Illinois House Floor Debate — April 7, 2011

Speaker Lyons: "Good Morning, Illinois. Your House of Representatives will come to order. Members are asked to please be at your desks. We shall be led in prayer today by Lee Crawford, the Pastor of the Cathedral of Praise Christian Center here in Springfield. Members and guests are asked to please refrain from starting their laptops and turn off all cell phones, pagers and rise for the invocation and for the Pledge of Allegiance. Lee Crawford."

Speaker Lyons: "We'll be led in the Pledge today by the Harrises. David and Greg, lead us in the Pledge." Harris, Greg & David - et al: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all." 09700038.doc 1  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"I've been waiting all Session to do that. Roll Call for Attendance. Leader Barbara Flynn Currie, Democrats."

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

"Leader Bost on the GOP."

"Thank you, Representative. Mr. Clerk, take the record. There's 114 Members responding to the Roll Call, we have a quorum. We're prepared to do the work of the people of the State of Illinois. And Mr. Clerk."

"Representative Barbara Flynn Currie, I believe you have a Motion?"

"Thank you, Speaker. I have. I would like to suspend the posting… I move to suspend the posting requirements so that Senate Bill 398 can be heard this afternoon in the House Revenue Committee."

"Seeing no objection, the posting requirements are waived. All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the 'ayes' have it and the posting is waived. Well, maybe I'll ease us into legislative agenda and we'll try to do some Seconds to Third. So, I'm going to be moving some Bills from Second to Third, go down the alphabetical list, start with some Democrats and then go to some Republicans. Representative Unes, for what purpose do you seek recognition, Sir?"

"Please proceed, Representative."

"Welcome Fulton County Farm Bureau. Have a great day at your Capitol. Representative Biss on the Order of 09700038.doc 4  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 Second Readings, on page 18 of the Calendar, you have House Bill 3424. Representative Dan Biss on the floor? Representative Bradley. Representative Dan Burke. Representative Burns. Representative Farnham, on the Order of Second Readings, you have House Bill 1264. Read the Bill, Mr. Clerk."

"Representative Farnham on Floor Amendment #1."

"Thank you, Mr. Speaker. It… Floor Amendment #1 clarifies the language of the… of the dollar amounts for the new district office allowances under the Bill."

"You've heard the Gentleman's explanation of the Floor Amendment. Is there any questions? 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 #1 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Chuck Jefferson. Representative Jefferson, on the Order of Second Readings, you have House Bill 3118. Chuck, 3118, you want to move that to Third? Out of the record. Representative Bob Rita, on page 7 of the Calendar, you have House Bill 1297 on the Order of Second Readings. Bob, you want to move that… you interested in moving that Bill to Third? 1297. I'm sorry. Rita, 1279. House Bill 1279. Read the Bill, Mr. Clerk." 09700038.doc 5  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"Third Reading. Representative Rita, you have several Bills on… on Third Reading, about three or four of them, Bob. House Bill 1394. 1394. Read the Bill, Mr. Clerk."

"Third Reading. Representative Rita, you also have House Bill 1634, 1634. Read the Bill, Mr. Clerk."

"Third Reading. The last of your Second Reading Bills, Representative Rita. On the Order of Rita, House Bill 1639. Read the Bill, Mr. Clerk."

"Third Reading. Representative Derrick Smith, you have, on page 4 of the Calendar, House Bill 700. You wish to read that? Read the Bill, Mr. Clerk."

"Representative Smith on Floor Amendment #1."

"Good morning."

"Good morning, Representative."

"I bring to the floor House Bill #700. This…"

"It's the Amendment, just explanation on the Amendment."

"Adopt Amendment #1. Amend to adopt Amendment #1."

"Is there… is it a technical Amendment or is it… want to give us some more information on it, Representative?"

"It seeks to limit the Social Security number when the state agency license professionals. Okay. It amends the Illinois Administrative Procedures to continue to require a new licensee to include his or her Social Security number when applying for the professional license. But then requires the agency as soon as practical to assign the person a customer identification number to be used on the subsequent… subsequent application or license renewal. It…"

Speaker Lyons: "All right, Representative. We've heard the explanation on the Amendment. Is there any discussion? Seeing none, all those in favor of the adoption of Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 is adopted. Anything further, Mr. Clerk?"

"There's a note on the Bill, Representative. So, we'll hold that on Second Reading 'til the note clears. Representative Phelps, on page 4 of the Calendar on Bills- 09700038.doc 7  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 Second Reading, you have House Bill 786 on the Order of Second Reading. Read the Bill, Mr. Clerk."

"There's a note on the Bill, Representative Phelps. We'll hold that on Second Reading. Representative Burns, on the Order of Second Reading, you have two Bills on Second Reading. The first is House Bill 1271 on page 7 of the Calendar, House Bill 1271. Read the Bill, Mr. Clerk."

"Representative Burns on Floor Amendment 3."

"Thank you very much, Speaker. Ladies and Gentlemen of the House, Floor Amendment #3 is an agreed Amendment between the Illinois Coalition Against Sexual Assault and the Illinois State Medical Society. What this Amendment does… the Amendment will become the Bill. And what it does is it prevents convicted sex offenders from having health care licenses. And it also provides for notification of patients if their doctor has been charged with a sex offense. I look forward to amending the Bill." 09700038.doc 8  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"You've heard the Gentleman's explanation on the Amendment. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Floor Amendment #3 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Dan Reitz, on page 7 of the Calendar, under the Order of Second Readings, you have House Bill 1297. Read the Bill, Mr. Clerk."

"Third Reading. Representative Zalewski, thanks for stopping in. We have a couple of Bills of yours. The first one on Second Reading is House Bill 2067. Out of the record. How about House Bill 1973? Read the Bill, Mr. Clerk."

"Representative Zalewski on Floor Amendment #2."

"One moment, Mr… Mr. Speaker, will you pull this Bill out of the record for one moment?"

"Mr. Clerk, on the request of the Sponsor, we'll pull this Bill out of the record. Okay. Republicans, I have some Second Readings. We'll see if you want to move them to Third. Representative Patti Bellock, on page 15 of 09700038.doc 9  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 the Calendar, you have House Bill 2942. Read the Bill, Mr. Clerk. Out of the record. Representative Mike Bost, you have House Bill 3019. Read the Bill, Mr. Clerk."

"Representative Mike Bost on Floor Amendment #2."

"You've heard the Gentleman's explanation. All those in favor of the adoption of 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 Brown, you have, on the Order of Second Reading, House Bill 3422. Read the Bill, Mr. Clerk."

"Third Reading. Representative John Cavaletto. John, you have House Bill 3489. Read the Bill, Mr. Clerk." 09700038.doc 10  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"Representative on Floor Amendment #1."

"You've heard the Gentleman's explanation. Any questions? Seeing none, 'Should Floor Amendment #1 be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Harris, you have, on Second Reading, House Bill 3499. Read the Bill, Mr. Clerk."

"Representative Harris on Floor Amendment 1." Harris, D.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 I ask that it be adopted. This is done in response to a suggestion made on the House Floor by Representative Burns. And I believe it's an agreed to Amendment. Thank you." 09700038.doc 11  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

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

"Third Reading. Representative Kay Hatcher, you have House Bill 3276. Read the Bill, Mr. Clerk."

"Third Reading. Representative Morthland, you have House Bill 3500. Read the Bill, Mr. Clerk."

Speaker Lyons: "Representative, is it your pleasure to do Amendment #2?"

"The Gentleman moves to withdraw Floor Amendment #2. And Mr. Clerk, Floor Amendment #3. Representative Morthland on Floor Amendment #3."

Speaker Lyons: "It is, huh? You've heard the Gentleman's explanation on Floor Amendment #3. Are there any questions? 09700038.doc 12  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 Seeing none, the question is, 'Should the Amendment be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Floor Amendment #3 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative JoAnn Osmond, you have House Bill 181. Read the Bill, Mr. Clerk."

"Representative JoAnn Osmond on Floor Amendment #1."

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

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

"Please proceed, Representative."

Speaker Lyons: "Welcome to your Capitol, enjoy your day. Representative Jim Sacia, you have House Bill 2836. Read the Bill, Mr. Clerk."

"Representative Sacia on 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. Representative Ed Sullivan. On Second Reading, Ed, you've got House Bill 2549. Out of the 09700038.doc 14  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 record. Mike Tryon, you have two House Bills on Second Reading. The first one is House Bill 1288. Read the Bill, Mr. Clerk."

"Representative on Floor Amendment #1. We read it and now you have to explain it. There you go."

"Happens to all of us, Representative."

Speaker Lyons: "Gentleman moves for the adoption of Floor Amendment #1. 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 the Amendment's adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Tryon, your other Bills are on Third Reading. So, we'll get to them when we go on to Third Readings. Representative Unes, you have 09700038.doc 15  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 House Bill 3611. Representative, you got House Bill 3611 on Second Reading. Read the Bill, Mr. Clerk."

"Representative Unes on Floor Amendment #1."

"You've heard the Gentleman's explanation. 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 the Amendment's adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Dave Winters, you have House Bill 2270 on the Order of Second Readings. Representative Winters. Read the Bill, Mr. Clerk."

"Representative Dave Winters on Amendment #2."

Speaker Lyons: "You've heard the Gentleman's explanation. Seeing no discussion, all those in favor of its 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. Anything further, Mr. Clerk?"

"Third Reading. Representative Dan Biss, on the Order of Second Readings, you have House Bill 3424. Dan, you want to move that Bill? 3424. Read the Bill, Mr. Clerk."

"Third Reading. Representative Monique Davis, you have two Bills on Second Reading, Representative. The first one is House Bill 1195. Read the Bill, Mr. Clerk."

"Representative Davis on Floor Amendment #4." Davis, M.: "Thank you, Mr. Speaker. Floor Amendment #4 just asks that those who use police dogs have them trained in a certified location. There was a recent article in the 09700038.doc 17  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 Chicago Tribune that showed that many of the dogs were not… they were sniffing improperly and having false positives. So, the certification board that already exists would do the training for the police dogs. They will also record the sniffs similar to what they do in racial profiling. And they would let… well, they would record whether that sniff was a positive or negative and if further action were required."

"You've heard the Lady's explanation of Floor Amendment 4. All 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. Monique, you also have House Bill 159. Read the Bill, Mr. Clerk."

"Representative Davis on Floor Amendment #3." Davis, M.: "Thank you, Mr. Speaker. This is an agreed Bill with the Department of Financial and Professional Regulation and the currency exchange industry. And the purpose of the Bill is to bring their services up to the standards of 2011. The currency exchanges at this current time have a minimum amount that they pay to the state for the licensing and so 09700038.doc 18  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 forth. And what this Amendment does, it graduates the rate of improvement that the Department of Financial Institution will recover."

"You've heard the Lady'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. Mary Flowers, on the Order of Second Reading, you have House Bill 1476. Out of the record. Representative John Bradley. Representative Bradley. Representative LaShawn Ford, you have several Bills on Second Reading. Representative, the first one is House Bill 139. Read the Bill, Mr. Clerk."

"Representative Ford on Floor Amendment #2."

"Thank you, Mr. Speaker and Members of the House. I move for the adoption of Floor Amendment #2. Floor Amendment #2 simply states that… it amends the School Code to allow students to… who performs below grade level for two or more consecutive years to have the option to take summer school classes with the emphasis on reading and math. And at this point, there… there's no opposition." 09700038.doc 19  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"You've heard the Gentleman's explanation on the Amendment. No one seeking discussion, the question is… all those in favor of the adoption of Amendment #2 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. LaShawn, you also have House Bill 1600 on the Order of Second Reading. Read the Bill, Mr. Clerk."

