Illinois House Floor Debate — April 5, 2011

Speaker Lyons: "Good afternoon, Illinois. Your House of Representatives will come to order. Members are asked to please be at your desk. We shall be led today in prayer by Wayne Padget, the Assistant Doorkeeper here in the House of Representatives. Members and guests are asked to please refrain from starting their laptops, turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance. Wayne Padget."

"Representative Nybo, would you please now lead us in the Pledge of Allegiance." Nybo – et al: “I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

"Roll Call for Attendance. Leader Barbara Flynn Currie, Democrats."

"Thank you, Speaker. Please let the record show that Representatives Gordon, Jefferson, and Mell are excused today."

"Thank you, Leader. Representative Bost, GOP."

"Mr. Clerk, take the roll. There's 101 Members present answering the Roll Call. We have a quorum and 09700036.doc 1  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 we're prepared to do the work of the State of Illinois. Mr. Clerk, Committee Reports."

Speaker Lyons: "Ladies and Gentlemen, we have the list of priorities, both Democrats and Republican. So, we'll start with some Third Readings depending on if the people are in the chamber whose names are on the list. So, we'll start on the Democratic side. Representative Arroyo, on page 28 of the Calendar, you have House Bill 3090. Read the Bill, Mr. Clerk."

"Representative Arroyo."

"Thank you, Mr. Speaker, Members of the House. I want to call Bill 30… 3090 about disposable prescription drugs. I think this is a good Bill to let the people know, seniors, and where to get rid of discarded drugs that are old and not going into the river and stuff like that. I… I would like an 'aye' vote."

"You've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Lady from Lake, Representative JoAnn Osmond."

"Representative Arroyo to close."

"I would like an 'aye' vote. Thank you."

"The question is, 'Should House Bill 3090 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 101 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative John Bradley. Representative John Bradley, you have House… on page 23 of the Calendar, you have House Bill 1152. Read the Bill, Mr. Clerk."

"Mr. Clerk, on re… on request of the Sponsor, take that back to Second Reading. Representative, take that Bill back to the Order of Second Reading. Representative Marlow Colvin, you have, on page 29 of the Calendar, House Bill 3408. Representative Colvin. 3408, Marlow. Read the Bill, Mr. Clerk." 09700036.doc 3  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

Speaker Lyons: "The Chair recog… The Gentleman from Cook, Representative Marlow Colvin."

"Thank you, Mr. Speaker. I have for the House to consider House Bill 3408, which simply would provide for penalties for individuals who are… who give false statements to law enforcement… law enforcement officers when they're attempting to serve summons upon an individual. From the law enforcement communities we have heard often, and I have heard specifically, that when attempting to serve summons on individuals, whether to their whereabouts or their identity, they're often giving false stories or lied to with respect to identifying an individual or giving indi… individual's… the whereabouts. Quite frankly, perjury is a crime, and as a result, we have to punish those individuals who choose to misdirect law enforcement officers or obstruct justice in this fashion. I'll be happy to answer any questions."

Speaker Lyons: "The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."

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

"The Sponsor yields."

"Representative, is it already a crime right now to provide false information to a law enforcement officer attempting to serve any type of pleading or… or court order?"

"Representative Franks, I believe there are penalties for obstruction of justice of this kind. Of this specific 09700036.doc 4  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 type, I… I can't speak exactly to that. I'm sure there is some overlap here with regard to giving false statements and what have you, but specifically, in the law, from what I've heard from law enforcement officers, that is not the case."

"I'm just… I like the idea here, and… and I'm just wondering if… if it may be able to be expanded to include others, because I understand what you're trying to do here, but oftentimes, people are pretty good at avoiding the law. And I'd like… and if the idea is to take away that opportunity for them to be served, perhaps we should expand this. That'd be my first question. And my second issue is, are there any constitutional problems with this. I'm wondering under a Fifth Amendment Constitution… Constitutional right you have the right to remain silent. You don't have to answer anyone's questions. Would this Bill be violative if someone said to you, are you Marlow Colvin, and you looked at them and said, I don't… I don't need to answer any of your questions."

"You know, Representative Franks, I'm not a lawyer and, certainly, my purview with respect to the criminal justice system and whether or not that would consider perjury at that point, would be illegal. I'm certain that there're… individuals clearly have rights to not answer those types of questions. I… it sounds… what the criminal procedure is at that point, I am unaware of."

"And I'm just… I like what you're doing. I just don't want to get tripped up. You know what I'm saying? I just… I'm concerned that if someone says, are you Marlow Colvin, 09700036.doc 5  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 and you just say, you know, it's none of your business, is that a false or a misleading statement? And I'm wondering…"

"But I would imagine that that situation could occur whether or not a police officer is trying to serve summons, or stop you from running a red light. I think there's a question of criminal procedure there. I would be happy to entertain, specifically, what that… what that entails at that point, but I see that… the question you're asking, I see it as a broader issue and not specific to this Bill."

"I agree. I agree. I… if we could, when this passes, and I plan on supporting it, if we can… would you be amendable to possibly amending this in the Senate, if necessary, on the Constitutional aspect, but also, making it broader 'cause I… I really like this idea."

"I would be open to a reasonable… a discussion for a reasonable Amendment that would broaden these powers. I guess, really, to the point that you just made, my only question would be, in terms of broadening it, are we… are we then getting into some of those Constitutional issues that you so eloquently mentioned just a moment ago. But certainly, the conversation/discussion, how we could do it and do it within the confines of what is Constitutional and what is legal, I'd be happy to have that conversation with you or anyone else."

"Thank you. Thank you."

"Representative Mary Flowers."

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

"The Sponsor yields." 09700036.doc 6  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Representative, is this only when a law enforcement is attempting to serve a protective order on a person?"

"Correct."

"Okay. I just wanted to make sure that that is the only time because how will this…"

"This… this is… this is the only expansion of this law. I'm sure there are many instances that are already on the books. To the point the previous Legislator made, I'm sure there are certain laws already in the books with respect to lying to enforcement… law enforcement officers. What we're simply trying to do here is to expand it, in a very narrow way, to speak to these particular class of individuals who may be lying to a police officer where the charge would probably be obstruction of justice."

"So, if you… at the moment that you are asked, do you know where John Doe is, and at that moment, you know where he was but you don't know where he is, is that lying to a police officer, or someone, a law enforcement?"

"I think the… the better question would be, or the better answer to the question I think you're asking, is to… what would be considered reasonable, number one. Number two, like any crime that you're being charged with, it would up to a prosecutor to prove your guilt. So, if someone came to me and said, do you know where Mr. X is and I answered no, if they chose to prosecute me, say that I had knowledge, clearly, they would have to be able to prove to a judge and/or jury that I had knowledge of where that individual was." 09700036.doc 7  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"What about my right not to violate myself. I mean, what about that portion of the Constitution?"

"Are you talking about, like, a Miranda right or something? I'm not sure what you're saying."

"What about the right for me not to implement or implicate myself. You know, if I just want to say, I don't know. Do I have the right to protect myself?"

"I think if you answered, and… and I think it would clearly depend on the circumstance in which you were accounted for or a… or a law enforcement officer was to ask you that question. The circumstance of that question would surely, I think, dictate what your response would be. I don't think anywhere in this where that… where there would be a degree of ambiguity where the question wouldn't be direct."

"The right of incrimination…"

"Do you know where Mr. X is? You either know where he is or he doesn't."

"But…"

"But keep in mind here, I think what we're really getting to is individuals who willfully lie in an order to avert a law enforcement officer from doing his or her job. I think that's what the standard of proof would be if… if they were charged with such a crime."

"Thank you, Representative."

"Representative Chapin Rose."

"Representative Colvin to close."

"Thank you, Mr. Speaker. I appreciate the comments of Representative Rose in… in trying to clarify what we mean by free speech and clearly, I think he gave an excellent definition. I would simply ask for an 'aye' vote. But we're talking about individuals who willfully lie to mislead law enforcement officers when they're attempting to serve protective orders… protective orders. Clearly, when we talk about protective orders, we're talking about people's safety in many times. And I think anybody who would willfully or directly lie to a law enforcement officer in such a case where they have information that may protect someone's safety, should be considered a crime and thus, I would ask you to vote 'yes' on this very important Bill. Thank you."

"The question is, 'Should House Bill 3408 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? 09700036.doc 9  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Have all voted who wish? Have all voted who wish? Chapa LaVia. Mr. Clerk, take the record. On this Bill, there are 99 Members voting 'yes', 2 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Barickman, the Gentleman from Champaign, on page 27 of the Calendar, you have House Bill 2362. Read the Bill, Mr. Clerk."

"Representative Barickman."

"You've heard the Gentleman's explanation. Are there any questions? Seeing none, the question is, 'Should House Bill 2362 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 Bill Mitchell, Phelps, Reitz. Danny Reitz. Mr. Clerk, take the record. On this Bill, there's 101 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Anthony DeLuca, on page 24 of the Calendar, you have House Bill 1310. Out of the record. Representative Keith Farnham, on page 24 of 09700036.doc 10  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 the Calendar, you have House Bill 1258. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Keith Farnham."

"Thank you, Mr. Speaker, and Members of the House. House Bill 1258 amends the conabis… Cannabis Control Act, the Illinois Controlled Substance Act, and the Methamphetamine Control and Community Protection Act to require offenders who actions resulted in an emergency response to pay the cost of the emergency response and a fine. Provides that anyone found guilty or placed on court supervision for a violation, whose violation caused an incident that resulted in an emergency response, will be liable for the cost of the emergency response. House Amendment 1, as defined here, is a gut and replace that increases the fines and defines under the Meth Controlling Community Act what the incident could be. This is a… this came to me from two police officers in my community, helped me to write this, along with their chief, who is very much in favor of it. And the Illinois State Police have been very active in helping me to write this and the Amendment defining the fines and the incidents. Any questions?"

"You've heard the Gentleman's explanation. Are there any questions? Seeing none, the question is, 'Should House Bill… Representative Rose."

"He awaits your question, Sir."

"Ninety-nine percent goes to the local."

"Thank you."

"No one seeking further discussion, Representative Farnham to close."

"Thank you, Mr. Speaker, and Members. I appreciate the support. Good Bill. Comes to us from law enforcement, and I urge a… an 'aye' vote on this."

"The question is, 'Should House Bill 1258 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 Kelly Burke, Cavaletto. John. Mr. Clerk, take the record. On this Bill there's 101 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Feigenholtz. Is Representative Feigenholtz on the floor? Representative Mary Flowers, on page 23 of 09700036.doc 12  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 the Calendar, you have House Bill 223. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 223 creates a 29-member Health Care Justice Task Force, require that by September 1 of 2011, the task force will be created to accomplish the following: monitor the Federal Law in regards to health care reform and make recommendations, file a report with the General Assembly by January the 1, provide a quarterly assessment on the state progress, provide additional recommendations regarding reform by… by March 1st, 2013. One of the principal tasks of the task force will be to recommend a plan for implementation of a state plan, under which Illinois residents may purchase medical care services available to recipients of medical assistance and under the Department of Public Aid. This plan would be developed as an option for low-income individuals and families who may become eligible for Medicaid, but do not elect to enroll into that program, or whose eligibility for Medicaid may fluctuate based on the variation of their income. And I would like to have an 'aye' vote."

"Representative Eddy, I believe this is on Standard Debate, so you have five minutes. Representative Eddy."

"The Sponsor yields."

"Well, the makeup of the task force, Representative, would be a 29-member board. Thirteen members would be appointed by the Governor, and each of the 4 Legislative Leaders will have an appointment."

"Sir, according to the legislation, the revised membership of the 29… 29-member task force, the Governor wanted more appointments so he has 13, and each of the Legislative Leaders appoint 4 so."

"Well, you know, Representative, all things are not equal in this state. And I'm sure the Governor has very good intentions and the people that he would select will 09700036.doc 14  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 also do their due diligence in regards as to what is in the best interest of the people, in regards to what is needed to implement the health care reform Bill."

"The people of the State of Illinois has chosen Governor Quinn to be the Governor, and I respect that. And he's the leader and he should have the necessary appointments necessary to implement the program."

"The… the committee would be to go around the state to listen to the problems, to take in consideration of what the people who are using the health care plan are saying, and how to make the plan better. They will be making recommendations in regards to the structure of the plan, the function of the oversight, and what needs to be done in order to make the health care accessible to everyone. And we must seek the public input in order to make the health care plan work."

"That is the purpose of the task force, and the task force must go around seeking public input. They are to 09700036.doc 15  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 hold four public hearings across the state. You're correct."

"No one seeking further discussion, Representative Flowers to close."

"I would appreciate an 'aye' vote."

