Illinois House Floor Debate — January 6, 2011

"The hour of 10:00 having arrived, the House will be in order. Members and guests are asked to refrain from starting their laptops, turn off all cell phones, and pagers, and rise for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Wayne Padget, the Assistant Doorkeeper. Mr. Padget."

Speaker Mautino: "We shall be led in the Pledge today by Representative Mayfield."

"Roll Call for Attendance. Representative Currie."

"Thank you, Speaker. Please let the record reflect that Representative Miller is excused today."

"Representative Bost."

Speaker Mautino: "Mr. Clerk, take the record. 116 voting 'present' and a quorum is present. And the House is prepared to do its business. Mr. Clerk."

Speaker Mautino: "The Gentleman from Bond, Representative Stephens."

"Thank you, Sir. Representative Mayfield."

"Thank you, Speaker. I rise on a point of personal privilege. I would just like to point out to everyone, in the Gallery is the family of the late Representative Eddie Washington. His mother, his brother, and his wife, Flor, are all here. So, if we could all give them acknowledgement."

Speaker Mautino: "Mr. Clerk, place Resolution 1317 on the board. I would all… ask that all Members be at their seats. I would ask staff to retire to the rear of the chamber, as we are preparing to do a Resolution honoring Representative, former Member, Washington. Mr. Clerk."

"On the Resolution, the Gentleman from Cook, Representative Riley."

"Thank you, Mr. Speaker. To the family, we all share your sorrow for the loss of your loved one. Eddie was an extremely good friend of mine, and just a quick story of when I was sworn in in 2007. Walking over at the UIS, going to pick up some tickets, and all of a sudden there's some arms around me throwing me up in the air. And you know, I didn't, you know, know what I was going to do. It was Eddie. 'So glad to see you, brother. I heard that you were coming. I'm so glad.' He's tossing me up in the air and everything in his unique way. Just a tremendous friend, very unique. Each one of us, each one of the 118 Members of this Body are unique, as unique as our districts that we come from, but we share common goals. And one of the things that we share is the concern for our districts, and I just want you to know that he always talked about his district. He always talked about Waukegan. He always talked about many of you, all the time. That was what Eddie was. And you know, no matter what the issue was, I would suspect that the people in his district just wanted someone that they felt would fight for them. You know, maybe the Bill wouldn't be passed, maybe he couldn't get something introduced, but as long as they knew that he was fighting for them, then that was good enough for them and that's something that he always did. So, he'll always be 09600161.doc 7  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 remembered and as I say, a very good friend, and God bless you and the family."

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

"Thank you, Mr. Speaker. Eddie Washington. I recall coming here eight years ago, probably one of this chamber's largest class we've seen recently, probably in the last 15 or 20 years. Eddie was one of the newer Members, and you're right, he was very unique, one of a kind. He was a strong black man who gave voice to issues that were recently read here by the Clerk. I didn't realize how intense and deep he was in terms of, you know, the history and the fighting and the giving of himself to so many causes for other people. Eddie was never afraid of any issue, any person, any cause. He gave voice to issues that all Illinoisans, all Americans, would benefit from. He and I talked a lot, talked about travel. We talked about health, which is something that Members here, sometimes we just take it all too for granted. That we don't need to take care of ourselves, diet, exercise, a sense of clarity with some of these issues and… 'cause everyone is drawn in or coming from us. So, that's a real issue. He and I talked about his health. But he was a person that you really couldn't put in a particular box. Especially, and Flor, you know this, he would always… first of all, you know, he loved Oprah Winfrey, and he made it sure that somehow I got you on the show a couple of times to see, and we took pictures in the back with her. He insists that, you know… you have… he was a very strong willed individual. 09600161.doc 8  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 He was relentless and he loved her, and he actually wanted to honor her. I know a lot can be said about Eddie. To hear him in committee, to hear him down in that front row, again, you know, he would bust me up sometimes with some of the debate. He'd go at it with Members on… not only just the Republican side, but over here as well. Bill Black, Ron Stephens, I can go on and on. I mean, he… Eddie Washington was a poetic warrior for causes that needed to be addressed, especially with our most vulnerable citizens here, prisoner reform, discrimination and employment, and contract allocation here in this state. He gave voice to that, consistently. He gave you a big bear hug, gave you a strong handshake. He took his time, and his word was bond. Eddie was nobody's flip-flop. If he said he was with you, he told you that, and he stood by it strong. I will miss Eddie tremendously. I could always get a good laugh, and quite frankly, when he would get up and speak I would hush up and listen because I knew it was going to be sort of a pretty animated experience here because Eddie would take on anybody. Right or wrong. And to see him at such a young age, mid-fifties, to leave us on short-order based off of health conditions, sometimes we just let ourselves… we neglect ourselves. 'Cause all of us have big hearts here; we want to help others. He's a good friend. I know it's painful for a mother, a parent, to bury their child. This place is a little different without Eddie, and hopefully this state's a little bit better because of Eddie. Thank you." 09600161.doc 9  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"The Gentleman from Winnebago, Representative Sacia."

Speaker Mautino: "The Lady from Cook, Representative Yarbrough."

"Thank you, Mr. Speaker, and Members of the House. Representative Sacia, thank you. That was tremendous. Representative Dunkin, you used the word deep. Marlow Colvin always used to talk to Eddie about being so deep. That's what he called him, 'Deep Eddie'. Eddie Washington was a man on a mission. He wanted to get everything done 09600161.doc 12  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 for everybody, and who knew he had such a short time to be here. He was misunderstood. He was a fierce opponent, but now, I think many of us understand that Eddie was on a mission. He had to right all the wrongs, correct all the mistakes and he had to get it done in a short period of time. Eddie didn't take care of his health, and I'm glad you brought that up. You know, we're all here in this Body and you know, this is like a big mixing bowl with all kinds of emotions and tension, and all of that and I can… I'll never forget one day, when he walked in this chamber and he was ringing wet. I asked him what was wrong. He says, 'Oh, I'm okay, I got a pill. I'm going to go down here and I'm going to sit down for a moment.' I said, 'I don't think so.' I said, 'Why don't we go over to the nurse's station and let's, you know…' He said, 'I've been there.' And I said, 'Well, you know, humor me. Would you just kind of go over there?' We went into the nurse's station, and she said, 'Oh, he's back.' And I said, 'Oh, he really has been here?' She said, 'Yeah, he needs to be in the hospital.' She took his blood pressure and it was some outrageous 190 something over 110 or whatever. I mean he was a walking heart attack. And I asked him, I said, 'Eddie, why are you here?' And he said, 'I have a Bill that I got to get through; the people are counting on me.' And I said, 'Well, they can't count on you if you're not here.' So he said, 'Well, I can't go out of this chamber in an ambulance.' And none of us would want that. And so we went down the back corridor, got in my car, I took him over to the hospital. He wouldn't even let me stay there 09600161.doc 13  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 with him. He said, 'I'll be okay.' Well, I felt like he was in the right place to be okay. He called me later and said, 'I'm okay. I'll be back tomorrow.' And I'm like, 'Why?' And he said, 'Because people are counting on me.' Now, that kind of dedication speaks volumes to me. He talked about his health a lot. We spent a lot of time talking about this chamber, we spent a lot of time talking about the injustices that he was here to try to do something about. But the one thing I just couldn't get across to Eddie, and God knows I had to talk him off the wall so many times because, I mean, when you would debate Eddie, you better be right on and know what you're talking about. But he couldn't debate me on his health. He didn't have good health. When we were here last, I was going through my desk and I found an unopened letter from Eddie Washington. I said, 'Oh my God, a letter from Eddie Washington. He's gone, isn't he?' I hesitated to open that letter; God only knows what he would be saying in this letter. But I did, I opened the letter, and here it was Eddie Washington, again, saying, 'We've got to keep working on this issue. I would be proud if the Black Caucus would take this up and do something about this.' And I could hear his voice; I could hear his words that were written on the page. I showed it to some of my colleagues. And one other of my colleagues said that they have an unwrit… they have a letter from Eddie Washington that they found that was sealed. So, if any of you have letters from Eddie Washington, even today, that are still sealed, open those letters and hear his words. Eddie was on a mission. He 09600161.doc 14  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 left here too soon, but he impacted every person in this chamber. May he rest in peace."

"The Gentleman from Champaign, Representative Rose."

"The Lady from Lake, Representative Osmond."

Speaker Mautino: "The Gentleman from Knox, Representative Moffitt."

"The Lady from Cook, Representative Howard."

"I first met Eddie Washington several years ago when he came to one of the Black Caucus sponsored conferences that we held periodically. And we got into a discussion and he said, 'You know, I think I would like to be a State Representative.' I said, 'Well, go for it.' And of course he did and of course the rest is history. He joined us and he became my seatmate. To say the least, Eddie Washington was very outspoken for the issues that he was very passionate about. And I was always appreciative of the fact that he was very supportive of the things that were 09600161.doc 19  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 passionate in… important to me, especially ex-offender issues. And this snazzy dressing person who was always a gentleman was my friend, and that above all I miss him, the fact that my friend is gone. To the family, again, condolences for your loss, and I join others, many, many, many, many others, who hope that he will rest in peace."

"The Lady from Lake, Representative Mayfield."

"Thank you, Speaker. I believe I speak on behalf of the family when I say thank you to everyone for your kind words, your stories, your accolades, and your fond memories of Representative Eddie Washington. In the 60th District, Eddie has a special name and a special meaning. He was the first African American to hold this seat. And it really meant a lot to our community that is approximately 80 percent minority, mostly Hispanic and African American. So, this was a huge triumph for us in our area. Eddie's legacy was that he fought for the least of us, you know, and when it came time for him to run for this position, when it came time for him to be reelected to this position, unlike others, Eddie didn't have to pay for campaign workers, they came out in droves to volunteer for him. You know, his support was there. He had a very firm base in our community and had he not passed, he would still be occupying this seat. That was how strong his legacy is in Waukegan, North Chicago, and Park City, the district in which he served. Eddie had an open door policy, he was available all times of the day or night. You could hit him up on his cell phone at midnight and Eddie would answer the phone. 'Hello, my sister, what can I do for you?' And he 09600161.doc 20  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 would do his best to address your concerns. He really fought for what he believed was right. He had a larger- than-life personality. So, whether you were his friend or his associate, or whether he just felt as if he felt he was bearing down on you, just know that he did that because he really felt strongly about the individuals that he represented. And I'm thankful for the family for coming out today. I want you to know how special Eddie was, you know, to his mother, he is a great man, to his brother as well. Flor, to his wife, this is a very difficult job and I just have to give special recognition to his wife, because she was truly his backbone. He would not have been able to achieve the things that he did in our community had she not provided that foundation for him at home. Flor, we… you know, you were there, you were always in the background. You were always pushing him on. You were the wind truly beneath his wings, you helped him to be the great man that he became, and we thank you for that."

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

"Thank you, Mr. Speaker. And when I came here, you know, the… just by my choice of committees and where I got assigned, I got to be on a lot of committees with Eddie Washington, and I was learning how to be a Legislator then. I'd never done this before, you know, and so I watched and learned. Here was a man who was never at a loss for words, including some words that I had not previously heard. But I learned some very important things from him that so many of the other speakers have talked about. 'Cause here's a 09600161.doc 21  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 man who could stood… stand for what he believed, and advocate for the people he wanted to support, but never be disagreeable and never tear down someone else, who talked about the good that we need to do here as Legislators. And Representative Mayfield just mentioned the phrase, you know, that we're here to look out for the least of these, and you know, no matter which book we worship from or you know, whose house we worship in, you know, every one of us exhor… is exhorted to always look out for the least of these. And you know, there are a lot of people who have lobbyists and what not, who are outside the door, you know, who can afford to have someone come down here and advocate for them, but there are a lot of folks who cannot. And the man, Eddie Washington, advocated for those people. He was their voice. He stood for them, whether it was children, you know, who had been put out of their homes from one reason or another who didn't have the blessings that a lot of us have. If it was children whose parent, one parent may have been incarcerated, and who needed the support to make something of their life, that was Eddie Washington who was there. You know, we were all blessed to know him, to know his name and to know the man, but there are thousands of people across this state who will never hear of the name Eddie Washington, never had a chance to meet the man, never had a chance to get to know him as we all have, but whose lives, thousands of people whose lives are better today for the work that he did. Thank you, Eddie."

"The Lady from Cook, Representative Davis, Monique." 09600161.doc 22  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 Davis, M.: "Thank you, Mr. Speaker. Eddie Washington was an umbel individual. When I first met him, of course, it was in the General Assembly and we had attended a meeting downtown Chicago, near the Goodman Theatre. I don't know if you've ever been downtown Chicago at noon on Michigan Avenue, traffic is wild and crazy. I mean, pedestrians are going across the street, people are… but it's… the traffic doesn't stop, there's continuous traffic. So, I said to Eddie, 'Eddie, excuse me, would you help me get across the street?' He said, 'Yeah, my mother told me to always help old ladies.' So, then I knew I would like Eddie Washington. He came from very umbel beginnings, his mother Rosy picked cotton in Mississippi. She rose to the level in St. Louis of working for a bank. Eddie has a brother whose name is also Eddie. I don't know how she distinguished who she was calling when she wanted Eddie 'cause they did have the same last name. The father's name was also Eddie Washington. I think one of the things Eddie Washington stood for in this Body was fairness and equity for everyone. We had a situation in the Black Caucus, and it was before the Latino Caucus had enough Members to have their own caucus, and they had refused to let Eddie in their caucus, but they wanted to be in the Black Caucus. So, there was great discussion in our Black Caucus meeting and Eddie said, 'Two wrongs don't make a right.' So he was willing to accept the Latinos in the Black Caucus. He was a person who believed in fairness. He wanted African Americans to have equal opportunities to work, and he worked very hard in reference to apprenticeship programs or 09600161.doc 23  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 training programs and in some instances, he was successful. I think one of the reasons that Eddie was ill and so ill was because the stress of his success not being quick enough helped him to leave here. The last Black Caucus meeting he attended… after the meeting he stood by the… he went and sat by the security guards and I went over, I said, 'Eddie, is anything wrong?' 'No, Representative, everything's fine, everything's fine.' 'Do you need a lift?' 'No, I don't need anything.' But the truth was, he did need a ride, but he was so proud, he didn't want anyone to know that he was not perfect. Many people don't know this, but the last time he visited his mother, he told the Speaker he wanted to go to St. Louis and he didn't have a way to get there. And the Speaker said, 'We don't have that kind of service.' But in the end, the Speaker got someone to drive him to see his mother. I think perhaps we should not mourn his death, but celebrate his life. Thank you. We ask… be added as Sponsors of the Bill."

