Illinois House Floor Debate — March 26, 2010

"The House shall come to order. The Members shall be in their chairs. We ask the Members and our guests in the gallery to turn off their laptop computers, cell phones, and pagers. And we ask the guests in the gallery to rise and join us for the invocation and the Pledge of Allegiance."

"We shall be led in the Pledge of Allegiance by Representative Tryon."

"Roll Call for Attendance. Mr. Lang."

"Thank you, Mr. Speaker. The excused absences on the Democratic side are Representatives Acevedo, Collins and Hannig."

"Mr. Bost."

"Clerk shall take the record. There be 107 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk. Mr. Brauer."

"State your point." 09600121.doc 2  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Mr. Reitz, did you wish to call House Bill 4935? Mr. Clerk, read the Bill."

"Mr. Reitz."

"Thank you, Mr. Speaker. This Bill deals with fee splitting and our intent here is to try and… and clarify existing law. We have a situation where there are doctors and other professionals that are trying to share services, work for each other, share buildings, things of that nature. We have 20… 21 different practices that are basically affected by this. Twenty of the 21 have agreed to the language but we have language that details fee splitting, and this language, we had… I guess we had, let's say, language from the physical therapist, language from Medical Society. Twenty of the 21 practices signed off on the language. We took that language and it was further restricted and tightened up by the Attorney General and we decided to take language recommended by the Attorney General. The other portion of this that we put into law is that if there is any relationship between any practice and the doctors, that when they refer people, they will disclose that and give them a form disclosing that referral. And I’d be happy to answer any questions." 09600121.doc 3  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"The Gentleman has moved for the passage of the Bill. The Chair recognizes Representative Coulson."

"Sponsor yields."

"No."

"No."

"No."

"Mr. Rose."

"Sponsor yields."

"Correct."

"Yesterday."

"We're always willing to do that, and I spoke with Senator Haine. I mean, and you know it’s… it's not final until… until it gets through both Houses and if they add suggestions and do that, we just… we met a number of times, as Representative Kosel could tell you, we met a number of times trying to work on this and will continue to. If, you know, if we can make this a better Bill, we will."

"That’s correct. They asked… they had two requests. I think one we’ve met 100 percent, the other one we’re probably 60 to 70 percent of what they addressed."

"Mr. Brauer."

"Sponsor yields."

"Well, I don’t know. We’ll continue to meet, but we’ve been… we've been talking and everything in this is that nothing mandates anything in this Bill. This just says if you have a relationship these are the rules you’ll follow. These are the regulations and the guidelines that you’ll follow if you have an employment relationship with any other practice."

"Okay."

"Thank you."

"Representative May."

"Thank you. Will the Sponsor yield?"

"Sponsor yields."

"Yes. I’d like to ask… I’m told by certain physical therapists that this revokes any fee splitting prohibition. Is that true?"

"No."

"So, the people who are concerned about this perhaps have some misinformation that was handled in the Amendment?"

"Apparently. I don’t think we ever revoked anything." 09600121.doc 7  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Right."

"We just tried to clarify the language."

"As you explained, they’re clarifying it…"

"Correct."

"But it does not stop them from entering in any sort of arrangement. And also… I thank you for that clarification. And also, it wouldn’t really stop anyone from renting a space or having that sort of arrangement either. It’s just that they have to notify the patient, is that correct?"

"If they have a relationship… employment relationship of any kind, yeah, we’ve laid out the guidelines now and clarified the guidelines to… that they have to do that and we've set in a referral letter that they have to say we have a relationship, just so the patient knows for clarity."

"And I guess maybe they feel that even saying that they have a relationship keeps them restricted in some way. I find myself in a dilemma."

"No…"

"I thought this Bill was a…"

"…the physical… the referral to… to say they have it, that was their Amendment. They basically asked for the referral so that if a doctor has a relationship with… and we put it in especially for… there are four disciplines that you can’t go to, that someone has to… the doctor has to refer you. So, we've just basically put a referral that if you have a… any type of existing, contractual agreement with them, you will let them know so that it’s about patient disclosure so they’ll know what’s going on." 09600121.doc 8  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Okay. Thank you very much."

"Mr. Tryon."

"Sponsor yields."

"Yeah. That was already covered by the current law and we're just trying to clarify that, but correct."

"And… and well, yes. Except that what… what we're trying to do is clarify if there's any type of relationships of you… if you have… if you give pension benefits to a physical therapist, a doctor's office does, you know, that we're trying to stay within… they’ll stay within the parameters of what’s currently permitted in law and we're just trying to clarify that you will stay within these guidelines and if you have a relationship, you will 09600121.doc 9  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 disclose that to the patient so that they know that there is a relationship there."

"Mr. Saviano."

"Mr. McCarthy."

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

"Sponsor yields."

"Representative, I just wanted to clarify, as Representative Saviano just mentioned, this is actually just a… this is not a new practice. This is an ongoing… clarification for hiring procedures that are already in place, isn’t that correct?"

"That’s correct. We're just trying to codify and… and set out more restrictive regulations of what you do if you have an employment relationship. We're just trying to make sure that people can work where they want and not prohibit any type of collaborative measures."

"Okay. And also the… you know, we did have some testimony and they talked about the cherry-picking of clients going to one firm or another. This really doesn’t address that and I think you also joined with me in the committee saying we’d be willing to work on that in the future if physical therapists or speech pathologists or 09600121.doc 11  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 just about any other profession came to us, but that is not what this Bill is about, correct?"

"That’s correct. We didn’t change any of that. What we’ve done actually is… is put notice in there so people will know if there is a relationship between their doctor and any other type of referrals."

"Well, I think you’ve greatly improved the protections against that, and you know, join you whole- heartedly in supporting this legislation. But I do say, if there is further legislation that can help that one issue, I’m certain that all of us on the committee would be willing to look at it. So, thank you for your work."

"Thank you."

"The last speaker will be Mr. Miller. Mr. Miller, the last speaker."

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

"Sponsor yields."

"Yeah. I believe the genesis of this was brought on by a lawsuit in definition between independent contractor and an employee, is that correct?"

"Not this Bill. That’s what prompted the Bill… the fee splitting Bill last year and this further clarifies that intent."

"Okay. And so the… and what this does is just, as Representative Saviano mentioned, adds additional transparency in a sense of the possible conflicts that may result in a physician or somebody being viewed as steering business one way or another or receiving essentially a kick-back in one form or another?" 09600121.doc 12  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Correct."

"Excuse me. This is to help prevent that?"

"Yes."

"Okay. I support the legislation but will be voting 'present' for a potential conflict."

"Mr. Reitz to close."

"Thank you, Mr. Speaker. And I appreciate the indulgence of the Body. I know there’s a… we’ve had a lot of correspondence on this. I would just assure you that this just clarifies the fee splitting language that's in there. As the other speaker said, it creates more transparency when there is a relationship. And I’d appreciate an 'aye' vote."

"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Careen Gordon. Mr. Clerk, is the voting switch turned on for Representative Gordon? Mr. Clerk, this board indicates that Careen Gordon is not voting. The Clerk shall take the record. On this question, there are 82 people voting 'yes', 22 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Jakobsson, do you wish to call House Bill 5040? Mr. Clerk, what is the status of the Bill?"

"Representative Jakobsson on Amendment #2."

"Thank you, Mr. Speaker. Amendment #2 calls the Act the Cadmium-Safe Kids Act, instead of Cadmium-Free Kids Act. It explicitly defines jewelry and sets as the standards. And it is something that I was working with… with people who came to me about the Bill and had problems with it."

"Lady moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, are there any further Amendments?"

"Representative Jakobsson."

"Thank you, Mr. Speaker. House Amendment #3 just changes the definition of manufacturer so it doesn’t include an entity whose brand name is affixed to the product."

Speaker Madigan: "The Lady moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"Put the Bill on the Order of Third Reading and read the Bill for a third time."

"Representative Jakobsson." 09600121.doc 14  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill creates the Cadmium-Safe Kids Act and this would make sure that jewelry that is sold specifically for children and jewelry is defined in this Act, would have a standard… would set the standards, contain no more than 75 parts per million of cadmium. Cadmium is something we don’t want our children wearing around their necks or hanging from their arms, or even especially putting in their mouths. And this is just making our children, our grandchildren safer."

"The Lady moves for the passage of the Bill. There being no discussion, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, they’re 108 people voting 'yes'; 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Hamos, do you wish to call House Bill 6441? Mr. Clerk, read the Bill."

"Thank you Ladies and Gentlemen. This is the Illinois Health Information Exchange and Technology Act. Thank you for the beginning of a good discussion yesterday and for all the people who have signed on as cosponsors. And you're in good company because this has been worked on for a number of years by an interesting group of stakeholders that includes really every… any… a range of groups from AARP, to the health insurance companies, to the health care 09600121.doc 15  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 provider associations. And this is going to set up a very new and exciting opportunity in Illinois to use electronic health records by health care providers and patients in a private, secure, interoperable environment. This sets up an Illinois Health Information Exchange Authority, which is going to manage the Health Information Exchange. It will set up standards and protocols for the use of electronic health records among providers at the time that patients need health care. And this is something very much promoted by the Federal Government. We already have received two grants in Illinois that is beginning the process of incentivizing and working with health care providers throughout the state to make electronic health records part of… ubiquitous and part of all medical practices. And the purpose, just to remind all of us, is to reduce health care costs by reducing health errors… health care errors, to enhance coordination of patient care among providers, to increase the patient's ability to manage his or her own family's care, and to reduce health disparities. And I urge… I welcome your questions and I urge a strong support."

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

"Representative Howard."

"Thank you very much, Mr. Speaker. I am very excited about this program that’s being… being produced or developed with this legislation not only because of the things that Julie said and Representative Osmond, but also because of the potential of the employment opportunities that our young people will be able to have access to across the state. I'm told there will be thousands and thousands of jobs that will open up and I'm going to be encouraging young people to look at the programs, take those kind of courses in… in college, and to try to be a part of this. Thank you, Representative Hamos and I'm certainly very supportive."

"Representative May."

"Yes. I would like to commend the Sponsor for the work on this Bill. It is a major step forward to make sure that we cut down on costs and that we give people a health care home. They will have records. Those of us who have seen it working with patients in hospitals, it is amazing. It will reduce repetitive tests, provide better outcomes. It’s a major step forward for the citizens of this state. And I really want to thank Representative Hamos for this… this legislation which will bring us into the next century in providing health care"

"Representative Coulson."

"Sponsor yields."

"This will be, I believe, the first key mission of this new Authority that will be guided by a private-public board and its right in the very first Section that… I mean, clearly, HIPAA guides all of this. So, we start with the federal overlay of all medical records and those are of course in control of the patients… guided by what… a patient's privacy rights, but it's right within… and I'm looking for it, the powers and duties. The very first Section of powers and duties of the Authority is the Authority shall create the exchange using information systems and processes that are secure are cost effective and meet all other relevant privacy and security requirements under State and Federal Law. And within this there are also, of course, violations… penalties for violations of privacy rights but they will have to grapple with this from the beginning."

"Well, we talked about this with Representative Davis yesterday also, there will be a procurement process, but the Illinois Health Information Exchange will be actually an interface between systems to make sure that they're interoperable. So, there is a tech… there is hardware, software, and training that has to go along with making this available throughout the state. Now, most of the purchasing, the procurement, will happen at the provider level because the providers will now be incentivized with federal money actually to get… to develop electronic health systems. This Exchange itself will be a small office that will be the connector among health… electronic medical records."

"Definitely not just one bidder, definitely not just one company, but the Federal Government is so aware that health records have to be interoperable among providers that there will be new federal consistent standards that will be required of all systems. There are multiple vendors. Last year there was a vendors' conference and 150 different companies were there, many of them minority vendors. So, there will a lot of that work going on throughout the state and it’s not… definitely not just one bidder and one vendor."

"Mr. Black. Black."

"Sponsor yields."

"We are convinced that it’s in the thousands because we already had a demonstration the other day of one group of physicians in Texas who came together to develop there own local exchange and with that they realized how many new technical support people had to be hired and of course at the hospital setting also. So, there will be a new workforce that will be very much involved in making this operational and that’s what Representative Howard was excited about also.

"Well, I did get information, actually, and I’m looking for it from one vendor, and one group, and that’s just one group in Texas as an example that has already implemented something like this…"

"…and Illinois, we don’t have… we’re a little bit behind. So, we don’t have any really reliable data here in Illinois, but from that one group they were able to show us actually, but I can’t quite locate the information. I have it."

"They are based out of Washington, D.C."

"It’s just one example. They happened to come to town and were kind to show us a demonstration. Any… there’s any number of these demonstrations. My own health care provider had… uses electronic medical records and I can go online right now and access my electronic health record online. So, there is this kind of work going on. This piece of legislation that we’re debating right now would pull this together."

"Shockingly so. This one group seems to be doing some very interesting work. We have some of those experiments going on here too."

"Absolutely."

"Mr. Miller."

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

"Sponsor yields."

"First off, Representative, are dentists included in this?"

"Are what, please?"

"Are dentists included in any of this? They’re not named… you’ve named pharmacists and other professional… health care professionals."

"Well, it’s interesting you say that because it’s any number… all health care providers, I believe, will be using electronic health records. The Federal Government is going to be very directly sending incentive payments down to any health care providers that work with Medicaid and Medicare patients, and I’m sure that’s across the board including dentists."

"So, I… my concern and as this Bill moves on is the fact that either they need to be explicitly mentioned or… or a catchall or something. Maybe, I don’t… I don’t know what the… our analysis does not explicitly mention it, not that I'm opposed to it. Other point I just want to ask you is, this particular Authority is just simply to try to design a system that will exchange medical records securely here in Illinois, or will it be compatible with other states and other places across the country? And I ask this because when many dental offices decided to… or many hospitals decided to start to use electronic records or electronic means, there were many different systems. There 09600121.doc 22  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 was one maybe based on a PC system, one on a MAC system, and I know that type of technology has been emerging, but is this to help integrate that you have one uniform set of standards, or one uniform set of systems that can be interrelated not just within Illinois but also across the country?"

"Well, I’m… this particular Bill has to do with a state level exchange and the Federal Government is really pushing states to do this at the state level. However, the problem we have right now, to give you an example of this, is that of an excellent vendor sold a system to Northwestern Hospital, it’s a very big system… a very big hospital. So, the very same vendor sold a system to University of Chicago Hospital, again, a very significant health care provider, those two systems don’t talk to each other right now"

"Right."

"And if you’re a patient that goes from one to the other, they don’t talk to each other from the same vendor. So, that’s the kind of work that has to now be done to make systa… to make this interoperable, is the word for it, among health care providers. Once that happens, with federal policies for consistency, I'm sure there will be more opportunities across the country to make this interoperable as well."

"But I guess the question is, the mechanism is that the Authority will decide because part of it is vendors do want to have… there are specifics with possibly the University of Chicago versus Northwestern Hospital. Yes, it’s a shame that the fact there's not a… there's not some sense of 09600121.doc 23  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 uniformity but also he's got to be mindful that some of these companies in a sense of profitability doesn’t want… they want to be able to come up with the interface themselves so there is some sense of them continuing to be involved with a particular hospital or particular provider. I guess my concern… just my concern is and maybe this is a great thing to do is the fact that you’ll end up having these different silos of networks whether it’s… cause downstate health care is a little bit different than an urban city that to make sure that the interface, to make sure that there's some sense of uniform standards that they're using a similar procedure codes, using similar technology than which they can really be… reach the goal that you're trying to address. And I think this is a great move in the right direction and just wanted to bring those points out to you."

"Well, Representative, I think you really get this. And I think that’s exactly the challenge, what you just named because as we speak these many networks are being created using their own systems, their electronic health records system, and now we need to knit this together because most importantly electronic health records have to follow the patient, wherever the patient receives care."

"And last point, I just want to make sure that the Authority at least can be able to address some potential collusion or potential… insider deal with some of these networks or establishments as they move forward and particularly in this new technology and us trying to relate 09600121.doc 24  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 this information. That’s all. I want to thank the Sponsor. And thank you, Mr. Speaker."

"The last speaker will be Mr. Will Davis. Mr. Will Davis, the last speaker." Davis, W.: "Thank you. Thank you very much, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Davis, W.: "Representative, you and I obviously had some dialogue yesterday with regard to minority goals and you pointed out to me yesterday that there was specific… some specific language that spoke to that any contracting that would be done would have to speak to business enterprise goals for minorities and women, things of that nature, correct?"

"Yes, that’s right." Davis, W.: "So, let me ask this… this question and I… it alludes to something you said a few moments ago. So, any dollars that come through this entity will be subject to business enterprise goals, correct?"

"Public dollars, yes." Davis, W.: "Any public dollars that come through it. Okay. Now, one of the things that’s in the analysis and it speaks to $18.8 million that's going to be… that Illinois… says Illinois is going to receive from the Federal Government. Will this entity receive any of that money?"

"Well, I hope so, but that’s not really established. The $18.8 million, the first grant we received, we haven't actually seen the first dollar yet of that." Davis, W.: "Correct." 09600121.doc 25  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"The first part of it is just to develop a plan for Illinois, a million dollars, and once we submit that to the Federal Government, the rest, we hope, will follow. I… we… there's an Office of Health Information Technology at the governor’s level, the money will come in, I think through the off… Healthcare and Family Services agency and we don’t know how much of that money will come necessarily to this Authority. However, whatever that money is, whether it comes to the Office of Health Information Technology, or to the… the state department, it's subject to the same minority goals for procurement, yes." Davis, W.: "Okay. I just want to make sure that we're very clear on that because the last thing I want to hear, like I've heard before, is that contracts have let… have been let from the state in Healthcare and Family Services for millions of dollars and that there are absolutely no… no minority goals put on the dollars to encour… to encourage that type of participation. I just don’t want to hear that in the future. So, if your agency or if this agency, excuse me, is subject to receiving any of these dollars that will ultimately be put into a contract, RFP, if you will, that will be put out, I just want to make sure that those goals will be stated in the contract as it leaves the door, is that correct?"

"I… I agree with that." Davis, W.: "Okay. Now, in any of the language of this particular Bill does it speak to what any percentages would be for minority contracting if such a contract was let?" 09600121.doc 26  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Well, it makes reference to the Business Enterprises for Minorities, Females, and Persons with Disabilities Act, and I can tell you that right now, Representative, there's a big study going on, in fact, within the department of Central Management Services that measured the impact of discrimination on a procurement. And whatever is in this Act I believe is 20 percent, seems to be one of the numbers I see in it, I think this whole Act is going to be reviewed very soon because as a result of this study we will be looking at how well it’s worked and whatever this… whatever the state policy is, is now going to be incorporated into the work of this Health Information Exchange." Davis, W.: "Okay. Well, again, as we continue this dialogue and yesterday I even agreed to be a cosponsor on this particular piece of legislation because I'm understanding, and having a better understanding of everything that’s entailed in there, but again, we want to make sure that as dollars, state dollars and even the federal dollars that come through the State of Illinois are utilized for contracting opportunities that minority businesses, both ethnic minorities as well as gender minorities have ample opportunity to participate and have access to those types of dollars to allow their businesses to be able to grow and prosper just like nonminority businesses have been growing and prosper on the state dollar for years and years and years, in the past and presumably in the future. Okay?"

"I agree." Davis, W.: "Thank you very much." 09600121.doc 27  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Mr. Eddy, I have announced that Davis was the last speaker. Representative Hamos to close."

"Well, thank you Ladies and Gentlemen. I think that we’ve had a good discussion. I'm very proud of the work that we have been doing for a number of years with all of the stakeholders at the table. I think this is an exciting beginning for Illinois and I’m pleased to get so much really diverse support from the Body. And I urge an 'aye' vote."