"Representative Ford on Floor Amendment #1."

"Floor Amendment #1… House Floor Amendment #1. I move to adopt Floor Amendment #1 to House Bill 1600. Thanks."

Speaker Lyons: "You've heard the Gentleman's explanation. Representative Eddy questions on the Amendment."

"Sponsor yields."

"Yes. And can I… can I just say, Representative, we spoke about taking this back to committee and I just want to go 09700038.doc 20  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 on record to say, if we could just debate it right here so that in the… because of time."

"Yes."

"I think the conversation should continue and we should debate it on Third so that the people of Illinois understand that we're trying to do what's best for them."

"You've heard discussion on the Amendment. All those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 09700038.doc 21  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

Speaker Lyons: "Third Reading. Representative John Bradley, you've got two Bills on the Order of Second Reading. The first one is House Bill 1152. Representative Bradley. Read the Bill, Mr. Clerk."

"Representative Bradley on Floor Amendment #1."

"This is essentially a technical change, passed out of committee yesterday. I'd ask it be adopted and then moved to Third."

"All those in favor of the adoption of Floor Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. John, you also have House Bill 1426. Read the Bill, Mr. Clerk."

"Representative Bradley on Floor Amendment #3." 09700038.doc 22  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"Again, this is a technical cleanup. A concern came up in committee we addressed. I'd ask it be adopted and moved to Third."

"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. Karen May, on page 6 of the Calendar, Second Readings, you have House Bill 1138, 1138. Out of the record. Kevin McCarthy. Kev, you've got House Bill 3375 on the Order of Second Readings. Read the Bill, Mr. Clerk."

Speaker Lyons: "Representative McCarthy you have two Amendments. Floor Amendment #1. Two Amendments approved, Kevin, out of committee. So, you 1 and 2. What's your pleasure?"

"I don't wish to call Floor Amendment #1. Floor Amendment #2 is the Bill."

Speaker Lyons: "Okay. Kev, do you want to withdraw Floor Amendment #1 and proceed with Floor Amendment #2?"

"Yes, please. Yes, please, Mr. Speaker."

"The Gentleman moves for the withdrawal of Floor Amendment #1. All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 09700038.doc 23  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 'ayes' have it. Floor Amendment #1 is withdrawn. And Representative McCarthy on Floor Amendment #2."

"Thank you, Mr. Speaker. Floor Amendment #2 does gut and replace the Bill, so this does become the Bill. Floor Amendment 2 amends the Teachers Retirement System statutes so that the 90-day exception… or the 100-day exception that they have as far as they can take on work in a pensionable position without affecting their pension would be changed so that they cannot do that in order to use two contracts of 90 days or less in order to fulfill a full-time position. The Bill was unanimously supported in committee this morning and I would appreciate adopting the Amendment so that we could move forward."

"Is there any discussion? Seeing none, all those in favor of the Amendment… 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. Anything further, Mr. Clerk?"

"Third Reading. Representative Mike Zalewski, I believe you're ready on House Bill 1973? What the status of that Bill, Mr. Clerk?"

"Representative Zalewski on Floor Amendment #2."

"Thank you, Mr. Speaker. I apologize to the Chair for the earlier confusion, I wasn't aware it was a Floor 09700038.doc 24  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 Amendment. This Floor Amendment simply removes real estate appraisers from the Bill. I ask for an 'aye' vote. Or I ask to move… adopt the Amendment."

"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 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Tim Schmitz, you have, on the Order of Second Reading, House Bill 2555. Out of the record. On the Order of Second Readings, Representative Dwight Kay, you have House Bill 2607 on Second Reading. You want to move that Bill, Representative? Read the Bill, Mr. Clerk."

"Representative Kay, you want an explanation on Floor Amendment #1. What does the Amendment do?"

"You've heard the Gentleman's explanation on Floor Amendment #1. All those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the 09700038.doc 25  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

Speaker Lyons: "Third Reading. Representative Nekritz, you have, House Bill 1091 on the Order of Second Reading. Out of the record. How about House Bill 585, Elaine? Out of the record. Representative Ann Williams, thanks for stopping in, Representative. We have two of your Bills on Second Reading. House Bill 2903. Out of the record. How about House Bill 785, Representative Williams? Ann? 785. You have another Bill on Second Reading. 7-8-5. Second Reading. Read the Bill, Mr. Clerk."

Speaker Lyons: "Would you be gracious enough to explain Amendment #3… Floor Amendment #3, Mr. Clerk?"

"Third Reading. Mr. Clerk, what's the status of House Bill 1600?"

"Move that Bill back to the Order of Second Reading at request of the Sponsor. Representative Ron Stephens, for what purpose do you seek recognition, Sir?" 09700038.doc 26  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"You were… you were missed, Representative. Hope you're feeling okay? Good."

Speaker Lyons: "Those in favor of Representative Stephens' point of order signify by saying 'yes'; those opposed say 'no'. And Representative Sosnowski, let this be a lesson to you on orange slices. Have you learned your lesson regarding orange slices, Representative? Okay. Representative Ford, for what purpose do you seek recognition, Sir?"

"Thank you, Mr. Speaker. I have found common ground with Representative Stephens and I want everyone to know that the Democrats… a Democrat has found common ground with him. I agree with him. Thank you." 09700038.doc 27  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"There you go. All right, Ladies and Gentlemen, we're going to Third Readings and we'll start alphabetical, starting with a few of the Democrats. Representative Kelly Burke, on the Order of Third Readings, you have House Bill 3365. Read the Bill, Mr. Clerk. What's the status of that Bill, Mr. Clerk?"

"Representative, you have an Amendment pending on that Bill. Do you wish to move it back to Second Reading for the purpose of adopting that Amendment?" Burke, K.: "Mr. Speaker, I didn't hear you. I'm sorry."

Speaker Lyons: "You have that Bill on the Order of Third Reading, but there's an Amendment… Amendment #1 has been approved for consideration. Do you want to move this Bill from Third back to Second for the purpose…" Burke, K.: "Yes, please."

"Mr. Clerk, move that Bill back to the Order of Second Reading for the purpose of an Amendment. And the status of the Bill, Mr. Clerk?"

"Representative Burke on the Amendment." Burke, K.: "The Amendment omits the offense of violation of an order of protection from one of the categories of offenses in the Bill. And I move that it be adopted." 09700038.doc 28  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

Speaker Lyons: "You've heard the Lady's explanation on Amendment #1. 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. Representative Currie."

"Thank you, Speaker. Earlier I excused Representative Soto, but in fact she was here. Now, however, she has left and she's going back to the district for legislative business. So, please excuse Representative Soto for the remainder of the day."

"Mr. Clerk, so ordered. Representative Chapa LaVia, on the Order of Third Readings, you have House Bill 2870. Read the Bill, Mr. Clerk."

"Representative Linda Chapa LaVia."

Chapa LaVia: "Thank you. Inquiry, Speaker. Is the House Amendment #2 out of Rules?"

"Mr. Clerk."

Speaker Lyons: "We adopted… your Amendment was adopted yesterday, Representative."

"Thank you."

"You're ready to go."

"And I'd like to comment that you're missing a cap up there, Speaker, the Cubs hat. You have a Sox hat. I 09700038.doc 29  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 would request that you get a Cubs hat also. I know order, order, order but you know."

"Representative, when you… when you get to speak in the Chair you can bring your Cubs hat, but today's…"

"Ohhh."

"…today is the White Sox opener."

"Wow."

"So, I'm glad that you noticed that."

"Wow."

"So, no disrespect…"

"Cubbie fans throughout the state…"

Speaker Lyons: "…no disrespect meant to the Cubs or the Cardinals."

"…I was looking out for us. You know, I tell you, no respect. So, we have House Bill 2870 which… which takes… installs a mechanism for the State Board of Education to collect data on students which have parents that are deployed in… in the United States Army, Navy, Marines, et cetera, et cetera and gives information so if there is any issues as far as children going through depression, post traumatic stress because of their parents deployment, things like that. So, the mechanism can be caught and used to help provide the services that they deserve and need. It was brought to me through the military… I mean, I'm sorry… the Illinois Association of School Workers, Social Workers, Easter Seals, et cetera. You can see all the proponents there. There is no opposition. And I would request an 'aye' vote and I'll take any questions." 09700038.doc 30  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"You've heard the Lady's explanation of House Bill 2870. Is there any discussion? Seeing none, the question is, 'Should House Bill 2870 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 Dugan, Rita, Verschoore, would you like to be recorded? Mr. Clerk, take the record. On this Bill there's 114 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Marlow Colvin, on the Order of Third Readings, on page 24 of the Calendar… 21 of the Calendar, you have House Bill 825. 8-2-5, Marlow? Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Marlow Colvin."

"Thank you, Mr. Speaker. I have for the House to consider House Bill 825 which is quite simple in its premise. And when we had the Bill in committee, I won't necessarily say there was a misunderstanding, but clearly what I'm trying to accomplish here I think was a little misconstrued. So, essentially here's the idea. Let me tell you what the Bill provides. The Bill would provide that in every residential establishment in the State of Illinois that there is a carbon monoxide detector within 15 feet of the passenger entrance into the home where the garage door is located. So, that door that's attached to… in an 09700038.doc 31  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 attached garage facility where that door is physically attached to the home that there would be a carbon monoxide detector within 15 feet of that door. The reason we're doing this was as a result of a couple of high profile cases in Florida and another one here in the Midwest where individuals have inadvertently left their cars running in their garages and family members have went to sleep and have either died or have experienced very serious carbon monoxide poisoning. Now, currently the law in Illinois provides that a carbon monoxide detector would be within 15 feet of the sleeping quarters. So, what we're talking about are bedrooms. And if we're talking about a two-story home or a multi-level apartment building that those smoke detectors… that those carbon monoxide detectors be within 15 feet of the… the bedrooms. Oftentimes, in a number of dwellings where someone may have gone asleep or someone in a basement or whatever have fallen asleep that those carbon monoxide detectors that are on the second or third story of a home won't necessarily detect those carbon monoxide poisonings. And that's exactly the case and I was in committee I knew of one family, but it's actually two families in the State of Florida where this has been the case. Where family members have fallen asleep in places other than the bedrooms and have… were succumbed to carbon monoxide poisoning and has either killed or folks have gotten significant carbon monoxide poisoning. So, this Bill essentially says one simple… very simple thing. Is that those individuals in dwellings where there are attached garages that a carbon monoxide detector would be placed 09700038.doc 32  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 within 15 feet of the garage door. I'll be happy to answer any questions by Mr. Bost."

"Representative Bost."

"Sponsor yields."

"Current law provides that all homes have carbon monoxide detectors within 15 feet of the bedrooms."

"Well, I think, oftentimes… well, I don't know if there is a mechanism where it is done. Oftentimes, in home inspections during sales or when a new facility is being built that is being inspected by a municipality they may make sure of those certain things. But there is nothing that would compel the homeowner other than the safety of his own family to get fire detectors, smoke detectors and make sure they're working properly."

"Other than the… other than the force of law."

"Representative Brady." 09700038.doc 34  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"Sponsor yields."