"The question is, 'Should House Bill 2… 223 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? Bost, Jakobsson, May. Representative May, would you like 09700036.doc 16  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 to be recorded? Mr. Clerk, take the record. On this Bill, there are 42 'yeas', and 58 'noes', and the Motion fails. Representative Flowers, we didn't have the 47, Mary. We couldn't put it on Postponed. Representative Golar, on page 28 of the Calendar, you have House Bill 2936. Representative Golar, would you like to call House Bill 2936? Out of the record. Representative Michael Fortner, on page 30 of the Calendar, you have House Bill 3459. Read the Bill, Mr. Clerk."

"Representative Mike Fortner."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is 'Should House Bill 3459 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 09700036.doc 17  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 all voted who wish? Representative Chapa LaVia. Representative Ramey. Mr. Clerk, take the record. On this Bill, there's 101 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby… hereby declared passed. Representative Leader Lou Lang, you have House Bill 1530 on page 25 of the Calendar. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Leader Lou Lang."

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Some years ago, on this floor, I supported and passed a Bill to provide for a limited amount of mental health parity. This is, of course, requiring that insurance policies include mental health as a… as a component of health care. This Bill would put us in compliance and match us up with Federal Law on this issue. It's an important Bill. One in four families in Illinois have a family member who's mentally ill, and lost time at work, lost productivity based on this, is really hurting business as well as hurting families in Illinois. We need to match ourselves up with the Federal Law and pass this Bill, which will be very helpful in this regard. Some of the business groups may have indicated to you their opposition to this. These are the same business groups that were opposed, previously, when we passed this some time ago, who were worried that costs would go up, but the evidence over the last dozen years is the cost has not gone up. Premiums have not gone up as a result of the previous 09700036.doc 18  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 mental health parity law we passed. We care about our people. We care about the health care needs of Illinois. We should pass this Bill. I ask for your support."

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

"The Sponsor yields."

"Well, do you have any particular Section you're referring to, Sir?"

"Well, again, Sir, I'll go back to where I started. Much of this is a red herring. The same groups that are opposed to this today were the same groups that were opposed to this when I passed the last mental health parity Bill, 09700036.doc 19  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 probably a dozen years or more ago and the same group that opposed it when President George Bush proposed and implemented a mental health parity plan in Washington. These same groups were opposed then. These same groups are opposed today, but they raise issues about costs which over the last dozen years have not borne out. The cost of health care insurance… the cost of health insurance has not increased as a result of mental health parity laws, and there's no evidence that this Bill will cause them to increase either."

"Well, this isn't for every… this isn't for every item of coverage. This relates to autism services."

"This Section that you're referring…"

"…to about the $36 thousand only relates to those that have autism disorder."

"That word is not meant to be a guarantee that everyone will have $36 thousand or more expended on them. That word 09700036.doc 20  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 is there to make sure that everyone has sufficient coverage. So, it doesn't require that if someone that doesn't need that level of service will have money wasted on that person. It simply requires that every policy be prepared to provide a level of service for a person who needs it in that measure."

"Representative Tryon."

"The Sponsor yields."

"I'm sorry, Representative. Can you ask the question part again?"

"Sir, if…"

"It doesn't change…"

"…the lifetime maximum. And again, let's… if people would listen to what I have to say, that Section of the Bill only applies to folks with autism."

"I can…"

"I… these are exactly the arguments that were made 12 years ago, and exactly the arguments that were made in Congress. I respect the problems that small businessmen and women have, the problems that the people from the Chamber of Commerce come with, but the truth is that 09700036.doc 22  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 they're wrong. The truth is that the cost, the health care cost, the insurance cost associated with mental health parity has not raised…"

"Give you another minute to finish your thought, Lou."

"…has not raised health insurance premiums in this state or in any state. That's what the evidence is. So, they can come here with the same arguments they made a dozen years ago, but just making the argument doesn't make it so. Health care insurance has not increased as a result of mental health parity laws. And there is no evidence that this Bill will raise those cost either."

"This is the last question, Representative."

"Representative Bellock."

"The Sponsor yields."

"That… that is not a correct statement, Representative. This…"

"… this Bill is not a mandate in any way. It says, if you have coverage for physical health, you have coverage for mental health. Those employers under 50 are not required by the laws of the State of Illinois to have health care insurance."

"The answer is yes. It's exactly…"

"…Representative, also… It's exactly, again, the argument that was made a dozen years ago when I passed the last mental health parity law in our state, and insurance costs have not gone up as a result of it. We haven't heard all… any kind of small businesses, in all these years, not a single small business called me and said, Representative, because you passed that mental health parity Bill, my costs have gone through the roof. It hasn't happen, and it's not going to happen. In fact, there's evidence to the contrary. There's evidence that businesses will save millions and millions of dollars because these people will get the help they need. There will be a lot less lack of 09700036.doc 24  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 productivity at work, less absenteeism, and less physical illness, which I know you understand…"

"Give you another minute, Representative."

"Thank you. You understand, Representative, that mental illness can lead to physical illness. And so, when we take care of one, we take care of the other."

"Representative Brady."

"The Sponsor yields. The Sponsor yields, Representative Brady. I think he's ready for a question."

"I'm sorry, Sir."

"Give the Gentleman back his time. Go ahead, Sir."

"Representative, we passed a Bill last year to provide for autism coverage, so this adds nothing. It just says if you have a policy that covers physical health, you have to cover mental health."

"Representative, the change relative to autism refers to that number, that $36 thousand is just being a number that insurance companies… the coverage needs to be able to state that it meets that mark. So, not every child that has autism needs services to that level, but if a child needs services to that level, the Bill would say they should be covered to that level."

"Yes, but it doesn't require… the word minimum is a little bit… it doesn't explain it well because it doesn't mean you have to spend $36 thousand. It means you have to be able to allow at least $36 thousand in coverage if the child needs it. If the child doesn't need $36 thousand in coverage, the Bill would not require that insurance companies go writing checks and giving them to somebody for no reason."

"Well, I'm not sure I understand the question."

"If there's coverage for autism, it needs to cover for at least 36 thousand…"

"…at least $36 thousand."

"That's correct."

"Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. Question of the Sponsor?"

"He awaits your question, Sir." Harris, D.: "Rep… Representative, if I knew that if I had any sort of an illness, I could go to the doctor and get any therapy that I wanted, and I knew that that was going to be covered by my insurance company, wouldn't I be motivated to… to do just that? There would be no restraint on me from taking whatever medical services are available as long as I know that they are going to be provided. Wouldn't that make sense?"

"No, Representative, because you always have to prove medical necessity. You and I both know that insurance companies reject claims all day long. So, nobody is going to be able to get away with simply dumping a bunch of bills on an insurance company and have them pay those bills." Harris, D.: "Okay. Thank you, and to the Bill. Autism is… and we're only talking in what… my reference is only to autism. I agree with you about mental health parity, but looking at the… the Bill that you've introduced dealing with autism coverage, it specifically says, and changes the word from a maximum of $36 thousand in coverage to a minimum of $36 09700036.doc 27  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 thousand in coverage, which means that any family that has an autistic child can, at any time, go to any medically needed service and get complete and total coverage with no limit whatsoever on how much coverage they are eligible for. How that does not increase costs is beyond me. Not that we want to deny autistic services, we do not, but we had a reasonable limit. We don't change the number limit in the Bill. We change the word from maximum to minimum. I just cannot see how this would not be a very, very expensive Bill when it comes to coverage for aut…"

"Give you another second. Representative Harris, do you need another minute?" Harris, D.: "…an expensive Bill when it comes to coverage for autistic services. Thank you."

"Representative David Leitch."

"The Gentleman yields."

"Mr. Leitch, the new Federal Law already covers self… self-employed. I'm sorry, self-insured."

"The new…"

"The new Federal Law already covers self-insured under ERISA."

"This Bill does not impact those laws, but Federal Law… those plans, but Federal Laws does."

"And that's why this Bill doesn't cover those plans directly, but Federal Law…"

"…Federal Law mandates to do… them to do various things, but this Bill does not require them to."

"Representative, under existing Federal Law physical and mental health have to be treated equally, and under Federal Law…"

"Representative Leitch, we'll give you another minute."

"So, Representative, this Bill doesn't and we haven't amended the State Employees Group Health Plan, but we 09700036.doc 29  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 believe that the new Federal Law applies to that plan as well."

"Well, I believe the Federal Law is taking… taking care of that for us, Representative."

"By the authority that the Federal Law has mandated that all insurance policies that include mental health coverage with parity."

"That would include the State Group Health Plan."

"Well, I'm not prepared to do that at the moment, but let me see if I can answer your question. The… the Federal Law has mandated that all of those plans, including the plans covers by ERISA, are covered. So, while this Bill…"

"I… I think the answer is both, Representative, the current law and under what you would call Obama Care."

"Representative, your time has expired. I gave you an extra minute."

"I know it…"

"The Gentleman from Madison, Representative Kay."

"The Sponsor yields."

"Well, the whole purpose of parity, Sir, is to say that if there's a cap on physical, then there can be a cap on mental. If there's no cap on one, there… the Federal Law mandates that there not be a cap. And so, in answer to the previous question, one of the other folks on your side of the aisle was referring to the $36 thousand, and it could go up to the sky, but the truth is that the Federal Government has mandated that there be no cap on one if there's a… if there's no cap on the other."

"No, Sir. No, Sir. It would not require you to double your policy. It simply says that mental health coverage goes right with physical health coverage. You don't need an additional policy."

"That's correct, Sir."

"We have two speakers left. Representative Sacia and Representative Reboletti, and then Representative Lang to close. Representative Sacia."

"The Sponsor yields."

"The answer to that is… today, the answer to that question is, no, and this Bill does not change that. But in 2014 when the rest of the Federal Law kicks in, the answer will be, yes, but that will have nothing to do with what we're doing here today, Sir."

"Not a higher standard. This is the same standard, mental health parity."

"The standard is the same for everyone which is, if you have physical health coverage, you have to have mental health coverage. If the physical health coverage has a cap, the mental health coverage can have a cap. If the physical health coverage does not have a cap, the mental health coverage cannot have a cap."

"Representative Reboletti, and then Representative Lang to close."

"The Sponsor yields."

"That… Representative, the whole purpose of parity is not a mandate. It simply says, if you have a health policy, it must cover both health… mental and physical health, and whatever the limits are on your physical health policy, can be the same limits on your mental health policy…"

"…which is all one policy." 09700036.doc 33  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"As a courtesy to my colleagues, and if you actually mean a few moments…"

"…I'll pull the… I will pull the Bill from the record at this time and, hopefully, you can get back to it today, Mr. Speaker."

"Representative Lang, when we resume this, we hope we have a solution to the questions they've asked and there will be no debate. So, thank you. Clerk, take the Bill out of the record on request of Representative Lang. Representative Mayfield, you have on page 25 of the Calendar, House Bill 1571. You want to call the Bill, Representative? Read the Bill, Mr. Clerk."

"The Lady from Lake, Representative Rita Mayfield."

"This Bill promotes reading instruction in the grades K through 3, when it is most critical for children to learn the development of reading. It is very permissive language 09700036.doc 34  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 and it is agreed upon. Processed through… by myself, ISBE… yeah, ISBE, and the other educational agencies. I'm open for questions."

"You've heard the Lady's explanation. The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"The Sponsor yields."

"Absolutely, and it's strictly promotion. It is not a mandate. It is just asking the schools to consider promoting additional 60 minutes of reading instruction for those very critical grades, K through 3."

"This is an issue throughout the State of Illinois. A lot of our children by the age of… by third grade, are not reading at a third grade level and that… and then moving forward, they're consistently behind. So, if we can promote that additional reading instruction, so that by the time they are in third grade they are at reading level. And that's what we're trying to do here. It's just to make sure that children are at their… at their actual reading 09700036.doc 35  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 levels by the time they achieve third grade and then going forward, the same thing."

"Absolutely."

"Thank you."

"Representative Mayfield to close."

"I urge an 'aye' vote on this Bill. Thank you."

"The question is, 'Should House Bill 1571 pass?' All those in favor signify by voting 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Poe. Representative Ramey. Mr. Clerk, take the record. On this Bill, there's 101 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative David Harris, you have, on page 28 of the Calendar, House Bill 3076. 3076. Out of the record. I'll give you a second bite of the apple here, Representative. You also have House Bill 3285 on page 29 of the Calendar. You like that one better? Read the Bill, Mr. Clerk." 09700036.doc 36  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"The Gentleman from Cook, Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. This Bill is… should be a noncontroversial Bill. It has passed the House on two other occasions, previously, both in the 95th, as well as the 96th General Assembly. It is a… an idea which I… I will say I borrowed from the distinguished Representative, Representative Reboletti, and it amends the Criminal Code to make it a Class X felony to film the rape of a child, which we do not have such penalty in law right now. Again, the Bill passed previously both in the 96th and the 97th General Assembly. The first time it got caught up in a Concurrence Motion out of the Senate. The second time it wasn't considered by the Senate. But I would ask this time that you… that you pass this Bill."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 3285 pass?' All those in favor signify by saying 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Will Davis. Mr. Clerk, take the record. On this Bill, there's 101 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Kevin McCarthy, on page 26 of the Calendar, you have House Bill 1719. Read the Bill, Mr. Clerk." 09700036.doc 37  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"The Gentleman from Cook, Representative Kevin McCarthy."