"Those in favor of the passage of the Bill signify by voting 'yes'; those opposed by voting 'no'. The Clerk shall take the record. On this question, there are 108 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Sullivan, did you wish to call House Bill 5799? The Gentleman indicates he does not wish to call the Bill. Mr. Black, did you wish to call 6241?"

"Mr. Clerk, read the Bill."

"Mr. Black."

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

"Sponsor yields." Davis, W.: "Representative, a few days ago you had a Bill in the chamber here that would give one of your school districts… well, you were advocating on behalf of one of 09600121.doc 29  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 your school districts, what would allow school districts in the state to, by resolution of their board, move to a four- day week in an effort to save money on electricity, diesel fuel for busses. How does a Bill like this impact your school district? Does it help them so they wouldn’t have to go to a four-day work… school day week?"

"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 87 people voting 'yes', 4… 21 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. 09600121.doc 31  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 McGuire, do you wish to call House Bill 5022? Mr. McGuire? Mr. Clerk, read the Bill."

"Thank you, Mr. Speaker. 5022 is a Bill that I had previously in a couple previous General Assemblies. What the Bill does, it's identical to a Bill from the 96th G.A. and the 95th G.A., and it appropriates a total of $200 thousand from the General Revenue Fund to the Department of Human Services for grants for family counseling services. The Bill breaks the appropriation down into two separate $100 thousand grants, The Trinity Services and Catholic Charities of Joliet. Family counseling services are offered to a wide array of ages and ethnic and cultural backgrounds, et cetera. I would sure appreciate your support on this Bill and I thank you very much."

"The Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Black."

"Representative Mulligan."

"The Gentleman moves for the passage of the Bill. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 63 people voting 'yes', 45 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Black."

"Mr. Colvin, did you wish to call House Bill 6018? The Gentleman indicates he does not wish to call the 09600121.doc 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 Bill. Representative Dugan, did you wish to call House Bill 5732? 5732. Mr. Clerk, read the Bill."

"Representative Dugan."

"Thank you, Speaker. 5732 amends the Downstate Public Transportation Act. The legislation provides that annual 10 percent growth in appropriation may be exceeded when any participant extends his service area by either annexation or intergovernmental agreement. Last year downstate transit we got into statute about a 10 percent increase. This just addresses an issue with participants at transit districts that may incorporate a larger area and larger service area. So, I’ll answer any questions."

"The Lady moves for the passage of the Bill. There being no discussion, the questions is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 108 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. McCarthy, House Bill 6206. Mr. Clerk, read the Bill."

"Mr. McCarthy."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House. Would you move this to Third, please." 09600121.doc 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Mr. McCarthy. Mr. McCarthy, excuse me. Mr. McCarthy, excuse me. Mr. Clerk, what is the status of 6206?"

"Are there any Amendments?"

"Put the Bill on the Order of Third Reading and read the Bill for a third time."

"Mr. McCarthy?"

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 6206 is an initiative of the Illinois Student Assistant (SIC-Assistance) Commission. It basically adds something to the definition of eligible schools. You know it's for the College Illinois Program. Many of the residents of our state have these contracts for a certain number of semesters or years of tuition that they prepay and very seldom does this happen, but it has come up that there are some institutions that are not eligible because for one reason or other, they don’t… they don’t use the MAP program. An example of this would be like Principia College. It’s a Christian Scientist School that because of that does not participate in MAP. Another example would be the John Marshall Law School, because they do not have undergraduate classes. If a person finishes their undergraduate degree, and still has a couple semesters left, they could not use it at John Marshall 09600121.doc 35  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 where they would be able to use it like at Northwestern, Loyola. The Illinois Student Assistant (SIC-Assistant) Commission thinks this is an oversight. And I would appreciate your support in changing the laws so that these schools could be included as well."

"The Gentleman moves for the passage of the Bill. There being no discussion, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 108 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Rita, did you wish to call House Bill 6434? Mr. Clerk, read the Bill."

"Mr. Rita."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 6434 basically just adds a rate for high Medicaid nursing homes. I’d be happy to answer any questions."

"The Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Osterman."

"Will the Sponsor yield?"

"Sponsor yields."

"Representative, what's the genesis of the Bill?"

"To help some of these high Medicaid nursing homes."

"Help them how come?" 09600121.doc 36  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Sort of, kind of like we’ve done with the… the hospital DHS that… what they call it… that DHS payment."

"I agree and some of those high Medicaid nursing homes are in my community. But I… what I want to say is, currently, there's an environment going on right now… or currently, there are negotiations going on right now with nursing home industry as well as advocates about the terrible state of affairs for… of the nursing homes and the care that’s provided in the State of Illinois and to say it’s a crisis would not be an overstatement. Was this recommendation… or was this Bill part of the Governor's task force on nursing homes? Is this part of that provision?"

"Not… not that I’m aware of."

"And how much would this cost the State of Illinois?"

"Well, it all depends because it would be done by rule by HFS. And they could appropriate a dollar… they could appropriate 50 cents, and I mean, so it… "

"Ladies and Gentlemen, to the Bill. Conceptually, I’m not against helping high Medicaid nursing homes, but we have two realities. The first reality is that we are in a fiscal crisis unlike any we’ve seen in our lifetime and when we get back from our break, we’re going to have to deal with that head-on. Passing legislation like this saying that a rule could be made to give these high Medicaid funded nursing homes more money, at this point in time when we don’t know what our financial situation's going to be, and how we’re going to pay for schools and a lot of other important health and human service programs, I 09600121.doc 37  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 think is something that we should not be doing. Secondly and… and more importantly is that the nursing home industry in our state, the Tribune and others have highlighted some phenomenal tragedies and mismanagement of nursing homes. There’s a nursing home in our community, Representative Harris and mine, that was shutdown by the Federal Government and indictments were cast on, on the owners of that facility. Others are going in and looking at all these nursing homes, the way they are run and the care that they’re provided for. Giving them the ability to get more money right now while these negotiations on reforming the whole system is very premature. And Representative, I would, you know, ask you to consider pulling the Bill out of committee, or out of the record, but ladies and Gentlemen, there will be time to deal with this when we get back, when we look at how we reform out nursing home industry, and how we pay our bills to the schools and… and health care programs in our state. Doing this today is not a good thing and it sends the wrong message. And I would ask everyone to vote 'no' on this Bill."

"Representative Bellock."

"Sponsor yields."

"Yes. And we're… and we were going to address that by putting a percentage in there so that it would be the very high, somewhere in the 90 percent range would… we weren’t able to get that Amendment put on there as I worked with you, but you’ve got my commitment that we would address that in the Senate to come back."

"Mr. Eddy."

"Sponsor yields."

"It will be established by rule and they would be in control of that when they… when they set the rate."

"And what their concern from my understanding in committee was, it was stated in the Bill and that’s what 09600121.doc 39  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 Representative Bellock stated that we just stated what a high preponderance of Medicaid population without stipulating a percentage and we're looking at somewhere in the 90 percent-plus."

"Representative Feigenholtz."

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

"Sponsor yields."

"Representative Rita, I’m a little confused about… about this Amendment and I’m a little… I'd like a little explanation perhaps of what happened in committee. Is there a… you're trying to create like a DSH nursing home. Is 09600121.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 that… is that what I’m reading here, like we have disproportionate share of hospitals."

"It… it's not similar to what the hospitals, but it's an incentive to create an extra rate for these very high Medicaid facilities."

"Now, aren't we already on an MDS system with nursing homes?"

"Yes."

"And doesn’t the MDS system determine the rate?"

"Yes."

"So, why…"

"This would create additional rate for these very, very high… like the ones that are within my district to give them an additional rate and HFS would set that rate."

"But I don’t understand why we need to do this. What… what does high or low Medicaid have to do with the multiple data system?"

"It… it’s doing what… keeping these places open when they have a very high Medicaid rate and giving a little additional rate would help the system to keep their doors open. And we're talking about, as I stated before, 90 percent-plus."

"Well, I understand that."

"We weren’t sure exactly where we were at. We had an Amendment that we were going to put for 90 percent which amounted to about 100… but was 77 facilities. So, this isn’t every facility. It’s just taking a portion of them, the ones that are… are… fall within that range." 09600121.doc 41  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Ha… has the number of people on Medicaid in nursing homes increased so exponentially that we have to do this?"

"I can’t… I’m not sure on that."

"I think that nursing homes historically have been very high Medicaid. Is that not accurate?"

"Yes."

"Okay. So, as I"

"But we're taking that very top portion, that top tier that… in creating this. This is not for everyone, as I keep saying, it's that top 10 percent. So… so we're dealing with some of these facilities that are, you know, 97, 95 percent. It’s approximately, from what I understand, about 70 to 77 facilities."

"So, already in Illinois we have a special part of our rate called psycho social rehab. It’s the… we're the only… actually the only state in the country that has that and I know that the nursing home task force is working on fine-tuning that piece of the rate. So, here we're trying to create yet another piece, or another component and it's only going to be because of Medicaid. Now… now Representative Rita, right now in the State of Illinois, hospitals and nursing homes are the only two institutions in Illinois that get paid on a 30-day payment cycle, okay?"

"Okay."

"Because of the Recovery Act. So, there are so many other providers that unfortunately are closing their doors because they are having to lay off personnel and cut programs and I’m ju… I'm just a little concerned about 09600121.doc 42  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 where we're going here. Could you explain to me what the word preponderance means in your Amendment?"

"Well, that’s what we're addressing by the top tier, that top 10 percent. So, it would be 90 percent-plus, in terms of Medicaid, in terms of this Bill. And that’s… that’s what we're going to address and we're going to address in the Senate what that high preponderance of Medicaid means. And… and what I’m saying is it’s 90 percent-plus."

"Okay. So, there are specific things that were discussed in committee and I know that Representative Bellock just asked you if you are specifically going to be sending this Bill back with the… the occupancy percentages, the…"

"Yes. That's what mainly was discussed in committee was what she stated."

"…the dollar value of the rate adjustment." Rita: "That’s going to be determined by rule, by HFS. So, if they, it’s going to be determined by them what the rate the… how they set it."

"Okay. Because the lack…"

"So, you can't really put a…"

"…the lack of being specific in this Bill is it’s not clear how things are going to work out here."

"So… so, by allowing HFS to determine the rate, it put… gives them the control on determining the amount that they would put towards this additional rate. You know, it depends on their… the money they have."

"Well I, you know…" 09600121.doc 43  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"So, we're not… we're not directing them to give them so much money, a certain dollar amount, were just saying we're allowing to establish a rate."

"So, Representative, have you had…"

"…for that 90 percent high Medicaid occupancy of these."

"Have you had discussions with the Governor’s Office or HFS on this? Are they in support of this Bill?"

"They… they came to committee and they were not in support of it. Is what they stated with the meaning of high preponderance that would… that was the main discussion in committee which I’m agreeing to or I’m stating that I’m… we're going to correct when it goes to the Senate, which then would in turn have to come back here."

"So, in committee you said that you would be interested in having the rate increase apply only to homes with 97 or 98 percent Medicaid occupancy rates. Is that accurate?"

"That’s what… that was part of what discussions were and then, and after when we determine how many facilities we came up with…"

"How many would… how many is that?"

"With 97, I… I’m… how many? About 30 or 40. When we looked up down to 90 percent, was somewhere around 77. So, prior to… to putting it in stone saying 97 percent, we weren’t sure in committee, but it’s… we’ve come up with a figure of 90 percent."

"And can you tell me, Mr… Representative Rita, what… with a 30-day payment cycle being met for all nursing homes in the State of Illinois, what is the problem with 09600121.doc 44  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 these high Medicaid? What specifically, since they are a vendor, getting paid on a 30-day payment cycle, what specifically is the problem? Because it’s not frequency of payment. Is it the amount or the rate? Because that is decided by Federal Law, by the MDS system that we’ve been employing in the state and I’m a little concerned about what we’re doing now not working. Because this Bill implies that we need more money 'cause what we're doing is not working."

"It… it just basically gives them an incentive. It… it’s addressing that… that high preponderance of Medicaid. It's just adding the rate, it just setting it so that HFS could determine what that rate would be. We're talking about that top tier. We’re not talking about every nursing home, as I have stated."

"I know that we had a five-year plan on MDS, and… and for nursing homes. Do you know, were we able, I don’t recall, were we able to pay that last year of MDS to nursing homes?"

"I… I don’t know. I'd have to…"

"I’m just wondering if this is an attempt to address that last payment. Ladies and Gentlemen of the House, I appreciate and I'm trying to figure out what’s going on, this is kind-of a very vaguely drafted Bill that could cost us a lot of money and I have a lot of questions this last one especially about MDS unanswered. I’m a little concerned. We have so many providers in the State of Illinois that are… that are closing their doors. Perhaps some of these high Medicaid nursing homes also are 09600121.doc 45  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 struggling. I’d like to know a little bit more about it and I am, of course, looking forward to see what the Amendment looks like because this is very vague. Thank you."

"Mr. Harris."

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

"Sponsor yields. Sponsor…"

"Representative, as Representative Osterman mentioned, yeah, we… we've had some pretty bad problems with some nursing homes up in our area. In this legislation, are you contemplating any kind of performance or quality measures that would… that there would be some kind of minimum quality or performance such as stopping or time spent with patients in the homes in addition to just a proportion of Medicaid patients?"

"Not specifically in this piece of legislation. It’s a good idea and it's something that we could address. But it's not within the… in the House Bill 6434. It's… that particular language is not."

"I would really encourage you to look at that because if we…"

"And it's… that’s something that we could encourage or when it goes to the Senate to work with them to put maybe something possibly with that. I’m not inclined to not addressing something like that."

"Yeah. I would really like to see some kind of measure or standard to be sure that the money that goes in to this system is really used for the benefit of patients and doesn’t just find it’s way back into the pockets of some of 09600121.doc 46  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 the nursing home owners. Another question Representative, is this a federally matchable funding?"

"It… it possibly could be, yes."

"Well, is there an existing waiver for this or would we need to go through another waiver process?"

"So, from… the rates, from my understanding, are matched so this possibly could be matched."

"And what… what would our potential match be?"

"As of December 31, it was 61 percent."

"So, under the extended stimulus program, we could get 61 cents matched from the Federal Government for every dollar we put into this?"

"Yes."

"Okay. Thank you Representative."

"Mr. Miller."

"Thank you, Mr. Speaker. Will the Sponsor yield? Representative, I understand the concept of what you're trying to provide additional dollars for those who treat the underserved. You mentioned a word incentive but in a sense of these facilities are already treating this population. Is that correct?"

"Yes."

"And I heard from Representative Osterman and others about some of the problems that are associated with some of these facilities. Are they directly related to money?"

"I… no, I wouldn’t… I wouldn’t say that. I mean, I don’t think it's directly related to money, I don’t know. I think it depends on the different facilities and the 09600121.doc 47  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 different problems that they are facing. I don’t think you can put a direct link to that."

"My concern is, you mentioned several times about in regards to the pools of… pool of dollar… additional dollars that this would put on the system, and… and honestly, I haven't heard really a clear answer in terms of the exact dollar amount that will be… you mentioned it will go by through rule, but I'm not quite understanding how rule… rule will decide on the budgetary constraints or budgetary item on this particular Bill."

"What it says is the payment shall be adjusted… the rate or the payment shall be adjusted annually depending upon dollars available or dollars that they would like to put in to this particular additional rate. So, HFS would determine annually what that rate is so it would, depending upon the rate and depending upon… so it…"

"Hold it. What… what the rate is or what the… so, for instance, if you see 98 percent low income…"

"No."

"…then what you're saying though is that, if you see that you're going to get additional dollars and school systems do that. School systems do have a poverty count where as we represent, or near the Village of Riverdale, additional poverty dollars go towards higher pools of concentration of… of because it’s theoretically harder to teach children if they’ve got lower economic and higher grade needs. Is that the…"

"So… so, basically when we, they were talking about earlier is setting what the percentage. So, it wouldn’t 09600121.doc 48  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 fluctuate on the percentage once we set the percentage. If it was 90 percent, it would deal with everybody in that top tier. They would determine the rate which would determine how much money would go in there, whether it be a dollar, whether it be two dollars, whether it be 25 cents. That would determine the actual dollar, so that’s why you can't really answer what it is actually going to cost because it would depend on HFS on what they set the rate at, and they could adjust it annually."

"Well with this particular…"

"So… it, then it would be based on available funds, how they could look at that rate and what they would put in that."

"So, an earlier comment was this would be… there is no language dealing with subject to appropriations. So, if it’s… if there are no moneys allocated for this and yet by rule in establishment of a higher rate, then essentially there will be no dollars going towards those high needs which would contradict a statement of you saying there’s an incentive. And how would somebody have a sense of predictability to know that a agency can say one year, these funds are going to be there, next year, who knows what's going to happen, and in a sense of an incentive of… of trying to provide greater participation or greater service for the Medicaid population."

"Can you sort of… I mean, I’m trying to follow you on that question there."

"You said that the amount of population at a facility would be serve, would be set by rule. Correct?" 09600121.doc 49  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Yes."

"That could fluctuate…"

"Wait, no, it would be… When we address it in the Senate that… and that’s where this high preponderance of Medicaid population we're going to address that and make that a… a percentage. Ninety percent was something that we were looking at. So, that would be set."

"Okay."

"So, you would know exactly would… what facilities we would be dealing with, and who… what the criteria is. If you fall in that 90 percent to 100 percent, or… that would be determined. Okay. Does that… for that portion."

"I, Bobby, believe me, as somebody who… I understand what you're trying to do. I agree what you're trying to do, but trying to pay… excuse me, Representative Rita… of trying to pay providers who provide a service to a… to a underserved area… an undeserved area… to a… those who cannot afford it, service that’s a higher compensation. The problem exists with this is that there's no seal based on what you're saying, I just want to be clear, there no sense of predictability from year to year…"

"No."

"…on what that population should be. That’s point one. Point two is the fact that you're saying that… that based on that they could… the agency could provide no doll… no additional dollars for this and once again that's not the incentive, you used the word incentive, because there is no predictability with this."

"Based upon from… they would have to give something." 09600121.doc 50  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"I'm sorry."

"Whether, depending on the amount. You’re right, it would be adjusted annually. Yes, there would be… it wouldn’t be set exactly where it’s at. To address your first part of the question, that’s what we're going to address in the Senate. Is what them… is what that percentage is that we're talking about, that tier. So, they would know if they fall within that… if their 90, 92, 93 percent, they would fall in it, that they could… that they would qualify for that additional rate and then that rate would then be determined by HFS. If it's…"

"To the Bill. To the… Thank… thank you. I've worked with Representative Rita, his heart and his spirit is in the right direction. I'm still not quite clear. There are some problems with this. It's great to incentivize providers who go into underserved areas, who try and provide a service, who are paid a lower rate. That is something that has to happen, that needs to happen; however, without any real checks and balances in regards to how much this is going to cost, with no predictability from year to year on what that incentive is going to be. Unfortunately, you're going to end up with a system that… that I don’t think will provide the ends to the means of where this Gentleman is trying to go, where this legislation is going to go. Once again, I would ask everybody to seriously listen to this debate. It's very important on our budgetary implications as we move forward. Thank you."

"Mr. Lang." 09600121.doc 51  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

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

"Sponsor yields."

"So, do… there seems to be some dispute about whether this Bill is subject to appropriation. Can you clear that up for us?"

"It's not."

"It's not, but nevertheless the department get… has to determine how many dollars they might have available for the program and they can set their rates according to what dollars they might have available."

"Yes. Yes, correct."