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

"Thank you, Speaker, Members of the House. To the family, when I came here a couple years ago and I was with some of the Members in my freshman class and we were sizing up different Members of the Body and who's cool and who's not and who to watch out for, I remember talking about Eddie Washington, and Eddie reminded me of my father. You know, he came from that generation; folks born in the 40's and 50's who didn't have access to the opportunities. The walls were just coming down, and there was a lot of 09600161.doc 24  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 resistance when they got on the other side of those barriers, a lot of people who didn't want them to have those jobs, didn't want them to have those opportunities, who remembered how their grandparents… how their parents and grandparents had maybe been in poverty, didn't get the opportunity to go to good schools, didn't get a lot of good chances in life, missed out on a lot of things, and they kept that with them. And they were strong people. I mean, I don't know and I say this as a child of the post civil rights generation, I don't know if our generation could handle that kind of pressure. I don't think we could have handled that kind of disappointment. I don't think we could have handled that kind of frustration. And so, just his physicality, his size, his burliness, my father was a big man and a big personality because you had to have a big personality, you had to be a strong-willed individual in order to make it out of wherever you were coming from, 'cause no one was going to give you anything. And as a consequence, when some of the folks from that generation see young folks like me, they assume we're soft, they assume that we don't care, that we… our heart's not in the right place, we're, you know, we got all the blessings, all the benefits from all their hard work, and we weren't going to be as committed to the cause as they were. But Eddie didn't act like that. Eddie gave me the opportunity to share my story with him, where I came from, and what I had learned as a consequence. And we talked about, you know, Black Nationalism and Kwame Nkrumah and Malcolm X and what the res… concrete responsibilities are to help our people. 09600161.doc 25  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 You know, when I first met Eddie he called me, 'Little brother' and within a couple months he called me, 'Leader'. As a freshman, Eddie Washington called me a leader, and that was high praise. He looked over the edge of his sunglasses so he could make sure I saw his eyes, and said, I'm with you, Leader, and that vote of confidence, from a man like him, meant all the difference to me. And you know, I appreciate the fact that he was the agitator. Will you… Every organization, every group needs someone to be on the tip of the sphere, the one who's willing to go right out in front of the machine guns and take all the fire and make it easier for other people to get the deal done. And that's what Eddie did. It was very strategic. It was very smart. It was very well-thought-out. He wasn't crazy. He knew exactly what he was doing so that other of us could cut the deal and find the votes. And because of his advocacy, we got so many things done. We didn't talk about it today, but Eddie was real big on the weatherization initiative, making sure there… we got money to train people to do green jobs work and create jobs throughout the State of Illinois for people in low-and moderate-income community. And for his leadership and for his devotion to the cause, I will always be grateful, and you should be very, very, very proud."

Speaker Mautino: "The Gentleman from Kane, Representative Schmitz."

"The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, thank you very much, Mr. Speaker. I certainly want to extend my condolences to the family. Thank you for coming down to be a part of this celebration of Eddie's life. And I, too, was a Member of Eddie's class, the large class that came in in 2003. And as you got to know Eddie, obviously, you realize that he was a passionate individual, a lot of fire, a lot of brimstone and that's what he displayed here on the floor. But if you ever went to Eddie's office, you saw a different Eddie, a more kindler and gentler Eddie. Tranquility in his office, candles lit, the sound of running water, and you kind of wonder, well, I guess this is where he needs to come to kind of depress a little bit. You know, to kind of recharge himself, so that when he comes back to this place, in this chamber, he can continue to fight and be the person that we've come to know and to love. And Eddie had a… you know, if you listen to some of the floor debates, he said a lot of interesting things when he was debating Bills. But one thing that he would always say that I always thought was kind of funny is he would say, 'Well, you know, I'm a freshman in my sophomore year.' or 'I'm a freshman in my junior year.' And what that was like… 'What really does that mean, Eddie?' And he was like, 'Well, you have to understand that no matter who you are in this place, you 09600161.doc 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 should still always be learning and trying to learn and understand and get better.' And if any of us in this place gets to the point to where we can't learn anything from one another, or learn anything about issues and the people of the State of Illinois, then the reality is that we don't need to be here. You've done everything you can do; you should just walk away from this place. But I appreciate him saying that and he used to open up most of his speeches in that way, and it just put in context really why we're all here. Because were here to try to accomplish something for someone, for somebody an… and while we call ourselves State Representatives of a district, which means we have 110 thousand people that we have to represent, the reality is that we're actually State Representatives and the things that we do, the policies that we enact, sometimes have implications all over the State of Illinois. So, you're impacting the lives of people all over the State of Illinois, but one thing about Eddie is that he was also a State Representative, primarily for the will of African Americans. And it's not to say that Eddie was necessarily prejudice and didn't care about anybody else in the state, but I think what Will Burns said about having grown up in a generation where doors were closed for African Americans, you know, Eddie wanted to make the State of Illinois a better place for African Americans and other minorities to live in. That was his goal. That was his objective. And while we never know how long we're going to be on this earth, we don't know that, and nobody would have ever guessed that Eddie would have left us so soon. So, if 09600161.doc 29  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 anything, he puts in context the fact that while we are here we have to put our foot on the gas pedal and go 100 miles an hour to make sure that we are doing everything possible for the people that we represent. You never know when you may not have the opportunity to be in this chamber again, one way or the other, so it's incumbent upon us to make sure that we do everything that we can, every time we have the opportunity to do so. And we always talk about, or say, you know, may he rest in peace or continue to rest in peace, I think Tim put it best. Eddie's not resting. He's still up there working, trying to make sure that through angels dispatched all over this state, who are touching the lives of people and presumably touching the lives of people still in this chamber, he is still trying to enact the things that he thought that we needed to do to make the State of Illinois a better place. Thank you."

Speaker Mautino: "The Lady from Champaign, Representative Jakobsson."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House, and the family. I too am a part of that big freshman class, that big class that Eddie was a part of and many of us haven spoken to. My first year here my office was on the same hall, same wing as Eddie Washington's. And I was in the office one evening and I wasn't sure if there was anybody still around, I didn't know if there were any secretaries, it was pretty quiet. And a button had come off of something I was wearing and so I went out to see if there were any secretaries around to ask if anybody had a needle and a thread. And because it was quiet, the one 09600161.doc 30  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 other person who was in an office noticed that I was walking by, and it was Eddie. And we would stop and talk sometimes anyway, and I said, 'How are you?' and he said, 'You look like you're looking for something.' I said, 'Yes, I was looking to see if anybody had a needle and thread. And we chatted a little more and the next morning when I came in, there was a sewing kit on my desk. The needle and several different colors of thread and so, I went over to Eddie's office and I said, 'Do you know anything about this? Does it have something to do with our conversation last night?' He said, 'Well, I knew you needed that, so I got that for you.' And I said, 'Oh, is this like insurance in case you lose a button, you'll know, not only, you know, where there's a needle and thread, but maybe you'd ask me to sew it on?' And he said, 'No, Naomi, I was taught that replacing my buttons is my responsibility.' Somebody up there I think taught him that. Thank you very much for all of the things, but even for needles and thread."

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

"Thank you, Mr. Speaker. You know, those of us who have been around here a while, like myself, we've gone through this many times, far too many times, and we lose too many people far too quickly. Certainly Eddie was one of those, losing him in his fifties at a time where he was vibrant and vital and giving all he could to us and to his constituents. He was, I think, and many would consider a gentle giant. I think we can't deny that. He's a guy who 09600161.doc 31  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 worked this job that we do every day from his heart. He didn't do it from his politics, he didn't do it to help a lobbyist, he didn't do it to do anything other than to improve the lives of the people that sent him here, and our constituents as well. And I think there's a lesson there for all of us, to come here and do our jobs as he did with energy and with a full heart and with the knowledge that we are sent here to do our best to improve people's lives. Eddie as you heard was independent. It didn't bother him at all to say to a Leader on either side of the aisle, 'No, you're wrong, I'm doing it this way.' Didn't bother him at all to say to a Member on this side of the aisle, 'I'll help you with your Bill, but not if I don't like it.' - another lesson for all of us. Eddie was a fierce defender of human rights. That's what he stood up on the floor to talk about mostly. Human rights, the dignity of people, how they live their lives today, how they live their lives… how they want to live their lives in the future. And so, he's a defender of what he felt was best in people and demanded that of us, that we set aside all those other issues and just talk about the people we are sent here to represent. He also had a tremendous respect for this process, and when he got here he certainly didn't understand it, but he learned it very quickly, and he had a tremendous respect. He never… whenever he came to my desk, which he did often to ask for my help on something or to explain a Bill or what it might… whatever it might be, he always called me, 'Sir', and I really told him, 'You know, Eddie, you can really stop doing that.' He said, 'Okay, 09600161.doc 32  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 Sir, I'll stop doing that.' That was the kind of guy he was and he felt a certain place in this process that I don't think any of the rest of us ever felt. Eddie was unique. We all are unique in our own special way, but if I can use the phrase, Eddie was more unique than the rest of us. And so, Eddie had an impact on this process. He actually taught me a lot. I think he taught all of us a lot. And I think to his family, to whom we send our best wishes, and our sympathies and our love today, I think that you should know that what Eddie gave to us - we respect. And you know, the families back home don't always know how we feel about our own colleagues. They see how people in our districts feel about us, but they don’t necessarily see on a regular basis how we feel about our own colleagues and so I'm happy the family's here today to hear what we have to say about Eddie. And I think the other lesson we need to learn is that we need to celebrate each other while we're here. And we need to work together in a closer way while we're here to do the jobs we are sent here to do. Eddie would expect that of us, so let's honor Eddie's memory and his service here by doing that for him. God bless Eddie and again, our love to the family."

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

"Thank you, Mr. Speaker. As another Member of Eddie's class and somebody who… I was privileged to serve on the Prison Reform Committee with him. My example of his thoughtfulness, which I thought he… what always struck me about him was how curtis… courteous he was. Five or six 09600161.doc 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 years ago he said, 'Representative, I saw this beautiful tie' and it was a hand-painted with an African elephant on it. He said, 'So I bought it and I just knew there'd be a Republican who would really appreciate it, I'd like you to have it.' Okay. So, you know, I did appreciate it. There is a certain irony in that, but what I think Eddie did, he left us an example, people have been talking about it, his passion, especially for the powerless, his thoughtfulness and courtesy, his willingness to walk across the aisle and build relationships, excellent example for all Legislators. For that, I'm grateful having served with him."

Speaker Mautino: "The Lady from Cook, Representative Hernandez."

"Thank you, Speaker. And this is to the family. I did not have the opportunity to say good-bye to our Representative. I was unable to attend the wake and the funeral. All intentions were there, but when I realized that the funeral was going to be in St. Louis, it just made it impossible. So, I really truly appreciate that we're getting the chance, right now, to thank him for everything he's done, wholeheartedly. Thank you, Representative Eddie Washington, for caring, for your valiant service to this state. It's been for me, at least, and I still consider myself very new to this Assembly. I've learned a lot, the courage, the valiancy that he portrayed in speaking on behalf of the little people, thank you very much, and God bless."

"The Lady from Cook, Representative Soto." 09600161.doc 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"Thank you, Speaker and Members of the House. I'd like to take this opportunity to thank his mother, his wife and family. We love them. We've been blessed to have served with him and we will miss him. And all I want to say is, Eddie, we're always going to be thinking of you. Thank you for being here with us. We're going to miss you. Thank you."

"Mr. Clerk, there's been a request that all Members be added as Sponsors. And with that, Representative Davis moves the House do adopt House Resolution 1317. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the Resolution is adopted. Would ask now for a moment of silence. The Resolution has been adopted. And thank you to the family for sharing Eddie with us and with the people of the State of Illinois. I would ask that Members remain standing. Representative Beiser is acknowledged for a moment of personal privilege."

"Thank you, Mr. Speaker. Sadly, I rise and acknowledge the passing of a Marine from my district, Lance Corporal Kenny Corzine. He suffered serious injuries on December 5 in Afghanistan and he died on Christmas Eve from his injuries. I, along with Governor Quinn, attended his wake last night. I was impressed by the tremendous outpouring of support for the family. Over a thousand people attended his wake. I spoke to his mom and dad, Ken and Carla, and his grandma, his aunts and uncles and I ask about how his daughter Macy's doing. And they pointed Macy out and she was sitting there in a beautiful dress and beautiful flower in her hair, and they said she's doing fine, a four year 09600161.doc 35  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 old has many ways don't… doesn’t know what's going on. They said but what's sad six days after he passed, we had to celebrate Macy's fourth birthday. I said, 'How do you do that?' And she said, 'We just do it. We do it for Macy, we do it for Kenny.' So, I think at times like these, we acknowledge the service that those men and women give to our country. Many times we're able to welcome them back, like we did Jim Watson, like we did Ron Stephen's son, but many times, unfortunately, we're not able to welcome back in the living flesh. So, I would ask for a moment of silence. I have assured the family of the commitment of this Body to the memory of Kenny and all the members of the service and I ask for a moment of silence for Kenny Corzine and his family, at this point."

"The Gentleman requests a moment of silence."

"Thank you, Mr. Speakers (sic) and Members of the House."

"Mr. Clerk, Rules Report."

Speaker Mautino: "Mr. Clerk, Committee Reports. Committee schedule."

"Mr. Clerk, on page 4 of the Calendar, under House Bills-Third Reading, appears… excuse me… Senate Bills-Third Reading appears Senate Bill 1927. Representative Reitz. Out of the record. Representative Burns, on page… Representative Burns, ready to go. On page 5 of the Calendar, under Senate Bills-Third Reading, appears Senate Bill 3952. Mr. Clerk, read the Bill."

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

"Thank you very much, Speaker, Members of the House. Senate Bill 3952 permits the Calumet-Surmac TIF to be reinstated. Chicago recently repealed the TIF. There's a new project that's happening there. This is a very important development for a portion of my district. I know of no opposition. City of Chicago is a proponent. And I would appreciate its passage."

"The Gentleman has moved passage of Senate Bill 3952. And on that question, the Gentleman from Crawford, Representative Eddy."

"Right. There are a series of developments that are being planned near McCormick Place and on Michigan Avenue, 09600161.doc 37  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 the Motor Row Development and because… if the TIF is not reinstated, then those projects will be upheld. The Chicagoland Chamber of Commerce is supporting this Bill because it's going to create significant jobs and bring new economic activity and development to that corridor."

"I've worked closely with Alderman Bob Fioretti, who's the alderman of the Second Ward, Senator Kwame Raoul, who also represents that area. The Chicagoland Chamber of Business and Chicagoland Chamber of Commerce and the developers themselves have come and asked for our support for their legislation."

"The Gentleman has moved passage of Senate Bill 3952. No one seeking further recognition, all in favor vote ‘yes’; opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lang, McAuliffe, Mitchell, Wait, do you wish to be recorded? Representative McCarthy. Have all voted who wish? Mr. Clerk, take the record. 109 voting ‘yes’, 3 voting ‘no’, 4 voting ‘present’, Senate Bill 3952 is declared passed. If I may have the Members' attention. When we do break for committees, it is the intent to be at ease in the House and then return after committees. We will recess… we will recess for one hour 09600161.doc 38  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 and then return after the committees. No further business at this time. The House will stand in recess until the hour of 1:00. Please check your committee schedules. The House will be in order. On Supplemental Calendar #1 appears House Bill 3659, under the Order of Concurrence. Representative Verschoore. Representative Verschoore on Senate Amendments 1 and 3 to House Bill 3659."

"Thank you, Mr. Speaker. This is the Internet sales tax Bill and I just got this Bill yesterday, actually today. And what it does is now there's a voluntary sales tax as such, this would automatically make anything you order over the Internet would be charged the sales tax. And in the first year that it was introduced and in place in New York, it brought in $70 million. And they think it will bring the budget… Revenue Department thinks it will bring in about that much. And what I'd like to do is have concurrence on these Amendments #1 and 3 and I'd be glad to answer any questions."

