Illinois House Floor Debate — April 6, 2011

"The House shall come to order. The Members shall be in their chairs. We ask the Members and their guests to refrain from starting their laptops, turn off all cell phones and pagers and rise for the invocation and the Pledge of Allegiance. Today we will have two invocations, so today shall be a very holy day here in the House of Representatives. First we shall be led in prayer by His Eminence Francis Cardinal George. Cardinal George is the guest of Speaker Madigan."

"Next we shall be led in prayer by Senior Pastor Samuel Duren who is with the Zion Baptist Church in Peoria. Pastor Duren is the guest of Representative David Leitch."

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

"Roll Call for Attendance. Representative Currie."

"Thank you, Speaker. Please let the record reflect the excused absence of Representative Mendoza."

"Mr. Bost."

"The Clerk shall take the record. There being 110 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk."

Speaker Lyons: "Representative Joe Lyons in the Chair. Representative Monique Davis, for what purpose do you seek recognition?" Davis, M.: "Mr. Chairman, I'd like to table Amendment 2 to House Bill 159."

"Hold on one second, Representative." Davis, M.: "Mr. Speaker."

"Representative Davis, which Amendment do you wish to table?" Davis, M.: "Two, Amendment 2."

"Amendment #2. I've been advised by the Chief of Staff the Amendment is in the Rules Committee, Representative, so you don't have to… you don't have to table it." Davis, M.: "Okay. So we would like to address Amendment 3."

"Representative Davis, let's let the Chief of Staff and the Clerk get back to you in a minute on that." 09700037.doc 4  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 Davis, M.: "Thank you, just…"

"Okay? They'll get right back to you." Davis, M.: "Thank you, Sir. Thank you."

"Representative Jill Tracy, for what purpose do you seek recognition?"

"Please proceed."

"Happy birthday you guys. God bless you. Have a great, happy, healthy year. Ladies and Gentlemen, we will take leave of the Chair to introduce some special guests. As we all know, Cardinal George did our invocation. Shhh. But we're blessed today with having several bishops here from throughout the great State of Illinois. We have Bishop Tom Paprocki from Springfield. We have Bishop Joseph Siegel from Joliet. We have Bishop Dan Jenky from Peoria. We have Bishop Joe Perry and Frank Kane, Auxiliary Bishops from Chicago, and of course Cardinal Francis George. Let's give a long round of applause for our catholic bishops here in Chicago… here in Springfield. Representative Watson for a personal privilege."

"Welcome to Springfield. Enjoy your day. We're proud to have you here. Representative Sandy Cole."

"Please proceed."

"Welcome to Springfield. Enjoy your day. All right, Ladies and Gentlemen, we actually do have some House business to do for the rest of the day here, so we'll start with some Third Readings on peoples'… individual's lists of priorities of Bills. So, we'll start. Representative Dan Beiser, on page 24 of the Calendar on the Order of Third Readings, you have House Bill 1573. Read the Bill, Mr. Clerk."

"Representative Dan Beiser."

"Thank you, Mr. Speaker. House Bill 1573 is an initiative of the United Transportation Union and simply requires that contract carrier vehicles transporting railroad employees in the course of their employment be 09700037.doc 6  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 equipped with a readily available first aid kit. I'd answer any questions and I'd ask for your support."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 1573 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 Phelps, Reitz, back row? Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Biss in the neighborhood? Representative Dan Biss, you have, on the Order of Third Reading, House Bill 2937. Out of the record. Representative Kelly Burke, on the Order of Third Readings you have, on page 27 of the Calendar, House Bill 3365. Out of the record. Representative Will Burns. Alderman, you have, on the Order of Third Readings, on page 28 of the Calendar House Bill 3597. Out of the record. Leader Michael Bost, you have, on the Order of Third Readings, House Bill 19. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Gentleman from Jackson, Representative Michael Bost."

"You've heard the Gentleman's explanation on House Bill 19. Is there any discussion? Seeing none, the question is, 'Should House Bill 19 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 Howard, Mayfield, Mell. Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Amendment… Constitutional Majority, is hereby declared passed. Representative Brown. Representative Mike Fortner, you have, on page 23 of the Calendar, on the Order of Third Readings, House Bill 1359. Read the Bill, Mr. Clerk."

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

"…the Gentleman's explanation. Is there any discussion? Representative Winters."

Speaker Lyons: "The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose." 09700037.doc 10  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Representative Fortner to close."

"The question is, 'Should House Bill 1359 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bost, Brauer, Leitch, Jerry Mitchell, the back row boys, Republicans. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Rose, for a point of personal privilege." 09700037.doc 11  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

Speaker Lyons: "Ladies and Gentlemen, please, give your undivided attention to this. Shhh."

"Representative Rose, it doesn't get any better than that. Thank you so much for giving us the joy of meeting those Illinois heroes. God bless you, God love you all. Back to the Order of Third Readings on House Calendar, page 26. Representative Biss, I believe you're ready for House Bill 2937. Read the Bill, Mr. Clerk."

"Representative Biss."

"Thank you, Mr. Speaker. House Bill 2937 is a modest Amendment to the Roadside Memorial Act. The way the Roadside Memorial Act works is similar to an existing program for DUIs. If a citizen is killed in a road accident, it is possible… it is now… the Act enables the citizen to request, at their… the citizen's family I should say, to request at their own cost that a marker be placed on the roadside to memorialize the accident. The way the initial legislation was passed last year, the authorization sunsetted at the end of the calendar year 2011 and in… by the end of September of 2011, IDOT was meant to give us a report about how the program was going. There have been no complaints about the report. It's been meaningful for several families that have been subjected to tragedy. The reason for this Amendment is simply that there wouldn't necessarily be time between when that report came in and 09700037.doc 14  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 the end of the calendar year to extend the sunset. This Bill extends the sunset until the end of calendar year 2012, thus enabling us to, presuming that the report indicates it's been a successful program, to lift the sunset altogether in the Session next spring. I'd… happy to answer any questions."

"You heard the Gentleman's explanation, is there any discussion? Seeing none, the question is, 'Should House Bill 2937 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? Chapa LaVia. Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Brown, on the Order of Third Readings on page 27 of the Calendar you have House Bill 3241. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Gentleman from Macon, Representative Brown."

"You heard the Gentleman's explanation of the Bill. Is there any discussion? Seeing none, the question is, 'Should House Bill 3241 pass?' All those in favor 09700037.doc 15  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 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 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Fred Crespo, on page 26 of the Calendar, you have House Bill 3027, 3027. The Clerk informs me there may be an Amendment. Do you wish to take that Bill back to the Order of Second Reading, Representative?"

"We need to adopt an Amendment #1, yes."

"Mr. Clerk, on the request of the Sponsor take that Bill back to the Order of Second Reading. And the status of the Bill?"

"Representative Crespo on Amendment #1."

"Thank you, Speaker and Members of the House. Amendment #1 was brought to us by ISBE. And last year we signed into law a requirement that student teachers go through fingerprint backgrounds. According to ISBE the law did not specify whether it should be state, federal or both. They feel that they should comply with the same requirements as regular teachers. Also, the FBI requires specific language in order to receive from them the national criminal history."

"You've heard the Gentleman's explanation. Is there any questions? Seeing none, the question is, 'Should Amendment #1 be adopted?' All those in favor signify by 09700037.doc 16  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Barbara Flynn Currie, on the Order of Third Readings, you have, on page 25 of the Calendar, House Bill 2917. Leader, ready to go? Read the Bill, Mr. Clerk."

"Leader Barbara Flynn Currie."

"Thank you very much, Speaker and Members of the House. This is an initiative of the Department of Human Services and it brings Illinois into the 21st century with respect to electronic prescriptions of controlled substances. Much of the Bill aligns our law with Federal Law, other parts of it make it easier for our monitors to track the use of scheduled substances so as to make sure that people are not doctor shopping and are not being overprescribed things that they should not be. I would be happy to answer your questions. And I'd appreciate your support for this measure."

"You've heard the Lady's explanation. Are there any discussion? Seeing none, the question is, 'Should House Bill 2917 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 111 Members voting 'yes', 0 voting 'no'. 09700037.doc 17  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Currie, you also have, on the Order of Third Reading, House Bill 2955. Mr. Clerk, what's the status on that Bill?"

"Barbara, you also have a House Bill… We'll take that… take it out of the record on request of the Sponsor. Representative Kay Hatcher, on the Order of Third Readings on Page 24 of the Calendar you have House Bill 1562. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Lady from Kane, Representative Kay Hatcher."

"You heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 1562 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Monique Davis, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This 09700037.doc 18  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lisa Dugan, on page 27 of the Calendar, you have House Bill 3346, on the Order of Third Reading. Read the Bill, Mr. Clerk."

"Representative Dugan."

"Thank you, Speaker, Members of the House. House Bill 3346 is an initiative of ILEAS and to create an ILEAS Fund and that's… that will come, if possible, depending on the money through the State Police. It actually will help them receive some funding for… to help with local law enforcement, airborne and homeland security issues. This was something… it's just a way to have some funding for that organization. And I'll certainly answer any questions, but we… this was discussed in committee and passed out unanimously."

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

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

"Sponsor yields."

"Representative, I'm just seeing this for the first time."

"Yes."

"Where are you? Oh, there you are, hi. Is this an increased fee on court costs?" 09700037.doc 19  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"No, it's not. We amended that… originally the Bill was put in where we would increase court fees, but that was taken out. That part of it was taken out in Amendment #1."

"So how was this actually funded, then?"

"Well, this is funded by action that we took last year on increase of court fees. We passed that Bill last year. And all this is doing is allowing the State Police to, the emergency management, to take some of those funds that are to be used for homeland security and put it in a fund that we're now setting up."

"Okay. So there's no additional cost to anyone."

"No."

"There's no… Okay. Well, thanks…"

"It's just distribution of the funds."

"That's what I didn't understand. Thank you."

"Thank you."

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

"Sponsor yields."

"No, it does not."

"Correct. This allows them to."

"Uh huh." 09700037.doc 20  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Representative Dugan to close."

"Yes. I would just like for an 'aye'… an 'aye' vote on this."

"The question is, 'Should House Bill 3346 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 Holbrook, Cavaletto, Karen May. Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 2 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Keith Farnham, on the Order of Third Readings, on page 22 of the Calendar, you have House Bill 1260. Representative Keith Farnham on 1260, are you ready to go? Read the Bill, Mr. Clerk."

"Representative Farnham."

"Thank you, Mr. Speaker. This amends the Public Utilities Act. Provides that, notwithstanding any other provision of the Act, no utility during the period of time from December 1 through and including March 31 may disconnect services to any residential premises of which a service member or veteran is a primary occupant. And House Amendment 1 defined that the veteran must notify the utility that they are a service member or a veteran."

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

"Sponsor yields."

"Yes, that's correct."

"Representative Jim Watson."

"Sponsor yields."

"During that period of time, that's correct, a veteran or a service member."

"I understand. The Amendment, which we worked this out with the utility companies, says that they must notify the utility that they are a service member or a veteran. So we tried to keep it very narrow to that." 09700037.doc 22  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Representative Farnham to close."

"This came up from constituents in my area and a couple of situations in which we had to deal with some veterans and help them. And I urge an 'aye' vote on this."

"The question is, 'Should House Bill 1260 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 Rosenthal, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Farnham, you have a second Bill on Third Reading here, House Bill 3033, 3033. Read the Bill, Mr. Clerk."

"Representative Farnham."

"Thank you, Mr. Speaker. House Bill 3033 requires the Department of Juvenile Justice to seek federal funding to create a competitive statewide gang prevention intervention grant program. After receiving federal funds, the Department of Juvenile Justice will award grants to eligible groups in order to carry out programs focused on 09700037.doc 23  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 street gang prevention and intervention. This Bill defines eligible entities as nonprofit, nongovernmental organizations or coalitions that serve targeted populations. There will be a Grant Application Review Committee with members from the Attorney General's Office as well as representatives from government, nongovernment organizations."

"You heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"Sponsor yields."

"I don't believe so."

"Not that I'm aware of."

"Representative, I'm not aware of any… nobody's called us or talked to us about an Amendment to this." 09700037.doc 24  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Yes."

"Détente, very nice. Mr. Farnham to close."

"Thank you, Mr. Speaker. I urge an 'aye' vote. This is a… this would be a good program. It would help all of our communities and funding programs to combat gang activities."

"The question is, 'Should House Bill 3033 pass?' All those in favor signify by saying 'yes'… voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Kelly Burke, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Sid Mathias, on the Order of Third Readings, on page 26 of the Calendar, you have House Bill 2927. Read the Bill, Mr. Clerk."

"Representative Sid Mathias."

"You heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 2927 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 Farnham, Representative May. Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Sara Feigenholtz, on the Order of Third Reading, on page 26 of the Calendar, you have House Bill 3207, 3207. Are you ready? Read the Bill, Mr. Clerk."

"Representative Feigenholtz."

