Illinois House Floor Debate — March 31, 2011

Speaker Lang: "Good morning. The House will be in order. Members will be in their chairs. We shall be led in prayer today by Pastor Shaun Lewis who is the Illinois State Director of Capitol Commission, serving the political Leaders of Illinois. He’s the guest of Representative Brauer. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers and rise for the invocation and Pledge of Allegiance. Pastor Lewis"

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

"Roll Call for Attendance. Representative Currie."

"Thank you, Speaker. Please let the record show that Representative Jefferson is excused today."

"Representative Bost."

Speaker Lang: "Representative Currie, is Representative Osterman here today? Mr. Clerk, please take the record. 112 Members being present, a quorum is present to do the business of the people. Mr. Clerk, Committee Reports."

"Referring to Supplemental Calendar #1, under House Bills Second Reading there appears House Bill 116. Mr. Clerk, please read the Bill."

Speaker Lang: "Third Reading. House Bill 3697. Mr. Clerk, please read the Bill."

Speaker Lang: "Third Reading. The Chair recognizes Representative May."

"Yes, thank you. I would like to recognize in the gallery today right behind me, Nathan… Noah Shapiro… Noah Shapiro. He gave me this charming note. It said, my name is Noah Shapiro, I'm seven years old. I love history and government and famous people, I hope to meet you. But Noah, I want you to meet all the Members of the General Assembly here because you are a charmer and we think you're going to be down here one day too. Noah brought his sister, Rose, his parents and both sets of grandparents to Springfield. Thank you, Noah."

"Welcome to Springfield. Happy to have you here. On page 36 of the Calendar, under the heading of Motions in Writing, there appear five Bills… five items to consider. The first one is House Bill 1071, House Bill 1072, House Bill 1915, House Bill 3382… All right, let me start over. There are four Motions to table House Bill 1072, Representative Pihos; House Bill 1915, Representative Pihos; House Bill 3382, Representative Rose and House Joint Resolution 23, Representative Holbrook. Representative Mautino moves to… for the passage… to table all four of these items. There being no objection, those in favor shall say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Motion passes and is adopted. The Chair recognizes Representative Jakobsson."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'd like to take a moment to introduce some folks who have come over from Champaign County today to be able 09700033.doc 4  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 to learn a little more about State Government. Teri, who is my legislative assistant, up here in the balcony on my left has brought two of our interns. Let's give them a big Springfield welcome. Thank you."

"Members, we're going to continue to run Bills as quickly as we can. Those items that are on Short Debate, we're going to leave on Short Debate unless requested otherwise. The first item is House Bill 1907 on the Order of Third Reading, Representative Zalewski. Please read the Bill."

"This Bill is on the Order of Standard Debate. Representative Zalewski."

"Thank you, Mr. Speaker. I bring to the House, House Bill 1907 which is a narrowly drawn criminal enforcement tool that Illinois, frankly, needs to become up to date with law enforcement. It is a Bill which would allow state’s attorneys to indict criminal enterprises, bring them to trial and convict them. Frankly, we've run into a problem where some individuals are able to avoid criminal prosecution simply because they let the underlings take… take responsibility and ultimately, punishment for their actions. This Bill would merely allow a prosecutor to bring together predicate activities like gun offenses, drug offenses, dog fighting, child sexual crimes to one predicate enterprise and indict those responsible. It's a narrowly drawn Bill that, frankly, it's time has come in Illinois. I'd respectfully ask for an 'aye' vote." 09700033.doc 5  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"The Gentleman moves for the passage of the Bill. And on that question, Representative Eddy for five minutes."

"Gentleman yields."

"Mr. Speaker… Mr. Speaker… Mr. Speaker, can I pull…”

“Yes.” Zalewski:”…the record out of the… could I pull the Bill out of the record for one second?"

"Gentleman pulls the Bill from the record. Next Bill is House Bill 178, Representative Yarbrough. Read the Bill."

"Representative Yarbrough."

"Thank you, Mr. Speaker. House Bill 178 was brought to me by the Department of Human Rights. Under current law, the department must conduct a fact finding commerce unless the director has determined whether there's substantial evidence that an alleged civil rights violation has been committed or the charge has been dismissed for lack of jurisdiction. House Bill 178 adds the ability for both parties to voluntarily and in writing agree to waive the fact finding conference. I've been told that this proposal has the opportunity to save the department about $200 thousand. There's no opposition to the Bill. Be happy to answer any questions." 09700033.doc 6  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Lady moves for the passage of the Bill. The Bill is on Short Debate. The Chair recognizes Mr. Eddy for two minutes."

"Lady yields."

"Yes, that's correct."

"That's correct."

"Okay. Under… under the Bill as written and we passed the Amendment, it simply returns the time that a respondent has to file a required verified response. They wanted 30 days and we went back to the original 60 days."

"So, that removed the opposition."

"Thank you."

"Lady moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have 09700033.doc 7  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 all voted who wish? Have all voted who wish? Have all voted who wish? Beiser, Dunkin, Mell, Nekritz. Mr. Beiser, Mr. Dunkin. Please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2853, Representative Thapedi. Out of the record. House Bill 2105, Representative Winters. Please read the Bill."

"Third Reading. House Bill 1871, Representative Sente. Representative Sente. Out of the record. House Bill 1889, Representative Rita. Mr. Rita. Out of the record. House Bill 2982, Representative Sosnowski. Out of the record. Let's go back and read House Bill 2982, Mr. Clerk."

"Representative Sosnowski."

"Representative, can you tell the Body what the Amendment does, Sir?"

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

Speaker Lang: "Third Reading. House Bill 148, Mr. Phelps. Please read the Bill."

"Mr. Phelps."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I believe that this is a Floor Amendment to not let libraries be able to have… to take your concealed carry into a library. This was a… we worked this out and this is what most of the people wanted. So, this is just an exemption we put in."

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

"Third Reading. Chair recognizes Mr. Kay."

"Congratulations. Next Bill on the Calendar is House Bill 1514, Representative Reis. Mr. Reis. Please read the Bill."

"This Bill is on the Order of Short Debate. Mr. Reis."

"Gentleman's moved for the passage of the Bill. This is on Short Debate. And for two minutes, the Chair recognizes Representative Riley."

"I'm sorry. Will the Sponsor yield?"

"Gentleman yields."

"Representative, is there any distinction made about whether or not the… the firearms being transferred were bought, you know, with… it was a licensed purchase of those firearms or just any firearm?"

"So, there's no distinction of whether or not that firearm was purchased, you know, through a licensed dealer or not?"

"Thank you."

"Gentleman moves for the passage of the Bill. Those in favor say… vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr… Representative Lilly. Please take the record. On this question, there are 78 voting 'yes', 33 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. For those who were jumping up and down, the Bill was on Short Debate. I'm following the Rules 09700033.doc 11  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 of the House from the Chair. House Bill 1907, Representative Zalewski. Please read the Bill."

"Mr. Zalewski."

"Thank you, Mr. Speaker. I was able to get that note to Representative Thapedi. So, I'm an… I’m available to answer questions."

"Gentleman's moved for the passage of the Bill. We had some debate on it, previously. Seeing no further debate, those in favor… Representative Flowers."

"I'm sorry, Mr. Speaker. I didn't hear the debate."

"Mr. Zalewski, since you had some gap between when you tried to run it and running it now, why don't you explain the Bill briefly."

"With pleasure, Mr. Speaker. House Bill 1907 is a narrowly constructed criminal enterprise Bill which allows state’s attorneys to indict, bring to trial and prosecute criminal enterprises. Illinois is… is one of the few states that does not have a modern statute such as this. It would, frankly, allow law enforcement to… to collect different offenses into one indictment and go after the principals in the illegal activity as opposed to just the underlings. It's a necessary tool to evolve law enforcement. And I respectfully ask for an 'aye' vote."

"Representative, in regards… is this dealing with drugs and guns and…"

"Rep… Representative, the predicate offenses that would constitute the ability to indict what… are drug 09700033.doc 12  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 offenses and firearm offenses are in that… in those predicate activities."

“Okay. How will this be preventing the drugs from coming over into this country, coming into this state, specifically?"

"Well, I… I think these… the simplest answer to that question, Representative, is this would be a deterrent because those who wish to commit crimes such as those would realize that it wasn't just going to be the underlings and the guys on the street that were committing these crimes, that the central principals of the activity would be ultimately held accountable and would face significant jail time."

"I guess I'm trying to figure out, how do you get to the principle? Because this Bill is about the underlings. But, my next question is, is this statewide or this only applicable to Cook County?"

"No, Ma'am, it's statewide."

"Pardon me?"

"No, Ma'am, it's statewide. It's applies… we're amending the Criminal Code, so it applies to the State of Illinois."

"Thank you very much."

"Chair recognizes Representative Reboletti for five minutes."

"Gentleman yields."

"Why it came from several sources, Representative. Some of them belong to yourself and you should be given due credit for them."

"Representative Tracy for five minutes."

"Gentleman yields."

"We've had three Members speak in favor. Under our Rules on Standard Debate, three Members may speak in favor. Representative Monique Davis is next. Are you speaking in favor or opposed to the Bill?" Davis, M.: "For a bad Bill, Sir, I'm always opposed."

"You have five minutes." 09700033.doc 15  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Davis, M.: "Thank you. First, I'd like to ask the Representative what changes are you making in current law in reference to charges as well as penalties?"

"Representative, what we're doing in this Bill is narrowly drafting and adding to the statute book the offenses that are in… that are… that are contained in the Bill and allowing law enforcement, specifically a state’s attorney, to indict, bring to trial and convict a criminal enterprise involved in the predicate activities. We are not changing anything." Davis, M.: "Involved in what?"

"The offenses that would constitute the enterprise, namely weapons violations, drug violations…" Davis, M.: "Okay. Let's stop right there. Do we currently have laws in reference to weapons violations?"

"Yes." Davis, M.: "Okay. Move on. What's the next one?"

"Do you want… Representative, do you want the entire list of predicate activities?" Davis, M.: "Well, what I'm trying to get at, Representative, with all due respect, is why the Illinois Bar Association… the State Bar Association is opposed to your Bill?"

"That's a good question, Representative. It's been represented to me that historically they have…" Davis, M.: "That is what?"

"…they… it's been represented to me that historically the Illinois State Bar Association has been opposed to these types of Bills, but I would remind you that this is drastically narrowed and tailored specifically for the 09700033.doc 16  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 predicate activities. There is… this is not a broad and overreaching Bill that historically that has been associated with the term ‘RICO’." Davis, M.: "Well, Representative, do you think it's fair that we're making things a Class X Felony, putting them under one umbrella? In other words, if you do and you list a number of things and we're now going to conclude that these are Class X Felonies?"

"Rep… Representative, in answer to your question, we don't have this tool in Illinois right now and as a result, criminals are getting away with crimes that they shouldn't be getting away with. And furthermore, individuals who are lower rung on these criminal organizations are taking… are being held accountable when we could go further up the chain and get to the people that are really responsible for these organizations." Davis, M.: "Representative, I believe if we wanted to climb up that chain today we could do it. We could climb that chain today with the existing laws. To the Bill, Mr. Speaker. We constantly add to our Criminal Code and it is not reducing crime nor making our streets any safer. All we continue to do is fill up our prisons, increase that prison budget, increase the AFSCME contracts and give more money to those in charge of these prison locations. Currently, there are laws on the books in the State and the Federal Government Laws to deal with any of this criminal activity that's listed here. It's redundant, it's excessive and it will in no way create the climate that our Representative wants us to think it will create. Current law says if you're dealing 09700033.doc 17  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 drugs, you can be gone after, you can be, you know, eavesdropped on. We can get the money from you, you can go to a federal prison. So, what this Bill simply will do is cloud up the court system with the Illinois Bar Association realizing the dangers of this kind of legislation in the state. Now, Representative, we know that you want good government just as we do. Well, good government includes careful spending of state funds. This Bill will create a climate in which greater state funds are being used and will not lower the crime rate as you have attempted to indicate. Mr. Speaker, I thank you for your time. I urge a 'no' vote. Save the taxpayer money. Let the state’s attorney do her work. Let her do the work that she's given to do today with the current existing laws. Thank you."

"Chair recognizes Representative Thapedi for five minutes."

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

"Gentleman yields."

"Mr. Zalewski, would you tell me that you provided me with a copy of the correctional note, essentially what did the correctional note opine?"

"Representative, the correctional note basically said that… I'll paraphrase. It was pretty much undetermined what the impact would be on the correctional system. I… I… the language, though, I remember specifically stating that a lot of the crimes that were included in this would… would not be an immediate impact on the… on the jail because of the down the road implications. And I would remind the 09700033.doc 18  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 chamber… remind the Body, that that note was ruled inapplicable by this same Body yesterday."

"Why did you find it necessary to move that that note would be inapplicable because it sounds like at least some of the information that you've shared with us here this morning is highly relevant to this piece of legislation."

"For… for two reasons, Representative. First of all…"

"Other than… other than Representative Collins leaving the chamber."

"The second reason is, I honestly, sincerely believe that this, if not revenue neutral, will be a plus revenue for the State of Illinois and the government because we are able in this Bill to go after the assets, the forfeiture assets of these organizations and get their money, not just their time, their money as well."

"Thank you. Mr. Speaker, to the Bill. RICO is not all good and RICO is not all bad. And I believe that the Legislature needs to be informed of what it does accomplish, what it doesn't accomplish and actually what it cost. The federal model provides a helpful backdrop with which to analyze this proposal. First, RICO does not criminalize conduct that is currently legal. We already have laws that prescribe drug dealing, drug trafficking, violent crimes, sex crimes and conspiracies to commit these crimes. These crimes, the violent crimes, the sex crimes and the narcotics crimes involve large amounts of money and drugs. They already have serious penalties and we already have the related forfeiture provisions. What RICO does is it does increase the mandatory minimum sentences and 09700033.doc 19  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 sentences ranging in a major way. But since we already have serious sentences for these serious crimes, the biggest impact of RICO is to create huge penalties for the smaller players in drug conspiracies. Is it the Legislature's goal to incarcerate these little guys in large conspiracies for huge amounts of time? Those legislators who feel that the social benefits of increased incarceration outweigh the huge costs for the investigation, trial and incarceration that will result form this Bill should in fact support RICO. There is no question about that. But here's how RICO gets the little guys. Law enforcement arrests the small dealers, the small gang members and then threaten them with huge RICO consequences. They will threaten and squeeze these little guys and some of them will then become cooperators, wear wires and testify against other gang members and leaders in particular. The police will obtain eavesdropping orders based upon these statements of these little people. They listen to the conversations of the leaders for a month or two, draw a circle around everyone who buys or sells for the kingpin and charge everyone within that circle, be it large or small, with the overreaching drug conspiracy and with each member potentially on the line for the full amount of drugs bought and sold by the full group. This means that the indictment of 6, 10, 15, 20 or 65 defendants in the conspiracy will allow the conflicting of all but 1 or 2 defendants at trial. That is a problem. So, while this is definitely a powerful tool for law enforcement and if that is the sole priority for the Legislators, then they should vote for it. 09700033.doc 20  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 But here is the real reason to oppose it. The federal experience has taught us that capitalism is a wonderful thing. When you remove a supplier from the marketplace but demand remains the same, the new suppliers are going to step up and fill the void. This is what has happened as a result of the RICO cases. So, again, I understand what Anita Alvarez wants to do. I understand what you're doing, Mr. Zalewski, I have a lot of respect for you. But I think that we should all recognize what RICO truly is and its implications. Thank you, Mr. Speaker."

"We've already had three speakers in favor of the Bill and two opposed. The next person wishing to speak is Mr. Dunkin. Are you speaking in opposition to the Bill, Sir? Mr. Dunkin for five minutes."

"Thank you, Mr. Speaker and Members of the Illinois House. Representative, currently if you look at the text of your… of this legislation, it has a number of items that, such as aggravated juvenile pimping, solicitation of a prostitute, murder first degree, kidnapping, unlawful restraint, forcible detention, child abduction, et cetera and so forth that's listed in your Bill. Do we have laws that exist right now that are supportive or that are against all of those items that I mentioned or at least what's in the text of your… your legislation?"

"Representative, your question is similar to what Representative Davis just asked me a few minutes ago. They… the key to these… this legislation is that those are predicate activities. We do have those offenses as stand alone offenses in Illinois, granted; however, we are 09700033.doc 21  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 woefully behind when it comes to law enforcement in this state enabling to bundle those offenses together to get at the criminal enterprise. And we are, frankly, missing out on enforcing… taking the head off of these organizations by not having this type of statute."

"Representative, we just convicted… this state… federal prosecutors just found guilty our former Governor for lying to the FBI. You mean to tell me that they can't go after a… the head of a criminal enterprise here in this state? They just took down the head of our state not too long ago. In other words, what's the real significance of this Bill? If… if the Attorney General, excuse me, the State's Attorney wants to take out the head of an organized… a criminal enterprise or an organization, can she do that right now already?"

"I think the State's Attorney would argue that they are having instances, specifically serious grave occurrences, where judges are finding defendants not guilty because they cannot tie the offense to the individuals that ordered the offense. And therefore, serious criminals are being found not guilty in our court system."

"Representative… Representative, a… a murderous drug kingpin in this state, are you saying that… in Cook County, are you telling this Body here that the State's Attorney of Cook County cannot take away that person's freedom and arrest them, a murderous drug kingpin?"

"I mean, Representative, I…"

"It's a yes or no question, Representative." 09700033.doc 22  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"…can they arrest them? Can they arrest them? Sure, Representative."

"Can they sentence… can they arrest and convict a murderous criminal drug kingpin in Cook County, Illinois?"

"You just said the magic word, Representative, they cannot convict them."

"They cannot convict them?"

"If they can't tie the offense to…"

"If a… if a State's Attorney cannot convict a murderous…"

"Mr. Speaker…"

"…criminal drug pin, she needs or whoever they need to step down and not do their job or give it to someone who can do their job."