"Gentleman moves that the House does concur with Senate Amendments #1 and 3 to House Bill 3659. On that question, the Gentleman from Winnebago, Mr. Sacia."

"He indicates that he will."

"Well, what the IRMA and all the business people are behind this. I've got a long list I could read to you all the people that's for this, but what it…"

"What it does, Representative Sacia, is it kind of levels the playing field for our businesses in Illinois. They're at a disadvantage now to the tune of six and a quarter percent interest and… or six and a quarter percent tax. And so, and I don't know if you mentioned about lawsuits, but there have been lawsuits that have been tried in New York and both… in both cases the courts came in favor of the state being able to do this. So, I don't believe it's going to have the effect that they're telling you."

"This Bill is not going to hurt Illinois business. I don't know why they're telling you that. And in New York, they said the same thing. They said if they put this Bill in place they were going to leave New York and that 09600161.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 did not happen. So, it's… I don't where they're getting their information, but I don't believe that's the case."

"Well, what it does is it's a… an Internet sales tax. Anything that's bought over the Internet would be charged tax."

"Jim, that's their opinion. We have the Department of Revenue saying that that's not the case."

"Mr. Clerk."

Speaker Mautino: "Thank you, Mr. Clerk. There were some reports that needed to be read into the record. We will continue with the debate. The next Gentleman to speak is the Gentleman from Crawford, Representative Eddy."

"He indicates that he will."

"Representative Eddy, that was the same argument that they used in New York, that they said if they put this in, they were going to leave the state and go elsewhere to do business, and that has not been the case. They have not left. I mean, it's a… it was a… it's like crying wolf, I guess, for lack of a better terminology. So, I think that it's… that they're just threatening to do that, but in actuality they did not do that."

"It did happen in Rhode Island, Representative Eddy, but the Rhode Island is like 1 million people and Illinois is, as you know, 13 million people. So… but as far as New York, which is I think the third largest area for this and we're fifth, and they did not leave New York."

"But that did… they did, you're right, they did pull out of Rhode Island."

"No."

"Right."

"Revenue… the Rev… the Department of Revenue would be enforcing it, Representative."

"Revenue already knows that they're not collecting this tax now, and this… an… but… and they know who these people are. So, this will put more, I guess, for a lack of a better word, put more pressure on them to comply with this 'cause there… there's… there is a… I think there's provisions in this Bill for fines if they do not collect it."

"Disadvantage."

"Right."

"Level the play…"

"No."

"No." 09600161.doc 44  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"They used the same thing in New York, like I've said a few times, and that did not happen."

"Approximately 70 million."

"That's what the… McCaffrey from the Department of Revenue has told me."

"I don't have the data for that. I don't…"

"According to IRMA, that's what it is."

"Thank you."

"Right."

"Thank you."

Speaker Mautino: "Further discussion? Representative Osterman." 09600161.doc 45  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"Thank you. To the Bill. Ladies and Gentlemen, this is a very important piece of legislation for our state, and one that will help small businesses around our state. There have been concerns brought up about losing jobs. The reality is this is going to help keep small businesses in our state and working. Currently, if someone goes out of state and uses the Internet to make a purchase, there's no sales tax provision. This will require that the state be able to get that sales tax. The Department of Revenue did a study about a year ago that said that the state's losing anywhere from 100 million on up in unrecouped sales tax. That's money that could be used in many ways here in our state. This summer we had a subject matter hearing in the City of Chicago and we heard from advocates regarding this issue and the business community is squarely behind this. They want to make sure that Illinois businesses are treated fairly and that those… they're not put at a competitive disadvantage, which is why IRMA and many other businesses, including many small businesses that came out to testify, are in support of this. This issue also relates to the growth in the Internet sales and over last year, 20 percent increase in some of these large companies Internet sales. That's, again, money that's leaving our state in the sales tax that can go to help us with the desperate financial situation that we have here. There's been talk that some of these big businesses are going to leave and they're not going to compete. Well, I would remind everyone that we've got over 12 million consumers here in Illinois. They give all these big companies a reason to stay and do business in 09600161.doc 46  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 the State of Illinois. And like New York, where they did not leave after threatening to leave, Overstock.com, it would be my guess and I think the business communities' guess that they would stay here. This is an important piece of legislation and one that will help bring in needed revenues to the State of Illinois, one that's supported by small businesses around the State of Illinois. And it… one piece of legislation that should get 118 votes and I'd ask for its support."

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

"He indicates that he will."

"Correct. Correct."

"Right."

"Right." 09600161.doc 47  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"Right."

"Right."

"Right."

"Well, the way I understand how that works, Representative, is there's a scale of how much your… pay on your income tax, and you pay a percentage of that. And if you pay a percentage of that, let's say $50 thousand, it's like $33. That gives you a 10-year back exemption, it goes back 10 years."

"Right." 09600161.doc 48  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"Right."

"That's… Well, I don't…"

"Well, I guess someone… I guess you'll have to talk to the Governor on that. I don't know."

"The Governor's Office sat in on an hour meeting. He wasn't there, but the Governor's Office sat in on this."

"No."

"No." 09600161.doc 49  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"What… th…"

"Well, what I'm trying to do is generate income for the state. As you well know, we need it. And this… they're estimating, as Representative Osterman said, it could be as much as a $100 million. There saying $70 million. And…"

"Well, that's better yet."

"That's better yet." 09600161.doc 50  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"We're not including everything in the… our estimate that they included in theirs. That's why there's the disparity."

"No."

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

"Yes, he will." 09600161.doc 51  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"It's not FatWallet's responsibility. It's Amazon's responsibility."

"Yes, but they already are."

"As far as I know, I mean…"

"If they're domiciled in Illinois, they're paying it."

"But FatWallet is."

"That's true for that company, but…"

"Well, they've challenged it twice and the state court has… the courts have come down in favor of the state."

"It hasn't run the entire course, but out of the two cases that they've had, they've ruled in the state's favor both times."

"Further discussion? The Gentleman from Lake, Representative Sullivan."

"Further discussion? The Lady from Brown, Representative Tracy."

"He indicates that he will." 09600161.doc 54  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"They're responsible for collecting that tax."

"Right."

"Right."

"Right."

"Correct."

"Correct." 09600161.doc 55  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"Representative Sacia, your name was used in debate."

"This is… the whole intent of the litigation, Jim, and like I've said before in both cases, or when both trials they've had on this, or both hearings they've had on this, they've ruled in favor of the state. So, I don't think that there is a problem here."

"Well, we got one law firm that's concerned about this, Jim. I mean, if it… I think if there was, you know, more merit that there was…" 09600161.doc 56  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"The Illinois business is not going to be forced to pay any more taxes, Jim."

"Then they won't be charged then."

"Not any more than they are right now. They're paying right now. Well, they won't pay anymore than they are right now. They're already paying it."

"No. It's Amazon's responsibility to collect the tax and send it to Illinois."

"Yes." 09600161.doc 57  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"Thank you, Jim."

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

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

"He indicates he will."

"Thank you. I'm reading our summary and the one thing that caught my attention is… and I want to verify this. Is the effect of this legislation is to establish a nexus or a physical presence in Illinois for the retailer or servicemen that otherwise would not have one? Is that correct?"

"Yes."

"Okay. So, that's how… that would be the basis for collecting the tax."

"Right."

"Okay. Would it also then make them a legal resident of the state?"

"It would make them a retailer in this state."

"Okay. So, they'd have a legal standing as a retailer in the state, correct?"

"Right."

"As such then, they would be availing themselves to the… all the laws of the State of Illinois, correct?"

"I believe that is correct. I don't know, but I believe that is correct."

"I see this as a great expansion because if… what I'm looking at as an attorney, if I'm able to establish a nexus with a business that does business in the State of 09600161.doc 58  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 Illinois, that means that I would have jurisdiction then to go forward if I had a complaint to sue wherever the transaction would take place. Would that be correct?"

"We'll check on that."

"I think that's very important. I think this may be an unintended consequence of the Bill, but should this pass, I would think that this would extend the long arm statute of the law to the entire world. In one of the… may I give you this example, I'd like you to check on. For instance, if I wanted to fly to Singapore and I wanted to fly on Singapore Airlines, but they don't have a terminal or a gate in Chicago O'Hare, but I had to pick up the flight when I go to L.A. So, then I would buy my ticket online sitting at home in Marengo, Illinois, right? So that would be McHenry County. I get an e-ticket, which they… under this legislation, they'd be a retailer. Then if for some reason the flight… something bad happened on the flight, you know, they… something happened or a contract dispute, they canceled the flight, and as a result I lost my trip. I would then, under this Bill I think, be able to sue them in McHenry County, Illinois, though they have no physical presence whatsoever in the State of Illinois."

"I can't answer that, Jack."

"I think we need to find that out. Could we pull this out of the record and… or maybe Jessica can find out."

"Let's… Give us a minute here, Jack."

"Representative Verschoore."

"Okay."

"Representative Franks." 09600161.doc 59  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"Thank you. Thank you for the brief intermission brought to you by Singapore Airlines. So we had a brief discussion here and the… I guess the answer is it's open for discussion."

"It's open for discussion, but we don't… Revenue doesn't believe that it will be a problem is what they're saying."

"But are you aware… Are you aware of any ongoing litigation in other states that have implemented similar laws to this effect?"

"Well, like I said, in New York they've had a couple… tested it a couple times and in both cases they ruled in favor of the state being able to do this."

"Oh, I'm not questioning that at all. I think a state is able to do it. My only real question is though whether this will extend the long arm statute and I tell you, it'll change, literally, centuries of case law on how business has been done, because we are saying in this legislation that we are actually creating a nexus and physical presence in the state. I think it'll allow for an opening of litigation in this state."

"That's always a possibility I guess, Jack."

"Okay. All right. Thank you. I just wanted the Members to be aware of that. Some would think this is a good thing, that you'd be able to sue pretty much any company from anywhere in the world, anywhere in Illinois. I think lawyers in Madison County might like this the most, others might not like it as much, but I think it's a real issue that one ought to consider when placing a vote." 09600161.doc 60  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"Representative Verschoore to close."

"Like I said before, I'm looking for revenue for the state and I think this is a great way to get revenue for the state. Will there be challenges? If there is, I guess there'll be challenges. We'll just have to see if it holds up, but I would ask for an 'aye' vote. Thank you."

"The Gentleman has moved that the House do concur in Senate Amendments 1 and 3 to House Bill 3659. 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 Stephens, Representative Nekritz, do you wish to be recorded? Mr. Clerk, take the record. 88 voting 'yes', 29 voting 'no', 0 voting 'present' and the House does concur with Senate Amendments #1 and 3 to House Bill 3659. The Gentleman from Bond, Leader Stephens."

"Today, my…"

"Today my choice is to try and call as many of the Members' Bills and issues remaining on the stand… on the Calendar as we move towards the close of the Session."

"I look forward to working with you towards solutions."

"All four issues and many others. Mr. Clerk, on… House Bill 5420, Representative Currie."

"Thank you, Speaker. I move the House concur in Senate Amendments 1 and 2 to House Bill 5420. About a month ago, we created in this House a bipartisan special committee on Medicaid reform. The Senate did likewise. And we were hard at work. All the Members of the committee and the Department of Health Care and Family Services and the Department of Human Services and the Governor's health advisors, all through the month of December, and we think what we bring to you today is the result of an excellent experience of collaboration and cooperation. We think that we are going to improve health care and also create new efficiencies and new integrity in the state's Medicaid system with passage of House Bill 5420. Let me thank the director of the department, former Representative Julie 09600161.doc 62  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 Hamos, Mike Gelder, the two Senate cochairs, Dale Righter and Heather Steans, and especially my cochair Patti Bellock, not to mention all the Members of the committee. So, briefly, what the Bill will provide is that we are going to rebalance long-term care by virtue of encouraging more community placement. We'll have a unified budget, so that we know whether the money came originally from the Department of Human Service or the Department on Aging, what all those pieces are and we will permit the Governor to use his discretion to transfer money, up to four percent a year, from the long-term facilities to the community itself. As you know, we've had a very contentious issue for many years. Section 25 permits us to pay this year's Medicaid bills out of next year's budget. Over a 10-year period we will reform that system so that the Medicaid liabilities will be paid out of each year's appropriation. I think that will encourage greater integrity and fiscal responsibility on the part of the state. We will, in the All Kids program… we will verify income, not just with the single pay stub but with a reporting of a full month's of income. We will establish, indeed, that the individual does live in the State of Illinois and at the end of every 12-month period, we will actually verify, in person, that the individual still qualifies for the Medicaid program. When it comes to fraud and abuse, we are going to provide additional civil remedies… civil enforcement remedies and the department will look at a proposal from one of the committee Members from the opposite side of the aisle to think about using private sector resources to help us 09600161.doc 63  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 recoup dollars that rightfully belong to us. In the pharmacy program, we are going to agree with the retail merchants to cut the prompt pay penalty, to require prior approval and track utilization with some additional provider groups and in certain circumstances, the department may actually authorize a 90-day supply of particular maintenance medications which will save the state money in the long run. We have not done well in the state on the information technology front and in order to make the new system work, we have to invest real dollars in an improved information technology system. The feds happily will pay 90 percent of our information technology work. So, we will be hard at work on that over the next several months. In the All Kids program, we will, in the future, limit family participation to those whose incomes on an annual basis is under 300 percent of federal poverty. For a family of four, that's about $66 thousand, but people who are currently in the All Kids program above that limit will be able to retain participation until July 1, 2012. And then finally, by January 1, 2015, we will provide that 50 percent of our Medicaid clients are in a coordinated care program. That doesn't necessarily mean an HMO. There are many different models in which people are getting their health care through network service providers, some of them through hospitals, some through other kinds of provider networks. But what we have not done well in the state is to make sure that people get care that is coordinated, that is integrated. We have a fee-for-service system in which somebody may go to one doctor's today and a different 09600161.doc 64  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 doctor tomorrow. That is not the best way to contain costs, and it most certainly is not the best way to guarantee health care quality for our recipients. So, I think this new system, if we monitor it carefully, will in fact improve health outcomes. The whole Bill will improve the integrity of the state's Medicaid system, and I think we will find that there are cost savings to come. I would be happy to answer your questions. And I'd be grateful for your support for this concurrence Motion."

"The Lady has moved that the House concur in Senate Amendments 1 and 2 to House Bill 5420. And on that, the Lady from DuPage, Representative Bellock, Cochairman Bellock."

Speaker Mautino: "The Gentleman from DeKalb, Representative Pritchard." 09600161.doc 67  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

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

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

"She indicates she will."

"Representative Currie, as you may know, children's hospitals in this state now currently manage the care of the medically complex chronically ill children. Can you 09600161.doc 68  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 confirm that this legislation is not intended to change or limit the ability of those hospitals to manage the care of these very fragile children?"

"No. It is not intended to do that, but what the Bill does do is to say the department that they may contract with various entities including exactly the one you described to provide for coordinated care. So, I think… and I think Representative Bellock mentioned this as well, that we're hopeful that there will be all kinds of risk management groups that will come forward including networks of doctors, including those that are organized through the hospitals, as the one you described. There are many different models that show that you can provide quality care through a network at… and you can do so with better outcomes and at lower cost."