"Thank you. Mr. Speaker, to the Bill. I believe that the opposition to this Bill is overblown. This while it does not say subject to appropriation in essence is. The department can only create a program for the dollars available for these disproportionate share facilities. We have a disproportionate share program for hospitals that serve heavily Medicaid populations, why not for these facilities as well. This is a program that would only move forward if there were dollars available, subject to appropriation or not, still they can only provide dollars that are available. All the conversation about needing the money for the budget and all this is all true… it's all true, but this is a Body that last year gave the Governor the entire budget of the State of Illinois and said spend it any way you’d like. This is really just a continuation of that. We have a responsibility to recognize that these facilities are part of the health care continuum of our state. A lot of people want to talk about these facilities 09600121.doc 52  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 as something else, but in essence they're part of the health care continuum. The deal with people that have real needs and many of these people with these real needs have no dollars. This is an opportunity, if we had money available for the department to create rules to recognize the fact that these are facilities that are part of this health care continuum and to take care of some of their needs, no different than we do with disproportionate share hospitals. I think it’s a fair and balanced Bill, and it’s a Bill that understands that these facilities are part of what we need to move forward for health care in our state for our senior citizens. I would strongly recommend your 'aye' votes."

"Representative Mulligan."

"Sponsor yields."

"Correct."

"Yes." 09600121.doc 53  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Okay. Mr. Speaker, can we take this out of the record?" 09600121.doc 54  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Mr. Clerk, take this Bill out of the record. Mr. Cross, did you wish to call House Bill 6065? Mr. Clerk read the Bill."

"The Gentleman moves for the passage of the Bill. There being no discussion, the question is, 'Shall 09600121.doc 55  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Clerk shall take the record. On this question, there are 104 people voting 'yes', 1 person voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. McGuire, do you wish to call House Bill 5023? Mr. McGuire."

"Thank you, Mr. Speaker. House Bill 5022… 5023."

"Mr. Clerk, read the Bill."

"Mr. McGuire."

"I'm sorry, Mr. Speaker. I don’t have the file handy. Could I get back to that?"

Speaker Madigan: "Mr. Clerk, take it out of the record. Representative Mendoza, did you wish to call House Bill 5772? Mr. Clerk, read the Bill."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5772 is the disclosure Bill. It’s a consumer protection issue that… that deals with providing information to the consumers about their purchase prior to making it, prior to falling in love with puppies or cats. Basically the Bill, I spoke about it yesterday, what it would do is it would provide for this information to be posted on or near the cage of the animals, both dogs and cats, and this information would be pertinent to the 09600121.doc 56  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 animal's health and welfare. For example, where did the dog come from or cat? Who the breeder is? How many animals were bred at that facility within the year? The number of citations that the breeder or the pet store have received throughout the last five years. The breed, color, weight, those type of things about the animal, price and you know, I’d be happy to answer any questions about this. I think I’ve spoken to every Member of this chamber about the legislation. I’m looking forward to answering any questions and would ask for your favorable support."

"The Lady moves for the passage of the Bill. The Chair recognizes Mr. Black."

"Those in favor of the passage of the Bill vote 'yes'; those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Clerk shall take the record. 09600121.doc 57  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 On this question, there are 81 voting 'yes', 26 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. McGuire, House Bill 5023? Mr. Clerk, read the Bill."

"Mr. McGuire."

"Thank you, Mr. Speaker. House Bill 5023 is another repeat from previous times. 5023 is a fetal alcohol syndrome Bill and it was brought to me from the Trinity Services and they need $250 thousand from the General Revenue Fund for the Department of Human Services for a grant that Trinity Services and the FAST Team, F-A-S-T, which is Fetal Alcohol Syndrome of Illinois. I would appreciate any questions that you may have and I’d appreciate your vote for this Bill. Thank you."

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

"Sponsor yields."

"This is a separate request, as I mentioned, from Trinity Services and they are in the establishment and operation of these fetal alcohol syndrome spectrum disorders and they have asked me to try to help them get funding." 09600121.doc 58  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Well, I've…"

"Go ahead."

"It’s a separate Bill, Mr. Eddy. It's just a separate Bill, Sir."

"Representative Mulligan."

"The Gentleman has moved for the passage of the Bill. Those in favor, signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 64 people voting 'yes', 43 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared 09600121.doc 59  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 passed. Representative Mell, did you wish to call House Bill 5420? Mr. Clerk, read the Bill."

"Representative Mell."

"Thank you, Mr. Speaker and Members of the House. HB5420 establishes a microloan program to be administered to intermediaries, regional and local economic community develop organizations to small businesses. The loans are short-term, fixed rate loans up to $35 thousand for start- up, working capital, acquisition of materials, supplies, or equipment. After the intermediaries have had a year of experiencing… a year of experience of distributing these loans, they’re eligible to distribute federal SBA loans. This Bill… I brought this Bill to committee and there’s some issues with it and I’ve been working with… on an Amendment, and I told the committee I would bring the Amendment back. But I then asked the committee since then if I could pass it out of the House and then amend it in the Senate."

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

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

"Sponsor yields."

"Representative, what is the source of the funds for the microloan program?"

"It's subject to appropriation right now. We were going… the Bill originally says we were going to work with DCEO, but we are going to change that to the Treasurer's Office. 09600121.doc 60  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 That’s… that’s the hold up on the Amendment, is we were working with the Treasurer's Office."

"So, these would be General Revenue Funds that would… that would go into this?"

"Yeah. There could be many different type of job training funds used."

"But the money going in would be General Revenue Funds?"

"Right, right. There would be a fund created, but we’d have to… we'd have to supply that fund. It’s possible General… GRF."

"Okay. Well, Representative, I… when we've got a $13 billion hole, I… you know, there's lots of good uses for money and but we’ve… think we need to meet our current obligations before we start establishing new ones. Thank You."

"The Lady moves for the passage of the Bill. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 67 people voting 'yes', 40 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Phelps, did you wish to call House Bill 5912? 6099? Mr. Clerk, what is the status of 6099?"

"Mr. Phelps." 09600121.doc 61  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Thank you, Mr. Speaker. House Bill 6099 requires the use of nonphosphorous fertilizer on lawns and turf grass when applied by lawn care professionals. Does not… does not apply to anything to do with agricultural purposes, golf courses, or individual homeowners. I ask for its passage, please."

"The Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Pritchard."

"Sponsor yields."

"No. Yesterday, I was mixed up on House Amendment #2. House Amendment #2 becomes the Bill. All the language has everybody agreed and… or neutral."

"Thank you very much."

"Mr. Black."

"Representative Jakobsson."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I rise in support of the Bill. Representative… the Sponsor, Representative Phelps and I each started out with our own separate Bills. And we were watching each others as we were trying to work with supporters and opponents and so I want to thank Representative Phelps for getting this one so that many people are supporting it and I think you can look to see all the supporters. I know the Sierra Club held out for a while; they're supportive now. So, I would urge an 'aye' vote. Thank you."

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

"Sponsor yields." Davis, W.: "Representative, when I was lobbied on this Bill, one of the concerns that I had was the impact that this 09600121.doc 63  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 would have on small businesses. Because part of the requirement as I understand it was that, if you are a business and you want to apply fertilizer, say, in a residential neighborhood, that you would have to take a soil sample from every house, say, on a block, if you had the entire block, you’d have to take a soil sample for every house. And you would have to be responsible for paying for the analysis of that soil sample to determine exactly what the percentages of fertilizer or whatever would be that you would apply on a yard. Is that still correct?"

"That is… that is correct. Soil samples cost anywhere from 15 to 30 dollars per sample." Davis, W.: "So, 15 to 30 dollars. So, a small business owner this could be tough on them. If they are… particular if they are starting out into this business, and saw it as a way to help employ youth in the community. So, it could be kind of tough on a small business owner, if they had to pay for a number of soil samples to get done to determine what needs to be applied to the yard, correct?"

"Representative, also, too and I agree with you, but we made it not so… not so tough on them because this soil sample is just good for 36 months. So you're talking $15 for 36 months, onetime." Davis, W.: "When you say 36 months meaning that…"

"'Cause that soil sample's good for 36 months." Davis, W.: "So, it's good for three years?"

"Right." Davis, W.: "Approximately three years." 09600121.doc 64  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Correct." Davis, W.: "So, it’s not something they'd have to do every season?"

"That’s right." Davis, W.: "Okay. Well, obviously, that is certainly helpful to small businesses. I appreciate you… I appreciate you clarifying that as well. So, thank you very much, Representative."

"Thank you."

"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 105 people voting 'yes', 2 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Reitz, did you wish to call House Bill 6420? Mr. Clerk, read the Bill."

"Mr. Reitz."

"Thank you, Mr. Speaker. House Bill 6420 amends the… well, it’s an issue of the Department of Professional Regulation and it amends the Funeral Directors and the Embalmers Licensing Code. This is an attempt to deal with further restrictions on at-need funerals. We’ve worked with a number of different interests on this. If you would look on your computer, it eliminates some of the restrictions, add some others, but I think the intent of this is to make 09600121.doc 65  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 sure that when people are having funerals… at-need funerals especially trying to deal with that at a vulnerable time in their lives, that we have restrictions on there to make sure people are treated fairly and have transparency in their dealings. And I’d be happy to answer any questions."

"The Gentleman moves for the passage of the Bill. And the Chair recognizes Mr. Brady."

"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 107 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Ford, House Bill 4598. Mr. Clerk, read the Bill."

"Thank you, Mr. Speaker. And before I present my Bill, I'd like to wish my daughter a happy birthday. She’s six today and I can't wait to leave here. That’s more important than anything. So, House Bill 4598, what it does it exclude those offenders with prior misdemeanors for cannabis 09600121.doc 66  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 possession with the intent to deliver and manufacture drugs. The Bill is simply allows for first time offenders to receive probation instead of a felony for minor drug possessions. And I’m happy to say that Reboletti and Rose, we worked together on this and it's by no means an indication that I want to be on your side. I’m very happy as a Democrat, but I like to work with you guys. And I move for the passage of this Bill. Thank you."

"Mr. Reboletti."

"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 68 people voting 'yes', 39 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Mautino, did you wish to call House Bill 6015? 6015. Mr. Clerk, read the Bill."

"Mr. Mautino."

"Thank you Speaker. This is the annual transfer of state funds to the Auditor General for the Audit Expense Fund and mandates that the State Comptroller order the amounts transferred from these various special state funds into the Treasury, into the Audit Expense Fund specifically. And this allows the Auditor General Bill Holland to go and do the audits of all our state agencies that are required either yearly or special audits as requested by the General Assembly through the process of Resolution. And I’d ask for an 'aye' vote."

"The Gentleman moves for the passage of the Bill. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 107 people voting 09600121.doc 68  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. McCarthy?"

"Thank you, Mr. Speaker. With apologies to the Body, I would ask the Journal to please reflect that I wish to vote 'no' on House Bill 6065. I inadvertently pressed the 'yes' button."

"Let the record reflect that request. Mr. Hoffman, did you wish to call House Bill 5821, 5821? Mr. Clerk, read the Bill."

"Mr. Hoffman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5821, as amended, simply indicates that in the Smoke Detector Act… in the Smoke Detector Act that would require that nursing homes, MR/DD community care facilities, child care facilities, and newly constructed or substantially remodeled dorms must contain smoke detectors permanently wired into the AC power line, and not just… and also maintain a back-up battery power source. They can’t just be made in the AC power line because if there’s a fire many times that power line goes down. You need a back-up battery source to ensure that the fire alarm still works, or the fire… smoke detector still works."

"The Gentleman moves for the passage of the Bill. Those in favor signify by saying 'yes'; those opposed by saying 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, 09600121.doc 69  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 there are 106 people voting 'yes', 1 person voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Hernandez, did you wish to call House Bill 5927? Mr. Clerk, read the Bill."

"Thank you Speaker. House Bill 5927 would remove a three-month penalty period for families who wish to reenroll in All Kids after they have paid back all past due premiums and one month of premiums in advance. Currently, some families who when enrolled in All Kids are required to pay monthly premiums, families who miss three months of premium payments have their cases cancelled by the Illinois Department of Healthcare and Family Services. In order to reenroll, families are required to submit a new application, pay all past due premiums plus one month worth of premiums in advance, and then wait an additional minimum of three months before their child's coverage can start again. This simply does away with the three-month waiting period. I ask for your favorable vote."

"The Lady moves for the passage of the Bill. The Chair recognizes Mr. Eddy."

"Sponsor yields."

"Yes. And during committee I did. There was a concern expressed, I did work it out and HFS, in return, has responded that there is very, very minimal increase in the numbers of… currently, because of the situation families have fallen off. Paying the premiums and HFS has had to deal with folks trying to get back and they… they pay up the premiums. However, it’s the waiting period, the coverage that’s of concern so HFS is very much supportive of this as well."

"I did speak with Representative Bellock about this, Representative Tryon as well. And we… we did come to an understanding that the Bill is… can work out as is, is workable, as is."

"It's really not necessary cause we're really… we're focusing on that waiting period and the concern is families not or children not being covered. So, if the family… families are paying up, there paying up what they have… they owe, plus a month, that should be enough. You know, I… I want to remind that these are times… these are economic times that families sometimes are just for some reason or another not meeting their bills and fall into this… this bracket. So, we're just trying to make sure that children are covered because in the end what we're trying to do is prevent medical liabilities from increasing."

"Representative Bellock."

"Sponsor yields."

"That’s… that’s true."

"No, were not alleviating. I think that's the misunderstanding that is that we were trying to alleviate the payments, but it’s the waiting period that we were just trying to do so that the kids get back on coverage."

"That’s correct."

"Thank you, Rep."

"Mr. Reis"

"Sponsor yields."

"Yes, and I did address that with HFS and, you know, HFS would be very concerned if they found that there would be an issue, a problem with that, but they, themselves, felt, you know, that the amount of people that were falling into this is not many."

"Let me just give you a scenario. If a family… and if it's after 60 days and a family is dropped, so if they were dropped in March… March 1 and they reenroll in June, they can't… currently they can't get on until sometime in October or November."

"We're just trying to… if they're going to reenroll in June, we're just trying to make sure that the children are covered. They're paid…"

"The Gentleman from Vermilion, Representative Black. And the Chair… the Bill is on Short Debate so for this Bill, with a number of people seeking recognition, I'll go to the timer. Representative Black."

"Representative… Representative Hernandez to close."

"Thank you. Passing House Bill 5927 will eliminate the three-month waiting period that promotes continuity of health care resulting in fewer emergency room visits. It also would eliminate the three-month waiting period… will reduce the occurrence of treatment delays resulting in improved health outcomes at lower costs. It's very beneficial. I ask for your 'aye' vote. Thank you."

"The Lady's moved passage of House Bill 5927. 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 Thapedi, Representative Wait, do you wish to be recorded? Mr. Clerk, take the record. 75 voting 'yes', 32 voting 'no', 0 voting 'present', House Bill 5927, having received the Constitutional Majority, is declared passed. Representative 09600121.doc 77  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 Black, on the Calendar appears House Bill 5109. Read the Bill."

"Representative Black."

"This Bill is on Short Debate. There are… so, I'll be allocating two minutes for each speaker. And we will start with Representative McCarthy."

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

"He indicates that he will."

"Representative, this is the first that I heard of the Bill so I'm sorry to surprise you with any questions, but, when you're given consideration in writing the Bill, did you do anything as far as other Governors who have been already convicted of crimes in a regular court, as opposed to just the impeached Governors?"

"Well, it certainly won't save us any money 'cause those portraits have already been done." 09600121.doc 79  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Okay."

"And did you discover are those portraits currently paid for, like, out of GRF or are they paid for out of…"

"Okay. And… but going forward with this legislation, whether they are paid for by private funds or whatever, this would prohibit our former… our most recent former Governor's portrait from being hung in the State Capitol."

Speaker Mautino: "The Gentleman's time has expired, Representative Franks." 09600121.doc 80  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Thank you, Mr. Speaker. To the Bill. When Mr. Black brought this to our committee, which I chair, I told him I opposed it because I don’t think that we should have revision as history. I think we should remember our history and all those that served. And I know this was aimed at our prior Governor but he was an integral part of our state's history and something that we should certainly commemorate. So, I didn't think it was proper that we not allow that portrait to be… to be had here in the State Capitol. But I understand the concerns at a fiscal time and Mr. Black, to his credit, accepted my Amendment that would allow the portrait to be displayed if it was funded privately. You know, we have an obligation to not only our citizens but to our future citizens to not sugarcoat what's happened in our state. And hopefully, we will learn from all of our past history and it's been colorful sometimes, sometimes it's been shameful, but it's our history and it's something that hopefully a future generation should learn from and maybe us as well. So, I think that there ought to be a portrait because that… our former Governor was the Governor. I believe he has, he deserves a spot there, but I also believe that with these fiscal conditions and with the circumstances of the removal that should private entities wish to pay for it, they should be able to do so. So, I appreciate Mr. Black's acquiescence to my Amendment on this issue."

"Further discussion? Representative Monique Davis, allotted 2 minutes." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?" 09600121.doc 81  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"He indicates he will." Davis, M.: "Representative Black, are the portraits of Governors hung because there being honored, or are the portraits being hung because they have served as Governors?"

"Be allotted one minute." Davis, M.: "Okay. They're not hung to say you're getting an honor here, or… or you're being elected as the best Governor. Those portraits are hung to show who was the Governor of the State of Illinois. And I don’t think we can erase that history by removing a picture. By removing a picture or asking a private donor to pay for it, we are not erasing history. And let me just conclude by saying, a judge will give this person and guilty people their sentence. This is not the place to continue to add sentencing to what was portrayed to be corrupt behavior. We should not do that. We should not distort history by removing a person's picture because we didn’t like them. I… I think it’s a bad vote. I would vote 'no'."

"Further discussion? And I'd also like for the Body to take note, today is the final day for passage on Bills. We have 42 Bills yet to do today. We have 11 speakers seeking recognition, so I will adhere to the two minutes. Everyone will be allowed to speak on the Bills, but we won't be giving extensions over that time. So, 09600121.doc 83  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 please keep you remarks to the two minutes. Representative Boland."

"Thank… thank you, Mr. Speaker. You know, I think that Representative Franks and Representative Monique Davis made some excellent points and ones that I would like to reiterate. As a former history teacher, I think that it's very crucial that we not interfere with really what has taken place, that we not substitute whatever our feelings are. I don’t happen to have any particular love for the previous Governor. He did not treat me what I felt was in a fair way, embarrassed me in front of constituents, as he did others I know, but this isn't a matter of how we personally feel. This is really a matter of our history and we must have in history not only the good things that happened that we like to brag about, and we know that in America there's a lot to brag about, to be proud of, but we know there's some parts of our history that are not so good… slavery, segregation, treatment of American Indians, treatment of the Irish and other immigrants, other types of activities that happened in our history. We have to learn from the lessons of history. I forgot, I think it’s the philosopher Santayana that said that those who refuse to learn from the mistakes of history are destined to repeat them. I think actually having a portrait of all the Governors, including those who weren't on the right track, we'll say, as a great opportunity for young people to learn what is good and what is bad, and hopefully to guard against those things that have happened in our history that weren't so enlightens." 09600121.doc 84  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

Speaker Mautino: "Further discussion? Representative Mitchell." Mitchell, B.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Will the Sponsor yield?"

"He indicates that he will." Mitchell, B.: "Representative, how much do these portraits cost?"

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

"A quick question of the Sponsor. Does this apply to text books? Because the way it's drafted it's not just the portrait here at the Capitol, but it's any image anywhere paid for by state funds."

