can't put them in the Department of Juvenile Justice, it forces us to do something. Now, in Cook County last year… These are detention admissions in 2008. In Cook County, 10-year- olds, we only had two kids that were admitted. In northern counties, we had one kid. In central Illinois, we had 5 kids, and in southern Illinois we had 6 kids. And we had a total of 14 kids. So, we should be able to find something to do with those 14 children. That's all I'm saying and I'm just telling, we have to do something because we can't send them to the Department of Juvenile Justice." 09600120.doc 123  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

Speaker Lang: "The Chair's going to give Mr. Sacia one additional minute to finish his remarks."

"Representative Collins, do you wish to close?"

"Yes. Thank you, Mr. Speaker. So, this Bill just really helps to make the law consistent. Right now, you cannot go to the Department of Juvenile Justice, you cannot stay in the Cook County… in any of the detention centers in our counties. So, we want people to understand that we may have one kid that is as Mr. Sacia, Representative Sacia, or the other Representative said, but they're very few and far between. And so, at age 10, these kids intent… and you are 10 years old you're about fourth grade or fifth grade. We, as a society and we, as a state, should be able to find alternative placements for these children and the responsibility rests upon us as adults. And I ask for an 'aye' vote."

"Those in favor of the Bill shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Dugan, Fritchey, Mautino. Mr. Clerk, please take the record. On this question, there are 38 voting 'yes', 09600120.doc 124  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 76 voting 'no'. And the Bill fails. Next is House Bill 5191, Representative Fortner. Please read the Bill."

"Mr. Fortner."

"Mr. Fortner moves for the passage of the Bill. There being no debate, those in favor of the Bill should vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Chapa LaVia. Please take the record. On this question, 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Representative Black."

Speaker Lang: "Mr. Mautino. Turn on Mr. Mautino's light, please."

"Thank you, Mr. Speaker. I object."

"The Gentleman…"

"May I finish, Sir?"

"May I finish, Sir?"

"The Gentleman objects to the Motion. The Motion requires unanimous consent. The Motion fails. Mr. Black."

Speaker Lang: "Mr. Black, are you moving to overrule the Chair?"

"Are you moving to overrule the Chair, Sir?"

"Mr. Black moves to…"

"You heard the Gentleman's Motion. The Motion is, 'Shall the Chair be sustained?' Those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Colvin, Davis, Joyce. Please take the record, Mr. Clerk. On this question, there are 67 voting 'yes', 47 voting 'no'. And the Chair is sustained. Mr. Mautino."

"Thank you, Mr. Speaker. On a previous Bill, House Bill 5916, I had intended to vote 'no'."

Speaker Lang: "The record will show… will so reflect your intentions. Mr. Black, Sir." 09600120.doc 128  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"The next order of business is House Bill 5900, Representative Jehan Gordon. Out of the record. House Bill 5483, Representative Kosel. Please read the Bill."

"Representative Kosel."

"Lady moves for the passage of the Bill. There being no debate, those in favor vote ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Bassi, McAuliffe. Please take the record, Mr. Clerk. On this question, there are 114 voting 'yes', 0 voting 'no.' And this Bill, having received 09600120.doc 129  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Rose. Mr. Rose. Mr. Rose, did you wish to speak, Sir? Your light was on. Mr. Rose has changed his mind. Next Bill on the Calendar is House Bill 4969, Representative Farnham. Out of the record. House Bill 5853, Representative Collins. Please read the Bill."

"Representative Collins."

"Thank you, Mr. Speaker. This Bill amends the Juvenile Court Act, so that we don't commit misdemeanants to the Department of Juvenile Justice. Under current law, if you are an adult and you get a misdemeanor charge, you cannot be sent to the Department of Corrections but as a juvenile, you can. Now, we just want to comply with the Department of Juvenile Justice master plan. And according to that, DJJ should reallocate its nonviolent youth population to youth based options that are more comiser… commiserate with the assessed risk and the needs of the kids. Right now, we're spending about $85 thousand a year to commit a juvenile to the Department of Juvenile Justice. If we… if we relied on Redeploy Illinois and some of the other diversion programs, we can divert a lot of those dollars on the front end and spend maybe $2,500 in rehabilitation services, as opposed to spending $85 thousand a year housing a kid in the Department of Juvenile Justice. Under current law, Section 705 the Illinois State 405-5 the statute states in no event shall a guilty minor 09600120.doc 130  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 be committed to the Department of Juvenile Justice for a period of time in excess of that for which an adult could be committed for the same act. So, what they're saying, if you're an adult and you commit a misdemeanor crime, you wouldn't get an excessive amount of time. You would be charged with less than a year and you wouldn't go to the Department of Corrections. So, we want to make this law commiserate with adult law. So, we want the juveniles to be… they should be treated better than adults, but under this law, they're being treated worse. So, all we're asking is that we not send kids who have a misdemeanor charge into the Department of Juvenile Justice. And I ask for an 'aye' vote."

"Lady moves for the passage of the Bill. And on this question, the Chair recognizes Representative Reboletti."

"Sponsor yields. This Bill is on Short Debate. The timer is on."

"For misdemeanor charges, yes."

"They couldn't be sentenced to… if it was a misdemeanor. 09600120.doc 131  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Is that a misdemeanor charge?"

"A Class A misdemeanor, we're saying that they could not be sentenced to the Department of Juvenile Justice, but they could be held in the Detention Center, but the Department of Juvenile Justice."

"Well… we had research support that our community based alternatives do work. And then the MacArthur did a foundation in our models for change and Illinois is one of those states for research on the pathways to… They released a study in December 2009, it shows that institutional confinement for low-level offenders raise the level of offending. The report states that expensive institutional placements are often being used in cases where there is little need for such investment, and where it may, in fact, be counterproductive. Other states like Ohio, Iowa, and Texas, and California have passed laws that you don't put kids with misdemeanors into the…"

"Please complete your comments."

"…into the Department of Juvenile Justice, that the money spent will be better used in alternative programs and it's less expensive." 09600120.doc 132  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Mr. Reboletti, do you need more time?"

"One minute, Sir."

"Mr. Fritchey."

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

"Lady yields."

"Representative, just a quick question. I'm looking at the analysis. It says right now the only situation in which a juvenile will be committed to the Department of Juvenile Justice is if there was a finding that the parents were unfit or unable to care for that juvenile, or if it's necessary to ensure the protection of the public from the 09600120.doc 133  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 consequences of criminal activity of the minor. Is that correct?"

"That's correct."

"Aren't both of those… I mean, both of those… and I supported you in your last piece of legislation, so you know. But aren't both of those legitimate reasons for putting a minor in DJJ?"

"Well, what we're seeing is that if it's a misdemeanor, adults today cannot go to jail for a misdemeanor. So, we wanted to make sure that the juvenile law and the adult law is the same. So, now… so, the only thing it does is that you can still send the kid to the Department of Juvenile Justice, but we're just asking that right now, 45 percent of the population in DJJ… in 2009, we had 191 youth, or about 13 percent of the juveniles, committed to DJJ were misdemeanor offenses. We would better utilize spending our resources elsewhere. It was only about 13 percent of those kids that were sent. So, these are youth who with Class III or IV felonies to determine whether it is in the best interest of a minor and the community to be based on alternative placement."

"And I get the desire to see some level of consistency, but there's two factors here that don’t apply in a adult situation. You know, the DJJ finding would be if the parents were unable to take care of the child and if we can't send them to Juvenile Justice… what would we do with them under this situation? If they were… if they were charged with a misdemeanor, but the court says either your parents are unfit or unable to take care of you, or based 09600120.doc 134  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 on the nature of the crime, you pose a threat to society. But you're saying now that we can’t…"

"Please complete your comments, Mr. Fritchey."

"But you're saying that even in those situations we couldn't send them to Juvenile Justice. What would happen to them under those?"

"Well, the same thing. We'd have alternative placements. So, as the department merges with the Department of Juvenile Justice, and we have a Bill that we passed… this legislation just passed the other day… about shared services, who we place into alternative placements. So, they can go to a residential treatment, they can go to foster care if DCFS had custody of the kid, if the parents were unwilling or unable to take care of the kids."

"But… but under the other finding that there is a threat to the public because of the consequences of the criminal activity."

"Residential treatment."

"…that… that might have made…"

"That's why they have residential treatment. That's why they have the mental health assessment and they may need mental health treatment. You said they were going through…"

"But this isn't really a mental health situation. I apologize for interrupting you."

"No. They go… they're… many of the same alternatives that we use today when we can't place a kid in the Department of Juvenile Justice, well, we use those other placements. That's what we would use those same things." 09600120.doc 135  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Okay. Thank you."

"Mr. Washington."

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

"Lady yields."

"Yes."

"Representative, what are you trying to do? I mean, you either too broad or you're too narrow? You're too tall or too short? What are you trying to do here?"

"Well, what we're trying to do is to make sure that current law states that in no event shall a guilty minor be committed to the Department of Juvenile Justice for a period of time, in excess of that period, for which an adult could be committed for the same act. So, if you were an adult and you receive the misdemeanor charge, you would not go to jail. You'd probably get under a year in probation… probation, if you were committed… if you were found guilty of that offense. So, we're asking the same thing. If I am a juvenile and I committed a misdemeanor charge that I would not go to the Department of Juvenile Justice or receive incarceration, and that would make it in line with adult treatment. Juveniles should not be treated any worse than an adult would be treated for the exact same crime. And so, we're just asking that the law would state that and would do exactly that. So, if a juvenile committed the same offense that an adult did, then they would not go to jail. We are asking that a juvenile not go to jail as well, but there will still be consequences for their action. It just wouldn't be incarceration." 09600120.doc 136  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Well, you know I'm looking at your proponents Juvenile Justice Initiative, Department of Human Service, Child Care Association, Sergeant Shriver National Center on Poverty, Illinois PTA, Illinois Collaboration on Youth. All are very creditable."

"The Illinois State Bar Association."

"To the Bill. Representative, I really want…"

"Mr. Washington, to the Bill."

"…to say that. You keep climbing the mountain that you're climbing. I think what you're doing is noble, to try to give opportunities for young people to not become career criminals and give a chance for them to grow up and be something other than somebody in our institutions, which are overcrowded. I intend to support your legislation."

"Representative Collins to close."

"All right. Thank you. What would happen under this Bill is… under this legislation, judges could continue to lock up juveniles with misdemeanors in the county detention centers. It would also reduce the number of plea deals offered to youth for felony charges response inability to sentence adult misdemeanors to the Department of DOC has not reduced pleas in the adult court. Don’t expect a reduction to be in juvenile either. So, this Bill would save money. Those kids that were committed to DJJ for misdemeanor offenses in 2009 were only 191 kids and for felonies that 3… low level… we had about 32 percent of the population was committed for low level offenses. Right now, it costs us about $85 thousand per year to house a juvenile in a detention… in our Juvenile Justice Center. With 09600120.doc 137  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Redeploy Illinois in places, and with other community based services, it would only cost us between $2500 and 2 thousand. That's a big difference than spending 85 thousand per kid. Then we would spend about $2500 to $10 thousand per kid. So, I ask for an 'aye' vote."

"Those in favor of the Bill shall vote ‘yes’; those opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Berrios, Burke, Deluca, Jackson, May. Mr. Clerk, please take the record. On this question, there are 72 voting 'ye… 42 voting ‘yes’ and 71 voting ‘no’. And the Bill fails. House Bill 5633, Representative Jerry Mitchell. Please read the Bill."

"Mr. Mitchell." Mitchell, J.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I bring you House Bill 5633. Floor Amendment #1 which becomes the Bill amends the School Construction Law. And basically, what this does is when there's a consolidation of schools, they get a grant index given to them and there's usually a high and a low but the law is silent on what to do after that point. What this Bill does is allows a merger of those two, an average of those indexes, and then allows them to be competitive. It certainly would rule out some other school districts or you could use the high one. That Bill would not pass and certainly, if we… if the higher school index… with a higher grant index had to use the lower one, they would not want 09600120.doc 138  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 to consolidate with that school. So, this is just a way to solve that problem, make them competitive for the matching grants. I'd be happy to answer any questions."

"Those in favor of the Bill shall vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Miller. Please take the record. On this question, 114 voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4826, Representative Will Davis. Please read the Bill."

"Representative Davis." Davis, W.: "Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4826 seeks to amends the teachers… Chicago Teachers Article of the Illinois Pension Code to increase the maximum total payments for health insurance for their retirees from 65 million to a capped amount of $100 million. I'll be more than happy to answer any questions."

"The Gentleman moves for the passage of the Bill. Mr. Eddy."

"Gentleman yields."

"Mr. Eddy, for an additional minute, if he needs it."

"Mr. Fritchey."

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

"Gentleman yields."

"Thank you. Representative… Representative, just to clarify this a little bit, and I… I think we get a sense of what's going on here, you know, when we look who’s lined up in favor of this Bill and against the Bill, and the fact that CPS is against the Bill. Do you know intuitively, and I think you do, why Chicago Public School system would be against this Bill?" Davis, W.: "Do I know specifically? Well…"

"Well… do you have a sense of why they're against this Bill?" 09600120.doc 141  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Davis, W.: "Honestly, I could… I can honestly say no because I've not talked to CPS specifically about it. If you have any insight, please share it with me."

"Oh, no, I don't. I'm asking you candidly, you know. My… my concern though is, you know, when… when I see there that we've got a cost to the pension fund of potentially $35 million. You know, I guess my frustration obviously isn't with you, it isn't with the Bill. It is somewhat with CPS, who is quick to come and tell us that the sky is falling and have us take drastic actions yet, you know, we tend not to see too many improvements from them. I'm just… I'm just try… I'm trying to understand, you know, where this leads us. Not just with respect to the state, but for those of us who have districts that are solely within the City of Chicago. Therefore, we only have one school district, that being Chicago Public School system. If this does… if this, in any way further taxes… no, let me use a different word, if this further strains the financial situation of the Chicago Public School system." Davis, W.: "Well, Representative, I'm told that CPS may feel that this is an extension. Could be an… could be interpreted as an expansion of retiree health… of the health… retiree health program, or health benefits."

"And so, if it's an expansion of those benefits, it would be an additional cost to the system. And so, that's dollars that would have to into the system that aren't dollars that are going into the classrooms. Is that correct?" 09600120.doc 142  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Davis, W.: "Well… so, you're saying would CPS have to fund these dollars?"

"Well, they think that the… the…"

"Mr. Fritchey, for an additional minute."

"Thank you, Speaker. The… the money's got to come from somewhere." Davis, W.: "But you're suggesting that it would come from CPS?"

"Well, I… I'm asking you, if it doesn't come from the CPS then it comes from us, and it comes from GRF, then it's money that we have to put to the Chicago Public School system to help meet their pension obligations, which is something that we just did significantly yesterday, as opposed to the same… those same dollars that we could be taking to put into classrooms. Correct? I'm not trying to be contentious, Rep…" Davis, W.: "No. No. No. I think I understand what you're saying and I guess the simple answer, I guess, would be a… a matter of making a decision where the dollars go. So, if they feel that a decision would be made that would take money out of their classroom, then obviously, that's their position."

"Well, I mean, I think we made a decision yesterday to, you know, let them off the hook to the tune of hundreds of millions of dollars from pension obligations. And I think we've got to find ways, and I know you've worked diligently as have I, to try to get more dollars into the classroom. I'm just afraid that this is diverting those potential resources. Thank you."