"Thank you, Mr. Speaker. House Bill 3207 is a… just a stopgap measure, hopefully we'll never have to use it, that will address an issue that HFS is working on right now and I'd like to move it over to the Senate just to keep 09700037.doc 26  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 it going. I'm not sure we're going to need this, but just for safekeeping I'd like to send it over there. I'd be glad to answer any questions."

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

"That's it."

"We may not need this, Representative Eddy. It's on Third Reading and it's just a vehicle just in case. There's a lot of discussion going on within the industry and the Speaker keeps calling this Bill on Third Reading and so I figure we might as well just move it over."

"Perhaps, yes."

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

"Thank you. Will the Sponsor yield?"

"Sponsor yields." 09700037.doc 27  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Representative, this has been a contentious issue from the moment you filed the Bill. Is it my understanding that there are still people in the nursing home industry who were for the Bill and people in the nursing home industry who are against the Bill?"

"This one or the original one?"

"This one."

"I'm not sure I understand the question. I mean, I think that everyone is in agreement with the concept of the Bill. It's how we're going to go about doing it has yet to be decided. I think there's an effort afoot to use other methodology aside from this Bill. That would be the preference. But as I said in my opening remarks, I would just like to keep this moving for just to keep it moving."

"Well, then perhaps I'm confused, but as I understood it at the beginning you had a Bill that was proposed by some in the industry who some of us would consider friends and there were others in the industry, the long-term care community who are opposed to the Bill, that some of us consider friends."

"I'd like to consider everyone in the industry my friends."

"That's correct, but the question is, is this now… have they now agreed that this should move forward?"

"I think that there is a lot of dialogue. I think that the Department of Health and Family Services is working through the issue and as I said, it is not completely resolved. But I just want to keep the Bill moving and that's it, Representative." 09700037.doc 28  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"And it would be your statement on the floor that you don't expect this Bill to pass the Senate in its current form?"

"It's my hope that we don't need this Bill."

"Except you're going to pass the Bill and send it to the Senate, so I'm trying to find out what happens when it gets there."

"That's up to the Senate."

"All right. Thank you."

"The question is, 'Should House Bill 3207 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? Connelly, Davis, Dunkin, Hernandez. Mr. Clerk, take the record. On this Bill, there's 102 Members voting 'yes', 6 voting 'no', 3 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Feigenholtz, you also have, on the Order of Third Reading, House Bill 3620, 3620. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Lady from Cook, Representative Feigenholtz."

"Thank you, Mr. Speaker. This Bill just codifies a federal standard for coal ash rule and disposal. I'd be glad to answer any questions." 09700037.doc 29  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

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

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

"The Sponsor yields."

"Representative, do you have a big coal ash problem in your district?"

"No, I don't, but this is a Bill that I believe is very… has great interest, not only for the future but for people who are interested and who are on the Green Caucus and in… are for our environment."

"What does it do because I'm reading this and it says it authorizes the unlimited concentration of these metals?"

"This Bill has been amended, Representative Franks. House Amendment 1 becomes the Bill and it requires… essentially it brings us statutorily in compliance with ASTM standards. That's all it does. There is no opposition to the Bill."

"I'm not sure I still understand it. What do we do with this stuff? When you say encapsulate, in what way do we encapsulate this?"

"We encase or enclose in a way to prevent the leaching of coal combustion and residual content into our environment and into the earth, but that is already a standard that we comply with. What this Bill does, what House Amendment 1 did, it put us in compliance with ASTM standard E2277-03 which requires coal waste to be encapsulated when it's used in a structural fill." 09700037.doc 30  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"All right. So, we're already doing it. We're just codifying statutorily what we do."

"Correct. We are."

"Thank you."

"You've heard the Lady's explanation. Sara to close."

"I'd appreciate an 'aye' vote."

"The question is, 'Should House Bill 3620 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, Representative May, like to be recorded? Mr. Clerk, take the record. On this Bill, there's 111 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 25, you have House Bill 2313. Read the Bill, Mr. Clerk."

"The Gentleman from Knox, Representative Don Moffitt."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 2313 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 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Moffitt, are you ready for House Bill 3255, 3255? On Page 27 of the Calendar, Mr. Clerk, read the Bill."

"Mr. Moffitt, do you want to move that Bill to the Order of Second Reading for the purposes…"

"…of the… of Amendments?"

"Mr. Clerk, move that to the Order of Second Reading. And you want to hold off on the Amendments?"

"Mr. Clerk, what's the status on that Bill?"

"We'll leave that Bill on the Order of Second Reading for the purpose of the Amendment. Representative Robyn Gabel, on the Order of Third Readings, you have House Bill 1706, on page 24 of the Calendar. Read the Bill, Mr. Clerk."

Speaker Lang: "Representative Lang in the Chair. Representative Gabel."

"Thank you, Mr. Speaker. The purpose of House Bill 1706 is to create clarity and consistency across school districts about who qualifies for home and hospital instruction and when home and hospital instruction services must start and what home and hospital instruction services must include. This will improve education available to children with temporary or extended illnesses. I encourage an 'aye' vote." 09700037.doc 33  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

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

"Lady yields."

"Five days."

"Correct. It would be for students who have cancer and know that they're going in for treatments over a period of time. We would like the physician's note to say that and for… and to then trigger the home care."

"Correct." 09700037.doc 34  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Correct."

"Thank you very much."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Gabel, you want to vote for your own Bill? Mr. Lyons. Please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Gabel, for what reason do you rise?"

"Yes, I had a… Thank you, Mr. Speaker. I had promised that I would just mention the… Aaron Sims, the 17-year-old who… who… he is one of the reasons that this Bill was put forward. He fought for home and hospital services and was given a very hard time about it and I just wanted to have this Bill in his honor. He did pass away last week. Thank you." 09700037.doc 35  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Thank you, Representative. The next Bill on the Calendar is House Bill 1191, Representative Greg Harris. Mr. Harris. Out of the record. House Bill 3468, Representative Hernandez. Representative Hernandez. Please read the Bill."

"Representative Hernandez."

"Thank you, Speaker. House Bill 3468 requires the Department of Human Services to record the menstrual cycles of every woman of childbearing age who is admitted to and remains in a mental health facility for more than 60 days. Currently, DHS has to record the menstrual cycles of every woman of childbearing age who is admitted into a mental health facility maintained by the state. House Bill 3468 would reduce this requirement to only those who are in the facility for an extended period of time. The legislation was originally enacted due to concern about pregnancies in the state mental health hospitals; however, the facilities have changed significantly since this legislation was written with the average length of stay of civil patients less than 21 days. A pregnancy test is currently required for every woman of childbearing age upon admission to a mental health facility and would continue to be required under this legislation. Following pregnancy testing on admission, monitoring of menstrual cycles would then be required for women who are hospitalized 60 days or greater. This issue was brought to the Department of Human 09700037.doc 36  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 Services's attention as a result of an audit finding. I ask for your 'aye' vote. Thank you."

"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? Have all voted who wish? Please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3038, Mr. Holbrook. Please read the Bill."

"Mr. Holbrook."

"Thank you. House Bill 3038 is a consumer protection Bill. It allows an enhancement to where instead of waiting 24 months they only have to wait basically 12 under most conditions if they're departing from an ARES power supplier. I know of no opposition to the Bill. It passed out of committee unanimously."

"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? Have all voted who wish? Jerry Mitchell. Please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 78, Representative Jakobsson. Please read the Bill." 09700037.doc 37  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Representative Jakobsson."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 78 prohibits a student or an employee who has been suspended, expelled or dismissed from a school from entering or remaining in a safe school zone when such prohibition is a condition of that suspension, expulsion or dismissal for a period of the time… not to exceed the term of expulsion. I would urge an 'aye' vote."

"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? Mr. Jackson. Please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1981, Mr. Jefferson. Please read the Bill."

"Mr. Jefferson."

"Thank you, Mr. Speaker, Members of the General Assembly. House Bill 1981 simply… an initiative of Rockford is to make sure that non-Home Rule government has the ability to actually apply for emergency funds that might happen… occur in our area. So, at this point, I would urge an 'aye' vote." 09700037.doc 38  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"The Gentleman moves for the passage of the Bill. The Bill is on Short Debate. The Chair recognizes… the Chair recognizes Representative Eddy for two minutes."

"The Gentleman yields."

"Yes, it does."

"It only… it clarifies exactly what an emergency vehicle is and it spells it out. And that's part of the Amendment. But that was satisfactory by the people that asked for the Amendment."

"Yes."

"Yes."

"House Amendment #1 also clarifies that the fees imita… limitations, as it relates to this Bill, applies to ambulance services."

"Yes."

"Yes. We've discussed… we discussed the Amendment with them and it was acceptable." 09700037.doc 39  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Exactly."

"Thank you, Representative."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Hatcher. Please take the record. On this question, there are 60 voting 'yes' and 51 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3189, Representative Jones. Out of the record. House Bill 1287, Representative Osmond. Please read the Bill."

"Representative Osmond."

"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? Have all voted who wish? Golar, Jackson. Representatives Golar and Jackson. Please take the record. On this question, there are 111 voting 'yes', 09700037.doc 40  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1254, Representative Mell. Please read the Bill."

"Representative Mell."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1254 just raises the minimum fine for littering. Currently it's $25; it raises it to $100."

"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? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 80 voting 'yes', 31 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2949, Representative Mussman. Representative Mussman in the chamber? Out of the record. House Bill 2875, Representative Phelps. Mr. Phelps. Out of the record. House Bill 3464, Representative Pihos. Please read the Bill."

"Representative Pihos."

"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? Have all voted who wish? Mr. Clerk, please take the record. On this question, 89 voting 'yes', 22 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Pihos, we have another Bill for you, House Bill 3131. Please read the Bill."

"Representative Pihos."

"The Lady moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 09700037.doc 42  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Brauer, Cunningham, Mitchell, Jerry Mitchell. Please take the record. On this question, 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1730, Mr. Riley. Please read the Bill."

"Mr. Riley."

"Thank you, Mr. Speaker, Members of the House. House Bill 1730 basically allows non-Home Rule communities to offer economic development incentives. This Bill was brought to me by the Illinois Municipal League and one of the things I think is very important is for these communities, and quite a few of them are in all of our districts, to be able to come up with new and innovative ways to encourage economic development. And so this Bill will help them do that, codifying that into law. And I'd appreciate an 'aye' vote."

"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? Have all voted who wish? Fortner. Please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2051, Representative Reboletti. Mr. 09700037.doc 43  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 Reboletti. Out of the record. House Bill 3503, Mr. Rosenthal. Please read the Bill."

"Mr. Rosenthal."

"The Gentleman moves for the passage of the Bill. There being no debate, 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? Mr. Clerk, please… Mr. Crespo. Take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2045, Mr. Rosenthal. Please read the Bill."

"Mr. Rosenthal."

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

"I'm sorry, Representative. Could you kind of give me the overview again on what the Bill does, real quick? I'm checking our analysis on this."

"On all firearms?"

"And why do you feel that that's necessary?"

"So why should not a municipality be able to dictate its own terms on how firearms should be stored?"

"Is there a pressing problem on that?"

"Inquiry of the Chair. Does this Bill preempt Home Rule, and if so…"

"I anticipated that request, Mr. Osterman, and the parliamentarian is on his way to answer that question. Let's proceed with the debate and we'll answer that question momentarily."

"So, Representative, again, so, I guess the fundamental question is what is the current problem and why 09700037.doc 45  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 do we need to have it be statewide and why can't specific municipalities within the city… or the State of Illinois be able to make their own rules when it comes to storage of firearms?"

"So, in your district then, if we passed a law on how to store firearms that was more restrictive than your constituents would want, you're okay with that?"

"So if we had more restrictive laws on how to… how to care for firearms it basically said that a shotgun had to be stored in a sealed case, unloaded or something like that. That's something that you would support if we passed it?"

"Okay. To the Bill. And I think that, you know, we're going to get into a number of issues related to firearms. The City of Chicago recently had, via court ruling, overturned laws on how and what they were able to… what citizens can have and how they can maintain firearms. And the City of Chicago, being the largest city in our state and one that has the most homicides other than any other city in our state, Home Rule municipalities and municipalities should have the ability to make laws on how to protect their citizens and how they can maintain laws that will deal with the storage of firearms. This should 09700037.doc 46  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 be something that Home Rule units, that have a on the ground view of what the problems are within their respective community, should be able to pass those laws. Whether it's the City of Chicago, whether it's the suburbs, those communities should have that. Don't you agree?"

"So how would this affect the Second Amendment rights?"

"Well, what's the pressing problem? Is there a specific situation that, you know, there's been a problem?"

"Because our state is consistent and it's all kind of one state. Is that your point?"

"I appreciate that thought, but I'll end with this. Local municipalities can and should be able to have the ability to dictate how they care for their citizens and that's going to be different in your district, in your community, versus mine. I've been here 11 years; I've heard this argument for 11 years. For 11 years I've not been able to have a specific situation pointed out to me that there's been a problem. And I would venture to say that none of your constituents have had issues in the City of Chicago with how we maintain our firearms. But Ladies 09700037.doc 47  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 and Gentlemen, I think that local municipalities should have that ability to make rules that they think and their constituents and citizens think, so not just the policy makers, but the people that live there every day should have those laws that protect them. And with that I would ask for a 'no' vote."