"Thank you, Representative. In addition to that question, I'd like to ask you another question. In the Senate, Senator Righter, who cosponsored this legislation with Senator Steans, stated that the primary problem facing Medicaid is the lack of access to necessary care for those who are truly in need, and in particular he identified the frightening lack of access for sick children. This legislation does not appear to address the lack of access to pediatric specialists for children insured by Medicaid. As we move into the future, Representative, it will be very important for us to ensure that the Legislature and HFS work to address this problem. In your view, will this problem be part of our longer-term plan to improve Medicaid?" 09600161.doc 69  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"I do hope so, and while this Bill does not deal directly with rates, I think it does deal with the underlying issue and that is that we have been so rate driven and so fee-for-service driven that we have driven some providers out of their willingness to provide services to people on the Medicaid program. But through networks, through coordinated care, I think we can bring those specialists back into the Medicaid program and that is really the hope of this kind of approach which would mean really redoing the way we've done business in Medicaid, but would do so in a way that I think will provide more access to quality specialists than we are able to do today."

"Thank you."

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

"Thank you, Mr. Speaker. To the Bill. Since utilization of Medicaid in my district runs about twice the average of the state, this has been a process that I've tried to follow very closely and watch very closely. So, I first of all want to extend thanks to Representative Currie and Representative Bellock for allowing some of us to come and, you know, audit their hearings. But more importantly, given the cost pressures that we're under to make substantial reforms, we could have enacted things here that could have hurt families in our state and their ability to get health care. Instead, thanks to the work of the committee, we have before us very sensible reforms that are not only going to save us hundreds of millions of dollars going forward but will actually, over time, improve the 09600161.doc 70  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 health outcomes for our families and improve the delivery of health care in our hospitals and to our primary care providers. So, I just want to thank the committee for their work and Representative Currie and Representative Bellock and ask people to vote 'aye' as well."

"The Lady from Cook, Representative Gabel."

"Thank you, Mr. Speaker. This is an issue that I have spent many, many years working on and it is very important to me. I think that historically, when we looked at the Medicaid program, the two things that we've always been worried about is, 'Are there enough providers in the system, and then what is the quality of care that the children and primarily women are receiving in the program?' I appreciate that this Bill is going to address those two issues. We're going to be looking at it. There are… have been some great ideas that have come out and we will be looking at those and implementing them and I think that it is going to be incumbent upon this Body to really monitor this program. I think in the past, when we tried to do managed care before, we had some serious problems and it failed dismally. So, I really want to encourage all of us to take this seriously, to continue to monitor it and I just… I have to say that, you know, the All Kids program was initially put out because we wanted to get rid of the stigma of a program, of having there be children who can just afford the program because of financial reasons and with All Kids, it was for every child in Illinois. So, I am a little disappointed that we weren't able to keep that, and that now only children up to 300 percent of poverty 09600161.doc 71  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 will be able to be in the program. It's also unfortunate because those higher income folks were actually paying the premium for the program. So, there really wasn't that big of a reason to take them out. So, I am disappointed about that, but I am excited about the new concepts and the new ideas of being able to do coordinated care and to really improve the quality and make sure that we have all the providers in the program. So, thank you to the committee for working so hard on this."

"Further discussion? The Lady from DuPage, Representative Senger."

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

Speaker Mautino: "Further discussion? The Gentleman from Menard, Representative Brauer."

"She indicates she will."

"That's right. On an annual basis recipients will have to come in and show that they still qualify for Medicaid."

"And as you know, we've changed the eligibility determination in the Bill. So, they'll have to show one month's worth of income and they'll have to show proof of Illinois residency, and they will have to show those same two things at the end of 12 months when there is a redetermination that they still are eligible." 09600161.doc 74  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"An active redetermination."

"There is not a new unit, but we are, in the Bill, providing for the opportunity for civil enforcement. Many times we have situations where the amounts of fraud are not great enough to encourage a state's attorney to prosecute and this will enable us to provide for small fines but also for recoupment in the event that somebody has been defrauding the system."

"And I will check with them to see whether they have found a way to reinstitute the activity, even if they have not reinstituted the specific department, but I appreciate your comment."

"I'm sorry. What will be after this is passed?" 09600161.doc 75  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"Right, right."

"Well, I can only tell you that I think for many of us the issue of making sure that the health care we provide is quality health care with good outcomes, but the department estimate is that this will save, over a five-year period, up to $775 million, almost a billion dollars over that five-year period. And many believe that in fact, if the coordinated care works as effectively as we hope it will, that in fact the savings will be far greater."

"Yeah. And in fact, actually, just one more point on… one more item on that point and that is, right now, if there's a pattern of abuse, you know somebody's going to a doctor five days in a row and getting Vicodin, for example, pretty clearly, that individual is not taking the medication, more likely selling it on the streets. Well, this Bill will expand the kinds of providers for whom that overutilization will trigger a decision by the department 09600161.doc 76  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 to limit that individual's access to those providers for that product."

"After the which?"

"Well, yeah. Again, the estimate varies, but yes, taking into account anticipated growth, but we do anticipate significant savings from the coordinated care part of the program, as well as efforts to stop over utilization, held the pharmacy prompt payment fee and so forth."

"It… this will be 300 percent of poverty."

"That's for All Kids. Yeah. For Medicaid, it's 133. I think for pregnant women it's actually a higher number, 185 is what sticks in my mind."

"Thank you."

Speaker Mautino: "Further discussion? The Gentleman from Peoria, Representative Leitch." 09600161.doc 77  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

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

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I, too, would like to take this opportunity to thank the Members of the Medicaid Committee on doing a fantastic job in regards to bringing up all the ills in this state in regards to Medicaid and to show that we haven't been doing a very good job across this state in regards to the continuity and the quality and the access of care for the people of this state. Now, a lot of talk has 09600161.doc 78  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 been stated on this floor… has been talked on this floor in regards to fraud, but we were talking about the fraud of the consumers, but what about the corporate fraud. So, I would like to ask the Lady, Representative, have we done anything in this legislation to deal with the scrutiny of corporate fraud, or is this…"

"We already have a very active program to try to go after provider fraud. And as you, yourself, noted in committee today, the Federal Government has been able to extract a very significant settlement from Caremark and from another health care company because they were in fact mischarging the State of Illinois Medicaid program for the products that they dispensed."

"And what…"

"So that is to a great degree already under control."

"And what about as far as the accreditation. Will the people… will there be some type of recertification? We have to have the people to be recertified, but what about the recertification of the program to make sure that the original owners of the program is still the owners of the program and they're still living up to what they should be doing. What type of mechanism is in place for that?"

"First of all, if it is an insurance entity, the Department of Insurance will continue to monitor. If it is not an insurance company, an HMO, then it will be up to the Department of Healthcare and Family Services to make sure that the care is quality care, that it is appropriately and adequately delivered, and that the people who run the program are the ones with the credentials that they were 09600161.doc 79  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 given the contract in the first place. That will be part of the contracting arrangement, Representative. But I think we all know this is a program that we're going to have to monitor ourselves and several Members of the committee raised questions about care coordination. I think that this is a brave new world for the department and for us, and I think it behooves all of us to monitor what happens next, closely and carefully."

"And how will we also monitor, Representative, the wasteful overspending from the companies that will be charging back to the state?"

"Well, I'm hopeful that we will be making good contracts and that most of them will not be with the for- profit sector, but as we've talked earlier, with hospitals, with doctor groups, with not-for-profits, that are prepared to do the network of care that can actually prevent hospitalizations can encourage a better outcome than the traditional fee-for-service arrangement."

"We had a gentleman to become before our committee from an organization called SAS and that was his job. His job was to catch fraud and I asked him a question. I asked him how many people had he captured and how many companies had he captured and how much monies had he saved the state. He could not answer none of those questions. That concerns me, Representative, because we paid him a contract to give us the information in which we need in order to protect our constituents. But let me just say something else in regards to the passive redetermination. That was not our idea as Legislators. That is that our constituent's idea 09600161.doc 80  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 who was in need of this service. That was the previous Governor's idea because he had bigger plans for himself. So, it was the agencies that was making it easy and allowing people… according to the Auditor General's report, it was the agencies who was making it easy for unqualified people to reap the benefits of this state. And as a result of that, that was a burden that we all have to bear today. So, I resent the fact that a lot of people are blaming the very people who are going to be in need of these services. And also I need to say, that this system is not prepared because we do not have the technology. Yes, the hospitals are ready. Yes, the doctors' offices are ready, but our Medicaid offices are not ready because the agencies cannot communicate with each other. I will be voting 'no' on this legislation, but I will be working with anyone who want to change this. I think it would be a lot easier if we were to implement a single payer health care system where we could negotiate for everyone because the emergency room will… the very people that we're going to carve out, that 50 percent, those people will still be seeing a doctor in the emergency room, the same emergency room that you and I will be going to, the same emergency room that the people on Medicaid will be going to. The people who are uninsured, cannot afford the insurance, will be going to those emergency room and guess who’s going to be paying for it, Representative? So, once again, I want to commend you and I look forward to constantly and continually working with you. Thank you." 09600161.doc 81  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

Speaker Mautino: "The Gentleman from Morgan, Representative Watson."

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

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

"She indicates she will."

"I had a few questions regarding, and I apologize, I'm a little under the weather. You talked about in your opening remarks the practice of back billing and eliminating it, which I am in favor of, I think that needs to happen. What will be the process in which… with over the 10 years will the back billing process stop? So, for instance, if a provider… I assume that it will stop immediately, and then we have a log of bills from the previous year. How will they be rolled out, paid, whatever the course may be, and what is the implications on that on 09600161.doc 82  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 our budgetary process, because at some point we have to pay those?"

"Well, the legislation reads that in 10 year's time, there will not be an opportunity to go beyond last year's appropriations. You'd still have the four month lapse period, but it would be this year's appropriations paying for this year's Medicaid bills. So, yes, it's going to require a lot of all of us to make sure that we can be ready in 10 year's time to treat our Medicaid bills the way we treat all the other bills that are due and owing providers of services in every area of State Government right."

"Well, maybe… I understand that. But what… let me… I'm going to be very specific here. You just said that in this year a provider will bill a hospital, physician, whoever, that this year's budget will pay for this year's billing. That's correct."

"In 10 year's time we will have reverted to a system in which there will be a four month lapse period, but what pays those bills will be this year's budget, not next year's budget. Today… today under Section 25, a lot of our Medicaid liability in this fiscal year actually becomes the responsibility of the budget approved for the next fiscal year. That's not the right way to run a railroad."

"No. I'm not disagreeing with you, Representative Currie. I just want to be very understanding… very specific on the providers who've provided treatment for this year or last year, and that it's been back billed and 09600161.doc 83  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 considered. Now, when is… when and what I'm hearing is is that that process will not stop this year."

"That's right."

"Okay. So, the General Assembly, and I think people need to understand this, the General Assembly has a responsibility within 10 years to come up with a solution for this back billing process of those who are going to pay those providers who have provided services already."

"Right."

"Is it the potential that those services that have been provided, let's say today, will be stretched out for this amount of time?"

"No. No, no, no, no, no, no, no. And that's not been the practice, but the practice has been that we'll pay the… this year's… some portion of this year's bills out of next year's spending appropriation. And that… So, it's not that that's going to stretch out for 10 years. It’s that over a 10-year period, we're going to reduce the number of bills that are relying upon next year's funding in order to make sure those providers get paid."

"No, I understand that, but once again, you're projecting something in the future where potentially could have some devastating effects or some effects to our future budget. Particularly, if this year a tax increase is passed, there's going to be additional budgetary pressures as we move forward as these bills are eventually taken care of, even though the rolls of Medicaid should decrease with this legislation, similar to the phenomena that we've had with our pension system and our accelerated payment system. 09600161.doc 84  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 Is that pretty accurate what will happen within the next decade?"

"Yeah. There is a schedule… I mean, I think that the… your description of what's been happening is absolutely right, but if you look on page 24 of the Bill, there will… there's a specific reference year by year to how much can come out of the next year's appropriation."

"And then what…"

"So, we're going to have to learn to live with it."

"Once again, I think that's fantastic, but it's just very important to realize those pressures will be on the cake. The second point was access to care. I heard several Representatives talk about access to care, in particular with the coordinated care system. It's a coordinated… are patients going to be assigned to a particular coordinated care system based on availability, based on disease state, or based on proximity to their particular provider? Is there a possibility that some patients may be… may travel, for a primary care physician or hospital, miles just to be seen?"

"I don't think that will happen. There's no guarantee in the legislation, but the department will make contracts with various providers of risk based care, coordinated care, and again, I think you've heard from some of the comments on this floor that this is a brave, new world and it will behoove each and every one of us to monitor closely how effectively those care networks actually operate."

"Will the…" 09600161.doc 85  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"So, the effort will be to find medical homes close to where an individual lives and that the people who provide service in the network will be available, accessible, and will provide quality care."

"Okay. Since dealing with the access to care, will the department decide exactly on where patients are being assigned, or will the patient have the opportunity to decide on where they would like to go. So…"

"I imagine…"

"…in a new model system…"

"Yeah."

"…for instance, where I live and represent, there are not many health care providers. Is it a possibility that they would have based on… be able to appeal them being into somewhere where there's difficulty in travel to a provider?"

"There will be client choice. At the end of the day, if the client fails to choose, the department will have the option of assigning that client to a medical home."

"Okay. Next question and I appreciate the Body, prompt payment. There's been… I see that the interest in regards to prompt payment has been reduced."

"For pharmacists."

"For pharmacists."

"Only."

"And it still continue with other providers."

"Right."

"Two percent, which is nominal…"

"Right." 09600161.doc 86  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"…for most providers."

"Right."

"Has there been any talk on terms of accelerated payment cycle to these providers? One of the reasons with lack of access to care is one of… as a health care provider has been when you wait 60, 90, 180 days for payment, that is a disincentive to take a third less or whatever less than your fee. Is there any talk, any indication in this legislation that providers will be paid promptly with any dedicated funds, any particular funds that could help them to increase access to care to their patients?"

"There's nothing in this legislation that does that, but that's certainly a continuing topic of conversation within the Assembly and within the administration. Currently, under federal rules for federal financial participation, we are required promptly to pay hospitals, doctors, and nursing homes, and we do."

"Well, if I remember, to receive the federal stimulus dollars we had to pay the docs down 30 days. What that did was cost shift… our social service providers to finance. So, now that the federal stimulus dollars are over, is it… the discussions with the department or the industry or with… within this legislation that providers will be paid in a decent amount of time to address this phenomena in terms of access to care to try to get more providers."

"There was not a specific discussion nor specific language except that, if we change Section 25, we will not be able to wait 'til the cows come home to pay the providers." 09600161.doc 87  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"Last question and I appreciate the indulgence. There was conversation by other Representatives talking about paid for performance. I have some concerns with that because everybody doesn't come in with the same health state, disease state, access to care, education and all kinds of factors that predicate on somebody's health care. Is there… what indicators or what model is being used in terms of pay for performance? It's an addition, particularly, if cost savings are the end of the road, then there could be some sense of impropriety of lack of access to care when pay for performance is… when pay is incentivized to try to reduce your costs."

"And that's, I think, why this whole program will need careful monitoring, but when they talk about pay for performance, I think the idea, if you have a network here dealing with patients with the same kind of demographics, the same background issues, and these people are finding it possible to control their diabetes, control their hypertension, control their weight, and over here a similar seeming network finds its clients are spending a lot of time in the hospital because they aren't able to do that…"

"And I guess one point…"

"…that's that's pay per performance."