"Mr. Davis to close." 09600120.doc 143  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Davis, W.: "I don’t disagree that there obviously needs to be a way to try to get more revenue into the… to the classroom, and there is a Bill out there, House Bill 174, which could possibly accomplish that. But in the scheme of trying to help retirees, maybe years ago, retiree benefits would have been able to cover their health costs, but certainly with the rising cost of health insurance, this is an opportunity to give them the opportunity to help cover rising costs for their particular retirees, which is why they seek this particular piece of legislation. It's something that has been in this chamber several times before. Former Representative Molaro has worked to try to pass this before. In the past, he has raised… been able to raise that cap in past years and it's been a few years since that cap was raised, and now we seek to try raise it again."

"Those in favor of the Bill shall vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Beaubien, Colvin, Holbrook, Joyce, May. Mr. Clerk, please take the record. On this question, 47 voting ‘yes’, 65 voting ‘no’ and 1 voting 'present'. The Chair recognizes Representative Davis." Davis, W.: "I'd like to put this on Postponed Consideration."

Speaker Lang: "Place the Bill on the Order of Postponed Consideration. The next Bill on the Calendar is House Bill 4663, Representative Bill Mitchell. Out of the record. House Bill 6450, Representative Monique Davis. Please read the Bill." 09600120.doc 144  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Representative Davis." Davis, M.: "Thank you, Mr. Speaker. With the conditions of the economy, this is the Bill to help give people whose licenses have been suspended for not paying child support the opportunity to drive to look for jobs so they can meet their financial support obligations. The law already allows a court to give someone a family financial responsibility permit so they can drive to work or to a drug and alcohol treatment center, even after their license has been suspended for not paying child support. This Bill simply extends the purpose of that permit to allow for seeking employment. It would be limited between Monday and Friday from 8 a.m. to noon, unless the person can show good cause and to ensure compliance. The person must be required to show proof, such as a memo, a diary or other evidence that they are looking for work. The permit can also be limited in accordance with the hours of job training and placement programs. This program also allows the Department of Healthcare and Family Services to direct the Secretary of State to give the permit as well, which they cannot currently do. The department currently certifies the suspension of licenses for the nonpayment of child support. Now people can make payment… a payment plan with the department to avoid having their license suspended. I ask for an 'aye' vote."

"Lady moves for the passage of the Bill. The Chair recognizes Representative Eddy." 09600120.doc 145  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Sponsor yields."

"Representative Reboletti."

"Lady yields."

Speaker Lang: "Please… we'll give you another minute, Mr. Reboletti."

"Representative Davis to close." Davis, M.: "I would just ask that we support this legislation in order to give those who are unemployed an opportunity to find work to support and take care of their families. And I want to say thank you to all of those that helped me work on this legislation. Thank you, and I hope you'll vote 'aye'."

"Those in favor shall vote ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Cultra, Kosel, Sommer. Please take the record, Mr. Clerk. On this question, 103 voting ‘yes’, 11 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5517, Representative Mulligan. Out of the record. House Bill 5152, Representative Nekritz, who is already standing apparently. Please read the Bill."

"Representative Nekritz."

"Why thank you, Mr. Speaker. House Bill 512 establishes the Developmental Disability… Disability and Mental Health Safety Act or Brian's Law. It is so named because of a horrific death. The horrific death of Brian Kent, a developmentally disabled citizen of the State of Illinois. In cases such of the death of Brian Kent, this legislation will establish a volunteer based mortality 09600120.doc 150  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 review process conducted by an independent team of experts. These teams will be in the Department of Human Services and they will review the circumstances of deaths in state operated facilities, as well as community based facilities. They'll make recommendations to the Department of Human Services for avoiding deaths, changes in policies and practices that will prevent harm to individuals with disabilities and establish protocols for investigating deaths of these individuals. These independent teams of experts are similar to those in the Department of Public Health, the Abuse Prevention Review Team, and the Department of Children and Family Services, the Child Death Review team. I just want to also acknowledge that the Illinois Press Association had some concerns about the open meetings and FOIA portions of the Bill, and we'll be working in the Senate to address those concerns."

Speaker Lang: "Lady's moved for the passage of the Bill. Representative Mulligan, do you rise because you wish me to go back to your Bill next? Or do you wish to speak on this Bill?"

"I didn't see you in your chair, Representative, but I will go right…"

"…back to you."

"That could be your problem. Those in favor of the Bill shall vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, 113 voting ‘yes’, 0 voting ‘no’, 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5517, Representative Mulligan, who I see in her chair. Please read the Bill."

"Representative Mulligan."

"Lady's moved for the passage of the Bill. Those in favor vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Myers, Rita. Please take the record, Mr. Clerk. On this question, 114 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6202, Representative Burns. Please read the Bill."

"Representative Burns."

"Thank you very much, Mr. Speaker, and Members of the House. House Bill 6202 will create a Net Metering Task Force. It's an agreed Bill with the environmental groups, Environ… Environmental Law and Policy Center and the utility companies. The report will be issued in March 2011. I know of no opposition. I ask for an 'aye' vote."

"Those in favor of the Bill shall vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Take the record. On this question, 112 voting ‘yes’, 2 voting ‘no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4871, Representative Poe. Please read the Bill." 09600120.doc 153  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Mr. Poe."

"Gentleman moves for the passage of the Bill. There being no debate, those in favor vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Coulson, Turner. Please take the record. On this question, 114 voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5947, Representative Flider. Please read the Bill."

"Mr. Flider."

"Yes. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This legislation was on the House Floor before. We had some questions from some Members and we redrafted it to achieve a similar goal which was to ensure that persons who were in prison, incarcerated, would not be contacting the families of crime victims. And so, this legislation now requires a court to provide that order at the time of 09600120.doc 154  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 sentencing, or the Prisoner Review Board to provide it at the time of parole review. And I appreciate the assistance of Representative Reboletti and Representative Careen Gordon on this. I'd ask for an 'aye' vote."

"Gentleman moves for the passage of the Bill. Chair recognizes Representative Reboletti."

"Those in favor of the Bill shall vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Hamos, Sommer. Please take the record. On this question, 113 voting ‘yes’, 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5093, Representative Ramey. Out of the record. House Bill 5640, Representative Reboletti. Please read the Bill."

"Mr. Reboletti."

"Gentleman moves for the passage of the Bill. Chair recognizes Representative Fritchey."

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

"Gentleman yields."

"Representative, and I hope you'll pay attention, I want to find out if this does what I think it does. What you're looking for is an enhanced sentence if it turns out that the minor victim had consumed alcohol, correct?"

"What's potentially troubling here while none of us have sympathy for the offender in a case like this, is there any requirement that the offender knew… Now, I know that there's no requirement if the offender had to be the one who provided the alcohol. Is there any requirement that the offender knew that the victim had consumed alcohol?"

"Well, as I am looking at this, Dennis… Representative, I mean, it… I'm looking at language, that regardless of whether or not the alcohol was supplied by 09600120.doc 156  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 the offender… Where is it that… where is the language here? Maybe I am just looking at the Amendment and perhaps it's in the underlying Bill, of the language that the offender used the alcohol in commission. If that's the case, I'm with you 100 percent, but that's not how our analysis reads."

"Well, I don’t want to… I don’t want to make you do that if it's unnecessary."

"Well, Representative, let me ask you. If you want to take it out, that's great. If you don't, we can debate this now. I don't think you need to take it out. I… I've looked at underlying Bill and the language. What it says though is that there will be an extended sentence if the victim of the offense is a minor, under 18 at the time of the commission, and during the commission the victim was under the influence of alcohol, regardless of whether or not the alcohol was supplied by the offender. What there… what's lacking here is any requisite knowledge on the part of the offend…"

"Mr. Fritchey, for an additional minute." 09600120.doc 157  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"This is important, Speaker. It may need more than a minute. There… there's no requirement here of any knowledge that, by the offender, that the victim was… had consumed alcohol."

"Thank you."

"Take the Bill out of the record, please. The next Bill is House Bill 5044, Representative Soto. Please read the Bill."

"Representative Soto."

"Thank you, Speaker, and Members of the House. This is a pretty simple Bill. It amends the Financial Institutions Code, provides that the department shall create a version of it's Website that is in Spanish for pages that contain information about predatory lending. And I urge an 'aye' vote."

"Lady moves for the passage of the Bill. The chair recognizes Representative Mautino."

"Yes, Mr. Speaker, I would just ask that the Clerk and record reflect that Careen Gordon will be absent the rest of the day."

"The record will so reflect. You did mean to say excused absence for the rest of the day, is that correct, Mr. Mautino?"

"Correct." 09600120.doc 158  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Thank you. There being no debate on the Bill, those in favor vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Eddy, Soto. Please take the record. On this question, 110 voting ‘yes’, 1 voting ‘no’, 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5900, Representative Jehan Gordon. Please read the Bill."

"Representative Gordon." Gordon, J.: "Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 5900 amends the Code of Criminal Procedure and changes the joinder provision to allow joinder of the additional offenses in one count so the state can aggregate penalties. Currently, joinder is permissible for two or more acts and we would… in this Bill, we would simply be adding financial exploitation of an elderly person or person with a disability, identity theft, aggravated identity theft, misappropriation of financial institution property, commercial bribery involving financial institution, financial institution fraud, loan fraud, continuing financial crimes enterprise, and organizer of continuing financial crimes enterprise. These offenses would be added to the joinder law. This is an initiative from DuPage County. There is no known opposition at this time. And I'd be willing to answer any questions, and I'd like to ask for a favorable vote." 09600120.doc 159  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Lady moves for the passage of the Bill. There being no one who wishes to speak, those in favor vote ‘yes’; those opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Bassi, Sommer. Please take the record. On this question, 113 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Returning to House Bill 5762, Representative Carberry. The Bill's already been read a third time. Mr. Carberry."

"Thank you, Mr. Speaker. We did agree to take the… the Bill off record, and agreed to go ahead with the vote. And if there are any changes that do need to be made, they'll be looked at in the Senate."

"The Gentleman moves for the passage of the Bill. The Chair recognizes Representative Durkin."

"Mr. Reboletti."

"Mr. Brady."

"The Gentleman yields."

"Yes."

"Well, the current statute that has, you know, it already is 10 years. That is the… Why? That's what the Legislator came up with."

"If you're on… this list has… is independent completely of the… the sexual… the sexual predator list."

"No, I am not. I am not aware of that."

"Representative Collins."

"Thank you, Mr. Speaker. A lot of shaken baby syndrome when you deal… Would the Sponsor yield? I'm sorry."

"The Gentleman yields."

"Yeah. Just to the Bill… to the Bill. Well, we debated this Bill in committee and come to find out, a lot of… when I was doing… as an investigator with the Department of Children and Family Services, we had a lot of teenagers who did babies shaken syndrome. And they shook the baby, and their intent was not to kill the baby. And now, we put a young kid on the registry because she shook the baby with no intent to kill. I just don't think that we should do that. And so, because our law is so broad that it goes from the person with the least to all the way to the maximum, that this would include a lot of juveniles and a lot of teenagers who are young parents and who, when they leave the hospital, don't give them a lot of information about shaken baby syndrome. And so, yet, when they're trying to quiet a baby, they shakes a baby. I had 09600120.doc 162  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 the opportunity to call one of my people that I worked with over at the Department of Children and Family Services and asked them about what happens when a baby was shaken, because this baby was actually older, about 22 months. And so, normally, if you shake a baby, the ba… the head is fractured and you might have gotten a few fractures before, actually, the baby died and they never took the baby to the hospital. Now, I'm not saying that they should not be punished, but I'm… I am saying that we should, as hospitals, as educators, this… there should be more information given to our young children who are…"

Speaker Lang: "Representative, I'll give you an additional minute."

"Okay. …or teen moms who are having babies and through difficult situations that they're not equipped or able to handle those children, and then they do something in a rash. So now, they're being punished for the rest of their lives. So, I just don't… I think this is a little bit too harsh, so I ask for a 'no' vote."

"Representative Monique Davis." Davis, M.: "First, I'd like to welcome our new Legislator over there. You're real close to my district, so I'm sure we'll be work… working on things together. I have to agree with the previous speaker. You know, years ago, people had grandmothers at home with them, or their parent was home with them, and they taught… you learned… that's how you learned to take care of your baby, from some older adult being present. And too often today, we don't have an older adult in the home, or someone available to teach you how to 09600120.doc 163  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 take care of a baby. I've noticed people on television who, you know, they're just there with their children and I've noticed they'll start shaking the baby on their knee. And some people don't realize that you should not shake a baby and sometimes the more the baby cries, the faster they'll shake, not trying to hurt, because they think it's consoling. So, my question to you, Representative, is where do people… where do we learn not to shake a baby, today?"

"Well, I think it's… empathy is a great quality, but in… in this situation, baby shaking is dev… defined as the vigorous shaking of an infant, a young child, that results in the death of a child and is usually… and that usually is determined by the coroner. But where do you learn it? You know, education's a great thing but what this… all this does is get a ma… it facilitates information to the public so you don't have, possibly, someone coming into your home to babysit your child, or grandchild, or niece, or neph… or niece or nephew that has been responsible for the death of a child." Davis, M.: "But I just think some…"

Speaker Lang: "Please take an additional minute, Representative." Davis, M.: "Thank you, Mr. Speaker. That's very polite of you. I just think some place, we have to realize that today there is limited information for young people having children about how to care for those children and there's usually not an adult around to teach them. So, it's usually at this point in our lives, it's trial and error. 09600120.doc 164  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 So, I do support you in what you're trying to do, but I'm going to have to vote 'present' on your Bill."

"Representative Bradley."

"Thank you, Mr. Speaker. This was actually my Bill, and I still think it is. Representative Carberry took a great interest in this and wanted to get involved. We had a lady in my district whose baby was tragically killed, and she came up and testified very passionately in committee, in support of this Bill. And all we're trying to do here is there's a list of violent crimes against children, which lands you on the child registration list, and that's all we're trying to do is add baby shaking to that because this is a very serious issue and it… it causes… it's a very, very horrible situation, and that's all we're trying to do. And so, I commend Representative Carberry for taking this Bill, taking the lead on this. I stand 100 percent behind him. We're not enhancing penalties here necessarily. We're trying to make sure that people that commit these offenses stay away from kids, and that's all we're trying to do as… as in, don't shake babies. And by doing this, we hope that we can also raise awareness, that it's never appropriate to shake a baby. And that was our hope as… as through going through this. Not only in putting this on the registry, that we could also educate people and raise awareness of how… how dangerous a situation this is. So, I would ask you humbly for an 'aye' vote in support of this Bill, which directly affects constituents in my area and the rest of the people of the State of Illinois."

"Mr. DeLuca." 09600120.doc 165  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

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

"Gentleman yields."

"Representative Carberry, I understand this is a very important issue. It's a serious issue, and Representative Black had pointed it out earlier. However, I think there's many of us that have a question here, and that is we'd like to know where your red jacket is?"

"I tried it on. It didn't fit, Representative."

"You tried it on and it didn't fit. So, there is one on the grounds here? Where is the jacket that you tried on? Could you show it to us, please?"

"It's been… it's been misplaced."

"Representative Dugan, what do you have on today? I can't see you over there. Dugan. Can you hit Dugan?"

Speaker Lang: "Representative Dugan, to respond about her wardrobe."

"Yes. I did want to say that, yes, the… the red jacket did not fit him, so it's still in my closet at home."

"I understood there was a series of these jackets in Representative Ramey's office, in various sizes. Have you completed your remarks, Sir?"

"Yes, I have. Thank you, Mr. Speaker."

"Thank you. Representative Rose."

"May we move the Bill now, Sir?"

"I know. Representative Carberry to close." 09600120.doc 166  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"I strongly, strongly, recommend and urge you to vote 'yes' on this Bill for the youth of… children of Illinois. Thank you."