"Representative, what I would tell you about your question… the way I would answer your question is that law enforcement has come to us as a Body and has said, they can do a more effective, a more thorough job of protecting our citizens if they are able to use this tool to collate offenses and go after the enterprise and not the individuals who right now are not ultimately responsible."

"Representative, there's not one Member here who supports any criminal individual or enterprise. You know, what's curious is, why is it that the Illinois State Bar Association is against this Bill?"

"Again, Representative, as I said to Representative Davis just a few minutes ago, it's their long-standing practice to oppose this Bill. I… I will tell you what I told them and what I told Representative Davis and anyone 09700033.doc 23  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 who would listen this Bill has been narrowly drawn, it's been narrowly… it will be narrowly implemented and it is not the same Bill that's been introduced in the past. So, to the extent that you're concerned about the Illinois State Bar Association's opposition, I would just tell you that this is not the same Bill that they've been opposed to in the past. And going forward, this is the Bill… that they just stated that they would opposed to this Bill."

"Representative, the Cook County State's Attorney has the confidence that in myself and many Members here in this Assembly, we expect her to do the right thing all the time with any criminal at any level, quite frankly. What we don't want to do it to over criminalize anybody's process at the state or the county level. I'm just surprised…"

"Mr. Dunkin… Mr. Dunkin, your time has expired. Please bring your remarks to a close, Sir."

"Okay. To the Bill. I certainly see… see the intent of the legislation. You know, RICO… RICO… federal RICO law is far-reaching as most of us are aware of it. Again, if a… our former Governor was convicted of lying to the FBI, we surely can… can convict… arrest and convict a murderous drug kingpin or a kidnapper at any level, even in Cook County. And so, to have an excuse and say that they would not be able to convict someone of that level is… is misinformation and I'm questioning this piece of legislation. And I'm encouraging Members to vote 'no'."

"Mr. Zalewski to close."

"Thank you, Mr. Speaker. We've had a thorough debate on the issue. I would close… I would close…" 09700033.doc 24  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Representative Davis, on a point of personal privilege." Davis, M.: "Thank you very much. My name was used twice in debate; however, I will only speak once. I want to ask the Representative, has the state's att… excuse me, excuse me. Has the state's attorney been in the news recently…"

"Representative Davis… Representative Davis, you can state your point, but the time for debating with Mr. Zalewski has completed." Davis, M.: "Okay. Well, then, I'll state my point."

"Please." Davis, M.: "My point is the illustrious State's Attorney was recently in the news for her great investigative powers. I think the Chicago Sun-Times is seeking her use of those powers and encouraging her to use them all the time. Now, what I would ask, Mr. Speaker, because this is such a serious, egregious issue, I want a verification of the vote. Thank you, Sir."

"Lady has asked for a verification. That will be granted. Mr. Zalewski to close."

"I would bring four points to the Body in closing that I think they should know before they cast their vote on this Bill. Illinois has a disproportionally high gang problem when compared to other states. And one of the reasons why is because we do not have this tool, it is necessary to protect citizens from crime. Our State's Attorneys have asked for this and as a result, we should vote 'aye'. Second, we have instances in the past where judges have found individuals not guilty, specifically gang 09700033.doc 25  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 leaders, because they were not able to tie the people that committed the crime to the people that ordered the crimes to be committed. That is a serious flaw in our criminal justice system in Illinois and we need to correct it. Furthermore, I've heard a lot of comparisons to the fed… to the Federal RICO statute and how it compares to the state, vis-a-vis, the feds… the feds have the funding to do this. They selectively prosecute. We need the ability to do this as well. We need more cases done on the state level to be both a deterrent and a crime fighting tool. Finally, I would leave the Body with this thought, we are experiencing an issue in Chicago and throughout the State of Illinois, as far as I'm concerned, where gangs are breaking up into smaller groups. They are breaking up into smaller groups which increases the violence and makes it difficult to prosecute those responsible. Again, we've had a thorough debate on this issue. This is a narrowly drawn Bill whose time has come in Illinois. I'd respectfully ask for an 'aye' vote."

"Gentleman has moved for the passage of the Bill. A verification has been requested, so please vote your own switches. Those in favor of the Bill shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Eddy, Mr. Phelps. Please take the record. On this question, there are 90 voting 'yes' and 23 voting 'no'. Representative Davis, do you persist in your request for a verification? Representative Davis." Davis, M.: "Representative Brady." 09700033.doc 26  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Representative, we… we haven't started the…” Davis, M.: “Oh.” Speaker Lang: …verification process yet. There are 90 'yes' votes. Do you persist in your request for a verification?" Davis, M.: "No."

Speaker Lang: "The Lady withdraws her request for a verification. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Sacia."

"State your point, Sir."

"Welcome to Springfield. Moving to Supplemental Calendar #2, under Order of Resolutions, there appears House Resolution 183. Representative May."

"Thank you, Speaker, Ladies and Gentlemen of the House. I want to thank every one of you who has been so receptive to the children who are here from Children's Oncology Services to lobby for House Resolution 183, acknowledging the week of March 27-April 2 as Pediatric Cancer Survivorship Week. They are behind me in their red sweatshirts. They came to committee where they brought tears to the eyes of the Members of the Human Services Committee as they unanimously 09700033.doc 27  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 agreed to this Resolution and all of them became Sponsors. These children face life threatening cancer illnesses at a very young age. They all know the date they were diagnosed. They can give you the date of each surgery, each radiation, each treatment that they face. This is part of one of nine programs that the Children's Oncology Services do. They bring them to Springfield for a week to learn advocacy because they are going to have to advocate for money to pay for the services and for all of the… all of the things to deal with government, have government work for them. So, are they rising yet? I would like to acknowledge all of the children from Children's Oncology Services. Will you please stand?"

"Welcome to Springfield. Thank you for being here."

"They are brave, they are wonderful, they are my heroes. And as is everyone from this chamber who has signed on and talked to them and signed on as support, we have even more people signing on. So, with that, I just ask for your support for passage of House Resolution 183."

"Lady's moved for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. House Resolution 223, Representative Chapa LaVia."

"Oh this is the Resolution I was speaking about yesterday about how the United States Federal Government they're starting to do proclamations and recommendations. And while I'd like to get a point… first, I want to thank my colleague over here, Representative Jack Franks, for 09700033.doc 28  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 running it this morning in committee, but is that we make a point that this ends up being a national recognized day, not necessarily a paid day off. But, 40 years overdue, as a female veteran, it's so important that you guys all understand is the reason why you sit in those seats so comfortably is somebody died to give you the ability to do that. There are… people died. American soldiers, sailor, airmen died to give you the right to do that and at no time do I ever take that for granted down here in Springfield. And I just want to make sure that, you know, we live that every day and this is just a small little token for us to give back to… over 40 years ago not welcoming our sailors, soldiers and airmen back into our country and treating them disrespectfully for wearing the uniform of this country. So, this is just a speck of what they really deserve. And I hope for its adoption and I hope for the recognition that you as an American citizen understand what costs we ask of our men and women that wear the uniform of this country and that every day that you have the ability to change somebody's life by just thanking a veteran for what they do. So, I ask for its adoption. I would hope that everybody in the General Assembly on this chamber would be added as a cosponsor to this Resolution out of respect for our men and women that served at that time. And it… I'm honored to be able to be the only female veteran in the General Assembly and honored to represent veterans throughout the State of Illinois and the United States." 09700033.doc 29  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Lady moves for the adoption of the Resolution. On that question, the Chair recognizes Representative Stephens."

"Representative Watson."

"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I, too, would like to praise Linda Chapa LaVia for bringing this before this Body. And I give honor to Representative Stephens, Representative Watson and any of those who have family members who have served in the Vietnam War or others. We know that in America some of the poorest people in our country, some of the poorest families are the families of former veterans. Some of them come home with problems and we never have enough money to address those problems that they have and they only have them because of the horrors they have seen or been a part of in the war. I would urge everyone to become members of this Resolution and give honor to those who have certainly earned it in a very, very difficult fashion. Thank you again, Representative Chapa LaVia. And please add my name to this. Thank you."

"Representative Moffitt."

"Representative Chapa LaVia to close."

"And we walk among heroes all day long, a couple of our door guys are also Vietnam veterans. I would request that my name be taken off as the lead Sponsor and we place Representative Stephens as lead Sponsor on the Resolution, please."

"Mr. Stephens, the Sponsor of the Bill requests that… moves that all Members be named as cosponsors on the Bill. Leave is granted. And Mr. Stephens moves that the Amendment… the Resolution be adopted. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. Moving back to the regular Calendar for a bit of amusement. Next Bill is House Bill 1084, Representative Mussman, who will pull the red jacket from her desk. Mr. Clerk, please read the Bill."

"Representative Mussman on her first Bill."

"Thank you, august Speaker of the House and Members of this committee. House Bill 1084 creates the Business Mandate Note Act. Provides that every Bill which may effect… which may in effect raise the cost of doing business in Illinois may have a brief explanatory statement of the proposed cost requested before the Second Reading of the House, provides that the Department of Commerce and Economic Opportunity shall prepare the note with assistance as necessary from the businesses impacted, the ICC, the LRU 09700033.doc 33  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 or any other state organization representing our business communities. I request a 'yes' vote."

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

"The Lady most certainly will yield."

"I am."

"One of many."

"I believe that there's a least seven individual notes and I could not name them all at this time."

"The mandates note."

"There's a fiscal note."

"Pensions."

"Correctional." 09700033.doc 34  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"We are all in this together."

“A 'D'?”

"No, I think it's important that this one remains on its own. We know that Illinois has a… has a reputation for not being friendly to our businesses and not taking into account how they will be impacted when we change the rules on them. And I think that we need to further examine what we do and why we do it."

"Yes."

"Yes." 09700033.doc 35  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Yes, it is."

"They're concerned about the change in their workload. But they honestly already do a number of the notes. It is the appropriate place to do this business."

"You know what, they have actually changed that number on me a number of times. They have changed the cost estimate of what it might likely be and I don't think that they're… I don't think that that's a reason to do this or not do this. It's their job to help influence the businesses of our state and encourage them to prosper. And that's what this Bill will help them do."

"Yes."

"Nope, it doesn't state that in any way."

"And they are allowed to rely on outside entities to help them with this. They can have extra time in order to do this. They can do whatever they need to get the job done." 09700033.doc 36  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"No, I don't think that's a necessary Amendment."

"I respectfully appreciate that suggestion, but I think that I'm going to leave the Bill as it stands."

"I… I think…"

“Well, I think in this time of economic uncertainty that this Bill does… does rise to the top a little bit."

"I was prepared."

"Yep."

"Thank you."

"Ouch."

"Just for the record, I've heard you better, Representative. The Chair recognizes Representative Franks."

"I… I actually have some serious questions I'd like to ask, if I could, from the Sponsor?"

"Lady yields."

"Thank you. The previous speaker had asked about a certain agency's objection to your Bill, and you recall that came up in committee? And as I recall at that time their only objection was based on the fiscal consideration, correct?"

"Yes."

"Okay. After that committee, I just want for the Members to be aware that Representative Ramey, who's the spokesperson on that committee, and myself had written a letter to that agency as well as the others admonishing them for putting in objections to Member's Bills based on fiscal considerations. I think it's important that we're aware that it's… and we need to make sure that the agencies know that it's the General Assembly that sets the policy. It's the General Assembly who creates the budget and it's the General Assembly who directs them and not the other way 09700033.doc 38  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 around. Today in committee we also had Representative Moffitt had a Bill that had been hijacked in the Senate because a state agency had determined to get their own Sponsor to kill that Bill. So, we ran another one that was identical where Representative Moffitt had the ability to choose his own Sponsor. And I think it's very important that we look at these objections by state agencies with a highly critical eye because what they're always going to tell us, is they're going to tell us no, we don't want to do the work. And we have to remember that we are the ones who dictate the policy and we tell them what their jobs are, not the other way around. So, that's why I believe that this Lady's Bill is very important on a number of levels. And I encourage an 'aye' vote. And I think we need to send a very strong message to the agencies that we're not going to let the inmates run the asylum. So, please vote 'aye'."

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

"Lady yields." Davis, W.: "Representative, it's apparent that for freshman doing their first Bills that they are being asked to wear a red blazer of sort. And it appears that this tradition was started by Representative Ramey, who wears a very bright red blazer. Well, it shows up pink up there. So, he wears a blazer, as a matter of fact he's putting it on right now, I believe. So, but… but my question is, is that since this was started by him and he's asking the men to wear his blazer, is that his wife's blazer you're wearing?" 09700033.doc 39  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"No, Representative, it is not. I… I came prepared." Davis, W.: "Oh, you came prepared?"

"I did." Davis, W.: "Okay. I just want to make sure that that blazer's not a part of his wardrobe and he's just sharing his clothing with men or women…"

"It… it is not." Davis, W.: "…whichever, you know."

"In all due respect to the new tradition, I felt that it was appropriate to be prepared." Davis, W.: "Well, nothing wrong with that. You must have been a girl scout at one point in your life then I guess, too, being prepared. Well, it's your blazer so… But one thing that I am impressed with as we've seen from a few of the freshman that are introducing Bills is that they're actually introducing Bills of substance and that mean something and they are being talked about and discussed in some detail and not just flying out of here with absolutely no 'no' votes as well. So, I don't know if your Bill will necessarily do the same but as I've read the… the synopsis of it, I think it is actually something that's prudent as the previous speaker spoke to because there are impacts to the things that we do down here in Springfield. And there's nothing wrong with necessarily requiring a note of this type to be placed on those Bills that impact State Government and may have cost associated with them so at least we know what those costs would be moving forward as we make those decisions. So, congratulations, on your first Bill." 09700033.doc 40  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Thank you very much." Davis, W.: "You're welcome."

"Representative Sullivan."

"Yes?"

"Yes."

"Well, it means that if I felt that it wasn't necessary but you felt that it was necessary, the House, by Majority could vote… could decide whether it was necessary or not."

"I… I do, but I do not think that that was in any way the intention of… of the wording it that way."

"It… I do see where you're coming from. I… I don't know that I feel that that's a justifiable concern right now. Again, that's not the intention."

"And I don't think that it's meant to be part of a political maneuvering."

"I do not feel it needs to be a recorded vote."

“It would?"

"Do we have… do we have a parliamentarian who can weigh in on this?" 09700033.doc 42  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Why don't we continue the debate and we'll try to get you an answer to this important question."

“Okay.”

"So, we are doing it as a recorded vote, is what I'm being told."

Speaker Lang: "Have you completed your questions, Mr. Sullivan?"

"I believe that's correct and we're getting you an answer. Mr. Fortner."

"The Lady will yield."

"We… we were working to perfect the wording of the Bill by adding an Amendment because we wanted to make sure that it did not in any way conflict with a Bill that you had proposed during the previous year. So, we… we did add the Amendment that addresses that situation to make sure there is no conflict."

"You're right. Absolutely."

"No, I'm sorry I do not. I thought it was you, Sir."

"No, my understanding is anyone can apply the note. You do not have to be a Member of JCAR."

"Would… would it not be stamped on the Bill by all… the LRB?"

"Would the rules have to be published?"

"Correct."

"The rules have to be published for public input."

"They're published by the Secretary of State's Office."

"He would let you know where they were published and available for review."

"You could take it to the Secretary of State or to JCAR."

"You know, I'm not familiar with that particular section of the rules. You know, as… as you know being a freshman there's an awful lot to learn. And with the JCAR that is not my area of expertise."

"So, yes, I admit."

"Absolutely."

"Yes, thank you."

"Thank you. Very happy to work with you."

Speaker Lang: "Mr. Ramey. Apparently is wearing the same clothing that the Sponsor is."

"I'm certain she'd be happy to yield for you, Sir."

"A… a whole lot of money, Representative Ramey."

"I think that it would help."

"It is definitely."

"That's what they claim."

"I… I assume you send in a resume."

"We… we are not."

"Yes."

"John Milner."

"Well, you never know quite how to coordinate when it's your first Bill."

"Mr. Durkin."

"Lady yields."

"The original turnaround time is five days unless they request an extension."

"No, it does not specify. I believe that they would have the opportunity then to suggest about the timeline that they would like. It can't go after I believe it's June 30."

"It's June 15?"

"I suppose that's one way of looking at it."

"No, that's… that's a… no it doesn't."

"Well, you… the DCEO and I think you by request could request information from other competitive agencies to make sure that we're getting a well-rounded picture of the numbers that we want to look at. Part of the Bill does not have a formal… a formal process for you being able to go back and… and ask to have it changed. Again, as you had said, the… the information being provided is… is really information only. So, I don't know that it's… it's the kind of information that's going to make or break the passage of the Bill."

"Thank you."

"Mr. Sullivan, in answer to your inquiry, the parliamentarian has indicated to me he does not rule on issues that are not directly before the Body. He does not issue advisory opinions, but I have a personal opinion. If you want to come up here, I'd be glad to give it to you. Representative Mussman to close on her first Bill."

"I wanted to say thank you to everyone for allowing me to… to read my first Bill and for all the favorable comments that was given to me. Excellent work by my assistant, Tyler Hunt. There are a number of supporters throughout the business community that are very interested in the process of this Bill. I think it is a very good first step toward indicating to the businesses in Illinois that we are very serious about being conscientious about the rules that we make and how it affects them. And I would very much appreciate a 'yes' vote. Thank you." 09700033.doc 52  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Lady’s moved for the passage of her very first Bill. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Dunkin, Morthland, Saviano, Sommer. Mr. Saviano. Please take the record. On this question, there are 111 voting 'yes', 2 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3236, Representative May. Representative May. Out of the record. House Bill 1748, Representative Lilly. Please read the Bill. Sorry. Representative Lilly, will you hold for one second. The Chair recognizes Representative Bost."