"The parliamentarian will answer Representative Osterman's inquiry."

"The Chair recognizes Representative Burns."

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

"Gentleman yields."

"Representative, I just have a very quick question and it goes to the basic philosophy of the Republican Party. My understanding is that the Republican Party believes that local government and units of government that are closest to the people should be most engaged and empowered in the lives of those people. Would you agree to that?"

"Well, if I'm not… if I'm not mistaken, if an ordinance by a unit of local government is unconstitutional then it would be struck down by the Supreme Court."

"Is there a particular ordinance enacted by any municipality in the State of Illinois that currently does 09700037.doc 48  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 not meet the Supreme Court's decision regarding the Second Amendment?"

"Okay. Can you just say yes or no? Is there a particular ordinance, based on your opinion or the opinion of the staff or the National Rifle Association, which I believe is a proponent of this Bill, is there a particular ordinance enacted by any unit of local government that you believe contravenes the right, the constitutional right, to own a firearm?"

"To the Bill, Mr. Speaker. I'll… I've not heard, to reiterate, that there's any unit of local government that has enacted an ordinance that violates the Second Amendment. The Second Amendment, the Supreme Court has made clear that people have a right to own a firearm. We have to permit units of local government to regulate how those firearms are stored and handled in peoples' homes. For that reason, I ask my colleagues to join with me in voting 'no' on this legislation."

"Mr. Bost."

Speaker Lang: "The Chair recognizes Representative May. Representative Lyons in the Chair."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in opposition of this Bill. Several of the previous speakers have made very clear that there are… there's nothing… there are no communities in this state that are infringing on any right of the Second Amendment. I do not live in the City of Chicago. I grew up downstate. I understand the diversity of this state because I grew up downstate. My grandfather taught me how to use a gun when I was a young girl. No one is trying to take anyone's guns 09700037.doc 50  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 away, but this Bill preempts Home Rule and that is a very serious line in the sand for many of us, not from Chicago, but from the suburban areas. So I think it is a slippery slope. I do not support this Bill and should it get the required 71 votes I would ask for a verification. Thank you."

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

"Hi. Will the Sponsor yield? Representative, I wanted to ask you a question. How long do you think it would take you to walk from one end of your district to the other?"

"Yes. Say… so, you tried to walk it."

"Okay. I've walked one end of my district to the other and it takes me anywhere, depending on how fast I walk, between 45 minutes to an hour, a fast clip. I think density alone is the reason this Bill is not workable. We both represent the same amount of people, but yet it's in such vastly different areas in terms of density. I think that alone is reason enough to let local governments decide what's best for them and what's best for their communities. And I would urge a 'no' vote."

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

"The Sponsor yields." 09700037.doc 51  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"The Chair recognizes the Gentleman from DuPage, Representative Randy Ramey."

"State your inquiry, Sir."

Speaker Lyons: "Representative, the parliamentarian usually addresses those from the legal perspective which and of course his to interpret and I wasn't here Representative…"

Speaker Lyons: "I'll let the parliamentarian address your inquiry, Sir."

"…do you want him to address your question, then you can talk, Randy?" 09700037.doc 54  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Okay. It's the parliamentarian."

"And Representative Ramey to the issue."

"Seeing no further discussion, Representative Rosenthal to close."

Speaker Lyons: "Ladies and Gentlemen, we've heard the explanation on the Bill. There's been a request for verification by Representative May. We ask all Members to please push only their own switch. The question is, 'Should House Bill 2045 pass?' This Bill requires 71 votes. 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? Zalewski, Smith, McCarthy, Harris, Acevedo. Mr. Clerk, 09700037.doc 56  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 take the record. On this Bill, there are 61 Members voting 'yes' and 48 Members voting 'no'. Represen… This Bill, having failed to reach a super Constitutional Majority, is hereby declared failed. Representative May, I assume you no longer want to pursue your verification since the Bill failed? Representative Jim Watson."

Speaker Lyons: "It's an Agreed Resolution, Representative. We'll just do it by acclamation, but if you want to speak to it yourself, go ahead."

"Jacob Tucker, congratulations on your God-given talents on an award well deserved, Jacob. We're proud of you in Illinois. All those in favor of the adoption of the Agreed Resolution signify by saying 'yes'; those opposed 09700037.doc 57  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 say 'no'. In the opinion of the chair the 'ayes' have it. And the Amendment… the Resolution is adopted. Representative Soto, for what purpose do you seek recognition?"

"Yes. Thank you, Speaker. Yes. House Bill 2045, I meant to vote… to vote 'no' on the Bill. I voted 'yes' by accident 'cause Representative Jerry Mitchell threw me off. Thank you."

"Representative, the Journal will reflect your request. Representative DeLuca, for what purpose do you seek recognition?"

"Thank you, Mr. Speaker. Will you please let the record reflect that on House Bill 1981 I intended to vote 'yes'."

"Representative, the Journal will reflect your request. Representative Cavaletto, for what purpose do you seek recognition, Sir?"

"Please proceed, John."

"Representative Cavaletto, I think you're going to testify that that would have been… it's a 50 inch 09700037.doc 58  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 vertical jump that young man has the capability for. We need a little more slam dunking around here, don't we?"

"Representative Phelps, for what purpose do you seek recognition, Sir?"

"A point of personal privilege."

"Please proceed, Brandon."

"Thank you, Mr. Speaker. I, too, want to reiterate what Representative Watson and Cavaletto said about Jacob. What a feat that is with all those people from all over the country to put southern Illinois, again, on the map. Jacob, congratulations on behalf of southern Illinois. Thank you very much."

"Representative LaShawn Ford, for what purpose do you seek recognition, Sir?"

"Thank… thank you, Mr. Speaker. And I, too, want to recognize Jacob Tucker. I'm watching his YouTube. Everyone should look. And plus I want to get my recognition in for him because one day he may be in the NBA and I still may be in the House and I want him to come get me. Thank you."

"When I'm out of the Chair, Representative, I'll come over to your laptop and view that feat. Thank you. Representative Phelps, on the Order of Third Reading, on page 25 of the Calendar, you have House Bill 2875. Read the Bill, Mr. Clerk."

"Representative Phelps."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2875 is an initiative of the Veterans Affairs. It allows Gold Star family members who are deemed eligible by the U.S. Department of Veterans' Affairs to enter Illinois veterans' homes. We're actually just going along with federal statute and there's no opposition."

"You heard the Gentleman's explanation on House Bill 2875. Is there any discussion? Seeing none, the question is, 'Should House Bill 2875 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 Jefferson, Lang. Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. …42… Representative Danny Reitz, you have, on the Order of Third Reading, House Bill 1703. Read the Bill, Mr. Clerk."

"The Gentleman from Randolph, Representative Dan Reitz."

"Thank you, Mr. Speaker. House Bill 1703 is an initiative of the Illinois Chamber of Commerce. It deals with pipelines. It basically says that it concerns the issuance of certificate of good standing. It authorizes a person to operate as a common carrier. I know of no 09700037.doc 60  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 opposition. We've worked out the language with the EPA. And I'd be happy to answer any questions."

"You've heard the Gentleman's explanation on House Bill 1703. Is there any discussion? Seeing none, the question is, 'Should House Bill 1703 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bost, Leitch, Morrison, Rose, Smith. Rose. Mr. Clerk, take the record. On this Bill, there are 88 Members voting 'yes', 23 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative John Bradley, on the Order of Third Readings, on page 23 of the Calendar you have House Bill 1391. Representative Bradley. Read the Bill, Mr. Clerk."

"Representative Bradley."

"This would keep funding for trauma centers, which is currently leaving southern Illinois in the southern Illinois area. We currently don't have any facilities that qualify for that. This would allow the emergency rooms that we have to access some of these funds which come from that area. I'd ask for an 'aye' vote."

"Thank you, Representative Bradley. Is there any discussion? Seeing none, the question is, 'Should House Bill 1391 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 09700037.doc 61  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 all voted who wish? Greg Harris, Representative Jones, Representative Mussman, like to be recorded? Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Sente, on the Order of Third Reading, on page 24 of the Calendar, you have House Bill 1871. Out of the record. Representative Tracy, on page 23 of the Calendar, you have House Bill 1549. Read the Bill, Mr. Clerk."

"Representative Tracy."

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

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

"The Sponsor yields."

"Representative, currently the law is that a person who's certified at the time in basic cardiopulmonary resuscitation is not liable for civil damages when that individual uses generally recognized standards to resuscitate someone in good faith and without compensation. Is that correct?"

"So this Bill, how does that change that standard? 'Cause you… I believe you said if they're trained. But my question is, do they need to be certified in CPR to get the benefit of this immunity or do they…"

"Okay. Well, that’s… Well, let me tell you, when I was 16 years old I was trained in CPR, but I haven't taken a course in 31 years. But I have been trained. Would I, and I'm not sure if I remember how to do it right, quite frankly. You know, I remember the doll we used, I think we called her Annie, we worked it, but it's been 31 years. Would I, then, be immune from any liability even if I haven't been certified and though my training was more than 30 years ago, would I be immune?"

"But… but being trained when you can help… that would help you determine whether they needed it. Perhaps they were just drunk and had passed out. Perhaps their heart had not stopped. Perhaps all you're doing is breaking their ribs."

"If you don't use… you can't kill somebody when you're lawyering, you hope. You hope."

"You might, but my question is, right now what you're basically doing with this Bill is you're changing the standard because right now you need to be certified to be exempt."

"I agree. Here's my point, I agree with you, but I just don't think that my training 31 years ago really qualifies me right now because I… Could we put like a time frame in here. If you've been trained in the last 10 years, the last 8 years, whatever the time frame might be. But I just think that anyone who was trained so many years ago, I think there has to be some refreshers. Even lawyers, we have to get continuing legal education or we can't keep our license."

"I agree with you and I really appreciate that because I think our first charge is to do no harm and I wouldn't… I want to make sure that we're not harming people. I do think this Bill will help save lives…"

"…but I also want to have some at least minimum level of training within a certain time frame. So, if you're willing to work with the Senate Sponsor, I'll support your Bill."

"But that's different. The defibrillator is different than the CPR."

"'Cause there already is immunity, I believe, for the defibrillator user."

"Okay. Thank you."

"The Chair recognizes the Gentleman from Cook, Leader Dan Burke." Burke, D.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Burke, D.: "Representative, I think you may be familiar with the fact that I'm the first Legislator to introduce legislation offering Good Samaritan exemption on the CPRs… or pardon me, on the AEDs."

"Representative Tracy to close."

"The question is, 'Should House Bill 1549 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative McAuliffe, Saviano, back row GOP. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Unes, for what purpose do you seek recognition, Sir?"

Speaker Lyons: "The Journal will reflect your intentions, Representative."

Speaker Lyons: "Representative Brauer on a Resolution. Congratulatory Resolution, Representative."

"Representative Brauer."

"Representative Roger Eddy on the Resolution."

"Representative Brady on the Resolution."

"Representative Senger on the Resolution."

"Representative Brauer." 09700037.doc 72  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Representative Brauer moves for the adoption of House Resolution 212. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair and by unanimous consent, the Resolution's adopted. Dr., God bless you and thank you for all your work on behalf of everybody in the State of Illinois. God love you, God bless you. Representative Lang, on the Order of Third Readings, on page 23 of the Calendar, you have House Bill 1530. Read the Bill, Mr. Clerk."

"Leader Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. This is the Bill we began to debate yesterday, House Bill 1530, regarding mental health parity. Just to reiterate, we're trying to comply with Federal Law. This creates no new health care mandate, does not require any employer under 50 to do anything at all. If they have a health care plan, they have to then offer… if they're going to offer mental health coverage, they have to offer mental health coverage with parity to physical health coverage. That's really all the Bill does. I think since yesterday many of you have been spoken to by the department. And I would strongly ask for your support and your 'aye' votes."

"Representative Eddy."

"Sponsor yields."

"We do not, Representative. If… if in the fullness of time it appears that it's necessary, I'm happy to let them do that in the Senate. But truly, I believe this Bill says exactly what it needs to say. I don't think any clarification is necessary."

"That's correct, Sir. You explained it much better than I did yesterday."

"That's correct. All… at its core what this Bill says is, if you have a policy that covers for physical health, it should cover for mental health in the same measure without discrimination against those who are mentally ill within the confines of the health care plan."

"Well, in what regard?"

"I don't believe that's the case, Sir."

"That… that is correct with the addition that this autism language is in the Bill and it does some definitions that… to put us in line with what the federal law does today and what it's going to do. Let's remember, there's already a federal mental health parity law that we're living under. The… what you would call Obama Care kicks in, in a couple of years, but this is putting us on a par with where the law is supposed to be today."