"That's correct, Representative. And Representative, and you did have some reservations. And if I might for just a second, to the previous speakers remarks. When he remarked that what I saw it on TV. What I saw on TV are people who lost their lives not through some willful negligence because they fell asleep in the wrong place in their homes where the carbon monoxide detectors that were in their home did not pick up the carbon monoxide because had it been located in the kitchen, which is right off the garage door it would have alerted the family that a vehicle was running in the garage. And thus, they were exposed to carbon monoxide earlier someone would have recognized the problem and would have corrected it. We're not changing any law that doesn't already exist here. We're not saying that we're going to have inspectors going into your home and making sure that you have working carbon monoxide detectors. Just like this General Assembly at one point… at one point mandated that individuals put smoke detectors in their homes, this is simply about saving lives. And forgive me if I think that part of our job down here is to do what we think is in the best interest in a very minimally invasive way. To suggest that we have carbon monoxide 09700038.doc 35  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 detectors in our homes in a way that… in places where carbon monoxide risks are greatest, I don’t necessarily see that as some willful mandate that we… or some unburdensome mandate that we're placing on the people of the State of Illinois. What we're simply doing here in this is trying to codify what's… or recodify what's already in the law. And right now, Illinois law says you have to have a carbon monoxide detector in your home. What this Bill simply says is that why we don't we place it in those… in those dwellings where the risk of carbon monoxide poisoning by automobiles are greatest."

"That's exactly right, they were."

"But I… but I…"

"I… I didn't hear that last part."

"No, I don't have any hard facts or numbers. But I… is it… I guess the question you're essentially asking, well 09700038.doc 36  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 maybe I'm a little… maybe I misunderstood what your question is and what your drilling down to here. Is… do I have…"

"…are you asking, have I seen any evidence of whether or not these carbon monoxide detectors not being in these places that this Bill would suggest that they would be…"

"…as the previous speaker mentioned where I because 'saw in on TV' was two families that lost family members and these… both of these homes had carbon monoxide detectors. One was located on the second floor, the other one was located on the third floor of two different homes. Now, I wouldn't… I wouldn't think that a home with attached garage would be any different than a home with a detached garage here in the Midwest versus Florida. All I see here is an opportunity for us to tighten up a policy that would save lives. That would potentially save lives. There's no question that these devices save lives but I think it's how you implement them and how you place them will somehow make the difference on whether or not they actually do that."

"Well, I… I think that clearly… I don't have any hard and fast numbers, but clearly the reason we have carbon 09700038.doc 37  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 monoxide detectors in our homes suggest the fact that these accidents do happen."

"The reason we have these is just the same I think with fire… with smoke and fire detectors in the same fashion is that the great thing about having these devices and that if they're working and they're properly placed is that we can avoid these tra… tragedies. This is a preventive measure. And once again, this Bill does not provide any penalties, there's no inspectors who are going to go in your home. I totally reject this whole idea…"

"…of more government or big government. It simply suggesting that we… we make sure that our families are protected in this fashion."

"Thank you."

"Representative Colvin to close."

"Again, I… I do appreciate the spirited debate, discussion on this issue. And before we take the vote, I would just like to say once again that we're simply recodifying what's already in existing law that carbon monoxide… carbon monoxide detectors in homes are already the law of the land. What we're saying here in instances where there are attached garages, where people who live in second and third or multistory dwellings that have attached garages, that we simply place these where we also deal with the risk of carbon monoxide that come from a source other than a heater or a air conditioner in the home. This is a preventive measure that if they were placed properly in those homes in the State of Florida it would have saved lives. Let's be proactive and simply make a small change in already existing law to make sure we protect and avoid any tragedy and as such. I'd appreciate an 'aye' vote. Thank you."

"Further discussion? All those in favor of the passage of House Bill 825 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Brauer, Currie, Jakobsson, May and Saviano. Jakobsson, Skip. Mr. Clerk, take the record. Representative Colvin."

"Mr. Speaker, if you could put it on Postponed Consideration." 09700038.doc 39  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

Speaker Lyons: "Mr. Clerk, put this Bill on the Order of Postponed Consideration. Representative Rich Brauer, thank you for your patience. You have a point of personal privilege. Representative Brauer."

"Welcome to your Capitol, your Honor, proud to have you here. Representative Bradley. Mr. Clerk, what's the status of House Bill 1032?"

"Mr. Thapedi on the notes."

"Yes. Mr. Speaker I have requested specific notes that I thought that were relevant to House Bill 1032. We've done some additional research and I'd move to withdraw all the notes that I filed requests for yesterday."

Speaker Lyons: "Gentleman moves to withdraw all notes. So moved. Representative Eddy."

"Representative, we haven't called the Bill yet. We just removed the notes, Roger. We haven't called the Bill yet."

"Representative Thapedi removed his notes that he had on the Bill."

"So, I'll call you… you'll be first up after John does the Bill or do you have a question Representative Eddy?"

"No, we haven't done that yet. We just took the… Representative Thapedi had notes on the Bill, we removed them. He withdraw his notes on the Bill."

"The Bill… the Bill is on Second Reading."

Speaker Lyons: "So, we… we read the Bill. And recognized Representative Thapedi to remove his notes."

Speaker Lyons: "And now the Amendment is going to be recommended by… the Clerk will say…"

"Yes."

"So, Mr. Clerk, the status of the Bill? Roger, I'll be right back to you."

"Mr. Clerk, status of the Bill?"

"Representative Bradley on the Amendment."

"It would be my intention to adopt the Amendment, move it to Third and then debate the Bill. It's been read a second time, have a floor debate on the Amendment which becomes the Bill. That would be my intention. I would move for the adoption of the Amendment, have the debate of this very important issue on Third."

"All right, Representative… Representative John Bradley moves for the adoption of Amendment #1. Representative Eddy, are you… you want to ask a question or you want to wait 'til it's on Third Reading?"

"Representative Eddy."

"It repeals the Workers' Compensation Act. It sends all of the courts cases as of January 1 of next year into the Circuit Courts. The State of Illinois in 1910, 1911 as 09700038.doc 42  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 a response to the Cherry Hills Mining Disaster created the Workers Compensation Act. The Workers' Compensation Commission, the Workers' Compensation System, the Workers Compensation Act is a creature of the Legislature. It is a dual system of courts, dual to the Circuit Court system which is a coequal branch of government. It is broken. It is my opinion that as the creators of this system it is time for us to repeal and abolish this broken system and send the workers' comp cases back to Circuit Court. In doing so… in doing so, we have taken control of a broken system and have sent a message to the interest groups and the people of the State of Illinois that we're serious about fixing this problem and that we're willing to take drastic measures in a drastically broken situation. We would transfer the monies from the Workers' Comp Commission, which is, I think, 120 or 130 million dollars to the judicial system to run this docket, to run this caseload and to make sure that injured workers are dealt with in an efficient and effective manner and that businesses who have called for causation have the opportunity in the Circuit Courts to argue causation. And so, I think that this Bill addresses the problems that have been presented to us in terms of the brokenness of the system, in terms of the rights of workers and in terms of the ability of businesses to adequately defend themselves. And it's time that we did something drastic and this is the Bill." 09700038.doc 43  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"January 1, 2011."

"2012, sorry… 2012."

"It would be my opinion that we don't know because the commission would continue to handle the cases and it would depend on how many cases are resolved between now and then."

"Correct. And we would, by creating the efficiency of government and by getting rid of a duplicative system, a broken system, we would have additional resources to place into the court system to handle the increased load."

"I… I don’t believe… I actually believe that the cost would be less than what we're putting in to the Workers' Comp Commission now to run a broken and duplicative system." 09700038.doc 44  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

Speaker Lyons: "Representative Tryon. Representative Mike Tryon."

"Sponsor yields."

"Under the current law, as I understand it or at least when I was actively practicing, punitive damages are 09700038.doc 45  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 only allowable either by a specific statutory grant or by an intentional conduct. And obviously, we're talking about negligence here. So, we're not talking about intentional acts. So, the punitive damage question, I believe, is a red herring and should not be a concern."

"Correct."

"Representative Brady."

"Sponsor yields."

"I'm sorry?"

"Well, I am concerned that despite your good efforts and despite all of our efforts that we haven't been able to reach a conclusion with regards to reforms, but I've been thinking about this for several months. And the more I get into this system and the more we look at what's going on with the workers' compensation situation in the State of 09700038.doc 46  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 Illinois, workers' rights not being accurately protected, businesses' rights not being accurately protected. The rights of the State of Illinois and the people of the State of Illinois paying more and more for a system that's flawed. It's become clear to me over the last several weeks that this may in fact be, and at this time, is the right thing for us to do. And so, this is not something that I've just proposed in the last couple of days. This is something that I've been thinking about for several weeks or several months in terms of maybe this is where we're heading. As of today, it's my belief that this is where we're heading."

"It is my opinion… it is my opinion that because we have a separate court system which is handling workers' comp cases via the elimination of that separate court system and the duplicity of that court system, rolling it into the Circuit Courts could do nothing but reduce the cost to the State of Illinois. And that would be my goal is… and this Bill would provide that the budget for the Comp Commission would go to the Circuit Courts, which are already in place, which are already established to run and manage the work comp system. I can't imagine that the cost 09700038.doc 47  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 would be greater than the broken system that we're currently running which isn't getting the job done for the people of the State of Illinois."

"I'm sorry. I was…"

"Well…"

"…the… the number that I would like to use is, is that businesses are currently paying $3 billion a year in workers' comp costs as a result of this broken system. The elimination of the broken system eliminates that $3 billion of costs currently going into that broken system. Let's give the courts a chance. Let's try something else 'cause we know what we've been doing isn't working."

"Representative… Representative, that is going on now in the system that we have which is broken. These cases are not being resolved in the way they should be. They're not being resolved as efficiently as they should be. Let's give the Circuit Courts and the judges of the Circuit Courts, which have Codes they have to follow, which have ethical standards they have to follow, a chance to try to help us fix this system because we know what we're doing isn't working."

"As a practicing lawyer, I generally don't go talk to… they're a coequal branch of government. I appreciate their coequalness. I under… if we, by statute, decide to do this, then I'm sure that they would take their constitutional obligations to follow the law and do it seriously. I'd like to give them a chance. The arbitrators don't have a Code of Ethics; the arbitrators don't have to abide by a judicial Code of standards. The Circuit Court judges do. We can get rid of some of the problems with this system by getting this out of the hands of these arbitrators and getting it into the hands of circuit judges who have taken oaths to uphold the Constitution and the rights of the people of the State of Illinois."

"I'm going to start the time clock with three minutes. I'll certainly be as liberal as I can with that just to try to keep the conversation focused on the Amendment. Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. A question of the Sponsor?"

"He awaits your question, Sir." Harris, D.: "Representative, do you have any idea where Illinois's workers' compensation rates stand in terms of other rates throughout the country?"

"It is my understanding that we are second or third in terms of total rates. In terms of medical costs, which are the main component of workers' compensation costs, we are second behind Alaska which is an outlier. And we are 50 percent above the third place finisher." Harris, D.: "And do you know how we compare as an example to the state just to our east, Indiana?"

"We're not competitive." Harris, D.: "Well, it's my understanding we are not competitive because we are nearly double what the rate is in Indiana. 09700038.doc 50  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 To the Amendment, Mr. Speaker, and very briefly. Is this a good idea? Quite frankly, it's probably not a good idea. However, we have tried to reform the system. It is a prohibitively expensive system which it seems that the parties can't come together and reach some sort of a compromise to reform. So, if we have to go this route, saying, from the Legislature, if you're not going to take the action to reform the system, then let's do away with the system. Probably not the best approach to take, but at least the Legislator is being creative in saying it may be the only approach to take at this point in time."