"Thank you, Representative. Now, Representative Lilly. Please read the Bill."

"Representative Lilly."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Today I'm presenting the passing of House Bill 1748, for the adoption of the Amendment of the existing guidelines to the Department of Corrections, Department of Juvenile Justice and the Cook County Jail. House Bill 1748 gives IDOC the option of implementing volunteer opt out HIV testing, an effective practice that has been shown to increase HIV testing rates. This will help more inmates to learn their HIV status, which in turn will protect our 09700033.doc 53  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 community when the inmates are released and returning home. It would also reduce the IDOC health care, acute care costs within the system. I thank Representative Howard and I join her today in expanding HIV testing, increasing prevention services and services to the inmates. I thank IDOC for their excellent work with volunteering, drug testing and their assistance to this Amendment. At this time, I am open to answer any questions."

"Lady's moved for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bradley, Mautino. Please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Moffitt."

"Please state your point, Sir."

"Next Bill on the Calendar would be House Bill 3384, Representative Morrison. Please read the Bill."

"Representative Morrison."

"Sir, for the Chair's edification, is this your first Bill?"

"All right. Representative Mussman… Representative Mussman, could you bring him your jacket, please. The 09700033.doc 55  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Gentleman's moved for the passage of his first Bill. The Chair recognizes Representative Eddy."

"Gentleman yields."

"We don't worry about that on first Bills, Sir.”

"No matter how boring it gets, we'll let you say what you need to say."

"There's nothing in the rules that requires him to do what I tell him to do, Sir."

"Representative Franks."

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

"I'm certain he will be glad to yield."

"And I'm not… I want to preface, I'm not trying to be funny. I'm going to asking some serious questions here."

"I'd like to know who asked you to carry this Bill?"

"And who drafted this Bill?"

"Well, I'm concern… I’m seriously, I'm concerned about the drafting of this Bill with the constitutional aspects of it. Have you read the Bill closely?"

"Okay. As I'm reading the Bill, what you're saying is that the currency of the United States is not legal tender."

"In the Bill you specifically prohibit people from using United States currency to pay their obligations."

"Is there any other business in the entire country that we prohibit from taking United States currency?"

"I… I'm not sure that this is legal under the Commerce Clause. I don't see how you can say that United States currency cannot be used to fulfill an obligation, number one. Number two, in your Bill you require proof of ownership of the containers. Do these containers come with titles?"

"How can you tell who owns them then? Because if you can't you… you're saying that they should have a $10 thousand fine though they can't pay in cash for that fine."

"Now, does the… doesn't the Amendment ch… move the civil penalty up to $10 thousand?"

"Okay. Regardless of the penalty aspect, how can you determine ownership? Because you have to determine the ownership prior to the sale. Giving a bill of sale will not determine ownership."

"Who keeps those things? I mean, ‘cause let's assume I pick up… you know, there's a scout troop and they're picking up the milk containers. They happen to be doing the cleaning up along the road way and they happen to find six 09700033.doc 62  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 of them because your limit is five, because they got blown away in a… in a big storm. And some kid picks these up, brings them to these guys because they're the ones who buy them. They don't have proof of ownership. Are you going to fine the boy scouts $500?"

"I think it's way too onerous to show the ownership. You've told me that there's no title. How can one prove ownership? If I show up with six of these crates and let's say, I bought them at a garage sale… I bought them at a garage sale. And I didn't get a receipt because I paid in cash and the lady didn't give me a receipt. So, I bring them these six and I say, hey, I bought these containers. How do I prove that?"

"Well, we already have laws against theft."

"We already have laws against theft. I don't see how this would help because it seems so onerous when you're saying that you can't use United States currency, first of all and there's no discernable way to determine ownership. I… I understand what you're trying to do and I like the idea, but this is not the way to do it." 09700033.doc 63  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Well, they might have… they might have owned them at one time. But let's assume the company went out of business because there was a heck of a lot more dairies in my district 10 years ago than there are right now. So, let's assume that these were sold to a dairy farm because they were picking these things up and then that dairy farm is no longer in business, so those are no longer the same owners. There's no chain of title on these things, are there? It's not like it's a car where you have to sign for it."

"So… so what you want to do is highly regulate this industry? I mean, I've heard you talk and you've come to see me. I know you're a conservative guy; you're a Tea Party guy. And you're talking about requiring more government… and you're saying you want more government, you want more regulation. We can't use United States currency. I'm serious. I don't see how you can put this together. I understand what you're trying to do, but there's… every ill does not have a legislative remedy. We don't need to continue to pile on laws. Maybe we should have a law that if you pass one, you should take two more off the books. Don't you think that people are…"

"…don't you think that people are a little…"

"Mr. Franks…"

"…overregulated in this state?"

"…Mr. Franks…"

"…Mr. Franks, could you bring your remarks to a close, Sir?"

"I'll go to the Bill. I… I think that we need… I think that the businesses in this state are already regulated enough. You talk about… we see letters that people are trying to take our businesses away from us. We've raised taxes on our businesses, we have problems with our workers’ compensation, our unemployment levels are high. Our 09700033.doc 65  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 unemployment insurance, we might have to raise taxes on businesses to replenish. And what this Representative wants to do is to put higher regulations on business as well as not allow United State currency to be used. I'd encourage 'no' votes."

"Mr. Stephens."

"Gentleman will yield."

"Mr. Rose."

"Gentleman yields."

"Mr. Turner."

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

"Gentleman yields." 09700033.doc 69  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"I just have one quick question. If I have a stockpile of crates and decide to turn in four a day… maybe four today, four the next day, four the day after that. Could I potentially get around the purpose of your Bill?"

"And the people who are stealing these crates, in my mind I'm thinking of a big crate like a large… maybe a bread crate or something like that or a few milk cartons that kids or something like that is stealing them? They probably couldn't carry more than five anyway, right?"

"So, if I'm turning in those four every day, the paper trail by not being paid in cash and given a check, would that… would that trigger some alert that would have authorities come after me?"

"Thank you."

"Mr. Morrison to close on his first Bill."

"Gentleman moves for the passage of his Bill. And on this question, those who are in favor will vote 'yes'; 09700033.doc 70  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Burns, Gabel, Jones, Rita. Mr. Jones. Please take the record. On this question there are 88 voting 'yes', 17 voting 'no' and 7 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mautino in the Chair."

"Representative May, the Lady from Lake is seeking recognition?"

"Thank you, Speaker. I would like the Members of the General Assembly help me welcome the Highland Park High School baseball team. They're right behind me in their team jackets. They're down here to play some games; they're playing Chatham and Griffin. They say they're very tough, but go, Highland Park."

Speaker Mautino: "Further discussion? Excuse me. Congratulations, welcome to Springfield. Representative Tryon is seeking recognition."

Speaker Mautino: "The Lady from Cook, Representative Feigenholtz is seeking recognition."

"Thank you, Mr. Speaker. I would like the record to reflect I intended to vote 'no' on House Bill 3384." 09700033.doc 72  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

Speaker Mautino: "Record will reflect your intentions. The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Just to make a comment on Representative Tryon. I want to thank him for his efforts to work to put together and help establish this Diabetes Caucus. If you listen to the names that he mentioned that were a part of it, as you can see this is a bipartisan effort as well as a multicultural effort because we recognize that diabetes as a disease impacts you no matter who or what you are, race, ethnicity, it doesn't matter. We talk about prevalences and higher incidences of this disease in minority communities, but the reality is that it impacts everyone. And I really want to thank him for his efforts. He's working not only in the House, but we also have Senate Members that are a part of this caucus. And if you know people who are afflicted by it, your constituents, family members whatever the case may be I encourage you to be a part of this caucus. While we have several different groups in the General Assembly, but this is one that I know touches everybody. And I strongly encourage every Member, if it is indeed your desire to work with us, we're trying to do some good things toward outreach. We've talked about raising the issue of food desserts because we know the impact that it has on this type of disease. So, we encourage you to be a part of this newly established Diabetes Caucus. Thank you very much, Representative Tryon for your efforts." 09700033.doc 73  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Under the Order of Second Reading, appears House Bill 1530. Representative Lang. Mr. Clerk, read the Bill."

"The Gentleman from Cook, Representative Lang on Floor Amendment #3."

"Thank you, Mr. Speaker. The Amendment is purely technical. I move adoption of the Amendment."

"Gentleman moves adoption of Floor Amendment #3 to House Bill 1530. All in favor say 'yes'; opposed say 'no'. The 'yeses' have it. And the Amendment’s adopted. Mr. Clerk, further Amendments?"

Speaker Mautino: "Third Reading. Representative McAuliffe, House Bill 195. Out of the record. Representative Jakobsson, House Bill 1949. Read the Bill."

"The Lady from Champaign."

"Thank you, Mr. Speaker. House Bill 1949 replaces the Director of the Illinois Board of Higher Education with the… with the Circuit Court Clerk of Cook County on the Law Enforcement Training Standards Board. This came as a request of the Illinois Board of Higher Education and then I worked with the Law Enforcement Training Board. And I urge an 'aye' vote." 09700033.doc 74  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"The Lady moves passage of House Bill 1949. All in favor will vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Burns, Hatcher, Mell, do you wish to be recorded? Representative Mell. Mr. Clerk, take the record. 112 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1949 is declared passed. Representative McCarthy, House Bill 3376. Read the Bill."

"Representative McCarthy."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 3376 was unanimously supported in committee. It's basically a cleanup. Last year when we did the police and fire pension Bills, we made a mistake in the drafting of the one for the Chicago Police Article. And this makes it clear that their COLA will also be 3 percent or less the… the lesser of 3 percent or half the CPI. There is no opposition. The Chicago Police are for this as well as all other pension groups. Appreciate your support."

"Gentleman moves passage of House Bill 3376. All in favor will vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Burns, Pritchard, Beiser. Mr. Clerk, take the record. 112 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 3376 is declared passed. Representative Feigenholtz, House Bill 3207. Out of the record. Representative Farnham, House Bill 1726. Representative Farnham. Read the Bill." 09700033.doc 75  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Representative Farnham."

"Thank you, Mr. Speaker. I'm sorry, Mr. Speaker, we want this out of the record."

"I'm glad that you trotted back to tell us that. Out of the record. Representative Dunkin, House Bill 1383. The Gentleman from Cook, Representative Dunkin."

"Thank you, Mr. Speaker, Members of the House. House…"

"Mr. Clerk, read the Bill."

"Representative Dunkin."

"Thank you, Mr. Speaker, Members of the House. House Bill 1383 simply is a Bill that supports a burgeoning industry here in the State of Illinois. And I am encouraging all of our agricultural… I'm encouraging agricultural diversity with hemp legislation, given the fact that this market has grown tremendously. And I would ask for an 'aye' vote. Thank you."

"Gentleman moves passage of House Bill 1383. And on that question, the Gentleman from Winnebago, Representative Sacia."

"He indicates that he will."

"Thank you, Mr. Speaker. Representative Sacia, you are correct. As a matter of fact, your predecessor was a strong proponent of this… this alternative agricultural market or the business of growing hemp. If you grow a marijuana crop next to a hemp crop, you actually will kill the marijuana crap… crop."

"So, this is the… almost a complete opposite of… of growing marijuana. You lower the TH… the tetrahydro…"

"…Of the cannabinol of the marijuana crop. Thank you."

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

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

"Indicates that he will."

"Representative, I heard you say a moment ago if you grow a marijuana plant next to a hemp plant, it'll kill it?"

"It'll lower the… the tetrahydrocannabinol." 09700033.doc 77  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"How do you know that?"

"Well, all the research indicates that, Sir."

"Is that empirical research you’ve conducted yourself or is that from some journal article?"

"Is this your first Bill?"

"Sort of. You know, I'm… I've read extensively on this subject matter and all empirical evidence and data support my hypothesis."

"Would growing of hemp constitute a predicate offense under a RICO statute?"

"Come again?"

"Would growing of hemp constitute a predicate activity under a RICO statute?"

"It should not, Sir."

"All right. Thank you, Mr. Speaker."

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

"He indicates that he will." Davis, W.: "Representative, is this your first Bill?"

"Yes." Davis, W.: "All right. All right. In all seriousness, what exactly does this Bill do, again?"

"This Bill simply allows farmers to look for an alternative… grow an alternative crop of hemp. As we all know, hemp plays a major role in… Well, it's a new burgeoning market here in this country. We import over… well over $2 billion worth of hemp products. Anywhere from… you can make gasoline, car products, clothing, lotions, 09700033.doc 78  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 hair products. It is a part of the new green movement all across the country. We import a tremendous amount from Canada, from Europe. And a lot of other states have picked up on this industry and it has been tremendously successful in growth… in industry growth here. And this is… this here will put Illinois ahead of the curve of most states." Davis, W.: "Okay. Thank… thank you very much. I guess the reason why I asked that question is ‘cause in some respects we… we equate, I guess, hemp to a… what would otherwise be referred to as a controlled substance. But is that not the same as… as what we consider to be a controlled substance or something different?"

"You're absolutely correct. You're absolutely correct. It's the complete opposite. It just has an extremely low tetrahydrocannabinol properties there." Davis, W.: "Tetra what?"

"Tetrahydrocannabinoid." Davis, W.: "Tetra who?"

"Tetrahydrocannabinoid." Davis, W.: "Okay. Something like that, right? Okay. So, it has a low level of this and is not considered to be a controlled substance as we normally would refer to it as that, correct?"

"That is correct. Yes, Sir." Davis, W.: "All right. Thank you very much."

"Thank you."

"Further discussion? The Gentleman from Knox, Representative Moffitt."

"He indicates that he will."

"Oh, it would… at this part… at this portion, it's hard to really say given the fact that it is such a growing… a fast growing market in this country and all over the world. I would say this could compete with some of our grains and our… our soybean production and I mean, ‘cause you can take hemp in all different areas of sort of common usage that we… we currently take advantage of. Again, hair… hair care products, lotions, car… your internal car parts, to even make rope. You could do a number of very progressive and natural product of goods and services. Well, goods, out here in this country."

"Not at this time."

"Not at this time."

"I… I know that… that we… we import here well over $2 billion of hemp products all over this country. That's… 09700033.doc 80  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 excuse me… $27 billion in hemp products that we can measure thus far. And it is growing month after month. And it's… it's time that we really allow our farmers to… to run with this industry. The Illinois Farm Bureau is very supportive of this here. And you know, this is a part of our… the greening of Illinois movement."

"Further discussion?"

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

"He indicates that he will."

"I'm not exactly sure of that. You know, hemp… hemp is allowed to be imported here in this country, Representative."

"Oh, yes." 09700033.doc 81  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Yes."

"Either 12 or a dozen."

"Yes, I forget.

“It's one or the other, Representative."

"Exactly."

"Yes."

"Hey, if… it makes sense. I think (indiscernible) smart. I mean, there… there's some interesting facts here. Ben Franklin he actually owned a… a hemp paper mill. He made… his paper was made of hemp. There was also… you know the parachute that saved one of our good fellow Republicans… your fellow Republican George Bush. The parachute that he jumped out of… when he was in the World War II was made of hemp fiber."

"Question?"

"You know, I'm not exactly sure. I… I would assume, yes, given the fact that it's such a huge market for it now. ‘Cause people… again, keep in mind it’s the same fabric… the same materials that you use you can make cotton, petroleum, paper, other products can be used for hemp. And again…"

"Sure."

"There are no opponents."

"My… my analysis has no opponents."

"I don't recall.”

“No."

"Thank you, Representative." 09700033.doc 83  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

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

"Absolutely go right ahead.”

"I will get a ruling for you on that and then get back to you. The Gentleman from Champaign, Representative Rose."

"He indicates he will."

"Well, first of all, again, under… understand the science of this. You know, industrial hemp contains less than 1 percent of the tetrahydrocannabinoid. You know, the psychoactive component of marijuana. And most of your botanists or your plant experts are… are very much familiar with this."

"As been the case, so really it doesn't… it's like… it's akin to you drinking nonalcoholic beer and expecting 09700033.doc 84  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 to get drunk. It's… it's not going to happen. And so, and I’m not slighting or discounting what… your question."

"Representative, excellent question. Hemp grown at its most strongest fiber is at 1 tetrahydrocannabinoid level. If you want marijuana, you want to work… the range is anywhere from 5 to 20 percent of the THC. Obviously, the higher the THC the stronger or more effective the psychoactive component of marijuana kicks in. We clearly don't want to go anywhere near the 20 percent of THC. And so…"

"Well, Representative, this legislation simply allows a farmer to produce hemp and to allow them to have a license to produce hemp. I can't necessarily speak to a trained or an untrained eye of a law enforcement officer, but we simply want to shore up… create… help to create and push a new industry, a new alternative to cotton, alternative to timber and to take advantage of the natural product of the hemp concept, the hemp industry, which has been around for quite some time and…"

"…we have not intentions of having this associated whatsoever with up to 20 percent of THC…"

"…in the product."

"Representative, I…"

"Sure. Representative, I… with all due respect to you, you're someone who I work with, we're classmates. You know, most law enforcement officers we… we have to assume are a bit more intelligent than the opposite of nonintelligent. They are…"

"…we're not… that's a bit over-the-top, quite frankly."

"Representative… Representative, this… this simple… this Bill is pretty straightforward. It simply allows farmers to receive a license to grow industrial hemp. And before any law en… you know, our law enforcement in this state are pretty sharp, all right? Before they take any drastic action of burning a crop of any level, you know as well as I know that they will inquire with the owner or whoever's the… the person out there in that crop to find out exactly what is this. So, I mean… we don't want to be too… make this too simple. Police officers are pretty sharp. They will act intelligently and before they burn or destroy anything I would imagine that they would and you as well being an attorney, that they would have due process or a rationale or real reason of substance before they destroy or damage anyone's crop… anyone's property."

“Yes.”

"Representative, this is… I don’t want to make a mountain out of a mole here."

"I trust our police judgment and their intelligence here in this state."