"Those in favor shall vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Will Davis. Durkin. Please take the record. On this question, there are 104 voting 'yes', 5 voting 'no', 4 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Congratulations, Representative. House Bill 6158, Representative Reis. Please read the Bill. No. Out of the record. How about the next one, Sir? House Bill 4837, it's also your Bill. Please read that Bill."

"Mr. Reis."

"The Gentleman moves for the passage of the Bill. The Chair recognizes Representative Riley."

"Point of personal privilege."

"Please state your point, Sir." 09600120.doc 167  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"I just want to state that on the last Bill, 5762, I want to be recorded as voting 'aye', instead of 'nay'."

"The record will reflect your wishes. The Chair recognizes Representative Miller."

"Thank you. On a point of personal privilege, on the last Bill, too. On House Bill 5762, I would… my switch got stuck. I would like to be recorded as voting 'aye'."

"The record will so reflect. On Mr. Reis's Bill, those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Cultra. Please take the record. On this question, 90 voting 'yes', 23 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4679, Representative Flowers. Please read the Bill."

"Representative Flowers."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Current law says that the insurance company… any insurance company from discriminating against people with disabilities in connection with the premiums, the rates, and the benefits and is also… except for, to the extent that the reason for doing so is based on sound, actuary principles. So, at one point it says that… that they prohibit any insurance company from discriminating against people with disabilities in connection with the premiums, the rates, or the benefits. Then it goes on to say, to the extent that the reason for doing so is based on sound, 09600120.doc 168  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 actuary principles. It also says that it's unlawful to discriminate against individuals who are of the same risk classification and the insurance company must treat people equally, but it goes on to say, unless there is a rational basis for the decision to treat a person less favorably. I would like to, with House Bill 4679, take those exceptions out of the Code and make it against the law to discriminate. And I'll be more than happy to answer any question you may have."

"The Lady moves for the passage of the Bill. This Bill is on Standard Debate. The Chair recognizes Representative Watson."

"The Lady yields."

"No. None whatsoever. Because we're talking about people with disabilities, and it doesn't talk about rate. It says that you may discriminate to the extent that the reasons for doing so is based on sound, actuary principles. 09600120.doc 169  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Then it goes on to say that you may discriminate if there is a rational basis for decision to treat a person less favorably. So, I can't imagine what that rationale would be for anyone to think that they could treat you or I less favorably. That is discrimination. The law says in the beginning that… provide that no company in any policy or absence of health insurance shall make or permit any distinction or any discrimination, that's what it says, but then it goes on to make an exception. The next section says, House Bill 46… well, anyway, my point to you is it's not right to make that distinction against people with disabilities, against people for less favorable reasons. There's no rationale for it at all. And if this… if in the first part of the section it's discriminatory, it's discriminatory in the second part. There should be no carve outs for any reason for discrimination."

"I just want to clarify something. I introduced my Bill back in '09, so I don't know what the intent of the 09600120.doc 170  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Federal Law was. But the most important thing with the Federal Law, it will soon be law that we all must pay for the insurance and it doesn’t say, to the extent in which you are able. If you're not able, there will be some ways and means provided. Some provisions will be made for that insurance company to get your money."

Speaker Lang: "Have you completed your comment, Sir? Representative Osmond."

"The Lady yields."

"Well, someone had mentioned in committee, Representative, that this was already the law as far as not being able to discriminate. And so, I said I will hold it and come back with an Amendment or I will not call the Bill if such existed, but the purpose of me introducing the Bill was to eradicate the exception. And so, therefore, that's the reason why I came over to talk to you, and I explained to you about this particular Bill and I showed you specifically what it is that I was initially trying to do in committee. And therefore, the reason why an Amendment would not be necessary because the Bill, as it stands, was doing exactly what I wanted it to do, eliminate that part of the discrimination."

"Representative, what is addressed right now is that everyone in this country must pay for insurance. So, why should I have to pay for something and I'm going to be discriminated against?"

"This is the law. It's not like I can recuse myself or say, well, I'm not going to get any insurance because I'm know they're going to discriminate against me."

"Well, Representative, you know, in the present law that was passed by the Federal Government, there's time lapse for different parts of the law. And that particular section in which you are talking about will not take effect until 2… 2014. So, in the meantime, we have between 2010 and 2014 that these people will be trying to get insurance and they will be discriminated against for… to the extent that the reason for doing so is based on sound, actuary principles or provide that there is a rational basis for the decision to treat a person less favorable."

"Well, Representative, there may be, but, obviously, we need to take this out because we're saying that it's okay if the insurance industry do it under these 09600120.doc 172  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 conditions. So, that's the reason why it's important that we eradicate these few lines."

"You know, quite frankly, I have not heard from them and it's impossible for me to remove their opposition because it is the industry that benefits from this because they can discriminate. They can rescind anyone's policy. They can take it upon themselves to pay or not to pay. That's their choice. They don't even adhere to the rules that the Department of Insurance put up in regards to rescissions. So, I wish I could do something about them, but unfortunately, I can't. And this is the closest that I could come to having them not to discriminate."

"Representative Tracy."

"The Sponsor yields."

"Representative, may I say to you that in the… in the Bill, it says, in the current law, prohibit any insurance company from discriminating against people with 09600120.doc 173  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 disabilities in connection with the premiums, the rates, the benefits, or any other terms, or condition of coverage. That's one Section. Then it goes on to say that it's unlawful to discriminate against individuals who are of the same risk classification. The insurance company must treat people equally to the extent, based on their age, their gender, their health, their history, their diagnosis, and other factors. The individual represents the same level of risk. So, as far as age, according to the insurance, they are not to discriminate. That's current law. But then it goes on to say, unless there is a rational basis for decisions to treat a person less favorable. And it goes on to say, notwithstanding, an insurance company may legally treat people with disabilities less favorably. That is unacceptable. That is totally unacceptable."

"And Representative, you know, certain things in life you have control over. Where your beach house sit versus where someone else's beach house may sit. You have control over that, but again, I’m say… what I'm reading to you is the current law. The current law says, it's also is unlawful to discriminate against individuals who are of the same risk classification and it gives an example. An insurance company must treat people equally to the extent based on their age, their gender, their health history, diagnosis, and other factor. Now, that's what it says, but it goes on to say, unless… So, by whose opinion is this unless there's a rational basis for decisions? So, is it… it's not because of age. It's not because of gender. It's not because of health because that part is against the law."

"Pardon me?"

"Well, Representative…" 09600120.doc 175  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Representative Flowers to complete her answer."

"Representative, the… you stated that the insurance company is in the business to take a risk. We're taking a risk on them as well, because we're playing… they're playing Russian roulette with our lives. And the insurance industry is the only… they're play… they can't have it both ways. They're saying in one section, and I'm… I will continue to repeat this because I'm repeating current law. It is also unlawful to discriminate against individuals who are of the same risk classification. An insurance company must, must… current law says insurance company must treat people equally to the extent based on their age, their gender, their health, their history, their diagnosis and other factors. The individual represent the same level of risk. Individuals in the same risk classification cannot be discriminated against as to premium rates, benefits or…"

"Mr. Mautino."

"Yes, Speaker. Will the Sponsor yield?"

"The Lady yields."

"Mary."

"Oh, yes."

"Yes, right behind you, over here."

"Yes."

"And I apologize. I was out of the room when you were… began presenting the Bill. As I… as I look in here and I understand the language about nondiscrimination. And in the language itself, will this then make the State of Illinois a guarantee issue state? In other words, if someone does not… if you are diagnosed with cancer today, 09600120.doc 176  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 and you go to the insurance company tomorrow, will they have to then, by action of this law, write a policy for you?"

"Representative, I just want to show you the headlines of the USA Today's newspaper. The president is signing the Bill. It is the law. It will take effect 2014 that everyone in this country, not you may have, but you must have. That is a mandate. If you don't have insurance, you will be penalized. So…"

"Correct. That is not the answer to the question I asked you."

"So… and your… your question?"

"With passage of this Bill today, will the State of Illinois become a guarantee issue state? It's a yes or no."

"No."

"That's not correct the way…"

"Yes, it…"

"…I read your Bill."

"Sir, the only thing my Bill…"

"The second question that I would ask for you…"

"…the only thing my Bill is doing is eliminating what the first part of the paragraph says, it shall not discriminate, put a period right there."

"In the case of preexisting conditions…"

"It does… we're not talking about preexisting conditions because, again, the Bill says… the current law… I'm reading current law. It is also unlawful to discriminate against individuals who are of the same risk 09600120.doc 177  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 classification. An insurance company must treat people equally to the extent based on their age, their gender, their health history, their diagnosis, and other factors, and other factors. The individual represent the same level of risk. That's current law."

"So, in the Bill, do you have an individual… as I read this, and this is the reason that I ask because I understand that nondiscrimination on disability, and I agree with that. My concern is in the way that you have drafted the Bill. As I read it, you have created a situation which would also encompass and roll in preexisting condition. I understand that and I think on the Federal Law that is going to be dealt with, but should the language in there, as it appears today, go into effect without an in… individual mandate, my concern is that your Bill will, by either choice or accident or… or intention, cause that to happen. And that's the only concern I had in the language is… is we may want to ensure that until 2014, when there is an individual mandate and coverage and everyone is in, that this language be carefully crafted so that it doesn't have adverse consequences."

"Adverse consequences? Representative, we're talking about the current law. Please. Now, wait a minute. You do not put more into my Bill than what the actual Bill says. It doesn't… my Bill, again, would merely eliminate the existing exception to the Insurance Code prohibiting against discrimination that would permit insurers to legally treat people with disabilities less favorably, Sir, to the extent that the reason for doing so is based on 09600120.doc 178  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 sound, actuary principles. House Bill 4679 also would pro… prohibit any insurer from making distinctions among members of the same risk classification such as age, gender, health history, relative to premium benefits or terms of condition. House Bill 4679 remove the existing exceptions that allow distinction between members of the same risk category provide that there's a rational basis for decision. So, the only thing my Bill is doing is eliminating the part that allows a person with disability to be treated less favorably. I want to disallow an insurance company may legally treat people with disabilities less favorable."

Speaker Lang: "Mr. Mautino, are you completed with your remarks?"

"I under… and to the Bill, Sir. I just have concerns on the language. I understand what the intent… I don't know that that's what the language does and… and I have those concerns. I wanted to share those with the Body."

"Thank you. Mr. Fritchey, are you speaking for or against the Bill, Sir?"

"Speaker, my intention was to move the previous question."

"You don't need to. Representative Flowers to close."

"Mr. Speaker, Ladies and Gentlemen of the House, I would appreciate an 'aye' vote to eliminate discrimination in the State of Illinois against people with disabilities and other reasons why, currently, that the insurance 09600120.doc 179  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 companies can legally discriminate against people period. I would appreciate an 'aye' vote. Thank you."

"Those in favor of the Bill shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Burns, Colvin, Crespo, DeLuca, Ford, Howard, May, Osterman, Washington. Mr. Clerk, please take the record. On this question, there are 54 voting 'yes', and 55 voting 'no'. Representative Flowers."

"Mr. Speaker, I would like to place this Bill on Postponed Consideration."

Speaker Lang: "The Bill shall be placed on the Order of Postponed Consideration. House Bill 5802, Representative Senger. Please read the Bill."

"Representative Senger."

"The Lady moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, 113 voting 'yes', 0 voting 'no'. And this Bill, 09600120.doc 180  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 having received the Constitutional Majority, is hereby declared passed. Moving down my list, House Bill 5596, Representative Bassi. Out of the record. House Bill 5756, Representative Fortner. Please read the Bill."

"Mr. Fortner."

"Gentleman moves for the passage of the Bill. And on this question, the Chair recognizes Representative McCarthy."

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

"Gentleman yields."

"Representative, our analysis talks about state owned infrastructure and highways, I guess. Now, would that include the federal highway system then or…"

"So, if that is… there's construction on some of our interstate system…"

"…even though because they are federal… well, they're federal highways, but they…"

"…you… your intent is this would be a… this would apply to that?"

"Okay. And I know at the end of your remarks, you say you're still working on some things. Have you done anything to relieve some of the opposition that…"

"And have they withdrawn, or at least gone to no position, or are they still considered opponents…"

"…of the legislation?" 09600120.doc 182  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Okay. Have you determined who that Sponsor's going to be?"

"Senator Wilhelmi. Okay."

"Of JULIE? Very good. Thank you, Representative."

"Mr. Fortner to close."

"Those is favor shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Black, Collins, Fritchey, Harris, Hoffman, Jefferson, Turner. Mr. Clerk, please take the record. On this question, 109 voting 'yes', 2 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Brady."

"State your point, Sir."

Speaker Lang: "Next, Mr. Clerk, House Bill 4658. Representative Frank… Franks. Please read the Bill."

"Mr. Franks."

"Thank you, Mr. Speaker. I appreciate this opportunity and I want to first thank Representative Rose for helping me on this Bill. And this is a Bill… thank you. I think it's a very important Bill that's dealing with the reality of today. This Bill, House Bill 4658, creates the Employee Credit Privacy Act, which would prohibit an employer from inquiring about or using a current or prospective employee's credit history as a basis for employment. The Bill does provide exemptions for the banking and financial industry, state law enforcement, and investigation units, and some state government agencies. Our nation, as you know, is facing the harshest economic situation we've seen in decades and our jobs are scarce. Here in Illinois, one in 12… I'm sorry, one in 8, not one in 12. One in 8 Illinoisans are underemployed, and that does not include our underemployment numbers. And while citizens continue to struggle to find employment, they also continue to experience financial hardships that are often unpreventable and hardworking citizens should not be faced with yet another obstacle to obtaining employment based on the credit history that may be simply a reflection of today's troubled economy. And credit checks are a practice that 09600120.doc 184  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 victimizes people who have lost their jobs and this practice has not been administered fairly and therefore, we need to change it. I was inspired to fill this legislate… to file this legislation while hearing the stories of my own constituents. And since we have filed this legislation, we've heard from many more. These people are losing their homes because of the economy, and because they've lost their jobs. And we need to protect individuals who have… who, through no fault of their own, have found themselves in this difficult situation. People deserve a second chance. Now, I'm a business owner and I understand both sides of this issue. And it's important that we do not create a permanent underclass as a result of this recession. As elected officials, we need to be doing everything we can to help people get back to work. Now, some of the biggest employers in our country received federal bailout money in 2009, and many of those same employers also filed bankruptcy but, those are the same companies that have taken those taxpayer dollars, that are discriminating against potential employees based on their credit history, and that's absurd. These companies were in need of bailout money for the same reasons that job seekers are in need of this Bill, poor economic circumstances. Now, I've heard a lot from many of our constituents. Now, today, if you read the Chicago Tribune, there's an article written by Greg Burns, and he… and this was very interesting. He talked about for millions of Americans laid off in this recession, the job search just isn't working. And the really bad news is, almost no one will be 09600120.doc 185  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 able to recover the financial ground net that they've lost. Involuntary layoffs result in lower lifetime earnings. Income lost in a layoff, mostly stays lost forever. Layoffs also resolved in devastating health consequences because people lose their health insurance. Families suffer. Also, job loss of a parent leads to higher dropout rates and lower tests scores for their children. We need this Bill. I was… I received, literally, hundreds of e- mails from constituents and from members from all throughout the state about this Bill. One lady from Wheaton says I want to thank you for sponsoring this Bill to stop employers from looking at anyone's credit report. For us, the unemployed, we have so many challenges to meet. When can we expect this Bill to pass? I got an e-mail from a Shaw… Shanta in Chicago who told me about her cousin Tiffany, whose mother had bad credit and she used Tiffany's information and gave her bad credit. So, at 15 years old, Tiffany had a house, cell phone, and host of other items in her name. And now that Tiffany's 26, she's unable to get a car loan or anything else because of her damaged credit. And there's many, many more of these type of letters that we're getting. I'd be happy to answer any questions."