"But one caution I want to remind you is that in the South Suburbs there's an issue in regards to, particularly, African-American women with higher incidences of breast and cervical cancer. Now, some of that is due to the doctor's ability to screen, some of that is due to the medical equipment that's available, some of that is due to access 09600161.doc 88  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 to care versus in other parts of Cook County. And so when we talk about pay for performance, you have to be very careful because in terms of access to care, once again, everybody is not equally situated. Everybody has this maybe higher prevalence in certain diseases and disease states and the mere fact of the matter is, is that has to be and who… And my last question, who is monitoring…"

"It'll be…"

"…in terms of access to care?"

"It'll be the department and as I say, I would hope that they would find networks that are dealing with similarly situated populations before they determine that somebody is not performing up to snuff."

"And I guess my final point would be that if it is some discrepancies, particularly when we talk about breast and cervical cancer and the discrepancies in terms of race and geographical boundaries, that the department does look at why these differences are there, why is there… and what can they do to augment… to help the better outcomes of these patients. To the Bill. I want to commend Representative Bellock and Representative Currie and the Members of this committee for their leadership. I, unfortunately, was not involved with it direct, but some of the points I want to bring out are very important as we move forward in terms of trying to reform our Medicaid system. Folks, this is not the answer to all of our questions. It's clearly…"

"I would ask the Members to bring the noise level in the Chamber down, please, the Representatives…"

"Excuse…" 09600161.doc 89  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"To the Bill."

"Excuse me. I'll close. This is not the panacea to all of us solving all of our problems, but it is a step in the right direction that needs to be supported. And for those who have at least heard some of my comments, I wish to make sure that these issues are addressed in the future in terms of access to care, in terms of trying to help incentivize providers to participate, in terms of understanding the differences between racial and geographical boundaries, in terms of some of the things that need to be done, not just looking at the terms of cost savings, which is important, not in terms of reforming the back billing process, which is important, but also looking at a total comprehensive care of individuals as we have a better health in the State of Illinois. Thank you for everybody for listening."

Speaker Mautino: "Representative Bellock, are you seeking recognition?"

"No one seeking recognition. Majority Leader Currie moves the House concur in Senate Amendments 1 and 2 to House Bill 5420. This is final action. All in favor vote ‘yes’; opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mell, do you wish to be recorded? Representative Stephens. Mr. Clerk, take the 09600161.doc 91  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 record. 111 voting ‘yes’, 4 voting ‘no’, and 2 voting ‘present’ and the House does concur in Senate Amendments #1 and 2 to House Bill 5420. Supplemental Calendar #1 appears House Bill 5727, Representative Biggins. Mr. Clerk… Representative Biggins…"

"…on a concurrence Motion."

"The Gentleman moves…"

Speaker Mautino: "…and the House does concur in Senate Amendment 1 to House Bill 5727. No one seeking recognition… Excuse me. The Gentleman from Lake, Representative Mathias."

"He indicates he will."

"Further discussion? The Lady from Will, Representative Kosel."

"To the Bill."

"Further discussion? The Gentleman from Bond, Representative Stephens."

"Representative Biggins."

"The Gentleman has moved the House does concur in Senate Amendment #1 to House Bill 5727. This is final action. All in favor vote 'yes'; opposed vote 'no'. The 09600161.doc 94  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lilly, Connelly, Miller, Mitchell. Representative Winters and Tryon, do you wish to be recorded? Representative Tryon, do you wish to be recorded? Mr. Clerk, take the record. 75 voting 'yes', 37 voting 'no', 4 voting 'present' and the House does concur with Senate Amendment #1 to House Bill 5727. Page 5 of the Calendar is Senate Bill 44, under Senate Bills-Second Reading. Representative Yarbrough. Mr. Clerk, read the Bill."

"Excuse me, Mr. Clerk. Would you take that out of the record. Page 5 of the Calendar, under Senate Bills-Third Reading, is Senate Bill 3539. Representative Yarbrough. Please move this Bill back to Second Reading for the purposes of an amendment. Representative Yarbrough on Floor Amendment #1."

"Yes. Mr. Speaker, Members of the House, this Amendment abolishes the death penalty in Illinois and I would like to debate the Bill on Third Reading."

Speaker Mautino: "Lady has moved the House adopt Floor Amendment #1. All in favor say 'yes'; opposed 'no'. Opinion of the Chair, the 'yeses' have it. And the Amendment is adopted. Mr. Clerk, further amendments?"

"Third reading, and read the Bill."

Speaker Mautino: "The Lady from Cook, Representative Yarbrough."

"Thank you, Mr. Speaker and Members of this august Body, today is historic for Illinois. We are about to take a momentous step to right a major wrong and for the good in the tragic story of the death penalty. Let me briefly touch on why this is the right move for us today. There is no better reason to end the death penalty now than innocence. We put 20 men on the death row, who shouldn't have even been there. That's 20 lives ruined when one is too many. This is the second highest number of exonerations in the United States. We heard a lot recently about not having enough time about this issue that we're rushing it through, but let me give you some other times to think about. Those 20 men on death row spent about 250 years on death row. Think about that. That's how long we've been a nation. We put executions on hold for 10 years because of problems with the system. For 10 years, we've studied the issue with parties on both sides. We’ve had hearings, commission report, debate while lives are simply torn apart. And yet today, we still put innocent men on death row. We know today that this system is broken beyond repair. We must end it now. Critics also like to argue that reforms have worked to fix the flaws in the system. And they are just plain wrong. Ask Natson Speil and Ronnie Kitchen if reforms have fixed the problems. They were wrongly sentenced to death row and released more than a year ago. The death penalty doesn't work because it can't work. There are humans involved in this system and 09600161.doc 96  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 we are not perfect. Let's talk about costs. The death penalty is extremely wasteful at a time where we can't afford any more waste. We spent at least $20 million a year solely on capital cases. That's over $100 million in seven years, and not one person has been executed. Let's instead put that money where it really matters. Let's give law enforcement some training that they need to wage the fight against crime. Let's give victims of these heinous crimes the support and services that they long deserve. Let's talk about these complaints that we're not being tough on crime here. In the gallery today we've got Randy Steidl. Where are you Randy? So, Randy is the exoneree and he served a dozen years on death row and 17 years behind bars for murders he didn't commit. There he is. Tell him you're sorry. Tell him you're sorry. Life in prison without parole is the answer here, people. It's the law of the land. It's what Randy says is the real punishment because he's lived through it, locked up in a small cage for the rest of your life to think about a future of nothing. I know I believe Randy because he's lived this nightmare. He knows death is a way out. Finally, let's talk about what this is really all about. We've seen this Legislature and the state struggle for the right answers for a long time now. We've paid dearly for it. We're at a crossroads now and ready to change it. Let's send a message to people across the state and around this nation that Illinois isn't a laughing stock anymore, we got it right on this issue 10 years ago, shining a spotlight on a broken system. Now is the time to finish 09600161.doc 97  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 the job. Stand with me today and in the death penalty and make this historic vote. This is the right move at the right time for the right reason. I ask for your strong support for Senate Bill 3539 today. And I'm happy to answer any questions."

"The Lady has moved passage of Senate Bill 3539. And on that question, the Gentleman from Cook, Representative Zalewski."

"Thank you, Mr. Speaker. To the Bill. I have the utmost respect for the Sponsor of this legislation. And in a vacuum I could understand the sentiment behind it, but unfortunately in Chicago, and throughout the state, we don't live in a vacuum right now. In Chicago and throughout the state, first responders, police officers, are frankly on the front lines and being targeted and I think it’s the wrong signal to send to them to reduce the penalty for killing a police officer. Again, I have the utmost respect for the Sponsor and I think that, you know, we have a lot of work to do on this issue, but at this time I can't support her Bill. And Mr. Speaker, if she gets the required number of favorable votes, I'd ask for a verification."

"Yes. Your… There has been a request for a verification and that will be granted. Further discussion? The Gentleman from Winnebago, Representative Sacia."

"She indicates that she will."

Speaker Mautino: "Representative… Representative Eddy is seeking recognition. Next…"

"Please grant an additional five minutes." 09600161.doc 100  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

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

"She indicates that she will."

"No, I didn’t say that."

"I didn't say they were innocent being on death row."

"They might be."

"Don’t know. I don't know."

Speaker Mautino: "Further discussion? The Gentleman from DeKalb, Representative Pritchard."

"Further discussion? The Lady from Cook, Majority Leader Currie."

"Thank you, Speaker and Members of the House. I, too, rise in support of passage of Senate Bill 3539. Yes, there are heinous crimes and yes, heinous crimes shock the conscience of the community and yes, we want justice, but let me tell you that a heinous crime in one county may get 09600161.doc 107  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 the prosecutors asking for a 10-year sentence, if the individual is convicted. The very same crime in another county may result in the request for the death penalty. The decision to have the death penalty in one case but not another that's a random decision in the State of Illinois. Counties and crimes are all over the map and a system of random death penalties is no way to run a criminal justice system. And there's another problem with the randomness of the death penalty and that is people who are poor and people who are members of minority groups are a whole lot more at risk of being socked with the death penalty than people who are members of the majority and people who are affluent and that is no way to run a criminal justice system. Many believe that the death penalty, were it a deterrent, might be worth having, but I'm here to tell you that study after study shows that the presence of the death penalty is no deterrent whatsoever. Most people don't know whether the state has a death penalty or whether it doesn't and most criminals go about their life of crime anticipating that they will not get caught, that they will face no penalty whatsoever. So, in my view, no deterrence means that there is no point in having the death penalty if you want to influence peoples' behavior. I fully support Representative Pritchard's analysis of closure. It is not closure for a family to wait 20 and 25 years for the final imposition of the death penalty. Life in prison without parole brings that closure soon and it brings that closure at a great deal less expense to all of us. Pursuing capital cases costs millions and millions of dollars and I 09600161.doc 108  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 believe, in my heart, that killing people is wrong and I think killing people at the hands of the state is wrong as killing an individual at the hands of another is wrong. I would invite the Members of this chamber to join our colleagues in New Mexico and New Jersey. In both those states, recently, the death penalty was abolished. There is too much uncertainty, too much randomness and too much likelihood of being wrong for the death penalty to continue in the State of Illinois. I hope you will join me in supporting passage of this Bill."

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

"She indicates that she will."

"No."

"I know that they would…"

"I know that they probably would go to Tamms."

"Will the Gentleman bring his remarks to a close." 09600161.doc 111  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"Representative Reis."

"Gentleman yields his time."

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

"Thank you, Mr. Speaker. Ladies and Gentlemen, today marks the end of a long and difficult journey for me on the issue of the death penalty. Many of you may recall that I was one of the last Members in this chamber to pass an expansion of the death penalty. In fact, there was no issue that I was more passionate about than that one issue. Throughout my entire life, I've been a staunch supporter of the death penalty and a firm believer in the justice it serves and the punishment it represents for the worst of the worst in our society. I still believe that to be true. 09600161.doc 114  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 I want to leave no doubt that I feel no compassion or see any value whatsoever in the lives of the truly guilty on death row. I could administer the death penalty myself to a cop killer or a serial murderer and sleep like a baby at night, if I knew without a doubt of their guilt. As a matter of fact, I believe that our current manner of executing the guilty in Illinois is much too compassionate and shows respect for life where the killer had none. I believe that a sanitized death is too kind and that the guilty should die in a manner much harsher, truer to the crimes that they committed. I know that this may sound cruel to some of you, but it pales in comparison to the cruelty inflicted upon so many innocent victims by these murderous animals. But this debate for me is no longer about whether or not guilty killers deserve to die for their crimes, they do deserve to die, they do. However, over the 10 years that I have served in this chamber and having to acknowledge the indisputable fact that we have exonerated more innocent people in Illinois than we've actually executed, recognizing the fact that we have advanced only a handful, at most, of the many reforms necessary to ensure that we fix the system, and acknowledging the fact that we are human and prone to making mistakes, no matter how honest our intentions, I have come to realize that in order to ensure that justice is served in the form of death to an evil cancer in our society we must accept the possibility of executing an innocent person. I'm not okay with that and none of us should be okay with that. Illinois has the worst record in 09600161.doc 115  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 the country when it comes to getting it right. We've come horrifyingly close to executing innocent men and it could happen again. Every time we punish an innocent man, we're rewarding a guilty criminal by allowing them the freedom to continue to harm others. This is not being tough on crime. That is why for the last five years, I've led the charge with your help to pass felony arrestee DNA. It shamefully stalled in the Senate. DNA will help us punish the guilty and exonerate the innocent, yet it shamefully stalled in the Senate. Over five years of trying hard and we still can't pass this sensible and necessary reform measure. I see little to no hope of passing the multitude of other reform measures recommended to fix our broken death penalty system. State's attorneys across this state and this General Assembly must do much more than has been done to address the 85 reforms measures that have still not been passed and that are necessary to lift the moratorium. At this pace, if it takes us five-plus years to pass a sensible tool like felony arrestee DNA, how long is it going to take to tackle the rest of the reform measures? Folks, my journey has been difficult and it's been wrought with self challenge and self reflection and self-doubt; however, over the years, I challenged myself to get out of my comfort zone and I did so when I personally met with death row exonerees. Four years ago, Chicago Alderman Joe Moreno, introduced me to Madison Hobley, one of the John Burge torture victims. Three years ago I met with Darby Tillis. These men were innocent. They were wronged by all of us because their wrongful convictions were on behalf of 09600161.doc 116  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 the people of Illinois. Speaking to them and hearing their horror stories of being hours away from execution made me reflect on my own beliefs regarding our ability to apply the death penalty in a fair and error free way. I believe it can't be done. I can no longer stomach the idea of potentially executing an innocent person in order to ensure that the guilty pay for their crimes. That is why today I rise in acknowledgement of the fact that our death penalty system is broken beyond repair and that the right thing to do is to abolish it with the understanding that those who are on it today should be remanded to spending the rest of their lives behind bars with no chance of parole. Life with no chance of parole may not satisfy my or victim's emotional desire for justice, but it does meet our responsibility of keeping society safe from these animals. It means that their punishment will result in death but in jail and away from society. In the event that our criminal justice system once again wrongfully convicts an innocent person, there is still a chance…"

"Representative Berrios."

"Thank you, Mr. Speaker. I'd like to give Representative Mendoza my time."

"Grant the Lady five minutes."

"Thank you."

"In the event that our criminal justice system once again wrongfully convicts an innocent person, God forbid, there is still a chance that that wrong can be righted. With death, that is not possible. I understand that this is a very, very personal, controversial, emotional issue 09600161.doc 117  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 for many of us, and I respect each and every person in this chamber's position, but for those of you who are on the fence on whether or not to vote for this, I hope you can understand my reasons and consider voting 'aye'."