"Come again?"

"Yeah."

"I appreciate that. And we can amend the Bill, Representative. Again, this Bill it's… it merely enhances an industry or creates… helps to create an industry that's here in this state that is a natural phenom all over this… the country, quite frankly. We're importing close to $30 billion of product that we use every single day. Clothing, lotions, hair products, physical products with simple fibers. These… this is a good thing. This here takes… helps 09700033.doc 89  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 to take the State of Illinois into the 21st century. And farmers are very supportive of this legislation and I'm proud to be carrying it as a Sponsor."

"There has been a question from the Gentleman from Jasper as to the… the number of votes required and does this preempt Home Rule? And on behalf of the Speaker, I'll get you that answer now."

"So, the vote requirement on this Bill will be 60 votes. Further discussion? The Gentleman from DuPage, Representative Fortner."

"He indicates that he will."

"I want you to elaborate."

"Representative, currently we… we import almost close to $30 billion in hemp product today. And what this does is it simply helps let our Federal Government know that this natural industry that's occurring here, that all states… well, many states are importing here in this country. Things changed. There are a lot of antiquated Federal Laws that exist that states have encouraged the Federal Government to move into the right category of the 21st century… of the century that we're in. And this is indicative of that. And certainly, you know, you… did that answer your question?"

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

"He indicates that he will." Davis, M.: "Representative, is your purpose here to assist the State of Illinois in finding income?"

"Can you state your…" Davis, M.: "I mean, are you… industrial hemp. What will we do with it?" 09700033.doc 92  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Industrial hemp is… it is… as I explained before, Representative, this legislation simply allows planters, farmers to have an alternative crop such as hemp. They are able to grow corn, soy prod… soybeans and a multitude of other vegetables as we know it today that we consume. And this merely is an alternative to… to various crop production. It is… there is a growing and active market making…" Davis, M.: "It's one of the products that grows in Illinois. Is that correct?"

"You know, it… there probably are farmers who grow hemp unbeknownst to us. I'm not exactly sure. But I would imagine so given that there's a… a strong financial incentive a part of this industry yes." Davis, M.: "Okay, Thank you. To the Bill, Mr. Speaker."

"To the Bill." Davis, M.: "I do believe in this economic crisis that were all suffering from, including our farmers, our downstate farmers, if this product would give them an opportunity to sell an additional product across this country, I think it would behoove us to support the legislation. Our constant concern with people getting high is almost becoming laughable. And the reason it is, if you look on the Internet every day there's something new being offered… there's some new substance that's being offered that somebody has found out that makes you giddy for a half an hour or two hours. I think our concern should be… a great deal of it should be placed on it… what is it about our society that's making people want to use substances to get 09700033.doc 93  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 high? What is it you want to get away from? What are the conditions being created that make you not want to be in your right mind? So, for us to constantly deny an opportunity to a farmer, who may be suffering greatly, to sell another product I think we're missing the boat. You know, I think we're trying to control something that at this point is no longer controllable. It's no longer controllable the substances people will use to become high. I urge an 'aye' vote. Thank you."

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

"He indicates he will."

"To my knowledge, it is."

"Right here."

"Representative, I certainly appreciate your inquiry and your concern. First of all, states need… need to do this. The biggest reason is because practically every state in this country is already importing hemp products… hemp produced products from soap to hair care products to clothing to blankets to t-shirts to… to shoes to the interior of some of these cars and trucks that we drive, it's made by way of hemp. And does… there have been plenty of times where states have been three years, two years sometimes decades ahead of the Federal Government. And just because something is marked as one way or part of a scheduling system and not the other does not necessarily mean that we're far off. So, that's the… that's the big irony or the contradiction of the Federal Government not being ahead of themselves with this particular legislation. We have many more examples that… where this exists. The fact of the matter is, hemp is already in this country. It is produced and cultivated in places like… primarily through… all throughout Europe and Germany and Hungary and Russia and China and Canada where they are importing very actively hemp produced products. We also need to consider producing hemp petroleum as an alternative to the gasoline 09700033.doc 95  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 industry or excuse me, the oil that we're so dependent on with foreign countries. This is merely a further step in that direction. I am comfortable with producing a House Resolution to talk to the Federal Government, we do that quite often here, but that should not negate the fact that an industry is amongst us. It is active; it is very, very much a part of our respective country's economy. It is a part of the fabric of most human being's households, their lifestyles, whether we're aware of it or not. And to… to simply say the Federal Government has it under one particular Schedule compared to where we want to be is… is a… can be potentially shortsighted. And again, I mean that in no disrespect. What I would love to do with you or any other… any other of my colleagues is to come up with a House Resolution, as well, to accompany such legislation. But here, anytime you have Illinois farmers, our farmers, supportive of this measure, I think that speaks volumes in terms of where we need to be."

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

"Yes."

"No, it's not."

"They're very supportive."

"As your… as your analysis indicates as well."

"Yes."

"Jasper County."

"Representative… Representative Reis's community."

"Rep… Representative, here's… can I give you and… we… this state has done many of… taken many of actions that the Federal Government has not been aligned with, am I correct? I mean you know that."

"No, that's… that's not necessarily true. What we're…"

"Representative… Representative, our… you, and like many other Members here, you've heard of the… the Declaration of Independence, correct?"

"Do you know the Declaration of Independence was grown… was written on hemp paper, Representative? Thomas Jefferson, our President, had a hemp farm here in this country. George Washington, our first President, grew and cultivated hemp in this country. These were federal 09700033.doc 98  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Presidents. As I stated before, our former President George Bush, the first one, what saved his life was a parachute made of hemp fibers."

"Hemp is a reality here, Rep…"

"I mean, you're… you're…"

"Thank you."

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

"The Gentleman asks the previous question be put. All in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'yeses' have it. And the previous question is put. Representative Dunkin to close." 09700033.doc 99  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Thank you, Mr. Speaker and Members of the House. I am extremely proud to present this legislation, to have us really take advantage of this multibillion dollar industry that has taken over this country. We are, unfortunately, importing way too much hemp produced products. We are consuming a multibillion dollar industry. Historically, again, President George Bush… excuse me… President George Bush's life was saved with a parachute made of hemp product. President George Washington, President Thomas Jefferson, both grew hemp. Ben Franklin owned a paper mill that made hemp paper. Thomas Jefferson drafted the Declaration of Independence on hemp paper. More than 75 percent of the world's paper was made from hemp fiber. We need to look at hemp producing products for alternative fuel, for many other products here that all of us take advantage of. Some of us are probably wearing hemp produced socks, hemp produced t-shirts and suits. If you look in the interior of your car, hemp fibers are more than likely a part of your personal reality. Our Illinois Farm Bureau… Bureau is very supportive of this legislation. I want to help, like many of you, take this state into the 21st century. Irrespective of the Federal Government, this Bill should help encourage the Federal Government. I am willing to Sponsor a House Resolution to that end. I'm encouraging and asking all of you good people, my colleagues, to support this hemp legislation and let's move into the green movement. Thank you."

"The Gentleman has moved passage of House Bill 1383. All in favor will vote 'yes'; opposed vote 'no'. The 09700033.doc 100  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Durkin, Feigenholtz, May, Sullivan, Williams. Sullivan and Williams. Representative… Mr. Clerk, take the record. 28 voting 'yes', 83 voting 'no', 0 voting 'present', House Bill 1383 is declared defeated. The Gentleman from Champaign, Representative Rose is seeking recognition. The Gentleman from Jacksonville (sic-Jackson), Representative Bost."

"The record will reflect. The Gentleman from Cook, Representative Ford."

"Mr. Speaker, I'm sorry you guys did my colleague like that, but the question that I want to know is, he already has the trophy, what's the rule if you have the trophy and you get 100 again?"

"The Chair had the discretion for a quick trigger and was merciful."

"All right. Ken Dunkin, I'm sorry your Bill failed. Keep up the good work."

"Further discussion? No. Representative Brown, there’s House Bill 2048. Do you wish to call the Bill? Mr. Clerk, read the Bill."

"Representative Brown, is there a reason for the red jacket?"

"Oh, just glad to help, good luck with that."

"The Gentleman moves passage of House Bill 2048. And on that question, the Gentleman from Jackson, Representative Bost."

"He indicates that he will."

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

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

"Thank you. Will the Sponsor yield? Did I get answer?"

"All right. We'll just do this without the Speaker, then how's that? I like the jacket, Sir. Do you agree with me we should have like a closet full of red jackets, like they have the green jackets at the Masters, would that be a good idea?"

"You want to make that part of your Bill, move it back to Second Reading?"

"All right. So, where did you get this Bill, Sir? You didn't write this Bill, did you?"

"A former prosecutor, current State Representative. So, could he not handle this Bill without your help?"

"I do the jokes here, but that was a good one. That was a good one, I liked that one. I like when you can give somebody else a hard time while we're talking. Right? It's like… it's like he's not in the room, isn't it? Actually it's usually like he's not in the room, but that's okay. So, I'm sorry. I'm sorry, Sir. So, why… why did you have this Bill as opposed to anybody else around here?"

"So, that's why you think it's an important Bill, but why you? Why do you have this Bill? You didn't draft it. You probably don't even know where LRB is, you were only here about eight minutes. So, why did… how did you get this Bill as opposed to anybody else on your side of the aisle or on this side of the aisle?"

"And so, are you saying that Decatur has more drug problems than the other cities in the State of Illinois?"

"What State’s Attorneys have you talked to to determine if they're actually interested in taking on this program?"

"I suppose I can. I don't want to, but I will. What State’s Attorneys have you talked to to determine whether they are interested in doing what the Bill would ask them to do?"

"That's not what I asked you, Sir. What State’s Attorneys have you talked to to determine whether they're interested in doing this program?"

"And so, how do you know that they…"

"…want to do this Bill?"

"Well, how do you know the State’s Attorneys Offices are set up to create grant programs and create whatever committees are necessary to determine who gets the grants? How do they set that up? The Bill is silent on that. How's that going to work?"

"So, does this Bill only affect your counties?"

"So, I'm going to ask the question again. How do we know the State’s Attorneys can set themselves up to do this? The Bill is silent on how they go about creating the program, if they wish to."

"What's the largest county in this state, Sir?"

"You ever been there?"

"Okay, just checking. Since you've been there… have you been there since you've been an adult?"

"Okay. So, have you checked with the Cook County State’s Attorney as to whether they can even do this program?"

"Was that… was that responsive in some way to my question?"

"All right. So… thank you. You're the first person to ever admit that on the floor of this House in 24 years. So, I appreciate that. So, is there any such grant program even in your county? Is there any program that the state’s attorney in your county administers that's a grant program where they get to take fines and other forfeitures and pass it off to third parties at their discretion?" 09700033.doc 109  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"So, this would be… you're groundbreaking?"

"And you stole this Bill from Representative Reboletti because you wanted to do this?"

"He allowed you or he kind of foisted it on you?"

"Not bad, Sir. Thank you."

Speaker Mautino: "The Gentleman from DuPage, Representative Reboletti your name has been used in debate in very interesting fashion. So, please, go right ahead."

"He says no."

"He said, no."

"You can treat him as a hostile witness if you like. He said now he will."

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

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

"He indicates he will."

"Wonderful. Representative, how’d you vote on my last Bill on the hemp Bill? You know…"

"…and why would you have done that, Sir? This is a cousin of the hemp Bill, marijuana. So, you're trying to have the State’s Attorneys Office benefit from seizure of marijuana, correct?"

"Other substances? Illegal substances?"

"Other illegal controlled substances?"

"Where is the DEA on this particular controlled substance?"

"Okay. Are you a member of the Illinois Farm Bureau?"

"And you voted against the hemp Bill that they were fully vested in and supportive?"

"Well, Representative, I see marijuana used in this Bill. And a number of your… your colleagues and my friends on your side of the aisle voted against the cousin or a distant cousin of the marijuana cousin. And now you're trying to profit from that or at least this legislation to 09700033.doc 113  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 say they would take the proceeds and benefit their respective State’s Attorneys Office. Am I correct?"

"So, do you think this would increase or enhance a States Attorney's activity to really rid out and seek these big drug busts or controlled substance raids of sort of prosecution just so they could capture the finances of… or the proceeds as it relates to here…"

“…and property?"

"So, what if there's no marijuana or controlled substance or… to seize or to bust? How would they function if there is no… no profit?"

"I see. They won't have… So, if they can't pro… benefit or profit from marijuana or controlled substances, there's no money for it, there's no grants to allocate, right?"

"I see. So, if we were to have a hemp industry in this state, that… that way we could create a new tax base, hire more people, we can cultivate all kinds of farms to build 09700033.doc 114  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 and grow industry. We can develop fuel for our cars. Am I right? Yes?"

"I'm speaking of the hemp Bill as it relates to the distant cousin of the marijuana or the cannabis you have here. Under Controlled Substances Act, Cannabis Control Act there is… isn't there a tie in? Isn't hemp a part of the cannabis family."

"Representative, that's a yes or no question."

"That's a yes…"

"Representative, so you want to rescind your vote on the 'no' on the hemp Bill, correct?"

"And you're a member of the Illinois Farm Bureau?"

"And you voted against the hemp Bill? And now you're… you're making reference to profit from, just like I wanted the hemp Bill to be a big profitable mechanism here in this state. So, you are supporting proceeds of an… a cannabis controlled substance to profit to feed into other not-for- profits organizations, is that correct?"

"You don't think the people in your district would want to see a new industry, since we're already spending billions of dollars in this state alone on hemp, to see new 09700033.doc 115  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 proceeds, new profits come about? Your district… they want to be immune to that?"

"I'm just looking at the Cannabis Control Act and how these State’s Attorneys Office would benefit from the proceeds of capturing the funds of cannabis for example or meth. And yet, all that farmland in your district, Representative… Representative, are you listening? Representative Brown?"

"You have about four… how many staff does he have helping you out? Twelve or a dozen?"

"Just like the hemp legislation, right?"

"So, Representative, I'm trying to understand you. You're… you're… you're… you're talking about States Attorneys benefiting with forfeiture of cannabis, for example, and giving it to various state’s attorneys to distribute in grant forms to other agencies, correct?"

"And so, one of the best panaceas for drug addicts or depression is to get people a job in a new industry. So, the hemp legislation would have helped that cause of those individuals who feel worthless or their esteem is low. So, 09700033.doc 116  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 that means you would be willing and able and in favor of hemp legislation ‘cause it'll create a new economy, right? New market? Yes?"

"I'm just saying… but you are for proagricultural business or new agri business, right?"

"What was wrong with the Bill that I presented? It was related sort of in the canabanoid family. You're supporting another level, but it's on the… on the other side."

"I understand. But you are for a sort of a burgeoning market to occur in the State of Illinois, correct? You want to ask one of your what… five staffers?"

"Well, Representative, if we're under fiscal constraints, wouldn't… don't you think a new industry would help bring new dollars in, give people a new sense of motivation ‘cause they'll be working. They'll be manufacturing; they'll be cultivating in the hemp arena, right? So…"

"What if the… what if the… is the Federal…"

"…Government for this?" 09700033.doc 117  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Last question."

"Thank you, Mr. Speaker."

Speaker Mautino: "Yes, the Lady from Cook, Representative Mell."

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

"He indicates he will."

"Representative, how much… how much money are we talking about here, you think? In these grants?"

"Is it… is it a significant amount of money or… give or take or? Is it gonna keep some of these places open?"

"Okay. Thank you, Representative. To the Bill. I am… I'm pleasantly surprised that this coming from that side of the aisle. There's a lot… a lot of us over here that are really passionate about… about this issue and recognize that alcoholism and drug addiction is a disease and needs to be treated that way. And regardless if you're a vet, a construction worker, a doctor or whatever that this affects everybody. And I… I really want to commend you and invite you over here to work with us. I don't know if this is something you're interested in or if this was a Bill that Representative Reboletti just gave to you. But this is really forward thinking when we're… we're having to make these painful cuts, to kind of think of other ways to fund things. So, thank you so much and I'm going to vote 'yes'. Thank you." 09700033.doc 118  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"The Gentleman from Randolph, Representative Reitz."

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

"He indicates he will."

"Is… is that like an a acapella group or what do you have all those people behind you? And… do you have an answer for that or… are they singing or?"

"Okay, I guess I just ask a ruling from the Chair. Do we… when they wear a red jacket is not the accompanying people supposed to be in red also or am I misunderstood?"

"I don't believe we have enough red jackets within the chamber, so we kind of waive that."

"Okay. Well, I would ask that the Chair…"

"We can selectively enforce it, if you wish?"

"…to take that under advisement and try to at least get them in some shade of pink or something like Mr. Brown has on the monitor, that pink jacket he has on up there. No, that's… that's all the questions I had. Just trying to get a… get all this straight. But good luck on your Bill."

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

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

"As you are the last Speaker, would you like to take a shot at the Sponsor or? No? Okay. The Gentleman moves the previous question. All in favor say 'yes'; 09700033.doc 119  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 opposed 'no'. Previous question is put. Representative Brown to close."

"All in favor will vote 'yes'; opposed voting 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Rosenthal. Have all voted who wish? Mr. Clerk, take the record. 110 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 2048 is declared passed. And congratulations, Representative Brown. House Bill 3597 appears on Third Reading, Representative Burns. Out of the record. Representative May, House Bill 3236. Out of the record. Representative Acevedo, House Bill 2912. Out of the record. The Gentleman from Lake, Representative Sullivan is seeking recognition."

"I will take that under advisement. I'm just hunting for… he has moved a Bill, he has amended a Bill and moved one to Third under our priority structure. So, I don't know I'll be able to accommodate that at this point, 09700033.doc 120  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 but I will get back to you on it. Representative Brauer, House Bill 1593 appears on Second Reading. Read the Bill."

"Representative Brauer on… sorry."

"Representative Brauer on Floor Amendment #2 to House Bill 1593."