"The Gentleman moves for the passage of the Bill. And recog… and the Chair recognizes Representative Rose."

"Mr. Watson."

"Gentleman yields."

"Yes. The credit reporting companies don’t like it because then they're going to sell less credit reports."

"They haven't contacted me on this. I presume, I know that other chambers in other states… and I'm glad you brought that up. There's 16 other states that are looking at this right now. A couple have already passed it, including Hawaii and Oregon, but they were the… there was some oppo… there was some opposition, I believe, in Maryland, but nobody from any of the business communities have contacted me on this."

"Oh, I was just told the Chamber opposed it in committee, but nobody ever spoke to me about it, and they slipped in."

"I… they never… they never testified and didn't say anything."

"Mr. McCarthy."

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

"He will yield."

"Representative Franks, it says in their analysis that the change you made, in one of the Amendments, was to eliminate the required… or credit history and to change it to credit score. What… could you explain what that… that made a difference why?"

"Well, we did… I'm glad you brought that up. I went back to the original Bill, so it'd be the credit history. The credit score, I thought as a compromise when I was dealing with the… with the credit agencies, the reporting agencies. And then as I got more into it, I realized that that would've not been what we're trying to do because most employers don't use the credit score, they utilize the credit history. So, after getting more research on it, I decided let's go back with the original Bill."

"So, credit history is still in the Bill as…"

"Yes, Sir."

"…presented here, today? And Floor Amendment #2, was that added to the Bill yesterday or today?"

"Yes. It was added to… it was added yesterday. And it… it's a gut and… I believe it's a gut and replace. It changed it back to what we had originally…"

"Okay."

"…just to have credit history." 09600120.doc 188  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"The system doesn’t show that it was added, so I just wanted to check that out before we went forward, so. Thank you for your good work on this measure."

"Thank you for clarifying that."

"Mr. Black."

"State your inquiry."

"I'm not certain."

"He may have more."

"Mr. Clerk."

"Mr. Black."

"Mr. Clerk."

"Bear with me."

"Bear with me…"

"…one moment, Sir."

"Yes. And Floor Amendment #2, all that did was chan…"

"Mr. Franks."

"All Floor Amendment #2 did was change… was replace the word 'score' with 'history', as we had it originally."

"Mr. Black, I'll give you an additional…"

"…minute."

"Correct."

"Mr. Black, I'm not sure the… we asked the right question there, because credit score would not be included in this legislation. It would just be credit…"

"…history. So, it… it wouldn't matter which… what your cred… we're not going to have credit score, whatsoever."

"We'll be dealing with credit history."

"Mr. Black, if you could bring your remarks to a close, Sir."

"Well, we do have exemptions where you would be able to use that credit history. For instance, any bank holding company, bank, savings bank, savings and in loan, a credit union, or trust company, any state law enforcement, or investigative unit, and any state or local government agency, which other… otherwise requires use of credit history. So, there are some exemptions to this. If that answers your question."

"Mr. Black, your time has expired. Do you need another minute, Sir?"

"I'll give you a whole minute."

"And I…"

"Representative, this… we've also included… and I understand. I had the same concerns that you do on this. So, when… when we rewrote this Bill, we also exempted those that would have unsupervised access to cash or marketable assets…"

"…worth more than a thousand dollars…"

"…and also the duties and the position include signatory power over business assets of a hundred dollars or more per transaction."

"So, anyone that's handling the money, those people are not going to be exempt."

"Mr. Black." 09600120.doc 192  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Surely, Sir."

"We have a little more time on the floor…"

"…Sir."

"I think we may make that deadline, Sir. The Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Carberry, Golar. Please take the record. On this question, 89 voting 'yes', 24 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5242, Representative Bellock. Please, read the Bill. Representative, you need to move the Bill back to Second, I understand. Is that correct?" 09600120.doc 193  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Please pace… place the Bill on the Order of Second Reading. Representative… Mr. Clerk, please read the Bill."

"Representative Bellock."

Speaker Lang: "The Lady moves for the adoption of the Amendment. Those is favor say 'yes'; opposed 'no'. Representative Tryon, I did not see your light on. Do you have a comment on this Amendment, Sir? We'll get back to you. Those in favor of the Amendment say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill for a third time."

"Representative Bellock."

"Lady moves for the passage of the Bill. The Chair recognizes Representative Fritchey."

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

"The Lady yields."

"Representative, two questions. Number one, why are a number of the various human service agencies Heartland Alliance, Fraternal Child Health Coalition opposed to the Bill?"

"Are you aware of any opposition to the Bill now?"

"Un… understood."

"Is their concern cost driven?"

"And that was actually the next part. So, if there's not an upfront cost to us to perform a forensic audit, so, the agencies that we would hire to do this would do this on a contingent basis?"

"What percentage would they get of what's recaptured?"

"Do you know… Well, it's not really worked out through rules. It's probably going to be worked out through contractual agreement."

"I mean, do we know if it's a third, if it's a quarter? I mean, my concern is the… the idea is a great idea."

"We should really do this is a lot of areas, but if there's no parameters so to how this is entered into… Let's say they find us $2 billion in savings, and they get a third of that. They now stand to reap, you know, two thirds of a bill… you know $666 million as a fee for doing an audit that may have a private market value of a million dollars, let's say."

"And yeah, I'm pulling numbers out of thin air here, but you… you understand my concern?" 09600120.doc 196  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"All right. I think the only thing I would suggest is that whether it's done through the rule making process or simply through the department's contractual authority, that it may be on a contingency but not to exceed what the commercial value of… or the commercial cost of that audit would be."

"I…"

Speaker Lang: "Please bring your remarks to a close, Mr. Fritchey."

"Yeah. I already may have, I think. Yeah, you know what, I think I did. Never mind."

"Representative Harris."

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

"Sponsor yields."

"Representative Bellock, just to… so I'm sure I understand what this will do. When you say recapture, is this a similar process to recoupment in the private insurance industry?"

"So, this is… so, what I guess my question would be, this is a process whereby the Medicaid payers would be looking at providers such as hospitals, and doctors."

"And they're looking for things like inaccurate reporting of CPT codes…"

"…or inappropriate bundling?"

"This does not necessarily go after a family who may be using Medicare for its choice."

"This just goes…"

"…after…"

"…wrongful conduct or mistakes by providers to be sure we're getting our money's worth."

"Yes. Thank you very much, Mr. Speaker. To the Bill. I think this is a very good Bill. I mean, it's all of our constituents are very concerned that we look at each and every pro…"

"Take an additional minute, Sir."

"…to be sure that our dollars are being spent wisely. Medicaid is one of the largest expenses our state has and I commend the Member for bringing this Bill forward. Thank you." 09600120.doc 198  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Mr. Flider."

"Will the Sponsor yield?"

"Lady yields."

"Yes. Representative, at the… this is an important question I for you at the… at the national level during the health care debate and so on, there's been discussion of eliminating fraud and abuse of the system and so on. And some people believe that eliminating or finding ways to eliminate fraud or abuse will result in loss of services in some way, which I've never really understood. But I think it's important to ask you this question, as well. Will this program, in any way, result in any kind of loss of services to those who are currently served by these programs?"

"So…"

"…the idea would be then for those dollars to go farther?"

"Okay. I think it's a good Bill. I…" 09600120.doc 199  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"…commend you for it. Thank you."

"Those in favor of the Bill should vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Tryon."

"We're doing a mix of Bills here, Sir. But then we will be back on some Second Readings Bills shortly, I believe."

"Don't be nervous. We've got you covered, Sir."

"Thank you for that important information, Mr. Tryon. Mr. Fortner."

"Please proceed."

Speaker Lang: "Thank you, Mr. Fortner. House Bill 5631, Representative Kosel. Do you wish to call the Bill on Second Reading, Representative? I'm told…"

"All right, out of the record. House Bill 6140, Representative Tracy. Please read the Bill."

"Representative Tracy."

"Lady moves for the passage of the Bill. Those in favor say… vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Coulson? Please take the record. On this question, 108 voting 'yes', voting 'no', 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Durkin."

"State your point, Sir."

"Thank you for that enlightening comment Mr. Durkin. So, House Bill 5565, Representative Coulson. Please read the Bill."

"Representative Coulson."

"Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Feigenholtz, Nekritz. Please take the record. On this question, 113 voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4779, Representative Moffitt. Please read the Bill. Mr. Moffitt, I'm told you have Amendments. Do you want the Bill returned to Second Reading, Sir?" 09600120.doc 203  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"All right. Let's first move the Bill back to the Order of Second Reading and Mr. Clerk."

"Mr. Moffitt, what's your pleasure on Amendment 2, Sir?"

"Amendment 2 is tabled with leave of the Body. And your pleasure on Amendment 3?"

"You want to explain it, Sir?"

"Okay."

"Those in favor say 'yes'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill for the third time." 09600120.doc 204  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Mr. Moffitt."

"The Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mulligan. Please take the record. On this question, 112 voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. We're 09600120.doc 205  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 returning now to House Bill 5640, Representative Reboletti. Mr. Reboletti. You've already explained the Bill, Sir."

"Mr. Fritchey."

"Thank… thank you, Speaker. I… and I just want to clarify just so the Body understands, so we have this on the record. Representative, I believe you and I are on the same page that the intention here will be that language will be put in the final version, whether it's to the House Bill or to the Senate Bill, that there will be a requirement a 'knew or should've known' requirement on the part of the defendant that the minor victim had consumed alcohol?"

"Those in favor…"

"I apologize. I thought that you were finished. Please proceed, Mr. Reboletti."

"Representative Nekritz. Representative Nekritz does not with to speak, but does wish to wave. Those in favor of the Bill shall vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 09600120.doc 206  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Representative Feigenholtz and Reboletti. Please take the record. On this question, 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6065, Leader Cross. Mr. Clerk, please… Mr. Clerk, please read the Bill."

"Minority Leader Cross."

"Those in favor of the Amendment shall say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 5197, Representative Brady. Mr. Brady. Please read the Bill."

Speaker Lang: "Out of the record. House Bill 6749, Representative Smith. Mr. Smith. Please read the Bill."

"Mr. Smith."

"Thank you, Mr. Speaker. This was discussed earlier today. We took it out of the record so we could get some clarification from the retail merchants and I believe Representative Rose and some of the other Members on the other side of the aisle were able to talk to them. I don't know that we have a change in opinions, but I do think we got some questions clarified. Basically, this program for the Energy Star Rebates is a ten day program, runs from April 16 through the 25 of April. And retailer… there are currently 615 retailers are signed up for the program. What this legislation does is guarantee that in the event that the federal money would all be spent within the first three days of that period, that 10-day period, then the state would provide the money to back that up. The department has money in reserve, but this is to guarantee 09600120.doc 208  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 to the retail community that there would be state money to keep them whole. But I would point out, that if that happened; the only way that would happen is if we sold $90 million worth of appliances in a 3-day period. And if we were to do that, the state would realize a $5 million do increase in sales tax revenue. So, you could make the argument that any money that we might be spending out of GRF would be made up through the gain in sales tax. But again, I would stress, that's only if we run out of funds within the first three days of the rebate program. Hopefully that clarifies some of the questions that we had earlier. Again, this is an initiative of the Illinois Retail Merchants Association. It will provide some reassurance to them that the State of Illinois fully stands behind this program, which is not only a stimulus for the economy in terms of all of the new purchasing of appliances, but also great for the environment as well by putting a whole lot of more energy-efficient appliances on the market. I'd be happy to answer any questions, Mr. Speaker. I encourage an 'aye' vote."

"The Gentleman moves for the passage of the Bill. The Chair recognizes Representative Fritchey."

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

"Gentleman yields."

"Representative, unfortunately I think I may understand this Bill a little better than I did before. As I understand this now the discussion that was had before was inadvertently incorrect. In… in effect, should the program be successful enough as to deplete the federal 09600120.doc 209  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 dollars we've received, state dollars would then be used to provide the otherwise federal benefits?"

"That is correct, yes."

"So, we are creating…"

"Only… and the only way that could happen I'm told is if we spent all of the federal dollars within the first three days."

"Understood, so if the program is a success and does exactly what the federal government wanted it to do, it would deplete the federal money and then state dollars would be being used. Correct?"

"Yes. Now the department… the department has a balance in the fund. They think they can cover that difference, but this would guarantee that."

"They think they can, but if they can't, we are now… and Mike this… it's tough for me to oppose and I… I know your intentions here. But at a time when were looking at, not looking at, at a time when we're seeing teachers laid off, services cut back, you know, us being unable to meet our obligations or provide basic services, we're now looking at basically subsidizing an expanded federal program. It's not the feds coming back and saying we'll give you more money if this thing works real well. It's us coming back and saying if this works real well, we'll take state dollars to subsidize these retailers to do these things at a time when, you know what… and listen, we need to support business but we need to support schools, we need to support roads and bridges, we need to support parks, we need to support a lot of things." 09600120.doc 210  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Again… again, though if this were to happen it means we would have sold $90 million worth of appliances and the state would realize a significant gain in sales tax revenue."

"Well, understood. They gain… they'd gain an increase in sales tax revenue offset by an incentive that we gave to give that. I mean, if that's the case we should say that this should be an unlimited fund because all these additional sales we can get, you know, we'll get sales tax revenue. And I don't mean that facetiously. It's that, you know, that argument only goes so far though that if we incentivize them to have more sales they'll sell more we'll get sales tax revenue. Well, then we should give an unlimited incentive to every retailer of every product around the state because we'll get sales tax revenue. But the fact that, again, we need to prioritize now where we're going to put our state dollars. The Federal Government decided to do this program they gave us a limited amount of money for the program; we should hope that the program is successful enough to use that money and then call it a day. You know, it would be analogous to cash for clunkers. Cash for clunkers was a…"

"Please take a minute to finish your remarks."

"Thank you. Cash for clunkers was a fantastic success, but when the money ran out, the money ran out. We didn't see the state coming and saying we'll underwrite it so we can keep selling cars at a reduced price. I… I get it. I get the retail merchants wanting to get the help they can for their retailers. I understand the indirect benefit 09600120.doc 211  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 to the state, but there's a real question as to as far as whether this is where the money should be allocated. Thank you, though."

"Representative Sullivan."

"Representative Coulson."

"Sponsor yields."

"Yes, Representative, the dates are April 16 through the 25th."

"I'm sorry?"

"About 10 days, 10 days."

"Yeah. It's Earth Week I'm told."

"Is there any other reason?"

"No." 09600120.doc 213  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Yeah. The other part of this, obviously, is getting retailers to participate and to make sure that they feel assured in participating. As Representative Sullivan said, you know, we want to encourage the mom and pop businesses and not the big chains who are going to participate no matter what."

"Well, I…"

Speaker Lang: "I'll give you a minute to complete your remarks."

"Representative Rose."

"Representative Walker."

"Will the Sponsor yield?"

"Gentleman yields."

"Representative, is it your belief that without this Bill this program will not be successful?"

"I wouldn't say that, Representative Walker. I think the program will go on, but I think this will certainly help the program, will bolster the confidence in the retail community in the program."

"To the Bill. I will support this Bill primarily because in my district we have significant manufacturing of parts for white goods and this will be a boost to our economy especially our manufacturing sector. Thanks."