"Representative Jim Durkin."

"Sponsor yields."

"Yes. I'm saying that the Comp Act currently, excuse me, is not providing for the general welfare of anybody, whether it be injured workers, the businesses of the State of Illinois, the people of the State of Illinois and the people that we represent."

"With… without… without getting into a judgment in general terms, I would say that the system has not been what it was supposed to be. It has not been efficient, it has not been expeditious, it has not functioned in the way it should have. There… it has been, as you've seen reported, numerous cases very concerning and should be very concerning to all of us. I don't think that's in the best interest of anyone."

"That's not correct."

"I can't speak to the rationale of any of the groups other than to say that my guess is… guess is that people that support this Bill think that the system could be 09700038.doc 52  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 better. And this system has failed us. This system has failed the workers and it's certainly failed the businesses of this state. For those that want causation, this is the way you get it. You go to Circuit Courts. You can't have fault in a no-fault system."

"Total amount of indemnification is three…"

"Jim, your time has run out. We'll give you another minute or so."

"Please continue."

"Total amount of… total amount of indemnification is $3 billion. The cost of workers' comp in the State of Illinois, which is paid entirely by the business community, is $3 billion."

"We don't know… we don't know."

"There will be some…"

"…there will be some…"

"…there will be some transfer and you'll be under general liability, but we don't know. It could be a significant cost saving given the fact that the issue that I've heard about causation would be allowed."

"Venue is… venue is already in the Bill. It says that you have to file the case in the county in which the occurrence occurred or if it's out of state, in the county in which the employee lives."

"And it… it is…"

"Representative… Representative, you've definitely gone more than three minutes. I'm glad to answer your 09700038.doc 54  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 questions. It is my intention to have a vote on this Bill today. I'm open and interested in working with you in the future. It has venue restrictions in it. My intention is to call this Bill for a vote today."

"Representative…"

"…stand with me. Stand up to the interest groups, take back the system, take back our state. Let's send a message, we're going to do something for the State of Illinois and the people of the State of Illinois and get rid of a broken system."

Speaker Lyons: "Representative Tracy, three minutes. Jil Tracy."

"Sponsor yields."

"Representative, this is a very heavy load. I don't want to make any commitments today. I'm doing this issue. I'm doing TIF districts, enterprise zones, budget work. So, I'm always willing to entertain your ideas…"

"…and to work with you on issues, but to make a commitment on additional things in addition to this, the workers' comp issue is a significant load to try to work on. And I'm interested in trying to get this resolved before…"

"Well, one significant arrow that will be in the defendant's quiver will be the issue of causation. And so, as an attorney, it's my opinion that if you want causation… if we want as a state to have causation as an option in workers' comp, this is the way that you do it. This is how it happens. You send the cases back to Circuit Court. Businesses can fight injuries on the basis of causation direct…"

"Representative Tracy, your time has expired. We'll give you another minute to finish your conversation."

"Correct."

"Correct."

"Well, I think there's currently that many cases in the system. I don't know how many are filed per year and we obviously don't know how many would be resolved before they went to the Circuit Courts."

"Absolutely."

"Representative Kay."

"The Sponsor yields."

"I'll do my best."

"Oh wait, wait a minute. First, yes or no question, I am a businessman. I was a businessman."

"I ran a business with two guys dying of cancer so I mean I've…"

"I've borrowed money to make payroll, Representative."

"Well…"

"So, the issue is… no, I don't know in every case nor do you nor does the insurance company nor does…"

"…but, I'm willing to take a chance in terms of…"

"I prefer not to guess on the floor of the people."

"So, I have… I've meet with insurance companies that write policies. And I am happy that you were able to get some kind of definitive answer on that, but I was not given a definitive answer."

"Representative, we just took your workers' comp costs to zero."

"What you're paying for workers' comp right now goes to zero."

"Now, you may have some addition on your general liability policy, but your workers' comp costs went to 0."

Speaker Lyons: "Representative Kay, your time expired, but we'll give you another minute to finish your thoughts or were you finished?"

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

"Well, what are your work… what are your… factor in…?"

"…Factor the reduction of your workers' comp to zero."

"What are you paying in workers' comp right now, Representative?"

"I am listening to you."

"what are you paying in comp right now?"

"Representative Bradley… Representative Bradley, please let him make his point. Kay."

"I… I'm not required to answers questions yes or no that don't require a yes or no question. You're making presumptions which I don't accept. And I don’t think I have to answer yes/no on presumptions that I don't accept. Now, if we don’t believe in the court system, we know the workers' comp system is flawed, we know it's broken. So, we're going to keep banging our head against the wall doing the same old thing that we've been doing, which isn't working. So, somebody comes along with this idea, let's try something different. Let's shake things up. Let's tell them we created you, you're broken, we're getting rid of you."

"And now we're going to send it to the courts. If that doesn’t work, we'll go another direction."

"But let's do something."

"And up to this point we haven't done anything." 09700038.doc 61  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"Didn't you have an identical…"

"…didn't you have an identical Bill to this?"

"Didn't you have an identical Bill to this, Representative?"

"Didn't… weren't you going to support this on Tuesday?"

"Didn't you apologize to me in committee yesterday…"

"…'cause you were going to support this measure?"

"And now I'm not showing leadership? Yesterday I was gutsy and now I'm not showing leadership? Yesterday you applauded me for my efforts and now…"

"…I’m not showing leadership?" 09700038.doc 62  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"I worked on this on Thanksgiving, on Christmas…"

"…on New Years."

"Representative Bradley, Representative Kay, we can't have you both speaking at one time. Representative, I've given you long over the three minutes. So, I'll give you one more minute. Representative Bradley, please let Mr. Kay conclude his remarks."

"Representative Bost."

"The final speaker will be Dave Winters and then Representative Bradley."

"Sponsor yields."

"I don't know if any… I don't know if anybody's eliminated it. There have been states that haven't had it. I don't know if anybody that's adopted it has eliminated it."

"Right."

"I don't know…"

"I don’t want to… to answer incorrectly. I don't know the answer to that. I don't know that any other states have had the problems we've had either."

"Mr. Winters your time expired, we'll give you another minute or so to finish your remarks."

"We've had extension debate on Amendment #1. 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. Floor Amendment #1 is adopted. Anything further, Mr. Clerk?"

"Mr. Bradley."

"I'd move to deem the notes inapplicable."

"Gentleman makes a Motion that the notes be ruled inapplicable. Representative Eddy. Representative Eddy."

"The Motion is that the… that the notes be held inapplicable to this…"

"Representative, everybody read the Rules of the House is entitled to make a Motion that a note be inapplicable. So, this has to be done by a vote of the chamber."

"The notes will be separated, Representative. Mr. Clerk, first note."

"Representative Bradley moves that the fiscal note be held inapplicable. All those in favor signify… take debate. Representative Bost on the… on the fiscal note."

"Correct. With just a simple Majority vote."

"Representative Eddy."

"Representative Lang."

"Thank you, Mr. Speaker. Due to a potential conflict of interest, I'll be voting a 'present' on this Motion and on all things dealing with workers' compensation."

"Seeing no further discussion, the question is, 'Shall the fiscal note be held… be declared inapplicable?' All those in favor that it should be held inapplicable vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all 09700038.doc 70  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 voted who wish? Colvin, DeLuca, Jakobsson, Mitchell, Thapedi. Colvin and Jakobsson. Jakobsson. Mr. Clerk, take the record. On this question, 57 'yeas', 54 'noes', 3 'present'. The Majority… the note is held inapplicable. Next note, Mr. Speaker… Mr. Clerk."

"All right. Representative Bradley moves that the state mandates note be held inapplicable. Is there any discussion? Chair recognizes Representative Roger Eddy."

"Seeing no further discussion, Representative Bradley moves that the state mandate note be declared inapplicable. Those in favor of it vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Colvin, Dunkin, Jefferson, May. Colvin, Dunkin, Jefferson. Dunkin. Mr. Clerk, take the record. On this question, 61 09700038.doc 71  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 Members vote 'yea', 50 Members vote 'no', 3 vote 'present'. And the note is held inapplicable. Mr. Clerk, next note."

"Representative Bradley moves that the Home Rule note be held inapplicable. Is there any discussion? All those in favor of Mr. Bradley's Motion indicate 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? Biss, Colvin, May, Smith. Mr. Clerk, take the record. On this question, there are 62 voting 'yes', 49 voting 'no'. And the note is held inapplicable. Mr. Clerk, next note."

"Representative Bradley moves that the judicial note be declared inapplicable. Is there any discussion? The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"So noted, Mr. Eddy. Representative Bost."

"Representative Ron Stephens."

"Yes, Sir. Representative Bradley, a question regarding the note."

"I… I think we have a different interpretation of the function of the judicial note. And I think we need to have a vote on this Bill today."

"No, I… I pulled the statute and I think…"

"I've pulled the statute and I believe that this is a misinterpretation of the purpose of the judicial note."

"I'll let you… I mean, I'll let you read it if you want."

"You got it up. It's not on my computer now."

"No, it's not on my computer now."

"If you want to read it, you can read it."

"Seeing no further discussion, Representative Bradley moves that the note… judicial note be held… declared inapplicable. All those in favor of the Gentleman's Motion signify by voting 'yes'; those opposed 09700038.doc 74  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 vote 'no'. The voting is open. And there is verification on this, Members, so please vote your own switch and be in your seats. Have all voted who wish? Have all voted who wish? Colvin, Ford, Smith, Thapedi. Ford, Smith, want to be recorded? Mr. Clerk, take the record. With the vote being 55-55, 3 voting 'present'… The verification, Representative? Representative Bradley."

"Representative Bradley."

"Mr. Speaker, in recognition of the concerns of my colleagues across the aisle, I'll withdraw this. We'll hear back from the courts. But it is my intention to move this Bill today or tomorrow once we hear back from the courts. So, in good faith and in the interest of justice, I will withdraw this note, but we're going to have a vote on this today or tomorrow once we hear back from the courts. Okay?"

"Gentleman withdraws the Motion on this… on this decision. Representative Eddy."

Speaker Lyons: "Mr. Clerk, we… take… take the… Mr. Clerk, remove this ver… remove this from the record, Mr. Clerk. Remove this note… on the advice of the Clerk, take the record, Mr. Clerk. The Motion did not carry and the note has been… will remain on the Bill until we get the decision from the judicial note. Take this Bill out of the record and it will remain on Second Reading. And now for something completely different, Representative Sacia."

"Major John Sacia, you've got 118 moms and dads on the House Floor today and probably thousands in the… within the reach of my voice. Congratulations, John. It's such an honor to have you on the floor of the House, Major. Representative Mike Bost."

Speaker Lyons: "Representative Fortner and Representative Mitchell. Thank you, Representative. Mr. Clerk, so noted. Representative Mautino, you have, on the Order of Second Reading, two Bills. Representative Frank Mautino, you have House Bill 806. Read the Bill, Mr. Clerk."

Speaker Lyons: "Representative Mautino, you have Floor Amendment #1 on House Bill 806."

"Thank you. I'd appreciate the House's consideration for Floor Amendment #1. This deals with land application of municipal sludge. It corrects a problem that's been occurring in LaSalle, Bureau, some parts of Will and Grundy County. I've worked with Representative Roth to try and address this issue which will bring some notification and a little bit of piece of mind to the residents in those 09700038.doc 77  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 districts when… when absentee owners allow for municipal sludge to be spread on their land."