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 1719 is a Bill that would amend Article 17 of the Pension Fund. Believe it or not, it's the Chicago Teachers Pension Fund, and this Bill has been a long process. It's become an agreed Bill that the Chicago Public Schools, the Chicago Teachers Pension Fund, and the Chicago Teachers Union is all in favor of and that's something that I've never seen happen in my 15 years here before. So, it basically is a simple process. It allows them to count the days toward the calculation of their pension the same way that TRS does it. We have many schools nowadays that are not 170-day year schools… 180, I guess, is the proper number, are year-round schools. So, they've had this calculation with TRS for many years. And now, this… the Chicago Teachers Pension Fund would count the days the same way. It's a one day… counts for one day formula, where before, they had formulas that sometimes, if they work less than 5 days in a period, would count for nothing. And other days, if they just count one day more than five days in a period, would count for 10 days. So, it was kind of a… a mixed up formula. This straightens it out, and as I said, it's a… was agreed to by all three parts of the triangle. I'd appreciate your favorable response." 09700036.doc 38  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 1719 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. Mr. Clerk, take the record. On this Bill, there's 101 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mussman, you have, on page 27 of the Calendar, House Bill 2891. Read the Bill, Mr. Clerk."

"The Lady from Cook, Representative Mussman."

"Thank you, Mr. Speaker, and Members of the House. HB2891 is a bipartisan initiative of many Members that would cut the General Assembly Members salary by 10 percent, and remove the cost of living increases indefinitely. In this difficult time, I think it is very important for all of us to demonstrate to our communities the seriousness of our commitment to help solve the dire financial situation of our state. Over and over, my constituents made clear to me that they feel we are insulated from the same tough decisions and cutbacks that they are struggling with, and we are not acting with urgency to solve our state's problems. I know the amount of money this will save will not fill the hole in our budget, but I think it is important to step forward, demonstrating to our citizens, once again, our deep 09700036.doc 39  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 commitment to putting public service they elected us to perform first and foremost. I would appreciate an 'aye' vote."

"You've heard the Lady's explanation of House Bill 2891. The Chair recognizes the Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor yields." Davis, W.: "Representative, what's the genesis of this?"

"Pardon me?" Davis, W.: "What's the genesis of this?"

"My constituents. This is something that I talked about in my campaign. It's something that they asked me to do over and over at the doors. And this is a bipartisan effort. You will see that many Members have… many of the freshmen have signed on because it's something that we all talked about during our campaign." Davis, W.: "Okay. So, this is, ultimately, a campaign promise that you made."

"I made it because it was important to the people of my district. They asked for it." Davis, W.: "But it was a campaign promise."

"Yes. And…" Davis, W.: "Correct?"

"Absolutely." Davis, W.: "Okay. So, do your… do your constituents feel that Members of the General Assembly aren't deserving of what they get paid to be down here?"

"Yes." 09700036.doc 40  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Davis, W.: "They feel that way?"

"Yes." Davis, W.: "Really?"

"Yes. They are very angry right now. They really feel that we do not get what they are going through, that they have all taken pay cuts, they've lost their jobs, and we are not taking pay cuts. We have done nothing to demonstrate that… that we are in this situation with them." Davis, W.: "So, they want us to feel their pain…"

"Yes." Davis, W.: "…for a lack of better way of putting it."

"Yep." Davis, W.: "I see. So, on their jobs, you say they've taken pay cuts."

"Yes." Davis, W.: "Okay. Because the economy has taken a downturn and they feel necessary in their, wherever they work, that they have to take pay cuts, right?"

"Yes." Davis, W.: "You and I have talked about this a little bit, and I'm a little disturbed by it. And… and I guess what disturbs me about it is that… and everybody in this chamber is a Representative the way they want to be a Representative, but I'm a full-time Representative. When I'm not here, I spend time in my office. My constituents call, I answer the phone. When they want to see me or meet with me, I schedule the meeting. So, for me to be able to support something like this, is a little difficult for me because of the way that I take to this job." 09700036.doc 41  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Yes." Davis, W.: "Now, it's unfortunate that your residents are… are angered and have put you in a position that you needed to introduce and advance a Bill like this. And I can understand why many, particularly, many freshmen have signed on to it because, you know, it's kind of the nature of what's going on right now. But I feel very strongly that I can justify what I do for my constituents, and my community, and… and am a little… you know, obviously, you do what you feel you need to do, and we all do that down here. But I feel that I could justify what I do, and the work that I do in my community."

"Representative, we'll give you another minute." Davis, W.: "Well, I will, Representative. Thank you. I'd be more than happy to, you know, have that conversation with any of… of your constituents so they could see. And… and what I would encourage them to do is invite them to walk a day in the life of your shoes…"

"Yes." Davis, M.: "… so they can see and understand, you know, what it takes, in some respects…"

"Yes." Davis, W.: "…to be a Representative. I… I think that's extremely, extremely important for them to understand and… and while I've never supported Bills like this before, and I… I know I'm not going to support this Bill, but I just think it's important, at least for me and others, to recognize that the reason why this Bill came about is because of a promise you made to your constituents. Correct 09700036.doc 42  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 me if I'm wrong, but did you come to the General Assembly feeling this way?"

"I… I did not, personally, but I don’t think, as you said, I… I don't think any of us were fully aware of what… of what goes on here. I… I don't think that my constituents fully understand the level of commitment and the work that we do. I don’t think that we get credit for the work that we do. I admit that. And that is one of the things that I really do want to change, and I want to make clear to my constituency, and… and I… and I say it every chance that I get. I try to make it clear to them how passionate we are, how much we care, how much time we devote to this service. And… and, again, I think a lot of it stems from the media. That's all the information that they have about us and the media, you know, has painted us in a very bleak picture." Davis, W.: "But…"

"And I think that's something that we need to work with." Davis, W.: "But… but therein lies…"

"And… and again, I think it is important that we demonstrate that we are right there in this situation with them." Davis, W.: "But therein lies your challenge, as a Representative, to be able to show to your constituents that you are worth the work that you do here. I've never had any of my constituents ask me to bring about a Bill such as this. I never have…" 09700036.doc 43  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Representative, I gave you an extra minute after you two minutes, so…" Davis, W.: "I'll… I'll wrap up. And I would encourage and caution freshmen Representatives from being careful of introducing Bills like this because it may pass this chamber and maybe that's what they want. Whether or not it's going to pass the other chamber, I don't know. Whether or not the Governor would sign it, who knows. But I wouldn't want failure for this issue not to become law to be a reflection of you as a Representative and I think that's part of where a Bill like this could lead for someone like this. So, I would just caution freshmen to be careful about Bills like this. If you're new to the job, understand the job first so you have the opportunity to dialogue with your constituents about what it takes to be a Representative, and maybe you can help them to better understand that before you get pushed into a corner, and we have to vote on Bills like this. So, thank you very much, Representative."

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

"The Sponsor yields." Davis, M.: "Representative, I… I don't want to be personal, but can I ask what you did Saturday, and Sunday, and Monday?"

"Absolutely. Actually, I can tell you that I was out knocking on doors Saturday and Sunday. I was…" Davis, M.: "So, you were campaigning."

"Yes." 09700036.doc 44  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Davis, M.: "You were campaigning. Okay. Well, Saturday… we left here Friday. On Saturday I was in my office at 10 a.m. where I remained until 4 p.m. meeting with constituents. I think the Equal Justice Society came and talked with me, and I met with constituents and people that had problems that I could help without having to make a business phone call because it was a Saturday. On Sunday, I went to church, visited a few relatives. On Monday, I headed back south to Urbana. We met in Champaign at University of Illinois. The meeting started at 2, it was over at 6. I got to the condo, which I pay for, I guess about, oh, 8:30 or 9:00. Not me, but some others had to be here at 8 a.m. for Elementary & Secondary-Appropriations Committee, and they will be here, perhaps, until 8:00 tonight."

"Yep." Davis, M.: "I will volunteer for a hospital. I will volunteer to read to the blind or the sick. I will volunteer to take care of babies, but I'll damned if I'll volunteer to work down here as a Legislator. For that, I expect to be paid, and I do think I'm worthy of getting paid. I think the service that I provide… already since I've been here, my district office has called to tell me that someone is having trouble with a mortgage refinance and, you know, is that my job? I don't know, but we're going to help him. And then we have some ministers who want us to attend events over the weekend, which will be Sunday. So, next Sunday, I may not get to go to my church. I may have to go to some other events. Oh, and Monday morning at 6 a.m…" 09700036.doc 45  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Representative Davis, your time has expired. We'll give you another minute." Davis, M.: "Okay. Thank you, Mr. Speaker. You're very generous. On Monday, at 6 a.m., I was also on a radio show, as a State Legislator, talking about our budget and so forth, and then I left there and traveled south. So, I think you have a very good intention of, perhaps, limiting the… the dollars. We've already given up furlough days. I mean, we already had furlough days taken from our checks, and some of us, many of us, are not attorneys. We don't get a big, fat check for other things we do. You know, some of us, this is our income. And many of us may retire soon. We don't want to retire with a limited income, you know what I'm saying, based on the pension that we pay. So, with all due respect to you, I think we can find much better legislation to help you get reelected. Thank you."

"Representative Mussman to close."

"I… I understand, everyone, that this is a very, very difficult Bill to take, and I do not, in any way, want to belittle the work that we do here. I fully understand and am learning to appreciate the deep commitment and the long, long hours that we all put into this job, but I still stand by saying, I think this is an important thing that we need to demonstrate to our community members that we really are in this dire situation with them, that we do feel the urgency, and we are working to solve this issue. I would appreciate an 'aye' vote."

"The question is, 'Should House Bill 2891 pass?' All those in favor signify by voting 'yes'; those opposed 09700036.doc 46  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Acevedo, Arroyo, Berrios, Burke, Feigenholtz, Mendoza, Yarbrough. Mr. Clerk, take the record. On this Bill, there are 85 Members voting 'yes', 14 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what's the status of House Bill 309… 3040. 3040, Mr. Clerk."

"Move that Bill back to the Order of Second Reading on the request of the Sponsor. Representative JoAnn Osmond, you have House Bill… on page 24 of the Calendar, House Bill 1287. Read the Bill, Mr. Clerk. Mr. Clerk, what's the status on that Bill?"

"Mr. Clerk, did you say something in reference to… is there an Amendment pending?"

"Representative Osmond. Mr. Clerk, move that Bill back to the Order of Second Reading. Representative Osmond on the Amendment. Pardon me, Mr. Clerk, what's the status of the Bill?"

"Representative Osmond on Floor Amendment #2."

"Representative, excuse me. You wish passage of… of the Amendment, the Floor Amendment. I didn't hear you."

"You've heard the Lady's explanation of the Amendment. Are there any questions? All those in favor of the adoption of Floor Amendment #2 signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Reboletti, you have, on page 27 of the Calendar, House Bill 2051. 2051, Dennis. Out of the record. Representative Danny Reitz, on page 25 of the Calendar, you have House Bill 1494. Read the Bill, Mr. Clerk."

"Representative Danny Reitz."

"Thank you, Mr. Speaker. This… this Bill deals with anti-dry agents and other treatments for the eye. It's an agreed Bill. We worked with the ophthalmologists, the optometrists, and I know of no opposition. And allows them 09700036.doc 48  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 to just prescribe different types of drugs. Sets up a… a format so they can hear those a little more quickly than they are right now. And I'd be happy to answer any questions."

"You've heard the Gentleman's explanation. The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"State your inquiry."

"Mr. Clerk."

"Okay. Representative, for a question…"

"The Sponsor yields."

"Yes."

"That's correct."

"The question is, 'Should House Bill 1494 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? 09700036.doc 49  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Representative Kelly Burke, David Leitch, Bill Mitchell. Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Carol Sente, on page 27 of the Calendar, you have House Bill 2100. Representative Sente on the floor. Read the Bill, Mr. Clerk."

"As soon as she runs back to her desk, the Chair will recog… recognize Representative Sente."

"Thank you, Speaker. House Bill 2100 expands the offense of criminal street gang recruitment of a minor. All this Bill does is add park district property to locations that are privative for street gang repro… recruitment, and it constitutes a Class I felony. I'm happy to take questions."

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

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. How does one define the recruitment? Does this Bill not already exist? Don't we have laws already on the books to govern what can and cannot happen on park district property?"

"No, we do not. As a member of a park board and so, this is an issue that does happen, and it happens on park district property. So, we want to specifically outline this." 09700036.doc 50  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"So, how do you define minors being recruited as a gang? Who… how is that defined? You know, you have students playing or talking. Who makes…"

"It is specifically defined that the person commits the offense when they threaten the use of physical force to coerce, solicit, recruit or induce another person to join or remain in a street gang."