"Well, it does not say that and I am a lawyer, so I sort of take a little offense to that. But it does say that no portrait… no portrait shall be… no portrait or other image of any person who has served as Governor of Illinois and who has been removed et cetera, shall be financed or paid for by the state. It's says no portrait anywhere. Why 09600121.doc 86  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 wouldn’t it include textbooks? I mean, we have portraits and images. I mean, if the portrait might have a certain designation or a certain feel to it or maybe it’s a specific thing, but it says or other image of any person. And I'm guessing that there are textbooks in many places throughout Illinois that have images of our Governors. And I'm just… you know, this feels like it's so broad and this concept of removing from some textbooks and not other textbooks some places. If it was just one place in the Capitol it might be one thing, one $25 thousand thing, but to be… it's talking about any images of the Governors in any place in Illinois. We don’t know if the state parks have images of our Governors. I don’t know where they all are and this is a very broad designation of a policy that really rewrites history and I agree with as many of the other people who spoken and I vote…"

"Further discussion? Representative Fritchey. Excuse me. Representative Black to be… go ahead and answer the question."

"Further discussion? Representative Fritchey. Representative Washington."

"Thank you, Mr. Speaker. I want to give the balance of this time to Representative Boland because I think it cut off just when he was getting his final point."

Speaker Mautino: "The Gentleman yields his time to Representative Boland."

"Well, again, Mr. Speaker, I was saying that, you know, as the great philosopher Santayana said, you know we… those who do not learn the lessons of history are destined to repeat the mistakes of the past. And so, I think there's been a number of points made here by several speakers that we cannot hide from those things that have happened that are not good. We need to analyze them; those are the ways that we learn from the past. Not only the good things, we have to have the good things about America and about Illinois brought forth. We have a lot of tremendous people to be proud of in Illinois history. I would say this, I happen to be one of these, I guess you would call them weird people who when I go to another state, I always try to visit their Capitol. And a number of years ago I went to the Tennessee Capitol and as I was there… as I walked in there were two huge life-size portraits, one of which was of a current Governor at that time who was residing in federal prison. The people of Tennessee thought it was wise to put that person's portrait up there as a warning against what could happen in the future. So, again, I would ask for a 'no' vote. I know that Representative Hamos got cut off on her request for a 'no' vote as well." 09600121.doc 88  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Representative Black to close."

"The Gentleman moves passage of House Bill 5109. All in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 85 voting 'yes', 23 voting 'no', this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Davis." Davis, M.: "Mr. Speaker, I rise to a point of personal privilege."

"State your point." Davis, M.: "Governor Ryan looks really good up there on that wall. Governor Ryan is hanging right there on that wall, take a look up."

"The Gentleman from Vermilion, Representative Black."

"Mr. Clerk, on page 17 of the Calendar appears House Bill 6038. Representative Turner. Read the Bill."

"Representative Turner."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. House Bill 6038 merely extends the donation tax credit for a period of time, another… tell you the exact years. We're adding a five-year extension to the donation tax credit which is a program that has provided affordable housing throughout this state. It has a very proven track record. It was due to expire in 2011. We'd like to add five more years on to that, 'til 2016."

"The Gentleman moves passage of House Bill 6038. 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. 98 voting 'yes', 9 voting 'no', 1 voting 'present', House Bill 6038, having received the Constitutional Majority, is hereby declared passed. Representative Turner on House… House Bill 5007. Would you like to call this Bill on Third Reading? Read the Bill."

"The Gentleman from Cook." 09600121.doc 91  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Thank you, Mr. Speaker. Hold on just one minute. Can you take this Bill out of the record just for a minute?"

"Out of the record. Representative Brady, on the Calendar appears House Bill 5630. Read the Bill."

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

"The Gentleman has moved passage of House Bill 5630. On that, Representative Franks."

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

"Indicates that he will."

"The… are we working on House Amendment #2, Mr. Brady?"

"Are we on House Amendment #2?"

"Okay. And what you're trying to do is require that a mortgagee in possession notify the last known insurer of 09600121.doc 92  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 the property when they become the mortgagee in possession, correct?"

"What about for vacant land?"

"What about a vacant land? Let's assume a financial institution files a… an emergency motion for mortgagee in possession. Would this be required as well for vacant land?"

"How would you know who the last known insurer was?"

"Why would we… why would we require the banks to do that? What possible benefit could there be for either the mortgagee in possession or the insurance industry to require this additional step?"

"Insurance companies, they don't take care of the property, it's not like they go and manage the property. All they do is insure the property. I don’t understand what this… what benefit at all there is for an additional requirement."

"Grant the Gentleman an additional minute."

"Thank you. To the Bill. This is another government intrusion that’s not going to help anybody. It is an extra step and an extra burden on businesses that doesn’t help anybody. If the insurance company wants to know if the place is occupied, on their annual renewals, they could ask that question. Or if the people are paying every six months, they can ask that question. This is just a burden that doesn’t help anybody. It's silly. It's not necessary and I encourage a 'no' vote."

"No one seeking recognition, Representative Brady to close." 09600121.doc 94  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"The Gentleman moves passage of House Bill 5630. 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 Gordon, Representative Mell, do you wish to be recorded? Mr. Clerk, take the record. 104 voting 'yes', 4 voting 'no', 0 voting 'present', this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5007, Representative Turner. Mr. Clerk, read the Bill."

"Representative Turner."

"Thank you, Mr. Speaker and Ladies and Gentlemen. I apologize for pulling the Bill out of the record. But this Bill what it does is it creates a review team within the Department of Juvenile Justice that will look at the cause of death of youths who die within the… while they're within the custody of the Department of Juvenile Justice. So, this would take a thorough look to see if there's something that we can do to prevent such accidents from happening again, or if, in fact, there is malicious intent to provide… to 09600121.doc 95  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 make certain that no other kid becomes a victim. And that’s the intent of this legislation is to create that review team."

"Mr. Turner moves the passage of House Bill 5007. On that question, the Gentleman from Champaign, Representative Rose."

"Yes."

"Yes, he will."

"What this would do is bring a number of state agencies into… to be part of this team. It would also include the Inspector General, and that it wouldn’t change from what they do probably at other local county jails. But this would just be a man… not necessarily a mandate, but it would be a better vehicle for the department to operate with."

"Okay."

Speaker Mautino: "Further discussion? Representative Reboletti." 09600121.doc 96  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"He indicates that he will."

"That’s something down the road that we could consider, but just based upon economic constraints at this point, I thought that we'd start at home and see what we could do internally. But certainly where we can help prevent and safeguard those young people who are on parole, I would support it. But the intent of this Bill is to just take a good look at those things that we do have complete control of."

"That’s correct."

"That’s correct. We don’t have control over their lives, you do but you don’t, and so there are a number of variables that could come into effect. These kids are those children that are within the Juvenile Justice System, where we have a direct responsibility and that’s where we want to 09600121.doc 97  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 try to improve and safeguard those young individuals that may be in our custody."

"Thank you, Representative."

Speaker Mautino: "No Members seeking recognition, Representative Turner to close."

"Thank you. I just move for your 'aye' vote on this Bill."

"The Gentleman moves passage of House Bill 5007. 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 Froehlich, Representative Black, do you wish to be recorded? Mr. Clerk, take the record. 106 voting 'yes', 1 voting 'no', 0 voting 'present', House Bill 5007 is declared passed. The Gentleman from Vermilion, Representative Black."

"State your point, Sir."

"Please give the Gentleman your attention."

"Well said. Mr. Clerk, on page 15 of the Calendar appears House Bill 5539, Mr. Cavaletto. Read the Bill."

"The Gentleman from Marion."

"The Gentleman moves passage of House Bill 5539. 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 Burns, do you wish to be recorded? Mr. Clerk, take the record. 107 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 5539 is declared passed. Representative Bradley, House Bill 4652? Mr. Clerk, read the Bill."

"Mr. Bradley. Third Reading."

"Representative Bradley."

"Thank you, Mr. Speaker. This is an issue of the Corn Growers Association. It's supported by the Farm Bureau. Basically what it does, it says if the feds change the ethanol percentage that Illinois will go along with that. I ask for an 'aye' vote."

"The Gentleman moves passage of House Bill 4652. No one seeking recognition, the question is, 'Shall 09600121.doc 100  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Davis, Representative Pihos, do you wish to be recorded? Mr. Clerk, take the record. 105 voting 'yes', 2 voting 'no', 0 voting 'present', House Bill 4652 is declared passed. Representative Chapa LaVia, House Bill 5169. Mr. Clerk, read the Bill."

"Representative Chapa LaVia."

"Thank you, Speaker and Members of the House. This is a front-door referendum that was brought to me by Kane County, the developmental disability organizations. And I would suggest an 'aye' vote. Thank you."

"The Lady has moved passage of House Bill 5169. No one seeking recognition. Excuse me. The Gentleman from Champaign, Representative Rose is seeking recognition."

"Indicates that she will."

"Uh huh."

"What do you mean? I mean, they passed their own front-door referendum."

"This just deals with Kane County."

"Right, but the…"

"Right. Well, the state's attorney in Kane County told them that they had to do it by us. Giving them the authority to do it, and then they'd run it on a referendum. Because the county board has… had it's own problems and you know AID and organizations within Kane County which is like a shot at trying to get on the referendum and allow the taxpayers to see if they'd like to vote for this."

"We have a 708 that covers a lot of areas, but right now…"

"…with the growing population… this would be a addition. They only get small portions of those dollars. They don't get dedicated funds to DD and MI. So this is one way they come in front of…"

"Correct." 09600121.doc 102  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"The Kane County Board…"

Chapa LaVia: "Well, 708 Board, they have… they cover six counties. So they have to distribute what little money they have between all those Counties, and this would be specific to Kane County. AID the organization itself, does from Elgin all the way to Aurora and services…"

"…so it's a large county. And they have over a thousand people still waiting to get on that list to get services, they can't even get 'cause they can't afford. So…"

"Thank you."

"Further discussion? Representative Tryon."

"She indicates she will."

"Correct. If the… it's only after electors vote in favor of the front-door referendum that PTEL proposes the counties aggregate extension and it will not include extensions made for the special… will not include extensions made for special purposes. However, the county 09600121.doc 103  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 clerks will calculate a separate limiting rate for the funds used for the care and the treatment that the county's residents have with developmental disabilities."

"No."

"Correct. No."

"No."

"No. No."

"No, they'd have to come back."

"Right. Woodchuck."

"Grant the Gentleman an additional minute."

"Lady moves passage of 5169. All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk. Representative Harris, Representative Hoffman, do you wish to be recorded? Mr. Clerk, take the record. 78 voting 'yes', 29 voting 'no', 0 voting 'present', House Bill 5169, having received a Constitutional Majority, is declared passed. Representative Bellock, House Bill 5241. Read the Bill, Mr. Clerk."

"Representative Bellock."

"The Lady moves passage of House Bill 5241. No one seeking recognition, all in favor vote 'yes'; opposed vote 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Jakobsson, Black, Mell, do you wish to be recorded? Representative Mell, wish to be recorded? Mr. Clerk, take the record. 107 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 5241 is declared passed. House Bill 5578, Representative Coladipietro. Read the Bill."

"Third Reading."

"Mr. Clerk, leave that Bill on Second Reading and take that Bill out of the record. Representative Connelly, House Bill 5147. Read the Bill."

"Mr. Connelly."

"Gentleman moves passage of House Bill 5147. 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. 106 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 5147, having received the Constitutional Majority, is hereby declared passed. Representative Coulson, House Bill 5076. Read the Bill."

"Representative Coulson."

"The Lady's moved passage of House Bill 5076. No one seeking recognition, all in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 106 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 5076 is declared passed. Will Davis. Out of the record. Representative 09600121.doc 107  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 Dunkin, House Bill… Representative Dunkin on House Bill 6439. Would you like to move this Bill? Mr. Clerk, read the Bill."

"Representative Dunkin on Floor Amendment #1."

"Yes. I'd like to move that we adopt Floor Amendment #1. This is regarding the Task Force on Bed Bugs."

"Gentleman moves adoption of Floor Amendment #1. And on that question… no one seeking recognition. All in favor say 'yes'; opposed say 'no'. The 'yeses' have it. The Amendment's adopted. Mr. Clerk, further Amendments?"

"Representative Dunkin on Floor Amendment #2."

"Thank you, Members. I move that we adopt Floor Amendment #2. This issue is regarding the Task Force on Bed Bugs."

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

"Third Reading. Read the Bill."

"Representative Dunkin." 09600121.doc 108  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Thank you, Mr. Speaker. I just move that we… after we vote 'aye' on this emergent phenomenon that's come back here to the country, especially in the State of Illinois, through out condominiums, hotels…"

"The Gentleman moves passage…"

"…across the state."

Speaker Mautino: "…of House Bill 6439. On that question, Representative Reis is seeking recognition."

"Yes, he will."

"Apparently the Department of Public Health already have a pest… or Insect Pest Task Force, and we're simply adding this to the Pest Control Task Force that they have. And the goal will be to eradicate the bed bugs that have… there's a new… there's an uptick of new… of the bugs coming back here. It's really in a lot of apartment buildings, a lot of condo… condominiums. As a matter of fact, constituents have brought this to me over the last several years and we seem… we need to come up with a way to saying as of how we're going to treat this particular bug that has reinfested our state. And so…"

"It's already constituted already. It exists already."

"It's… The Structural Pest Control Advisory Council already exists."

"For… so, we will add additional members in Amendment #1."

"It already exists, Representative. The Structural Pest Control Advisory Council already exists. However, if there… if… it will be… this will be a subcommittee and if individuals are interested in participating on how to eradicate bed bugs, they're more than welcome to… to come to the council with suggestions and ideas."

"Grant the Gentleman a minute to close… to bring his remarks to a close."

"Mr. Moffitt, with a better pun than that. Next."

"He indicates that he will."

"No, but the…"

"And with that the Gentleman moves passage… No."

"Representative Moffitt."

"No, no additional cost. This will be a subcommittee of the Structural Controlled Pest Control Advisory Council. Again, there… there are massive reports that a lot of cities, a lot of communities where there are apartment 09600121.doc 110  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 buildings where there's transients, hotels, townhouses, apartments…"

"Representative, it's just a subcommittee and because again, there's an uptick in this pest as of recently… as of recent and there needs to be a concentrated effort to make sure that we eradicate the bed bug phenom certainly across the state. Again, a number of people who travel carry, unbeknownst to themselves, carry this pest very actively from Chicago, New York, internationally. I mean, it's a big issue.

"A lot of people don't like to talk about it, but it is huge, certainly in the City of Chicago."

"Yes."

"I would imagine so. That's the reason I have my own apartment down here."

"Oh, yes."

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

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

"He does."

"Representative Dunkin, question for you. If you spray K2 on the bed bugs, do they get the munchies and bite extra hard?"

"I have no idea. I think Representative Fritchey probably could answer that question. He's an authority on trying to ask… you know and understanding the bu… bed bug or Representative Fortner. They're pretty adept at understanding the new… new K2 spice drug, as we've learned."

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

"Indicates that he will."

"You know, I… I plan on being active with this subcommittee, because it's a major issue certainly that's been revealed or outed in my district."

"That's a good question. I initially brought a Resolution to deal with the issue of Propoxil, which is a chemical substance that's used to kill bed bugs commercially. The problem with that was that chemical element has a toxic that is… a toxin that is dangerous to young kids and pregnant women in particular. And so, we came up with… this is just to have a concerted effort to really make sure that the department was focusing on this new surge or uptick of bed bugs. And so, it is a… again, a major concern. We want to make sure that they had a full understanding of how we can prevent, how we can make sure that we managed and controlled this new bed bug infestation."

"There… there's no cost to it because the… the… the Structural Pest Control Advisory Council actually exists, and we want to make this a subcommittee."

"Well, they're doing it. They're going… their charge is to do it. We want to make sure that they… that they do it."

"There are… there are a lot of pest issues certainly in the State of Illinois, but this is a… an upsurge a new…" 09600121.doc 113  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"…big movement of bed bugs in some of our potentially populated areas. And again, we just want to have an extra emphasis…"

"Grant another minute. Representative Dunkin, go ahead, you can finish your question… finish your answer."

"Thank you, Mr. Speaker and Ladies and Gentlemen. I ask for an 'aye' vote, please."

"Soon. Representative Garlo… Golar actually wants to ask you a question first."

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

"He indicates that he will."

"…would you be able to tell me… how long has the Structural Pest Control Act to require the Structural Pest Control Advisory Council been in… in existence?"

"That's a very good question. I don't know the answer to that, Representative. I can find out."

"And this came to you through what source, the initiative on this?"

"I was riding public transportation in Chicago, and several constituents who lived in one of the complexes… the condominiums were explaining to me this new upsurge of bed bugs. Then I started receiving phone calls and office visits from residents who had major issues… actually one constituent was almost prosecuted because her children were coming home with welts on their body, and the teachers thought that was abuse. But the constituent knew that they 09600121.doc 114  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 were bed bugs because they had gone to the doctor and the doctor had spoken… had highlighted that those were bed bug bites. And then we found out in this one particular apartment complex that there was just a mass infestation in this particular location. So, I've heard it from, again, the people who live in condominiums, people who travel a lot in the various hotels. There are a number of lawsuits on some of these major marquee hotels across the country as well as apartment complexes. So, I'm telling you, it's a huge phenom in Ohio, in New York, in the City of Chicago, again, where there's densely populated housing stock and there's a lot of transients."

"How many people serve on… on the Pest Control Advisory Council?"

"That's a good question. I think 10 members… we have here the Task Force will have at least 10 members on the Task Force."

"Okay. To… to the Bill… to the Bill, Mr. Speaker. I applaud Representative Dunkin's efforts to work on this. It has been a issue in my… basically, it has been a issue with the Chicago Housing Authority. I've had possibly 2 or 3 of… I have 14 senior buildings in my district, and out of the 14, 3 have had bug infestation to the point of where many of the seniors that live there were… their furniture was taken away from them. There was some other issues they felt of senior abuse. So, this is a problem. It's very problematic. I applaud Representative Dunkin on this; however, I think there's some questions that he wasn't able to answer, but I would urge an 'aye' vote on this." 09600121.doc 115  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"The Gentleman moves passage of House Bill 60… 6439. 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. 85 voting 'yes', 21 voting 'no', 0 voting 'present', House Bill 6439, having received the Constitutional Majority, is hereby declared passed. Representative Durkin, House Bill 5564. Out of the record. Representative Will Davis, House Bill 4827. Out of the record. Representative Lyons, House Bill 5766. Read the Bill."

"Representative Lyons."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a… it's been proposed by the American Lung Association and the Respiratory Health Association and other like-minded health groups to deal with the definition of a tobacco section… cessation program. It's going to be limited to a official program sponsored by the United States Public Health Service. It's going to require that providers provide up to $500 a year annually for these cessation programs to those who are 18 years and older, and it will impact existing health care organizations that provide medical coverage. And to finish the explanation and answer some questions, I'd like to defer to Representative Sara Feigenholtz, if I can, Mr. Speaker?"

Speaker Mautino: "Representative Feigenholtz. The Lady's granted two minutes." 09600121.doc 116  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Thank you, Mr. Speaker. I rise in strong support of Representative Lyons' initiative. I… we talked a lot about the value of smoking cessation in committee and the… we don't have a budget office here that talks about cost offsets, but I, personally, would like to talk about this. I was a 30-year smoker, who fortunately had the resources to pay for smoking cessation assistance and smoking cessation products. I know it has changed my health profile dramatically. It is worth the investment and I would be glad to answer any questions."

"The Gentleman has moved passage of House Bill 5766. And on that question, the Gentleman from Champaign, Representative Rose."

"Mr. Clerk, excuse Mr. Bost for the rest of the day. Representative Osmond is seeking recognition."

Speaker Mautino: "Representative Feigenholtz is taking questions on this Bill. She will yield."

"No, no… you… are you talking about paying… insurance companies paying for smos… smoking cessation?"

"No. No, we have a… invested money in smoking cessation programs in this state, Representative Osmond. But this is specifically necessary because of the four… the 09600121.doc 117  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 huge, huge loss of productivity in the workplace. The cost of all… all kinds of other problems that people surface with health care that also adversely effect the cost of health care. But… and this is really to reduce smoking rates."