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

"Thank you, Speaker. To the Bill. This is not a convenient piece of legislation. It's not an easy piece of legislation. It is a difficult issue to talk about and to think about. As a son of a law enforcement officer, who spent 25 years in the Cleveland Police Department, when I heard about cop shootings I wondered whether or not it was my father who might have been shot that day. And I empathize with the families of victims and with their plight, but the simple fact of the matter is this, that the death penalty is not applied equitably across our society, that the application of the death penalty, in fact, in many cases, enforces many of the inequalities that currently exist in our society, that if you live outside of Cook County, you are more likely to be sentenced to death than if you live inside of Cook County, that if you're an African American who kills a white victim, you're more likely to be sentenced to death than a white person who kills a black person, that if you're low income, if you are uneducated, that you're more likely to be sentenced to death than someone who has more education and more money. That simply does not comport with our notion of what a just society is. It is not fair and it is not right. I leave… I don't want to talk too long, because we have a lot of 09600161.doc 118  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 people who want to speak and I will sit down, but I probably will cost the Sponsor votes by quoting a French philosopher, but I think Albert Camus comments on this are applicable. No government is innocent enough or wise enough, or just enough to lay down to so absolute a power as death. I urge an 'aye' vote."

"Further discussion? The Lady from Brown, Representative Tracy."

"Indicates that she will."

"No."

"Further discussion? The Gentleman from Bond, Representative Stephens. The Gentleman from McLean, Representative Brady." 09600161.doc 120  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

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

"Thank you, Mr. Speaker. To the Bill. Like Representative Mendoza, I was a strong proponent of the 09600161.doc 121  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 death penalty for many years, but the fact is the death penalty has not been enforced in this state for the last decade, yet it still costs us over $100 million. Regardless of the outcome of today's vote, if the death penalty won't be enforced for at least the next four years because the Governor has said he will continue the moratorium. So, it's going to continue to cost us tens of millions of dollars just to keep it on the books, but not enforce it. Now, I call your attention to today's Tribune, which basically says we can't fix it and the punch line is in today's Tribune editorial Illinois taxpayers are wasting millions of dollars preserving a judicial remedy we don't trust and don't use. I think that says it well. It's too expensive, it’s too inaccurate, 20 innocent men on death row. It's too arbitrary, and most or the world has done away with it and a growing number of states. And I think Illinois would be better served by taking off the books a remedy we no longer use and no longer trust."

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

"Thank you, Mr. Speaker. Like some of the previous speakers, I've really been a strong supporter of the death penalty probably up until this year. I come from a background where my father had been in various law enforcement offices throughout the years, I… my favorite brother-in-law was a Texas Policeman. I long believe that those who committed heinous crimes that they should actually be punished by almost the same type of thing. I had a strong vengeance attitude, I guess. But in this past 09600161.doc 122  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 year, I sort of remembered an adage that one of my favorite college professors had told us in discussing the whole atmosphere of crime and punishment and why we have a Bill of Rights, and so forth and that is that our system believes that it's better that 10 guilty go free than one innocent be wrongly punished. This year, as I read about cases particularly coming out of Chicago through the Innocence Project that various individuals had been wrongly imprisoned and we're on the death penalty agenda and then this week I happen to meet one of those individuals in person. He was a person from downstate Illinois. He was imprisoned for 13 years, 12 of those years on death penalty, I believe, and he twice was destined to be executed and through whatever circumstances happened, escaped that fate. And as I talked to him, I could not believe that if I were in his shoes, I would not be a very bitter and angry person, but maybe that's my personality and it's different than his. Somehow he was able to reject that type of personality and instead go out and then spending his life trying to do away with the death penalty. Because of that circumstance, where one innocent person… and we have to think about this, as I would think if someone in my family or close friends had been a victim of a heinous crime and how I would want to be the one actually to pull the lever to execute him, on the other hand, what if some member of my family or my close friends were an innocent person that had been condemned to death and actually had been executed, how I would feel. And so, my view on this has changed. It's changed rather reluctantly 09600161.doc 123  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 in a way, but it has changed. That if we were to execute one innocent person, it would not be worth it. And as for those who commit heinous crimes, from what I have… understand from my friends in… that work in the prison systems and so forth, that those folks are detested by other prisoners and often become the victims themselves of a prison execution or beatings and other types of activities. I don't think life in prison without parole for a person with any kind of intelligence, thinking back every day of what they did and how they got there is not a fitting punishment. And with that, I intend to vote 'aye' on this Bill."

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

"Thank you, Mr. Speaker, Ladies and Gentlemen. I rise in support of the Lady's Bill. It's clear that this is a very difficult issue for all of us. For some it's very clear how to vote, for some it isn't, but it's certainly difficult. There's politics involved here, there's old style ways of thinking, there's new style ways of thinking. We all have a different way of coming about this particular issue of the death penalty. We've heard a lot on the floor about we should not put an innocent person to death, of course we should not put an innocent person to death and I wouldn't submit that anybody who's for the death penalty is for that, but that's part of the point. Much of the commentary that we've heard on the floor today from people who still favor the death penalty, they raise the issue of these very ridiculously violent and horrible crimes. We 09600161.doc 124  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 heard the word heinous crimes. And you could raise many, many issues and many cases over the years about terrible crimes that have been committed and makes your blood boil and makes you want to get vengeance and makes you want to get retribution, but our criminal laws should not be about vengeance and our criminal laws should not be about retribution. Our criminal laws should be about justice. And while there may be some that indicate that the death penalty is about justice, the truth is that a lot of the crimes that are committed are crimes of passion. And because they're crimes of passion, nobody stops to say before they commit the crime, oh, wait, I better not commit this crime, I may be given the death penalty. And so, the thought that having it out there has a huge impact on the actions of those who have not yet committed crimes who might think their way through to the end and say I better not commit this crime because I may get the electric chair, I don't think too much of that happens. And despite the fact that I heard at least one person discuss their point of view, that there are studies that say that this somehow works, I have yet to see such a study. In fact, every study I've seen has gone the opposite way. We've put innocent people to death. It's that simple. We have new technology all time where DNA evidence and other kinds of technology where we find out that people who are in jail, whether they've been… the death penalty or not, did not commit the crime. Given that, and given our responsibilities to protect the innocent above all, above all, our responsibility is here to protect the innocent. 09600161.doc 125  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 How can we then allow a system to perpetuate itself where we run any risk of not protecting the innocent? Even those of you that want to protect the innocent victims of crime must know that putting someone to death for committing that crime, even if you know they did it, is not really giving that person justice. It's simply a matter of retribution and vengeance. Finally, I would say that many on the floor are religious, they read their Bible. Many are very concerned about what the good book says about all of this and no matter what religious tradition we come from we understand that there's something out there called the Ten Commandments and one of those commandments says thou shall not kill. It doesn't say thou shall not kill unless it's a heinous crime and we're punishing someone. It says thou shall not kill. And so, you either believe in those words or you don't believe in those words. You either believe in those words all the time, even when it's not convenient for you politically or you don't believe in those words all the time despite your political concerns. It's a simple calculation. We either believe that or we don't. We either believe that the innocent should be protected above all or we don't. I intend to support the Lady's Bill and I urge you to do so as well."

"Our final speaker from the county of Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I rise in support of the Lady's legislation. Statistics have proven that there's no deterrent to crime by having a death penalty as a sentence. It does not deter the crimes of passion; it does not deter 09600161.doc 126  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 the strong criminal minded. Last year, we had a severe and heinous crime against a news personality's parents, both kidnapped and murdered. And the first thing the victims' son said was I forgive them, even before he knew who the perpetrators were. So, not all victims and their families seek death for the perpetrators. There can be a worse punishment than the death penalty, being kept from a loved one who's dying, as you sit in a federal prison, might appear to be a punishment much greater than the death penalty. I believe, Ladies and Gentlemen, that murder is barbaric, whether it’s committed by an individual or whether it's committed by a state. Illinois is one of the few remaining states who continue to keep on its books the death penalty. I commend the hard work of Representative Yarbrough. I believe if Representative Washington was here, he'd be on this Bill with her. I commend the work of Representative Barbara Flynn Currie and all of those who worked. Let us remember in the State of Illinois that what we do not only affects our pocketbooks, and it's truly affected by the death penalty laws, it is not a deterrent to crime, it is barbaric, it is time we ended the practice. Vote 'aye'."

"Representative Yarbrough to close."

"Thank you, Mr. Speaker, and to all of my colleagues have… who have labored with me through this process, because this truly has been a labor. I haven't always been in the place that I am today. I kind of was like Susana Mendoza. I didn't really think so much about this practice except that I just figured that people who 09600161.doc 127  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 did bad things needed to have bad things done to them, but that's not right. And so, I've had to stretch and I've had to learn, and I've had to understand and I've come a really, really long way. When I was asked to carry this Bill, I was kind of… had to sit down for a moment and I said, well, I'll vote for the Bill, but they said we want you to carry the Bill. We think that you can carry it; you've got the passion for it, and I said, well, I… I'll support the Bill if somebody else carries it. It's a tough issue. This has been tough for me. I've anguished over this whole ordeal for years, and then here we are in 2011 to start the year off. I'm not a lawyer, but I've talked to lots of lawyers. Since I'm not a lawyer, you know I'm not a prosecutor, but I've talked to lots of prosecutors. I've met many people as I've traveled this road. One person I met was Scott Turow. I've read all of his books. He's a fascinating man. He's not here to speak, but I want you to hear his words. And I believe he was on the Ryan Crime commission. Is that correct? Yes, he was. And he says, Americans have never asked the right question about the death penalty. The issue is not whether there are horrible cases, where the penalty seems right, the real question is whether we will ever design a capital system that reaches only the right cases without dragging in the wrong cases, cases of innocence or cases where death is not a proportionate punishment. Slowly, even reluctantly, I have realized that the answer to that question is, no, we never will. I also met Scott Lassar just the other day. And he came in my office, and some of you lawyers and 09600161.doc 128  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 prosecutors here, I guess you know him, and he sat in my office and he told me, too, some of the same stories and some of the same things. He's a former prosecutor. So, he's not here to speak, but he said the clear and profound conclusion is that no prosecutor needs the death penalty in order to enhance safety in his or her jurisdiction. Most prosecutors consider the use of the death penalty unethical anyway for good reason. It's just one more cause of wrongful conviction. So, if it's not an effective law enforcement tool, it doesn't deter crime, we're not able to prevent accidental executions of innocent people, they're carried out as staggering costs to the taxpayer, if race plays a role in determining who lives and who dies, if the death penalty is applied at random, if the United States is keeping company with notorious human rights abusers, and if millions of dollars can be diverted to other programs that will really help these folks, who will really help the murder victims' families, and I've talked to them, they've come to my office, they asked me to carry this Bill. The death penalty, as Representative Lou Lang said, main objective should be justice, not revenge. Revenge has no place in our system. That the system is fallible and the fact that is, for the most part, we've seen hard wired for revenge in many cases. I've spent a lot of time with the advocates. I've spent a lot of time with people who have been on death row. Twenty people exonerated, 10 years on the moratorium, today is the day. Vote 'yes'. Thank you."

"The Lady has moved passage of Senate Bill 3539. There has been a verification requested, so all 09600161.doc 129  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 Members please vote your own switches. All in favor vote ‘yes’; opposed vote ‘no’. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative DeLuca, Dunkin, Thapedi, do you wish to be recorded? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. Representative Yarbrough."

"Yes. Mr. Speaker, may I place this on Postponed Consideration?"

Speaker Mautino: "The Lady has asked for Postponed Consideration. Postponed Consideration is granted. The Gentleman from Jackson, Representative Bost."

"Certainly, Sir."

"The Gentleman from Cook, Representative Ford is seeking recognition."

"Order of personal privilege. Members of the House, I rise so that we can offer a happy birthday to Johnny Blue, the man that shines the shoes in the chamber. Please join me in wishing Johnny Blue a happy birthday."

"Happy birthday, John. The Lady from Cook, Representative Davis." Davis, M.: "Thank you, Mr. Speaker. In response to a speech that was just made, I urge the Governor to consider continuing the moratorium until there is complete accuracy with the meeting out of guilt, having 20 people leave death row who are innocent, 20 who were innocent. How many more are there, who are innocent, who might be electrocuted, or however we inject them? These are innocent people and some of us do care about the innocence of people who are placed on death row until DNA was developed. We also are concerned with the fact that dollars determine a lot of who gets placed on death row. If you have money for the best attorneys, you might never see death row or death penalty, but if you have limited funds or a… If you have a person who is given a lawyer by the state, they don't have the same opportunity for their freedom or a lesser sentencing than one who has dollars. 09600161.doc 131  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 So, until those conditions are met, I would urge and encourage each and every Governor of the State of Illinois to continue keeping that moratorium to save innocent lives. Thank you."

"Mr. Clerk."

"Page six of the Calendar appears Senate Bill 3322, under Senate Bills-Second Reading. Mr. Clerk, read the Bill."

"Representative Lang on Floor Amendment #2."

"Well, thank you, Mr. Speaker. Could you just hold for one second please, Sir. Thank you, Mr. Speaker, Ladies and Gentlemen. This… Could we have some order in here, Mr. Speaker?"

"I'd ask the Members to bring the volume down with inside the chamber."

"Thank you very much."

"Staff would take the conversations to the back of the room."

"Thank you, Mr. Speaker."

"Proceed." 09600161.doc 132  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"So, this involves what we would call the Non-Recourse Civil Litigation Fund Act. In short terms, this is what the Bill's about. There are businesses today in Illinois and all over the country who will loan a litigant funds to keep themselves afloat while litigation is pending. Let's assume you're a waitress and you make a few hundred dollars a week and you're in a car accident and your lawyer has filed a lawsuit for you, you can't work because you've been injured. The lawyer's not allowed to loan you any money under the canon of Ethics, because you have no flow of money you can't borrow money from a bank. There are companies out there that will loan you the money. These companies have been unregulated. Floor Amendment #2 is an Amendment that will regulate these companies. They were involved in the process of creating the regulations. It put caps on their interest rates. It puts strong consumer protections into the law and I want to tell you, Ladies and Gentlemen, that this is a company that exists today. These companies exist today. And so, if we're not to pass this Bill, this company, this series of companies, this industry would have no regulation whatsoever in the market place. The interest rates and the regulations and the caps and the rules put in place in this Bill are stronger and deeper than the rules and regulations we put in place when we passed the Pay Day Loan Reform Act this spring. I strongly recommend your support."

"The Gentleman has moved adoption of Floor Amendment #2 to Senate Bill 3322. And on that question, the Gentleman from Cook, Representative Thapedi. Do you 09600161.doc 133  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 want to speak on the Amendment? We're talking about the Amendments now."

"Oh, I'm sorry."

Speaker Mautino: "No questions from the Gentleman. Representative Stephens on the Amendment."

"It's been acknowledged."

"Yes."

"We're trying to place the Bill in the final form."

"Yes."

"Representative Stephens, do you want a Roll Call vote on the Amendment itself?"

Speaker Mautino: "Thank you. Just for clarification. No further questions? Representative Lang moves the House adopt Floor Amendment #2. All in favor will vote 'yes'; opposed vote 'no'. There has been a request for a verification on the Amendment. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Durkin, Gabel, May, Moore, do you wish to be 09600161.doc 134  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 recorded? Mr. Clerk, take the record. 28 voting 'yes', 87 voting 'no', and 1 voting 'present', the Amendment fails. Representative Lang."

"Please take the Bill out of the record, Sir."

Speaker Mautino: "Please take the Bill out of the record. Representative Davis… Representative Monique Davis on your Motion. Representative Davis." Davis, M.: "We're just asking… excuse me… we're asking for post… I'm sorry… to remove the posting notice for Senate… for House Bill 6913."