"And we have nothing on the books already in regards to recruitment of minors for street gangs? Not specifically for the park, because if it's a State Law, it is a State Law. So, are you enhancing the penalty because it's on park district property?"

"The penalty is not being enhanced. The location is specifically being identified."

"So, again, we do have similar laws already on the book in regards to the recruitment of a minor."

"Correct."

"And so, what… why is it that you think that this is necessary to specifically talk about park districts?"

"Because in park districts, on properties where recreation takes place, frequently, minors are there. This is an area where gangs are targeting. And so, we wanted to keep our parks safe for minors to recreate and not feel intimidated by the recruitment of gangs."

"I understand that, but my question to you is, the law that's already on the books, why is it that that would not be applicable?"

"It is generally applicable. This is strengthening that law to specifically include park district property." 09700036.doc 51  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"But why is it that the law that's on the book excludes…"

"Representative Flowers, your two minutes expired. We'll give you another minute."

"Why does… why does present law exclude park district?"

"I didn't run that law, but current law just focuses on school district property."

"But… Thank you, Mr. Speaker."

"The Chair recognizes the Gentleman from Randolph, Representative Danny Reitz."

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

"The Sponsor yields."

"Listening to the last… the debate. So, there's a lot of opportunities I think some new coal mines that will open in southern Illinois. Will this affect the recruitment of miners at all in my area?"

"I'm sorry. Where… what was the question? Can you repeat that?"

"There… we have a lot of coal mines that are coming in down south. Will this affect the re… the recruitment of miners in my area or…"

"No."

"Oh. Okay. Thank you."

"The Chair recognizes the Gentleman from Cook, Representative LaShawn Ford."

"Thank you, Mr. Speaker, and Members of the House. Would the Sponsor yield?"

"The Sponsor yields." 09700036.doc 52  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Representative, I have one question. At what age does this law… would this law affect? A minor against a minor, or what age?"

"Yes. It's for recruitment of minors. They have to be under 18."

"If a minor recruits another minor, would they be charged with a felony account?"

"Yes. It would, but they would be prosecuted in a different way. They'd be prose… prosecuted as a juvenile."

"Okay. Thank you."

"Representative Sente to close."

"I think this is a necessary Bill, and I urge an 'aye' vote."

"The question is, 'Should House Bill 2100 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 Deluca, Feigenholtz, Ford, Golar, Nekritz. Mr. Clerk, take the record. On this Bill, there are 97 Members voting 'yes', 3 Members voting 'no', 2 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative David Reis, you have, on page 27 of the Calendar, House Bill 2054. Do you wish to call that Bill, Representative? 2054. Read the Bill, Mr. Clerk."

"Representative Reitz(sic-Reis)." 09700036.doc 53  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Gen… You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 2054 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 Kay, would you like to be recorded. Mr. Clerk, take the record. On this 09700036.doc 54  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Bill, there's 101 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Andre Thapedi, on page 23 of the Calendar, you have House Bill 171. Representative Thapedi. Andre, 171. Out of the record. Representative Pat Verschoore, on page 26 of the Calendar, you have House Bill 1865. Read the Bill, Mr. Clerk."

"The Gentleman from Rock Island, Representative Pat Verschoore."

"Thank you, Mr. Chairman, Ladies and Gentlemen of the House. House Bill 1865 simply allows, but not require, MidAmerican Energy to arrange for procurement of power to meet the electric needs of its Illinois customers through the Illinois Power Author… Agency. This legislation also requires that before a change in generation procurement for MidAmerican's customers could occur. Mid… MidAmerican would need to request the Illinois Power Agency to prepare a procurement plan, and the Ill… and the ICC, Illinois Commerce Commission, would need to approve that plan. Some of you might know that Mid-American, the utility that serves most of my 72nd District and most of Representative Morthland's 71st District, and MidAmerican has not increased its base rate to its approximately 100 thousand Illinois residents… customers for the past 18 years. By approving House Bill 1865, you'll provide MidAmerican added flexibility to explore economical ways to meet the 09700036.doc 55  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 electricity needs of its Illinois customers for years to come. MidAmerican also takes into consideration, both potential closers of some existing generation facilities, an increasing demand for electricity to fuel Illinois's economy. New federal and state environmental rules set to take effect over the next five years would force MidAmerican and many other… many other coal burning electric utilities to alter their way the facilities now operate and may force shutdown of aging facilities rather than adding the added expense of the environmental equipment. MidAmerican representatives have reviewed the plan with the ICC staff, the director of the Illinois Power… Power Agency, CUB, AARP, and the Attorney General's Office. And I'm not aware of any opposition to this Bill. And I would ask that… for an 'aye' vote."

"You've heard the Gentleman's explanation of the Bill. Is there any discussion? The Chair recognizes the Gentleman… Representative Morthland."

"The Sponsor yields."

"That sounds like a good closing. The question is, 'Should House Bill 1865 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 Biss, Feigenholtz, Golar, Nekritz, would you like to be recorded? Esther Golar. Mr. Clerk, take the record. On this Bill, 09700036.doc 56  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 there's 110… 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Karen Yarbrough, on page 26 of the Calendar, you have House Bill 1731. Out of the record. Representative Skip Saviano, on page 24 of the Calendar, you have House Bill 1486. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Saviano."

"You've heard the Gentleman's explanations. Are there any questions? Seeing none, the question is, 'Should House Bill 1486 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 Monique Davis, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 99 Members voting 'yes', 2 Members voting 'no', 1 Member voting 'present'. This Bill, having 09700036.doc 57  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 received the Constitutional Majority, is hereby declared passed. Representative Rosenthal, you have, on the Order of Third Reading, on page 30… Out of the record. Ladies and Gentlemen, I'm going to go back to the Order of Second Readings. On some of the list that I have here, there may be some Amendments pending. So, we'll go through the Order of Second Readings for the next few moments. Representative Coladipietro on House Bill 1960. What's the status of that Bill, Mr. Clerk?"

"Out of the record. Don't sit down, Representative. You also House Bill 2017. Out of the record. Representative Dan Burke, on the Order of Second Readings, you have House Bill 1962 on Second Reading. Read the Bill, Mr. Clerk."

"Third Reading, Representative Burke. Representative Burke, Third Reading. Out of the record. Keep that Bill on the Order of Second Reading. Representative Chapa LaVia, you have House Bill 1216 on the Order of Second Reading. Read the Bill, Mr. Clerk." 09700036.doc 58  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Representative Chapa LaVia on Floor Amendment #2."

"Hi, Speaker and Members of the committee. I ask for the adoption of Amendment #2, which I can't find at this second. It adds the Lieutenant Governor as the chairperson of the commission, and… and it limits ISBE to having one member. It also adds a parent organization, it adds a representative from organization representing high school district, provides that a commission will hold hearings statewide, provides that the commission will meet at the call of the chairperson, and it also provides that the reports must have 11 members voting in the affirmative to send the report on to this General Assembly. And I ask for its adoption."

"You've heard the Lady's explanation on the Floor Amendment #2. No one seeking further discussion, all those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is adopted. Mr. Clerk, anything further?"

"Representative Chapa LaVia on Floor Amendment #3."

"Thank you, Mr. Speaker, and Members of the House. Thanks for your indulgence. Floor Amendment #3 removes one representative from an organization representing large unit districts appointed by the head of that organization; it adds a representative from the rural school district appointed by the Governor; and it adds a representative from the suburban school district appointed by the Governor. And I ask for its adoption, as well. Thank you."

"You've heard the Lady's explanation on Floor Amendment #3. And Representative David Reis, you have a question of the Sponsor."

"The Sponsor yields."

"Well, that's a great question, but as you know, the Governor of the fine State of Illinois has stated that the Lieutenant Governor will be the… the educational Lieutenant Governor, and it keeps it in a location also if there is an issue with resources, as far as staffing the commission, that she has stated that she would be more than willing to supply resources, individuals, to make sure that these committee hearings happen with the proper resources that we need." 09700036.doc 60  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Right."

"I understand you're concerned, Representative, and your… the word I think you're looking for is independent."

"And what we added there is that the Committee of the Whole has to come to an agreement. You know, out of 11 of the commission have to come up with the affirmative on a decision, not a suggestion, to give to us. So, it's not going to be manhandled, if you will, by the chairperson of this commission. It is going to be a equal, just, fair process. And Representative Eddy has worked with me on the components of this and this is what we've come to. We've changed it quite a bit. We've accommodated who we can, and we're trying to take it so there's more… every stakeholder, I feel at this point, is at the table. So, the… the chairperson is just one of all… a great deal of people at 09700036.doc 61  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 the table making decisions. She doesn't have the ultimate say. She only has one vote."

"Hold on one second. Let me review it. I've got to get back to you 'cause we've changed it so many times now, I don’t have the exact number. I'm going to have to get back to you on that number, Representative."

"I want to say it was just a handful of the last ones we changed. All the rest are… are by the… we have one member from the… State Board of Education, one person… representative appointed by the Speaker of the House, one by the Minority Leader of the House, one by the President of the Senate, one by Minority Leader of the Senate, one representative… So, these more than likely be selected by the commission."

"Cor… correct. But these are independent…"

"…institutes. I mean, it's not like just because he appoints them they're going to vote the way that he would wish. That's not our intent. This is an intent to be a fair process across the board so everybody has input."

"Thank you, Representative."

"Representative, do you want a Roll Call on the Amendment? No. Okay. Thank you, Sir, for clarifying that. Representative Sacia on Amendment #3."

"Just on Amendment #3. You don't seek recognition? All those in favor of the adoption of Floor Amendment #3 signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #3 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Golar, on the Order of Second Readings, you have House Bill 1684. Is Representative Golar on the floor? Read the Bill, Mr. Clerk."

"Representative Golar, Floor Amendment #1. Representative Lang, it's your Amendment. Do you wish to explain the… the Amendment, Representative Lang? To… to the Amendment, Representative Lang."

"Thank you, Mr. Speaker. This is an agreed Amendment between the hospitals and the nurses about the safe handling of patients."

"Is there any discussion? Seeing none, all those if favor of the adoption of Floor Amendment #1 09700036.doc 63  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Greg Harris, on the Order of Second Readings, you have House Bill 1191. Read the Bill, Mr. Clerk."

"You've heard the Gentleman's explanation on the Amendment. Is there any discussion? Seeing none, the question is… those in… I'm sorry, Representative Harris. Excuse me." Harris, G.: "Sorry. I didn't do it yet. But, thank you, Mr. Speaker. Amendment #5 is… replaces the Bill, becomes the Bill, and it represents an agreement between the insurers, the advocates, and the pharmaceutical industry. I know of no opposition at this time."

"Thank you, Representative Harris. Just trying to put you on the fast track there. My apologies. Any questions on Floor Amendment #5? Seeing none, all those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Anything further, Mr. Clerk?" 09700036.doc 64  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Third Reading. Representative Susana Mendoza, on the Order of Second Reading, you have House Bill 3238. Read the Bill, Mr. Clerk."

"Representative Mendoza on Floor Amendment #2."

"Thank you, Mr. Speaker. Floor Amendment #2 is a technical Amendment for the most part. It just changes a couple of words that were omitted in the original text of the… of the Bill 'days' being one of them, and also provides for some changes just in a process for the Illinois State Police. There's no opposition to the Amendment. They were primarily procedural and technical in nature. I would ask for your support."

"You've heard the Lady's explanation. Are there any questions? Seeing none, the question is, 'Should Floor Amendment #2 be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Moffitt, you have, on page 13 of the Calendar, House Bill 2313. Read the Bill, Mr. Clerk."

"Representative Don Moffitt on Floor Amendment #1."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 09700036.doc 66  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Osmond, on the Order of Second Reading, you have House Bill 2056. Out of the record. Representative Jil Tracy, on page 9 of the Calendar, on the Order of Second Reading, you have House Bill 1549. Jil Tracy, 1549, Second Reading. Do you wish to move that Bill to Third Reading? Read the Bill, Mr. Clerk."

"Representative Tracy on Floor Amendment #2."

"You've heard the Lady's explanation. Any questions? Seeing none, the question is, 'Should Floor Amendment #2 be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Crespo, on the Order of Second Reading, you have House Bill 2084. Out of the record. Going back to Third Readings, Ladies and 09700036.doc 67  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Gentlemen. Be prepared if you have something on the list; here it will be called momentarily. Representative Phelps, you have, on the Order of Third Reading, House Bill 2875. Out of the record. Representative Reboletti, you have House Bill 263. Dennis, you want that Bill called, House Bill 263? Read the Bill, Mr. Clerk."

"The Gentleman from DuPage, Representative Reboletti."

"One moment?"

"Not two."

"Okay. One moment."

"Representative Dan Beiser, on the Order of Third Readings, you have House Bill 1326. Read the Bill, Mr. Clerk."