"You've heard the Gentleman's explanation. All those in favor of the adoption of Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #1 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Frank, you also have on House Bill 1093, Second Reading. Read the Bill, Mr. Clerk."

"Representative Mautino on Floor Amendment #1 to House Bill 1093."

"Thank you. This is the Amendment that we promised in the committee to bring back. It is the Illinois Environmental Protection Agency's changes they're making to emissions testing. And basically, they're getting rid of some obsolete testing requirements. As cars get newer, the… the model of equipment they have is designed for older systems. This is how they propose to fix it."

"You've heard the Gentleman's explanation. All those in favor of the adoption of Floor Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #1 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Mautino, on the Order of Third Readings, you have House Bill 1578. Read the Bill, Mr. Clerk."

"Representative Frank Mautino."

"Thank you. This is an initiative of the park districts and it codifies what has been current practice in the suburbs and some of the other capped areas. It allows them for… for those districts to basically use an unused tax levy so long as they don't exceed the caps. Currently they have two of the same tax levies: one that hasn't been used, the other that has. This allows them to just go ahead and codify what current practice has been. And I know of no opposition."

"You've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from Kane, Representative Tim Schmitz."

"Sponsor yields."

"Correct. So long as they do not go above their agg… their aggregate levels. They wouldn't be able to increase any taxes. You could divide it between two different lines, 09700038.doc 79  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 but you couldn't do an aggregate increase. You could not go above your cap."

"Correct."

"Yes."

"Let me just go ahead and pull up the… so I can get together with you on the… the actual language of the Amendment. Just hold for one second. Okay. So, it's… what it… the clarification is that the maximum total rate of a park district's corporate or recreational purchase… purpose taxes shall be the limiting rate and not the extension limitation. And the Amendment's presented to clarify that the tax increases have been authorized in the underlying Bill and they can't exceed that level. So, I guess if you have not been levying… you're right now allowed the two levies. Those are the two lines within your tax bill. If you have not previously levied under the other one… under one of the two, you can go ahead and utilize that rate for that specific purpose, maybe it's recreation, so long as you don't go over your aggregate rate. So, that's why in some of the situations… I think in the county, I believe it might even be in your county, where the park district has 09700038.doc 80  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 had the ability to have these two rates and they haven't… they haven't used one of them. And this gives them more flexibility. So they can do it specifically for a recreational line, but they can't do a tax increase. So, it can't exceed what those… what the authorized rate is."

"Right. If you… if you want to go above that, then you have to go to referendum. But this allows them to do what the current practice is. A lot of the capped counties do this now, is my understanding."

"Actually, no they didn't. I'm… I'm just checking for mine. We brought this up in the… in committee, they were present. Kevin Semlow was there. They didn't fill out a slip in opposition nor did they mention anything."

"Representative Sullivan."

"Sponsor yields." 09700038.doc 81  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"Corporate and recreational, yes."

"Correct."

"I… I believe not to exceed .35, not 25."

"Three, five."

"The… the amount that they collect cannot go up at all in here, just the way they apportion it. So they may apportion a different level to recreational than corporate use."

"But the amount that they collect cannot go up. And this is specifically limited to PTELL counties because they're the ones that are currently having this problem."

"Okay. So, you're actually asking about a specific situation that was brought up in… in committee when we talked about this Bill there. And that's exactly… one of the… one of those levies had not been used at all. And I think what… before going to do that they wanted to make sure and clarify in the statute that they could utilize that levy with… and make sure that they do not raise anything within that assessment itself, but they could just divide the way the money is spent. And so your question, the answer is yes. That was the specific example given by the park districts. One levy had never been utilized."

"They were relying everything in the corporate rate to fund those things in recreational."

"And they wanted to ensure that they could do this."

"Because there exists a statutory cap. The PTELL counties you have that cap and you're correct in."

"Here there's a statutory cap involved here of .125 and excuse me, .1 and .25."

"Right. Okay."

"They can… they can go above the statutory cap, but stay below the PTELL cap."

"Yes. They could move it to general corporate as opposed specifically to…"

"…recreation."

"That's a fair statement. And actually that's how the PTELL counties have been doing it, but they didn't know whether the law specifically allowed…"

"…them to do that."

"Okay. Yeah."

"It… it does. I follow what you're… what you're saying with it. To the answer, would it be trying to get around their tax caps? That… my belief there in… on following your same reasoning, would be no. They are not… they are still limited by the PTELL rate, which this is below those maximum rates that are set…"

"…at PTELL. And they cannot increase or go above those."

"They can just transfer the money between two existing lines."

"Yes, they could do that without raising anyone's taxes. Correct."

"Well, that's…" 09700038.doc 85  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"Correct."

"You're correct."

"You're correct."

"Representative Eddy."

"Sponsor yields."

"Yes."

"Yes."

"So, it's part of the limiting rate."

"And it's…"

"Five percent or CPI, whichever's less."

"Limiting rate."

"But not exceed…" 09700038.doc 87  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"Correct. They could go above one or the other of those two rates that are in there, but could not exceed the limiting rate."

"Okay. And… and I… I think that's the… I think that's the real issue here. Is the purpose of this to allow the… the park districts flexibility within the limiting rate to adjust the… the two different types of levies?"

"Yes. That's the stated purpose from the… from the park districts when they presented it. They wanted flexibility between those two lines which have a statutory limiting rate, but in…"

"This… this would allow a change in the statutory limits, but not in the limiting rate."

"So you are… you are set by the…"

"…in the PTELL counties, the 5 percent or CPI whichever is less. They can't go above that. Underneath there, there are two funds. One is corporate, one is recreational. They're used by park districts. So if you 09700038.doc 88  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 haven't been levying for this fund… for the recreational but you've been levying for corporate…"

"…they want the flexibility to use it in the proper fund. But they cannot…"

"…go above the limiting rate. Correct."

"Park district board."

"Correct. Yes."

"You know, they just gave me this… this sheet. And so, I'll have to… I don't know why they're opposed. They were not opposed in committee; they were right there when I presented the Bill. They asked a question. I think, at… at best they were neutral because they may… they had talked with the park district to see what they were trying to do. So this… this comes as a surprise."

"That's… you know, in just talking with staff, there won't be a change in their PTELL limiting rate. So, I… I don't know."

"Representative Mautino to close. Frank, you… you can close, Frank."

"Sure. I appreciate the comments that have been brought forward. I will be happy to continue to work on this in the Senate. I'd like to find out myself why the Farm Bureau has stated their position. So, I appreciate an 'aye' vote. I will continue to work on this. And if there's some changes we can make there we will."

"So, the question is, 'Should House Bill 1578 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Beiser, Dunkin, Feigenholtz, Holbrook, Jackson. Representative Beiser. Mr. Clerk, take 09700038.doc 90  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 the record. On this Bill, there are 44 Members voting 'yes', 65 Members voting 'no', 3 voting 'present'. The Bill, having failed to receive the Constitutional Majority, is hereby declared failed. Representative Mautino, also on Third Reading, you have House Bill 1866. Read the Bill, Mr. Clerk."

"The Gentleman from Bureau, Representative Frank Mautino."

"Thank you. This amends the Upper Illinois River Development Authority. And it increased the amount of bonds that the authority can issue. They've come up against their statutory ceiling from 250 million to 500 million for the purposes of development, construction and acquiring projects within their authority. Additionally, we've taken away the… these would be revenue only bonds. We have taken out the authority's ability to have a moral obligation, which then puts these projects in the… basically would be under the responsibility of the state. So the projects have to stand on their own. It has a… a long, very solid history throughout Bureau, LaSalle, Putnam, Kendall, Kane County. Those counties that rely on them as kind of their local DCCA. And appreciate an 'aye' vote."

"Is there any discussion? Chair recognizes the Gentleman… no, I don't. Seeing no other questions being seeked, the question is, 'Should House Bill 1866 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have 09700038.doc 91  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 all voted who wish? Have all voted who wish? Representative Brauer. Burke. Nekritz. Mr. Clerk, take the record. On this Bill, there are 79 Members voting 'yes', 33 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Patti Bellock on the Order of Third Readings you have House Bill 1656. Read the Bill, Mr. Clerk."

"Representative Patti Bellock."

"You've heard the Lady's explanation on House Bill 1656. Is there any discussion? Representative Mary Flowers. The Lady does not seek recognition. There's no one else seeking recognition, the question is, 'Should House Bill 1656 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? Beiser. Dunkin. Flowers. Mary. Mr. Clerk, 09700038.doc 92  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mary Flowers, for what purpose do you seek recognition, Ma'am?"

"A point of personal privilege, Mr. Speaker."

"Please proceed."

"I would like for the gallery… the seniors in the gallery to please stand and I would appreciate it if the Body would give the south side seniors a great round of applause, please. And welcome to Springfield. Thank you. Thank you very much."

"Welcome to your Capitol, senior citizens. Glad to have you. Mr. Clerk, on page 22 of the Calendar we have House Bill 1712. And Representative JoAnn Osmond, it's my understanding you'll be carrying the Bill for Representative Beaubien. Read the Bill, Mr. Clerk."

"Representative JoAnn Osmond."

"Representative Osmond moves for the passage of House Bill 1712. Is there any discussion? Seeing none, all those in favor of its passage signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Sara Feigenholtz. Raymond Poe. Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Rich Brauer, you have on the Order of Third Readings, on page 25 of the Calendar, House Bill 3175. Out of the record. Ladies and Gentlemen, it's my privilege and honor to put in the Chair for the first time, Representative Leader Marlow Colvin."

"Representative Colvin in the Chair. On page 24 of the Calendar, we have Representative Currie with House Bill 2874. Read the Bill, Mr. Clerk."

"Representative Currie."

"Thank you, Speaker, Members of the House. This creates a pilot program so that the service boards within the RTA area might prepare universal fair cards specifically directed at seniors. In the long run, we want universal fair cards for everyone. And I know that my district mate has a Bill that I strongly support that over time would make a universal fair card the way we do mass transit in northeastern Illinois. But we have just finished a project 09700038.doc 94  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 during which seniors, given the opportunity to ride free, have been indeed riding the rails. And I think that we've seen good effects, both in terms of road congestion and in terms of reduced pollution. I think that it's a convenience, the hassle free nature of the card that is got so many seniors out of their homes and out of their cars. And I think having a single card that will help them go from CTA to pace to Metra will help keep those seniors on mass transit and out of their individual cars. So I would appreciate your support for this proposal."

"Is there any discussion? Representative Franks is recognized for a question."

"Thank you, Mr. Speaker. And I want to congratulate you on your elevated status. It's good to see you up there and wish you much continued success. That's… that's cool. I'd like to know if the Sponsor will yield?"

"She yields."

"Thank you. Representative, I'm reading your… your legislation and I'm just astounded… just astounded that we need to legislate this."

"I wish we didn't. I wish we didn't."