"This is a requirement for all if you have a plan. So an employer under 50 employees, if they don't have such a plan today, this is not a mandate for them to add a plan. There's no mandate here."

"As I suggested yesterday, Representative, when we passed our last mental health parity law in Illinois, probably a dozen years ago, and when they passed the federal plan, there were all sorts of insurance lobbyists and business lobbyists running all over Springfield, running all over Washington, D.C., talking about how there's going to be huge increases in premiums as a result of this. That did not happen then, it will not happen now."

"Well, that is true, but it's also in the best interest of this smaller group, particularly those with less employees, to make sure their employees are at work, to make sure they're healthy, to make sure they show up, to make sure that mental health issues do not get in the way of their productivity at work. That's what this Bill is all about at its core."

"I believe so." 09700037.doc 76  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Thank you."

"Representative David Leitch."

"It impacts all employers if they have a plan."

"Well, that's… that's the Federal Law. So, this is where we're trying to come into compliance with the Federal Law."

"That's correct, Sir."

"That's also correct."

"That is exactly the point of the Bill, Sir."

"Representative Tryon. Representative Tryon, do you wish to address this Bill?"

"Sponsor yields."

"No, I do not. First of all, in the Federal Law there's an exemption for insurance plans who believe that their own costs become exorbitant as a result of this, they ask for an exemption. That would be the first comment I would make. Second comment I would make is you seem to want to dismiss history. So these are exactly the same arguments that were made previously. Everybody who is on the business and insurance side and certain Legislators argued strongly that this would cause major increases, significant increases in health care plan costs because of the mental health coverage. And I'm here to tell you first, this Bill doesn't mandate that they have mental health coverage and, 09700037.doc 79  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 second, if they choose to have mental coverage all it says is it has to be on a par with physical health coverage. And because there will be more people productive at work, less absenteeism and all these other things and because we, I'm sure all 118 of us on this floor, believe that the mentally ill people deserve to have care and treatment and be taken care of whether we're just a person living in Illinois or even if we're an employer, this is something where we have to look back and look at the history. The history is that this argument was made before and the argument was wrong. History tells us the argument was wrong and it's wrong again."

"Except, Sir, there's no mandate in this Bill. There are zero mandates to anyone in this Bill."

"If an employer chooses not to have this coverage, then they choose not to have this coverage."

"I've made all the arguments I can possibly make to you about the cost, but this Bill should be about more than cost. One in four family members in Illinois have a mentally ill… one in four families in Illinois have a mentally ill family member. Mental illness is a real problem in this state and in this country and we have a responsibility in this Legislature to do something about that. This Bill does not require anyone to spend a single dime on anything they're not spending it for now."

"You can do that, Sir."

"Representative Reboletti."

"Sponsor yields."

"The answer is yes, Sir."

"Yes, the answer's yes." 09700037.doc 81  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"That's the point I've been trying to make, Sir."

"You know, I think we understand, Representative, that most Bills, particularly Bills of any controversy around here is always a work in process… progress until it gets to the Governor's desk. So, of course, I'll be happy to sit with any groups and discuss any issue in this Bill."

Speaker Lyons: "The Gentleman from Madison, Representative Kay."

"The Sponsor yields."

"He's not mandated to take the coverage, but if he does, he must do it at the same level."

"Can you repeat your question, Sir?" 09700037.doc 83  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"I can only go back to the argument I made previously. When we passed the Mental Health Parity Law that Illinois now has and when they passed the Mental Health Parity Law they passed in Washington, on both occasions there were lobbyists swarming both Springfield and Washington, D.C., saying the sky is falling, premiums are going up, businesses will close, they will cancel their insurance policies and all of that type of conversation. It didn't happen. Premiums did not go up. Premiums actually leveled off for those purposes and no business closed, no business that I'm aware of canceled their health care policy, but since they are not mandated to have this coverage, they can make that choice too." Kay: Okay. Let me come at this a different way. Would it not be fair to say that the estimates given of a $1.5 billion increase to small businesses, and this is an increase in premium payments, has some merit?"

"Well, I know their premiums have gone up, but there's the… but there's no evidence whatsoever that has anything to do with mental health parity. In fact, when the Congressional Budget Office studied this, their… their conclusion was that it had raised premiums approximately .4 percent, less than one-half of one percent."

"Sir, our understanding is that under Federal Law you may have a policy today that has caps, but Federal Law won't allow you to have caps going forward."

"The evidence is that moving forward or even moving backward people who have mental health issues have a high rate of absenteeism at work and a high level of physical illness that sometimes is psychosomatic and sometimes is real but comes from their mental illness. If we cover mental illness appropriately, these issues won't be out there; thereby, lowering, possibly, some of the health care outlays that insurance companies are undergoing today and that's why it begins to balance out." 09700037.doc 85  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"I can only go based on history and history tells me that there will no cost increase as a result of this Bill. Remember, there's no mandate in this Bill."

"No."

"Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. A question of the Sponsor."

"He awaits your question, Sir." Harris, D.: "Representative, would you say that an individual with mental health can eventually be cured?"

"I would say that some can be…" Harris, D.: "Well, wait a minute."

"…some cannot be." Harris, D.: "Well, rather… Excuse me. …with a mental illness, could eventually be cured."

"Some yes, some no, Sir." Harris, D.: "And I will concede your point that when it comes to mental health indeed, perhaps, there have not been any increase based on previous legislation, but I want to come back here to what we talked about yesterday which was 09700037.doc 86  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 specifically the provision in the Bill related to autism. Can autism be cured?"

"This is not an area of my expertise, Sir, but my understanding and if I'm wrong someone will tell me, my understanding is that it can be managed but cannot be cured." Harris, D.: "And I would agree it can be managed."

"So maybe you should have said that instead of asking the question." Harris, D.: "Well, but the point is and what I'm driving at is, of course, a person with a mental illness can be cured and thus not have the need for continuing medical expenses. Such is not the case with someone who has autism and those… those… the autistic problem is going to require potentially a lifelong need for medical services. And the provision in the Bill that troubles me regarding autism is we have changed the word from a maximum of $36 thousand in coverage to a minimum of $36 thousand in coverage, which leads me to believe that there is no cap on what has to be provided for services related to autism."

"Sir, under Federal Law today there can be no more caps on any of this." Harris, D.: "Well, I thought this was when Obama Care eventually came into place in its full-blown glory."

"That part of what you had referred to as Obama Care, that I would refer to as National Health Care…" Harris, D.: "Ah, but, Sir, in your earlier debate you actually used the term Obama Care, which I was surprised about." 09700037.doc 87  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Yes, but I… no, I said… I said what you had referred to as. At any rate, that part of the law has already kicked in, Sir, so insurance policies that have caps are fine until they expire, then there won't be any caps." Harris, D.: "Thank you very much for your answers. I have to come back and say how we can change a word from… from a maximum of coverage to a minimum of coverage turns things on its head. I can't see how we avoid the significant increase in costs, but I appreciate your answers."

"Representative Watson, am I safe in assuming that you want to yield your time to Representative Eddy? Representative Eddy."

"That's kind of what I've been trying to say here for two days, Sir."

"That would be correct." 09700037.doc 88  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 Eddy. Okay. And if it is something manageable we can. Once offered, as we go on if it's a benefit for employees, as we go on the only requirement we have to keep it, once we've offered it, is if we do continue to offer it, it must be at the same level."

"That is also correct."

"Correct."

"Well, Representative Lang, if your taking your Bill out of the record yesterday for clarification, obviously, it's cleared everything up. It's yours to close."

"Thank you. Well, I'm glad we did clear it up yesterday. Thank you, Mr. Speaker. I am absolutely sure that all 118 Members of the House believe that we have to do something to help people with mental illness, but I'm also sure that despite fears from business about what it might cost them or whatever they think is in this Bill, they would like to have healthy employees at the job. And I'm sure those of us who are parents would like to have mentally healthy people living in our homes with us. One in four families in Illinois have a mentally ill family member and Illinois is one of the lowest ranking states in America at taking care of mentally ill people. We're better than we used to be. We used to be about 49th; I think we're about 46th now. Yeah, for us. We can do a lot better. This Bill 09700037.doc 89  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 will not only help us get into line with the Federal Law, this Bill will allow us to have an ethical and moral compass that says that if you break your leg your insurance policy should take care it and if you have schizophrenia your insurance policy might take care of it, if your employer at least considers this to be an important thing that they want to cover in the insurance policy. There is no mandate. There is no additional cost. If you care about mentally ill people in our state, you need to vote 'yes' on this Bill. Please vote 'yes' on this important Bill."

"The question is, 'Should House Bill 1530 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? Coladipietro, Hays, Reis. Mr. Clerk, take the record. On this Bill, there are 72 Members voting 'yes', 39 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Tom Cross, you have personal privilege, Sir?"

"Welcome to Springfield. Enjoy your day. Proud to have you here. Representative Frank Mautino, I believe on the Order of Third Reading, you have House Bill 1444 on page 23 of the Calendar. Would you like to call that Bill, Representative? Read the Bill, Mr. Clerk."

"Leader Frank Mautino."

"Thank you, Mr. Chairman, Ladies and Gentlemen of the House. 1444 reduces the threshold number of shareholders from 400 to 200 in entities who are filing a federal report in lieu of the Procurement Code. This was brought to us basically… Mesirow and some of those other companies were caught in a disclosure… basically, they had more shareholders than the level that we had put into that law itself. So, they're asking for us to bring the exemption from 400 down to 200 for those entities. They still have to do the same federal filings and it's an accommodation that they had asked for at the time we did the procurement laws. From there, I know of no opposition."

"You've heard the Gentleman's explanation on House Bill 1444. Is there any discussion? Seeing none, the question is, 'Should House Bill 1444 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? Nybo, Williams, 09700037.doc 91  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 like to be recorded? Ann Williams. Representative Williams. Representative Nybo. Mr. Clerk, take the record. On this Bill, there's 79 Members voting 'yes', 30 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dave Winters, on the Order of Third Readings, on page 27 of the Calendar, you have House Bill 3458. Read the Bill, Mr. Clerk."

"The Gentleman from Winnebago, Representative Dave Winters."

"You've heard the Gentleman's explanation on the Bill. Is there anybody seeking discussion? The Chair recognizes the Gentleman from McHenry… The Chair recognizes Representative Burns, Will Burns."

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

"Sponsor yields."

"Representative, I'm just curious, is this design-build language for the park districts, is it… it is substantially similar or identical to the state's design-build Procurement Code language?" 09700037.doc 92  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Okay. Thank you."

"No further discussion? Representative Winters to close."

"The question is, 'Should House Bill 3458 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 Acevedo, Representative David Leitch. Representative Acevedo, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jack Franks."

"Thank you. I'd like the record to reflect on House Bill 1444 I intended to vote 'no' as I had in committee."

"The Journal will reflect your wishes, Sir. Representative Roth, for what purpose do you seek recognition?"

"Representative, the Journal will reflect your request. Representative Jakobsson, on the Order of Third Readings, you have House Bill 78. Mr. Clerk, the Bill was passed earlier? Representative Jakobsson, my list is not 09700037.doc 93  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 updated. My apologies and my congratulations to you on the passage of the Bill. Representative Verschoore, on the Order of Third Readings, on page 23 of the Calendar, you have House Bill 1292. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker. Let me pull this up. Let me get the file on this; I don't have the file. Thank you, Mr. Speaker, Ladies and Gentlemen. 1292 is an initiative of the Illinois Munici… Mechanical and Specialty Contractors. It amends the Contractor Prompt Payment Act to limit the retainage on construction contracts so no more than 5 percent can be withheld. But what this does is, they always hold a… a retainage on a construction job and what this would do is hold it to a minimum of 5 percent. I'd be happy to answer any questions."

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

"The Sponsor yields."

"Well, because… you know, on these bigger projects you're holding up a lot of the contractor's money and that's the reason for the Bill because, you know, like a 09700037.doc 94  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 million dollars. There's a lot… there's nothing to having a million dollar heating… plumbing and heating contract and when you're getting 10 percent, that's a hundred thousand dollars."

"Yeah, I understand your position, but… but like I said, the whole idea of this is so they won't have their money tied up. Sometimes that's money… a hundred thousand dollars is tied up for a year or longer, you know, on a long project."

"Right."

"Well, they brought the Bill to me asking… because you know, asking for some relief here and that's why… that's why I'm presenting it."

"Well, I've been around the construction trade for all my life and I think 5 percent is a significant amount of money and I think 10 percent is excessive. I think 5 percent is reasonable."

"I don't…"

"I don't… Representative, if there's no opposition to this Bill that I can see."

"On the sheet I had it didn't show any, but I guess there is someone that's opposed to it."

"Right."

"No, I don't, Representative. I'm sorry."

"Thank you."

"We have about six speakers. So, I'll put the timer on, on about three minutes and we'll go from there. Representative Lang, you're the next speaker."