"Representative Mulligan."

"Mr. Smith to close."

"Thank you, Mr. Speaker. I would just encourage my colleagues to take a serious look at this. We're talking about providing some minimal state protection for what could be a potentially significant boost to our economy. Not only for retailers, but also in terms of the sales tax 09600120.doc 216  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 revenue that could be generated, not just for the state, but for our local governments as well, for your municipalities, your counties and other units of government that rely upon sales tax. I'd ask you to a join with the retail merchants and support this program and support business in the State of Illinois, support small business in the State of Illinois. And I'd ask for an 'aye' vote."

"The Gentleman moves for the passage of the Bill. The question is, 'Shall this Bill pass?' Those in favor shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Brady. Please take the record, Mr. Clerk. On this question, 83 voting 'yes', 30 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5859, Representative Jakobsson. Please read the Bill."

"Representative Jakobsson."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5859 amends the Illinois Public Aid Code to allow a qualified provider, and we're talking about dentists, who's volunteering his or her time at no cost to a not-for-profit health clinic to designate the health clinic as an alternate payee for payment of claims for reimbursement. These dentists would like to volunteer their services and by allowing them to do this, it will help a lot of our children throughout the state get these much needed dental assistance." 09600120.doc 217  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Lady moves for the passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Reis. Mr. Clerk, please take the record. On this question, 111 voting 'yes', and 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5914, Representative Collins. Please read the Bill."

"Representative Collins."

"Thank you, Mr. Speaker. 5914 just does a couple of things. The Bill just… first, it adds one or more requirements to our… to an existing report. Right now, if the kid goes to… getting ready to go to the parole board, they want due process. So, this Bill allows due process and it gives the board a different options which is to continue parole instead of… revoking parole. And so, I ask for an 'aye' vote. This is an agreed Bill; everybody's on board. We negotiated most of the Session over this Bill. And I ask for an 'aye' vote."

"The Lady moves for the passage of the Bill. Representative Reboletti."

"Lady yields."

"They're still going back to the Review Board." 09600120.doc 218  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Yes."

"Yes. The only thing we did was give them another option that they could release from parole or they don't have to. But they wanted to make sure that they had due process, that's all."

"Representative Moffitt."

"Sponsor yields."

"Yes, we did. And this is the… Amendment #2, I believe, that we adopted and all of the opposition is gone."

"Yes."

"Yes."

"Those in favor of the Bill vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Brady. Please take the record, Mr. Clerk. On this question, there are 81 voting 'yes', 32 voting 'no'. And this Bill, having 09600120.doc 219  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 received the Constitutional Majority, is hereby declared passed. House Bill 5836, Representative Golar. Please read the Bill."

"Representative Golar."

"Thank you, Mr. Speaker. House Amendment #2 actually clarifies this Bill in terms of the carry all for the asthma inhaler. It provides written authorization for a pupil's health care provider for the use of an auto- injector. Now, in the authorization is from self- administration, the pupil's parents. And it also requires the parents or guardian of a pupil to provide to the school the prescription label instead of requiring the parent or the guardian of the pupil to provide to the school a written statement from the pupil's health provider containing specified information. This is excellent legislation. For years many of our children have had to carry their auto-injector inhaler and actually hide it. Provisions have been put into the statute. I think this strengthens this legislation and it brings about a hold- harmless clause for the school. I would urge an 'aye' vote."

"Those in favor of the Bill shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Turner. Please take the record. On this question, 113 voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House 09600120.doc 220  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Bill 5918, Representative Golar. Two in a row, Representative, do you wish to move this Bill? Out of the record. House Bill 5419, Representative Mell. Out of the record. House Bill 6412, Representative Lyons. Please read the Bill."

"Representative Lyons."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 6412 we amended the… we put the Amendment on yesterday which becomes the Bill. The short version of this, this Bill puts Illinois in conjunction with the Truth in Lending Act and the Regulation Z that went into law at the federal level back in February. It's got a host of wonderful things that a consumer friendly things that protect consumers in here. And I'd be happy to answer any questions. I think it's… It came out of committee unanimously, has bipartisan support. I'd ask for your 'aye' vote."

"The Gentleman moves for the passage of the Bill. Those in favor say… vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Acevedo. Please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6349, Representative Beiser. Please read the Bill."

"Mr. Beiser."

"Thank you, Mr. Speaker, Members of the House. House Bill 6349, as amended, amends the Employment of Illinois Workers on Public Works Act and repeals the Public Work Preference Act. It repeals that because it has been ruled unconstitutional. The Amendment… the Bill, as amended, does the following things: it ensures that on public works projects financed by the State of Illinois that at least 90 percent of the workers will be Illinois workers. It changes the penalty for violating the Act from a criminal offense to a civil offense, it established an arbitration system allowing any person deemed to violate the Act the opportunity to file a written request for an informal conference. It creates the Employment of Illinois Workers on Public Works Fund project fund. And it also allows an interested party to file suit in circuit court. I'd be happy to answer any questions. It came out of committee unanimously, but I believe there are questions."

"The Gentleman moves for the passage of the Bill. The Chair recognizes Representative Durkin."

"Gentleman yields."

"I recall that conversation." 09600120.doc 222  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"We have not because we didn't want to have offer Amendments in the House due to the deadline. I think we talked about working with the Senate Sponsor, if I recall the conversation correctly."

"Points well-taken."

"Those in favor of the Bill shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 107 voting 'yes', 5 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4990, Representative Bost. Please read the Bill."

"Mr. Bost." 09600120.doc 223  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Those in favor of the Bill shall vote 'yes'; those opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Winters, Davis. Please take the record. On this question, 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5230, Representative Bradley. Please read the Bill."

"Mr. Bradley."

"This is a Bill that was proposed by the Illinois Chamber of Commerce. It's designed to make and process a DCL more efficient to eliminate paperwork and eliminate identical reports. I ask for an 'aye' vote."

"Those in favor vote 'yes'… Sorry. Mr. Franks, just in the nick of time."

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

"Gentleman yields."

"What's the genesis of this Bill?"

"Are you talking to me? I thought you were talking to somebody else. You said Senator; I'm a Representative." 09600120.doc 224  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Well, I just… last time we had this debate I thought I was talking with Senator Forby. So…"

"I'm going tell him you said that."

"Good, good. So, Representative… Okay. Representative Finch, could you please tell us the genesis of the Bill? Come on, Atticus, we're waiting. Is this counting against my time? I want to know."

"It certainly is, Sir."

"Did you have a question?"

"Yes. The genesis of the Bill… Mr. Finch?"

"A genesis of the Bill. Well, the Chamber of Commerce had an idea and they took it down to LRB and had it drafted and then they brought it to me and I signed it. And we took it to the Clerk's Office and filed it. And then it went on First Reading."

"Thanks. That’s…"

"…and after First Reading it was assigned to the Rules committee."

"Can I have more time?"

"This also counts against your time, Sir and it's your own fault."

"Well, here's my point. I… we actually passed a Bill like this a few years ago and I'm just wondering what this one does differently to the Bill that we had previously passed?"

"I have no idea. I haven't been here as long as you have. I don't have as much gray hair either, Jack."

"All right. So, you don't know what the Bill does. Yeah. No…no, that's a good question." 09600120.doc 225  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"No, wait a minute. I know what the Bill does. I don't know what the Bill you're talking about from back in the 1800s did."

"But what does this Bill do?"

"It eliminates identical paperwork."

"Oh, okay, I get it. I thought the Bill was working pretty well before. Is there going to be cost savings here, Mr. Finch?"

"Hello? What?"

"Will there be cost savings here for the state?"

"The Chair wonders if you need more time, Mr. Franks?"

"Just a little."

"Well, I'll give you one minute, but if I could only give you ten seconds I would."

"I object to him having more time. I object. All those in favor say 'aye'."

"Okay. Well, I appreciate Atticus bringing this to us to save the state money and I'm glad to see how well involved you are in the process. So, I encourage an 'aye' vote."

"Thank you very much, Representative."

"Those in favor of the Bill vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, 112 voting yes, 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Bost." 09600120.doc 226  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

Speaker Lang: "The record will so reflect. The Chair recognizes Representative Rose."

"So, it sounds like an investigation that's just on your side of the aisle, so we'll proceed. House Bill 6335, Representative Chapa LaVia. Representative Chapa LaVia, do you wish to move your Bill? Please read the Bill."

"Representative, do you wish the Bill to go to Third Reading? Third Reading. House Bill 5169, Representative Chapa LaVia. What's your pleasure, Representative? Please read the Bill."

"Third Reading. House Bill 1826, Representative Will Davis. Please read the Bill." 09600120.doc 227  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Representative Davis. Representative Davis on your Amendment." Davis, W.: "There's an Amendment?"

"Seems so, Sir." Davis, W.: "Sorry about that, Ladies and Gentlemen. I didn't realize that there was an… an Amendment. I thought…"

Speaker Lang: "We'll take the Bill out of the record momentarily, Sir." Davis, W.: "Could you please? Let me…let me figure."

"And would you please let me know when you're ready to proceed." Davis, W.: "Thank you."

"Thank you. House Bill 6080, Representative Feigenholtz. Please read the Bill."

"Representative Feigenholtz."

"Thank you, Mr. Speaker. House Bill 6080 is an effort that was brought forth from the Chicago Bar Association that specifies designated consent surrenders. I'd be glad to answer any questions."

"You've heard the Lady's Motion and the Chair recognizes Representative Sommer."

"Those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Will Davis, Riley, Smith. Please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5879, Representative Flider. Please read the Bill."

"Mr. Flider."

"Yes. Thank you, Mr. Speaker. This legislation has evolved to a… the original purpose of this legislation was to ensure that those who are 18 years old would not have utility service put into their name, thereby have a credit problem in the future. And we've put together some legislation or, excuse me, some language that I think takes into account the utilities practices, but at the same time, if there's a question with regard to identity, required a form of… a couple of forms of identification. We do continue to have some issues that we're working with, specifically with Members of our side of the aisle and we hope that this… these matters can be dealt with in the Senate. But the concept is a good one and I urge an 'aye' vote." 09600120.doc 229  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

Speaker Lang: "Gentleman moves for the adoption of the Amendment. Chair recognizes Representative Mendoza."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill… Actually, I have a question of the Sponsor. The Sponsor yield?"

"Gentleman yields."

"Representative Flider, I know we spoke in committee about this and I just want to get on the record that your intention on this Bill and legislative intent is that… the utility companies be able to verify age and really nothing else, correct?"

"That's really the intent of the Bill is to simply ensure that… and we had a situation in my district where it had happened. It occurred despite the processes that the utilities go through where we had minors whose names had utility service had been put into. So, then in one particular instance a young lady had gone to college tried to take out a college loan when she turned 18 found out she had no credit. So, she could not take out that loan and we had instances like that. So, we are trying to prevent those kinds of instances. That is the intent of this Bill."

"And… Representative Flider, I had spoken with… I haven't had an opportunity to sit down with all of the different utility companies, but one of them that I just spoke with re… a few minutes ago actually stated that they currently only require one type of identification. Why do we need two? If one will prove that the individual is 18 or older, why do we need two?" 09600120.doc 230  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"We felt it was a safeguard, more… you know, just the idea that two would be better than one."

"All right. I want to continue to work with you on this in the Senate. Obviously, I expressed my concerns in committee. The significant population of immigrants in this state, who I believe we need to make sure also have, you know, an easy opportunity to connect services, they're willing to pay for them. So, my concern is every year we've seen that some of these companies have actually closed down their constituent services offices and it makes it harder and harder for constituents to acc…"

Speaker Lang: "Representative, I'm going to give you an additional minute to bring your remarks to a close."

"Thank you. Thank you, Mr. Speaker. Makes it harder to access them when needing to supply this new additional information that they'll be needing to supply. Thank you for your willingness to work with us, but I do expect this Bill should it pass the House, come back to the chamber with significant changes in the Senate. Thank you."

"Those in favor of the Amendment shall say 'aye'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 5539, Representative Cavaletto. Is the Gentleman in the chamber? Oh, sorry, Sir. Please read the Bill."

"Third Reading. House Bill 5927, Representative Hernandez. Please read the Bill."

"Third Reading. House Bill 5821, Representative Hoffman. Read the Bill."

"Representative Hoffman."

"Yes. Floor Amendment #1 is very simple. It takes care of an issue that the long-term care facilities had with the Bill and I believe that this removes any potential opposition."

"Those in favor say 'yes'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 5394, Representative Howard. Out of the record. House Bill 6380, Representative McAsey. Please read the Bill."

"Representative McAsey."

"Thank you, thank you. This Bill addresses the Joliet Regional Port Authority. What the legislation does is to add one member to the board that currently consists of nine members. The member would be appointed by the Village of 09600120.doc 232  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Romeoville. And the reason for this addition is that the primary business of the Port Authority is dealing with Lewis University Airport which is located entirely within the Village of Romeoville. Romeoville does not have a seat on the board. I would move…move for passage of the Bill and answer any questions."

"You heard the Lady's Motion. Those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Black. Please take the record. This question, there are 107 voting 'yes', and 4 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6477, Representative McAsey. Please read the Bill."

"Representative McAsey."

"Thank you, thank you. This Bill is a clarification and a modernization of the Illinois Power of Attorney Act. It includes revisions to the Act, additions to the Act including provisions from the Uniform Power of Attorney Act. It is supported by the AARP, the State Bar Association, the Illinois Credit Union League, the Illinois State Medical Society. I would add that this Bill is the culmination of hard work by all of those agencies reviewing countless drafts resulting in this comprehensive Bill which will protect people, especially older adults against power of attorney abuses and enhance the usefulness of the 09600120.doc 233  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Durable powers of attorney. And I would move for passage of the Bill and will answer any questions."

"You heard the Lady's Motion. On that question, the Chair recognizes Representative Coulson."

"Lady yields."

"Absolutely. There is language in the Bill that any power of attorney that has been previously executed, that there's nothing in this legislation that would undo any prior… properly executed powers."

"Those in favor of the Bill shall vote, 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Phelps, Reitz. Please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Returning to House Bill 1826, Representative Will Davis. Please read the Bill."

"Representative Davis." Davis, W.: "Thank you very much. On Amendment #2, and I appreciate your indulgence, such long hours on the floor without nothing to eat made me a little lightheaded. So, I'm a lot better now. Floor Amendment #2, in addition to 09600120.doc 234  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 the first Amendment that's already been adopted, adds language that requires three youth to sit on a Youth Development Council who are also members of the Youth Advisory Group. It lowers the maximum age of the youth members to sit on that council to be 21, instead of 24. Adds language that requires DHS and an established youth organization with civic engagement to help select members of the Youth Advisory Group. Adds a provision that it gives entities with experience in providing after school programs priority to participate in demonstration programs. And finally, it does make this subject to appropriation."

"The Gentleman moves for the adoption of the Amendment. Those in favor say 'yes'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Chair returns to House Bill 5394, Representative Howard. Please read the Bill."

"Representative Howard."

"Thank you, Mr. Speaker. House Bill 5394, as amended, provides that criminal records of dismissals and acquittals can be sealed. The dismissals or acquittals involved situations where the state's attorney voluntarily dismissed the complaint, the court ordered the charges to be dismissed and situations where the matter went to trial and a judge or jury found the defendant to be not guilty. This Bill would not apply to situations where the dismissal 09600120.doc 235  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 followed the successful completion of a court supervision order and drug treatment program, where the defendant was initially found guilty or admitted his or her guilt. Where a person has not previously been convicted of a crime, he or she can now obtain an expungement of charges, which result in dismissals or acquittals. However, individuals who had previously been convicted of crimes, no matter how petty, are precluded from seeking an expungement. This Bill would address that. I will take questions."