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

"Third Reading. It's the intent of the Chair to move some Bills from Second Reading. And on that, on the Calendar, Will Davis, House Bill 1607. Out of the record. Representative Monique Davis, House Bill 1195. Out of the record. Representative Cunningham, House Bill 1461 is on Second. Out of the record. House Bill 2084, Representative Crespo. This Bill is on Second Reading. Out of the record. House Bill 1152, Representative John Bradley. Out of the record. House Bill 3090, Representative Arroyo. Out of the record. On… under the Order of Third Readings, Representative Sosnowski, House Bill 1628. Does the man 09700033.doc 121  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 have his jacket? In responding to an earlier request of the Chair, Representative Sosnowski, do you wish to call this Bill? 1628? Mr. Clerk, House Bill 1628. Representative Sosnowski, I believe the last of the freshmen Bills first Bills."

"Read the Bill."

"The Gentleman from Boone."

"It fits you well."

"The Gentleman knows how to pick a first Bill. House Bill 1628. And on that, the Lady from Cook, Representative Nekritz."

"Thank you, Mr. Speaker. And I… this is an awkward kind of Bill for me to do… on your first Bill, but I… is there any… you know, we… we have so restricted the places where sex offenders can live that there is almost no place that they can reside in the State of Illinois. And I know 09700033.doc 122  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 no one wants, you know, that… that as a neighbor. Is there any way that we could consider grandfathering the people in so that they don't have to move and try to find yet another location where they can live because we've so restricted them that they're unable to find that location?"

"I can't hear you."

"Okay. Well, I… I get that. No, there are a lot of states that are actually rolling back the residency restrictions on sex offender laws because what… what we've done is drive them either to be homeless or to get off the registry because they… they… they're so incapable of finding a place to live that they say, what the heck, I just won't even register then. I don't have to follow the law. So, we have almost this perverse incentive. The more of these we add the more we drive people to noncompliance with the sex offender registration, which I don't think is 09700033.doc 123  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 the public policy we ought to be pursuing. So, I just… so… so, being able to… so, if one of these facilities opens up… a new one… I understand what's going on in your district. But if a new one opens up, you know and… and someone's already… and there's someone on the registry that's already living there, can we, you know, I mean… I know it's too late now, but I just want to like plant that seed so that as we continue to restrict and restrict and restrict that we… that we think about maybe even just grandfathering in existing… those that are on the sex offender registry that are already living nearby. And so that they don't have to move cause it's impossible for them to move."

"Okay. Well, again, to the Body. I would just ask that we… as we continue to… to… as we run about 20 to 30 sex offender bills every year, that we try to recognize what in fact other states, Texas, Georgia, who are looking at this and saying, wait a minute we've gone overboard, we've made a mistake. We need to scale this back to make it reasonable so that those that are supposed to be on the registry will comply rather than driving them underground."

Speaker Mautino: "Further discussion? The Gentleman from Crawford, Representative Eddy." 09700033.doc 124  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"He indicates he will."

“This is the end…”

Speaker Mautino: “Representative, that may be a little premature."

"No, no. But I… I have been reminded by staff that we may have one or two more going. So, we suggest…"

"…Representative Ramey get the coat laundered."

"Further discussion? The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. The Sponsor yield?"

"He indicates that he will." Davis, W.: "Representative, does this Bill define what a child counseling center is?"

"Representative Joe Lyons in the Chair. Chair recognizes the Lady from Lake, Representative Mayfield."

"Will the Speaker yield?"

"Speaker yields."

"My question deals with this grandfathering. I know you stated that the individual would be allowed to remain in their home provided that there's a counseling center there, but… and I'm reading your Amendment here, it states that they cannot be in their home during the hours of operation. A lot of these centers open up at 8:00 in the morning, they run until 5 in the evening. They're open up on weekends. So, this basically states that that individual would have to get up extra early in the morning, get out of their home, not return until after 5 and leave their home on the weekend. So, then, you know, we're affecting their quality of life when this happens. Additionally, what happens if that person was sick? They would not be allowed 09700033.doc 132  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 to stay in their home even being sick without violating the law as presently written in this Bill."

"No, it's in your Amendment. It says that they cannot be in their home during hours of operation. You added that; it's in your Amendment. I'm… I'm reading your Amendment."

"Would you be willing to amend your Bill to allow that individual to be in their home during hours of operation? Because I… I think that's a bit… very, very restrictive and prohibitive to tell somebody that they need to leave their home during the business hours. Because some of these centers may be open well into the evening and then just not even be able to enjoy their home on the weekend. I… I think that's very, very restrictive as it is."

"I'm not reading that. I'm disagreeing with your Bill. Thank you."

Speaker Lyons: "Chair recognizes the Lady from Cook, Representative Mary Flowers."

"Thank you, Mr. Speaker. According to what I'm reading, you have added child counseling center as an entity in which a child sex offender cannot be within 500 feet, you added that center."

"Okay. So, now… but if that sex offender was living there prior to that counseling center being built or placed there, they could stay. Am I correct?"

"Okay. Now, moving down to line 23, it says there's nothing prohibiting a child sex offender from residing within 500 feet of a counseling center if the property is owned by the sex offender. Now that's new language, am I correct?"

"On line 25… nothing in this subsection (b-5) prohibits a child sex offender from residing within 500 feet of a child counseling center if the property is owned by the child sex offender and was purchased before the effective date. But, now my question to you is what… if I 09700033.doc 134  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 own it, I can live there, but if I don't I can't live within 500 feet?"

"Well, don't… I would suggest that you would amend the Bill only because a child sex offender is a child sex offender. He owns the property, he rents the property, either he can or he can't and because he's a property owner doesn't make him a better or safer child sex offender. Do you see my point? And so, if I could own the property and it’s okay, I should be able to rent the property as well and it’d still be okay. So, I would respectfully request… because that… that would tell me that the only distinction that you're making is a sex offender who have and a sex offender who have not. And the have-not can't afford to purchase the property, so therefore, if he lives there the chances of him going back to prison is greater than the sex offender who could buy his way out of that situation and/or own the property."

"And… and so that's the reason why I said, Sir, that a child sex offender is a child sex offender. Either he or she can or she can't, either he or she will or she won't. 09700033.doc 135  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Let it not be predicated on the color or their skin, the contents of their character or how much money they have in their pocket. It's all about the children."

"Thank you."

Speaker Lyons: "Chair recognizes the Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Rep… Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Davis, M.: "Representative, can you tell me why the Illinois Probation and the Court Services Association are opposed to your legislation?"

"Representative Sosnowski to close."

"Gentleman asks for the support of House Bill 1628. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunkin, Gabel, Harris, Smith. Mr. Clerk… Mr. Smith, you want to be recorded? Mr. Clerk, take the record. On this Bill, there are 88 Members voting 'yes', 21 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. And we're on Third Readings and go back and forth, Democrat, Republican. Although there's a few more Democratic Bills to do, so we'll stay on Third Reading. Representative Zalewski, you have Senate… House Bill 1220. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Mike Zalewski."

"Thank you, Mr. Speaker. This Bill simply allows non- Home Rule entity the authority under the law to impose towing fees. A lot of non-Home Rule entities currently are operating under opinions issued by village attorneys. We thought it'd be better if they operated under state statute instead. I respectfully ask for an 'aye' vote."

"Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"Sponsor yields." 09700033.doc 138  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Correct."

"I don't… I don’t… one moment, Representative."

"Correct. I don't think we… I don't believe we capped the amount. I just think we allowed for the imposition of the fee."

"Non… non-Home Rule. Currently, Home Rule entities are allowed to do this."

"However, non-Home Rule entities are… frankly, there's some ambiguity."

"Correct."

"That… that's… I don’t believe so, Representative."

"Correct."

"Thank you, Representative." 09700033.doc 139  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Representative Eddy, excuse me, are you still searching for something or are you finished? Okay, Representative Jack Franks."

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

"Sponsor yields."

"Representative, it's my understanding as I'm reading the analysis that you are seeking to give the municipalities the ability, if they so choose, to impose fees for certain vehicles that have been impounded, is that correct?"

"Correct, Representative."

"And there are two additional areas in which they would impose these fees. One when the vehicle has been used in the commission of a felony retail theft and also during the commission of an offense in violation of the Criminal Code, correct?"

"Correct."

"Now, why would you single out these two to put additional fees on? Is there some additional cost to the municipality or is this just a revenue generator?"

"Rep… Representative, the original Bill I believe had a significant amount of offenses. The Amendment allowed for the retail theft and that's simply because some of the municipalities… oftentimes, police are called to retail thefts to detain the suspect. And frankly, that's manpower, that's time, that's gas, that these non-Home Rules are frankly, in certain, they… they can't afford to…" 09700033.doc 140  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"That's what I'm… that's what I'm trying to find out what the rationale is because some of them you haven't. And I just don't want to have these as fee generators…"

"Right."

"…but if there's a logical reason that these two categories cost the municipality more, please explain."

"I know with respect to those two specific crimes, that's… that's what you're asking, Representative?"

"Yeah and that's all there is."

"Okay. So, my understanding with respect to retail theft, what was the other offense you were concerned with?"

"The… as I'm reading the analysis and perhaps this is incomplete, but they indicated one was felony theft or retail theft and the second one was use of a vehicle during the commission…"

"Okay."

"…of any offense in violation of the Criminal Code. That seems a little broad."

"So, in both… well, in both of those instances I would… I would argue…"

"…Franks, your two minutes are up. We'll give you another minute to finish your question."

"Yeah, we're still waiting for the answer."

"I'll… I'll address the Gentleman's question, Mr. Speaker. In both of those instances I would refer you back to the fact that those are instances where the responding officer for… for whatever reason is… is being asked to commit time to the detention of the suspect. And therefore, there is no recourse for the… for the municipality to 09700033.doc 141  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 recoup those fees other… recoup that time and the resources other than the imposition of the fees. As to the broadness of the language, I… I just believe that those two offenses have to be included in the… in the Bill in order to… to assist the municipality."

"But would you be willing, maybe in the Senate…"

"Sure."

"…should this get the requisite, to talk maybe tightening up the language because this…"

"Absolutely."

“Thank you, I appreciate that."

Speaker Lyons: "Chair recognizes the Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you so much, Mr. Speaker. Will the Representative yield?"

"The Representative yields." Davis, M.: "Representative, could you give us a brief scenario on what your Bill will do?"

"Certainly. I think the most common and the reason, frankly, for the Bill are DUIs, Representative and vehicle offenses. It… it takes a significant amount of… of work at the time of the DUI once… once the arrest has been made. You have to wait for the… for the tow truck because the driver's being arrested. You have to take them back to the police station. You have to then issue the breathalyzer test, you have to fill out the paperwork, the statutory summary suspension papers. I mean, there's a significant amount of… of effort involved. And frankly, non-Home Rules don't have the ability to… to recompensate themselves based 09700033.doc 142  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 on that and they end up losing revenue because of these arrests that they're compelled to make." Davis, M.: "So, we're increasing the fees for a person to be able to retrieve their vehicle, is that correct?"

"We're not… I'm sorry, what was your question, Representative?" Davis, M.: "We're increasing the fees for an automobile operator to be able to retrieve his automobile?"

"Not accurate, Representative. We are giving non-Home Rule entities the authority under state statute, which a lot of them are already doing this under less than ideal circumstances, but we're giving it to them in state statute the authority to impose fees." Davis, M.: "It says, operation or use of a motor vehicle in the commission of or in the attempt to commit an offense in violation of Sections 24-1, 24-1.5 and so on of the Criminal Code. Is a speeding ticket, are you violating the Criminal Code?"

"Yes, depending on the speeding tick…"

Speaker Lyons: "I'm sorry. We'll give you another minute, Representative, to finish your question." Davis, M.: "Thanks. If a person violates the speeding laws and his vehicle is taken from him, you're telling me he's going to have to pay additional fees. Is that right?"

"I… I don't… let me rephrase. A typical speeding ticket instance is where the offender is cited and sent on their way. If it's aggravated speeding or the officer subsequently discovers some other issue for which the person has to be arrested then the… then an arrest takes 09700033.doc 143  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 place and then the car may have to be impounded. So, we're not talking about your ordinary speeding ticket, we're talking about exceptional circumstances where the speeding ticket leads to an arrest." Davis, M.: "Or… or perhaps where the person had additional tickets; therefore, we're going to arrest you ‘cause you got a speeding ticket now and you're driving on a ticket. So, you're going to jail. This is another one of those Bills where we are going to say to the consumer or to the people who visit mostly our city, we're going to add another fee on you. It's going to be over $500 or more to get your car and go home. Now, I know you've made a little effort to tell us about a person who's committing a major crime. The guy who's committing a major crime, he's not going to have his own car. You're not going to apprehend him and you're not going to take his car in and tow it. You're talking about everyday citizens who make a mistake, who may have a DUI but at that point he's not drunk. And you're going to take his car and charge him an arm and a leg to get it out and it's wrong. Vote 'no'."

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

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

"Gentleman yields."

"Representative, you know these are very hard times for lots of people. You know people who used to have cars and homes and, you know, but stuff has happened. They lost their jobs, they lost their homes and they lost their livelihood. And now the family once had two cars, they only 09700033.doc 144  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 have one. And maybe the… the husband or the wife who lost their job is drinking, which is wrong and you know, they should… shouldn't be out there drinking and driving, I agree. But what about the other family members, Sir? What about the other family member that needs the vehicle to go work, take their child to the hospital, take their kids to the school. Can't we take into consideration of the other family members for this?"

"Representative, just to be crystal clear, currently non-Home Rule entities and Home Rule entities, because they already have the power to do so, are already doing these impoundments and these tows and administering these fees. The… the… the question before the Body is, are we going to regulate it appropriately through state statute or allow it up to village attorneys to make, frankly, sometimes inconsistent decisions? This is not anything new that we're doing. We're simply codifying what's going on already."

"And so, what exactly are you codifying?"

"We're allowing non-Home Rule entities that don't have this power under Home Rule to impose fees for the purposes of tows after arrest."

"So, my question to you, again, as opposed to having the car towed…"

"Representative, we'll give you one more minute to finish your question."

"Can a telephone call be made to a family member? Or if there's another member in the vehicle, if there's someone else in the vehicle, does the car necessarily have to be towed? Can the car be driven away? The car did not 09700033.doc 145  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 commit the crime, it was the person in the car. And so, if the car is only being towed to a towing place for the benefit of someone else to get the… the monies for it because the car has been impounded and a fine must be paid. I'm asking, can you please take into consideration the family who might need the vehicle, cannot afford the tow? Can we just change it to say that a call has been made? Can that be a part of what you're codifying?"

"I… I… Representative, I… I think what you're suggesting is a different issue. And I… I… I respectfully disagree with… with what you're saying because we're not… if you want to change the way police officers handle arrests and subsequent impoundment of vehicles, you're dealing with a whole other area of law. This is a municipal issue dealing with Home Rule and non-Home Rule powers."

"We're… we're not talking about an arrest, we're talking about the impound vehicle and what happens to the vehicle, that is the point. The vehicle, not the arrest. Thank you, Sir."

"Representative Zalewski to close."

"Let… just… again, in closing. This Bill is… is a very limited Bill that simply clarifies that non-Home Rules are allowed to impose administrative towing fees. There's nothing else… there's no more tows or less tows or more arrests or less arrests that are going to be added because of this Bill. We're just simply giving some guidance and some clarification to non-Home Rule entities. I'd respectfully ask for an 'aye' vote." 09700033.doc 146  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"The Gentleman moves for the passage of House Bill 1220. 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? Currie, Harris, Leitch, Saviano, Smith. Mr. Clerk, take the record. On this Bill, there are 66 Members voting 'yes', 41 Members voting 'no', 3 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Hernandez, for what purpose do you seek recognition, Ma'am?"

"Yes, Mr. Speaker, I inadvertently hit my button wrong for House Bill 1628. I wish it to reflect on the record as 'no' for 1628."

Speaker Lyons: "The Journal will reflect your request. Representative Andre Thapedi, you have House Bill 171. Read the Bill, Mr. Clerk, Out of the record. Out of the record. Representative Al Riley, you have House Bill 1324. Read the Bill, Mr. Clerk."

"Representative Riley."

"Thank you, Mr. Speaker, Members of the House. House Bill 1324 essentially allows the Metropolitan Water Reclamation District to be able to float bonds for the purposes of financing administrative buildings. It… it seems pretty intuitive that they could do that, but it is not listed as one of the articulated purposes. And so, this Bill allows them to finance administrative buildings through bonds." 09700033.doc 147  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Heard the Gentleman's explanation. Are there any questions? Seeing none, the question is, 'Should House Bill 1324 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? Monique Davis, John Bradley. Mr. Clerk, take the record. On this Bill, there are 69 Members voting 'yes', 40 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Deb Mell, you have House Bill 1253. Out of the record. Representative Darlene Senger, you have House Bill 1056. Read the Bill, Mr. Clerk."

"The Lady from DuPage, Representative Senger."

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

"Thank you, Mr. Speaker. Will the Sponsor yield?" 09700033.doc 148  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Sponsor yields."

"Representative, I'm looking at the analysis here and it indicates there's a number of opponents. Can you tell me why the Municipal League and the West Central Municipal Conference are opposed?"

"What did… what did the Amendment do? Did that make it a 'may' instead of…"

"Good, I was worried about that, too, when I was reading the Bill originally. I appreciate that Amendment. Thank you."