"I think this brings a much larger issue. And I'm going to support the Bill, but to the Bill. I… I think the Majority Leader brings a very important Bill because I think it shows how antiquated our system is, the RTA system and how we have… when we have competing agencies not working together that here we are in the year 2011 and we have to pass legislation telling them to do a universal fair card. It's embarrassing. It was just a few months ago 09700038.doc 95  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 that Metra actually took credit cards. Exactly. My friend, Mr. Dunkin, says we ought to consolidate all of these agencies and he's 100 percent right. Thank you. It's what we should be doing. Matter of fact, we should get rid of all these boards. We should take away all of their pay. We should take away all of their pensions. We should take away all of their health care. We have that Bill and hopefully it will be heard next Monday in committee. And I hope you'll get your support on that. But that it… I think this is indicative of a system that is tragically broken. A system that we have to micromanage because they can't make their own decisions, because they can't modernize, because they can't work together. A Bill like this shows why we need to consolidate and have one agency that works together and that we need to have people there with real experience instead of the political hacks that have been put there based on who they know and not what they know. So, I will encourage an 'aye' vote on this Bill. But understand and next week you're going to have the opportunity to do real change for these systems that desperately need it. And in the meantime, I'd ask you to call upon your respective county board chairmen, those of you in the collar counties and demand that they ask for the resignation of every member of the Metra board. The board that has allowed these type of abuses; the board that is not responsible. Call upon your county boards to do the right thing. Don't make us have to micromanage everything like this Bill is doing. Please vote 'yes', but let's do more together."

"Further questions? Representative Senger." 09700038.doc 96  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"We've heard from Metra, that they are concerned that they will not be able to do this as seemlessly at this point as they were able to deal with the universal fair card without… without cost, but I don't think it's impossible and I'm certainly hopeful they will work with us to make this a reality."

"Further questions? Representative Ramey."

"She yields."

"The idea is they should… we hope that they will be able to do this coterminous with the elimination of the universal fair card that is in place today."

"Well, it would happen the same way it happened with the universal fair card. You'd have to go, I hope, to a single location. Here's to say, I hope you don't have to go one place to get the CTA approval and another to get Metra 09700038.doc 97  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 and a third to do pace. I would hope the RTA would work with the service boards so that in every area there would be specified locations where you could go to apply for one card. And I think you would be able to use the same information that got people the universal card in the first place. I believe anything that shows proof of… of age would be enough and name and address."

"Or a driver's license, exactly."

"Well, anything that would show proof of age and address."

"Right, exactly."

"I don't. We haven't… we haven't established that in the Bill. I think there should be a photo…"

"…as there was with the universal fair card."

"I think… yep, I will certainly say for purposes of legislative intent that it would make eminently good sense for this to be a photo universal card." 09700038.doc 98  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"No one else seeking recognition, Representative Currie to close."

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

"Question is, 'Shall House Bill 2874 pass?' All those in favor vote 'aye'; opposed vote 'nay'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? On this question, there are 111 'yea'… Clerk, take the record. On this question, there are 111 'yea', 1 'nay', 0 'present'. This Bill, having received the Constitutional Majority, shall hereby considered passed. On page 23 of the Calendar, we have House Bill 2084, Representative Crespo. Mr. Clerk, read the Bill."

Speaker Colvin: "Just a moment, Representative Crespo. Representative Bost."

Speaker Colvin: "Well, Representative… well, Representative Bost, from here I can't bring any bad Bills for you to vote 'no' on so."

"You'll be okay."

"Representative Crespo."

"Thank you, Speaker Colvin, Members of the House. House Bill 2084 creates a task force to develop a five-year comprehensive strategy for the state's mental health services. The plan should include the following: provides sufficient home and community based services, improving access to care, reduce regulatory redundancy, effective, efficient and appropriate care regardless of the setting, the use of appropriate clinical outcomes, ensuring hospitalization and institutional care are available when necessary and maintaining financial liability for providers that is cost neutral or saves the state money."

"With no one seeking recognition, the question is, 'Shall House Bill 2084 pass?' All those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Barickman, Hammond, Rita. The Clerk, take the record. With 110 voting 'yes', 0 voting 'nay', 0 'presents'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 20 of the Calendar, we have House Bill 182, Mr. Eddy. Excuse me, 192… House Bill 192. Mr. Clerk, read the Bill." 09700038.doc 100  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"Representative Eddy."

"The Gentleman has moved for passage of House Bill 192. Seeing no one seeking recognition, the question is, 'Shall House Bill 192 pass?' All those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cole, Bost, Gabel, Leitch, Rita, Sacia. Clerk, take the record. On this question, there are 100 voting 'yes', 10 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared 09700038.doc 101  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 passed. On page 24 of the Calendar, we have House Bill 2094, Representative Hammond. Mr. Clerk, read the Bill."

"Representative Hammond."

Speaker Colvin: "On that question, Representative Lang is recognized."

"Thank you. Will the Sponsor yield?"

"She does."

"Thank you. Are either turkey or deer fur-bearing mammals?"

"And I'm… and I'm… oh, it was not included?"

"So, if I hit one of those with my car, I can't pick it up and take it home?"

"Yeah, let's get on that. I'm also wondering if this Bill only applies during deer and turkey season?" 09700038.doc 102  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"All right. That's good to know. Thank you."

"Further questions? Representative May."

"Yes. Would you define road kill as bait?"

"I'm so glad to hear that. Thank you."

"Further questions? Representative Sullivan."

"She yields."

"Further questions? Representative Bost."

"She does."

Speaker Colvin: "With no one else seeking recognition, Representative Hammond to close."

"The question is, 'Shall House Bill 2094 pass?' Those in favor vote 'aye'; those opposed vote 'nay'. The 09700038.doc 106  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Burke, Roth. Clerk, take the record. On this question, there are 110 'yea' votes, 0 'nay' votes and 0 'present' votes. This Bill, having received the Constitutional Majority, is hereby considered passed. Mr. Clerk, on page 23 of the Calendar, we have Representative Davis with House Bill 2086. Mr. Clerk, read the Bill."

"Representative Davis." Davis, M.: "First of all, congratulations, Mr. Speaker. And I'm not going to say I'm not jealous because I'm very jealous. House Bill 2086 is a Bill that states that students who are expelled or suspended for over 20 days do have the right to attend an alternative school. Previously, when I had the Bill in the record, Representative Rose pointed out that I was amending the incorrect Section and he was absolutely correct. So, we… we passed… we did an Amendment to place this in the correct Section. Representative Eddy wanted to make sure that it was not just for students who were at risk, but all students. So, we amended the Bill to state that all students could participate and not just those at risk. So we ask that you vote 'yes' on the Bill to allow students who are expelled or suspended attend an alternative location in order to continue with their education and supervision. So, I just ask for an 'aye' vote."

"Representative Eddy for a question." 09700038.doc 107  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"Representative Davis to close." 09700038.doc 108  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 Davis, M.: "I would just ask for an 'aye' vote. I think our children deserve this. They're not all good and they're not all bad, but this will give many of them an opportunity to move on with their lives. And thank you, Mr. Speaker. I just ask for an 'aye' vote."

"The question is, 'Shall House Bill 2086 pass?' Those 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? Mr. Clerk, take the record. On this question, there is 110 'yea' votes, 0 'nay' votes, and 0 'present' votes. This Bill, having received the Constitutional Majority, is hereby considered passed. Representative Monique Davis, on the Calendar we have House Bill 3550. Mr. Clerk, read the Bill."

"Representative Davis." Davis, M.: "Thank you, Mr. Speaker. House Bill 3550 amends the Fire Department Promotion Act. It provides that review sessions held after an examination has been given for the purpose of gathering feedback from candidates and it shall be at no cost to the candidate. This Bill came about because one of the constituents of mine in Alsip had taken the exam and a private company attempted to charge her $100 for taking the exam. And the fire department and the Illinois Fire Association is totally against that because candidates are allowed to review their test scores free of cost. So, this Bill just states that they must be given that opportunity at no cost." 09700038.doc 109  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"No one seeking recognition, the question is, 'Shall House Bill 3550 pass?' Those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Gabel, Lilly, Riley. Mr. Clerk, take the record. On this question, the 'yeas' are 110, the 'nays' are 0, and 0 'present' votes. This Bill, having received the Constitutional Majority, is hereby considered passed. Representative Eddy, for what reason do you seek recognition?"

"State your point."

"Representative Stephens is recognized."

"I think the technical word would be a brick."

"Air ball."

Speaker Colvin: "On page 24 of the Calendar, we have Representative Harris… Davis Harris with House Bill 3076. Out of the record. Mr. Clerk, on page 25 of the Calendar, we have House Bill 3284, Representative Mathias. Mr. Clerk, read the Bill."

"Representative Mathias."

"Thank you."

"The Gentleman has moved for passage of House Bill 3284. Seeing no one is seeking recognition, the question is, 'Shall House Bill 3284 pass?' Those in favor 09700038.doc 111  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 vote 'yes'; those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Clerk, take the record. With 110 voting 'yes', 0 'noes', 0 'presents' this Bill, having received the Constitutional Majority, shall hereby considered passed. Mr. Clerk, on the Calendar on page 24, on the Order of Third Reading, we have House Bill 2936, Representative Golar. Mr. Clerk, read the Bill. Mr. Clerk, put this Bill on the Order of Second Reading. Any Motions pending?"

"Representative McAsey on the Amendment."

"Thank you. Floor Amendment 2 is an Amendment that's technical in nature. There was previously an Amendment adopted in committee to address some concerns with the Hospital Association. This is the same language to adopt those concerns and I move for the adoption of the Amendment."

Speaker Colvin: "The Lady moves for the adoption of the Amendment. All those in favor say 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment has been adopted. Any further Amendments, Mr. Clerk?"

"Third Reading. Mr. Clerk, on the Calendar on page 22, Representative Golar has House Bill 1684. Mr. Clerk, read the Bill." 09700038.doc 112  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"Representative Golar."

"Thank you, Mr. Speaker. This Bill is an initiative of the National Multiple Sclerosis Society. And what this Bill does is that it enhances Hospital Licensing Act, it ensures patient safety, dignity, self determination and choice in patient handling policy. It is important that in the past, especially with individuals with disabilities, that patient care is primary. And if there are any questions, I will open up for any questions now and I ask for an 'aye' vote."

"The Lady is seeking passage of House Bill 1684. And on the question, Representative Lang is recognized."

"Thank you. I rise in support of the Bill. I simply wanted to thank Representative Golar for picking this Bill up from me and moving it. This is an initiative of both Access Living and the National Multiple Sclerosis Society to make sure that patients who are being moved are just moved in a safe way, both for the patients and to limit liability for those moving the patients. It's an excellent piece of legislation. It deserves your support."

"With no one else seeking recognition, the question is, 'Shall House Bill 1684 pass?' Those in favor vote 'yes'; those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Franks. Clerk, take the record. With 110 'yes' votes, 0 'no' votes, 0 'present' votes, the Bill will be… this Bill, having considered… 09700038.doc 113  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 having received the Constitutional Majority, is hereby considered passed. Mr. Clerk, on House Bill 1953, on page 23, Representative Holbrook. Mr. Clerk, read the Bill."

"Representative Holbrook."

"Thank you, Speaker. House Bill 1953 is an initiative of the fabric association… the Fabric Care Association of the Drycleaners. It clears up some issues they had under the bankruptcy clause of their trust fund. It came out of committee unanimously and I know of no opposition."

Speaker Colvin: "No one seeking recognition, the Gentleman moves for the passage of House Bill 1953. Those in favor vote 'yes'; those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Cavaletto, Representative Golar, Representative McCarthy. McCarthy. Clerk, take the record. With 110 voting 'yes', 0 'nays', 0 'presents', this Bill, having received the Majority, is hereby considered passed. Mr. Clerk, on page 26 of the Calendar, we have House Bill 3539, offered by Representative Morrison. Mr. Clerk, read the Bill."

"Representative Morrison."