"I do. The… I think nationally any states that have done this there is a… are… people are 3.1 times more likely to quit if they've used these products along with counseling. They've demonstrated tremendous success. Some of these products have online counseling, which I personally found very helpful."

"Grant the Lady another minute."

"I believe for pregnant women, Representative."

"Representative Rita is seeking recognition."

"Mr. Speaker, a point of personal privilege. We'll wait 'til after the debate."

"Representative Eddy for questions."

"Indicates she will." 09600121.doc 118  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"No, there's no existing mandate."

"Representative, I have a study that I am looking at that I'd like to share with you about the efficacy of cessation programs. And I believe that… you know, your question…"

"Representative, the… Representative, I… I really would… I… I'm not sure what part of the Amendment you're talking about, but I definitely want to talk a little bit about U.S. Public Guide Lines, and what has been effective. There is a tremendous success rate and with cessation medications for people who are seeking FDA approved medication…"

"Mr. Watson, you're seeking to yield time? Representative Watson."

"An additional two minutes for Representative Eddy."

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

"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, I listen to the debates about the cost of spending $500 per person to help a person cease their smoking habits, and about what a cost this will be on health insurers across the state. You know, I look here at some studies that have been done on the cost… incremental cost of treatment of lung cancer where for the initial treatment period for a case of lung cancer the cost for the first three months is $26,042 per person. The maintenance cost for each year of that person's life thereafter is $11,325 per person, and the end of life cost for a victim of lung cancer, just the last six months, are $30,112 for those six months of that person's life. So, a $500 investment to save the potential cost of a minimum, just assuming the person would live one year once they had developed lung cancer, of close to $70 thousand seems like 09600121.doc 121  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 a very good investment to me. So, I stand in support of the Lady's Bill. I think it would be a good investment for, you know, all of us who are concerned about bringing down the cost of health care in this state. Thank you."

"Representative Miller."

"To the Bill. I do support the… this legislation too. I think Representative Harris hit the… hit it right on the head. When we look at the cost of not just lung cancer but all carcinoma and the treatment for that, getting someone to smoke is one of the hardest thing that an individual can do. My Dad used to smoke and I remember him telling me a story that he quit when the neighbor developed cancer. And so, when I hear the debate on which that the cost of health care overall will increase because of trying to get someone to stop smoking and try to support a very difficult habit with them to get over, it just doesn't make sense to me. So, for us to sit and say that this is… we don't need to do this because the cost is just absolutely… just a little absurd. And second thing, if you look at the opponents of this Bill, they're all insurance companies. We just had a debate dealing with this on a national level, dealing with our profits and things that are going to go towards the people and the citizens… are people that they're trying to treat, as opposed to profits of insurance companies. This only makes sense; it brings us in the right direction. It helps citizens who are trying to kick the habit. People trying to kick the habit, to help kick the habit, and regardless of how they develop the habit, it's only helping our system out overall. Thank you." 09600121.doc 122  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"The Gentleman from Champaign is our final speaker."

"Yes, she will."

"Well, if…"

"It's interesting, but one of the things that I want the Body to know, based on some of the conversation that we've been having here is, the success of smoking and tobacco cessation programs and how they're crafted actually…"

"Representative, when this Bill goes to the Senate, we can talk to whoever's going to pick it up. I'm not going to… I'm not going to be able to answer that question right now."

"Representative, I would be glad to have a conversation with whoever picks this up in the Senate. I'd be glad to work on it with you. I… sure you have… we all have tales. We all have stories that have personally affected our lives. I think, although many of us struggle with doing this, I think that the costs benefit analysis, the return on investment, as Dr. Miller said everybody in this room knows… has…"

"Repre… Representative Feigenholtz to close."

"Ladies and Gentlemen of the House, I think we have heard a lot of debate on this, but I personally believe that this is an incredibly smart thing for us to do. It's necessary because of the total health care related costs in this country, exceeding unbelievable numbers in the multibillions. So, let's send this to the Senate and continue to talk about it, and help people in Illinois quit smoking. I'd appreciate an 'aye' vote."

"The Gentleman has moved passage of House Bill 5766. 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 09600121.doc 124  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 record. 66 voting 'yes', 40 voting 'no', 0 voting 'present', this Bill, having received the Constitutional Majority, is hereby declared passed. Thirty-six Bills remaining. Representative Leitch, House Bill 5308. Excuse me. If you can hold for just a second. Representative Rita on a point of personal privilege."

"Mr. Speaker and Ladies and Gentlemen of the House, I'd like you to give a nice warm welcome to Veterans Memorial School, which is located in the City of Blue Island. They're up here. So give them a nice warm welcome. Welcome to Springfield."

Speaker Mautino: "Welcome to the House of Representatives. Representative Leitch, on the Calendar appears House Bill 5308. Out of the record. Representative Feigenholtz, on the Calendar appears House Bill 6063. Read the Bill."

"Representative Feigenholtz."

"Thank you, Mr. Speaker. House Bill 6063 requires the Department of… I think it's HF… Aging to increase the effectiveness of the CCP Program by ensuring that the program's assessment tools are reflective of the needs of individuals with Alzheimer's and dementia related disorders. I'd be glad to answer any questions. Thank you."

"The Lady moves passage of House Bill 6063. All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Davis, do you wish 09600121.doc 125  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 to be recorded? Mr. Clerk, take the record. 105 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 6063 is hereby declared passed. Representative Flider, House Bill 5879. Read the Bill."

"Representative Flider."

"Yes. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This legislation is designed to ensure that the utility service is not put in the names of those who are younger than 18 years of age. I had a situation in my district where we had a young lady whose name the utility service was into, and subsequently she could not get credit and so this legislation is designed to prohibit that. Admittedly, as we discussed during the Amendment stage, this legislation will need some clarification. We'll be working on that in the Senate. And we had some good dialogue about that. I think the intent behind this is good. And I'd ask for an 'aye' vote."

"The Gentleman's moved passage of House Bill 5879. 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 Brady, Crespo, do you wish to be recorded? Mr. Clerk, take the record. 103 voting 'yes', 1 voting 'no', 1 voting 'present', House Bill 5879, having achieved a Constitutional Majority, is hereby declared passed. Representative Fritchey, House Bill 6072 appears on the 09600121.doc 126  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 Calendar. It's on Second Reading. Out of the record. Representative Golar, House Bill 5918. Read the Bill."

"Representative Golar."

"Thank you, Mr. Speaker and Members of the House. House Bill 5918, this proposed legislation would exempt from civil liabilities any person who in good faith provides care, assistance, or emergency equipment to any person at the scene of an emergency, that necessitates the evacuation of a building. House Bill 5918 would not cover emergency responders or others who receive compensation for their services. This Amendment is the initiative of the City of Chicago. Also, the Trial Lawyers helped me to put together an Amendment that would be more to the act of responding to the care of people with disabilities. I would urge an 'aye' vote."

"The Lady's moved passage of House Bill 5918. On that question, the Gentleman from Cook, Representative Fritchey."

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

"She indicates that she will."

"Representative, we already have some good samaritan in legislation in Illinois, don't we?"

"Beg you pardon?"

"Don't we have legislation that covers good samaritan acts in Illinois right now?"

"Yes. But this is for emergency preparedness. This is for persons with disabilities. This is, in fact, for 09600121.doc 127  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 evacuation of buildings that may be 80 stories or hi… or more."

"Right. So, this deals with those situations where we have to evacuate the building, correct?"

"It would be similar to the 9… September the 11, issue."

"So, why would that be a different situation than the standard of care that we have right now for good samaritans?"

"I would say that perhaps those individuals that would be helping would be seek… trying to seek compensation and we put in here that they would not."

"The City of Chicago's a proponent of this Bill?"

"The City of Chicago wrote the legislation, Representative."

"The Trial Lawyers Asso…"

"Senior analyst, Laurie Dittman, who works for the City of Chicago, wrote this policy…"

"Okay. I was just asking."

"…process. The Trial Lawyers tightened the policy up."

" I was just asking. Are the Trial Lawyers still opposed?"

"They wrote… they helped clean up the Bill."

"Are they still opposed though or not?"

"No, they are not."

"Is there any opposition?"

"None."

"That's all I want to know."

"Thank you."

"Thank you." 09600121.doc 128  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"The Lady moves passage of House Bill 5918. All in favor vote 'yes'; opposed vote 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flowers, do you wish to be recorded? Mr. Clerk, take the record. 105 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 5918 is declared passed. Representative Rita, House Bill 6415. Read the Bill."

"The Gentleman from Cook."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 6415 is a clean-up Act relating to the CPA's licensure."

"The Gentleman moves passage of House Bill 6415. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Arroyo. Mr. Clerk, take the record. 105 voting 'yes', 0 voting 'no', 0 voting 'present', this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bill Mitchell, House Bill 4663. Out of the record. Representative Don Moffitt, House Bill 5590. Read the Bill."

"Representative Moffitt." 09600121.doc 129  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Representative Rose."

"The Clerk will mark that. No one seeking recognition, the Gentleman has moved House Bill 5590. All in favor vote 'yes'; opposed vote 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Pritchard, Osterman, Colvin, do you wish to be recoded? Mr. Clerk… Mr. Clerk, take the record. 96 voting 'yes', 8 voting 'no', 0 voting 'present', House Bill 5590, having received the Constitutional Majority, is declared passed. Representative Gordon, House Bill 5677. Read the Bill."

"Representative Gordon." Gordon, C.: "Thank you, Mr. Speaker. Ladies and Gentlemen, House Bill 5677 deals with real estate transactions. This is a continuation of some changes that were made to the Title Insurance Act last year regarding what constitutes 09600121.doc 130  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 good funds, and the definition of 'single party' for the purposes of the statute. This is going to continue to be changed in the Senate and will eventually end up being a completely agreed Bill, for purposes of this Session. I would ask for an 'aye' vote."

"The Lady's moved passage of House Bill 5677. Representative Thapedi."

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

"Indicates she will."

"Representative, I notice here that the Illinois Association of Realtors as well as the Illinois Credit Union League are in opposition to this Bill. Does that opposition still remain?" Gordon, C.: "The… everybody's neutral now, Representative."

"What was the genesis of their initial opposition?" Gordon, C.: "Just at the… because of the… when they started out to… to change the definition of 'single party', it… they didn't like the way that it was written and that's why it's going to… you know… but the negotiations were on going. As it stands right now, as I said, they're neutral and we're going to continue to change it in the Senate until everybody's happy with the final product."

"So, is your intention to pass it out of this chamber, send it over to the Senate, and for it to come back here…" Gordon, C.: "Yes."

"…for concurrence after you make that…" Gordon, C.: "Yes. Yes. And there will be some changes with the… with the good funds as well, but it… until everybody's happy with it, it's not going to move completely." 09600121.doc 131  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Thank you for the clarification, Representative."

"Representative Rose."

"Representative Bellock is excused. The Lady has moved passage of House Bill 5677. All 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? Mr. Clerk, take the record. 89 voting 'yes', 14 voting 'no', 0 voting 'present', House Bill 5677 is declared passed. Representative Gordon, Jehan Gordon, 5894. Read the Bill."

"Representative Gordon." Gordon, J.: "Thank you, Mr. Speaker. House Bill 5894, that's before us this afternoon, is intended to clean up the Probate Act. Currently, these exemptions are extended to where the domestic abuse project seeks the appointment of a guardian ad litem. Currently in order to be exempt, Human Services must be operating under a particular sub-section of the Abuse of Adults With Disabilities Act. While under that section, the domestic abuse project may act on complaints of abuse by petitioning for a guardian under the Probate Act… under the Probate Act for three different instances. One, being directly seeking a permanent guardian on its own initiative. Two, when a guardian is alleged to be the source of the abuse and there's a need to seek a substitute guardian, or when the guardian tries to withdraw the respondent from the Human Service programs. Well, 09600121.doc 132  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 right now, as the statue stands, Human Services is only exempted when the guardian is alleged to be source of the abuse and there is a need to seek a substitute guardian. This piece of leg…"

"Lady has moved passage of House Bill 5894. Seeing no questions, 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, Representative Turner. Mr. Clerk, take the record. 103 voting 'yes', 0 voting 'no', 0 voting 'present', and House Bill 5894, having received the Constitutional Majority, is hereby declared passed. Representative Mulligan on House Bill 4924. Representative Mulligan. Read the Bill."

"Third Reading. Read the Bill… read the Bill a third time."

"Representative Mulligan."

"The Lady has moved passage of House Bill 4924. Representative Fritchey you had a question?"

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

"Indicates…"

"…I appreciate your candor, but based on your previous statement that it was going to be held to work on, are the numerous opponents to the Bill okay with you moving it over and working on the other side, or are they remaining opposed?"

"Okay. And I'm not trying to take you to task."

"Okay."

"I guess, the only thing that I would point out it and you know… you've never been one to take this lightly as… you know, when we've made a commitment either in 09600121.doc 134  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 committee or to interested parties that a Bill is going to be held, and then try to move it out on the last day…"

"…it really, you know, it could call those commitments into questions sometimes."

"No, I appreciate the merit of what you're trying to do and can, but I don't have the energy to get into the procedural aspects of it right now. I just want to make sure that we're…"

"…all clear on the record. Thank you."

"Representative Gordon, seeking recognition? Representative Mulligan to close."

"The Lady has moved passage of House Bill 4924. 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. 76 voting 'yes', 27 voting 'no', 1 voting 'present', House Bill 4924, having received the Constitutional Majority, is declared passed. Representative Jakobsson, House Bill 4936. Out of the record. Representative Nekritz, House Bill 6088 is on Second Reading. Out of the record. Representative Osterman, House Bill 5849. Out of the record. Out of the record. Representative Riley, House Bill… House Bill 4220. Read the Bill."

"Representative Riley on Floor Amendment #3."

"Thank you, Mr. Speaker and Members of the House. Can I… Mr. Speaker?"

"Representative Riley."

"Can I get a little order in the House. This is a very important Bill."

"Representative Riley requests order on Floor Amendment #3."

"Thank you. Floor… Floor Amendment #3 is a page and line Amendment to Amendment #2, that I brought the other day, and it made some changes…" 09600121.doc 136  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Gentleman moves adoption of Floor Amendment #3."

"Thank you."

"All in favor say 'yes'; opposed 'no'. The 'yeses' have it and the Amendment is adopted. Further Amendments?"

"Third Reading. Read the Bill."

"Representative Riley."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I've been working on this Bill for quite some time now, and I appreciate the help that I've gotten on it. Floor Amendment #3 essentially took care of some problems that some people had the last time I presented the Bill. Essentially what we're doing now is extending the time that a putative father has to register with DCFS to 40 days. And essentially we changed some language and you know, I'm sorry that it was confusing, but essentially it had to do with the provision of the putative father in terms of him bringing a claim. Before it had originally been put, I… I think in Floor Amendment #2, gave people the idea that there could be some interruption to finalize adoptions and you know, of course, that was not the case. We made those changes with Floor Amendment #3. But essentially what this Bill is all about is just giving a person, who wants to participate…"

"Pritchard and then we'll go to Rose, yep." 09600121.doc 137  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"…in his child's life, an opportunity to prove his fitness. That's essentially all that the Bill does. And I'll answer any questions you may have."

"The Gentleman from Vermilion, Representative Black."

"He indicates he will."

"No it did not, Representative."

"Essentially, it addressed some issues that Members of the House had."

Speaker Mautino: "Further discussion? The Gentleman from Tazewell, Representative Sommer."

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

"Thank you, Mr. Speaker. This is a… this is a very difficult Bill, very difficult issue, and I just want to say that I appreciate all the comments that have made… been made over the last year or so, as I have been working on this Bill. I have all of the respect for all of the speakers, even people in this Body who were not for this piece of legislation. But one of the things I want to say 09600121.doc 139  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 that, over time this Bill has been characterized as doing things that it really doesn't do, at least in my opinion and the opinion of proponents of the Bill. One of the things that… that we're leaving out is the fact that this Bill is very narrowly tailored and one of the parts that was added to this Bill was… and we know, just like Representative Black says, there's myriad reasons why people do not get on the registry. And if those people did not get on the registry because of their own fault or their laziness or nonconcern, that's one issue, but this Bill deals with… by clear and convincing evidence that a fraud has been perpetrated upon the court. That's it. That was the reason why… especially my constituent, wanted to be involved in his… in his child's life, basically proposed this piece of legislation. So, it's… very narrowly tailors the class of people who will be eligible for this. And one thing that it doesn't do, doesn't upset the applecart in terms of adoption. The child is not granted to that person. Just has an opportunity, with all due respect, Mr. Speaker, we spend a lot of time on Bills that I would view as being much less important than this one, with all due respect. And so all this Bill attempts to do is allow a person to prove his fitness. That's it. Doesn't get anything. Prove his fitness. I'd just like to end by saying that I can understand, especially knowing a lot of people who have adopted children, what they go through, through the adoption process, but the tears that they shed are no less important than the tears of a man who wants to be involved in his child life, but can't. So, thank you 09600121.doc 140  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 very much for your consideration. The whistle's notwithstanding, this is a very serious Bill. And I request an 'aye' vote. Thank you."

"The Gentleman has moved passage of House Bill 4220. 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 Burke, Gordon. Mr. Clerk… Mr. Clerk, take the record. Representative Riley. On a vote of 56 voting 'yes', 47 voting 'no', 0 voting 'present', House Bill 4220 is declared lost. The Gentleman from Champaign, Representative Rose is seeking recognizing."

"State you point."

Speaker Mautino: "Welcome to the House of Representatives. Representative Rose, on the Calendar is House Bill 5124. Read the Bill."

"The Gentleman from Champaign."

"The Gentleman has moved passage of House Bill 5124. 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 Cole. Mr. Clerk, take the record. 103 voting 'yes', 0 voting 'no', 0 voting 'present'. Mr. Clerk, House Bill 5494. Representative Washington. Excuse me. House Bill 5124, Representative Rose, is declared passed. Representative Washington on Second Reading is House Bill 5494. Read the Bill." 09600121.doc 142  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Third Reading. Read the Bill for a third time."

"Representative Washington."

"Thank you, Mr. Speaker and Members of this Body. I want all of you to give me the same type of vote that you just gave that other Bill. This Bill, House Bill 5494, is a Bill to… I hear the whistles. It's a Bill that would help the Illinois State Police and God knows they need all the help they can get right now. What this says is that if you get a ticket, a fine of some sort, and they have to pull their officers out of rank in order to appear in court and if you don't show up that you're assessed a $75 fine and that fine would cover some of the costs that we lose in the state when an officer has to be pulled out of service and appear in court. And I'm asking for an 'aye' vote. And I can answer any questions. Thank you."

Speaker Mautino: "The Gentleman from Jasper, Representative Reis."

"Indicates he will."

"Yes, Sir."

"The Illinois State Police would get the lion share of the fine…" 09600121.doc 143  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"The court system will be collecting the fine, who normally collect fine, Representative."

"Yes, Sir."

"Further discussion? Representative Franks."

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

"He indicates he will." 09600121.doc 144  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Representative, my question is on this additional $75 penalty, who would obtain those funds? Would it be the State Police who would get that money?"

"Yes, Sir. As I was trying to say earlier, the lion's share of the $75 fee would go to the Illinois State Police for pulling out their officers out of service in order to appear in a court situation where a defendant may not show up for one reason or the other."

"What happens, though, if it's not the State Police that had to actually issue the warrant and bring the person in? What happens if it's the local sheriff? Does the local sheriff get the money then or would it still go to the State Police?"