"The Lady's asked for leave. No objections. Leave has been granted. The Lady from Cook, Representative Golar is seeking recognition."

"Thank you, Mr. Speaker. I would like to announce that Mike Gales had a birthday yesterday and we need to give him a birthday…"

"Yeah. We get the idea."

"Come on. Put your hands together for Mike Gales in the well."

"The Lady from Cook, Representative Bassi is seeking recognition."

"Certainly. State your point."

"I don't know if smoking cessation was in that list anywhere, but if you were a smoker, you would not have been able to do that. The Gentleman from McHenry is seeking recognition."

"Thank you, Mr. Speaker. I have a parliamentary question and hopefully you can help me. I'm looking at Mr. Wait over there, and I realize he's in the waning days, but a few years ago you may have remembered that he had passed a Resolution for car care month. And I was wondering, can you remind the Body when car care month is, and whether we did celebrate it this year? Or perhaps Mr. Wait can answer that question for us."

"I believe it was April."

"I think it was April."

"Is it? Was it April?" 09600161.doc 137  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"I think it was April. I'm wondering did we miss it this year, and maybe Mr. Wait can give us a few tips while we're waiting."

Speaker Mautino: "The Gentleman from Boon, Representative Wait."

"Speaker Madigan in the Chair. Ladies and Gentlemen, if everyone could please be seated. If everyone could be seated. We're going to go to the Order of Postponed Consideration, Senate Bill 1381, which is concerned with medical marijuana. This Bill was previously debated, voted upon. We're going to call it again and we're going to suggest that there be two people speaking for the Bill and two people speaking against the Bill, and then we'll go to a Roll Call. And this has been cleared with the office of Mr. Cross. So, the Bill shall be put on the Order of Second Reading. The Chair recognizes Mr. Lang."

"Thank you, Mr. Speaker. A couple days ago I tried to lay on the table the Amendment that's on this Bill and chaos ensued on the House Floor. All that's in the Amendment was dealing with the effective date, and that was done because when we met in… before the first of the year, there was some effective date issues. All I want to do is take the effective… the Amendment off the Bill, take the Bill back to where it was when the Senate sent it over 09600161.doc 138  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 here, then we can have a clean debate. If it passes, it passes, if it doesn't, it doesn't, but please give me a chance to take this Amendment off the Bill. I move to lay the Amendment on the table, Mr. Speaker."

"You've all heard the Gentleman's motion. On that question, the Chair recognizes Mr. Mathias."

"Sponsor yields."

"That would be correct, Sir."

"That is also correct, Sir."

"Back to the Motion to Table the Amendment. Those in favor vote 'aye'; those opposed vote 'no'. Have all voted who wish? This requires more… requires 60 votes. Have all voted who wish? 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 65 voting 'yes', 51 voting 'no'. And the Motion is adopted. Mr. Clerk, put the Bill on the Order of Third Reading. Mr. Clerk, is the Bill on the Order of Third Reading?" 09600161.doc 139  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"Mr. Lang."

"Thank you, Mr. Speaker. Ladies and Gentlemen, we had a thorough debate on this and I appreciate the cooperation of the Speaker and Mr. Cross, so we don't have to go through another two hours. We had a very lengthy debate. I challenged you during that debate to actually read the Bill because there was a lot of information out there that was misinformation. Let me, again, go through what's in the Bill. Please listen to what's in the Bill. First of all, this Bill affects very sick people. People who are in pain, people who have severe nausea from chemotherapy, people who are under a doctor's care. The Bill says that if your doctor, after trying all sorts of other concoctions, all sorts of serious narcotics, some of which can cause you to overdose and die, after trying all of those things, if your doctor, your own doctor believes that you need this product to live a quality of life, a productive life, or just be pain free, then the doctor can give you a piece of paper along with your medical records and go to the Department of Public Health for a permit to own three marijuana plants that you would take care of yourself. The department must go through your medical records. The doctor has to certify that you have a serious medical condition that requires this product and a condition that has not been alleviated by anything else he or she has tried. The department has to then certify that, yes, that's true, the doctor has tried everything, and then 09600161.doc 140  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 give you a permit to go to a dispensary which is also licensed by the State of Illinois to get this product, to own the product yourself, to take care of the product yourself, to keep it in a locked and secure facility and to take care of your own need, to give you a quality of life when you're suffering, when you're in pain, and yes, sometimes when you're dying. So, that you can live the kind of life that we would want each of us to live if we had the problem or one of our family members, our mother, our father, our sibling. This is a… this Bill is called the Compassionate Use of Medical Cannabis, and that's what this is about. It's about having compassion for sick and dying people. Many of them will get the product whether we pass this Bill of not, and as I said to you the last time we did this Bill, if your family member needed this product, you would get this product for them whether it was legal or not. But why do we make criminals out of sick people? Why do we make criminals out of a 75-year-old great-grandmother with colon cancer who's dying, who's in pain? Why can't we provide her some relief from her suffering, some relief from her pain, a little quality of life? Isn't that what this General Assembly ought to be about? I urge you, I beg you not to let politics or elections or anything else get in the way of doing the right thing. Some of you, many of you, 30 of you have told me, Representative, I support your Bill, I hope it passes, I just can't vote for it. Why? Why can't we vote to help people who are suffering? If we can't do that, then we ought to find some place else to be. This is what we're 09600161.doc 141  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 here for, to take care of the most vulnerable people in our state, and this is a health care product under strict controls and with a three-year sunset, so it'd have to be revisited. A simple health care product that will alleviate pain and suffering and provide quality of life. I ask for your support."

"Representative Cole."

"Sponsor yields."

"When used in this way, it's a health care product."

"You know they don't."

"Was that a question?"

"I'll answer that, but first I'm going to respond to your previous comment. And I would respond this way, first, just because other states had screwed this up doesn't mean we will."

"And… and…"

"…and…"

"And secondly… and…" 09600161.doc 143  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"And… The timer's not on, Representative…"

"…so, I'm going to respond to you."

"Representatives, one at a time. One at a time, please."

"So…"

"And Representative, you have all the time that you want."

"The…"

"The second thing…"

"You made a comment. I'm going to respond to it, Representative, please. I will answer your question."

"One at a time."

"Chronic pain has…"

"Chronic…"

"Certified by a doctor. After the doctor has gone through your medical records and tried other things, the 09600161.doc 144  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 Department of Public Health has to go through your records and confirm that the doctor's certification is a correct one."

"Well, I'm not a doctor, Representative. I'm not the one that's going to define what that is. The doctor, your own doctor, will define that for you."

"Representative Bellock."

"Sponsor yields."

"How what would be enforced, Representative?"

"The Department of Public Health has to review patients records before they give a license. They have to create rules… how and under which the dispensaries will operate and inspect them and decide how they should go about doing that."

"Representative, every day in many homes in this state and in this country, there's abuse of medication going on. We don't send local police into everybody's home to check if OxyContin is being abused or Vicodin is being abused or Morphine is being abused. So, we're not going to do that for this product either."

"Pursuant to the agreement, there will be one more speaker, and then we shall go to Roll Call. So, the last speaker will be Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Davis, M.: "Representative Lou Lang, my understanding is sometimes a patient who is suffering with cancer or some other disease find that the narcotic being given no longer works. Is that true to your… in your research?"

"That's absolutely true, and sometimes they take the narcotic and it lays them flat in their bed and they can't function, and then sometimes they overdose and die." Davis, M.: "And if they're not moving around because the narcotic has them so lethargic, that is not, what shall I say, positive for their recovery."

"It's not positive for their recovery, and it's definitely not a quality of life. They can't function, they can't do laundry, they can't take care of their children." Davis, M.: "Have you heard of a gentleman by the name of Mr. Mantel Williams?"

"He was here when we last voted on this Bill, Representative." Davis, M.: "What disease does Mr. Mantel Williams suffer from?" 09600161.doc 149  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"MS." Davis, M.: "Multiple Sclerosis."

"That's correct." Davis, M.: "And what does this medical marijuana do for Mr. Williams?"

"Well, what it does is allow him to function and run a lot of businesses and go all over the world doing great work for people. Without it he would be in bed today." Davis, M.: "What would he be on today?"

"He would be on drugs like OxyContin and Vicodin and Morphine and unable to function." Davis, M.: "And unable to continue with his business, with his television production."

"And all the philanthropy that he does. That would be correct." Davis, M.: "Do you think that some people fear the use of medical marijuana because they think that it will enhance the use with college kids or young teenagers?"

"I would imagine that some people think that, but the facts are, unlike what a previous Legislator said, that in the 14 other states that have approved… 15 other states that have approved medical marijuana, in 11 of those states, teenage use of marijuana is down, not up, down." Davis, M.: "Thank you, Mr… Oh, let me ask you this question. What about alcohol use? Where is that in reference to teenagers?"

"Alcohol use among teens is way high, geometrically climbing." 09600161.doc 150  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 Davis, M.: "Thank you. To the Bill, Mr. Speaker. I know a lot of people have a great deal of fear that medical marijuana will lead to a gateway of drugs by people who don't want to use drugs. People who today want to use drugs find a way and they do so. If you look at celebrity intervention on television, you see that there're people addicted to drugs because that's what they choose to do. If a person is suffering from cancer, from multiple sclerosis, they should have the right to not suffer because the narcotic is no longer any value to them. It also makes them… the muscle atrophy because they're not moving around like they should. They're not getting exercise, they're not getting up to walk, they're not sitting up. If a person can live a little longer and have a little better life, what would you call it, quality of life, by a few puffs on medical marijuana, why would we object to that? I urge an 'aye' vote and thank you for bringing this Bill up, Representative. I'm sure those who are in hospital beds suffering, those who are in hospice care would be very grateful to you, if you allowed them this medical solution to pain and suffering. Thank you."

Speaker Madigan: "All right. One more time. There's an agreement that there shall be two for the Bill and two against the Bill and then we go to Roll Call. So, everyone please be at your chair, please be in your chair. There's a request for a verification. Please be in your chair. And those in favor of the Bill shall vote 'yes'; those opposed shall vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On 09600161.doc 151  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 this question, there are 56 people voting ‘no’, 60 people voting… 56 people voting 'yes', 60 people voting ‘no’, the Bill fails. Senate Bill 3712. Mr. Clerk, what is the status of the Bill?"

"Mr. Clerk, put the Bill on the Order of Third Reading and read the Bill for a third time."

"Representative Gabel on the Bill."

"Thank you, Mr. Speaker. The Amendment that we passed before has now called this Bill the Home Birth Safety Act. I came to this legislation after 20 years as an expert on policy for maternal and child health. I would like to thank Mary Flowers who has been a champion for many years for improving the health of women, children, and families. We have a problem here in Illinois. Each year there are 800 moms who deliver at home and the people who help them are treated like criminals because it is illegal to provide care at home if you are not a nurse or a doctor. These families, like the Amish or…"

"Representative, just a second. Ladies and Gentlemen, would you please give your attention to Representative Gabel. Hello. Hello. Would you please give your attention to Representative Gabel. Thank you, Mr. Stephens."

"Thank you. These families, like the Amish or other cultural minorities, will have a birth at home no matter 09600161.doc 152  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 what. This Bill was drafted largely by the nurses after years of negotiation. It would license non nurse midwives with the toughest, most rigorous education standards in the country. The question before us today is not whether home birth is better, safer, or smarter than a hospital birth; that is for the parents to decide. The question today is whether we will have skilled, licensed providers who can help these moms and help them deliver safe babies or will we leave these moms to the shadows. I ask for an 'aye' vote and I'm happy to answer any questions."

"Mr. Tryon."

"Proceed."

"Representative Cultra."

"Sponsor yields."

"They have… a doctor could come and help them deliver the baby at home or a nurse midwife with a doctor could help them deliver the baby at home. There are only five counties where they are available. So, right now what happens is many women who want to have home births, they look for a midwife to help them, and these midwives, right now, are not licensed in Illinois. So, they may get a good midwife and they may not. They may have somebody who's trained and they may not. And what this would do is make sure that the midwife that they would have would have three to five years of training and be able to truly help them deliver that baby at home."

"Correct."

"Twenty-seven other states."

"Representative Hays. Hays."

"Representative Bellock. Bellock."

"Sponsor yields."

"They would have… first, they would have to have an associates degree, and then they would have to have the training that is required through the National Association of Certified Professional Midwives, which is approximately a three-to five-year process. There are also some criteria written into the Bill of which classes they need to take. But this… these… their requirements were written by the Association of Advanced Practice Nurses."

"Yes. It does say associates degree."

"Page 26."

"Yes. The Bill does allow them to administer a few lifesaving drugs. It allows them to help the woman if she is hemorrhaging. If she's bleeding heavily, they are 09600161.doc 156  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 allowed to give a couple drugs. They're also allowed to give oxygen to the baby."

"Well, these would be licensed medical personnel."

"Well, these people would be held medical professionals."

"Yes."

"This would be a licensed professional, medical person who would be allowed to administer a very specific number of drugs for a very specific number of reasons, and it's actually put in great detail in the Bill in about five, 09600161.doc 157  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 six, seven, quite a number of pages here. These are drugs that actually are also given by people in, and I'm going to say this, in third world countries in the country that they are allowed to give these drugs to women. So, it's not that you need extensive training on how to do this. These are lifesaving drugs that can… that are just necessary."

"Yes. The… it… where's the piece? The Illinois Society of Advanced Practice Nurses, the Illinois Acupuncture Federation, the Illinois Public Health Association, Coalition for the Improvement of Maternity Services, Doctors for Midwives in Illinois, Birth Link…"

"Yes."

"Actually, I think that was changed in one of the Amendments. No."

"They would have to still meet the training program through the National Association of Certified Professional Midwives, but they would not have to have a… an associates degree."

"No. We do that often in licensure Bills, grandfathering people in…"

"…who've been practicing for a period of time."

"Mr. Saviano."

"Sponsor yields."

"It's unknown, but we think there are about 10 to 20."

"The department has put a note on at… for $5700 per person, but I think that they… The department also has this smaller pool where they put these kinds of groups that only have small numbers of people together and we are continuing to negotiate with the department to figure out if we can get that price down."

"Representative Jakobsson. Jakobsson."

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

"Sponsor yields."

"Right now, if there is a home birth and a midwife discovers that the woman is having a problem, that often is a problem then for not only the woman who's giving the birth and needs some… maybe to go to a hospital, but am I right in assuming then that the midwife is really putting her or himself at a terrible risk of maybe being arrested."

"Yes, at this point it is very… it is dangerous. And what happens now is that the midwife just tells the woman to go to the hospital and she shows up at the hospital without her records, without any information from the midwife, because the midwife is scared that she's going to be arrested and put in jail and prosecuted. So, what this Bill does is that it will allow that woman to be transferred in a safe way. It allows the midwife to have a collaborative relationship with a doctor or a nurse midwife 09600161.doc 161  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 and she can then transfer the women… woman very safely, with her records and it will… to me it will really improve the health of women and children."

"Thank you. So, to the Bill. Right now we have many women in Illinois and I know in my district there are many, many couples who choose to have home birth and they're doing this knowing that this is what they want, but they also know that these midwives who have some training, but their not certified or licensed are really at a risk and they're doing it at their own personal risks, too, because they really believe in providing this service. So, I think with licensing them and helping them become certified is the right way to go, because it's going to make safer home births. It's going to make the outcome, if there is a problem, and there… I don't there are that many, but if there is a problem and a woman needs to go to a hospital, there will be the connection, there will be the medical record following. So, I think this is a really good Bill. I urge an 'aye' vote."