"No one seeking further discussion, the question is, 'Should House Bill 1056 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Riley, Zalewski, do you want to be recorded? Mr. Clerk, take the record. On this Bill, there's 107 Members voting 'yes', 3 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative McAsey, you have on the Order of Third Reading, House Bill 2976. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Lady from Will, Representative Emily McAsey." 09700033.doc 149  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Thank you, Mr. Speaker, Members of the House. House Bill 2976 is an initiative that was brought to me by the ARC of Illinois. It amends throughout our state statute changes any references to mental retardation to developmental disabilities. And I'd like to really quickly share with you the words of Paula Venier who came and spoke in committee, which really explains the reasoning for this very, very necessary step. She testified the Bill is a necessary step to help stop the use of hurtful terminology, will help us to move closer to full inclusion and respect for all persons with disabilities, not just persons with intellectual disabilities. So, I encourage you to join me in removing the term ‘mental retardation’ from our statutes, replacing that with the term ‘intellectual disabilities’, a less hurtful term. And urge your 'aye' vote."

"You've heard the Lady's explanation. Is there any questions? Seeing none, the question is, 'Should House Bill 2976 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Williams, Verschoore. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Verschoore, for what purpose do you seek recognition, Sir? Out of the… Representative Mell, you have House Bill 1253. Read the Bill, Mr. Clerk." 09700033.doc 150  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"The Lady from Cook, Representative Deb Mell."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. HB 1253 is a redraft of the amendatory vetoed version of SB 3084 from last Session. This Bill was placed on the Calendar during Veto, but was… we didn't get to it. And basically what it said was… the Veto now says that instead of our State Police having to go out and… and find the sexual predators who didn't have to register before 1999, they… because the State Police objected to that, now it says that if a sexual predator reoffends on any type of offense, they then get placed on the Sexual Offender Registry. And also for out of state… out of state registries are now have to be registered in Illinois."

"You heard the Lady's explanation. Are there any discussion? The Chair recognizes the Lady from Cook, Representative Mary Flowers."

"I'm sorry, Representative, I didn't understand you. What is your explanation of this Bill, please?"

"Lady yields."

"Okay. So, this Bill was passed out of here last year and… and as… when it passed it out it said that anyone who did not have to go on the sexual offender registry would have to go and now be put on it for… like within 3 to 5 days. And that's how we passed it out of here. It… well then went to the Governor, the Governor amendatory vetoed it in saying instead of that, now it's just if an offender… if they reoffend now they go on the registry." 09700033.doc 151  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Okay. Let… let me just be clear. If a sex offender did not have to register prior to the implementation of the Sex Offender Registry Act…"

"Correct."

"…and this Bill would require that they now… those who did not have to register, this Bill would require that prior to 1999 those… the sex offenders have to register?"

"Well, right. That's… that's what we passed out of here last year. Then the Governor amendatory vetoed it saying that only if they reoffend are they now put on the registry."

"But if they are a sex offender upon the… the law… when the law took place and if they become a sex offender, they are a sex offender. What they was prior to the law and if they didn't have to register under the sex offender list that was not applicable to them."

"Correct."

"But now, if they become a sex offender since the Sex Offender Register is the law… so, why do we need your Bill?"

"Well, if…"

"Representative, we'll give you another minute. Go ahead."

"…if you offended prior to 1999 you were not required to go on the Sexual Offender Registry."

"Right. Because the law didn't apply to you."

"Exactly."

"But after 1999 if you offend you have to register. So my question to you, again, why is your law necessary? 09700033.doc 152  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Because the law is what it is. If you become a sex offender…"

"Oh, I… I understand. I understand, Representative."

"Pardon me?"

"Because… any kind of offense will put them back on the Sexual Offender Registry."

"But they've never been. So my question to you is, why… why do we need this law?"

"I'm sorry, Representative. Can you… one more time?"

"Why do we need this law because prior to 1999 that sex offender was not required to become a registered sex offender. After 1999 that person offended again and now he's a sex offender and the law applies to him and he must become a registered sex offender. Why do we need this law? Because it appears to me that you're trying to go back and get some people who were… who was not on the list, that has not offended? That's… you're not trying to…"

"Well, that… that was the intent of… of last year’s Bill. But now with the Veto on it, it's only if they reoffend even… it doesn't matter if it's… if it's not even…"

"But if they reoffend, the law… the present law would be applicable to them."

"Yeah, but even if they reoffend and it's not a sexual… it's not a sex… yeah."

"But if… if they don't… if they don't commit a sex offense, they should not become…"

Speaker Lyons: "Time has expired, Representative. Chair recognizes the Gentleman from Bureau, Representative Frank Mautino." 09700033.doc 153  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Sponsor yield?"

"Sponsor yields."

"Yes, I had a questions along the same line I think that Representative Flowers was following. With… with this, the change over… ‘cause last year’s Bill became very controversial. The press came and said, you can't do these things retroactively and questioned the constitutionality of the Bill. It was then vetoed and then Senator Martinez, I think, had it in the Senate side. She didn't call for any override, said she wanted to rework the Bill. Is that the history of the one we're looking at?"

"No. She… she accepted the Veto, sent it over here. It was during like the last 2 days of Veto, we never got to it."

"Okay. So, she… she accepted those changes?"

"Yep."

"And in this, what would reoffending… you said that any charges, so a traffic ticket?"

"Any…"

"Or is it a felony?"

"Yeah, misdemeanor or a felony."

"So, any misdemeanor or a felony would then retroactively go back and take someone who is not required under the law to register or someone who under the law had to registered for 10 years and then maybe dropped off the list, then it would register them for life?"

"Yeah, that's correct." 09700033.doc 154  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Okay. And so… so, it would be misdemeanor or felony? Anything above a traffic incident? Or would some traffic incidents be involved in this… be eligible?"

"I guess, I mean, drunk driving or yeah. Any misdemeanor…"

"So, it would also include maybe some traffic violations or?"

"Right. Right. And no… no petty traffic offense, just if it was up to the… to raise it to the level of a misdemeanor."

"Okay. As I'm not an attorney, I don't know what a misdemeanor example would be."

"I'm with you, Representative."

"Representative, your time has expired. We'll give you another minute."

"Thank you. She answered my question."

"Representative Golar."

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

"Sponsor yields."

"Representative, I actually supported this Bill last year. However, this year after careful consideration and reading upon the rules of this, I have found that I have some questions that I would like to… to ask. Representative, this law by definition applies to people who committed offenses more than 25 years ago and also who have not committed any new sex offense… offenses since. However, as currently written this law makes the registry retroactive to everyone. It actually gives, and I want to say this to this Body, an estimated 20 thousand to 30 09700033.doc 155  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 thousand new people the duty to register as a sex offender. The State Police, Representative, will only notify these individuals of their duty to register if they commit a new misdemeanor or a felony of any kind. Therefore, thousands of people legally required to register as a sex offender will not know it unless they commit a new crime. To me, Representative, this Bill is just over-the-top. Once notified, this Bill only gives people three days to register, which is a short amount of time given the fact that there is an extreme shortage of housing in Illinois that meets residence requirements and given also, Representative, that many of these individuals will be exiting prisons and won't be able to look for legal housing. At this time, Ladies and Gentlemen, this Bill I would request a…"

"Representative, your time expired. We'll give you a minute to finish your thoughts. Go ahead. Representative Golar, finish your thoughts. We give you another minute."

"Yes. I'm done. I'm done."

"Representative Roger Eddy."

"Sponsor yields."

"That's correct."

"Basically."

"That's correct. And actually the Bill we passed last year was more like what you stated earlier about the finding the individuals."

"Yeah. With… and I would argue, that… that's a big change, but, yes."

"Yeah, that's correct."

"I agree."

"Thank you."

"The Chair recognizes the Gentleman from Cook, Representative Greg Harris." Harris, G.: "Mr. Speaker, I yield my time to Representative Mary Flowers."

"Representative Flowers."

"Thank you, Mr. Speaker and thank you, Representative Harris. Representative, I really don't know where we as a state… I don't know where we're headed. When you take into consideration all the problems that we're having in regards to people losing their homes, people losing their jobs, their livelihood. We're not doing a very good job according to a report that was recently put out, Illinois is not 09700033.doc 158  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 doing a very good job as far as educating its children. Our health care, there was a report put out yesterday from the State of Wisconsin that our downstate is… counties are the worst 10 in the nation. So, with all that being said, when I take into consideration that I started here in 1985. In 1985, Representative, when I started, we had 11 penal institutions. We had 11 and we also had 11 institutions of higher education in 1985. Nowadays, Representative, we still have those 11 higher institutions, but we have 28 penal institutions. So, when you look at our budget, when you take into consideration the reason why we cannot fund our pension is because of this type of legislation. We are no better and no safer because of an ex offender who did not… an ex sex offender who did not commit another sex offender crime, did not put his name on a list. I don't feel any safer because of that, Representative. My child education is not any better. The tax revenues is not going to working people as a matter of fact, what we're doing is causing a drain on our tax system for this state. We should be looking for ways to make tax contributors as opposed to tax burdens. And this is another way to put another burden on the state. Do you know what the fiscal…"

"Representative, I'll give you one more minute to close, Representative."

"Do you know what the fiscal cost will be to the state for these men who do not put… who did not commit another sex offense but committed an offense and who failed to put their name on a registry? Do you know how much this would cost the state? Do you know how much this would take from 09700033.doc 159  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 our kids education? Do you know how much this would take from our pension funds? Do you know, Representative?"

"Well, you know, I… Representative, I couldn't agree with you more that I wish we had more institutions of higher learning and schools than we do penitentiaries, but I do believe that this Bill is not going to… I mean, it's adding a list… a name to a website. And I… we don't have a fiscal note on it, but I… I don't see any…"

"Those names are bodies, Representative, and they will be a tax burden to us, the fewer taxpayers that's left here in the State of Illinois. I would urge a 'no' vote. And thank you very much…”

“Thank you.” Flowers: ”…Representative."

"Representative Mell to close."

"I think… I think we've talked about this quite a bit. This… this came from a… a constituent who was a victim and she found out that this… her perpetrator was living right around the corner from her. But since, you know, he committed this offense against her and it was… it was horrific, before 1999 that, you know, he wasn't on any kind of a list. And surely, she'd want to know where this man was living. So, this passed out of here last year. I would just really urge an 'aye' vote. And thank you for the great debate on this. Thank you."

"You've heard the extensive debate on this Bill, House Bill 1253. All those in favor of its passage signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? 09700033.doc 160  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Have all voted who wish? Leitch, May, Jerry Mitchell. Mr. Clerk, take the record. On this Bill, there are 85 Members voting 'yes', 25 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Ann Williams, you have on Third Reading House Bill 2902. Read the Bill, Mr. Clerk."

"Recognize the Lady from Cook, Representative Ann Williams."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill would create the elec… Illinois Electric Vehicle Advisory Council. The council is designed to investigate and recommend strategies that the Governor and the General Assembly may implement to promote the use of electric vehicles. It's a very simple Bill, there's no cost associated with it. And I'd like to ask for your 'aye' vote."

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

"You're welcome, Representative. You ask the Lady to lead… to leave… for leave?"

"She'll yield."

"Good, thanks." 09700033.doc 161  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"There's a couple of Bills that we ran through the Environmental Health Committee that you may be thinking of. This is the simpler of the two. This Bill simply creates within the Department of Commerce and Economic Opportun… DCEO, the Illinois Electric Vehicle Advisory Council. And this is the first mention really in the Illinois Compiled Statutes about electric vehicles, but as we all know it's a growing industry. We just wanted to have a council in place to explore the various issues associated with the use of electric vehicles and this is a starting point."

"The Fund Bill, that's a different one, yes."

“Sure.”

"No one seeking further discussion. The question is, 'Should House Bill 2902 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? Kelly Burke, Leader Currie. Representative Golar, like to be recorded? Mr. Clerk, take the record. On this Bill, there's 108 Members voting 'yes', 2 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Tim Schmitz, you have House Bill 3329. Read the Bill, Mr. Clerk." 09700033.doc 162  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"The Gentleman from Kane, Leader Tim Schmitz."

"You've heard the Gentleman's explanation. Are there any questions. Seeing none, the question is, ‘Should House Bill 3329 pass?’ All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bost. Representative Brady. Representative Riley. Mr. Clerk, take the record. On this Bill, there are 79 Members voting 'yes', 30 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Hernandez, for what purpose do you seek recognition, Ma'am?"

"Point of personal privilege."

"Please proceed."

"Today is the birthday of an American hero. I'd like to share all of… if you may, let me share this wonderful 09700033.doc 163  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 story of Cesar Chavez, a true American hero. Cesar was a civil rights, Latino, farmworker, and labor leader; a religious and spiritual figure; a community servant and social entrepreneur; a crusader for nonviolent social change; and an environmentalist and consumer advocate. A second-generation American, Cesar was born on March 31, 1927, near his family's farm in Yuma, Arizona. At age 10, his family became migrant farmworkers after losing their farm in the Great Depression. Throughout his youth and into his adulthood, Cesar migrated across the southwest laboring in the fields and vineyards, where he was exposed to the hardships and injustices of farmworker life. After achieving only an eighth-grade education, Cesar left school to work in the fields full-time to support his family. He attended more than 30 elementary and middle schools. Although his formal education ended then, he possessed an insatiable intellectual curiosity, and was self-taught in many fields and well read throughout his life. Cesar joined the U.S. Navy in 1946, and served in the Western Pacific in the aftermath of World War II. He returned from service to marry Helen Fabela, whom he had met working in the vineyards of central California. The Chavez family settled in the east San Jose barrio of Sal Si Puedes (get out if you can), and would eventually have 8 children and 31 grandchildren. Cesar's life as a community organizer began in 1952 when he joined the Community Service Organization, a prominent Latino civil rights group. While with the CSO, Cesar coordinated voter registration drives and conducted campaigns against racial and economic discrimination 09700033.doc 164  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 primarily in urban areas. In the 1950s and early 1960s, Cesar served as CSO's national director. For more than three decades Cesar led the first successful farmworkers union in American history, achieving dignity, respect, fair wages, medical coverage, pension benefits, and humane living conditions, as well as countless other rights and protections for hundreds of thousands of farmworkers. Against previously insurmountable odds, he led successful strikes and boycotts that resulted in the first industry- wide labor contracts in the history of American agriculture. His union's efforts brought about the passage of the groundbreaking 1975 California Agricultural Labor Relations Act to protect farmworkers. Today, it remains the only law in the nation that protects farmworkers' right to unionize. The significance and impact of Cesar's life transcends any one cause or struggle. He was a unique and humble leader, in addition to being a great humanitarian and communicator who influenced and inspired millions of Americans to seek social justice and civil rights for the poor and disenfranchised in our society. Cesar forged a diverse and extraordinary national coalition of students, middle-class consumers, trade unionists, religious groups, and minorities. A strong believer in the principles of nonviolence practiced by Gandhi and Dr. Martin Luther King, Jr., Cesar effectively employed peaceful tactics such as fasts, boycotts, strikes, and pilgrimages. In 1968 he fasted for 25 days to affirm his personal commitment and that of the farm labor movement to nonviolence. He fasted again for 25 days in 1972. And in 1988, at the age of 61, 09700033.doc 165  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 he endured a 36-day ‘Fast for Life’ to highlight the harmful impact of pesticides on farmworkers and their children. Cesar passed away in his sleep on April 23, 1993, in San Luis, Arizona, only miles from his birthplace of 66 years earlier. More than 50 thousand people attended his funeral services in the small town of Delano, California, the same community in which he had planted his seed for social justice only decades before. Cesar's life cannot be measured in material terms. He never earned more than $6 thousand a year. He never owned a house. When Cesar passed, he had no savings to leave his family. His motto in life- 'si se puede' (it can be done)-embodies the uncommon, invaluable legacy he left for the world's benefit. Since his death, dozens of communities across the nation have renamed schools, parks, streets, libraries, and other public facilities, awards and scholarships in his honor, as well as enacting holidays on his birthday, March 31. In 1994 he was posthumously awarded the Presidential Medal of Freedom, the highest civilian honor in America. Cesar Chavez, a common man with an uncommon vision for humankind, for equality, justice and dignity for all Americans. I am proud to honor this pioneer on his birthday. Thank you."

Speaker Lyons: "Thank you, Representative Hernandez. Representative McAsey, on a point of personal privilege. You have some guests in the Capitol today."

"Thank you, Mr. Speaker, Members of the House. If I may direct your attention to the gallery where Representative John Bradley is accompanying a group of high school students from Marion, Illinois, here to see their 09700033.doc 166  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 government at work. If we can welcome the students from Marion High School to Springfield."

"Welcome to Springfield. Enjoy your day, we're proud to have you down here. Back to the Order of Business, Representative Karen May, you have House Bill 248. Out of the record. Representative Lisa Dugan, you have House Bill 147. Read the Bill, Mr. Clerk."

"Representative Dugan."

"Thank you, Speaker, Members of the House. House Bill 147 allows an employer to require a bus driver to submit to a drug and alcohol testing if the employer reasonably suspects a driver is intoxicated immediately before, during or after work. This particular… most school bus drivers hold a CDL that allows the drivers to operate school buses. And they're currently… CDL license holders are currently required by Federal Law to submit to a drug or alcohol test if the employer has a reasonable cause to believe that they're intoxicated or on drugs. But there are other CD… non-CDL drivers of school buses that do not have CDL licenses so therefore, they're not required or to abide by the Federal Law. So, the Secretary of State is a proponent of this Bill. It… it will allow for testing and also if there is testing, it will give the Secretary of State the… in statute, the opportunity to revoke the license of that school bus driver. So, I'll certainly answer any questions. But I would like an 'aye' vote." 09700033.doc 167  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

Speaker Lyons: "You've heard the Lady's explanation. Chair recognizes the Gentleman from Cumberland, Representative… Crawford, Representative Eddy."

"Sponsor yields."

"The… the school superintendent…"

"…I mean… and this is before, during or after they're driving. So, if they come into work and they look like there's some kind of issue, they can ask them to take a test."

"That would be paid for by, I believe and this was something that was discussed in House Amendment #2 with the Secretary of State. It requires the employers of the school bus driver permit holders to pay."

"Correct."

"Okay. And certainly, I… I can certainly talk to the Secretary of State and we can… if we can do that in the Senate, I'll certainly be willing to ask that. I just know that at…"

"…when it came up…"

"Correct."