"Well, you know, Representative, I wouldn't have the slightest clue. I can ask somebody, but this Bill was an initiative for me to help our guys who, as you know, are facing a serious cutback in a loss of revenue."

"I understand and my question is though…"

"But my answer to you is whatever agency is issuing a ticket… that makes the arrest, issuing a ticket, bringing a person in."

"So, it'd be the agency, but what about the law enforcement? Here's my point. Let's assume there's a warrant out for someone's arrest, like a body attachment order that may be issued pursuant to a civil order by a judge. And because the… the defendant does not show in court, the sheriff would have to go out and put a levy on that body attachment and bring the person in. That person would post, let's say, a $100 bond and then the sheriff's 09600121.doc 145  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 office would get $30 of that bond. That's how it works now. What I'm wondering, though, is if you're changing how this works and instead of the arresting agency getting the money, it would be the one actually issuing the original citation which I think is a big change from how we do things here in this state."

"Once again, Representative, the Bill provides that the arresting agency receive the funds."

"Let the Gentleman answer the question and grant one more minute to Mr. Franks."

"I appreciate that answer and I appreciate what you're trying to do, but I would hope that we could change this Bill, Mr. Washington, because the agency that is expending the… or the entity that's expending the resources to have to bring someone in for not showing up to a court date is the arresting agency. And I could see where they could get a reimbursement for this but to simply give the agency that it wrote the initial potential violation or the citation would not bring additional moneys into the areas which actually have been expended. So, if you have a sheriff who has to take his folks off the street and instead have to go issue this type of warrant, I think the sheriff's office ought to be the one who gets reimbursed not the issuing agency of the citation. So, I understand what you're trying to do, but I think this ought to be tightened up."

"Representative Boland."

"Thank you, Mr. Speaker. I think that the previous speaker made some good points, but what I would say is that we all know we're in a great fiscal crisis. We're seeing 09600121.doc 146  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 hundreds of state troopers that may have to be laid off. This is really the direction we ought to go. We ought to be… in fact, the only problem I would say with Representative Washington's Bill is that I think it should be stiffer. I think the full cost of taking someone's time… a trooper's time to go and appear before court. That full cost should be bared by the offender and so I would rise in strong support. Hopefully, when this goes over to the Senate, they can address some of the previous speaker's remarks, which I think are well-taken, but in the meantime, I would like to see us move ahead with this. And I would ask Representative Washington if he could put me on as a cosponsor. We've got to get the money somewhere and we ought to start looking at ways to put some of these lawbreakers and others who do various things that cost our… our society money to make them pay more of the burden or at least the full burden of what they're costing the rest of us as taxpayers. Thank you. And I'd urge an 'aye' vote."

"Representative Reboletti."

"Thank you… thank you, Reboletti. But you know what, Mr. Speaker, I've just been informed that the Bill has some flaw that I wasn't aware of. The Bill was supposed to be… to recoup some of because you can't recoup all of the loss that they would have in terms of the officer being pulled out. So, I would like to pull the Bill out of record. I… I've just found out and been notified that the Bill has some things that I need to work on and I will. And I'll get back with you."

"Representative Washington requests the Bill be taken from the record. That will be granted. Representative Yarbrough, House Bill 5523. Read the Bill."

"Representative Yarbrough."

"Thank you, Mr. Speaker, Members of the House. House Bill 5523 does the following: it protects victims of domestic violence and sexual violence by providing them with affirmative defense to an eviction if it's solely based upon the victim's status or solely on incidence of violence. The victim must prove… must provide proof of the violence from a qualified third party who has served as defense. It also allows the landlords to pursue an eviction against the abuser if he or she is a household member without evicting the victims. I've worked very hard on this Bill and actually the Amendment #2 is… is an 09600121.doc 148  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 Amendment that's agreed upon by the Illinois Association of Realtors, the Chicago Housing Authority, and the Chicago Apartment Association. I'd be happy to answer any questions."

Speaker Mautino: "Representative Yarbrough moves passage of House Bill 5523. No one's seeking recognition, the question is, 'Shall this Bill pass?' All in favor say… all in favor vote 'aye'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Froehlich, Saviano, do you wish to be recorded? Mr. Clerk, take the record. 103 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 5523, having received the Constitutional Majority, is declared passed. Representative Yarbrough, you also have House Bill 6317. Read the Bill."

"Representative Yarbrough."

"House Bill 6317, as amended, is a gut and replace Amendment. It's a Bill that was brought to me by the Department of Natural Resources. It allows the department to assess a fee for the reinstatement of revoked licenses. Currently, there's no reinstatement fee. I'd be happy to answer any questions."

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

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

"She will." 09600121.doc 149  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Representative, this allows them to impose a fee of up to a thousand dollars?"

"No. If you'll look in your analysis you'll see that the… the types of suspensions and subsequent suspensions. I think it goes up to $500 rather than a thousand dollars."

"Okay. I mean, you're right. The chart shows 500, the analysis shows a thousand."

"I know. That's incorrect. The thousand dollars is incorrect."

"So, it's up to a $500 fee."

"Yes."

"I mean, so, is it possible that a fif… you know, trying to reinstate a $50 license can cost you $500?"

"No. First suspension would be $50. In some of these instances, like delinquent child support, the first suspension would be $50. The subsequent suspension would be $100. If you get down to… like a OUI with a watercraft or a snowmobile, the first offense would be 250 and the subsequent would be $500."

"And what… what's the purpose of the fee in this… in this situation?"

"They want to… 85 percent of the money's going to be used for the purchase of law enforcement vehicles for the department. The other 15 percent will be used for promotion of safety and safety education."

"So, this is basically a way to help them fill budget shortfalls."

"Yes. That's correct." 09600121.doc 150  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"All right. Thank you."

"The Lady moves passage of House Bill 6317. No one seeking recognition, all in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 74… 73 voting 'yes', 30 voting 'no', 0 voting 'present', House Bill 6317 is declared passed. Representative Reitz."

"Thank… a point of personal privilege."

"State your point."

"Thank you, Mr. Speaker. I would just like to remind everyone that we have the Legislative Sportsmen's Caucus when we come back on April 14 and anyone wanting to make a donation, either contact Representative Beaubien or myself with auction items. All of the proceeds go to the Illinois Conservation Foundation to support youth and handicap hunting and fishing events. If you would just like to make a cash or campaign donation, we'll use that to buy gifts for the silent auction. So, don’t forget April 14. Thank you."

"House Bill 6035 appears on the Calendar. Representative Bradley, do you wish to move this Bill? Read the Bill."

"Representative Bradley."

"This is an initiative of the Fraternal Order of Police. It would eliminate quotas. Ask for an 'aye' vote." 09600121.doc 151  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"The Gentleman has moved passage of House Bill 6035. And on that question, the Gentleman from Cook, Representative Osterman."

"Thank you. Will the Sponsor yield?"

"He indicates that he will."

"Just a quick question in all sincerity. And that is that the city has brought up some concerns about some provisions of the Bill. You and the State FOP, they're advocating this Bill or willing to work in the Senate…"

"Yes."

"…to address those concerns."

"Yeah. It's actually with regards to paragraph two, which has to do with the meritorious conduct issue and I think that's where most of the issue is. And the FOP has agreed to work that out, or attempt to work that out in the Senate."

"I appreciate that. Thank you."

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

"State your inquiry, Sir."

"I will speak with our parliamentarian."

"Is it okay if we continue the debate, there are a number of people asking, while we wait for that? Representative Froehlich."

"Yes. Would the Sponsor yield… a question?"

"Indicates he will."

"Representative Bradley, are the Illinois Chiefs of Police Association still opposed to your Bill?"

"I assume. I don't know. I… we don't agree on this issue."

"Have you cited any specific examples of abuse to justify dictating performance standards to police departments across the state?"

"I guess I don't understand your question."

"Well, you're proposing a change in a policy about how officers are… or performance is evaluated and I'm 09600121.doc 153  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 wondering what… what evidence you have that there's some kind of problem that needs to be fixed."

"I saw the evidence that a problem needs to be fixed when we had all those people show up to your committee and say that there aren't any quotas, but please, please don't get rid of no quotas… don't get rid of quotas. We're not doing them, but for goodness sakes don't get rid of them. That's a problem."

"And the difference between a performance standard and a quota is exactly what, Representative?"

"I don't know. That's part of the problem, too."

"And… but… and your Bill doesn't… does not define it, does it?"

"There's… there's two paragraphs in the Bill. One says point-blank, no quotas. You can't go out and tell somebody they got to get a number of tickets. I can't imagine how anyone would oppose that. The second paragraph says you can't use ticket writing as a basis for promotion, et cetera. And the problem is is that that creates a situation where you're looking for a number, where you're getting a promotion because you write more tickets, where you're getting a raise because you write more tickets. And I believe that the Constitution affords everyone the opportunity and the right to have their specific situation evaluated objectively and not based upon a criteria that's a number."

"So, if somebody… some officer makes twice as many arrests or twice as many calls he can…" 09600121.doc 154  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Grant the Gentleman an additional minute to finish his question."

"Why would you not prohibit police departments from evaluating based on the number of arrests that an officer makes…"

"That's paragraph…"

"…or the number of calls that they respond to?"

"I think that each case, each officer should be evaluated upon their own merits. And I think each situation should be evaluated upon its own merits. And I think whenever you have a number, you're encouraging people to write tickets for the sake of writing tickets. That makes me uncomfortable and I think it leads to bad things. What's about the situation where you have a cop that has a reputation for really enforcing an area toughly and so as a result of that people quit speeding. Now that officer doesn't write as many tickets and they're going to get penalized because someone else is writing more tickets than they are. They're not going to get the promotion. They're not going to get the raise. That makes me uncomfortable. Whenever you're… you're in a situation where you say, hey, we're going to evaluate you based upon how you perform in comparison to the people you work with and whoever writes more gets more benefit, that bothers me."

Speaker Mautino: "The Gentleman's time has expired. The Gentleman from Cook, Representative Fritchey."

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

"No."

"Do… do you even get that choice?" 09600121.doc 155  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Yes."

"John, all… all kidding aside, I'm… I'm…"

"I haven't been kidding."

"I'm kind of split on this thing…"

"Yeah."

"…and let me tell you why conceptually. Like me, you're an attorney. Many attorneys in law firms their partnership track, their compensation, is based upon their performance output. How much they bill. How much they bring in. Likewise, if somebody is a salesman, their performance and their job promotions, et cetera, are based on them executing their duties. Is it identical, no, but it is analogous. So, when you talk…"

"I… I don't…"

"…when you talk… when you talk about not knowing any situation where, you know, you're work output is based on a number, that's really not true. It's actually very common that it's based on a number."

"But not when you're putting people in jail. Not when you're putting people in prison. And I made the comment, and I'm glad you brought this up, I made the comment in committee. We're not selling microwave ovens here. We're putting people in jail. We're writing people tickets."

"But now there… it would be a difference if you're putting people in jail that don't belong there, if you're writing tickets for people that didn't commit offenses, but to… and that's a situation where that officer would be reprimanded appropriately. But to say that we have an anticipation that as part of your job duties you are going 09600121.doc 156  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 to be enforcing the laws of this municipality and whatever it may be and we're going to be able to measure that quantifiably. That's a different issue than an officer that's writing specious tickets."

"And that's the issue that the FOP has said that they're willing to work on in the Senate, with regards to paragraph two, to try to get to the situations where that law enforcement can properly evaluate personnel, but to avoid the situation where they're being evaluated or where they're being encouraged to write tickets to make a number. That is a tricky subject. That is a tricky issue. We acknowledge that and that's why the statement by Representative Osterman was made earlier with regards to negotiations to take place continuing in the Senate."

"Is there any indication that there's a comm… that there is…"

"Grant the Gentleman an extra minute to finish his question."

"Is… is there anything… is there any reason to believe that there's a common ground or a willingness on both sides to find a solution here?"

"I… I'm an optimist."

"You haven't been here long enough."

"What?"

"All right. Thank you."

"Representative Black, you made an inquiry of the Chair. At this time, I would ask the Parliamentarian, for the House, David Ellis to join me at the mic here."

"So, the Bill will require 60 votes. Further discussion? Representative Mathias."

"Indicates that he will."

"Can you repeat the question?"

"There's all different ways to evaluate police officers, I'm told by the Fraternal Order of Police. Many of which do not include forcing them to write a certain number of tickets."

"Maybe… I don't know. Maybe you weren't in the chamber earlier when Representative Osterman made his 09600121.doc 159  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 statement, but that's actually the provision that they're willing to talk about further in the Senate."

"Well, if we had more time…"

"…if… if we had more time. It's Third Reading Bill day. Right? So, we have… you and I have a fundamental disagreement on this issue."

"I think you can evaluate without a number. You think you need a number to evaluate. But they're open to further discussions as this Bill proceeds, if it gets out of here today and I think that's a reasonable position to be."

"There's been a request for a verification that's acknowledged by the Chair and it will be granted. Representative Reboletti, further questions."

"He indicates that he will."

"What… you talking about paragraph two, again?"

"Okay. What about it?"

"It says that you can't use a quota in an evaluation, doesn't it?"

"It says you can't use a number, doesn't it?"

"Then vote for this Bill…"

"Yes, it does."

"Paragraph one says that."

"And… and so you heard what the FOP said about paragraph two. They're willing to discuss it." 09600121.doc 161  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Well, because it's 2:00 on the last day of Session. This is Third Bill Reading. I've indicated they would further discuss it. You guys are opposed to this Bill. You've been opposed to it since day one. You're going to continue to be opposed to it. I'm trying to work through it with you. We have a fundamental disagreement about this. Okay. They made a gesture to say they'd work with you in the Senate on paragraph two. Paragraph one, nobody has a problem with, says get rid of quotas, right?"

"Grant the Gentleman an additional minute."

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

"Representative Dunkin."

"Will the Sponsor yield?"

"Indicates he will." 09600121.doc 162  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Representative, does IDOT have any… any connection or grants tied into the number of tickets that various municipalities run?"

"No. This is counties and municipalities."

"Right. But are you aware that…"

"I… I don't know the answer to that question."

"I understand that there's some grants that IDOT allocates to various municipalities…"

"I don't… I don't think that… I don't think that would apply."

"…are tied into certain performance or ticket writes."

"It's the first I've heard of that."

"Thank you."

"Representative Fortner."

"Turn the Gentleman's mic back on."

"Representative Bradley to close."

"Well, I'm glad that most of the Members of the committee that did not support this in committee felt obliged to speak again today. So, anyway, what I said was the case. I think we have a decision here to make today whether or not we think quotas is appropriate in the State of Illinois or whether we're going to stand and say, no, you need to quit using quotas. And again, I come back to the notion that everyone says they don't do quotas, but yet why are they so… fighting so hard to keep us from eliminating them."

"There has been a request for a verification on the Bill by Representative Mathias. That will be acknowledged and honored. The Gentleman has moved passage of House Bill 6035. 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 Ford, do you wish to be recorded? Mr. Clerk, take the record. Representative Bradley."

"Consider… Postpone Consideration, please."

Speaker Mautino: "The Gentleman requests Postpone Consideration. Representative Mathias, do you persist in the request for the verification, as it's a lost or a 09600121.doc 164  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 Postponed Consideration? Okay. Sorry. Representative Lang."

"Thank you, Mr. Speaker. Let the record reflect that Representative Ford is excused to the remainder of the day."

Speaker Mautino: "Representative Black, you're seeking recognition."

"Representative Moffitt."

Speaker Mautino: "Welcome to the House of Representatives. Representative Lyons, House Bill 6113 appears on page 17 of the Calendar. Mr. Clerk, read the Bill."

"Representative Lyons."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 6113 creates the Foreclosed Home Receiver Licensing Act. This… this Bill is in response to, 09600121.doc 165  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 of course, the scourge that is across our country with foreclosed homes, people losing their homes. And what this is, is basically an initiative of our former colleague, now sheriff of Cook County, Tom Dart, trying to create a process to protect those individuals who have personal property, furniture, clothes, jewelry, whatever it may be in the house and this… is an attempt to address their right to be able to get their personal property when the house has been foreclosed. So, we had this in committee and we promised to work on this to try to get this thing solved. We did put an Amendment on it which satisfied the Il… the Department of Professional and Financial Regulation, but there's still opposition by the community bankers, the credit unions. Joan Parker called me from the Chicago Association of Apartment Owners. So, there is still work to be done. The IBA, of course, does oppose this 'cause it's… in a large part a lot of larger banks have created some of this issues and actually are… are the… are the end of having some of the lawsuits brought from those who have lost their property. So, I ask you to indulge me with allowing this thing to go to the Senate. It will certainly come back here with continued work done on it, with Amendments that will be done in the Senate. We'll bring it back here sometime later this Session under Concurrence. So, I ask for your support. And will be happy to answer any questions."

"The Gentleman moves passage of House Bill 6113. No one seeking recognition, all in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who 09600121.doc 166  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 wish? Have all voted who wish? Have all voted who wish? Representative Beaubien, DeLuca. Mr. Clerk, take the record. 61 voting 'yes', 41 voting 'no', 0 voting 'present', House Bill 6113 is declared passed. Representative Washington, House Bill 5494. If you can hold for just a second, Mr. Washington. Representative Monique Davis is seeking recognition." Davis, M.: "Thank you, Mr. Chairman. I'd li… I rise in… to a point of personal privilege."

"State your point." Davis, M.: "Representative Bob Rita and I would like to welcome Kerr School from Blue Island. We welcome you to Springfield."

Speaker Mautino: "Welcome to the House of Representatives. Representative Washington, you have House Bill 5494. Read the Bill."

"Representative Washington."

"And Representative Mautino, thank you, Sir. Folks, I won't burden you without, just briefly go over it. I kind have got some clarity on what I needed. Same Bill, brought to me by the Illinois State Police to try to recoup some of the things when officers are pulled out of service. They come to court for something and the person is not there. Sometimes the… reasons are legitimate, sometimes they're not, but it's a cost saving measure. And I ask for an 'aye' vote." 09600121.doc 167  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"The Gentleman moves passage of House Bill 5494. And on that question, Representative Black."

"He indicates that he will."

"The answer to the second part is yes, but Representative, I wouldn't ask you to move a flawed Bill. That's like selling you a wooden nickel. But no, I had some clarity that I… I had some clarity that I needed for my personal self. That's more accurate."

"You did, but that was a bad choice of words. It was my misunderstanding of some things that I heard, yes, Sir."

"All right, Sir. Thank you, Sir."

"The Gentleman's moved passage of House Bill 5494. All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted 09600121.doc 168  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 who wish? Have all voted who wish? Mr. Hoffman, Mr. Osterman. Mr. Clerk, take the record. 75 voting 'yes', 26… excuse me, 76 voting 'yes', 26 voting 'no', 0 voting 'present'. House Bill 5494, having received the Constitutional Majority, is hereby declared passed. Representative Lyons in the Chair."

"Representative Cynthia Soto, you have House Bill 4755 on the Order of Third Readings on page 13. Read the Bill, Mr. Clerk."

"Representative Soto."

"Thank you, Speaker and Members of the House. House Bill 4755 amends the Education for Homeless Children Act. Requires that the State Board of Education to award compe… competitive grants under the Education of Homeless Children and Youth, the state grant program to applicants whose districts… to support school districts throughout the state in facilitate… facilitating the enrollment of attendance success in homeless children and youth. It provides that the grant map must be awarded on the basis of need of the school districts for it's assistance to the quality of applicants submitted. I urge an 'aye' vote. And I'm open for questions."

"You heard the Lady's explanation of House Bill 4755. Is there any discussion? The Chair recognizes the Gentleman from Morgan, Representative Jim Watson."

"Sponsor yields." 09600121.doc 169  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"It is subject to appropriation."

"Yes, it is. Yes"

Speaker Lyons: "The Gentleman from Ver… Vermilion, Representative Bill Black."