"Thank you, Mr. Speaker. Ladies and Gentlemen, I rise in support of the Gentleman's Bill. I understand the argument that was just made by the previous speaker, but this Bill is more about jobs. So we've got lots of contractors out 09700037.doc 97  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 there and lots of subcontractors out there who need cash to hire people to do work, who need cash to buy materials to do work, and if they don't have the cash to… on very low and small profit margins to go out to be able to hire people to do the job or to buy the raw materials they need to do the job, the jobs won't get done. This is a protection of those small businesses. You know, I had that Mental Health Parity Bill before and I heard a lot of people talking about protection of small business. This is a protection of small business. This Bill protects those jobs. This Bill keeps those contractors and those small subcontractors working so that there's cash in the pipeline, so they can hire people, buy the materials and get the work done on time without having to lay people off. That's exactly what this Bill is about. This is a good idea to make sure that small business can prosper and do the work they're hired to do. So I recommend 'aye' votes, I recommend them very strongly. This is a very good Bill for job creation. Thank you."

"Representative Franks."

"Thank you, Mr. Speaker, to the Bill. And I appreciate what the previous speaker said, but I tend to agree more with Mr. Eddy on this Bill because I don't know why the State of Illinois continually thinks that we ought to be involved in private business transactions and why we are setting limits. These are independent organizations; they are private businesses who are very capable of negotiating the terms of their agreements on their own. This is an arbitrary reason to be… this Bill is arbitrary in the sense 09700037.doc 98  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 that it's not based on any reality. I sup… One of the previous speakers said that this is about jobs. Well, I would beg to differ because there are so many times when the lenders in these situations actually have to pick up the bonds because of the contractor or the developer or both going out of business. I think that we ought to leave the free market alone, let the parties decide for themselves and to quit micromanaging private businesses in the State of Illinois, quit reg… overregulating businesses in the State of Illinois and let… that's how we're going to have more business. We see from the Caterpillar chairman, just the other day when he met with the Governor, the problems that we have in this state are worker's compensation, it's a question of high regulation, it's a question of high taxes. This is the exact type of Bill that drives businesses out of this state. If we want to create jobs, what we ought to do is quit overregulating businesses and let them make their own decisions. Please vote 'no'."

"Representative Kay."

"Sponsor yields."

"Well, there's a statute… I think a statute now that requires 10 percent and this is similar to Bills in the 95th and 96th Session in the House that passed 103 to 3 in the 95th General Assembly and 112 to 1 in the 96th. So 09700037.doc 99  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 this is not a stranger in this House. I mean, it's passed both times. And what this does is it restricts the contractors. The banks will say this is it, it's either take it or leave it, so it kind of puts them in a predicament. So, with the 5 percent…"

"…it would be… and their profit margins range between 3 and 6 percent. So, that's why I think a 5 percent is a reasonable amount to hold in retainage."

"It could be, but if the banks… it puts the contractors in a bad position because the banks are the ones that… are the ones that dictate what they have to keep. So, they probably could, but like I said, the two previous General Assemblies it passed out of the House here. So, I don't see the problem."

"Yeah."

"It also allows the contractors to pay, you know, their employees, too, so… with the extra money."

"The Chair recognizes the Lady from Kankakee, Representative Lisa Dugan."

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

"Sponsor yields."

"Representative, I just wanted to make sure, as you said, the reason why it's 10 percent now and why it's not going to 5 percent. You said that they, the banks themselves are the ones that require the contractor to keep it at 10 percent. Is that…" Verschoore: Correct."

"Is that what I understand to be true?"

"Correct. Banks and the developers and this doesn't apply to any public works jobs, this is private industry."

"Well, it… And to the Bill, Speaker. I certainly understand and what some of the previous speakers have said, but I think back when retainage became 10 percent and when it was actually put into place, that money was held back from contractors. It was pretty much based on the fact that what it did was it addressed the profit, the profit that the businesses would make off of that job and so then to assure that the job got done so they made their profit, that 10 percent was thought to be the figure. I think what's happening now is many small businesses and businesses throughout this state to see some kind of profit 09700037.doc 101  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 at a level of 10 percent is unheard of. And what is now starting to happen with retainage is that profit margin has shrunk so much that part of that 10 percent that people were holding back for retainage is now the money that businesses need in order to, and I disagree with some previous speakers, to keep people working, to keep the job going and to be able to pay their payroll because profits are no longer at 10 percent. So, as we look at and also as far as the way contracts are done, contractors draw down on their job. What they do is they draw down, they give to the contractor… the general contractor the job and how far it's completed and what percentage is complete and they are paid on drawdowns based on the amount of work that has been done. So I think to say that 5 percent would end up putting anyone in a position of a job not being completed, that would be known as they draw down on that project throughout the working of that project. So, therefore, to think changing it to 5 percent, which unfortunately can't seem to be done in the market, is taking many small contractors businesses and it's taking them to where they can't even keep their employees working because their profit is no longer 10 or 12 percent. So with that being said, I hope that people understand that businesses in this state who are hurting need to be able to continue to do construction work and since everyone knows what percentage is already done before they pay them on their drawdown, the would know long before the end that 5 percent is not a problem at the end of that contract. So, therefore, I would like to ask for an 'aye' vote." 09700037.doc 102  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

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

"Representative Sacia will be our last speaker and then Representative Verschoore to close. Representative Jim Sacia."

"Representative Verschoore to close."

"Well, like I said, I think a 5 percent is a reasonable amount and like I said before that maybe back whenever this was set up 10 percent was a reasonable amount, but the profit range is now, according to this analysis, is between 3 and 6 percent. So I would just ask for an 'aye' vote."

"The question is, 'Should House Bill 1292 pass?' All those in favor signify by voting 'yes'; those opposed 09700037.doc 104  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Acevedo, Biss, Monique Davis, Hernandez, Smith. Representative Biss. Mr. Clerk, take the record. Representative Verschoore. 49 voting 'yes', 60 voting 'no', 1 'present'. Mr. Clerk, take the record. This Bill, failing to get the Constitutional requirement, is hereby failed. Folks, I'm going to go back and try to move some Bills from Second to Third Reading and cleanup the sheets that we started with this morning. So, I'll be working for the next few minutes anyways on Seconds to Thirds. That's if you're here to move your Bill from Second to Third. Representative Dan Burke, you have, on the Order of Second Reading, House Bill 1962 on Second Reading. Would you like to move that to Third, Representative? Mr. Clerk, read the Bill."

Speaker Lyons: "You want to hold that on Second Reading? Representative Burke, you also have House Bill 929. Read the Bill, Mr. Clerk. Read the Bill, Mr. Clerk."

"Dan, you have Amendment #1. You don't want to call the Amendment? Okay. We'll hold it on Second 09700037.doc 105  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 Reading. Representative Will Burns, try my luck, House Bill 203. It's on the Order of Second Reading. Out of the record. Representative Chapa LaVia, on the Order of Second Reading, you have House Bill 595. Linda Chapa LaVia, House Bill 595 on Second Reading. Do you wish to move that Bill to Third Reading? Hold that Bill on the Order of Second Reading. Representative Crespo, you have House Bill 2084, on the Order of Second Reading. Read the Bill, Mr. Clerk."

"Representative Crespo on Floor Amendment #2."

"Thank you, Speaker. Floor Amendment #2 does two things: first, it modifies the makeup of the task force; and secondly, it adds language requiring the General Assembly to vote on whether the recommendations from the task force should be adopted or not."

"You've heard the Gentleman's explanation on the Amendment. Is there any discussion? Seeing none, the question is, 'Should…' All those in favor of the adoption of Floor Amendment #2 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 Karen Yarbrough, for what purpose do you seek recognition, Ma'am."

"Point of personal privilege, Mr. Speaker."

"Please proceed."

"I'd like to ask the House to join me in welcoming former Representative David Miller back to the House."

"Welcome home, doctor. Good to see you. Yeah, if I can… Representative Mike Fortner, on the Order of Second Readings, you have House Bill 3371. You wish to move that Bill, Mike? Read the Bill, Mr. Clerk."

"Third Reading. Representative Jerry Mitchell, on the Order of Second Reading, you have House Bill 2401. Read the Bill, Mr. Clerk."

"Representative Mitchell on Floor Amendment #1." Mitchell, J.: "Thank you, Mr. Speaker. This is a technical Amendment that clears up a problem that we've had in the Charter School Bill."

"You've heard the Gentleman's explanation of Amendment #1. All those in favor of its adoption signify by saying 'aye'; those opposed say 'no'. In the opinion of 09700037.doc 107  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 the Chair, the 'ayes' have it. And the Amendment's adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Mike McAuliffe, on the Order of Second Reading, you have House Bill 3319. Read the Bill, Mr. Clerk."

"Hold that Bill on the Order of Second Reading. Representative Nybo, you have, on the Order of Second Reading, House Bill 1552. Read the Bill, Mr. Clerk."

"Representative Nybo on Floor Amendment #2."

Speaker Lyons: "You heard the Gentleman's explanation of Amendment #2. Is there any discussion? Seeing none, all 09700037.doc 108  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 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 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Sandy Pihos, you have two Bills on the Order of Second Reading, the first one being House Bill 3513. Representative Pihos? Read the Bill, Mr. Clerk."

"Representative Sandy Pihos on House Bill 3513."

"You've heard the Lady's explanation of the Amendment #3. Is there any discussion? 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 Amendment #3 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Sand… you also have House Bill 1079. Read the Bill, Mr. Clerk." 09700037.doc 109  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"The Representative on Floor Amendment #2."

"Is there any discussion on Floor Amendment #2? Seeing none, the question is, 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 Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Chapin Rose, you have House Bill 160 on the Order of Second Reading. Out of the record. Representative Rosenthal, on the Order of Second Reading, you have House Bill 3274. What's the status of that Bill, Mr. Clerk? Read the Bill, Mr. Clerk." 09700037.doc 110  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

Speaker Lyons: "Representative Rosenthal on Floor Amendment #2."

Speaker Lyons: "You heard the Gentleman's explanation on Amendment #2. Is there any discussion? Seeing none, the question is, all those in favor of adoption of Floor Amendment #2 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. Speaker… Mr. Clerk, anything else?"

"Third Reading. Representative David Reis, on the Order of Second Reading, you have House Bill 2093. Read the Bill, Mr. Clerk."

"Representative Reis on Floor Amendment #3." 09700037.doc 111  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"You heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #3 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Darlene Senger, you have House Bill 3156. Read the Bill, Mr. Clerk."

"Third Reading. Representative Hammond, on the Order of Second Reading, House Bill 2094. Representative Hammond. Norine, you want to move that Bill? Read the Bill, Mr. Clerk."

"Representative Hammond on Floor Amendment #2." 09700037.doc 112  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"You heard the Lady's explanation. On Floor Amendment #2, is there any discussion? Seeing none, the question is, 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 is adopted. Anything further, Mr. Clerk?"

"Third Reading. It's so nice and quiet. What's wrong with you people? Are you all right? Representative Tryon, on the Order of Second Reading… Is Representative Tryon on the floor? I don't see him. Okay, Democrats, heads up. On the Order of Second Reading is Representative Currie. On the Order of Second Reading, you have House Bill 2874. Read the Bill, Mr. Clerk."

"Third Reading. Representative Monique Davis, you have several Bills on Second Reading. The first one is House Bill 2086. Read the Bill, Mr. Clerk."

"Representative Davis on Floor Amendment #1." Davis, M.: "Thank you, Mr. Speaker. Floor Amendment #1 is based on, first of all, a request or information from Representative Rose that the original Bill was amending the wrong Section and he was absolutely correct. The second part of the Amendment allows any student, not just those at risk, to take part in alternative education if they're expelled or suspended. So, that took care of Representative Eddy's concern. And I just ask that we adopt Amendment #1 to Floor… to House Bill 2086."

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

"Third Reading. Monique, you also have Senate… House Bill 1544. Read the Bill, Mr. Clerk. Take that Bill out of the record. Representative Marlow Colvin, on the Order of Second Reading, you have House Bill 825. You want to move that Bill, Marlow, House Bill 825? Read the Bill, Mr. Clerk."

"Third Reading. Representative Naomi Jakobsson, on the Order of Second Reading, you have House Bill 2066. Read the Bill, Mr. Clerk."

Speaker Lyons: "Representative Naomi Jakobsson on Floor Amendment #2."

"Thank you, Mr. Speaker. Floor Amendment #2 is a very simple change. It says that the director of Department of Unemployment shall furnish the list to the Administrative Office of the Illinois Courts and the Administrative Office should then furnish the list to the County Board instead of saying that the office would furnish it to the County Board."

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

"Third Reading. Representative Chuck Jefferson, you have on the Order of Second Reading House Bill 3118. Out of the record. Leader Frank Mautino, you have a couple 09700037.doc 115  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 of Bills on Second Reading. The first one, Frank, is House Bill 1578. Read the Bill, Mr. Clerk."

"Representative Mautino on Floor Amendment #1."

"Thank you, Speaker. And I'm just getting my computer to reset here."

"Take your time."