"Lady moves for the passage of the Bill. The Chair recognizes Representative Reboletti."

"Lady yields."

"It does not."

"It's my understanding that there is something else that precludes that, another matter on their record. These persons… the persons I'm talking about are those that are not eligible for expungement, but we hope that their records can be sealed."

"I am not aware of whether or not there still is opposition from them. I do know that the Association of State's Attorneys is now neutral."

"We found… we found that out today."

"We are not seeking to do that. In fact, these records will still be accessible to all law enforcement officials."

"These would be sealed. They can… they're not eligible for expungement. We're looking for sealing."

"I'm sorry. Would you state that question again?"

"Please… please proceed, Representative. Mr. Reboletti, I'm giving you an additional minute."

"I do not recall that the Bankers Association ever came and indicated any objections to this Bill." 09600120.doc 237  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Representative Eddy."

"Lady yields."

"That is correct. That is correct."

"If you would give me some indulgence. I want to give you an example of the kind of person that this would address."

"The kind of issue. When George was 18 he was convicted of shoplifting, he's now 25. He has had no other contact with the criminal justice process. Then one night he's arrested and charged with murdering his neighbor. Three months later, the police find that he was not the 09600120.doc 238  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 one. They said he did not do it, they had arrested the wrong man. He was released, but for the rest of his life he'll have to have a record of being charged with first degree murder. And so, we're trying to… to deal with the situation that apparently is unfair."

"Representative Howard to close."

"Keep in mind that the judge… the courts always have the discretion as to which ones of these they can… they want to approve of. I ask for the support of my colleagues."

"Lady moves for the passage of the Bill. Those in favor shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? DeLuca. May. Please take the record, Mr. Clerk. On this question, there are 44 voting 'yes' and 66 voting 'no'. And the Bill fails. House Bill 5076, Representative Coulson. Please read the Bill." 09600120.doc 239  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

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

"Representative May."

"Thank you. House Bill 6030 creates a grant program for manufacturers so that they can reduce emissions to improve our air quality, reduce solid waste disposal, reuse and recycle, things that are good for the environment. I think it's great when the Illinois Manufacturers and the Illinois Environmental Council both support this concept."

"Those in favor shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Boland, Brady, Farnham, Ford, Franks. Please take the record. On this question, there are 107 voting 'yes', 4 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5420, Representative Mell. Please read the Bill."

Speaker Lang: "Representative Mell. Pardon me… Oh, sorry. Third Reading. Chair recognizes Representative Bost." 09600120.doc 240  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"The record will so reflect. House Bill 6208, Representative Nekritz. Please read the Bill."

"Representative Nekritz."

"Once again, thank you so much, Mr. Speaker. House Bill 6208 amends the ABC licensing law. It regulates third party marketers of retail electricity supply. These third party marketers are known generally as agents, brokers, and consultants, consequently the ABCs. They market electricity to businesses, but do not operate in the residential market. This Bill went through some extensive committee hearings that were quite lengthy and the substance of the Bill that's before you today is the result of some suggestions offered by the Public Utilities committee. It amends the existing licensure law to require disclosure in writing to anyone solicited by an ABC, the price per kilowatt hour of electricity, as well as the total price inclusive of any fees received by the ABC. It also requires disclosure of the fact that the ABC will be receiving compensation from the supplier of the electricity. It has a few other provisions. It exempts out the Illinois Power Authority (sic-Agency) and retail Electric suppliers that are already regulated under the Illinois Commerce Commission Act. And finally, it removes 09600120.doc 241  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 an exemption in the underlying licensure for exclusive ABC brokers. I'd be happy to answer any questions."

"Lady moves for the passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Franks, Mautino. Mr. Clerk, please take the record. On this question, 109 voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5745, Representative Saviano. Please read the Bill."

"Mr. Saviano."

"Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Collins, Gordon, Mautino. Please take the record. This Bill, there's 109 voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5744, Representative Saviano. Please read the Bill." 09600120.doc 242  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Mr. Saviano."

"Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Verschoore. Please take the record. On this question, 110 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Jehan Gordon." Gordon, J.: "Thank you, Mr. Speaker. I'd like to be recorded as a 'yes' on House Bill 5745."

"The Journal will reflect your wishes. House Bill 6235, Representative Osterman. Please read the Bill."

"Mr. Osterman."

"Thank you, Mr. Speaker. House Bill 6235 requires the Cook County Treasurer to post on their web site information about uncashed checks so the Cook County 09600120.doc 243  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 residents that have those checks would have a way to retrieve them. And I ask for an 'aye' vote."

"Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Flider, Representative Hamos. Please take the record. On this question, there are 109 voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5917, Representative Phelps. Please read the Bill."

"Mr. Phelps."

"Thank you, Mr. Speaker. This is an initiative of the Illinois Retail Merchant Association, actually was brought up during the House Jobs Creation Task Force. We're just cutting… for appealers seeking an initial certification of food service sanitation manager, instead of 15 hours we're bringing it down to 7 hours. And I ask for its passage."

"Gentleman moves for the passage of the Bill. Those in favor vote 'yes'… Pardon me. Mr. Black."

"Gentleman yields."

"We just feel, actually, this won't cause anymore food borne illnesses. Only seven states do this, 43 other states do less hours than 7. So, we just feel like we're just doing this, and we… you know, it might be harder to do business in the State of Illinois as a food service sanitation manager."

"Actually, Representative, like I said, 43 other states do this and we just feel like we're just getting with them to make it less easier for businesses."

"I… I just think a lot of…"

"Mr. Black, I'll give you an additional minute."

"I just think a lot of members with IRMA… it has been brought to their attention. They're just trying to make it more or less bureaucratic to conduct business in Illinois, believe it or not."

"Please proceed. Mr… Mr. Black is finished with his remarks."

"This Bill is on Short Debate. There are six people waiting to speak. We will take it off of Short Debate, but we're going to hold everybody to the two… two- minute time limit. Chair recognizes Representative Bost."

"Representative Tracy."

"Sponsor yields."

"Yes. On that, yes."

"Right. Absolutely."

"Absolutely."

"Yes. Thank you very much."

"Mr. Burns."

"Thank… thank you very much, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor yields."

"Representative, I just wanted to make sure that everyone understands that the same exam that people would take after… under the 15-hour requirement, they'll still have to complete the same exam after 7 hours, right?"

"Correct."

"So, they still have to learn the same material that they would learn under current law, it's just that you're reducing the training from 15 hours to 7 hours."

"Absolutely."

"Very quickly, to the Bill. I think this is an excellent piece of legislation. This is a way to help small business owners and restaurants. We all have them in our districts. We want to make sure that we reduce their costs in tough economic times. This is a jobs Bill. The Department of Public Health is neutral, the Chicago Department of Public Health has no objection and I think we should support the Representative's Bill. Thank you." 09600120.doc 249  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Mr. Ramey. Mr. Ramey."

"Representative Mell."

"Thank you, Mr. Speaker. I stand in opposition to this Bill actually, other than, you know, what the previous Representative just said. You know, I attended culinary school for two years, and there we had 80 hours of training on food sanitation. I don't think it's something that can be taken lightly, and I also don't think it's… I spend many times and many hours in restaurants and there isn't ongoing training. You're trying to get the food out. And what you need is really experience and knowledgeable people when you're, you know, dealing with food that you're going to feed the public with. So, I urge a 'no' vote. Thank you."

"Representative Poe."

"Sponsor yields."

"They're neutral on this, Representative." 09600120.doc 250  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Last Speaker on the Bill, Representative Cole."

"Gentleman yields."

"I believe it's… the recertification, I believe which you are referring to, is every 5 years."

"And then you have 5 hours… currently 15."

"And then after every 5 years you have another 5-hour for a refresher." 09600120.doc 251  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"We're not changing the recertification process, whatsoever, just the initial 15 to 7."

"It's 15 to get certified."

"And we just think that's…"

"Five. We're not touching that. That's the way it's always been."

"We thought they were neutral. Some individual health departments have been opposed because, as Representative Bost said, some of these people on… outside of their job, they're teaching some of these classes and they're getting paid. So, that's another story in it's own that we haven't looked at."

"Yeah. And like I said, we thought we… we thought they were neutral, so…"

"Mr. Phelps to close."

"Just for the record for Representative Cole, IDPH and the City of Chicago Department of Public Health are not opposed to this proposal. This is a jobs Bill, making it easier for small business. I ask for an aye vote."

"Those in favor vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mathias. Please take the record. On this question, there are 92 voting 'yes', 16 voting 'no', 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6099, Representative Phelps. Please read the Bill."

"Mr. Phelps."

"Thank you, Mr. Speaker. House Bill 6099 is a… requires the use of nonphosphorus fertilizer on lawns and 09600120.doc 253  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 turfgrass. All parties are in agreement with this and I appreciate the time and effort they put in. I ask for an 'aye' vote."

Speaker Lang: "Gentleman moves for the adoption of the Amendment. Those in… Mr. Black."

"The Amendment actually is just for all parties that were off of this a little bit, Jean Payne with the Chemical and Fertilizer Association. We put a lot of work in this to make some technical changes and this is only applies for your lawns and does not involve homeowners, whatsoever."

"Well, there was a lot of Amendments as you well know because this was… this was very highly debated debate. Members of the Ag & Conservation Committee, as Representative Sacia will tell you, we put a lot of work on this to get all parties to agree and be neutral."

"The Gentleman has moved for the adoption of the Amendment. Those in favor say 'yes'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk." 09600120.doc 254  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Third Reading. House Bill 6434, Representative Rita. Mr. Rita. Please read the Bill."

"Mr. Rita."

"Take… take this out of the record."

Speaker Lang: "Out of the record. House Bill 6239, Representative Rita. Please read the Bill."

"Mr. Rita."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 6239 is an initiative of Cook County. As amended, it also includes DuPage County. So, with counties of a population 750 thousand or greater, will be able to hold administrative adjudication hearings as municipalities have that power to do this… Home Rule municipality. So, it just gives them the power to perform them duties as the municipalities do."

"Gentleman's moved for the passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. This question, there are 96 voting 'yes', 13 voting 'no', and 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared 09600120.doc 255  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 passed. House Bill 5214, Representative Tryon. Please read the Bill."

"Third Reading. House Bill 5301, Representative Reis. Please read the Bill."

"Mr. Reis."

"Gentleman's moved for the passage of the Bill. There being no discussion, those in favor shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bellock, Coulson, Fritchey, Miller, Rose. Mr. Clerk, please take the record. On this question, there are 96 voting 'yes', 14 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5766, Representative Lyons. Please read the Bill. House Bill 5766, Mr. Clerk." 09600120.doc 256  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

Speaker Lang: "Third Reading. House Bill 5158. 5158, Representative Mautino. Please read the Bill."

"Mr. Mautino."

"Thank you, Mr. Speaker. This Bill places a cap on the fee that property owners must pay when they redeem their taxes. We passed a Bill on tax redemption last year and this is just a preemptive move to make sure that they don't get overcharged. The fee would be set at $150 and it joins a number of other costs that the redeemer would have to pay at the time… at the time and these could be passed on by the property tax buyers."

"Gentleman has moved for the passage of the Bill. Those in favor shall vote 'yes'; opposed 'no'. And the… the voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, 109 voting 'yes' and 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6252, Representative DeLuca. Please read the Bill."

"Mr. DeLuca, I'm informed you have an Amendment. Do you wish to move it back to Second for the Amendment or are you ready to move, Sir?" 09600120.doc 257  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"No, we took care of that in committee last night. Do you want to adopt the Amendment?"

"You'll need to adopt the Amendment. So, Mr. Clerk, place this Bill on the order of Second Reading. And read the Bill."

"Mr. DeLuca."

"I move to adopt Amendment #2 which specifies the advertising requirements that’s included. I move to adopt the Amendment."

"The Gentleman moves for the adoption of the Amendment. And on that question, the Chair recognizes Representative Franks."

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

"Sponsor yields."

"Did Representative Scully draft this Amendment?"

"Are you questioning that?"

"Well, it just seems…"

"Is that directed at me?"

"Yeah. It just seems…"

"No. No he did not."

"Okay. Well, I'm wondering what the genesis is about. I remember when… when Scully sat in that seat, and we seemed to see lots of fireworks Bills. Are you guys… have fireworks in your district? I want to know what's going on." 09600120.doc 258  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Yeah. It probably has a little bit to do with the area."

"Okay."

"The 80th District being neighboring district. It's a borderline district with Indiana."

"Okay. And they sell a lot of fireworks there?"

"Well, there's a lot that come across the line. Yes."

"And what do they do? Do they put big billboards up in your district to say come to Indiana to buy the illegal fire… the fireworks that are illegal in Illinois?"

"No. Not so much in the 80th District."

"I'm sorry. What's that?"

"Not so much in my district."

"But you're…"

"But throughout the State of Illinois, along the expressways, along the tollway."

"So, that's the problem you're seeing. You're seeing these advertisements on billboards. And what you're requiring now is to put a warning on the billboards themselves?"

"That is correct. It's not only on the billboard, and that's part of what the Amendment… it expands it to all advertising mediums, billboards, radio, television, and print, so that the notice is consistent."

"What happens if there's a TV station in Indiana, in Gary, like a Wayne's World type of thing. And they… and they, you know, and they bring it into the City of Chicago. But since it emanates in Indiana, would this require them 09600120.doc 259  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 because the signal could be heard in Illinois, to have that same warning?"

"Well, the… yes. It's within the State of Illinois and the onus is on the advertiser."

"Okay. I guess the thing with the warning, you tried to have that similar to what we do for tobacco products?"

"That's correct."

"Okay. And what would be the enforcement mechanism when you're talk…"

"Mr. Franks, I'll give you an additional minute."

"Thank you. The enforcement mechanism of a thousand dollar fine per day, would that be done by the Attorney General? But for instance, how… how would the Attorney General be able to enforce that in the prior hypothesis that I had put forward?"

"Well, it would be enforced through that office. Correct."

"But would we have any interstate… has anyone checked the constitutionality on the interstate commerce clause on this? Is there any case law that would… that's akin to this, that you're aware of?"

"Not that I'm aware of."

"Okay. Maybe we can find out about that later, but I appreciate your answers."

"Okay."

"Representative Fritchey."

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

"Gentleman yields." 09600120.doc 260  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Representative, have you had staff look at the constitutionality of this?"

"Yes, I have."

"Has our staff told you that this Bill is constitutional?"

"Yes."

"Who on our staff told you our Bill is constitutional?"

"I don't know if that's really the point here, but…"

"It… it's relevant because we have a staff member that doesn't understand the United States Constitution. This Bill is not constitutional pursuant to the First Amendment, pursuant to the case law that came down, pursuant to the cigarette advertisement. The Bill is not constitutional with respect to placing a restriction on a legal product. And I understand the safety, I understand the concern, I understand the good intention. The Bill does not comport with First Amendment protections plain and simple."

"Did you say a warning label on a legal product?"

"This is a warning label on a legal product. The differentiation made in the court cases, with respect to cigarettes, was an immediate harm of the use of the product. They differentiated the use of tobacco products."

"Okay. Let me read something to you. What current State Law is. The law prohibits the purchase of fireworks in or out of state by a person who, intending on possessing and displaying fireworks in Illinois, does not possess a valid display permit." 09600120.doc 261  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Under… understood. And then that's trucked by the…"

"The… the actual warning, the actual notice would read it's… this is a public safety issue. It's actually informing people that Illinois law prohibits the possession of fireworks without a proper permit…"

"But… but…"

"…check with local law enforcement prior to purchase."