"Representative Reitz."

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

"Sponsor yields."

"I guess, one of the questions earlier was about the grandfathering in. Is everyone that will be grandfathered in meet or exceed the standard that you set up in this Bill?"

"They have to meet the certification from the National Association of Certified Professional Midwives." 09600161.doc 162  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"And they won't… So, no one will be grandfathered in unless they meet or exceed those certifications?"

"Yes."

"Okay. Thank you."

"Representative Gabel, have you answered the last question? All right. I'm sorry. So, Representative Flowers."

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

"Sponsor yields."

"Representative, how long has midwifery been around?"

"Midwifery has been around ever since women were having babies."

"Oh, really. So, as far as the quality… as far as the birth at home versus birth's as the hospitals have there been accidental deaths at the hospitals because of some type of medical error?"

"Yes. There's always a risk of having… there's always some risk of having a baby."

"Absolutely. So, it's not necessarily something negative and is a woman sick because she's pregnant or she's given birth?"

"No. Birth is a very natural process and it's a healthy process."

"Most of our grandparents, would you say that they were probably brought into this world by a midwife?"

"I'm sure that many of them were."

"So, in regards to this legislation, the reason why… that you're sponsoring this legislation, because given birth, you don't necessarily need to be in a hospital 09600161.doc 163  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 because you're not necessarily sick. And a lot of women would like to make this a family ordeal, but when you go to the hospital, it's very difficult for your family to be involved. And a lot of women would love to have a family, but it's so expensive because of a hospital bills and you can't afford all of that, so it'd be a lot cheaper if you're able to have your baby at home. Am I correct about that?"

"Yes, you are. Washington State has actually saved significant dollars in their Medicaid program after they instituted this program for certified midwives."

"And it's my understanding that, I think, the month of July is midwifery month, and it started under former Governor Jim Thompson and it's been recognized as midwifery month for the last 20-some odd years. So, obviously, there is a lot of midwives in this state and we should began to recognize it because this is nothing new; it's been going on since the beginning of time. And it's affordable and it can be made safe. And these women who are midwives, they've been doing this for years because it's just part of their religious belief or either it's a family tradition and some families would like to keep this tradition up. Am I correct about that?"

"Yes."

"I rise in support of the Lady's Bill. It's a very simple Bill. It's something that's been around since the beginning of time. It's affordable, it's safe and a lot of these midwives have more educational training than a lot of nurses. This is a very good piece of legislation and we're 09600161.doc 164  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 trying to make home birth safe by licensing midwives. I urge an 'aye' vote."

"Representative Dugan."

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

"Sponsor yields."

"Representative, I just wanted to check, as we talked about the education requirements. The North American Registry of Midwives, I can't… Is that organization is that regulated by…"

"It is. It is part of the national association of some kind of certification organization."

"Okay. So, who are they actually regulated by? I mean, when they determine the education requirements, who oversees or regulates what actually they require? I guess, I'm just…"

"Yeah. It's a standard program that has been developed over the last number of years and it's developed by midwives, by professional midwives."

"I guess, so is… I guess and so is there any government entity that regulates that, or do they regulate themselves?"

"As I said, they are regulated by an organization, a national organization that regulates licensures."

"Okay. So, there's no government regulation at all."

"No. I don't believe so."

"Okay. Thank you very much."

Speaker Madigan: "All right. The last speaker will be Representative Pihos."

"Sponsor yields."

"I assume that those courses are available as well. I also know of a midwife that teaches courses at a location as well."

"I think so. Yes."

"I think there's always opposition for new licensures of new medical providers."

"Representative Gabel to close."

"Thank you, Mr. Speaker. I appreciate and understand the Illinois State Medical Society's concern for the health and safety of moms and babies. All of us are united behind doing what is safest for them. I wish the doctors made 09600161.doc 166  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 house calls and delivered babies at home, but they don't and they won't. I think we can all agree with that. We are faced with a stark choice. There are no home birth providers south of Peoria. People have to either decide to have their babies at home by themselves or look for someone who does not have licensure. That is dangerous. Administering oxygen to a baby, or drugs to a mom who is heavily bleeding, that's not dangerous. I'm asking you to trust me. That after a career in maternal and child health care, I can promise you that this Bill will make mothers and babies safer. I ask for an 'aye' vote. Thank you."

Speaker Madigan: "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 46 people voting 'yes', 71 voting 'no'. Therefore, the Bill fails. On page 3 of the Calendar, on the Order of House Bills-Second Reading, there appears House Bill 1760. Representative Flowers. Mr. Clerk, what is the status of the Bill?"

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

"Representative Flowers."

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I bring to you House Bill 1760 and it's the 09600161.doc 167  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 doctors' profile. If I may, I would like to take this opportunity to read to you an editorial from the Chicago Tribune dated August 26, titled Vital Statistics. In years past, you choose a doctor or a hospital based many times on… well, not all… not very much information, basically, reputation, a friend's recommendation, and convenience. It wasn't easy to learn how doctors or hospitals stacked up against others in the state, and… on many other vital measures, or if the provider had been sued in the case of doctors jailed, but that's changing. The state has launched a powerful online hospital report card that help prospective patients compare hospitals on how they control infections and deliver quality of care, but what about doctors? Until February, the State Department of Financial and Professional Regulations provided details… online histories of state doctors. Those profiles included sensitive and vital information. Has your doctor been convicted of a crime? Was he or she fired by a hospital, or forced to make a medical malpractice payment in the last five years? That information that people and prospective patient crave… the physician profile generated a 130 thousand clicks a week, but most of that is now behind the electric lock and key as Tribune, Megan Twohey and others reporters have been reporting on. Now, the only information available on the public Web site is whether the regulatory agency has disciplined the doctors. That’s not enough. One reason, it can miss doctors who run afoul of the law, but are still practicing medicine, and some of those doctors could endanger patients. Patients deserve 09600161.doc 168  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 better. In 2005, the State Law that would cap medical malpractice award agreed to require the posting of these detail profiles online with one provision. If the caps were struck down, the profile would come down also. Unfortunately, that's what happened earlier this year. The State Supreme Court rejected the medical malpractice cap. The Department of Financial and Professional Regulations said that the court ruling meant that the law was voided and the department had to take down the profile. The president of the Med Society argued that patients could learn about doctor's background from medical associations, insurers, and commercial Web sites, but instead the Tribune suggests that they… that the introduced… the legislation that was introduced to restore the profile should be a priority. They said it wasn't complicated. The Department of Financial and Professional Regulations has already spent the money to develop the database. It is up… it was up and running; people were flocking to it. It is time to restore it. That is from the Tribune and it's dated August 26, 2010. The profile would merely consist of the physician's name, the medical school attended, and the dates that they attended, the number of years that they have been in practice and where they practice, the location of the physician primary practice and any specialty board certification that they possess, along with the phone numbers to verify it, the name of the hospital where the physician has privileges to practice, a listing of medical facilities, appointments, or teaching responsibilities within the recent five years, a listing of publication and 09600161.doc 169  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 peer review journals within the most recent five years, information about professional or community services award and activities. And also the physician profile… they would have an option not to provide information on certain items, but it should include a description of criminal convictions, a description of disciplinary action taken by the department, a description of final disciplinary action taken by other states against the doctors and a description of the revocation of license and the restrictions of physician hospital privileges for reasons related to their character. These actions must have been taken by a governing body or officials at the hospital after the physician realizes and receives procedures in due process, a list of all medical malpractice judgment arbitration awards within the most recent five years. If the case is on appeal, the profile must prominently identify the listing as under appeal within 20 days. The listing of the settlements must be accomplished by a statement that the settlement of a claim may occur for a variety of reasons which do not necessarily mean or reflect negativity on the side of the professional competency. And I'll be more than happy to answer any questions you may have in regards to House Bill 1760."

"Representative Joe Lyons in the Chair. Anybody seeking recognition on House Bill 1760? Seeing none, the question is, 'Should… The Chair recognizes the Gentleman from Cook, Representative David Miller."

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

"Sponsor yields." 09600161.doc 170  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"I know that this issue's near and dear to you, Representative, and I have a few concerns or need some clarity. On the list of… it says all medical malpractice court judgments, I can understand that, arbitration awards and settlements. In your comments, I believe I heard that you mention that the settlement, if any, would not reflect negligent. Is that what I heard?"

"No. I said that it would be stated that the settlement would not necessarily… The listing of settlements must be accomplished by the statement that settlements of a claim may occur for a variety of reasons, which do not necessarily reflect negatively on the professional competence or conduct of the physician. So, a doctor could have settled for reasons, not that he's negligible, he just didn't want to go to court."

"No. I understand that. The… that would be listed on this particular form, so I… like, for instance, when I renew my license there's a question of have I… I think the description of criminal… or have I committed any class A misdemeanors and actually there's a question dealing with child support on our license. Is that what you envision when these licenses are renewed, or are you envisioning that this has to be an annual document that has to be filed with the Department of Professional Regulations or what is the process in which this information is gathered and then displayed via the department?"

"Well, first of all, Representative, I want to clarify that this was the law until February."

"Okay." 09600161.doc 171  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"And so… and the requirement was every doctor that wanted to renew their license, they had to fill out this information and the doctor's will have the last say. They would review it to make sure that all the information was correct."

"So, I'm not clear then. You're saying that this legislation's already the law."

"Yes. It was already the law and it was passed in 2005, but it was… the Supreme Court ruled that the… the patient's right to know was struck down as unconstitutional by the Supreme Court, and as a result of the medical malpractice and the profile… it was together, and so when one part of the Bill was stricken down, the other was voided as well."

"Okay. I just don't want to belabor this. I know what you mean. You're saying that the law was passed, it was proved unconstitutional, I guess then in most simplistic…"

"No. A part… the part that was proved unconstitutional was the caps on medical malpractice. That was the part that was stricken down as unconstitutional, but when the Bill was passed, it was an inseverability clause that if one part of the Bill is stricken down, the entire Bill is voided. And that's exactly what happened, and so the patient profile was… had to come down as well."

"I see. And so, this still would go through the JCAR process, I assume if this is passed."

"I would think, Representative, that it would really just constitute a flip of a switch because the web site was up, there was 130 thousand hits a week, people were using 09600161.doc 172  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 it, and so the only reason why it's no longer up and running is because… not because the Supreme Court said that it had to come down, but because of the inseverability clause. And it has gone through the process already as far as JCAR."

"Okay. Just… In the analysis it does say that the department will promigate rules. SO, it will have to go through JCAR to be implemented."

"Well, I guess that's part of the process, but basically the rules has been set forth because as I stated this is not new legislation."

"Okay. Thank you."

"Representative Flowers to close."

"I would appreciate an 'aye' vote."

"The question is, 'Should House Bill 1760 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Burns, Cultra, Hannig. Have all voted who wish? Mr. Clerk, take the record. Representative Flowers."

"Mr. Speaker, would you please put this on Postponed Consideration."

"Mr. Clerk, on request of the Sponsor, put this Bill on Postponed Consideration. Mr. Clerk, what's the status of Senate Bill 3539? Representative Yarbrough. Mr. Clerk, take the Bill out of the record. Speaker Madigan in the Chair."

"Mr. Clerk, let's return to the last Bill. Put that Bill in the record. Senate Bill 3539 is on the 09600161.doc 173  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 Order of Postponed Consideration. All right, Ladies and Gentlemen, if I could have your attention. Ladies and Gentlemen, please. This is the death penalty Bill and we're going to call the Bill again and Representative Yarbrough will speak for the Bill briefly and there'll be one opponent and it will be Representative Reboletti briefly. Representative Yarbrough."

"Thank you."

"Briefly."

"Briefly."

"Yes, please."

"Thank you, Mr. Speaker. I don't have any more really to add to the debate, the vigorous debate that we just had on this Bill. I simply ask that you find your way to do the right thing for the right reason today, and that's to vote 'yes'."

"Representative Yarbrough has spoken for the Bill. Representative Reboletti will speak against the Bill. Mr. Reboletti."

"You've all heard Mr. Reboletti, and there's a request for a verification. And those in favor… Do you wish to speak again, Mr. Reboletti? Mr. Reboletti."

"Okay. All right. The question is, 'Shall this Bill pass?' Those for the Bill vote 'aye'; those 09600161.doc 174  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 against the Bill vote 'no'. Have all voted who wish? Have all voted who wish? Three to go. Have all voted who wish? The Clerk shall take the record. On this question there are 60 'ayes' and 54 'noes'. There's a request for a verification. Please all Members go to your chairs. Staff, retire to the rear of the chamber. Members, please be in your chairs. Staff, retire to the rear of the chamber. Mr. Clerk, read the names of those voting 'yes'."

"Are there questions of those voting 'yes'. Mr. Rose. Mr. Reboletti."

"Mr. Reboletti, would verify Mr. Miller right here. Mr. Miller."

"Yes. And your next question."

"Will Davis is in the rear of the chamber." 09600161.doc 175  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011

"Thank you, Mr. Reboletti. On this question, there are 60 'ayes', 54 'noes'. This Bill, having received a Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Harris. Mr. Harris moves that the House reconsider the vote by which that Bill just passed, and Representative Walker moves to lay that Motion on the table. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The motion is laid on the table. Mr. Rose."

"The record will so reflect, Mr. Rose. Thank you. Ladies and Gentlemen, may I have your attention. This will be the last item of the evening. This will be the last item of the evening, and it's House Bill 1760. It's concerned with Patients' Right to Know. Representative Flowers will speak very briefly on the Bill and then they'll be one opponent and we'll go to a Roll Call. Representative Flowers."

"Mr. Speaker, Ladies and Gentlemen of the House. I would really appreciate your 'aye' votes. There are lots of women and children that are being violated because of a few bad doctors. There are people who are being made sick 09600161.doc 176  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 or dying because of a few bad doctors. We're merely asking for the patients to have the right to know and let them choose. There was 13 thousand hits a week on a Web site that was working on behalf of the people of the State of Illinois. I would appreciate your 'aye' vote. Thank you."

"Representative Flowers has moved that this Bill do pass. Again, this is concern with Patients' Right to Know. They'll be no one speaking in opposition. Those in favor of the Bill vote 'aye'; those opposed vote '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 62 voting 'aye', 54 voting 'no'. This Bill, having received a Constitutional Majority… Stephens."

"This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, Agreed Resolutions.

Speaker Madigan: "You've all heard the Agreed Resolutions. Representative Currie moves for the adoption of the Agreed 09600161.doc 177  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 161st Legislative Day 1/6/2011 Resolutions. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Agreed Resolutions are adopted. Mr. Clerk, you have committee announcements."

Speaker Madigan: "The Chair is prepared to adjourn. Representative Currie moves that the House stand adjourned 'til Friday, January 7 at 9 a.m., Ladies and Gentlemen, 9 a.m. in the morning, allowing perfunctory time for the Clerk. Those in favor of the Resolution… the Motion say 'aye'; those opposed say 'no'. The 'ayes' have it. The House does stand adjourned 'til Friday, January 7 at 9 a.m., providing perfunctory time for the Clerk."