"The Gentleman is seeking passage of House Bill 3539. And on the question, Representative Eddy is recognized."

"Sponsor yields."

"With no one else seeking recognition, the question is, 'Shall House Bill 3539 pass?' All those in favor say 'yes'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who 09700038.doc 117  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 wish? Have all voted who wish? Representative Currie, Kay, Pritchard, Sacia. Clerk, take the record. On the question, with 73 voting 'yes', 37 voting 'no', 0 'presents', this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 22 of the Calendar, House Bill 1552, offered by Representative Nybo. Mr. Clerk, read the Bill."

"Representative Nybo."

"Gentleman has moved for the passage of House Bill 1552. And no one… excuse me, Representative Riley is recognized for a question."

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

"Sponsor yields."

"Representative, on my analysis I still list Illinois Department of Human Rights as an opponent. Can you give me some clarity along those lines?"

"Thank you."

Speaker Colvin: "Further questions on the measure? Representative Stephens is recognized."

"Are we all done, Representative Stephens? On this question, 'Shall House Bill 1552 pass?' Those in favor vote 'yes'; those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brady. Clerk, take the record. With 110 'yes' votes and 0 'no' votes and 0 'present' votes, this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 23 of the Calendar, we have House Bill 2066, offered by Representative Jakobsson. Representative Jakobsson on House Bill 2066. Out of the record. Mr. Clerk, on page 21 of the Calendar, we have House Bill 1293, offered by Representative Lang. Mr. Clerk, read the Bill."

"Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill, which passed the House easily last year, substantially the same Bill has become contentious for some reason that I can't understand. This Bill involves who can do… who can perform the sale of a piece of property after the foreclosure. The law has been very clear it seems to me for some years that the plaintiff has the choice of their option as to who can do… who can transact the sale. When a 09700038.doc 120  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 sheriff does it, it's more costly and it takes a lot longer. When a private party does it, it's less costly and more efficient. It is not only less costly to the parties, but when a private entity is doing the selling of these foreclosed properties, they get back to a condition where people are buying them more quickly, people are in the properties, they're keeping up their properties, they're mowing the lawn, they're raking the leaves. They… they're taking care of the buildings which makes property values go up in all the properties around it. As we all know because of foreclosed properties in various neighborhoods around the State of Illinois property values have decreased. We want to get these more foreclosed properties moving forward as quickly as possible. And what has happened in some counties is that some judges are misinterpreting what is already the law. The law provides plaintiffs the choice of who can conduct the sale, but it requires a judge's order. And in some counties a judge says, oh, no, we're not going to let these plaintiffs make their choice; we're not going to follow the clear law. We're going to say that only the sheriff can do these sales. That's not what the law says. This Bill will clear that up. And for those of you that follow court cases, there was a court case decided in 2008 called Household Bank v. Jewel Lewis which holds very clearly that in a mortgage foreclosure proceeding the plaintiff is the master of the cause of action. This Bill simply clarifies that the plaintiff is the cause of his or her own action in a foreclosure matter whether it be a bank, or mortgage finance company, whatever it might be. It 09700038.doc 121  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 could be a credit union. That's why those folks all support the Bill. But the counties ought to support this Bill as well because it increases property values for everyone. I ask your support."

"The Gentleman is seeking passage of House Bill 1293. And on the question, Representative Eddy is recognized."

"He does."

"Certainly. When the time comes to move for the sale, the plaintiff will go into court and get a court order to provide a date for the sale and who's going to conduct the sale. And the plaintiff will always suggest who… who they want. Sometimes it could be the sheriff, but oftentimes because it's cheaper and more efficient, it is a private seller. The judge has to sign off on that and sign an order. And in many counties the judge is avoiding the clear law by not signing an order that allows for the private sellers, but requires that the sheriff and only the sheriff do it. And in fact, in most counties it's not really the sheriff that ends up doing it. The sheriff brings in another private party or the sheriff has a clerk do it. So, this contention by some sheriff that this is going to cost law enforcement jobs is not a correct one." 09700038.doc 122  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"That is actually the current intention of the law, to give the plaintiff the power to have whoever the plaintiff wants conduct the sale. That's what this court case I just referred to reiterates, but it's already in the law. And what we have are judges in some counties of this state avoiding the clear intent and the clear language of the law and this Bill is intended to clear that up."

"Well, the judge could do that, but that's not what the intention of the law is. The intention of the law is to allow the plaintiff to have his or its choice of remedy."

"Just like if you file a lawsuit against anybody for any reason, Roger Eddy against Lou Lang and…"

"Well, thank… thank goodness 'cause I couldn't afford to pay you. But if you did that, you would have your choice of remedy about how to collect those dollars from me based on what the law allows. In this case, the law allows the plaintiff to choose who does the sale. Judges have ignored that law." 09700038.doc 123  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"That is correct. If… if a… if the plaintiff wished to use the local sheriff, by all means use the local sheriff."

"I… I respond by saying that… that's a made up argument. The fact is that you still have to get the court order; you still have to publish in the newspaper. You still have to go do the sale. It's a public and open sale regardless of who conducts it."

"The court case is clear that the plaintiff has the choice of its remedy."

"Further questions? Representative Franks."

"Thank you, Speaker. To the Bill. I want to follow up with the previous Representative's questions are. I can tell you how we do it in McHenry County. Right now in McHenry County the judges are actually following the law. They allow the plaintiffs to determine whether they wish to use the sheriff or whether they wish to use a private 09700038.doc 124  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 seller to do it. Many… I think it's about evenly split of who the plaintiffs use, whether the sheriff or the private sellers. I called my sheriff about this Bill and he thought it was a good Bill because he says if they were required… the sheriff's office only to do this, they would have to put another two to three people on the payroll full-time. So, this is something that's currently working, something that needs to continue. The problem is what we're seeing is in other counties, such as Kane for instance, the judges will not allow private parties to do the sales. As a result, there's a six to nine-month lag time and people cannot go to sale. As a result, the property further deteriorates, oftentimes the properties crumble because of broken pipes or whatever it might be, destroying property values in the neighborhood, destroying the tax base. This is a Bill that's critically needed at a time when we have so many foreclosures. This is a way to get property back on the tax roll so we can increase the property values for everyone and to move things through the system. This has never been abused. The opponents, quite frankly, the arguments are made up. What they're trying to do is to protect a monopoly. And I don't know any business that we can say that government does better than private industry. All this says is it allows the plaintiff to have a choice, it will require competition, quite frankly. It'll make the sheriffs do a better job and it'll make the private industry do a better job because if they don't people are going to use the sheriff. I can tell you in my line of work when our law firm does foreclosure sales, we have always 09700038.doc 125  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 used the sheriff. Even though it costs more, I've used them. I think it's a… it's one way that the county gets some money, but then again, we don't have the type of delays in other counties. But if I were practicing in Kane County, for instance, I would use a private sale so we're able to move it faster. We voted for this a couple of times last year; it passed the House unanimously. It should, again, pass unanimously today. The arguments that the opponents are using are simply a way… they're a smoke screen because they want to protect a monopoly. It's a way for government to remain large. Please vote 'yes'; it's the right thing to do."

"Further questions? Representative Mathias."

Speaker Colvin: "Further questions? Representative Monique Davis." Davis, M.: "You know I really do apologize, I thought I heard you say the sheriff would do something? I'm sorry, what would… what did you say?"

"Representative, what happens now is that when one of these properties is being sold the plaintiff will go into court for an order of getting it sold and the judge will sign an order telling them who can conduct the sale. The law today is fairly clear that the plaintiff gets their choice of whether it be the sheriff or a private seller." Davis, M.: "Now, these are usually bankers?"

"Excuse me?" Davis, M.: "These are usually bankers who…"

"The plaintiffs…" Davis, M.: "…the plaintiffs?"

"…who could be bankers, but it could be you. Perhaps you loaned money to somebody and they didn't pay you. And so, the law is clear and now we have the Supreme Court case, which makes it clearer. It says the plaintiff gets their choice of remedy. But we have certain judges in this state in certain counties of this state who have not followed the 09700038.doc 127  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 law. And they are ordering that only the sheriff can do this, which is a violation of the Supreme Court's decision. And this Bill will clear this up." Davis, M.: "I am so glad because the sheriff is so busy already. I mean he is really busy taking care of property evictions, he is busy at the cemetery, he is busy taking care of the Cook County jail. So, I do support your Bill. Thank you."

"Thank you."

"No one else seeking recognition, Leader Lang to close."

"Thank you, Mr. Speaker. This Bill, at its core, is about allowing people in a lawsuit the right to do what they have a right to do under the statute, under the current statute. There's now a court case by the Illinois Supreme Court that says we really ought to do this. And the notion that someone would vote 'no' when they know that allowing their sheriff to do it is less efficient and more costly and to say, well, they need the money that's… that is promoting ineffective government just for the sake of a few bucks. It's promoting inefficiency; it's promoting wrongheaded thinking. This Bill will get our properties back in order. This Bill will improve property values and allow plaintiffs in lawsuits to move their cases along more expeditiously. I heard some of you during an earlier debate talk about the problems with the court system. This Bill will create a more efficient court system and a more smooth process. I ask your 'aye' votes." 09700038.doc 128  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"The question is, 'Shall House Bill 1293 pass?' All those in favor vote 'yes'; those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Currie, Holbrook, Jakobsson, May, Morrison. Representative Morrison. Clerk, take the record. On this question, 60 voting 'yes' and 49 voting 'no' and 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the Calendar on page 21, we have Representative Harris with House Bill 1191. Representative Harris, if you just hold on for one moment. Representative Sacia. Mr. Clerk, take the Bill out of the record momentarily. Representative Sacia is recognized."

"Welcome to Springfield. Mr. Clerk, can we have House Bill 1191, offered by Representative Harris. Mr. Clerk, read the Bill."

"Representative Harris." Harris, G.: "Thank you, Mr. Speaker. It's good to see you up there."

"Thank you." Harris, G.: "Ladies and Gentlemen, this Bill relates to the coverage of Illinois residents who participate in clinical cancer trials. If you recall, this Bill passed out of this 09700038.doc 129  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 chamber last Session unanimously. It went to the Senate to have some changes made. It did not come back to us because the Senate Sponsor used the Bill for another issue. So, I have brought it back this year. What this Bill does, again to refresh your memory, is it… it forbids insurers who would otherwise cover you for routine expenses related to cancer care to cancel your coverage should you participate in a cancer clinical trial. This only covers, you know, a small handful of insurers who may behave this way, but they do put a lot of folks lives at risk. We've worked extensively with the doctors, with the pharmaceutical industry, with the insurance industry. I really appreciate everyone's support. There is no known opposition to this Bill. I would welcome any questions and would appreciate an 'aye' vote."

"The Gentleman moves for the passage of House Bill 1191. And on the question, Representative Eddy is now recognized."

"He indicates he will."

Speaker Colvin: "With no one else seeking recognition, Representative Harris would you like to close?" Harris, G.: "I… again, I just would like to thank the insurance industry, the pharmaceutical industry, the cancer advocates and the research institutions in this state for helping to make this a better Bill. And ask for an 'aye' vote."

"The question is, 'Shall House Bill 1191 pass?' All in favor vote 'aye'; those opposed vote 'nay'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Chapa LaVia, McGuire, Mell. Representative Mell. Clerk, take the record. On this question, there are 110 voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Morrison, for what reason do you rise? Out of the record. Mr. Clerk, on page 26 of the Calendar, we have House Bill 3513, offered by Representative Pihos. Mr. Clerk, read the Bill." 09700038.doc 131  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"Representative Pihos."