"Representative Soto to close." 09600121.doc 170  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"I… I'm going to respond to Representative Black. Representative Black, that was an Amendment that they gave me, but I just want to mention that I did challenge that Amendment because I thought that it was unfair because they're… they already have these funds. They've had them in the past, but they wanted the Bill and if you would have seen that they were opposed to it in the Bill, you would've questioned me then. Thank you."

"Seeing no further discussion, the question is, 'Should House Bill 4755 pass?' All those in favor signify by saying 'yes'; those opposed say 'no'… 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? Bassi, Biggins, Frank Mautino. Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative David Reis, you have House Bill 6158 on the Order of Third Reading. David, House Bill 6158. Out of the record. Representative Jim Sacia, you have, on the Order of Third Reading, House Bill 4812. Out of the record. Representative Saviano, you have House Bill 5868. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Skip Saviano."

"Is there any discussion? Chair recognizes Gentleman from Lake, Representative Eddie Washington. Ed Washington, your light is on. Do you wish to speak to the Bill? Eddie, do you wish to speak to the Bill? Your light is on. No. Seeing no further discussion, the question is, 'Should House Bill 5868 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? Suzie Bassi. Mr. Clerk, take the record. On this Bill, there are 75… 79 Members voting 'yes', 23 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Thapedi, you have, on the Order of Third Readings on page 15 of the Calendar, House Bill 5409. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker. House Bill 5409 is a collaborative effort by the Department of Financial and Professional Regulation, the title insurance industry, the realtors, as well as, the lending industry to resolve issues and problems with closings. And I urge an 'aye' vote."

"Is there any discussion? Chair recognizes the Gentle… Gentleman from McHenry, Representative Jack Franks."

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

"Sponsor yields."

"Can you tell us what the Bill does?"

"Yes, Mr. Franks. Essentially, the purpose of this legislation is to protect Illinois consumers from losing funds and interest in real property due to problematic actions by title agents who are registered to do business in the State of Illinois. As you know, oftentimes when we have a… the sale of property, title insurance is an important matter but it's very rarely questioned as part of the mortgage process. And as you know, in a home… in a home purchase in Illinois, the seller will pay for an owner's policy that protects the buyer's interest in the property up until the point of the sale and then the buyer will then in… as well pay for a pro… a policy that protects the lender. So, essentially, what we're doing here is that we're making sure that we don't run into any more problems at closings where there's an adequate insurance." 09600121.doc 173  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"And I understand the intent. I think that’s… I think you're right on track here."

"Yes."

"My question is, if one… can one simultaneously be a… a writer of title insurance as well as also the escrow agent?"

"Yes."

"Okay."

"And… and that's what we are correcting here. And as… as a lawyer, just like I am, you know, that sometimes we run into those problems and there's always that gap sometimes with the title insurance company and the actual agent whose actually ordering the title and writing the title as to whether or not there's coverage at all. And this particular piece of legislation addresses that issue."

"So, this would pre… pretty much provide indemnity then for an escrow agent."

"It… it does… it does. And… and essentially, what it does is it makes sure that the escrow agent is brought under the auspices of the title insurance company and the insurer, et al."

"Well, thank you. I hadn't seen this before and I wanted to find out what you're trying to do and your right on track. So, thank you for bringing this important piece of legislation."

"No, no. It was very comprehensive, Mr. Franks. I think that we've been working on this for probably about six months and as I said at the beginning all of the 09600121.doc 174  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 stakeholders were involved. We went through numerous different…"

"Go ahead, Representative. Finish your good thoughts."

"We went through numerous drafts to try to get the language right and that's what brings us here today with an agreed Bill."

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

"Will the Sponsor yield?"

"Sponsor yields."

"So, Representative, does this apply where the escrow agent and the title company are different companies?"

"When they're different people."

"When they're different people. But even it could be because I mean, and many times the… the escrow agent is… is with the title company."

"Ex… exactly. And I think that that's… that was the challenge that we know that sometimes, say, for an example, and I… and I probably shouldn't use a name, but it's probably better to use a name to put into it's proper perspective, Chicago Title Insurance Company."

"Right. Just the one I was thinking of."

"And there you go. And… and there may be another title insurance company that does business with Chicago Title, so it's unclear as to who is actually insuring the title."

"Okay. Okay."

"And that's what we're clearing up." 09600121.doc 175  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"All right. Thank you."

"Seeing no further discussion, the question is, 'Should House Bill 5409 pass?' All those in favor… favor signify by voting 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Fortner. Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Zalewski, you have House Bill 6416 on the Order of Third Readings on page 18 of the Calendar. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Mike Zalewski."

"Thank you, Mr. Speaker. House Bill 6416 is an initiative of the Department of Natural Resources. It is simply a technical Bill that is a rewrite of the Explosives Act. Frankly, it regulates some of the licensures, some of the classification, and some of the definitional standards within the Explosives Act. I ask for an 'aye' vote."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 6416 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… Mr. Clerk, take the record. On this Bill, there's 84 Members voting 'yes', 18 voting 'no'. This Bill, having 09600121.doc 176  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 received the Constitutional Majority, is hereby declared passed. Representative Ron Wait, you have, on the Order of Third Readings, on page 16 of the Calendar, House Bill 5675. Representative Wait. Ron, 5675. Do you care to call the Bill?"

"Mr… Representative Wait, I believe we have an Amendment on that Bill. Let's move that back to Second Reading. Mr. Clerk, read that… move that Bill back to the Order of Second Reading. And what's the status of the Bill?"

"So, Representative, you have Floor Amendment #1."

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

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

"The Gentleman from Boone, Representative Ron Wait."

"Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Al Riley."

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

"Sponsor yields."

"Representative, could you sort of explain, 'cause I've got a lot of calls about this Bill. Some of the… the opposition to this Bill, does it have to do with them thinking that the Bill takes away from their ability to patrol or the element of surprise? Could you just sort… sort of explain that to me."

"Thank you." 09600121.doc 178  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Seeing no further discussion, the question is, 'Should House Bill 5630… 5675 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 Carberry, Fortner, Joyce, Biggins. Mr. Clerk, take the record. On this Bill, there are 80 Members voting 'yes', 19 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lang."

"Thank you, Mr. Speaker. I rise to announce that Representatives Carberry and Joyce should be excused for the remainder of the day and should also… that should also apply to the vote we just took."

"The Clerk will so note. Representative Lang, thank you. Representative Rose, for what purpose do you seek recognition?"

Speaker Lyons: "The Clerk will so note. Thank you, Representative Rose. Representative Walker, you have House Bill 4959. What's the status of that Bill, Mr. Clerk?"

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

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

"Thank you. House Bill 4959 is virtually the same Bill that passed out of this House and the Senate last year. It creates a foreign trade zone in a 30-mile radius around O'Hare. It is meant to create the environment for businesses to be attracted to the area and for the businesses to create jobs."

"You heard the Gentleman's explanation. Is there any discussion? Representative Jackson, you have your light on. Do you wish to be recognized? Representative Jackson."

"Yes, Mr. Chairman. On Senate… on House Bill 5675 I had a 'no'. Please change me to 'yes'."

Speaker Lyons: "The Journal will reflect your wishes, Representative. Seeing no further recognition on House Bill 4959, the question is, 'Shall the House Bill pass?' All those in favor signify by voting 'yes'; those opposed say 'no'… all 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? Mr. Clerk, take the record. On this Bill, there are 97 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Connie Howard, on the Order of Third Reading on page 18 of the Calendar, you have House Bill 6460. Read the Bill, Mr. Clerk."

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

"Yes. Thank you very much, Mr. Speaker. I'm presenting today, House Bill 6460. It will reduce the waiting period required to expunge a case resulting in court supervision for the offense of retail theft. As you know currently, that waiting period is five years from the end of the court supervision period. Under this legislation that waiting period would be reduced to two years and would bring parity because other similar offenses are two years. I'll take questions."

"You've heard the Lady's explanation. Is there any discussions? Seeing none, the question is, 'Should House Bill 6460 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… Mr. Clerk, take the record. On this Bill, there are 59 voting 'yes', 37 voting 'no'. Representative Howard."

"Yeah. I want to do it again."

Speaker Lyons: "Do you wish to put that on Postponed Consideration, Representative?"

"Yes."

Speaker Lyons: "Mr. Clerk, put that Bill on the Order of Postponed Consideration. Representative Dave Winters, you have House Bill 5603. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Chair recognizes the Gentleman from Winnebago, Representative Dave Winters."

"You've heard the Gentleman's explanation on his Bill. Is there any discussion? Seeing none, the question is, 'Should House Bill 5603 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? Hoffman, Farnham. Mr. Clerk, take the record. On this Bill, there are 97 voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Danny Reitz, you have House Bill 5224 on the Order of Third Reading. Read the Bill, Mr. Clerk."

"The Gentleman from Randolph, Representative Dan Reitz."

"Thank you, Mr. Speaker. House Bill 5224 is an attempt to just raise awareness for radon gas with tenants. We are… this is currently a work in progress. We have been negotiating with the Illinois Association of Realtors and the Illinois Rental Property Owners Association. We have 09600121.doc 182  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 taken out all the penalties in this Bill and in its current form, it definitely needs a lot of work. Senator Haine is going to pick this up and we'll continue working with the opponents to try and… and make this a better Bill. And it will be back here on Concurrence, if we're able to reach an agreement."

"Heard the Gentleman's explanation. Are there any questions? Representative Riley."

"Mr. Speaker, I'd just like to let the record show that on House Bill 5675 I'd like to be recorded as an 'aye'."

Speaker Lyons: "The Journal will reflect your request. Representative Tryon."

"Intentions will be reflected in the Journal. Representative Monique Davis." Davis, M.: "I… which… which tenants… which kind of building… what kind of building do you have to provide this information for?"

"The Sponsor yields." Davis, M.: "Thanks."

"Any… it's… it's basically for any rental property. We're trying to provide information, so they know the danger of ra… of radon." Davis, M.: "Well, according to our analysis it says three stories or below." 09600121.doc 183  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"It will… and actually it will probably be two story… the top two stories below a three story." Davis, M.: "So… so…"

"It… that is compatible with what we have for residential and as radon goes up higher it dissipates. So, it's the main reason that why we do it on the lower levels." Davis, M.: "So, if you have a building and it's one story, like a house…"

"Yes." Davis, M.: "…you would have it, or if it's a two story building you'd have it, or if it's a three story building, but above three stories you don't have to provide it."

"No. A… above… they would not notify people that live above three stories. It'd just be the first two stories." Davis, M.: "What is the cost for this test?"

"Well, the cost is… is would just be go to Home Depot or anything like that and get a test to see if you have radon exposure. If you need a professional tester, it's around a $150." Davis, M.: "So, would we use a professional or will you just use our word and our Home Depot device?"

"They would… initially they would just use a device they got at… received at a… at any type of store." Davis, M.: "Does the… does the tenant have to sign that they received this?"

"Yes. And but the intent of this at the end it's just going to be to give them the information for radon, so that they're aware of the exposures and if they want to test 09600121.doc 184  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 then they'll follow that up with the landlord somewhere in the future." Davis, M.: "Thank you. I do support your Bill. And thank you very much."

"Thank you."

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

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

"Sponsor yields."

"The Illinois Association of Realtors, have they changed their position on this?"

"No. They are opposed, but willing… they're working with me. When it gets to the Senate, we're going to continue to work on it. This Bill won't move without their approval."

"Thank you very much."

"Representative Reitz to close."

"Thank you. Appreciate your support."

"The question is, 'Should House Bill 5224 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? Dave Winters. Mr. Clerk, take the record. On this Bill, there are 74 Members voting 'yes', 22 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Danny Reitz, you also have House Bill 5991. Read the Bill, Mr. Clerk." 09600121.doc 185  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Representative Dan Reitz."

"Thank you, Mr. Speaker. House Bill 5991 would… amends the Podiatric Medical Practice Act. This is… would put in basically to a fee splitting language and… and that we talked about earlier this year for podiatrists of… actually, it would be just the… the language that was adopted last year for physicians and optometrists. And I'd be happy to answer any questions."

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

"Sponsor yields."

"That's correct."

"It… it just allows them to share professional fees if… essentially, the Bill that was passed last year that dealt with fee splitting, podiatrists were left out for some reason and they have just… they want the same language that we passed last year that applies to the other medical disciplines." 09600121.doc 186  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"It is someone that performs the act of podiatry."

"Seeing no further discussion, the question is, 'Should House Bill 5991 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 97 Members voting 'yes', 0 voting 'no' and 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Fred Crespo, you have House Bill 6419. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Fred Crespo."

"Thank you, Speaker, Members of the House. House Bill 6419, as amended, is an initiative of school districts 23 and… in Prospect Heights, school district 20 in Hanover Park, and school district 300 in Carpentersville. The Bill allows two or more school districts to form an agency, by intergovernmental agreement, to provide elector… electrical energy for renewable energy sources. Appreciate an 'aye' vote."

"Heard the Gentleman's explanation. Is there any questions? Seeing none, the question is, 'Should House Bill 6419 pass?' All those in favor signify by voting 09600121.doc 187  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 '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. Will Davis. Take the record. On this Bill, there are 96 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page… Representative Phelps has House Bill 5912. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker. House Bill 5912 adds off-road vehicles to the Illinois Equo… Equepment… Equipment Fair Dealership Act. And I ask for its passage. Thanks."

"Heard the Gentleman's explanation of the House Bill. Is there any discussion? Seeing none, the question is, 'Should House Bill 5912 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 97 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mike Tryon, you have House Bill 5214. Read the Bill, Mr. Clerk."

"The Gentleman from McHenry, Representative Mike Tryon."

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

"Sponsor yields." Gordon, C.: "Thank you. Representative Tryon, with the current legislation we have for drug courts and mental health courts is there a reason why those aren't responding to the needs that are… that are out there?"

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

"Sponsor yields."

Speaker Lyons: "Go ahead, Representative. I'll give you another minute to finish this conversation."

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

"Will the Sponsor yield?"

"Sponsor yields."

"This is permissive, right? I mean, this is… every chief circuit can or cannot do this underneath the legislation. It's not a mandate that they have to do it." 09600121.doc 193  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Do you… is your plan… would you li…"

"Is there any age thing. I saw some of the disqualification factors. This goes back for all veterans as far back as they could possibly go or…"

"…or is it… 'cause you keep talking about ones coming back with current problems."

"But this goes back like veterans from 30, 40, 50 years ago, as well."

"All right. Thank you."

"Seeing no further discussion, the question is, 'Should House Bill 5214 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 97 Members voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Ca… Constitutional Majority, is hereby declared passed. Representative Hatcher, for what purpose do you seek recognition?"

"How would you like the Journal to reflect your request, which… which way?" 09600121.doc 194  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"The Journal will so reflect, Representative Hatcher. On the Order of Postponed Consideration, Representative Connie Howard, you have House Bill 6460. We've had a complete debate on that. If you want to do a closing remark, Representative Howard."

"Yes. Thank you very much. I've explained what the Bill will do. And I appreciate all of my colleagues voting for it. Thank you."

"The question is, 'Should House Bill 6460 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, all you fast fingered Representatives, we have 61 Members voting 'yes', 32 Members voting 'no'. This Bill, have received the Constitutional Majority, is hereby declared passed. Representative Jakobsson, for what purpose do you seek recognition?"

"Thank you, Mr. Speaker. The last Bill that was just called was that House Bill 6460?"

"Yes."

"Please let the record reflo… or record… record reflect that I was pressing my 'yes' button, but I guess you had just maybe turned off. Anyway, I would like to be recorded as a 'yes' on that."

Speaker Lyons: "The Journal will reflect your request. Representative Chapa LaVia, you have House Bill 6335. Read the Bill, Mr. Clerk." 09600121.doc 195  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Representative Linda Chapa LaVia."

"Thank you, Speaker and Members of the House. I was given… this was given to me by IFT. It amends… House Bill 6335 authorizes additional property tax levy in 2010 and 2011 for qualified school districts to supplement their general levy. The levy would be exempt from PTELL."

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

"Sponsor yields."

"Late. Late. Yes."

"Correct."

Chapa LaVia: "That… that… that's correct and it's outside Chicago schools. So, all the school districts outside Cook."

"That… that's correct. It's 20 percent of the prior year's expenditures."

"Correct." 09600121.doc 196  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Correct."

"Correct."

"Yeah… yeah, it is."

"Correct. And they cannot be on the watch list, also… academic watch list during the last two calendar years prior to the levy year."

"Financial pressures. Yeah… yeah. I mean, the basic… the Bill is being requested by school districts in… in my district and throughout the state that are under financial pressures on the school districts, which include the… you know, an eligible allowable rate of extension increase allowed by PTELL this year. It's 0.1 percent and the state's latest in spending payments to school." 09600121.doc 197  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"I'm pretty sure it has to go before the board. I'm not 100 percent sure. Jessica's not here."

"No. The school board. I thought it was the school board."

"Correct."

"Yeah. It says the levy which may not exceed 0.25 percent could be created by resolution of the school district."

Chapa LaVia: "Open Meetings Act. Yeah, in front of the public."

"Thank you."

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

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

"Thank you, Representative Rose. No one seeking further discussion, Representative Chapa LaVia to close."

"I just ask for an 'aye' vote on this. Everybody knows we're in dire straits, especially in the educational field from 0-12 grade. This is one area in which it's a very public discussion with the school board and when… and 09600121.doc 199  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 recommends on whether they can do that or not do that. Just in my district alone, in Aurora, all the school districts that touch me they're owed $45 million from this state. You know, in a time that we are not able to do a lot here, these are one… this is one little step in order for them to try to pass this referendum in their area in a resolution. So, I'd hope an 'aye' vote. Thank you."

"The question is, 'Should House Bill 6335 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Franks, Froehlich, Careen Gordon. Mr. Clerk, take the record. On this Bill, there are 39 Members voting 'yes', 57 Members voting 'no'. And the Bill fails. Representative Chapin Rose…"

"For what purpose do you seek recognition, Sir?"

"Representative Lang, I believe you have House Joint Resolution Constitutional Amendment #19. Out of the record. Representative Berrios, on the Order of Second Reading of House Bill 5334. Out of the record. Representative Berrios, you also have House Bill 5701. Out of the record. Representative Will Burns, House Bill 5950. Out of the record. Representative Burns, you also have House Bill 5495. Out of the record. Representative Will Davis, House Bill 1470. Out of the record. House Bill 09600121.doc 200  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 4827, Representative Burns. Out of the record. Representative Feigenholtz, you have House Bill 6061. What's the status of that Bill, Mr. Clerk?"

"Representative Feigenholtz."

"5430."

"Representative Feigenholtz."

"5430."

"Mr. Clerk, take that Bill out of the record. Mr. Clerk, what's the status of House Bill 5430?"

"Representative Feigenholtz on House Bill 5430."

"Thank you. It's really a big transition sitting all the way back here with the downstaters. Thank you, Mr. Speaker. I have worked on this Bill with the chairman of the Licensing Committee and the Minority spokesperson. We talked about House Amendments 1 and 2, moving the time frames for this license to be restored though a mechanism. I'd be glad to answer any questions."

"Heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 5430 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 09600121.doc 201  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 voted who wish? Representative Black, Representative Hatcher. Mr. Clerk, take the record. On this Bill, there are 94 Members voting ‘yes’, 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Will Davis has House Bill 1826. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. House Bill 1826 simply establishes the stat's policy to support voluntary after school programming for youth ages 6-19. This Bill creates a framework for better coordinating and strengthening existing after school services. This type of planning and consultation with providers is similar to the approach the state took a few years ago when we created the Illinois Early Learning Council. There are some additional things that the Bill does including creating a youth development council. It authorizes a demonstration project and as we mentioned yesterday, it is subject to appropriation. I'll be more than happy to answer additional questions."