"Okay. This is the legislation that's been brought forward by the park districts. Currently, if there are two separate levies that are out there, they want the ability and flexibility to use an unused levy so long as they stay under their total cap. That's what the Amendment does. Apprec…"

"Representative, did you present the Amendment? Excuse me. Any questions on the Amendment? 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 Amendment #1 is adopted. Mr. Clerk, anything further?"

"Third Reading. Frank, House Bill 3443? Read the Bill, Mr. Clerk."

"Representative Mautino, Floor Amendment #2."

"Thank you. Just trying to get my computer to catch up with you guys. Floor Amendment #2 was discussed in committee. And basically what this does is, the underlying Bill, it was a Bill put forward for Samaritan Ministries for their Need Sharing Program and in writing the Bill we actually exempted them from all insurance: auto, everything else. This says that they have to comply with the normal functions of the Insurance Code. The sharing ministries themselves would not be regulated as insurance, but they would have to follow the rest of the laws."

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

"Third Reading. Representative Karen May, you have, on the Order of Second Reading, House Bill 3253. Read the Bill, Mr. Clerk."

"Third Reading. Representative Rita Mayfield, you have House Bill 1937, on the Order of Second Reading. Is that Bill ready to go? What's the status Read the Bill, Mr. Clerk."

"Do you wish to move the Bill? Why don't you explain the Amendment, what the Amendment does, Representative."

"Basically, it's an agreed upon Amendment and it is… I worked it out with the Department of Human Services, food service workers Local 881 and the Illinois Retail Merchants Association. We had a rash of outbreaks of salmonella and other food-borne illnesses over the last year and we want to make sure that we're putting mechanisms in place to prevent that happening again. There is no opposition."

Speaker Lyons: "You've heard the Lady's explanation on Amendment #3. Is there any discussion? Seeing none, all those in favor of the adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, Amendment #3 is adopted. Mr. Clerk, anything further?"

"Third Reading. Representative Jack McGuire, on the Order of Second Readings, you have House Bill 3293. Read the Bill, Mr. Clerk." 09700037.doc 118  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Third Reading. Representative Deb Mell, you have, on the Order of Second Reading, House Bill 1251. Out of the record. Representative Mussman, on… you have, on the Order of Second Reading, you have House Bill 2889, Michelle. Out of the record. Representative Nekritz, Elaine. Representative Elaine Nekritz, you have a couple of Bills on Second Reading, Elaine. Do you want to move House Bill 1091? Hold that Bill on the Order of Second Reading. How about House Bill 3424, 3424? Out of the record. Representative Pat Verschoore. Representative Verschoore, you have on the Order of Second Reading, Pat, House Bill 1299. Read the Bill, Mr. Clerk."

"Third Reading. Representative Monique Davis, you do have House Bill 1544 on the Order of Second Reading. Read the Bill, Mr. Clerk."

"Third Reading. Representative Robyn Gabel, you have, on the Order of Second Reading, House Bill 1958 on Second Reading. Out of the record. Representative Jehan 09700037.doc 119  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 Gordon. Representative Gordon, you have two Bills on Second Reading, House Bill… House Bill 1384. Out of the record. You also have House Bill… Representative Gordon, you have House Bill 3469, 3469. Out of the record. Out of the record. Representative Mary Flowers, on Second Reading you have House Bill 287, on Second Reading. You want to move that Bill, Mary? Read the Bill, Mr. Clerk."

"Third Reading. All right, GOP, trying to catch you on the floor. House Bill… Representative Cole, you have House Bill 3109. Read the Bill, Mr. Clerk."

"Representative Cole, do you want Representative Fortner to do that Amendment or are you prepared to do it, your choice?"

"Representative Fortner, do you want to give us some insight on the Amendment?"

"You've heard the Gentleman's explanation on Amendment #2. Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #2 to House Bill 3109 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #2 is adopted. Anything further, Mr. Clerk?"

"Third Reading. We have some additional Bills. We'll keep moving on the Order of Second Readings, Ladies and Gentlemen. Repubs, heads up. Representative Patti Bellock, you have House Bill 1656. Read the Bill, Mr. Clerk."

"Representative Patti Bellock on Amendment #2."

Speaker Lyons: "You've heard the Lady's explanation on Amendment #2. Is there any discussion? 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 Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Rich Brauer, you have, on the Order of Second Reading, House Bill 3175. Read the Bill, Mr. Clerk." 09700037.doc 122  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Third Reading. Representative Brown, you have House Bill 3422 on the Order of Second Reading. Read the Bill, Mr. Clerk."

"Representative Brown, pending the fiscal note, we'll hold that Bill on the Order of Second Reading. Representative Sid Mathias, you have House Bill 3284 on the Order of Second Reading, Sid. You want to move it? Read the Bill, Mr. Clerk."

"Third Reading. Representative Mary Flowers, for what purpose do you seek recognition?"

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I know it's not polite to read the newspaper on the House Floor, but I couldn't help it but… because the headline says 'Bring Back Recess'. Bring back recess. Ladies and Gentlemen of the House, the children would like to have recess in the school. So, I just… This is not my Bill and I didn't have anything to do with this news article, but the headline is the push is on to bring back 09700037.doc 123  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 recess. Thank you very much. I appreciate you. Thank you. Thank you."

"Thank you, Representative Flowers, for bringing that to our attention. Thank you, Mary. Representative Renée Kosel. Is Renée on the floor? Representative Don Moffitt. Representative Osmond, House Bill 3012, 3012. You want to move that Bill? Out of the record. Representative Chapin Rose, on the Order of Second Reading, House Bill 161. Read the Bill, Mr. Clerk."

Speaker Lyons: "Third Reading. Representative Patricia Bellock, for what purpose do you seek recognition?"

"Please proceed."

Speaker Lyons: "Welcome to Springfield. Enjoy your day. Representative Hays, for what purpose do you seek recognition, Sir?"

"Please proceed, Representative." 09700037.doc 124  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

Speaker Lyons: "God help the Danville City Council, Representative, but wish him nothing but the best. They know what they're getting in Danville, though. Representative Rosenthal, you have House Bill 1914 on the Order of Second Reading. Read the Bill, Mr. Clerk."

"Third Reading. Representative Darlene Senger, you have, on the Order of Second Reading, House Bill 3129. Out of the record. Roger Eddy, you've got, on Second Reading, House Bill 192. Roger, you want to move that, 192? Representative Eddy, Roger. Read the Bill, Mr. Clerk."

Speaker Lyons: "Representative Eddy on Amendment #3, Floor Amendment #3."

"Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #3 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #3 is adopted. Anything further, Mr. Clerk."

"Third Reading. Okay, Democrats, on some Second Readings. House Bill 1291, Representative Dan Beiser. Read the Bill, Mr. Clerk."

"Third Reading. Representative Anthony DeLuca, you, on the Order of Second Reading, have House Bill 1309. No. Out of the record. Mary Flowers, you have, on the Order of Second Reading, House Bill 1476. Read the Bill, Mr. Clerk."

"Representative Flowers."

"Thank you, Mr. Speaker. I'm sorry, Mr. Clerk, what is the status of the Floor Amendment, please?"

"Mr. Clerk."

"Okay."

"So leave that Bill on the Order of Second Reading."

"Thank you."

"Representative Robyn Gabel, on the Order of Second Reading, you have House Bill 1665. Representative Gabel, House Bill 1665 on the Order of Second Reading? Out of the record. Representative Lisa Hernandez, Second Readings, House Bill 1241, 1241. Out of the record. Representative Tom Holbrook, you have House Bill 1953. Read the Bill, Mr. Clerk."

"Third Reading. Representative Naomi Jakobsson, you have House Bill 3045 on the Order of Second Reading. Hold that Bill on the Order of Second Reading. Out of the record. Representative Harry Osterman, you have House Bill 3634 on the Order of Second Readings, Harry. You want to move that? Out of the record. Representative Pat Verschoore, you have, on the Order of Second Reading, House Bill 1167. Do you want to move that Bill to Third Reading, Pat? Out of the record. Representative Karen Yarbrough in the Chair."

Speaker Yarbrough: "Representative Yarbrough in the Chair. Clerk, what's the status of House Bill 1760?"

"Third Reading. We're going to proceed to the Order of House Bills on Third Reading. Representative Rose, for what reason do you rise?"

"State your point."

"Happy Birthday, Representative Osmond and many more 25th birthdays. We're going to proceed to the Order of House Bills on Third Reading. House Bill 3076. Mr. Clerk, read the Bill."

"Out of the record. House Bill 3244. Mr. Clerk, read the Bill. Mr. Clerk, what's the status of this Bill?"

"Do you want to move that Bill back to the Order of Second Reading for the purposes of an Amendment?"

"Place this Bill on the Order of Second Reading, Mr. Clerk. Read the Bill."

"Representative Hatcher."

Speaker Yarbrough: "The Lady's moving for adoption of the Amendment. No one seeking recognition, the question is, 'Shall Amendment #1 to House Bill 3244 be adopted?' All those in favor say 'aye'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Mr. Clerk."

"Third Reading. Mr. Pritchard, you have House Bill 1589… 3257. Mr. Clerk, read the Bill."

"Representative Pritchard."

"No one seeking recognition… Representative Franks, for what reason do you rise."

"Thank you, Speaker. I thought we were still on Second Readings and I was daydream…"

"No, Sir, we are on Third Readings."

"I appreciate that. Well, I'd like to ask the Sponsor a few questions if you'll allow it. Thank you."

"He will."

"Yes, you may."

"You can refuse."

"Thanks. What does this Bill do?"

"Okay. So, it's basically pulling into like the Soldiers and Sailors Relief Act."

"When you say it's members of the military, does the Bill re…"

"Okay. Because I know there are certain prohibitions…"

"…from collecting against folks that are in the military, as there should be, so this would extend it to the Payday Loan Act?" 09700037.doc 130  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Well, thank you for allow… you know, allowing the Speaker to recognize me and to actually answer the questions and…"

"…it sounds like a very good Bill."

Speaker Yarbrough: "No one else seeking recognition, the question is, 'Shall House Bill 3257 pass?' All in favor vote 'aye'; those opposed vote 'nay'. 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 question, there are 109 'yeas', 0 'nays' and 1 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Beiser, you have House Bill 2861. Mr. Clerk, read the Bill."

"Thank you, Madam Speaker, Members of the House. House Bill 2861 as Amendment… as amended, amends the Wildlife Code and creates a new Section in that in a terminally ill hunter licensing program will be established in order to facilitate hunting and fishing opportunities for a terminally ill person at the discretion and the direction of the director of DNR."

"You've heard the Gentleman. No one seeking recognition, the question is, 'House Bill… shall House Bill 09700037.doc 131  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 2861 pass?' All in favor vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Colvin, Lilly. Mr. Clerk, take the record. And on this question, there are 109 voting 'yea', 1 voting 'nay', 0 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Chapa LaVia, you have House Bill 3440. Mr. Clerk, read the Bill."

"The Lady from Kane, Representative Chapa LaVia."

"Thank you, Madam Speaker. It should be on the Agreed Bill List. That's right, bark it up. Let me see what I'm doing here. This amends the School Code by extending the definition of service animals, so it would apply statewide also. House Bill 3440 amends the Guide Dog Access Act by changing the title of the Act and expanding the group of people who can have dogs and the groups of dogs covered and how they are identified. Having to do with hearing animals, a guide animal, an assistant animal, a seizure alert animal, a mobility animal, a psychiatric… psychiatric service animal, and an autism service animal. And I'll take any questions. Thanks."

"No one seeking recognition, the question is, 'Shall House Bill 3440 pass?' All in favor vote 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted 09700037.doc 132  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 who wish? Burke. Mr. Clerk, take the record. On this question, there are 110 'yeas', 0 'nays', 0 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Cunningham, you have House Bill 1906. Out of the record. Representative Dugan, you have House Bill 1513. Out of the record. Representative Farnham, you have House Bill 1726. Representative Farnham? Out of the record. Representative McAsey, you have House Bill 2938. Read the Bill, Mr. Clerk."

"Representative McAsey."

"Thank you, Madam Speaker, Members of the House. House Bill 2938 is an initiative of the Illinois Secretary of State. What this is doing is working to address the many specialty plates that we have on the road, particularly specialty plates when the numbers decrease in circulation to create an avenue by which the Secretary of State can notify the group with the… with the specialty plate and begin a process either to bring up the numbers or to discontinue issuance of that plate. There's also a number of other things within the Bill to deal with audit findings related to the administration of the funds that are collected for the various charities that have these specialty plates. I would ask for your 'aye' vote and would be willing to address any questions."

"You've heard the Lady's explanation. No one seeking recognition, the question is, 'Shall House Bill 09700037.doc 133  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 2938 pass?' All in favor say 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Leitch, Poe? Mr. Clerk, take the record. There are 110 'yeas', 0 'nays', 0 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mussman, you have House Bill 3506. Out of the record. Representative Lyons, you have House Bill 176. Read the Bill, Mr. Clerk."