"Representative, I'll give you another minute, go ahead."

"Well and we can certainly talk about that…”

“…Representative, when we get it to the Senate."

"Thank you."

"The Gentleman from Cook, Representative Mike Zalewski." 09700033.doc 169  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

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

"Sponsor yields."

"Representative, does this… does this replace or supplement law enforcement, as that’s proceeding, if they suspect that the driver was driving under the influence of alcohol?"

"I'm sorry, Representative, I didn't…"

"So… so, you're basically adding… you're basically adding an… a statutory summary suspension here, correct?"

"Correct."

"So, typically under a normal DUI there's a statutory summary suspension, correct?"

"Okay."

"So, what… what's the difference between this and a typical DUI?"

"Well, the… Representative, the… the reason that this was brought to me was a superintendant from one of my school districts found that they did not have the authority to ask for a school bus driver within their school district to test for drugs or alcohol even though they may notice that they may look like maybe something is wrong before they're driving kids in the school bus. They found they didn't have that authority. This Bill gives them that authority but what it also does is the Secretary of State then also by statute didn't have the authority, from what I understand, to revoke their license if the test is found to be positive. So, what this Bill is trying to address is school bus drivers give the Secretary of State the authority that he does not have now in statute to revoke 09700033.doc 170  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 the license and also for school… school personnel, superintendents to request that this test be taken."

"So, this doesn't have any… as far as you know, this doesn't have any affect on an arrest of a… of a driver?"

"No."

"This doesn't prevent them from being arrested, rather replace that situation?"

"No. Right. This doesn't have anything to do with that, Representative. That's not the intent and I don't think it does."

"Thank… thank you, Representative."

“Uh huh.”

"Representative Dugan to close."

"Yes, again, this is just looking at the safety for school children and just making sure that those that drive the school buses that do take the children are… have the responsibility of making sure… and our schools also have the responsibility to make sure our children are safe. The Secretary of State, this is something that he would also like to see in backs along with school superintendents in many different areas of the state. So, I'd like to ask for an 'aye' vote."

"The question is, ‘Should House Bill 147 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 110 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. 09700033.doc 171  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Representative Frank Mautino, you have House Bill 3405. Read the Bill, Mr. Clerk."

"Leader Frank Mautino."

"Thank you, Speaker. And this is an initiative of the CHIP Board, the state’s Comprehensive Health Insurance Plan. Representative David Leitch and I are the Legislative Members that are on that board. And this is… addresses a problem which occurs when you can't simultaneously be on CHIP and the Medicare. So, once you're eligible for Medicare then that takes over as primary. We have a situation now where there's a lapse in coverage of about a year. This Bill is designed to bridge that gap and allow us to pay our providers who may have fallen in the time that we have been determined to have been Medicare eligible. And I'll answer any questions. Ask for an 'aye' vote."

"You've heard the Gentleman's explanation. Is there any discussion? Chair recognizes the Gentleman from Peoria, Representative David Leitch."

"Gentleman yields."

"Oh, the CHIP assessment? No."

"No, that's… that's a different Bill. That's… you're talking about a Bill that does the assessment to pay for the CHIP pool? Yeah, that's a different Bill. This one just… right now, there's a gap in the coverage. If someone signs up for CHIP, when they're doing their background check they go back 24 months and in some cases 48 months. If a person is eligible for Medicare then we recoup from Medicare a certain amount of those… those medical bills because Medicare would have been responsible. Between the date they sign up…"

"Okay."

"Okay."

"Thanks."

Speaker Lyons: ""No one seeking further recognition, the question is, ‘Should House Bill 3405 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 109(sic-110) Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lilly you have House Bill 3039. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Lady from Cook, Representative Camille Lilly."

"Thank you, Mr. Speaker and Members of the House. I present the passing of House Bill 3039. House Bill 3039 amends the State Employee Group Insurance Act, the County Code, the Illinois Code, the School Code, HMO Act, the Volunteer Health Service Plan Act and the Public Aid Code. House Bill 3039 requires all individual and group health insurance plans to cover diagnostic testing for cardiovascular disease if the diagnostic test is ordered by a physician. This reinforces current practices. There's no opposition to this Bill. It promotes healthy hearts for women and it joins the Heart Association in raising women's health in America… in Illinois. At this time I am open to answer any questions."

Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"Sponsor yields."

"Yes."

"Okay."

"No, Sir."

"No, Sir. This will be a practice, a current practice, and this just reinforces the need or the opportunity for women and all individuals once getting the diagnostic test ordered by the doctor to promote health. It's already part of physicians’ health practices."

"We want to raise the… a consciousness and awareness of women's health and the importance of women and taking care of their health. We need to…"

Speaker Lyons: "No one seeking further recognition, Representative Lilly to close." 09700033.doc 175  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"I thank you for your attention in listening to the Bill and… and discussion. I encourage an 'aye' vote."

"The question is, 'Should House Bill 3039 pass?' All those in favor signify 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? Beiser, Dugan, Dunkin, Franks. Mr. Clerk…Beiser, Harris. Mr. Clerk, take the record. Representative Lilly."

"Postponed Consideration."

Speaker Lyons: "Mr. Clerk, put this Bill on the Order of Postponed Consideration at request of the Sponsor. Representative Chapin Rose, you have House Bill 3386. Read the Bill, Mr. Clerk."

"Representative Rose."

"You've heard the Gentleman's explanation. Are there any questions? Seeing none, the question is, 'Should House Bill 3386 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Colvin, Eddy, Representative Lilly, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jakobsson, on the Order of Third Readings you have House Bill 3047. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3047 is a complete streets Bill and there's an Amendment on it that has passed and it changes the meaning of the complete streets by adding life cycle cost analysis of pavement options to the meaning of complete streets. And with that simple addition, I ask… urge an 'aye' vote."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 3047 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have 09700033.doc 177  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cole, Representative Eddy, Representative Poe, Representative Sosnowski, like to be recorded? Mr. Clerk… Sandy Cole. Mr. Clerk, take the record. On this Bill, there's 81 Members voting 'yes', 28 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Connie Howard, you have House Bill 297. Read the Bill, Mr. Clerk."

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

"Yes, thank you very much, Mr. Speaker. House Bill 297 amends the Task Force on Inventorying Employment Restrictions Act. The task force is already in existence. It merely extends the date by which the task force must report to the General Assembly its findings."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 297 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? Skip Saviano, Representative Sullivan. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Tom Holbrook, on Third Order you have House Bill 3425. Read the Bill, Mr. Clerk." 09700033.doc 178  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

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

"Thank you. House Bill 3435 (sic-House Bill 3425) amends the Mid-America Medical District Act to include the abutting city, adds members from that area and allows bonding. It does not… does not include any eminent domain like the other medical districts do, passed out of committee unanimously. I know of no opposition and none is filed."

"You've heard the Gentleman's explanation. Are there any questions? Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"Correct."

"This is all revenue stuff directly from the district."

Speaker Lyons: "No one seeking further recognition, the question is, 'Should House Bill 3425 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Rose, Sullivan. Mr. Clerk, take the record. On this Bill, there's 75 Members voting 'yes', 35 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby 09700033.doc 179  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 declared passed. Representative Randy Ramey, you have House Bill 3360. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Gentleman from DuPage, Representative Ramey."

"I'm getting used to it. Of course, with that jacket it's always hard to miss you, Representative."

"Is this your first Bill, Representative?

"First Bill today."

"You've heard the Gentleman's explanation of his Bill. Are there any questions? Seeing none, the question is, 'Should House Bill 3360 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 1 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lisa Hernandez, you have House Bill 2019. Read the Bill, Mr. Clerk." 09700033.doc 180  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"The Lady from Cook, Representative Hernandez."

"Thank you, Mr. Speaker. House Bill 2019, this Bill will repeal the Community Senior Service and Resource Act due to repeated audit findings for several years and the lack of funds to administer the Act. The audit also found the program duplicative with other department functions. The repeal would have no affect on existing programs and functions. I ask for an 'aye' vote."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 2019 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? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Ford, on the Order of Third Reading you have House Bill 94. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative LaShawn Ford."

"Thank you, Mr. Speaker and Members of the House. I like the pattern of the Bills going now. I'd like to introduce House Bill 94 allowing incarcerated prisoners to be counted at their residential address for redistricting purposes. What this Bill does, it really codifies a well settled law 09700033.doc 181  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 in Illinois from 1887. Illinois law says that a person confined in prison under the judgment and sentence of a court does not thereby change his or her residency. I move for passage of House Bill 94."

"You've heard the Gentleman's explanation. The Chair recognizes the Gentleman from Jackson, Representative Mike Bost."

"Repeat that, Mr. Bost, please. We’ll put it…"

"…we'll put it on…"

"…We’ll put it on longer debate. And we'll put it on Standard Debate."

"Sponsor yields."

"Yes."

"For life?"

"It's not… it's no different than a person going overseas and staying there for…"

"They still maintain residence…"

"I'm going to… answer that one."

"I can only do one at a time."

"If a person goes overseas and stays there, let's say, 40 years. They still maintain a residence at their last known address and they still have the right to register and vote from their last known address even if they're overseas for 40 years."

"All right."

"I respect your argument and I expect you to vote 'no' for this Bill because you have to represent your district, but I have to tell you the truth about the Bill. Federal dollars come as a block grant to the state. Therefore, you're not going to lose any money."

"Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"Sponsor yields."

"For example? For example? I don't under… I don’t understand your question really." 09700033.doc 185  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Okay. I understand. Because the law states that a person in prison maintains the last residence and prison is not a residence for people in Illinois. It's a place where they're going to stay until they finish their sentence."

"That's an option that a person has if it's not a draft. So, military personnel decide that they want to go to the service and they have the right and the freedom to go and shop in the community in which they live and spend money and support that community, but prisoners they have no option to go and support that community. What they do is, they call me and they call other Representatives in this Body to ask for help when they're incarcerated. They don't call the prison representative that’s representing the district to say that they need to be moved because they really believe that they live in the district. They also maintain their voter’s registration at that location, so that when they come out they can vote again. They've never changed their voter’s registration. They maintain it at the last known address." 09700033.doc 186  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"No."

"Give you another minute, Representative."

"Chair recognizes the Gentleman from DuPage, Representative Mike Fortner."

"Sponsor yields."

"Well, at their… at their… at their residence where they're… wherever they choose. I mean, the Federal 09700033.doc 188  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Government cannot tell you where you should be counted. You’re counted where you claim your residence."

"You… you…"

"Well, I… I want to thank the previous speaker. He raised that we have more work to do in this Body because we have to correct the problem that he's thinking of. And I believe that the Federal Government… the Supreme Court has ruled that states have the authority to make their own determination about what population base to use for states’ 09700033.doc 190  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 legislative districts and that's why this Bill is being offered today. And I respect the previous speaker for offering suggestions for the next Bill."

Speaker Lyons: "Chair recognizes the Gentleman from Cook, Representative Dunkin."

"Thank you, Mr. Speaker. I would like to rise in support and commend the Sponsor for this legislation. It is timely; it is about doing the right thing. Here's what I believe may have been pointed out. The average prisoner spends about two and a half years locked up. The U.S. Census count accounts for those individuals who are locked up for 10 years. And the towns where those individuals are locked up, let's say… where is Big Muddy? Southern Illinois or where Menard Correctional Facility is, I don't know all those small towns, but they actually… we, State Government, we actually allocate human service dollars, transportation, infrastructure dollars, Medicaid dollars, as well as, the Federal Government offers and provides community development block grant dollars, human service dollars, dollars that impact that particular city, that particular county. But two and a half years is not enough time for anyone to live in. There's another political reality to this. In the State of Illinois, which is what this Bill is dealing with, there is a disproportionate number of black and Hispanic prisoners in these predominately white towns where they are counted by the U.S. Census. Some… some… some prisons have 3,500, some have 25, some have 6,000-plus prisoners and it raises their funding level or funding formula of what they’ll receive from the state and from the 09700033.doc 191  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Federal Government. My thing is, if you're going to receive public dollars based off of the census… based off of that population, why don't you have or let those public dollars at the state and federal level follow the prisoners? Let's give those dollars back to where those prisoners return. They… you know, where they’ll return? Those black prisoners tend to return in the black neighborhoods. The Hispanic prisoners tend to return back to the Hispanic neighborhoods. The white prisoners tend to return, on average, back to the white neighborhoods. Let's allow those public dollars to return back to those cities where they absorb the majority of the prisoners. It only makes sense. But a lot of these towns tend to not have any follow-up service or after imprisonment services to help reduce recidivism or get those prisoners, those former prisoners, those ex-cons back on their feet. Instead they return to some of these areas where the human services are strangled and struggling for services to help those returning or those former inmates readjust themselves back into their respective community. So, again, I commend the Sponsor for this legislation. It makes sense. The money… this is about money as well. Why should those… those prison towns count the prisoners and receive state and federal dollars because of those prisoners? Well, where when those prisoners leave, their prisoners don't stay. The towns don't necessarily welcome them to stay. Is there housing for those prisoners when they get out in those towns? Is there social services in those towns for those prisoners? What kind of system or a protocol of readjustment reside in some of these small 09700033.doc 192  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 prison towns whose economy solely depends on prison population that don't live in that respective time… community. So, let's be real, folks. This is about money. This is about cash. And shame on us for drawing maps based off of a prison population who you know doggone well will have nothing to do with some of us if they were allowed to vote. And by the way, prisoners in this state are not allowed to vote while they are incarcerated and so, we need to send the money back to where those prisoners reside. They're coming back into my neighborhood and some of neighborhoods where they are not being counted. I would encourage an 'aye' vote. Thank you."

"Ladies and Gentlemen, I put this on extended debate which means there'll be five people speaking in support, five people speaking against. We've had three people speak against the issue, we've had two people speak for. I'll take two more opposed and two more plus Representative Ford to close. Representative Stephens."

"Five minutes."

"Representative Will Davis." Davis, W.: "Did the… did the previous Representative just refer to them as 'these people'? Those people? Will the Sponsor yield?"

"Sponsor yields." 09700033.doc 193  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Davis, W.: "Representative, I heard one of the previous speakers give the impression that individuals that are incarcerated are residents and that they have what appears to be the freedom to come and go and that they receive services in the towns where these prisons are located. What services does someone receive from the community when they're in a prison?"

"From the community, none." Davis, W.: "What's that?"

"From the prison community, that's it but none of the community outside." Davis, W.: "Nothing in the community, right?"

“Correct.” Davis, W.: "So… so, they get the benefit of counting the people but the people that are there don't get the benefit of the services that they, I guess, other people in that community receive, correct?"

"Well, let me just tell you, Representative. Some of these counties are not even counting the prisoners, so they're not even being counted in the census because they don't want to mess up their statistics in their communities like adding different… Well… So…" Davis, W.: "Okay. All right. So, what I understand of what you're attempting to do is that someone that's incarcerated, when they're released from prison they're released back to the home address or the address that they last had before they were incarcerated, correct?"

"That's correct. Ninety percent of the time people return to the same address that they left before going to jail." 09700033.doc 194  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Davis, W.: "Okay. So, this is an effort to recognize where they came from and to suggest that they are still members of that community, correct?"

"Correct." Davis, W.: "So, if they're members of that community then why shouldn't that community benefit from whatever the enhanced resources that come based on counting them in that community from the census, correct?"

"And… and you know what, just because the prisoners return to the community it does not guarantee any new revenues. So, no one is going to gain new revenues, no one is going to lose revenues, but what we do do and the intent of this Bill is to simply make sure that the numbers are accurate in the areas where they're returning." Davis, W.: "Where the areas they are returning."

"Right." Davis, W.: "Well, to the Bill Ladies and Gentlemen. I certainly stand in support of the Gentleman's measure. And would just caution Members here, I understand that sometimes these issues are emotional, but I guess sometimes we have to learn to keep our emotions in check. Now mind you, these are recorded proceedings and what we say there is a record of it. So, just be mindful of how you refer to people in this. I don't see why you're pointing over here, Representative, you used it. Would you like me to go get the transcript and bring it down to you so you can read it yourself about how you refer to people? They're still human beings. Some people make mistakes. Some people make mistakes and they have to go through this process and 09700033.doc 195  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 that's fine. That's fine. But we're talking about the communities in which they come from, the fact that they're going to be released back to those communities. And so, why can't those communities benefit from those counts. And subsequently be… and subsequently benefit from the resources that come as a result. So, again, obviously you're going to vote the way you feel. Representative Dunkin mentioned that this is about money and it is about money at the end of the day. It really is. But why shouldn't the communities where the individuals are going to return to benefit from the resources that could come as a result, so when they return to the communities, there will be something there for them so they won't back to prison after the fact. So again, I support the Gentleman's measure and encourage everyone to support it as well. Thank you."

"Representative Jim Watson."

"We've had five people speak in opposition. The last speaker in favor will be Representative Nekritz and then Representative LaShawn Ford to close. Representative Nekritz."

"Thank you, Mr. Speaker. To the Bill. I would like to clarify that I don't… this is really… this piece of legislation to my understanding is really not about the money. It is about the census and how we use it for redistricting purposes. Counties have the opportunity to take… to change their census numbers to take out the… the prisoners. This is an opportunity for us to have… make sure that these people are counted in our census. So, for example, in the 2000 census, Brown County had a reported… the census reported that there were 1,265 African Americans when, in fact, outside the prison population there were only 5. So, we would… I would anticipate we would want these people to be counted somewhere in the State of Illinois and having them counted in their home… where… where they re… where they came from seems to me like a reasonable thing to do. So, again, this doesn't affect the flow of dollars as a result of the census, it is about redistricting. And it's about how we use the census numbers for redistricting and making sure that every resident of the State of Illinois is counted. Thank you." 09700033.doc 197  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Representative Ford to close."