"But the… but the issue is requiring them to place a statement on a product that does not have an immediate harm that was legally purchased in a legal jurisdiction. You know, I… I'm not going to take you to task…"

"Please take another minute, Sir."

"Thank you. I would… I would like… Representative, I would like at some point if you could have the staff member from our staff that looked at this, vis-à-vis the case law for the First Amendment as it pertains to these cases, have them come see me tomorrow and show me the research that they relied on. I'm pretty comfortable in my position on this one that is in no way a slight on you. I want to see our staff, how they figured out that this is constitutional in the face of a long line of case law on this issue. Thank you."

"Mr. Hoffman."

"Yes. To the previous speaker's comments, I would say that that's for a court to determine. The Gentleman would like to move the Amendment, let the court determine the constitutionality later. Let him move the Amendment and move it to Third Reading."

"Mr. Thapedi." 09600120.doc 262  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Thank you, Mr. Speaker. To the Bill. Again, I'm here looking at House Floor Amendment #2 and I'm looking for anything that jumps out at me as having a… a problem, as far as both the United States Constitution, as well as the Illinois State Constitution. I see several provisions here that reference the United States Code, so again I'm a little bit concerned that there are discussions about constitutionality when I don't see it. Thank you."

"Mr. DeLuca to close."

"Well, I move to adopt the Amendment."

"Those in favor of the Amendment shall say 'yes'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 5732, Representative Dugan. Please read the Bill."

"Representative Dugan."

"Thank you, Speaker. Floor Amendment #1 just addresses an issue. This is… this Bill is about Downstate Public Transportation Act. And what it does is it provides clarification from the regular Bill. The Amendment just clarifies about the growth and appropriation may be exceeded when a participating transit district extends it service area by either annexation or intergovernmental agreement. I'll be glad to answer any questions." 09600120.doc 263  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Lady moves for the adoption of the Amendment. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Returning to House Bill 6252, Representative DeLuca. Please read the Bill for the third time."

"Mr. DeLuca."

"Thank you, Mr… thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is the Bill, 6252, that we were just discussing regarding the advertising of fireworks. And I'd like to once again read State Law. Prohibits the purchase of fireworks in or out of state by a person who, intending or… on possessing and displaying fireworks in Illinois, does not possess a valid display permit. In addition, the law prohibits the purchase of fireworks from an unregistered consumer fireworks distributor retailer or an unlicensed pyrotechnic distributor. This is a public safety issue. It would require all advertising mediums: billboards, radio, television and print, to advertise consumer fireworks including a warning label which would state, Illinois law prohibits the possession of fireworks without proper permits, check with local law enforcement prior to purchase. I'd be happy to answer any questions." 09600120.doc 264  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Gentleman moves for the passage of the Bill. And the Chair recognizes Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Gentleman yields." Davis, W.: "Very quickly, Representative, and I apologize if this was answered during the debate on the Amendment. But the way the warning reads individuals are encouraged to check with their local fire department or law enforcement prior to purchase. So, is there consistent information that will be coming out of local law enforcement and fire departments, if somebody goes to check with them about the purchase of fireworks?"

"Well, I would hope that the consistent message from local law enforcement would be giving the information, explaining the information, explaining the process, explaining what the requirements are, if you were to purchase fireworks in another state." Davis, W.: "Well, I would probably encourage, maybe a… a trailer piece of legislation to this that speaks to that. Because you read a billboard and it says that, then I go to my local fire department and say, well, this billboard told me I'm supposed to check with you, and they go what am I supposed to tell you about fireworks, or whatever the case may be. So, you might consider a trailer Bill that speaks to that. I'm not saying the fire departments or the police departments will like it, but if that's what you're encouraging people to do, assuming this legislation passes, then the follow up to that would be making sure that those individuals who will be asked to provide information know 09600120.doc 265  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 exactly what they're providing and that that information is consistent."

"Very good. Thank you." Davis, W.: "Thank you."

"Members, it is particularly noisy in the chamber at this moment and we have many Bills to pass today because we have a deadline tomorrow and I'm going to ask the indulgence of the Body to move all superfluous conversation to the back of the room. Chair recognizes Representative Black."

"State your inquiry."

"The difference, Mr. Black, is that Bill had already been read a third time. He moved it… a second time. He had moved it back to Second Reading. You cannot read it on Second Reading twice on the same day and then move it to Third and pass it. So, all of the Bills that had been moved back to Second from Third and amended could be passed on Third Reading today, but yours could not. But we will certainly get to it tomorrow, Sir."

"If you'll come up and we'll talk to you about it…" 09600120.doc 266  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Do you have any questions for the Sponsor, Sir?"

"The Gentleman yields."

"That's correct. That's what this legislation does."

"Mr. Black, please bring your remarks to a close and your dancing, Sir."

"Well, I didn't know that there was a question in that. I didn't even hear a question. I heard…"

"I heard the legislation get called dumb. I only don’t think…"

"I certainly don't think notifying the public and trying to improve public safety is dumb legislation. I happen to disagree with that comment."

"Mr. Black, I've extended your time once. Please bring your remarks to a close."

"Mr. Colvin."

"Thank you, Mr. Speaker. To the Bill. And I rise in support of the Gentleman's Bill. As the chair of Consumer Protection, when we heard this Bill in committee and the Amendment just yesterday, I want to commend the Sponsor for doing what I think is a very heroic job in regards to public safety. What the Sponsor is trying to do here, and I represent a district that borders the State of Indiana on the south-east side of the City of Chicago, we border the City of Hammond, Indiana. And by the middle of June through the 4th of July, you can see the cars in droves driving over to Hammond, Indiana to buy these fireworks. There's about six or seven stores, less than a quarter mile from the City of Chicago, along that Indiana border. And you see families with some and very young children buying enough fireworks to probably destroy a small building. I don't think it's completely unreasonable that we ask those 09600120.doc 269  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 individuals, and if you look and see who is in support, who slipped in support in committee in addition to those who are in our analysis, the Illinois Firefighter Association, the Illinois Fire Safety Alliance, the State Fire Marshal, the Illinois Fire Chiefs Association, the Illinois Association of Fire Protection Districts, and the Illinois Fire Inspectors Association. Those first responders who show up when a terrible tragedy happens when people are playing with very dangerous explosives… explosives. What is the harm in putting an announcement on those billboards that are littered on the south-east side of Chicago every June promoting buy one get six free billboards all along Indianapolis Boulevard? I don't see anything wrong with a public safety announcement alarming people, and alerting people to the real harms and dangers that fireworks bring every year. The one thing we know for certain is that we're going to open up the newspaper on July 5th and see someone…"

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

"The one thing we're going to… thank you, Mr. Speaker. The one thing we're going to see is someone who was harmed or unfortunately and God forbid maybe even killed by these very dangerous fireworks. And maybe someone who reads that notice on those billboards will take extra precaution before they let their kids go in the backyard and use these very dangerous fireworks. I want to commend the Sponsor. I think he's done a very good job, and today he's done a very good public safety piece of legislation that's going 09600120.doc 270  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 to improve the lives of the people of the State of Illinois. Vote ‘yes’ on the Bill."

"The last speaker on the Bill, Representative Eddy."

"Mr. Black."

"This is related to Class C fireworks, not the professional shows that you would see at some of the municipality 4th of July celebrations."

"Well…"

"Mr. Black. Mr. DeLuca to close."

"Thank you, Mr. Speaker. First, I want to thank the Representatives who stood and rise in support of the Bill. You know, this is not only a public safety issue, this could also be viewed as a jobs Bill, surprisingly, in Illinois because we want to encourage our residents in Illinois to go to the local fairs and go to the local celebrations and support those instead of going across state lines and buying fireworks. But 88 percent of the injuries related to firework class… are Class C fireworks, what this is directed at. This is not limiting the sale. This is simply and I'll read it again. This is simply informing the public that Illinois law prohibits the possession of fireworks without proper permits, check with local law enforcement prior to purchase. That's what this Bill is about. It's about notifying the public. I ask for your 'yes' vote. Thank you."

"Those in favor of the Bill will vote 'yes'; those opposed 'no'. The voting is open. Have all voted 09600120.doc 272  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 who wish? Have all voted who wish? Have all voted who wish? Connelly, Fortner, Reitz. Mr. Clerk, please take the record. On this question, there are 79 voting 'yes', 31 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Joe Lyons in the Chair."

"Hello, again, everybody. How you doing? Nice to see you. Mr. Clerk, what's the status of House Bill 6434. Representative Rita, you have House Bill 6434? Read the Bill, Mr. Clerk."

"Representative Rita, Amendment 1."

"Amendment #1 becomes the Bill. What it does is creates a disproportionate share adjustment payment for school nursing homes and nursing homes in which would be determined by the Department of HFS. I'd like to ask for it to be adopted."

"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 Amendment #1 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Hamos, for what purpose do you seek recognition? Representative Art Turner, for what purpose do you seek recognition?" 09600120.doc 273  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Thank you, Mr… thank you, Mr. Speaker and Ladies and Gentlemen. For the record, I'd like the record to reflect that I was off… inadvertently hit my… the wrong switch on House Bill 5762. I'd like to be recorded as voting 'yes' and my switch was hit saying 'no'."

"The Journal will reflect your wishes."

"Thank you."

"Representative Toni Berrios, on the Order of Second Reading, you have House Bill 5334. Out of the record. We also have House Bill 5701, Representative Berrios. Out of the record. Representative David Leitch, on the Order of Second Reading, you have House Bill 5308. Representative Leitch. Out of the record. Representative Leitch, you also have House Bill 5305. Out of the record. Representative Rosemary Mulligan, House Bill 4924 on the Order of Second Reading. 4924. Out of the record. Rosemary, you also have House Bill 5516… 5516 on the Order of Second Reading. Out of the record. Representative Marlow Colvin, you have House Bill 6018 on the Order of Third Reading. Do you wish to move the Bill? Out of the record. Representative Will Davis, on the Order of Second Reading, you have House Bill 4827. Out of the record. Representative Will Burns, you have House Bill 6462 on the Order of Third Reading. Read the Bill, Mr. Clerk."

Speaker Lyons: "Chair recognizes the Gentleman from Cook, Representative Will Burns." 09600120.doc 274  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Thank you very much, Mr. Speaker, Members of the House. This is the Illinois Safe Children Act. This is an initiative of the Cook County State's Attorneys Office. And what this Bill does is two things. On the… it deals with child sex trafficking. What it does is that it decriminalizes the… the crime of juvenile prostitution. And the reason we do that is that these young people have been exploited by pimps and adults and forced into a life of prostitution and the idea is to link these young people with the appropriate child protective services. On the other end of the spectrum, what we do is we increase criminal penalties for those pimps, for those who would abuse and exploit sexually these young people. This is an important initiative to Cook County State's Attorney, Anita Alvarez. I know of no opposition. I would seek an 'aye' vote."

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

"Sponsor yields."

"That’s absolutely right, Representative, because of Chicago's location and our tourism industry and conventions, prostitution is big business and especially juvenile prostitution. A pimp can make $500 thousand off of one young person a year. It's… it's truly a crime."

"One of the things that this Bill does is that it gives… it gives state's attorneys the same ability to do electronic recording and monitoring that they have under current law to deal with drug gangs. And again, as I mentioned earlier the amount of money that's involved in juvenile prostitution is huge, and because of the age of the prostitutes, and they're juveniles and they've been confused, they've been manipulated, they've been pimped, it's hard to get them to work against their… the pimps. So, the Cook County State's Attorneys and the other state's Attorneys need this… these abilities so they can break up these violent gangs."

"That’s exactly right."

Speaker Lyons: "Representative Reboletti, we'll give you another minute to finish your remarks."

"Right. You have my commitment that we're going to add an Amendment on to this… on to the Bill in the Senate to make those convicted of juvenile… of pimping juveniles and make that a nonprobational offense."

"Representative Durkin."

"Representative Davis to close. Representative Burn to close."

"Thank you. Thank you very much, Mr. Speaker. I appreciate my colleagues' comments on this Bill. This Bill is about protecting victims. This is about giving our law enforcement officers the tools to crack down on this growing industry. I ask for an ‘aye’ vote. Thank you."

"Question is, 'Should House Bill 6462 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Burns, do you wish to call… call 6129? Read the Bill, Mr. Clerk."

"Representative Burns."

"Thank you very much, Mr. Speaker. One of the issues that we've been working on in terms of juvenile justice is making sure that juveniles have access to mental health services. One of the things that we wanted to make sure of is that juveniles use those services. And so the Juvenile Justice Initiative and the Cook County State's Attorneys Office has worked on language that would exempt the comments made by a juvenile to a mental health… to a mental 09600120.doc 278  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 health expert as a result of a court order, that that information cannot be used in the specific case that involves that juvenile, why they may be before the juvenile court. It's an agreed to Amendment between the Cook County State's Attorneys Office and JJI. And I would appreciate an 'aye' vote."

"Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Jim Durkin."

"Sponsor yields."

"There is for adults, but not for juveniles."

"Common law… common law."

"My understanding is that the judge would make that determination in a civil proceeding. Look, what we're trying to do here, Representative…"

"This is very specific to juvenile proceedings. It doesn't even apply…"

"…it doesn't apply to… to adult crimes or if there are adult issues. This applies to juvenile proceedings involving juveniles in a specific instant under which they may be charged."

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

"Sponsor yields."

"Well, that's exactly the point of the Bill, is the mental health partnership, children's mental health partnership, is a proponent of this legislation because they want to make sure that when a juvenile is in front of 09600120.doc 280  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 a mental health practitioner that they are giving that mental health practitioner the information they need so they can properly treat the mental health needs of that child."

"You mean… in regards to institutionalization?"

"Well, that would be determined during… that would be determined during the juvenile court proceeding. This happens before the court proceeding."

"These are services… these are services that are provided before the juvenile goes to court."

"Representative Burns to close."

"I appreciate the debate on the Bill. This Bill, again, is an agreed to a… Bill between the Cook County State's Attorneys Office and the Juvenile Justice Initiative. I would ask for an 'aye' vote." 09600120.doc 281  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Question is, ‘Should House Bill 6129 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? Ron Wait. Mr. Clerk, take the record. On this Bill, there are 93 Members voting ‘yes’, 17 voting ‘no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Saviano, on the Order of Second Reading, you have House Bill 5868. Read the Bill, Mr. Clerk."

"Representative Saviano on Amendment 2."

Speaker Lyons: "Heard the Gentleman's explanation of Floor Amendment #2. Any discussion? All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment 2 is adopted. Anything further, Mr. Clerk?"

"Representative Saviano on Floor Amendment #3."

"Heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #3 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #3 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Dan Brady, on the Order of Third Readings, you have House Bill 5630. Read the Bill, Mr. Clerk."

"Representative Brady, it's on Third Reading so we'll have to wait until tomorrow to run that Bill. Representative Black, you have House Bill 5109 on the Order of Second Reading. Read the Bill, Mr. Clerk." 09600120.doc 283  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Third Reading. Representative Sandy Pihos, you have House Bill 5126. Read the Bill, Mr. Clerk."

"Representative Sandy Pihos."