"Representative Beiser."

"Thank you, Mr. Speaker. House Bill 1326, as amended, takes away the opposition. And basically, what we're trying to do with this Bill… this Bill will do is to recycle asphalt shingles; therefore, reducing the amount of shingles that go into our landfill every year, which is 09700036.doc 68  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 estimated to be 350 thousand tons per year into Illinois landfills. In addition, each ton of recycled shingles would replace approximately two barrels of oil. And by using this mix in our hot mix asphalt, it would allow the… it would lower cost of hot mix, thus, allowing transportation dollars to be stretched further. And it also, by using this reclaimed asphalt content and shingles, it saves up to five dollars a ton on the mixed production. I'd be happy to answer any questions, but I would ask for an 'aye' vote."

"You've heard the Gentleman's explanation. Are there any discussion? The Chair recognizes the Gentleman from Champaign, Representative Rose."

"The Sponsor will yield."

"You've got me on that one. I don't… we don't have that on our analysis."

"Oh."

"Got… got it."

"The Chair recognizes the Lady from Cook, Representative Sara Feigenholtz." 09700036.doc 69  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Thank you, Mr. Speaker. I would like the record to reflect that had I been on the floor, I would have voted 'yes' on House Bill 2891."

"Representative, the Journal will reflect… reflect your request. Representative Beiser to close."

"I simply ask for an 'aye' vote."

"The question is, 'Should House Bill 1326 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 Leitch, Representative Osterman. Mr. Clerk, take the record. On this Bill, there's 90 Members voting 'yes', 11 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Chapa LaVia, you have House Bill 1966. Linda Chapa LaVia, House Bill 1966, on page 26 of the Calendar. Read the Bill, Mr. Clerk."

"Representative, my apologies. They called the wrong Bill out. Representative Chapa LaVia, you have House Bill 2870. Do you wish to call… take that Bill out of the record, Mr. Clerk, 1966. House Bill 2870, Representative Chapa LaVia. Clerk… Mr. Clerk on House Bill 2870."

"Mr. Clerk, for the purpose of an Amendment, put that Bill back on the Order of Second Reading."

"Representative Chapa LaVia, do you wish to do a Floor Amendment #2? On the Amendment."

"Sure. Thank you… No, I don't. Thank you, Speaker, and Members of the House. All this… a minor change, the parochial schools want to make sure that they were left out of this… this piece of legislation because they don't have the computerized system to deal with this. But it was brought to me by a veterans group and we're trying to get calculations of the students in the State of Illinois that have a mother or father that's in the service, so they can collect data and help those children with different services. I'll take any questions."

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

"Third Reading. Representative Colvin, on page 29 of the Calendar, on the Order of Third Reading, you have 09700036.doc 71  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 House Bill 3406. Marlow Colvin, House Bill 3406. Read the Bill, Mr. Clerk."

"Representative Colvin."

"Thank you, Mr. Speaker. I have for the House to consider House Bill 3406, which is an initiative of a constituent from a local, regional AARP meeting that I attended back in August of 2010. It simply deals with amending the Consumer Fraud Act with respect to rebates. The Act essentially states that any rebate that is offered on any consumer good would state in clear and… clear and plain language what type of rebate it is. It stemmed from a coupon that was circulated on the south side… the south suburbs of Cook… the south side of Chicago and the south suburbs of Cook County where many of the attendees at this meeting in August received this coupon for a particular $30 discount from a local Home Depot store. Upon purchasing the item that would give them the $30 coupon, they found that it was $30 off a… an additional purchase of another item. Excuse me, I'm sorry. They thought the rebate was a $30 cash refund, but in fact, it was nothing more than a coupon for a very expensive item that would offer $30 off. I saw the coupon and the way it was worded clearly. I won't say it was dis… the retail store's intention to defraud anyone. I seriously doubt that they were trying to defraud anyone, but it was also clear that the language on the coupon could be worded in a way that it was clear that an additional purchase, and $30 off of that purchase, would 09700036.doc 72  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 be. So, we drafted this Bill in… in a very clear and in not a very difficult way that anybody would find a serious objection to it. Any applicable penalties that apply to the Consumer Fraud Act, with regard to this type of penalty, will be applied. There are no additional penalties. I'll be happy to answer any questions."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 3406 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 Brady, Norine Hammond. Mr. Clerk, take the record. On this Bill, there are 98 Members voting 'yes', 4 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Patti Bellock, on the Order Third Readings, on page 25 of the Calendar, you have House Bill 1658. Read the Bill, Mr. Clerk."

"Representative Patti Bellock."

"You've heard the Lady's explanation. Are there any questions? Seeing none, the question is, 'Should House Bill 1658 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? Mary Flowers. Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Fred Crespo, you have, on the Order of Third Readings, House Bill 1316. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Fred Crespo."

"Thank you, Speaker. House Bill 1316 was brought to me by the Illinois State Police and the Illinois Emergency Management Agency. It creates the Illinois State Police Federal Project Trust Fund for the State Police and the Homeland Security Emergency Preparedness Fund for IEMA in response to audit findings. All federal funds received and interest accrued by these bodies are to be deposited to these funds in compliance with the Homeland Security transactions."

"You've heard the Gentleman's explanation. Are there any questions? Seeing none, the question is, 'Should House Bill 1316 pass?' All those in favor signify by 09700036.doc 74  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 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? Will Davis. Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Barbara Flynn Currie, on page 28 of the Calendar, you have House Bill 2955. Out of the record. Representative Feigenholtz, on page 22 of the Calendar, you have House Bill 3134. Read the Bill, Mr. Clerk."

"Representative Sara Feigenholtz."

"Thank you, Mr. Speaker. House Bill 3134 requires that the Department of Public Health use the uniform DNR advance directive, do not resuscitate form, to meet minimum requirements which are nationally considered physician orders for life sustaining treatment. It's called POLST. This is a work a group of physicians put together so that we can meet national standards. I'd be glad to answer any questions."

"You've heard the Lady's explanation, is there any discussion? Seeing none, the question is, 'Should House Bill 3134 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… Representative Will Davis. Representative Watson. Mr. Clerk, take the record. On this Bill, there's 101 Members voting 'yes', 0 voting 'no', 09700036.doc 75  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lisa Dugan, on the Order of Third Readings, you have House Bill 464. Read the Bill, Mr. Clerk."

"The Lady from Kankakee, Representative Dugan."

"Yes. Thank you, Speaker, and Members of the House. House Bill 464 addresses an issue as far as veterans' homes. What ends up happening, and we were… we found out, because of the state statute that talks about disposal of state property, it seems to be a little bit of an issue with when people donates things to our veterans and veterans' homes. When that… those materials are no longer needed, they actually… the veterans' organizations around the state hold like a garage sale, sell those items, and then give the money back to the veterans' homes for the veterans to use. And it seems as though there was some question as to whether or not that could be done since it was donated to state veterans' homes. So, this just addresses that issue and allows the transfer of any property under the value of $100, so it… that practice has been going on for years… can continue. I'll certainly answer any questions and would like an 'aye' vote."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill… House Bill 464 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 09700036.doc 76  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 who wish? Have all voted who wish? Marlow Colvin, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Chapa LaVia, for what purpose do you seek recognition?"

"Yes, Speaker, and I'm just quoting my colleague here, just saying, do we have an Agreed Bill List that we can go through with our colleagues? We'd get so much work done, quicker, so we can get to all those Appropriation Bills. What do you think, guys? Yeah."

"Representative, thank you for the recommendation. We'll take it under consideration. Thank you. Representative Cavaletto, we have under the Order of Third Readings, on page 27 of the Calendar, House Bill 2500. Read the Bill, Mr. Clerk."

"The Gentleman… Representative John Cavaletto."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of passage of House Bill 2500 signify by voting 'yes'; those opposed say 'no'… vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Golar, Ramey. Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Connie Howard, on the Order of Third Readings, on page 23 of the Calendar, you have House Bill 298. Connie, House Bill 298. Read the Bill, Mr. Clerk."

"The Lady from Cook, Representative Connie Howard."

"Thank you very much, Mr. Speaker. Just a second, please. House Bill 298 would amend the Criminal Identification Act to allow a court to seal the record of an arrest or a record of chan… charge not initiated by an arrest. And that would be for a felony, if the end result of the criminal case is an acquittal, dismissal, or an overturned conviction. It would… it would amend this record sealing law to give the courts the discretion to seal felony arrest that result in either dismissal, acquittal, or a charge, or reversal of… or vacation of the conviction. I will take questions."

"You've heard the Lady's explanation of House Bill 298. Is there any discussion? The Chair recognizes 09700036.doc 78  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 the Gentleman from DuPage, Representative Dennis Reboletti."

"Representative Howard, I don’t think you can close any better than that, but go for it. To close."

"I certainly am appreciative of the assistance that I've gotten from many, including those advocates and my colleague, Representative Reboletti. I need everyone here to be supportive, as well, and to give me a green vote. Thank you."

"The question is, 'Should House Bill 298 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Brauer, Senger. Mr. Clerk, take the record. On this Bill, there 09700036.doc 80  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 are 68 Members voting 'yes', 34 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Reboletti, I believe we'll go back to the Bill you asked us to take out of the record. House Bill 263, Representative. Read the Bill, Mr. Clerk."

"The Gentleman from DuPage, Representative Reboletti."

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

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

"The Sponsor yields." Davis, M.: "Mr. Reboletti, I do understand what your reasoning is, but I need to ask a few questions. So, I hope you'll bear with me. What will this registry cost?"

"Representative Reboletti, to close."

"You've heard the discussion. The question is, 'Should House Bill 263 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 97 Members voting 'yes', 1 Member voting 'no', 4 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 25 of the Calendar, Leader Cross has House Bill 1700. I believe Representative Sid Mathias is going to be presenting the Bill. I’ll take that… I'll take that Bill out of the record momentarily. Representative Mary Flowers, you have House Bill 286. Representative Flowers. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 286 create the administrative (sic- Administration of) Psychotropic Medication for Childrens Act, which would require DCFS to amend its current administrative rules, with the inclusion of specific provisions, as well as compliance measure for those that they are administering the drug to. And I'll be more than happy to answer any questions you may have in regards to House Bill 286."

"The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy." 09700036.doc 89  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"The Sponsor yields."

"Yes, Sir."

"There was a $5 thousand fine, initially, in the Bill, and I removed that."

"I'm not aware of any opposition."

"I'm not aware of any opposition."

"The Chair recognizes the Gentleman from Morgan, Representative Watson. Does not seek recognition. Representative Chapin Rose." 09700036.doc 90  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"You seek recognition, Sir?"

"Mary Flowers to close."

"I would appreciate an 'aye' vote."

"The question is, 'Should House Bill 286 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 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mathias, you ready to do Leader Cross's Bill, House Bill 1700? Mr. Clerk, read the Bill."

"The Gentleman from Lake, Representative Sid Mathias."

"You’ve heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 1700 pass?' All those in favor signify 09700036.doc 91  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 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? Dan Brady. Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Sara Feigenholtz, you have on page 29 of the Calendar, under the Order of Third Readings, House Bill 3207. Representative Feigenholtz. Out of the record. Representative Kay Hatcher, on page 25 of the Calendar, under the Order of Third Reading, you have House Bill 1645. Read the Bill, Mr. Clerk."

"The Lady from Kane, Representative Hatcher."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 1645 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? Phelps and Reitz. Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative… 09700036.doc 92  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Representative Karen Yarbrough, on the Order of Third Reading, on page 27 of the Calendar, you have House Bill 2873. Out of the record. Representative Sid Mathias, on the Order of Third Readings, you have House Bill 3281. Read the Bill, Mr. Clerk."

"The Gentleman from Lake, Representative Sid Mathias."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 3281 pass?' All those in favor signify by voting 'yes'; those opposed say… vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Will Davis, Bob Pritchard, Dave Winters. Mr. Clerk, take the record. On this Bill, 09700036.doc 93  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 there's 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Don Moffitt, on the order of Third Reading, on page 29 of the Calendar, you have House Bill 3255. Out of the record. Representative Bill Mitchell, you have, on the Order of Third Reading, on page 25 of the Calendar, House Bill 1491. Read the Bill, Mr. Clerk."

"Representative Mitchell." Mitchell, B.: "Thank you, Mr. Speaker. House Bill 1491. It… we have a situation, it would… it would provide… clarifies the state statute explicitly authorizing counties to issue a liquor license to businesses on property owned or controlled by the county. We have in DeWitt County, Illinois, they own the marina, they're leasing out to a restaurant. And there's an omission in present State Law, whereas right now, if it was in the city or a township, the township or city board could authorize the sale of alcohol, but because this is a county owned property, there is that kind of exclusion. This just makes it in line with present law."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 1491 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? Bellock, Coladipietro, Currie, 09700036.doc 94  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Osterman, Ramey, Smith, Sandy Cole. Mr. Clerk, take the record. On this Bill, there are 69 Members voting 'yes', 33 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Burke, on the order of Third Readings, on page 26, you have House Bill 1966, Dan. Do you wish to call that Bill? 1966. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Dan Burke."