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

"Thank you, Madam Speaker, Ladies and Gentlemen of the House. House Bill 176 was brought to me by FOP President Jim Simmons who's also an Illinois parole officer. We tried to run this thing last year and it didn't make it. We ran it this year and this creates the Illinois Department of Corrections Parole Division Offender Supervisory Fund as a special fund in the State Treasury that provides that a person who's convicted of any violation of the Criminal Code while on parole will have to pay an additional $25 in court fees. So, the original draft of this thing was a little messed up. We did the Amendment to clear up the Illinois State Police issue and the Clerk of the Courts issue on this thing. It's a Bill that comes to us from the people who are the end users, the parole officers. I'll be happy to answer any questions. And I'll ask for your 'aye' vote." 09700037.doc 134  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"You've heard the Gentleman's explanation. No one seeking recognition, the question is, 'Shall House Bill 176 pass?' All in favor vote 'aye'; those opposed vote 'nay'. 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 question, there are 110 'yeas', 0 'nays' and 0 'present'. This Bill, receiving a Constitutional Majority, is hereby declared passed. Representative Acevedo, you have House Bill 1855. Out of the record. Representative Acevedo, you have House Bill 2912. Out of the record. Representative Chapa LaVia, you have House Bill 1216. Read the Bill, Mr. Clerk."

Representative Chapa LaVia."

"Madam Speaker and Members of the House, we spent a lot of time on House Bill 1216. If there's any questions, please go ahead and ask me; otherwise, let's vote 'yes' on it and get it over to the Senate. Thank you."

"You heard the Lady's explanation of House Bill 1216. No one seeking recognition, the question is… Representative Eddy, for what reason do you rise?"

"The Lady said she will yield."

"She says she will."

"You've brought up an excellent point. I'm sorry. Let's slow down this debate for a second. I know a lot of my colleagues have received a lot of e-mails saying what this really isn't and that is the question of the day, Representative Eddy, is the fact that this commission will meet, they will have hearings throughout the entire state and get the local input. I think this is where consolidation efficiencies belong in the first place, but there'll be local debates, a local input. They will vote on the recommendations to us. We will get it and then we will vote on their suggestions. We, as policymakers, will take those suggestions and see if we'd like to produce policy from that. So, yes, you're correct. They will not have any policymaking authority. They're not giving us something that we'll vote on, it'll go… enacted into law and will consolidate the school districts. This is just basically for the group of the stakeholders at local… at a local level, if you will, at ground zero giving us their ideas, their suggestions on what consolidation might look like for different units and districts and efficiency suggestions on how we can work and facilitate more 09700037.doc 136  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 efficiencies in the system of the school districts. So, you're correct."

Speaker Yarbrough: "The Gentleman from Lee is recognized, Representative Mitchell." Mitchell, J.: "Thank you, Madam Speaker. Will the Sponsor yield?"

"She indicates she will." Mitchell, J.: "Representative, what will the commission be voting on?"

"Suggestions of recommendation as a group, what they come up with that they want to submit to us for a vote." 09700037.doc 137  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 Mitchell, J.: "Can you walk us through the procedure that will be used from the inception of the commission through the report back to the General Assembly?"

"Sure. Well, first we… all the positions will be put in place from their different perspective groups. A few from the Minority Leaders in both chambers, the Majority Leaders of both chambers, the Governor has two appointments. So we'll… and the different categories of individuals that'll be part of the commission, their groups will select one group to be at the table." Mitchell, J.: "What…"

"They will go through hearings…" Mitchell, J.: "…is the total number on the commission?"

"I'm sorry." Mitchell, J.: "What is the total number that will be on the commission?"

"Nineteen." Mitchell, J.: "Nineteen."

"And they will go through hearings throughout the state in different areas of the state. They will have a lot of input from experts in this state. The locals, the mayors, aldermen, schools boards, parents, students will have input on the consolidation efficiencies. They will vote on the recommendations that they see to be placed in a report to us. And the time frame… after their vote, they have 14 days then to submit it to the General Assembly. It'll start in the House and they will need to have us vote on their suggestions. And once we take that vote to take 09700037.doc 138  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 the recommendations, then we'll meet again and see what we'd like to take out of that for a possible policy." Mitchell, J.: "Okay. So… and so, basically it's an information gathering body that pools the information they find and then kind of chews through the information to come up with a set of recommendations."

"Correct." Mitchell, J.: "This set of recommendations then will be voted on by the body of the commission."

"Correct and…" Mitchell, J.: "Do… is there… does there have to be a clear cut majority on the recommendations?"

"Eleven out…" Mitchell, J.: "What happens…"

Chapa LaVia: "…eleven out of the 19 have to vote in the affirmative for the suggestion to get on the final paper that's given to us." Mitchell, J.: "How many?"

"Eleven of the 19." Mitchell, J.: "Okay. So…"

"Three-fifths of them…" Mitchell, J.: "Okay."

"…have to vote in agreement." Mitchell, J.: "So, if a recommendation is made, no matter how strongly by an individual group, if the commission itself does not vote in favor of it that recommendation won't be carried forward."

"Correct." 09700037.doc 139  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 Mitchell, J.: "Once a commiss… the recommendations are put together in a final report, and that is submitted to the Governor's Office and the General Assembly?"

"Correct." Mitchell, J.: "Do we then… are we obligated to vote on those recommendations? Do we need to vote to accept them or are they just simply accepted as most commissions are?"

"It has to be accepted in a Resolution." Mitchell, J.: "In a Resolution. Okay. Once that Resolution is accepted and the recommendations have been studied, is there anything in your Bill that says that the General Assembly must then vote on making those recommendations into law?"

Chapa LaVia: "No, absolutely not. They're only recommendations." Mitchell, J.: "Okay. So, we can vote to accept them, look at them, study them, table them, whatever it is the desire of the General Assembly?"

"Correct." Mitchell, J.: "Okay. Thank you."

"You're welcome. Thank you for the questions."

Speaker Yarbrough: "No one else seeking recognition, the question is… Or would you like to close, Representative?"

"No. I just want to thank especially the staff on the Republican and the Democratic staff for, the Elementary & Secondary and all the hard work they put in it and the accommodations that all our Members have made with their suggestions. I really do appreciate everything that everybody put in the hard work on this Bill. And I really 09700037.doc 140  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 think it's the right course of action to take at this time. And I would request 'aye' votes. Thank you."

"The question is, 'Shall House Bill 1216 pass?' All in favor vote 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Harris, Hays, Mell, Pihos. Mr. Clerk, take the record. On this question, there are 104 'yeas' 6 'nays', 0 'present'. This Bill, having received the Constitutional Majority, is now declared passed. Representative Nekritz, you have House Bill 3336. Mr. Clerk, read the Bill."

"Representative Nekritz."

"Thank you, Madam Speaker. It's a pleasure to say that. House Bill 3336 deals with deferred compensation plans and how they are treated by municipalities and school districts that offer such plans. What this Bill requires is that those public bodies will follow the Prudent Investor Rule which means that they must treat the money as their own and provide the lowest cost, highest value plan that is available."

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

"Not that I'm aware of. I don't think there's a… I don't… there's not a specific provision in the Bill that would do that."

"I have to admit, Representative, I don't know whether… I just don't know the answer to the question."

"And if you want me to take…"

Speaker Yarbrough: "Representative Eddy, are you seeking a ruling from the parliamentarian?"

"We'll get him down. Representative, you want to take the Bill out of the record?"

"I would be happy to."

"Out of the record. Representative Dugan, you have House Bill 1513. Read the Bill, Mr. Clerk."

"Representative Dugan." 09700037.doc 142  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Thank you, Speaker, Members of the House. House Bill 1513 is an initiative of the Illinois Municipal League to address an issue that they… was not covered in statute and it just talks about in the Wage Payment and Collection Act. Right now current law allows employers to deduct from wages of employees compensation and there's five different ways that they can now deduct money out of employees wages. What House Bill 1513 does with the Amendment is that provides an addition to the already permitted deductions, a wage deduction would be permitted if the result of an excess payment made by the municipality to the employee, but not limited to a typographical or mathematical error made by the municipality and to… or, 2) to collect a debt that's owed by the employee to the municipality. This, as far as I know, is an agreed to Bill. There were concerns from labor, so they sat down with the Illinois Municipal League and this was the Amendment I was given and everyone seems to be in agreement now with the Bill. So, I would be glad to answer any questions and would appreciate an 'aye' vote."

"You've heard the Lady's explanation. The Gentleman from McHenry, for what reason do you rise?"

"To ask the Sponsor a question, if I may."

"Indicates she yields."

"Thank you. Representative, under your House Amendment #1, this would provide for some due process for the…"

"Yes, it does."

"Okay. The original Bill did not have any due process." 09700037.doc 143  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Yes, the original Bill… I thank you for bringing that up… did not provide and we did put in Amendment #1, due process for the employee."

"And let me… and let me ask you about that due process as I think it just makes it a much better Bill and one that I can support. But what exactly is that due process? Let's assume that there was a mistake that the employee really had not been overpaid and the employee had done a significant amount of overtime and yet that was… and they… and she was paid for that overtime but for some reason the municipality would say, oh, we shouldn't have paid you for that. So could you please explain what the due process would be?"

"I understand and I probably can't explain it in complete detail, Representative, but I do know that the municipality has to certify the overpayment. And I think it's the same certification and due process that's already required in the Wage Payment and Collection Act for other things that they're able to get back from employees. So I don't know the exact details, but I do know that they have to certify and go through the pro… the due process."

"And I see that there is… they have the ability to dispute it, but they don't say how. I just didn't know where the… where the dispute would be, where it would be with an administrative law judge, whether it would be with the mayor if it's a municipality, whether it would even be in a Circuit court. If you could find that out, I'd appreciate that." 09700037.doc 144  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"I'll certainly, yes, check into that. And all I can go by, Representative, is when labor sat down because of that issue, they are the ones that actually helped draft it. So, it must be the way… the other way it's done, in other cases, is okay with them now."

"I'll look at it. If there's a problem, I'll let you know and we can fix it in the Senate."

"Thank you very much."

"Thank you."

Speaker Yarbrough: "No one else seeking recognition, the question is, 'Will House Bill 1513 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Colvin, Lilly, Ramey, Sommer. Mr. Clerk, take the record. On this question, there are 110 'ayes', 0 'nays', 0 'present'. And this Bill, receiving the Constitutional Majority, is hereby declared passed. Representative Jakobsson, for what reason do you rise?"

"Thank you, Madam Speaker. I rise for a point of personal privilege."

"State your point."

"I'd like to introduce and have the House give a nice warm welcome to some University of Illinois students who are up here in back of us. Please stand. They're over here letting us know how important higher education is and especially the University of Illinois. So, let's, please, give them a nice warm welcome."

Speaker Yarbrough: "Welcome to Springfield. Representative Hatcher, for what reason do you rise?" 09700037.doc 145  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"State your point."

Speaker Yarbrough: "Welcome to Springfield. Representative Osterman, you have House Bill 1296. Out of the record. Representative Holbrook, you have House Bill 3037. Mr. Clerk, read the Bill."

"Representative Holbrook."

"Thank you, Madam Chair. House Bill 3037 sets up a program where the commission can look into a standardized uniform of single billing for natural gas, if they use alternative suppliers. This is an initiative for some consumers. I know of no opposition. It passed out of committee unanimously."

"No one seeking recognition, the question is, 'Shall House Bill 3037 pass?' All in favor vote 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Acevedo, Lilly. Mr. Clerk, take the record. On this question, there are 110 voting 'yea', 0 voting 'nay', 0 voting 'present'. And this Bill, receiving a Constitutional Majority, is hereby declared passed. Representative Zalewski, you have a House Bill 3157. Out 09700037.doc 146  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 of the record. Representative Rose, you have House Bill 1521. Out of the record. Representative McAsey, you have House Bill 2069. Mr. Clerk, read the Bill."

"Representative McAsey."

"Thank you, Madam Speaker, Members of the House. This is a recurring issue that comes up every 10 years after we have the census numbers counted. It's an issue that was brought to me by one of the cities in my district, the City of Crest Hill. Based on the census figures it would require that they grow the size of their City Council, something that in these austere times they don't want to do. So what this would allow is for local control in municipalities to make that decision following the numbers. I urge your support."

"You heard the Lady's explanation. No one seeking recognition… Representative Osterman, what reason do you rise?"

"Will the Sponsor yield?"

"She indicates she will."

"This affects all municipalities in the city… in the State of Illinois?"

"This is actually… it's supported by the Illinois Municipal League. The specific language that we're putting into the legislation would affect municipalities, but would allow for them to have local control. By resolution, they would be able to opt in or opt out of what is already in the Municipal Code related to the census figure." 09700037.doc 147  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Does it affect the City of Chicago?"

"The… it makes an Amendment to the Municipal Code related to the requirement of how many aldermen certain cities must have. So, actually, no, it does not affect the City of Chicago."

"Thank you."