"Thank you very… thank you very much, Mr. Speaker and Members of the House. The legislative intent of House Bill 94 only applies to the legislative redistricting and it does not apply to dollars. The federal and state legislative funds are distributed by a very complex formula and it does not deal with the prison count. I just ask that we follow the law, the law that we took the oath to follow, which states that… and it's a well established law in Illinois from 1887 that says… it states that Illinois law says that a person confined in prison under the judgment and a sentence of a court does not thereby change their residency. So, if we're going to follow the Constitution here because we all raised our right hand to follow the Constitution, then we're going to vote 'yes'. Thank you."

"Question is, 'Should House Bill 94 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? Arroyo, DeLuca, Lang. Mr. Clerk, take the record. Representative Ford."

"Need a little more work. Postponed Consideration, please."

Speaker Lyons: "That's your call… it's your call, Representative."

"Please. Postponed Consideration."

Speaker Lyons: "Postponed Consideration, Mr. Clerk. Representative Monique Davis, for what purpose do you seek recognition, Ma'am?" 09700033.doc 198  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Davis, M.: "Thank you… thank you very much, Mr. Speaker. I rise for a point of personal privilege. And"

"Please proceed." Davis, M.: "…my point is the census is used to determine where federal dollars will go and the assumption by the Federal Government is that those dollars will be used based upon that population that created those numbers. And in this situation it is not happening. They're not benefiting from the health fair dollars or the education dollars that are being sent that way. Thank you."

"On the Order of Third Readings, Representative Bob Pritchard you have House Bill 1710. Read the Bill, Mr. Clerk."

"Representative Pritchard."

"You've heard the Gentleman's explanation of the Bill, are there any questions? Seeing none, the question is, 'Should House Bill 1710 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? Acevedo, Colvin, Gabel, Hernandez, Riley, Soto, Williams, would you like to recorded? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Ron Stephens."

"Sir, your request…"

"Your request will be honored, Representative. Representative Keith Farnham you have House Bill 1282… 1262. House Bill 1262. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Keith Farnham."

"Thank you, Mr. Speaker, Members of the House. House Bill 1262 requires DCEO to contact businesses located in the state that have left the state in the last 10 years and request each completed survey developed by DCEO that includes information regarding why the businesses left, if applicable, and the location to which the business located and any incentives that are needed to keep and attract the business. DCEO shall compile the results of each survey by each July 1 and shall present a report to the General Assembly. The report must identify the most common responses categorized by industry and region regarding why the business left the state. The survey shall encompass all businesses except retail, retail food, health and professional services."

"You've heard the Gentleman's explanation. The Chair recognizes the Gentleman from Jasper, Representative David Reis."

"Sponsor yields."

"Yes." 09700033.doc 201  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"I don't have them listed as in opposition to the Bill."

"And… and the thing is it's like, we… we tell DCEO to do this. They don't tell us."

"I think that's really good information for us to have. I mean, we're already… we're talking about Workmen's Comp type thing, issues like that that affect businesses. We really need to have the feedback from the actual people who are affected to know why they're leaving our state."

"It's a yearly Bill."

"I mean, it's a yearly report."

"Yes."

"Mr. Reis, we'll give you another minute to complete your questioning."

"It would be my intention if there are glaring things that are consistently forcing businesses to leave that we would change that."

Speaker Lyons: "Chair recognizes the Gentleman from Knox, Representative Don Moffitt."

"Sponsor yields."

"Yes."

"Correct."

"There's no cost attached to it, no funding attached to it. It's… it's an internal report that's done within the department that's already… the employees that are there."

"Yes."

"Right. And… and you know, I totally agree that we should be doing things that make our state more friendly. And you know, I mean, that's why sometimes we don have turnover in the Legislature because we need to change the direction that we're going in. And… and I certainly have been a big proponent of working across the aisle, Republican, Democrat, to work together to create a better business atmosphere." 09700033.doc 204  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Representative Chapin Rose."

"Sponsor yields."

"I believe that we need to listen to the businesses that are actually doing this. You know, we need to know from them what is going on. And I think…"

"…this will help."

"Pardon me?"

"I'm very active with my Chamber of Commerce."

"Being a former business person myself and having had a business for 30-some years I understand a lot of their problems."

"It is harder and harder to make a profit."

"For any number of reasons, mostly of which are regulations, costs and costs that are pushed down our throat as businesses…"

"…and we're told, just pass them on to the consumer…"

"…and we can. Absolutely. And I voted…"

"…against the tax increase."

"Representative, I can tell you this that businesses say the state and the Legislature don't listen to us. This is a way that we listen to them."

Speaker Lyons: "Representative Rose, I'll give you another minute."

"Jim Watson."

"Sponsor yields."

"Yes."

"Yeah. I didn't mention that before, but yes. I believe that we should be listening to these things and if we need to take action, we should."

"I would like to see us continue to work on reform of workmen's compensation."

"Again, I would have to look at it and… and I mean, if that's the… the majority of businesses are saying that, then I think that we need to certainly look at that very seriously."

"Representative Sandy Cole."

"Sponsor yields."

Speaker Lyons: "Our final speaker will be Representative… questioner will be Representative Lang and then Representative Farnham to close."

"Thank you, Mr. Speaker, Ladies and Gentlemen. I rise in support of the Gentleman's Bill. I had a very similar Bill that I believe passed this Chamber unanimously that came from the Job Creation Task Force. This Bill’s slightly different, it goes back 10 years. My Bill suggested that as businesses leave the state we do this. Of course, we should monitor them while they're here, but if they're going to leave we should find out why they're leaving so we can try to deal with some of the mistakes we've made. One of the Gentleman said, well, we know what the problem is. Excess costs, blah, blah, blah. Okay. I get that. But there may be 09700033.doc 208  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 other things that are not so apparent. Other things that we don’t know. Maybe it's local regulation rather than state regulation. We should just simply ask the questions. Of course, we should asks the questions before they go, but if we haven't had a chance to do that, once they leave we ought to find out what we can do to keep them in Illinois. What we can do in the future so that businesses that are currently in the state don't want to leave. This was a strong… there was strong evidence about this issue at the Job Creation Task Force. And so, this Bill is an improvement actually on the Bill I had that we all voted for. So, I would recommend 'aye' votes."

"Representative Farnham to close."

"It's… it's pretty much been said and I… I believe that we need to be listening to these businesses, not only… I agree 100 percent we need to be listening to the businesses that are here before they leave. But hopefully this will give us some information and I agree with Representative Lang on that issue about local ordinances and things like that. So, I would urge an 'aye' vote."

"The question is, 'Should House Bill 1262 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Golar. Mr. Clerk, take the record. On this Bill, there's 86 Members voting 'yes', 22 voting 'no'(sic-2 voting 'present'). This Bill, having received the Constitutional Majority, is hereby declared passed. 09700033.doc 209  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Representative Currie, you have House Bill 1518. Read the Bill, Mr. Clerk."

"Lady from Cook, Leader Barbara Flynn Currie."

"Thank you, Speaker and Members of the House. The state currently has a program in which limited income seniors can borrow money to de… to pay their property taxes and the money is returned to the state with interest when the property is sold. Today there are people who are accessing that program with very substantial sums. There was one example of somebody who… whose material goods were held in a trust and the state was paying $58 thousand for property taxes for that individual and losing money on the proposition. This measure does two things. It increases the income eligibility from $50 thousand today to $55 thousand tomorrow and it limits the amount of money that can be deferred, that can be borrowed to defer the payment of property taxes to $5 thousand. It's an initiative of the Department of Revenue. I'd be happy to answer your questions and I'd appreciate your support."

"You've heard the Lady's explanation, are there any questions? Seeing none, the question is, 'Should House Bill 1518 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Golar. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional 09700033.doc 210  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Majority, is hereby declared passed. Representative Raymond Poe, you have House Bill 3332. Read the Bill, Mr. Clerk."

"Gentleman from Sangamon County, Raymond Poe."

"You've heard the Gentleman's explanation, is there any questions? Seeing none, the question is, 'Should House Bill 3332 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Coladipietro, Representative Jones, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dunkin, you have House Bill 1298. Read the Bill, Mr. Clerk."

Speaker Lyons: "Gentleman from Cook, Representative Ken Dunkin."

"Thank you, Mr. Speaker, Members of the House. House Bill 1298 simply… it creates the State Police Electronic Citation Form. This is our cleanup language. We simply want to make sure that the Electronic Citation Fund is… eliminates the mention of the State Police Electronic Fund Citation and instead directs the fee money toward the LEADS Program. And I would ask for an 'aye' vote."

"You've heard the Gentleman's explanation, any discussion? Seeing none, the question is, 'Should House Bill 1298 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? Skip Saviano, Sosnowski, Jerry Mitchell. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 34 of the Calendar, on the Order of Concurrences, is House Bill 1030. Representative Mautino on House Bill 1030 on the Order of Concurrence."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1030 is the agreement for the interest payment on the unemployment insurance trust fund. We have a situation where we are going to owe our first payment, which will be $80 million, due September 1 and so, under the federal guidelines with the triggers that are currently in place we needed to make some changes to allow for the first… the first payment, which is an interest payment. 09700033.doc 212  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 This has been done under the agreed Bill process. Representative Ed Sullivan and I have been involved in the negotiations with labor and the business community and this is the agreed work that comes from those negotiations. Under this process all the UI Bills which have been pending in both chambers will stop moving and then in the fall Session we will address the larger portion which is the shortfall in that trust fund, this is the interest payment. It contains a few provisions. First of all, the… the fund building rate has been divided out and that's the .5 percent that businesses pay in order to structure what's known as our fund building rate. We've divided that into two different provisions. One is a .3, the other is the .2 and that will generate about $80 million. That's the amount of money that is necessary to make this payment. Now, if we don't do this a couple of things happen. Beginning in April about 41 thousand people use… lose their unemployment insurance benefits and about 2 thousand per month after that. Businesses that fund these programs will lose about a billion dollars in credits. So, it is critical that is passes and that it passes today. The negotiations have gone forward very well. In the course of doing that the Bill contains what are known as speed bumps. These have always been placed into the unemployment insurance trust fund and the reason we do this is so that we want a settlement on the larger problem come December and what happens then is if the groups don't agree to a settlement then labor would take a reduction in benefits, businesses would take an increase in their taxes, which would be much, much less 09700033.doc 213  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 than if the trust fund itself were not to get solved at that point. I want to commend Senator Jones, Senator Link, the people from the Department of Employment Securities, Representative Ed Sullivan, whose done an excellent job. We bring you an agreed Bill. And I look forward to working with him in the Veto Session when we will address the other unemployment issues, but today is a critical date. And I thank all of the parties for their dedication to getting this done. We will have it done in a timely factor. It will provide $80 million and we can go forward without increases in taxes to the business or reductions in… or reductions in the benefits for workers. I'd ask if Mr. Sullivan would like to make a comment."

"Chair recognizes Representative Ed Sullivan."

"Representative Jim Watson."

Speaker Lyons: "I think that's the perfect close unless Representative Mautino chooses to say something. Representative Mautino to close?"

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I simply ask for an 'aye' vote and we'll send this on to the Governor. And I appreciate all those who have worked to make this… make this a reality." 09700033.doc 215  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"The question is, 'Should the House concur in Senate Amendment #1 to House Bill 1030?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Kay, Representative Sommer. Mr. Clerk, take the record. On this Bill, there are 109 Members voting 'yea', 1 voting 'no', 0 voting 'present'. The House does concur in Senate Amendment #1 to House Bill 1030. This Bill, having received the Constitutional Majority, is hereby declared passed. Congratulations, everyone. Mr. Clerk, on page 24 of the Calendar, under House Bills-Third Reading, Speaker Madigan has House Bill 117. Read the Bill, Mr. Clerk."

"Speaker Madigan."

"Mr. Speaker and Ladies and Gentlemen of the House, House Bill 17(sic-117) is the first of three Bills which will implement part of our budget plan for FY12. These Bills and two Bills tomorrow will provide for the appropriation for our debt service payment, the appropriation for the pension payment to the five state pension systems and the appropriation to support the group insurance program. The plan here is that those three items are must do items and they must be done at the level that's contained in these Bills. After this, the Appropriations Committees will be asked to work with the remainder of the money that has been allotted to those committees, continue 09700033.doc 216  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 with the appropriations process and provide for the authority to spend money in various categories. On House Bill 117, with the Amendment, the Bill provides the required debt service payments on the general and special obligation bonds for fiscal year 12. Mr. Speaker, I believe that Mr. Cross wishes to join in the debate."

"Leader Cross."

Speaker Lyons: "Having heard from both our Leaders, the question is, 'Should House Bill 117 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 24 of the Calendar, Mr. Clerk, the Speaker has House Bill 132. Read the Bill, Mr. Clerk."

"Speaker Madigan."

"Mr. Speaker and Ladies and Gentlemen of the House, as I said previously, House Bill 132 with the Amendment would provide for the appropriation for the fiscal year 12 liability payment for the State Employees Group Insurance Program. None of these amounts will be available to pay down past bills. And again, I would ask Mr. Cross to join us in the debate."

"Leader Cross." 09700033.doc 218  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

Speaker Lyons: "You've heard our Leaders support of this. There's a question, Representative Stephens."

"Speaker yields."

"I think my answer in the committee was, yes, wasn't it? Your question in the committee was 10 years and I think I added 10 years on to it to make it 20. So, the answer is yes again today."

Speaker Lyons: "No one seeking further questioning, the question is, 'Should House Bill 132 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 33 of the Calendar, under House Bills-Third Reading, Speaker Madigan has House Bill 3639. Read the Bill, Mr. Clerk."

"Speaker Madigan."

"Mr. Speaker, Ladies and Gentlemen of the House, the Bill with the Amendment provides for the required contributions to the Downstate Teacher's Retirement System as certified by the system in the fall of 2010 which will allow the system to achieve 90 percent funding in the year 2045. In addition, the Amendment funds the statutorily required contribution to the Public School Teachers' Pension and Retirement Fund of Chicago. This is a result of the increase in the retirement multiplier, the 2.2 percent which occurred in 1998. And again, I would ask Mr. Cross to join us in the debate."

"Leader Cross."

"Speaker Madigan and Leader Cross move for the passage of House Bill 3639. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what's the status of House Bill 3499?"

"Move that Bill to the Order of Second Reading on the request of the Sponsor. And what's the status for House Bill 186?"

"Move that Bill to the Order of Second Reading on the request of the Sponsor. Ladies and Gentlemen, on Supplemental Calendar #2 we have House Joint Resolution #11. Chair recognizes Representative Sid Mathias on House Joint Resolution 11."

"The adoption of the Resolution.”

Speaker Lyons: “You've heard the Gentleman's discussion on House Joint Resolution #11. Are there any questions? Seeing none, all those in favor of the adoption of House Joint Resolution 11 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Hammond, Representative Jones, like to be recorded? Mr. Clerk, take the record. On this Resolution, 110 Members voted 'yes', 0 voted 'no'. And House Joint 09700033.doc 222  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Resolution 11 is hereby adopted. Representative Lilly, for what purpose do you seek recognition, Ma'am?"

"Thank you, Mr. Speaker. I'd like to change my vote, House Bill 1628 to 'present'."

"The Journal will reflect your request. Mr. Clerk, on Supplemental Calendar Representative Brady has House Resolution 39. Representative Dan Brady. Dan, House Resolution 39. Representative Brady on House Resolution 39."

"You've heard the Gentleman's explanation on House Resolution 39. Are there any questions? Seeing none, the question is, 'Should House Resolution 39 be adopted?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bellock. Representative Brauer. Mr. Clerk… Mr. Clerk, take the record. On this Resolution, there's 104 09700033.doc 223  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Members voting 'yes', 5 Members voting 'no'. And the House adopts House Resolution 39. Representative Nekritz on the Supplemental Calendar you have House Resolution 111. Representative Nekritz on House Resolution 111."

"Thank you, Mr. Speaker. House Resolution 111 designates March 2011 as Social Workers Month in the State of Illinois. I urge your support."

"Just in time, the 31st of the… March. All those in favor of the adoption of the Resolution signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 111 is adopted. Representative Mayfield, for what purpose do you seek recognition, Ma'am? You do not and withdrawn? Okay. Representative Mayfield."

"I'd like to change my vote on House Bill 1628 to 'present'."

Speaker Lyons: "The Journal will reflect your wishes. Representative Rich Brauer, you have Resolution 143. Representative Brauer on House Resolution 143."

"You've heard the Gentleman's explanation. All those in favor of the adoption of House Resolution 143 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 143 is adopted. Continuing on the Supplemental Calendar on Resolutions, Patti Bellock, you have House 09700033.doc 224  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011 Resolution 211. Representative Patti Bellock on House Resolution 211."

"You've heard the Lady's explanation. She moves for the adoption of House Resolution 211. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 211 is adopted. Representative Dan Brady, you have another Resolution, 217. Dan, House Resolution 217. The Gentleman from McLean, Representative Dan Brady."

"You've heard the Gentleman's explanation. For the adoption of House Resolution 217, all those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 217 is adopted. Mr. Clerk, the Adjournment Resolution."

Speaker Lyons: "Leader Barbara Flynn Currie moves for the adoption of the Adjournment Resolution. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Adjournment Resolution is adopted. Mr. Clerk, the House committee schedule for this evening. The House Committee schedule on a yellow piece of paper, Members, for this evening."

"So, everybody has the yellow sheet with the committees scheduled after Session is over. Mr. Clerk, Agreed Resolutions." 09700033.doc 226  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/31/2011

"Representative Currie moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. And now, with no further business to come before the House of Representatives, the House will stand adjourned allowing perfunctory time for the Clerk to the hour of 10 a.m. tomorrow, Friday, April Fools Day. We'll all be here at 10:00. All those in favor of the adoption of the Resolution signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the House stands adjourned ‘til the hour of 10 a.m. Have a wonderful evening, one and all."