"Heard the Lady's explanation of the Bill. Is there any discussion? The Chair recognizes the Lady… Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Davis, W.: "Representative, I had a lengthy discussion with school counselors yesterday about this Bill and my challenge with it is that while they claim that the Bill speaks to when a child speaks about harm to themselves or harm to others, that that allows the confidentiality to be broken. My concern is that and while I can appreciate the role that school counselors want to play in this discussion, my concern is that there are some things that parents or some conversations that parents should be 09600120.doc 284  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 brought into. And my concern is that this doesn't create enough, what I'll call gray area, that will allow the counselor in lieu of the confidentiality to really be able to bring a parent into the discussion. All they can do is recommend that… that you go to family counsel and hopefully, that issue will be brought out in family counseling. And I'm not suggesting that they're issues of mental issues, but we could be talking about kids that may be experiencing hormonal changes, you now, thinking about sex and things of that nature, you know, things that parents… conversations that parents should be brought into, that this Bill doesn't create enough gray areas to allow the counselors to bring parents into those discussions without recommending that they simply just go to family counseling."

"Sir, your time has expired. We'll give you one more minute to conclude this conversation." 09600120.doc 285  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Representative Davis, please give him 30 more seconds." Davis, W.: "I'm done. I'm done, Mr. Speaker. Thank you."

"Representative Pihos to close."

"Question is 'Should House Bill 5126 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 104 Members voting 'yes', 5 voting 'no', 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bob Pritchard, on the 09600120.doc 287  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Second Readings, you have House Bill 5942. Out of the record. Representative Burke, you have, on the Order of Second Reading, House Bill 5366. Read the Bill, Mr. Clerk."

"Third Reading. Representative Will Davis, you have House Bill 1470 on the Order of Second Reading. Out of the record. Representative Ford, you have House Bill 2236 on the Order of Second Reading. Out of the record. LaShawn, you also have House Bill 4598 on the Order of Second Reading. Read the Bill, Mr. Clerk."

"Representative Ford on Floor Amendment #1."

"Thank you, Mr. Speaker and Members of the House. I move to adopt House Floor Amendment #1."

"Representative Reboletti on Amendment #1."

"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 09600120.doc 288  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Chair, the 'ayes' have it. And Amendment #1 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Fritchey, you have House Bill 6072 on the Order of Second Reading. John. Out of the record. You also have House Bill 6073 on the Order of Second Reading. Do you wish to move that Bill to Third, Representative? Out of the record. Representative Randy Ramey, you have House Bill 162 on the Order of Second Reading. Out of the record. Representative Chapin Rose, you have House Bill 6230 on the Order of Second Reading. 6230, Chapin. Out of the record. Representative Senger, you have House Bill 6… 5656 on the Order of Second Reading. Out of the record. Representative Sullivan, you have House Bill 5799. Out of the record. Representative Froehlich, you have House Bill 6453. Is Paul Froehlich on the House Floor? Out of the record. Representative Esther Golar, you have House Bill 6177 on the Order of Second Reading. Esther Golar. Representative Golar. Do you wish to move House Bill 6177? Out of the record. Representative Harris, you have, on Third Reading, House Bill 5085. Read the Bill, Mr. Clerk."

"Representative Harris."

"Thank you, Mr. Speaker, and Ladies and Gentlemen. This Bill deals with the insurance coverage of certain people who are being treated for cancer. It deals with the issues of the parity and reimbursement for IV chemo drugs 09600120.doc 289  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 and oral chem… chemo drugs, which are the newer version, and it also deals with the coverage of certain costs related to clinical trials. This is a very important piece of legislation to persons who are suffering from cancer in their families, but it is also a very complicated piece of legislation. We have been working closely with the business community, with… with the Merchants Association, the Chamber, the manufacturers, with all the different insurance associations, and the insurance carriers here in Illinois, along with the Cancer Society, the Leukemia & Lymphoma Society, the oncologists, the Komen Foundation, the school of medicine. We have an agreement since we cannot, you know, come to an agreed Bill at this point, to continue to work if the Body will be so kind as to pass this Bill on to the Senate. Senator David Koehler will be the Sponsor there. We've discussed this with Senator Haine, the Chairman of the Senate Insurance Committee, and he is committed to continue to work with us on the negotiation process."

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

"Sponsor yields."

"Well, thank you, Representative. And I wish there were more… that… that there were only two sides to this. But you have the business community, the insurance companies, the hospitals and docs, the patient advocates, and the pharmaceutical industry all of whom have their own interest which we are trying to balance and that is what has made it so difficult. But I commend everyone for being willing to sit at the table and continue to work through this process while we try to find a resolution."

"Thank you, Ma'am."

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

"Sponsor yields."

"It would… there wou… would have to be a… an Amendment in the Senate, which, of course, would have to come back here for concurrence."

"That's my intention, yes" 09600120.doc 291  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Thank you."

"No one further left to speak, Representative Harris to close."

"Thank you, Ladies and Gentlemen. I would like to thank Representative Osmond, Representative Wa… Watson for the kind words. And would ask for an 'aye' vote."

"The question is, 'Should House Bill 5085 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 McAuliffe, Saviano, backrow GOP. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Connie Howard, you have House Bill 5401. Out of the record. Representative Sara Feigenholtz, on the Order of Second Reading, you have House Bill 5430. What's the status of that Bill, Mr. Clerk?"

"Representative Feigenholtz on Floor Amendment #1." 09600120.doc 292  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Thank you, Mr. Speaker. Amendment #1 is a clarification of how many years a person needs to apply for reinstatement of a license. I'd be glad to answer any questions."

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

"Representative Feigenholtz on Floor Amendment #2."

"Thank you. House Amendment #2 moves the time frame of the license from eight years to three years and this was a request of the Licensing Committee."

"Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #2 signify by saying 'aye'; 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 Connie Howard, you have House Bill 5401 on the Order of Third Readings. Representative, do you wish to move that Bill? Connie Howard. Read the Bill, Mr. Clerk."

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

"Thank you very much, Mr. Speaker. Oftentimes when someone overdoses, his or her friends are scared to call 911 for fear that persons overdosing and/or the person making the call will be prosecuted for the possession of drugs. Therefore, there's a lot of pressure to not call 911. Witnesses to an overdose will often try anything they can think of to revive the person on their own. People often try home remedies, like putting the person who is overdosing into a cold bath or shower, rubbing ice on their body, or injecting the person with another drug or saline to counter… counteract the drug causing the overdose. These home remedies are life threatening. Moreover, when someone overdoses, it's a race against time. Any time wasted, in fear of calling 911, increases the chance that the victim dies. House Bill 5401 creates immunity for the person who is overdosing and the person that calls 911, unless the police already have a probable cause to arrest either person. This Bill will remove the fear of calling 911, so that we can save lives. I will accept questions."

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

"Sponsor yields."

"Yes, they can."

"If they delivered the drug."

"That's not what I have interpreted it as saying. They will…"

"Representative Reboletti, immunity only applies to violations of Section 401, 402, and 404. Drugs induced homicide is a violation of Section 9-3.3. Several attorneys for law enforcement agencies have reviewed this Bill and none of them have indicated that this Bill would inhibit charging a violation of Section 9-3.1." 09600120.doc 295  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Representative, we'll give you another minute to conclude your questions."

"The Chair recognizes the Gentleman from Cook, Representative John Fritchey."

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

"Sponsor yields."

"Rep… Representative, I… I've got to ask you, see… I don't know. What are Sections 401, 402, and 404? See, I have the same concerns as the previous speaker."

"Possession and delivery of a controlled substance."

"So, but… but I… I think those Sections can too… I… I apologize. I mean, I've got the sun directly in my eyes here. But the… I… but that's… that's precisely, I guess, what we're getting at. So, if an individual were to sell… 09600120.doc 296  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 here… let's… to make it easier. If I were to sell you heroin and… and you use it and started to overdose and I were to then… I were to then call for… I would've called the paramedics, I would then be immune from prosecution for having sold you the heroin. Correct?"

"If the person who has been given the drug dies, then there is… its drug-induced homicide.

"But I… but I…"

"And there is… and there is no immunity in that instance."

"From… from the drug-induced homicide, but there's immunity… So, if the person doesn't die, they simply overdose but don't die, is… does the immunity still attach to the possession and distribution charges?"

"Yes, it does because we're trying to save lives."

"Okay. To… to the Bill. I understand what the woman wants to do… what the Sponsor wants to do and she's… she's right. There's a significant issue here that, I mean, there's been cases where friends drop a friend off and leave them in the hospital driveway and drive off. I under… I understand what you were trying to get at. Everybody's going to come to their own conclusion on this Bill. I will simply ask people to recognize that what we are doing is offsetting this and really giving people a free pass for possession, or distribution, or trafficking. Simply by making a phone call, they would in turn get immunity. Connie, I… I get what you're trying to do. I don't know what the answer is. I don't know if this is it or not. Thank you." 09600120.doc 297  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

Speaker Lyons: "Gentleman from Cook, Representative Jim Durkin."

Speaker Lyons: "The Lady from Cook, Representative Julie Hamos." Hamos" "Rep… a question of the Sponsor."

"Sponsor yields."

"I… I'm trying to read the Bill, which once in awhile we should try to do to really understand all the words in the Bill and I read, is this not in the Bill? This immunity shall not be extended if law enforcement has reasonable suspicion or probable cause prior to or independent of the emergency 911 call to detain, arrest, or search the person 09600120.doc 298  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 or property of the person who calls. I mean, doesn’t that suggest that there are instances in which they will not get immunity if there's a reasonable belief that it's not real."

"That is correct."

"It's being… it's being used to circumvent the criminal justice process. So, haven't you put in here basically a big but or however, this is not in all cases."

"That is a circumstance that would not then result in immunity."

"So, I don't understand why all the previous speakers seem to come up with these scenarios, that in fact, this would be ap… applicable to this however clause. Right?"

"Right."

"Okay. I'm… I was just trying to figure this out, because it doesn't seem like the previous speakers had exactly read the entire Bill. They're looking maybe at the headliner there or some synopsis But I think you've tried to protect law enforcement and criminal justice system. Right?"

"Absolutely."

"Thank you."

"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I was in the committee with Representative Howard when we had a young lady who came and spoke. And what she told us was, she was in college, she and her boyfriend were using heroin, and all of a sudden the boyfriend turns blue." 09600120.doc 299  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Representative Davis, hold on a second. Ladies and Gentlemen, again, if we could hold down the noise level ever so slightly we'd appreciate it." Davis, M." "All of a sudden the boyfriend turns blue and all of the friends and college mates said, don't call the police, don't call 911, don't get him any help, we'll all be in trouble. So, the question became what's more important? Saving the life of this college student, who is misguided and using drugs or is it more important that a person doesn't get caught and go to jail? Let me give you an example, I like Mike Zalewski, sitting here by me. Mike Zalewski, if Mike Zalewski, let's say he was using some heroin. He shouldn't have been doing it. He… he shouldn't have done it. Hold on. We talked about it. I told him he shouldn't do it. Okay. Mike Zalewski and I and a few friends and Mike passes out. He's unconscious. I don't want to be… I do not want to go to jail. I don't want to be accused of selling drugs. I don't want to be caught for selling drugs, but what's more important to me, Mike's life or me going to jail? Save Mike's life and dial 911. Save Mike's… save Mike's life…"

"Ladies and Gentlemen of the House…" Davis, M.: "…Dial 911, dial…"

Speaker Lyons: "One more minute, Representative, please to conclude your remarks." Davis, M.: "I just… I just want to say because his life is more important than whether we get another convict, we should vote 'yes' on this Bill." 09600120.doc 300  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Representative Zalewski, your name was used in debate. Do you want to defend yourself, Representative?"

"Mr. Speaker, my name was used in debate. To the Bill. If Representative Davis and I are doing heroin and the cops are at the door, and I appear as though I'm overdosing, however I'm not, and she dials 911 on her cell phone, it's my opinion that under this Bill, she would be immune from prosecution. So, as much as I would enjoy doing heroin with Ms. Davis, I'd have to rise in opposition of Representative How… the Representative's Bill."

"Top that, Representative Roger Eddy."

"Roger, let's leave some sleeping dogs lie. Okay."

"Representative Durkin."

"Representative Mulligan."

"Sponsor yields."

"You know, Representative Mulligan, I'm not certain whether or not there is a way that I can satisfy some people. They proclaim that they want to help people. They say they understand the reason for this legislation, but then they find all kinds of excuses to not. So, I'm not certain. I will always try to do the right thing though, and I believe that saving lives is very important. 09600120.doc 302  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Representative Durkin, if you had a probable cause to get that search warrant, it would not apply."

"Thank you."

"Representative Howard to close."

"I'm sorry. Am I closing out now?"

"There's no more… no one seeking recognition and your… yours to close, Connie."

"Thank… thank you very much. Again, my colleagues, this is about trying to save lives, nothing else. It's not trying to get people out of being punished, and those people who ought to be, will be. But when someone has… when there's an emergency and we can save a life, this is something that we can use for that. I certainly hope that you will give me green votes on this. Thank you."

"The question is, 'Should House Bill 5401 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? 09600120.doc 303  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 Have all voted who wish? Have all voted who wish? Arroyo, Berrios, Beiser. Mr. Clerk, take the record. On this Bill, there are 30 Members… no, 39 Members voting 'yes', 71 Members voting 'no'. And the Bill fails. Representative Dunkin… Representative Osterman, for what purpose do you seek recognition, Sir?"

"Point of personal privilege."

"Your point."

"Just want… wanted to let Representative Zalewski know that seeing that Deborah Graham has left we have a seat over here to keep you out of harm's way if… if need be. So."

Speaker Lyons: "Representative Dunkin, you have House Bill 6459. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Ken Dunkin."

"Thank you, Mr. Speaker. House Bill 6459 simply… it compliments, our colleague on the other side of the aisle, Representative Poe's Bill and adds the JWH-18 and JWH-73 the Butyl, naphthoyl, indole to the list of Schedule I of controlled substance. I would ask for an 'aye' vote."

"The Chair recognizes the Gentleman from Cook, Representative John Fritchey."

"Representative, I believe that this is the Amendment that we discussed the other day that Representative Fortner had waited on. Is that correct?" 09600120.doc 304  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010

"Yeah. Representative Fortner and myself, as well as the Sponsor and many others."

"Well, no, but Rep… but Representative Fortner was the one that actually knew what it was, right? What I'm getting at is the second… the second compound that's not K2."

"Come again?"

"There were two compounds. One that was just commonly identified as K2, which is the Bill that Representative Poe had passed out before, but yours has an additional compound as well and we tried to identify what that was. And I'm… I'm not being facetious."

"No, no, go ahead. Ask the question, Representative."

"I looked it up online and for what I could find the second compound is a plant fertilizer and I don't know, maybe the plant fertilizer has an illicit use, as well, but were you able to find out anything more about what the other compound is?"

"The… you know, these are all synthetic comp… synthetic substances that are complimenting what young people are… are complimenting marijuana with. It's just a synthetic additional drug or incense, you have an incense, you have the plant fertilizers, as you say and the chemist that created this, JWH simply puts in there the JW-73 on top of the JWH-18. So, what's your question, Representative?"

"No… no, I under… I understand what the coding is. The question is the second compound, when I look online, is simply a plant fertilizer. I couldn't find anything online that is being used illegally. I understand, you and I have 09600120.doc 305  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/25/2010 both seen the issues with K2 and I… you know, I applaud you and Representative Poe for working on that. I'm just wondering where you got the second compound from because all I could find was that it was a plant… a plant fertilizer without any illicit use."

"Okay. Well, you know, the JW-3, it differs from JWH- 18 in that JWH-73, has more… one more carbon bond than …"

Speaker Lyons: "We'll give you one more minute, Representatives, to continue this. And Ladies and Gentlemen, again, could we please bring the noise level down. Wait a minute. Shhhh."

"I… I'm not getting to the molecular makeup of it right now. I'm simply saying that the second compound…"