Speaker Yarbrough: "No one else seeking recognition, the question is, 'Shall House Bill 2069 pass?' All in favor vote 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Acevedo. Mr. Clerk, take the record. On this question, there are 110 'yeas', 0 'nays', 0 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative McAsey, you have House Bill 2935. Mr. Clerk, read the Bill."

"Representative McAsey."

"Thank you, Madam Speaker and Members of the House. House Bill 2935 is a very simple piece of legislation which changes the definition of electronic communication in both the cyber stalking and harassment through electronic communication criminal statutes. It brings our criminal statutes in line with the technology that we have. It changes from communication from a computer through the Internet to another computer to broaden the definition allowed for text messaging, things that are taking place on 09700037.doc 148  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 iPads, cell phones, those sorts of things. And I urge your support."

"No one seeking recognition, the question is, 'Shall House Bill 2935 pass?' All in favor vote 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Arroyo. Mr. Clerk, take the record. On this… on this question, there are 110 'yeas', 0 'nays' 0 'present'. And this Bill, receiving a Constitutional Majority, is hereby declared passed. Representative Mussman, you have House Bill 3591. Mr. Clerk, read the Bill."

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

"Thank you, Madam Speaker and Members of the House. House Bill 3591 amends the Chicago… Chicago Transit and Regional Transit Articles of the Illinois Pension Code to clarify that all individuals under the state's Pension Code shall be prohibited from receiving pension benefits if convicted of a felony relating to or arising out of or in connection with their job. This Bill simply applies the principle across all state employees and… who were originally left out of the previous reform package. So, I would appreciate an 'aye' vote for this clarification."

"Any further discussion? Seeing none, the question is, 'Shall House Bill 3591 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. 09700037.doc 149  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 103 'yeas', 5 'nays', 2 'present'. And on this question, this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lyons in the Chair."

"Ladies and Gentlemen, we're going to try and move some additional Second Reading Bills to Third Reading, so I'll try to stick with Republicans. We'll start with you and then Democrats we'll start with you, Bills on Second Reading to move to Third. See if you're in your seat, so we can try to move those Bills. Representative Kay Hatcher, you have two Bills on Second Reading, House Bill 3308 on the Order of Second Reading. Read the Bill, Mr. Clerk."

"Third Reading. Kay, you also have House Bill 3127, Representative Hatcher. Out of the record. Representative Don Moffitt, you have House Bill 1362 on the Order of Second Reading. Out of the record. Representative Sandy Pihos, you have two Bills on the Order of Second Reading, House Bill 1070, 1070. Read the Bill, Mr. Clerk."

"Sandy, do you want to hold that on Second Reading? Hold that Bill on the Order of Second Reading. Pihos, you also have House Bill 3219, 3219. Hold that Bill on Second Reading? Hold the Bill on Second Reading. Out of the record. Representative Reboletti, you have a Bill on Second Reading, House Bill 3431. Dennis, you want to move that Bill to Third Reading, 3431? Read the Bill, Mr. Clerk."

"Third Reading. Representative Mike Tryon, you have House Bill 309 on the Order of Second Reading. Read the Bill, Mr. Clerk."

"Third Reading. All right, Democrats, I have a few Second Readings to see if you want to move. Representative Kelly Burke. Is Kelly on the floor? Representative Hernandez. Representative Holbrook. Representative Tom Holbrook, you have, on Second Reading, House Bill 1368. Read the Bill, Mr. Clerk."

"Third Reading. Leader Lang, you have House Bill 3107 on the Order of Second Readings, Lou. Take that Bill out of the record. Representative Deb Mell, you have House Bill 3184 on the Order of Second Reading. Read the Bill, Mr. Clerk."

"Third Reading. Representative Pat Verschoore, you have two… two Bills on Second Reading, Pat. The first one is House Bill 2842, 2842. Out of the record. The second Bill is 3414, Representative. Read the Bill, Mr. Clerk, House Bill 3414."

"Third Reading. Representative Emily McAsey, for what purpose do you seek recognition?"

"A point of personal privilege, Mr. Speaker. Thank you, Mr. Speaker, Members…"

"Please… please proceed."

"Thank you. Thank you, Mr. Speaker. I would just like to acknowledge a couple of guests that are with us in the gallery this afternoon. The Lockport Township Supervisor, Judy Batusich and Lockport Township Assessor, Debbi Mason have joined us this afternoon. If we can welcome them to Springfield." 09700037.doc 152  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

Speaker Lyons: "Welcome to the Capitol. Enjoy your day. Representative Michael Zalewski, you have two Bills on the Order of Second Reading. The first one is House Bill 2067, 2067. Out of the record. The second Bill is House Bill 2991, 2991. Read the Bill, Mr. Clerk."

"Third Reading. Representative Hernandez, you have House Bill 2043 on the Order of Second Reading. Would you like to move that Bill, Representative, 2043? Read the Bill, Mr. Clerk."

"Third Reading. Representative Rich Brauer, for what purpose do you seek recognition, Sir?"

Speaker Lyons: "The Journal will reflect your wishes, Representative. Representative Patti Bellock, we have two Bills of yours on the Order of Second Reading, see if you wish to move one of them. House… first one's House Bill 1569, 1569. Out of the record. The second Bill, Representative, is House Bill 2942, 2942. Out of the record. Representative Mike Fortner, House Bill 3182 on the Order of Second Reading. Do you wish to move that Bill, Representative? Out of the record. Representative 09700037.doc 153  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 Ed Sullivan, for what purpose do you seek recognition, Sir?"

"Township officials, welcome to your Capitol. Representative JoAnn Osmond, for what purpose do you seek recognition?"

"Welcome, again, township folks, proud to have you at the Capitol. Representative Osmond, you do have, I believe, on the Order of Second Reading, House Bill 25… 2056, 2056. Read the Bill, Mr. Clerk."

"Representative JoAnn Osmond on Floor Amendment #2." 09700037.doc 154  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

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

"Third Reading. Mr. Clerk, what's the status of House Bill 1032. Read the Bill… read the Bill, Mr. Clerk."

"Mr. Clerk, hold that Bill on the Order of Second Reading. Ladies and Gentlemen, we're going to refer back to the Calendar now. We're going to go through some Order of Resolutions. So we're going to… we've got about a page and a half of these to do, so we will run on page 29 of the Calendar, if you want to follow through. Mr. Clerk, we have House Joint Resolution #13, Representative Riley. Is Representative Riley on the floor? Out of the record. On page 30 of the Calendar, Representative Jerry Mitchell, you have House Resolution 13. Mr. Clerk, House Resolution 13, Representative Jerry Mitchell." 09700037.doc 155  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Out of the record. Mary Flowers, on page 30 of the Calendar you have House Resolution 21. Representative Flowers."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Resolution 21 urges Congress to… to adopt the treaty in regards to the mistreatment… to eliminate women being mistreated across this country. And I would urge for its 'aye' vote."

"You've heard the Lady's recommendation on House Resolution 21. 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 House Resolution 21 is adopted. Mary, don't sit down, you have House Resolution 22. Representative Flowers on House Resolution 22."

"House Resolution 22 would merely celebrate the anniversary, the 46th anniversary of Medicare."

"You heard the Lady's Motion for the adoption of House Resolution 22. Representative Mussman, did you have a question on the Resolution? Your light's on. Seeing no discussion, all those in favor of the adoption of House Resolution 22 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 22 is adopted. Representative Michelle Mussman, you wanted to… a point of personal privilege. Please proceed." 09700037.doc 156  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Thank you, Mr. Speaker and Members of the House. I just wanted to take a moment to introduce some very special guests from back in my neighborhood who came down today. We are hosting Troop #392 that I share with Representative Crespo. And I would like to welcome some Pages on the floor. We have T.B. Lietz, Bobby Robaina, Dominic DeMore, Alex Adame, Dennis Adame, Henry Pritscher and Taggart Acks and their den leaders up there in the gallery behind me. If we could all just give them a warm Springfield welcome."

"Welcome to Springfield. Thanks for being here, enjoy the Capitol. Representative John D'Amico, on page 30 of the Calendar, Representative, you have House Resolution 47. Representative John D'Amico."

"…you, Mr. Speaker. House Resolution 47 just designates March 11 as World Plumbing Day. I urge an 'aye' vote."

"All those in favor of the adoption of House Resolution 47 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 47 is adopted. Representative Darlene Senger, for what purpose do you seek recognition, Ma'am?"

"Please proceed."

"Representative Senger's guests, welcome to your Capitol. Thank you very much for coming down. Enjoy your day. Representative Chapa LaVia, for what purpose do you seek recognition?"

"Yes, Speaker, a point of personal privilege and for an announcement. I'd like the…"

"Please proceed."

"Thank you, Speaker. I'd like the Members to welcome my Aurora Township Supervisor, Christina Campos up in the gallery. Say hi, Christina. You guys can do a better job than that, come on, especially my Republicans. Okay. And then also, since it was brought to my attention by my Republican friends, yes, tomorrow Elementary & Secondary Ed will be canceled. It is on the schedule, but is canceled for tomorrow. I know, I know, you guys love me."

Speaker Lyons: "Continuing with Resolutions, Ladies and Gentlemen, on page 30, Representative Biss. Is Representative Biss on the floor? I know his family was down here. Anybody seen Representative Biss? Representative Watson. Representative Watson, you have House Resolution 73. Did we do that earlier, Representative? House Resolution 73, Representative Jim Watson."

"All those in favor of the adoption of the House Resolution 73 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 73 is adopted. Representative Jack Franks, on the top of page 31, you have a Resolution #103. Representative Franks on House Resolution 103."

"Thank you, Mr. Speaker. This was brought to me by a constituent. And House Resolution 103 would resolve that the Illinois House of Representatives support the federal designation of National Explosive Ordinance Disposal Day to honor those who are serving and who have served in this noble and self-sacrificing profession of explosive ordinance disposal in the United States Armed Forces. Thank you."

"All those in favor of the adoption of House Resolution 103 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 103 is adopted. Representative Sara Feigenholtz, you have House Resolution 106. Representative Sara Feigenholtz."

"Thank you, Mr. Speaker. Last month there was some very alarming information coming out of some of the departments about some severe cuts that were going to take place very suddenly for FY '11. It was a 10 percent cut, I believe, relatively significant for the last quarter of FY11 which essentially would have resulted in a 40 percent cut. And we were basically telling a lot of our substance abuse mental health providers that within a week or two they needed to shut down their programs and close their 09700037.doc 159  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 doors. I believe that the advocacy efforts that took place on behalf of some of these providers is the reason that some of those cuts were averted, but I'm hoping that we are all tightening our belts and trying to figure out how we can manage through FY12. But again, this is a Resolution about FY11. And I'd be glad to answer any questions and appreciate your support."

"You've heard the Lady's explanation on House Resolution 106. 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 House Resolution 106 is adopted. Representative Jehan Gordon, you have, on page 30 of the Calendar, House… The House Resolution, Representative. Out of the record? Out of the record. Representative Sara Feigenholtz, do you rise for a point of personal privilege?"

"I do, Mr. Speaker. How telepathic of you to know that. I'd like to recognize… I'd like for everyone to welcome former House Member and former State Senator Howie Carroll to the floor of the Illinois House. Welcome."

"Senator Carroll, welcome home. Good to see you, Howard. God love ya. You look great. On page 29 of the Calendar, Representative Jehan Gordon has House Resolution 84. Representative Gordon."

"Thank you, Mr. Speaker. House Resolution 84 simply designates the month of April as the month designated to Parkinson's Disease and Parkinson's… Parkinson's Awareness because of the amount of people that suffer from the 09700037.doc 160  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011 effects of Parkinson's Disease in the State of Illinois. And I'm open for any questions at this point."

"Representative, I believe there's an Amendment on that Resolution. You want to adopt Amendment #2?"

"Yes. Yes, there is, Mr. Speaker. Thank you for bringing that to my…"

"Representative Gordon moves for the adoption of…"

"There we go."

"…Amendment #2 to House Resolution #84. All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 84 is adopted… Amendment #2 to House Resolution 84 is adopted. Anything further, Mr. Clerk?"

Speaker Lyons: "Representative Gordon also moves for the adoption of House Resolution 84. All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 84 is adopted. Representative Karen May. Is Representative May on the floor? Representative Karen May, I believe you have an announcement regarding COWL."

"Thank you, Speaker, Ladies and Gentlemen. One of our favorites at the Capitol is the Conference of Women Legislators Capital Capers. So, immediately after adjournment we will have anyone who's being on the creative team. We've got the great start, but anyone who wants to add their creative thoughts, in my office immediately after we adjourn. Thank you." 09700037.doc 161  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/6/2011

"Thank you, Representative. Representative Mike Tryon, for what purpose do you seek recognition, Sir?"

"Please proceed."

"Welcome McHenry County… McHenry County Township officials, welcome to your Capitol. Enjoy your day. Mr. Clerk, the committee announcements. We have a purple sheet with committee announcements so pay attention please, folks. Represen… Mr. Clerk."