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. This very simply would create the Illinois Midwest High Speed Rail Commission. Very basic there. And very happy to answer any questions."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 1966 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 Bellock, Hatcher, Hays, Ramey. Randy Ramey. Mr. Clerk, take the record. On this Bill, there are 74 Members voting 'yes', 28 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Sid Mathias, for what purpose do you seek recognition, Sir?"

"The Journal will reflect your intention."

"Representative Dan Reitz, under the Order of Third Readings, you… on page 25 of the Calendar, you have House Bill 1494. Read the Bill, Mr. Clerk. Mr. Clerk, take that Bill out of the record. Representative Pritchard, on the order of Third Readings, on page 29 of the Calendar, you have House Bill 3220. Read the Bill, Mr. Clerk."

"The Gentleman from DeKalb, Representative Bob Pritchard."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 3220 pass?' All those in favor signify by saying… by voting 'yes'; those opposed vote 'no'. The 09700036.doc 96  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Jerry Mitchell. Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Lou Lang in the Chair."

"House Bill 8, Representative Ramey. Please read the Bill. Out of the record. House Bill 1503, Representative Rose. Please read the Bill."

"Mr. Rose."

"The Gentleman moves for the passage of the Bill. On that question, the Chair recognizes Representative Flowers."

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I look forward to working with the Gentleman in regards to making Illinois a first class state in regards to education and closing the gap. A report was put out recently in regard… calling Illinois the two Illinois, one 09700036.doc 98  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 for the haves and one for the have-nots. This will be a step in the right direction in closing the gap. And I urge an 'aye' vote."

"Mr. Franks."

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

"The Sponsor yields."

"Representative, I was reading the analysis, and this indicates that you're dealing with the Illinois Board of Higher Education regarding performance-based funding, correct?"

"Would that funding… is that, what you're referring to, is what we do here in the General Assembly?"

"And I'm wondering, would this dovetail with what we passed in January, our budgeting for outcomes legislation. Would this require the IBHE to come up with the outcomes that they'd like, and then we can see how that coalesces with what the General Assembly wants? I'm… I'm wondering 09700036.doc 99  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 if this is a… if this should be, really, a complement to the budgeting for outcomes legislation that we passed?"

"BFO."

"I compliment you on this Bill because too… for too long we've been reactive when it comes to our ideas and how we're going to do the budget, and this is going to require planning and having real goals and outcomes. So, thank you for bringing this forward and…"

"…I encourage an 'aye' vote."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Dugan. 09700036.doc 100  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Please take the record. On this question, there are 102 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1379, Leader Lyons. Please read the Bill."

"Leader Lyons."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1379 amends the sunset provision of the Registered Title, the Torrens Act from a date 20 years from now until January 20… January 1, 2014. Basically, the Torrens Indemnity Fund was established to have money available to anybody that might have a claim against the recorder of deeds on behalf of this issue. In the last 10 years, there's only been two claims, and what this does is it frees up $78 million for the City of Chicago and Cook County for the purpose of some lead paint protection fund. So, it's a… it's a Bill that came out of committee unanimous. There's no known opposition. There's agreement on the county on this. And I appreciate your 'aye' vote."

"The Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Davis. Will Davis. Please take the record. On this question, there are 102 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Members, we're going to be running some Bills on Second Reading now. Please, be ready. If 09700036.doc 101  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 you're… if you have a Bill on Second Reading, on the list in front of me. First Bill is House Bill 1391, Mr. Bradley. Mr. Bradley. Please read the Bill."

"Mr. Bradley."

"I believe this is a technical Amendment definition. I would ask for an 'aye' vote."

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

"Third Reading. House Bill 3019, Mr. Bost. Out of the record. House Bill 3241, Mr. Brown. Please read the Bill."

"Mr. Brown."

"Those in favor of the Amendment…"

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

"Third Reading. House Bill 1309, Mr. DeLuca. Out of the record. House Bill 1260, Mr. Farnham. Please read the Bill."

"Mr. Farnham."

"Yes. Thank you, Mr. Speaker, and Members. Floor Amendment #1 clarifies that no utility may disconnect service between winter months of December 1… 31 to any residential customer for nonpayment of their utility bill, who has notified the utility that they are a service member or veteran."

"The 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. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 3620, Representative Feigenholtz. Please read the Bill."

"Third Reading. House Bill 3458, Mr. Fortner. Please read the Bill."

"Mr. Fortner."

"The 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. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 1600, Mr. Ford. Out of the record. House Bill 1706, Representative Gabel. Please read the Bill."

"Third Reading. House Bill 1241, Representative Hernandez. Please read the Bill." 09700036.doc 104  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Third Reading. House Bill 3038, Mr. Holbrook. Please read the Bill."

"Mr. Holbrook."

"Thank you. House Amendment #1 becomes the Bill, and it sets up a 12 month, rather than a 24 month with certain conditions, to return from an ARES to your carrier. Ensured it's a consumer friendly Bill. I know of no opposition. It came out of committee unanimously."

"The 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. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 78, Representative Jakobsson. Please read the Bill."

"Representative Jakobsson on Amendment 1."

"Okay. I was thinking that Amendment 2 is what I was presenting. House Amendment #1 amends the… House Bill 78 by making… giving definitions of the criminal trespass to a safe school zone, and identifying employees, school administrators and…"

"Representative, if Amendment 2 becomes the Bill, do you wish to withdraw Amendment 1?"

"Yes. Please."

"The Lady withdraws Amendment 1. Mr. Clerk."

"Representative Jakobsson."

"Thank you. Repre… Amendment #2 is very much like Amendment #1 except that it says for a period not to exceed the term of expulsion; whereas, in Amendment #1 it said not to exceed one year."

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

"Third Reading. House Bill 2938, Representative McAsey. Please read the Bill."

"Representative McAsey."

"Thank you. This Amendment addresses a concern of the State Treasurer, to address an audit finding. It makes the Marine Corp license plate just like any of the other specialty plates by moving the audit function into the Secretary of State's Office. And I move for the adoption."

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

"Third Reading. House Bill 3591, Representative Mussman. Representative Mussman, 3591. Please read the Bill."

"Representative Mussman."

"I… I urge the adoption of this Amendment."

"Could you tell us what the Amendment does, please?"

"I was just… let me… let me grab it. Oh, this changes the language of the Bill. It includes the Chicago Transit and the Regional Transit Authority included. They… they 09700036.doc 107  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 had originally been separated out under the original proposal, and it… and it puts them back 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. House Bill 1091, Representative Nekritz. Please read the Bill."

"Mr. Clerk, excuse me. Out of the record. House Bill 1130, Representative Sente. Representative Sente. Out of the record. House Bill 414, Representative Turner. Mr. Turner, 414. Please read the Bill."

"Third Reading. House Bill 2972, Mr. Turner. Please read the Bill. Excuse me, Mr. Clerk. Out of the record. House Bill 1167, Representative Verschoore. Mr. Verschoore. Please read the Bill."

"Mr. Clerk, please take that Bill out of the record. House Bill 2903, Representative Williams. Out of the record. House Bill 2067, Representative Zalewski. Mr. 09700036.doc 108  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Zalewski. Out of the record. Mr. Clerk, on House Bill 1241, what is the status of that Bill?"

"Please place that Bill on the Order of Second Reading at the request of the Sponsor. And please tell us the status of House Bill 1476."

"Please place that Bill on the Order of Second Reading at the request of the Sponsor. On the Order of Second Reading, there appears House Bill 2917, Representative Currie. Mr. Clerk, please read the Bill."

"Majority Leader Currie."

"Thank you, Speaker, and Members of the House. This measure, the underlying Bill, would bring Illinois into compliance with prescribing of controlled substances with Federal Law, federal changes. It also would make it easier for our monitors to track people who are doctor shopping and who are accessing controlled substances that they ought not to be able to access. The Amendment is simple. First of all, there was a request by the Cook County State's Attorney for some clarifying language that means they will continue to be able to go after drug kingpins. Secondly, 09700036.doc 109  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 there was a provision in the original Bill that would have taken away certain kinds of police powers from some members of the staff of IDPFR, and the compromised language says that the people who currently hold those positions would be grandfathered in as peace officers, and that in the future, that would not be a part of the… of the title that they hold. So, I know of no opposition, and I'd appreciate your support for adoption of the technical Amendment."

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

"Third Reading. House Bill 1573, Mr. Beiser. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 3365, Representative Kelly Burke. Please read the Bill."

"Third Reading. House Bill 1461, Mr. Cunningham. Please read the Bill."

"Third Reading. House Bill 3346, Representative Dugan. Representative Dugan. Mr. Clerk, House Bill 1461 by Mr. Cunningham, that Bill was moved to the Order of Third Reading. Let's move this Bill back to the Order of Second Reading. And Mr. Clerk, please read the Bill."

"Mr. Cunningham, on 1461, do you wish to table that Bill, Sir?"

"Yeah. Yeah."

"The Gentleman wishes to table his Bill. Those in favor of the Gentleman's Motion say 'yes'; and those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Motion is adopted, and House Bill 1461 is tabled. House Bill 3346. Please read the Bill."

"Third Reading. House Bill 1958, Representative Gabel. Representative Gabel. Out of the record. House Bill 3377, Representative Howard. Out of the record. House Bill 1760, Mr. Lyons. Mr. Joe Lyons. Out of the record. House Bill 3424, Representative Nekritz. Representative Nekritz, 3424. Out of the record. House Bill 3336, Representative Nekritz. Read the Bill." 09700036.doc 111  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Third Reading. House Bill 1125, Representative Sente. Please read the Bill."

"Third Reading. House Bill 2067, Representative Zalewski. Out of the record. House Bill 19, Mr. Bost. Mr. Bost. Please read the Bill."

"Mr. Bost."

"The Gentleman has moved for the adoption of the Amendment. There being no debate, those in favor say 09700036.doc 112  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 3422, Mr. Brown. Please read the Bill."

"Waiting for a fiscal note, the Bill will be held on the Order of Second Reading. House Bill 1715, Mr. Durkin. Out of the record. House Bill 1307, Mr. Moffitt. Please read the Bill."

"Third Reading. House Bill 1914, Mr. Rosenthal. Out of the record. House Bill 2956, Mr. Saviano. Out of the record. Members, the next series of Bills we do will be Third Reading, try to be ready. First Bill on the list is House Bill 1855, Mr. Acevedo. Out of the record. House Bill 3158, Mr. Biss. Mr. Biss. Out of the record. House Bill 3360… strike that. House Bill 1906, Mr. Cunningham. Mr. Cunningham. Out of the record. House Bill 1726, Mr. Farnham. Please read the Bill."

"Out of the record, Mr. Clerk. House Bill 1209, Mr. Ford. Please read the Bill."

"Mr. Ford."

"Thank you, Mr. Speaker, and Members of the House. I move for passage of House Bill 1209. It's a simple use and occupancy Bill to help make the rental of properties fairer and equal. I move for the passage of 1209."

"The Gentleman moves for the passage of the Bill. There being no debate, 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. Lyons. Please take the record. On this question, 103 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3172, Mr. Cavaletto. Mr. Cavaletto. Please read the Bill."

"Mr. Cavaletto."

"The Gentleman moves for the passage of the Bill. There being no debate, those in favor shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Biss, Chapa LaVia, May, Soto, Williams. Please take the record. On this question, 102 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2020, Representative Hernandez. Please read the Bill."

"Representative Hernandez."

"Thank you, Speaker. House Bill 2020 amends the Elder Abuse and Neglect Act. This Bill redefines the definition of a domestic liv… living situation by identifying it as the location the individual is living in at the time of the report in order to give the Department of Aging more flex… flexibility in investigating cases of elder abuse. I ask for an 'aye' vote. Thank you."

"The Lady moves for the passage of the Bill. There being no debate, those in favor of the passage of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have 09700036.doc 115  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 all voted who wish? Please take the record. On this question, there are 103 voting 'yes', 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 3036, Mr. Holbrook. Mr. Holbrook on 3036. Please read the Bill."

"Mr. Holbrook."

"This Bill, House Bill 3036, amends the Public Utilities Act, and it declares that there'll be an annual report. This is something that they had stopped doing. It reinstitutes it. And it's a con… it will know things like status of the consumer protection for retail customers and make recommendations for improving such customer protection, through their ICC rules. I know of no opposition."

"The Gentleman moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, 103 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Beiser."

"Thank you, Mr. Chairman. I rise for announcement."

"Please state your announcement, Sir."

"I'd like to let the Body know, members of the Transportation Regulation, Roads & Bridges Committee, that that committee will be canceled this evening." 09700036.doc 116  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Mr. Beiser's committee is canceled. The Chair recognizes Mr. Phelps."