"Heard the Gentle… Gentleman's explanation. Is there any discussion? Seeing none. The question is, ‘Should House pass House Bill 1826 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? Mike Tryon. Mr. 09600121.doc 202  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 Clerk, take the record. On this Bill, there are 90… 89 Members voting ‘yes’, 5 Members voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bob Flider, you have House Bill 6449. Out of the record. Representative Flowers, you have House Bill 5473. Out of the record. Representative JoAnn Osmond, for what purpose do you seek recognition?"

"The Clerk will so note and the Journal will reflect. Representative Flowers, House Bill 5471 on the Order of Second Reading. Representative Flowers, 5471. Out of the record. Representative Fritchey. Is Representative Fritchey in the chamber? Representative Jefferson, you have House Bill 6195. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Chairman, Members of the General Assembly. This Bill simply states that they're moving the… escalating the crime rates. If, in fact, you're picked up for soliciting a prostitute, your fines would go up to $500, $1,000 and half the money would go towards the police who are doing the enforcement. The other half would go towards a female domestic situations, to make sure that we're doing everything we can to help these prostitutes get off the street. I would ask for an 'aye' vote." 09600121.doc 203  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, ‘Should House Bill 6195 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 93 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Emily McAsey, you have House Bill 4037. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Lady from Will, Representative Emily McAsey."

"Thank you. Thank you, Members of the Body. This legislation makes some changes related to early voting to ensure that voters have more access. In… in counties that are required to have permanent polling places, it requires one central location to be identified. And provides flexibility to provide evening hours, requires additional hours on weekends, particularly the last weekend of the… before the election. And I would ask for an 'aye' vote."

"Heard the Lady's explanation on House Bill 4037. The Chair recognizes the Gentleman form Jasper, Representative David Reis."

"Sponsor yields."

"What this Bill includes is… it is similar to the Bill that I brought last year. It… but not identical to that Bill. Some of what was in the legislation that I brought last year had been signed into law in another Act. This does provide that in the final weekend of early voting that, for counties who have to designate a permanent poling place, that they would be required… they would be providing 14 hours of… on the final weekend and that the counties that do not have a permanent poling place, that they would provide 4 hours. But it's within their discretion as to when they would provide those hours. They could do it on a Saturday or on a Sunday. There are no set hours or set Saturday or Sunday."

"If there is an election authority that has fewer than 250 thousand people in that election authority, there is no requirement that they provide early voting on a Sunday."

"That’s correct."

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

"Sponsor yields."

"Amendment #4 became the Bill."

"That's in a different section of the current law that speaks to which… which type of election authority."

"So, certain… certain election authorities…"

"Right, that's already in the statute."

"Right. And that was passed last year… not my Bill, but a different…"

"…different… well, now Public Act."

"Thank you."

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

"Thank you. Will the Sponsor yield?"

"Sponsor yields."

"Representative, I appreciate your good intentions on this Bill and for the most part, I think it's a fine Bill, but I do have a… I think a problem with part of the Bill. So, can you go through again the provisions of this Bill that deal with weekend voting?"

"Certainly, and if I can also respond to Representative Black. First off, what this does is actually gives flexibility to election authorities. Currently, there are… in current law there are specific hours that they need to be open. What this does is provides flexibility in that the election authorities that are required to designate permanent voting locations. On the final weekend before election… or the final weekend of early voting, that they would have to provide 14 hours of early voting, but they have flexibility related to that. Now the election authorities who do not have to designate a permanent polling place, they would have to provide 4 hours that final weekend. They may designate when those hours are provided." 09600121.doc 207  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"So, there's no requirement, whether it be Saturday or Sunday, regardless of the size of the jurisdiction?"

"Current law prov… requires early voting on the weekends for the larger jurisdictions. The ones who are required to… to establish the permanent polling places. This legislation gives them flexibility as to when they can schedule those hours."

"So this only applies to the larger counties?"

"It applies to those counties… the 14-hour requirement applies to those counties that because of their population have to establish a permanent polling place."

"Could I have one more minute, Sir?"

"I'll extend one more minute, Representative Lang."

"Thank you. So, currently, there's a requirement in some of these counties that they be open Saturday and Sunday?"

"Yes."

"And I believe the reason for that might be that there are some people that can't vote on Saturday."

"Correct."

"So, what do we do if you make this change for the people who can't vote on Saturday if the election jurisdiction say's well, sorry, you can only vote on Saturday?"

"With the number of hours in those jurisdictions, the 14 hours, they would realistically have to provide hours both on Saturday and Sunday."

"Well, respectfully, I have a problem with this part of the Bill and I won't be able to support it because of this part of the Bill. I think that we need to encourage people 09600121.doc 208  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 to vote, which I'm sure you would agree with, but anything that discourages any segment of the population from voting at any time is not a good idea in my book. So, I'm going to have to vote against your Bill."

"Chair recognizes Lady from Cook, Representative Elaine Nekritz."

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

"Sponsor yields."

"This mandates weekend hours. What does it do… what… what is the current law with regard to weekday hours?"

"Current law with regards to weekday hours is that the a… the early voting hours have to be between either 8:30 and 4:30 or 9 until 5. And this provides flexibility so that election authorities could provide early voting hours into the evening if… if they chose providing greater access to early voting."

"So, to the previous speaker's point. Early voting is… during the last week is open 7 days a week. So, if someone wanted to vote that was unable to vote on a particular day, they would have 6 other days on which… from which to select."

"That's correct."

"Thank you. And… also with… as to the… one of the earlier speakers with regard as to, you know, saying that the county clerks are doing everything they can to open up every poll possible… polling place and keep them open as long as they can. The reason we had to do this in the first place, and to require at least one polling place be open on the weekends and… and so forth, was precisely 09600121.doc 209  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 because there were clerks that were not doing their best and doing it in a nonpartisan fashion, so that all… all voters had access to the same, you know, and had ability… the same ability to go vote on weekends on… in the evening and so forth during early voting. So, I think the Lady's Bill is an excellent one and we should vote 'aye'."

"Thank you."

"Representative McAsey to close."

"I would ask for your 'aye' votes to provide greater access to early voting."

"The question is, ‘Should House Bill 4037 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? Fortner, Lang, Riley. Mr. Lang. Mr. Clerk, take the record. Representative McAsey."

"Postpone."

"Representative McAsey."

"I would ask for Postponed Consideration."

Speaker Lyons: "Mr. Clerk, put this Bill on the Order of Postponed Consideration. Representative McAsey, you also have House Bill 5932 on the Order of Third Reading. 5932. Do you wish to call the Bill, Representative?"

"Sure."

"Before you… Okay. Read the Bill, Mr. Clerk."

"Representative McAsey." 09600121.doc 210  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Thank you, thank you. This Bill is something that arose out of having conversations with many people back home in my district and hearing about instances where children were involved in the criminal justice system and wanting to… to make sure that there are procedures in place to protect child witnesses of crimes or child victims of crimes through the appointment of guardians ad litem. So, this is making an addition into the… the Crime Victim Bill of Rights and I would ask for your 'aye' votes. And I… "

"You heard the Lady's explanation on the Bill. Any discussion? Representative Rosemary Mulligan."

"Sponsor yields."

"The… the guardian ad litem would be provided through the jurisdiction after the judge, who has discretion, has chosen to appoint."

"This is a… a measure which the… there would be a cost. And… and the courts… the court system, whichever jurisdiction is appointing the GAL."

"This is setting forth in particular cases when we have children who are the witness or are victim of crime or there's some sort of conflict with their parent, that the court have the discretion to appoint the GAL."

"Representative, we'll give you one more minute to complete your response to that. Or are you completed? Rosemary, were you in the middle of a question or are you finished?"

"You have an extra minute."

"And I worked with the State' Attorneys Office as well as with the Public Guardian's office. In fact, in most cases this is something that is already happening, but we want to make sure there are not children who are falling 09600121.doc 212  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 through the cracks. And so, this would be a cost that would be within the court system."

"This cost would be borne within the courts."

"Representative Black."

"Sir, state your inquiry."

"Mr. Clerk."

"Mr. Black."

"Sponsor yields."

"That's correct. The language that became the Bill is language that I worked with the Cook County State's Attorneys Office as well as the office of the Cook County Public Guardian. This language was at their suggestion."

"And they have."

"I'm sorry, Leader Black, can you repeat your question?"

"No, I have not specifically exempted the state."

"Representative McAsey to close."

"I would ask for your support with this measure to protect children under 18 years of age if they are the victim or the witness or have a conflict with a parent related to a criminal case."

"The question is, ‘Should House Bill 5932 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? Colvin, DeLuca, Mathias, Tryon. Tryon. Mr. Clerk, take the record. Representative McAsey." 09600121.doc 214  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"Postpone Consideration."

Speaker Lyons: "Mr. Clerk, put that Bill on the Order of Postponed Consideration. Representative Black."

"State your inquiry."

"Conceivably later today, Mr. Black."

"I think she's done for the day, as far as other Bills that she'll be calling. We do have on the Republican side, Representative Leitch, you have House Bill 5305. Do you wish to move that Bill, Mr. Leitch? Out of the record. Representative Mathias, House Bill 4763. Out of the record. Sid, you also have House Bill 5164. Out of the record. Representative Ramey, you have House Bill 162 or House Bill 5646. Out of the record. Representative McCarthy, House Bill 5416. Out of the record. Representative Jack McGuire, House Bill 6125. Representative McGuire, Jack, 6125. Out of the record. Representative Mendoza, House Bill 2490. Out of the record. Representative Miller, House Bill 1429. Out of the record. Representative Nekritz, House Bill 5128. Out of the record. How about, Representative Nekritz, House Bill 6008. 6008. Representative Nekritz, 6008. 6008 is what I have. Take that out of the record. Representative 09600121.doc 215  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 McCarthy, on 5… 5416. Read the Bill. What's the status of that Bill, Mr. Clerk?"

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

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

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I think we could be very quick with this. There is no opposition to it. This is a IEA Amendment that they were working with the Illinois Federation of Teachers. Many of us know that a committee was supposed to have been formed like five years ago for the Teacher Retirement Insurance Program. It's a system that is going down in a hurry. This… five years ago we knew it was already in trouble. Governor Blagojevich never appointed the members to it. So, all this Bill does is ask Governor Quinn to please appoint the members by April 30. I have worked with the Governor's administration, he has agreed to do this. So, I would appreciate your support of House Bill 5416."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, ‘Should House Bill 5416 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 Burke, 09600121.doc 216  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 Representative Pritchard. Mr. Clerk, take the record. On this Bill, there are 93 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Reis, David, House Bill 5300. Out of the record. Representative Chapin Rose, House Bill 4965. 4965. Notes on the Bill. Out of the record. House Bill 6230, Representative Rose. 6230. Out of the record. Representative Phelps, you have House Bill 5221. Out of the record. Representative Osterman, Harry, you have House Bill 5480. Out of the record. Representative Saviano has House Bill 5569. Out of the record. Representative Wait, House Bill 5601. Representative Ron Wait, 5601. Read the Bill, Mr. Clerk."

"Status of the Bill, Mr. Clerk."

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

"The Gentleman from Boone, Representative Ron Wait."

"You've heard the Gentleman's explanation. Any discussion? The Gentleman from Vermilion, Representative Bill Black."

"The Sponsor yields."

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

"Yes. Thank you, Speaker. Ladies and Gentlemen of the House. I had several Bills about the unemployment insurance to help our businesses, to help our people, to help end discrimination against our seniors and I was told, and I accepted what I'm told, that we were not moving any Bills having to do with the Unemployment Insurance Act. Representative, I guess to the Sponsor, will you yield? How did you get this through?"

"You know, you could give me some advice. Does this mean that we can open up and, after we get back from spring break, move more Bills about unemployment insurance? I've discovered some ways to help our businesses in the state, to help our seniors. And I wasn't allowed to move them."

"I mean, was it… are Democrats going to be allowed? We're in the Majority and we can't move any Bills about unemployment insurance?"

"Was this an agreement with the Governor's office? I guess…"

"…give me a reason to support your Bill since I've been trampled on and not allowed to move any Bills about unemployment insurance" 09600121.doc 219  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"It would be nice to end before spring break with some bipartisanship, but I think I'm going to try to read and figure out what you… what you did that made this Bill get through and all the rest of ours are locked up. It's really discrimination against the Majority."

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

"The Chair recognizes the Gentleman from DeKalb, Representative Bob Pritchard."

"Mr. Clerk."

"Mr. Pritchard."

"Representative Wait to close."

"The question is, ‘Should House Bill 5601 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bassi, Representative McCarthy. Mr. Clerk, take the record. Got bad news for you, Ron. On this Bill, there are 15 voting ‘yes’, 17… 77 voting ‘no’. And the Bill fails. For your information, there's not a hundred of us left to join the century club. Representative Lang."

"Thank you, Mr. Speaker. I just want to let Representative Wait know, he's actually lucky so many people have left the building or we might have been going to Representative Dunkin's closet for the trophy for you, Sir."

"Representative Riley, House Bill 5737. What's the status of that Bill, Mr. Clerk? 5735, Mr. Clerk. Read the Bill." 09600121.doc 221  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

Speaker Lyons: "The Gentleman from Cook, Representative Al Riley."

"Thank you, Mr. Speaker, Ladies and Gentlemen. And I promise this is not a shell Bill. This is 5735, that I brought the other day. The Amendment, and essentially, what it does… what it does is it sets aside a court fee… a judge can set aside a sale in a foreclosure judgment for persons participating in the Making Home Affordable Program. There were some comments made the other day which we will address when it gets over into the Senate, but this is a good piece of legislation. As a matter of fact, today the White House announced that they're expanding this program. And I really look at it as a community stability program by helping people keep their homes. So, I would entertain any questions you may have, but I request an 'aye' vote."

"You've heard the Gentleman's explanation. Is there any questions? Seeing none, the question is, ‘Should House Bill 5735 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 79 Members voting ‘yes’, 14 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Rita, you have House Bill 5514 on the Order of Second Reading. What's the status of the Bill, Mr. Clerk?" 09600121.doc 222  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

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

"Representative Rita."

"Thank… thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is just some cleanup language from the Roofers Licensure Act. I'd be happy to answer any questions."

"Is there any discussion? Seeing none, the question is, ‘Should House Bill 5514 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 86 Members voting ‘yes’, 7 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Smith, you have House Bill… Representative Jefferson, you have House Bill 5424. Read the Bill, Mr. Clerk."

"Representative Chuck Jefferson."

"Thank you, Mr. Speaker, Members of the General Assembly. This a veterans Bill. It simply states that if a veteran is going through a program as it relates to the state that they would be issued an ID card free of charge. 09600121.doc 223  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 And there is no opposition from the Secretary of State's Office. I would ask for an 'aye' vote."

"Is there any discussion? Seeing none, the question is… Representative Black."

"Sponsor yields."

"The only people I've got on the Bill, Lake County Veteran's Assistance Commission, Career… a Midwest Shelter to Homeless Veterans, American Legion. I show no opposition to the Bill."

"Representative Jefferson to close."

"Thank you, Mr. Speaker, Members of the General Assembly. This is a good Bill for veterans. I think we need to continue to do everything we can to support veterans because they do make a lot of sacrifices. So, I would ask for an 'aye' vote." 09600121.doc 224  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"The question is, ‘Should House Bill 5424 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… Fred Crespo. Mr. Clerk, take the record. On this Bill, there are 93 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jim Watson, you have House Bill 5623. 5623, Representative Watson. Out of the record. Representative McGuire, you have House Bill 6125. Representative Jack McGuire. Read the Bill, Mr. Clerk."

"Representative McGuire."

"Thank you, Mr. Speaker. 6125 is the county treasurer's Bill and I'll be very brief. The… the current law, the general rule is that the county treasurer must accept personal or corporate checks for the payment of property taxes. However, current law allows them to refuse personal checks 30 days before a tax sale. This Bill provides that a county treasurer may refuse personal or corporate checks 45 days before a tax sale or at any time if a previous payment by the same payer was returned by a bank for any reason. The Illinois County Treasurers Association maintains that some banks, especially those located out of state, take longer than 30 days to send a notice that a check has bounced. Further it states that county Treasurers, just like any other entity accepting 09600121.doc 225  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 payment, prefer forms of payment that do not bounce. So, that is the… the genesis of this Bill, 6125. And I'd appreciate your support."

"You heard the Gentleman's explanation of the Bill. Is there any discussion? Seeing none, the question is, ‘Should House Bill 6125 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? Brauer, Mendoza. Mr. Clerk, take the record. On this Bill, there's 87 Members voting ‘yes’, 6 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative McGuire, you also have House Bill 6126. Read the Bill, Mr. Clerk."

"The Gentleman from Will, Representative Jack McGuire. Mr. Clerk, what's the status of that Bill?"

"Put that Bill at the order of Third Reading. And read the Bill, Mr. Clerk."

"Representative McGuire."

"Thank you, again, Mr. Speaker. This is House Bill 6126, again for the Will County Treasurer's Office. Currently the first installment of the real estate taxes must be paid by June 1 and becomes delinquent after that 09600121.doc 226  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 date. The second installment must be paid by September 1 and becomes delinquent after that date. When taxes are delinquent for that year, the county collector makes an application for judgment and order of sale in October. The court hears and determines the matter within 30 days after the day specified for application… excuse me… and enters an order. Actual number of days varies by the county, so the sale is completed within five days of this order. I don't know that you want to hear all of this, but I would certainly try to answer any questions. The Bill is for county treasurers and somehow it seems that if people don't pay their taxes on time and then pay the fine late, the county treasurer has another hoop to jump through to get that all straightened out. So, I'd try to answer your questions. I'm not a county treasurer, so I'll have to call on Don Moffitt if I need any expertise. Thanks very much."

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

"Sponsor yields."

"County Treasurer's Association."

"As I said before, I'm not a county treasurer, so I'm not sure of how that question is to be answered." 09600121.doc 227  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010

"I have no response to that. I'd appreciate your vote."

Speaker Lyons: "Representative Eddy, Representative Roger Eddy."

"The Sponsor yields."

"Yeah, that's true. I'm trying to find Mr. Eddy."

"Oh, there he is. Okay. Thank you."

"It's up to 30 more days."

"Well, that's not the intent. Oh, the intent, excuse me, that is the intent."

"Okay."

"Representative Black."

"Former County Treasurer, State Representative Don Moffitt."

"Representative McGuire to close."

"As I said, I'm not a tax collector, so I don't have all the… the answers to the questions, but I would appreciate your vote because the answers to the questions are in the Bill."

"The question is, ‘Should House Bill 6126 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? May. Flider. Mr. Clerk, take the record. On this Bill, there are 93 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Represen… Representative Dennis Reboletti, for what purpose do you seek recognition Sir?"

"Please proceed."

"The Journal will reflect your wishes, Sir."

"Mr. Clerk, Resolution… House Resolution 1020. The Chair recognizes the Gentleman from DeKalb, Representative Bob Pritchard."

"You've heard the Gentleman's request. All those in favor of House Resolution 1020 be adopted say 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 1020 is unanimously adopted. Mr. Clerk, Agreed Resolutions."

"Representative Mautino moves for the agreement on the House Resolutions. All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. And now, seeing that no further business should come before the Illinois House, Representative Mautino moves that the House stand adjourned 'til the hour of 1 p.m. on Tuesday, April 13. So, allowing perfunctory time for the Clerk. Representative La… Representative Mautino moves that the House stand adjourned. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the 09600121.doc 232  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 121st Legislative Day 3/26/2010 Illinois House is adjourned. Have a happy Easter, have a happy Passover, have a wonderful spring break, clean up week. Have a wonderful two weeks off, everybody."