"Point of personal privilege, Mr. Speaker."

"Please state your point, Sir."

"To go along with Representative Beiser, Financial Institutions will also be canceled this afternoon."

"Members, Mr. Phelps committee has been canceled. The Chair recognizes Mr. Pritchard."

"Mr. Pritchard uses food to entice people to his meetings. Very good, Sir. House Bill 3273, Representative Bellock. Please read the Bill."

"Representative Bellock."

"The Lady moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Sosnowski. Please take the 09700036.doc 117  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 record, Mr. Clerk. On this question, there are 103 voting 'yes'; 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3158, Mr. Biss. Please read the Bill."

"Mr. Biss."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, House Bill 3158 is a follow-up on the change of the Procurement Code that was passed in the previous General Assembly. The Procurement Code, as it was changed, prohibits Constitutional Officers from receiving contributions to their political campaigns from contractors who are doing a contract or have a contract pending for $50 thousand or more with them. However, the Bill… the existing statute doesn't address the fact that gubernatorial and lieutenant gubernatorial candidates run together as a team. So, it allowed for what's essentially a loophole where the Governor may control a contract, but the contractor can still give a political contribution to the Lieutenant Governor or a candidate for Lieutenant Governor running with the gubernatorial candidate. House Bill 3158 simply closes that loophole and says that, from the point of view of these new restrictions on contributions from contractors, gubernatorial and lieutenant gubernatorial candidates running together are viewed as identical. I'm happy to take any questions." 09700036.doc 118  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"The Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Representative Dunkin."

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

"The Gentleman yields."

"Representative, this is a very interesting Bill. Where is the Lieutenant Governor's Office on this piece of legislation?"

"What's that, Sir?"

"I'm just curious to… does the Lieutenant Governor's Office support or oppose this piece of legislation?"

"To be honest, I'm not aware of their position."

"Who asked you to co… to sponsor this legislation?"

"Actually, the Gentleman in the Chair, Representative Lang was carrying this Bill and allowed me to take on the sponsorship of it."

"Really. I wonder why Representative, Leader Lang, our current Speaker today, isn't carrying this Bill."

"I'm not prepared to speak on his behalf."

"You're car… but you're carrying his… his water."

"I am carrying his legislation. I think it's an excellent piece of legislation, which is why I was honored by the opportunity to carry it, but I can't tell you about his thought process that led to his decision to hand it over to me."

"He just thought or appealed to your sharp knife from the north shore and this would… this would do you well and correct our State Government here, close all the loopholes." 09700036.doc 119  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"It's my position that this piece of legislation would close a meaningful loophole, yes."

"Really? So, has anyone tried to jump through this loophole?"

"The… the statute that creates the loophole is only now in effect, subsequent to the previous campaign, I believe."

"Do you have any idea of what the Lieutenant Governor's Office do, currently, what their initiatives are?"

"Well, I'm certainly in conversation with them about some of their green initiatives and some of their governmental reform initiative, but as you know, their constitutional mandate is extremely nonspecific and that would vary from administration to administration."

"So, I'm… I'm just… I'm curious. Again, it's… has someone written about this in the newspaper? Has there been marches outside?"

"Well, I don't know if anyone has written about it in the newspaper. I can say with some confidence there have not been marches outside, but I do think it's a… I think it's a real issue, to be blunt. I think it's a meaningful loophole. I think it… it is in practice, the case, that candidates for Governor and Lieutenant Governor run together. Their campaign funds accomplish the same political goal, and so it is a… I think it's a legitimate… this has been loophole to… to allow… to place restrictions on one fund, which are not on the other one."

"So, what… who defined this as a loophole, Representative Biss?"

"That was my characterization, Representative." 09700036.doc 120  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"That's your characterization? Is that under your analysis?"

"It's in my characterization, my verbal characterization during the course of this presentation."

"So, has there… is there some history, some bad history, with the Lieutenant Governor's Office? That's always, I thought, always been a very good and progressive office. So, you think the Lieutenant Governor's Office, potentially, would run across some loophole issues?"

"You know, this… this legislation addresses the sitting Lieutenant Governor and any candidate for Lieutenant Governor, incumbent or otherwise, current and present. I… I actually, when I worked for the current Governor, I sat on the 15th floor of the Thompson Center. Well, it used to be the Lieutenant Governor's Office. It's a…"

"You used to work for Rod Blagojevich or Governor Quinn, which one?"

"Well, I worked for the current Governor, Pat Quinn. I sat in…"

"Jim Thompson?"

"Mr. Dunkin, can you bring your remarks to a close, Sir?"

"See, Representative… Mr. Speaker, had you been the person carrying this legislation, it probably wouldn't… would've flown out of here, but…"

"It may fly anyway, Sir."

"…you was so gracious, Mr. Speaker…"

"But it can't fly 'til you complete your questioning. Those in favor of the Bill shall say…" 09700036.doc 121  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Thank you."

"…'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Acevedo, Cunningham, DeLuca, Hernandez, Smith, Thapedi, Zalewski. DeLuca, Smith. Please take the record. On this question, 103 voting 'yes'; 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Ford."

"Thank you, Mr. Speaker, and Members of the House. Today is the 35th Annual Illinois Association of Realtors Capitol Conference, and I would like to welcome all the members. I'm a member of the Illinois Association of Realtors. And we know that the real estate market is pretty slow, and they still came down to lobby. And I would like to welcome the president of the Chicago Association of Realtors, Mabel Guzman. She's in the audience, if we could give her a round of applause. And the owner of JAB Real Estate, Ron D. Abrams. I'd like for them to enjoy their time here. Even though they are part of different real estate companies than me, and in competition, I still welcome them. Thanks."

"Thank you, Mr. Ford. The next Bill on the Calendar is House Bill 1204, Representative Howard. Please read the Bill."

"Representative Howard." 09700036.doc 122  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Yes. House Bill 1204 is adding kindergarten to the list of groups of students who will be able to, at some point during the course of the year, hear information about conflict resolution and antiviolence."

"The Lady moves for the passage of the Bill. And on that question, the Chair recognizes Representative Eddy."

"The Sponsor yields."

"That is correct."

"Lady…"

"Thank you."

"…Lady moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Cole, McGuire. Please take the record. On this question, 103 voting 'yes'; 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. I missed one Bill on Second Reading. House Bill 1307, Mr. Moffitt. Do you wish to move that Bill, Sir? We did move that?" 09700036.doc 123  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"At the request of the Sponsor, Mr. Clerk, please move House Bill 1307 back to the Order of Second Reading. House Bill 248, Representative May. Representative May on House Bill 248. Please read the Bill."

"Representative May."

"Yes. This is an amend… this is a Bill at the initiative of the North Shore Sanitary District, the second largest sanitary district in Illinois, bringing their Codes similar to other sanitary districts. We have amended it. There is no opposition."

"The Lady moves for the passage of the Bill. There being no debate, those in favor say… vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Franks, Mitchell, Reboletti, Rose. Please take the record. On this question, there are 77 voting 'yes', 26 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2101, Representative McAsey. Representative McAsey, 2101. Please read the Bill."

"Representative McAsey." 09700036.doc 124  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Thank you. This is a legislative idea that comes to us from the Will County Treasurer, as well as a number of supporting groups. What it allows is for county treasurers to have greater latitude in making their investments on behalf of… of the counties that they represent, allowing for them to make represent… investments in savings banks, as well as in credit unions, and allowing for greater flexibility with those investments and ultimately, a greater return on taxpayer dollars. And I would urge the support of the Body."

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

"The Lady yields."

"No. I… I do not know. I have not heard that they have any position."

"I don't have a note that they were ever in opposition to the Bill."

"I… I'm not aware of any stated position on… on behalf of the Illinois Bankers Association."

"So, I… I know that this is supported by the credit unions. It's also supported by the savings banks." 09700036.doc 125  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Thank you."

"Mr. Moffitt."

"The Lady yields."

"Representative, that is correct. Municipalities do have the ability to do this. And what we're seeking is to allow for county treasurers to have that same ability. And really, with regard to the saving banks and credit unions, to keep county investments right there in the community, as well. So, we're just affording the… the county treasurers the same ability that the municipalities already have with regard to their investments."

"Exactly."

"Provide parity."

"And… and I know that this legislation is supported by the County Treasurers' Association. I would be hopeful that county treasurers understand the great responsibility that they have with taxpayer dollars, and would always be investing those taxpayer dollars in… in the most responsible way, working to bring a return on investment, not to put those funds at risk. And… and I believe that, ultimately, this will provide them even greater latitude to do that."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Members, vote your switches. Cavaletto, Mayfield, Morrison, Thapedi. Cavaletto. Please take the record. On this question, there are 80 voting 'yes', 23 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3506, Representative Mussman. Out of the record. House Bill 1359, Mr. Fortner. Out of the record. House Bill 2095, Representative Hammond. Please read the Bill."

"Representative Hammond." 09700036.doc 127  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"The Lady moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Biss, Mr. Hays. Mr. Biss. Please take the record. On this question, 103 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 148, Mr. Phelps. Out of the record. House Bill 142, Mr. Reitz. Mr. Reitz. Out of the record. House Bill 2023, Representative Williams. Please read the Bill."

"Representative Williams."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is an initiative of the Illinois Department of Financial and Professional Regulation. And it amends the Real Estate Licensing Act to provide that a 09700036.doc 128  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 licensee, who is a felon, can be disciplined for any felony. Current law provides only that felonies can cause discipline to a licensee if they involve crimes of dishonesty, or the practice of realty. And I ask for a favorable vote."

"The Lady moves for the passage of the Bill. There being no debate, 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? Chap LaVia. Please take the record. On this question, 103 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3042, Mr. Pritchard. Please read the Bill."

"Mr. Pritchard."

"The Gentleman moves for the passage of the Bill. There being no debate, 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? Colvin, Mitchell. Please take the record. On this 09700036.doc 129  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 question, 103 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1521, Mr. Rose. Out of the record. House Bill 1226, Mr. Zalewski. Please read the Bill."

"Mr. Zalewski."

"Thank you, Mr. Speaker. House Bill 1226 is a product of the CVA committee on construction law. It does three things with regard to… with liens. It establishes the form of service for claims, modifies the requirements of a notice, and modifies the delay and limitation period for on a claim. I'd respectfully ask for an 'aye' vote."

"The Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Representative Watson."

"The Gentleman yields."

"That's not accurate, Representative. I spoke to the committee, and I spoke to the mechanical and the one opponent on the Bill. I agreed to work with them in the Senate."

"Mr. Zalewski."

"If I could just elaborate on my answer. Originally, I stated that I was willing to work with the opponent. 09700036.doc 130  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Subsequent to that, at another Jud I Committee, is when I made the representation that I would move the Bill and go to… and work with it in the Senate."

"Anything further, Mr. Watson?"

"The Gentleman moves for the passage of the Bill. There being no further 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? Vote your switches, Members. Bellock, Dunkin, Harris, Hays, Reboletti, Rose, Tryon. David Harris. Mr. Hays. Please take the record. On this question, there are 68 voting 'yes', 35 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Sullivan. I don't think the Gentleman wishes to speak. Next Bill is House Bill 2993, Mr. Zalewski. Mr. Zalewski, do you wish to move this Bill? Please read the Bill."

"Mr. Zalewski."

"Thank you, Mr. Speaker. House Bill 2983 is a initiative of the park district, our District Association of Illinois. It simply cleans up some language left over from a Bill we passed last year. I'd be happy to take any questions."

"The Gentleman moves the passage of the Bill. There being no debate, those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who 09700036.doc 131  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 wish? Have all voted who wish? Have all voted who wish? Representative Hammond. Please take the record. On this question, 103 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Members, the Chair has a new list and we're going to… starting on Bills on Second Reading. And the first Bill is House Bill 2861, Mr. Beiser. Mr. Beiser. Read the Bill, please."

"Third Reading. House Bill 3440, Representative Chapa LaVia. Representative Chapa LaVia, 3440. Read the Bill."

"Third Reading. House Bill 825, Mr. Colvin. Out of the record. House Bill 3550, Representative Monique Davis. Read the Bill."

"Third Reading. House Bill 1513, Representative Dugan. Representative Dugan, House Bill 1513. Please read the Bill." 09700036.doc 132  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"Third Reading. House Bill 3033, Mr. Farnham. Mr. Farnham, 3033. Please read the Bill."

"Third Reading. House Bill 176, Mr. Lyons. Mr. Lyons. Joe Lyons, 176, Sir. Read the Bill."

"Third Reading. House Bill 3253, Representative May. Representative May. Do you wish to move your Bill? Out of the record. House Bill 3339, Representative Nekritz. Representative Nekritz. Representative Elaine Nekritz. Do you wish to move your Bill? Out of the record. House Bill 1297, Mr. Reitz. Mr. Reitz. Out of the record. House Bill 1716. Mr. Durkin is not here. Out of the record. House Bill 1562, Representative Hatcher. Please read the Bill."

"Representative Hatcher."

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

"Third Reading. House Bill 2927, Mr. Mathias. Please read the Bill."

"Third Reading. House Bill 181, Representative Osmond. Representative Osmond. Out of the record. House Bill 161, Mr. Rose. Mr. Rose. Out of the record. House Bill 3129, Representative Senger. Out of the record. Returning to House Bills on Third Reading, Members. The first Bill is House Bill 264, Mr. Bradley. Mr. Bradley. Read the Bill."

"Mr. Bradley. Mr. Bradley. Out of the record. House Bill 1652, Representative Bellock. Representative 09700036.doc 134  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Bellock. Out of the record. House Bill 6, Representative Cavaletto. Please read the Bill."

"Mr. Cavaletto."

"The Gentleman moves for the passage of the Bill. There being no debate, 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? Please take the record. On this question, 103 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1511, Mr. Holbrook. Mr. Holbrook, 1511. Out of the record. House Bill 1928, Representative Mendoza. Representative Mendoza. Read the Bill."

"Representative Mendoza."

"Thank you, Mr. Speaker. House Bill 1928 expands the definition of victim and victim impact statement in relation to the Open Parole Hearings Act, and further limits the material to be subject to the… that are subject to the FOIA request. What the Bill does is further defines victim to mean any person that's legally related to the victim by blood, marriage, adoption, or guardianship, or 09700036.doc 135  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 any friend of the victim or any concerned citizen. I would be happy to answer any questions, and would ask for your support."

"The Lady's moved for the passage of the Bill. And on that question, the Chair recognizes Representative Ford."

"Is this your last Bill? All right."

"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Representative… who said that? Representative, what is the purpose of your Bill?"

"The… the state… the purpose is to expand those… those victim statements that would be FOIA-able. Currently, right now, only written victim's statements are provided for in the FOIA law." Davis, M.: "So, if a person has a parole hearing, your Bill is saying that the victim will be able to come and testify… Oh, is that Miss McAsey supporting you there?"

"Yes. She is a key Sponsor of this legislation, as well." Davis, M.: "Can you tell me the name of the prison in her district?"

"I'm sorry. What was your question, Representative?" Davis, M.: "You know, I just asked what was the name of the prison in McAsey's district, that's all."

"I think… I think she has Statesville, but she can…" Davis, M.: "Statesville?"

"…she can answer that question 'cause…" Davis, M.: "Okay." 09700036.doc 136  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"…I believe she has Statesville, but I could be wrong." Davis, M.: "Okay. So, your… the purpose of your legislation is to…"

"To expand the definition of the victim, and the victim impact statement when you go before the Open Parole Hearings Act. Well, the parole board, she thinks." Davis, M.: "So, is this to assist…"

"Prisoner Review Board." Davis, M.: "…is this to assist the parole hearing officer? Is it to assist that parole… that person getting parole, or is it to prevent him from getting parole?"

"I think what this does is to further define what the definition of victim and victim impact statement is. And all of these things are taken into account by the Prisoner Review Board." Davis, M.: "So, where…"

"And… and then right now, my understanding is that those… those statements are FOIA-able, but they are written." Davis, M.: "So, currently, they can write a letter, or letters, to the parole board and the parole board can take into consideration what these victims had to say in reference to this person being released. Is that correct?"

"I believe that is correct." Davis, M.: "Representative…"

"Yeah. I said that's correct." Davis, M.: "So, how many people… who are we talking about? Who are we adding to this list?" 09700036.doc 137  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"What we're doing is redefining, further defining, victim. I… I don't understand what your question is. What we're doing in this Bill is defining victim, and the victim witness statement." Davis, M.: "Can you give me an example?"

"Excuse me."

"I mean the victim impact statement."

"Excuse me. Representative Mendoza, would it… Representative Davis, since this at onetime was Representative McAsey's Bill, perhaps we could have her answer these questions."

"That's fine."

"Would that be all right? Representative McAsey." Davis, M.: "I would appreciate that, Mr. Speaker…"

"Thank you." Davis, M.: "…very much."

"The Chair recognizes Representative McAsey."

"Thank you. Thank you, Representative Lang. This is an initiative of the Cook County State's Attorneys Office. And just to discuss exactly what the Bill is doing. It is really quite… quite a simple piece of legislation that's before us. What is before us is essentially two things: expanding the definition of victim in the very specific limited case of individuals who are coming before the Prison Review Board where we have the very small number of individuals who have been given indeterminate sentences. We're adding to that, some specific language expanding the definition of victim. Additionally, under the… the current 09700036.doc 138  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 definition of victim impact statements before the… that can come before the… the Prison Review Board… or Prisoner Review Board, we allow for victims to… to provide written victim impact statements that are not subject to FOIA. And we are expanding that to allow for oral, written, videotaped, tape recorded, or other… or victim impact statement…" Davis, M.: "So, you're not…"

"…made by other electronic means." Davis, M.: "So… so, excuse me, Representative McAsey. So, you're not adding who can be a victim."

"We are… we are… in the definition of victim, we are adding some… some language so that if you have the child of a crime victim, that that child of a crime victim, or grandchild of a crime victim, someone related by marriage, or adoption, or guardianship, a friend or concerned citizen may address the Prison Review Board." Davis, M.: "How about a brother-in-law? Could the brother-in- law be a victim?"

"Under this definition, yes." Davis, M.: "Could a neighbor next door be a victim?"

"A concerned citizen under the definition that's in this legislation." Davis, M.: "So, what you really want to do is show how this person's crime has affected so many people. Is that right?"

"This is an opportunity for victims to come before the Prisoner Review Board and, yes, talk about how an individual…" 09700036.doc 139  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Davis, M.: "So…"

"…under indeterminate sentence has… their crime has affected crime victims in the community. That's correct." Davis, M.: "So, just… what this Bill will serve to do then is prevent the parole… parole board for giving a favorable hearing for this person. I mean, all of these victims line up, and they've all been hurt and harmed. You know, even though one may live in North Dakota and one lives in Springfield. But he could come forward and tell how he, too, was victimized by this crime. So, what this will serve to do, Representative, and I think this is your objective, is to keep that person incarcerated a longer period of time."

"Representative, what this will serve to do is to give members of the Prisoner Review Board even more information, to have a more thorough hearing, to have all the information that is relevant, related to that indeterminate sentence." Davis, M.: "And when you say determinate sentence, you mean that person had, say they were given 15 years or 10 years. So, then they go before the parole board. And that's correct. Is that the title?"

"This… this is the… there's a very small number of individuals in the State of Illinois that were sentenced at a time that we had what was known as indeterminate sentence. So, you would be…" Davis, M.: "Do you know how old…"

"…you would institute…" 09700036.doc 140  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Davis, M.: "…do you know how old most of those people are? The people that receive those indeterminate sentences. Do you know how old they are? Girl, they must be in their 80s by now."

"Well, and there… there is a small number of individuals…" Davis, M.: "They have created…"

"…to whom this would apply." Davis, M.: "…a geriatric unit for these people. They have created a geriatric unit for those people who got indeterminate sentences. Now, what happened, for young people who don't know, what happened was they were asked did they want to have a determinate sentence, or did they want an indeterminate sentence. So, because they thought they were dealing with a just system, they said we'll make it… you… you be the judge. You decide when I can get out. Now, there are people who have committed worse crimes that were given a determinate sentence who have been in prison and gone home. And those who decided, in a very unintelligent way, to be given an indeterminate sentence, they're still sitting there. And now, we're talking about bringing people, who are probably passed on… I don't know who they would bring 'cause these people are really old now… to be able to say how they were impacted by those crimes, committed by those given an indeterminate sentence. You know, I'm a Legislator, too, and I hate crime, but I just cannot stand here and just allow people, without my voice being heard, to do and say things to incarcerate people for a longer period of time, especially, when 09700036.doc 141  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 they're getting Federal Government money based on that population, but they don't spend any of it in that location. Vote 'no'."

"Representative Zalewski."

"Would… Will the Sponsor Representative McAsey yield?"

"Representative McAsey will yield on Representative Mendoza's Bill."

"Representative, isn't it accurate to say there are only 300 or fewer defendants who this Bill affect?"

"That is correct. There is a small number. Hundreds of individuals…"

"And actually, your Bill protects the integrity of the victim impact statement, correct?"

"That's correct."

"How does it do that?"

"What… what this does is to allow for victims to have greater latitude in making victim impact statements to present the facts and circumstances to the Prisoner Review Board and… and to protect those statements, as well, under Freedom of Information."

"Could… Representative, isn't the current state of the law now that only the grandkids are able to give the impact statement and therefore, anyone else, their statements are subject to other means besides what's covered in the law?"

"What we're seeking to do is to afford greater protection to victims of crime." 09700036.doc 142  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011

"So, to the Bill. This is a good Bill. Right now, we're entering a situation where some of these statements aren't properly protected under the law. This Bill would do that. It's an excellent Bill. I urge an 'aye' vote."

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

"The real Sponsor will yield." Davis, W.: "Okay. Representative, obviously, there is some debate about… about this particular issue and we're reading some information that was provided to us. So, while you talk about it provides protections, is that protection because the definition has been expanded so if anybody writes a letter one way or the other, that if I'm a defense attorney, that I no longer have access to what people are saying about my client?"

"This would, if you fit the definition of victim, the information, the victim impact statement presented by the victim, would not be subject to Freedom of Information." Davis, W.: "But if you define… if you redefine what victim is and you broaden that definition, which is what I understand that is, so it allows, I won't say anyone, but… you know, and… and I don't want to… I don't want to minimize the word victim in this and someone who may be a relative or you know, related to that victim. I don't want to minimize that at all, but you know, anyone who writes that letter under this definition, maybe they weren't a relative of the victim but, you know, maybe it was the next door neighbor who was traumatized by the event. So, if this definition 09700036.doc 143  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 expands that and that next door neighbor writes a letter, that defense attorney doesn't have access to that letter under this Bill, does it… do they?"

"That is correct. And that's…" Davis, W.: "That is correct."

"…but that's the protection that we are seeking to afford to that person who's been traumatized." Davis, W.: "But if I'm a defense attorney… if I'm a defense attorney, at some point I want to be able to, you know, be able to see, what people are saying about my client. You know, how can I vigorously and appropriately defend someone if I don't hear what, or see, what the Prisoner Review Board may be seeing what's being said about my client. How can I… how can I do that?"

"Additionally, defense attorneys would get a copy of any of those statements and, often, are present at the hearings. So, they would have access to that information." Davis, W.: "So, they would?"

"Yeah." Davis, W.: "So, the information I have is incorrect?"

"The… those actual written statements would not be subject to the Freedom of Information Act, but a defense attorney would receive a copy of the statement at hearing or you know, if there was actual testimony when the attorney was present." Davis, W.: "So, it sounds like you're telling me the information I have is incorrect. So… so, what I'm reading…"

"It's a…" 09700036.doc 144  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 Davis, W.: "Well… I mean, I… I'm not knowledgeable enough, unfortunately, in the issue to be able to debate that with you. Again, I'm just reading some information that was provided to me that is kind of… is contradictory to what you're saying. So, relative to prolonging the debate, I'm not going to vote for it because there seems to be some discrepancy in the information I have versus what you're saying. So, and again, I never tell people to take their Bills out of the record, but I just let you know that because I'm a little unclear, I'm not going to vote for the legislation. Thank you."

"I respect that."

"Representative Gabel."

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

"The real Sponsor yields."

"Could you just explain to me why the ACLU is opposed to the Bill?"

"I can't speak for the ACLU or any other organization, but what… what we are doing is working to protect victim's statements from Freedom of Information inquiries by the general public. So, certainly, individuals representing an individual who is incarcerated would have access to information. But that's where I would believe any opposition would lie."

"Okay. Thank you."

"Representative McAsey's going to close."

"Thank you. The legislation is a very simple piece of legislation before us to protect a very small group of 09700036.doc 145  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/5/2011 victims, in the case of indeterminate sentencing. And I would ask for your 'aye' votes."

"The Lady moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Barickman, Burns, Hammond, Jakobsson, Sente. Vote your switches, Members. Please take the record. On this question, there are 91 voting 'yes', 13 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, committee announcements."

"Mr. Clerk, Agreed Resolutions."

"Representative Lyons moves for the adoption of the Agreed Resolutions. Those is favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. And now, allowing perfunctory time for the Clerk, Representative Lyons moves that the House stand adjourned 'til February… April 6 at 10 a.m. Those is favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the House… Before I finish this, the Chair recognizes Representative Golar."

"Yes, Mr. Speaker, thank you. I was at the rail, and I would like the record to reflect that House Bill 1928 is a 'no'."

"The record will reflect your intentions."

"Thank you."

"And now that the Adjournment Resolution is adopted, the House does stand adjourned until Wednesday at 10 a.m."