"The Lady is seeking passage of House Bill 3513. No one seeking recognition, the question is, 'Shall House Bill 3513 pass?' All those in favor vote 'yes'; those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Sente. Clerk, take the record. On this question, there are 110 voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 23 of the Calendar, we have House Bill 2056, offered by Representative Osmond. Mr. Clerk, read the Bill."

"Representative Osmond."

"The Lady is seeking passage of House Bill 2056. And on the question, Representative Morrison is recognized. Out of the record. Representative Will Davis is recognized for a question." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"She indicates she will." Davis, W.: "If I understand what you said correct, Representative, you indicated that this will allow law enforcement agencies, which I assume to mean local police department, sheriffs departments, to be able to collect prescription drugs?"

"Further questions? Representative May."

"Yes, thank you. I just rise to commend the Sponsor for working with a very bright group of students who came up with this idea, a progressive idea because they're concerned about the quality of water. It is helping raise awareness that many people are flushing pharmaceutical drugs down their toilets, which is not a good practice because it can affect the quality of our water supply. So, I know that when you work with a group like this that it takes a little more time, but I commend you for your mentoring and listening to their very progressive idea. They came through the committee that I chair and they were astounding and impressed all of us. So, I thank you for bringing this forward and for working with our students on this very important measure." 09700038.doc 136  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

Speaker Colvin: "Representative Mell is recognized for a question."

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

"She yields."

"Don't… can't you bring your leftover pharmaceuticals to any pharmacy company?"

"Okay. So, you've asked like Walgreens and Osco?"

"Well, then I'm going to get my pharmacy in trouble because I've actually done that. So, I think I'll just sit down. Thank you."

"Representative Stephens is recognized for a question."

"Representative Osmond to close." 09700038.doc 137  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"The question is, 'Shall House Bill 2056 pass?' Those in favor vote 'yes'; those opposed vote 'no'. The voting is now 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 voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby considered passed. Mr. Clerk, on the Calendar on page 23… excuse me, on page 24, we have House Bill 3027, offered by Representative Crespo. Mr. Clerk, read the Bill."

"Mr. Crespo."

"Thank you, Speaker, Members of the House. This was brought to me by the Illinois State Board of Education; it's a cleanup Bill. It does four things. First, it makes changes to reflect the correct procedures used by ISBE for joint agreements. Secondly, it updates language to take into account procedural changes for filing and processing state aid claims. Third, it corrects language to make sure that certain definitions meet federal reporting requirements. And fourth, it addresses the type of fingerprint background checks for student teachers." 09700038.doc 138  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"The Gentleman has asked for passage of House Bill 3027. Seeing no one recog… offering recognition… asking for recognition, the question is, 'Shall House Bill 3027 pass?' All those in favor say 'yes'; all those opposed say 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Clerk, take the record. On this question, 110 voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Holbrook, for what reason do you rise?"

"For the purpose of an announcement."

"Your announcement, Sir."

"Public Utilities Committee is canceled for today. The Sponsor's not calling the Bill. So, Public Utilities today is canceled. We're a recessed committee."

"Representative Riley, for what reason do you seek recognition?"

"An announcement, Mr. Speaker. The Committee on Cities & Villages is also canceled for today. Cities & Villages is canceled for today."

"So, Public Utilities and Cities & Villages have been canceled for the day. Next on the Calendar on page 21, offered by Representative Flowers, we have House Bill 287. Representative Flowers with House Bill 287. Mr. Clerk, read the Bill."

"Representative Flowers." 09700038.doc 139  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"Thank you, Mr. Speaker. House Bill 287 would allow each school board or board of education to create a Committee on Retention of Students. I found out that over 121-odd thousand children are put back every four years. And that the teachers are doing the best they can, but sometimes there's obstacles that's keeping children from moving forward in the school and they're being held back. And we would like for a committee to take into consideration the teacher's performance and if there is anything that's involved with that particular student that's causing them to be retained and to make sure that they're getting the proper instruction. And I'll be more than happy to answer any questions that you may have in regards to House Bill 287."

"The Lady has moved for passage of House Bill 287. Seeing no one seeking recognition, the question is, 'Shall House Bill 287 pass?' All those in favor vote 'yes'; those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia. Mr. Clerk, take the record. On this question, 110 voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 21 of the Calendar, we have Representative Pihos with House Bill 1079. Mr. Clerk, read the Bill."

"Representative Pihos." 09700038.doc 140  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"The Lady is seeking passage of House Bill 1079. Seeing no one seeking recognition, the question is, 'Shall House Bill 1079 pass?' All those in favor vote 'yes'; those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Gabel. Mr. Clerk, take the record. On the question, there are 110 voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 23 of the Calendar, House Bill 2066, offered 09700038.doc 141  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 by Representative Jakobsson. Out of the record. Mr. Clerk, on page 22 of the Calendar, House Bill 1760, offered by Representative Lyons. Mr. Clerk, read the Bill."

"Mr. Lyons."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a Bill on behalf of the Water Reclamation District of Chicago concerning internal promotions. It merely requires that a candidate pass the separate part of the test on the efficiency before they go into the rest of the promotional part of the examination. So, it's an internal thing on promotional exams only, not for entry level positions, to make sure that internal requirements are met before they go to the entire… before the entire thing is looked at. And this will be an entry level into the entire promotional process that kind of clarifies the people who've done their seniority requirements as well as their performance appraisals. So, it's a good piece of legislation internal to the hiring process at the… at the Water Reclamation District. I ask for an 'aye' vote."

"The Gentleman is seeking passage of House Bill 1760. Seeing no one seeking recognition, the question is, 'Shall House Bill 1760 pass?' All those in favor vote 'yes'; those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunkin. Mr. Clerk, take the record. On this question, there are 78 voting 'yes', 32 voting 'no', and 0 'presents'. This Bill, having received 09700038.doc 142  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 the Constitutional Majority, is hereby declared passed. Representative Stephens, for what reason do you rise?"

"Mr. Clerk, on page 25 of the Calendar there is House Bill 3253, offered by Representative May. Mr. Clerk, read the Bill."

"Representative May."

"Thank you. And Mr. Speaker, it is so nice to see you in the Chair helping me pass this important Bill. Congratulations to you. This is an initiative of the Illinois Municipal Retirement Fund and it changes two provisions of the IMRF Section of the Pension Code. So, House Bill 3253 will ensure that new sheriff law enforcement members of the IMRF will no longer be able to convert service in other capacities other than law enforcement for their pension credits. It also sunsets the alternative credit option or eco option for elected county board members… elected county officers, more than board members. By eliminating these two methods of adding service credits, House Bill 3253 makes IMRF more affordable and sustainable over the long-term. I emphasize it is only for new members; therefore, we think it is constitutional. I 09700038.doc 143  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 applaud the initiative of IMRF with these administrative cost saving proposals and hope you will also."

"The Lady is seeking passage of House Bill 3253. Seeing no one seeking recognition, the question is, 'Shall House Bill 3253 pass?' All those in favor vote 'yes'; those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia, Dunkin. Chapa LaVia. Representative Dunkin. Representative Dunkin. Mr. Clerk, take the record. On this question, there are 110 voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 23 of the Calendar, we have House Bill 2051, offered by Representative Reboletti. Mr. Clerk, read the Bill."

"Mr. Reboletti."

"The Gentleman is seeking passage of House Bill 2051. And on the question, Representative Rose is recognized."

"He does, Sir."

"Further questions? Representative Riley."

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

"He indicates he will."

"Representative Reboletti, on my analysis it indicates that the College of DuPage itself is listed as an opponent. Can you kind of shed some light on that?"

"Well, how would those districts be split up? I mean, what kind of character… equal population? You know, normally, of course this is a departure from the way that, you know, most community college districts, you know, elect their trustees. But in other units of government, you know, often there's concerns about, you know, being sure that there's demographic representation and other kinds of things. So, what basically are you looking for in this instance to break up the district in the di…"

"Contiguous?"

"Yeah."

"And again, the ICCTA is an opponent. Is it just because you're upsetting the apple cart on the way things are done or did they have any more substantive opposition?"

"Okay. Thank you."

"Further questions? Representative Davis." Davis, M.: "Will the Sponsor yield, Mr. Chair… Mr. Speaker?"

"He indicates he will." Davis, M.: "Representative, this is just for your district?"

"Further questions? Representative McCarthy."

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

"He indicates he will.

"Representative, if we could go over this again. Oh, I'm sorry. First of all, all of the Representatives who represent parts of DuPage County have signed on to your Bill, is that correct?"

"Okay. And one other thing, have we been able to work the phasing out of the currently elected members or is that going to be taken care of over in the Senate?"

"Okay. Thank you for your work on this effort."

"Representative Reboletti to close." 09700038.doc 148  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"The question is, 'Shall House Bill 2051 pass?' All those in favor vote 'yes'; those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Tryon. Mr. Clerk, take the record. On the question, 104 voting 'yes', 4 voting 'no', 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 25 of the Calendar, we have House Bill 3293. Mr. Clerk, read the Bill."

Speaker Colvin: "Representative McAsey, I understand you're presenting this Bill?"

"Yes. Thank you, Mr. Speaker, Members of the House. This legislation is a change to our Criminal Code to address some concerns that have come out of the Will County State's Attorneys Office dealing with defendants who have had multiple priors for domestic battery. It's come to our attention that the dependent… that regardless of an inordinate number of priors that a Class IV felony is the only charge available. And so that we're doing is stepping up based on the number of prior felony convictions. And I would ask for the support of the Members. Thank you."

"The Lady has moved for support for 3293. And on the question, Representative Davis is recognized. Will Davis." Davis, W.: "Thank you, Mr. Speaker. Sponsor yield?" 09700038.doc 149  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"She indicates she does." Davis, W.: "Representative, I don't have the… have not had the pleasure of being a prosecutor so when you say priors are you talking about prior convictions?"

"Prior convictions, yes." Davis, W.: "Prior convictions?"

"Yes, prior convictions." Davis, W.: "Okay. So, normally or if this Bill… under normal circumstances or in the current situation, if someone has one prior conviction…"

"Under… under the current Code, the first conviction for domestic battery would be a Class A Misdemeanor. A second conviction and any subsequent convictions, you could have 10 prior convictions, that would still be a Class IV felony, the lowest class of felony. And so what this legislation does is after 3 prior convictions, it would then move to a Class III Felony, after 4 prior convictions so that would be a fifth offense, at that point it would move to a Class II Felony and 5, Class I, 6 prior convictions, Class X." Davis, W.: "Okay. And this is all around domestic battery, correct?"

"This is just, yes, within domestic battery. I think you would agree with me that we all are… are aware of instances of domestic battery, heinous crimes that have destroyed families. And I think it's important that our Criminal Code reflect the seriousness of this offense. And the… without having these changes, in every instance having Class IV Felony regardless of… of the repeat number of 09700038.doc 150  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 convictions, I think that's something that we ought to change through this legislation." Davis, W.: "So, currently under a Class IV Felony, what could be the possible sentence for that?"

"Currently a Class IV Felony would be a sentence of 1 to 3 years. If there was a… 1 to 3-year sentence." Davis, W.: "Okay. So, it is possible that someone Class IV Felony could receive 1 to 3 years?"

"That's correct." Davis, W.: "Okay. So, generally is it, say, accepted that… let's say someone was convicted a second time. Under the current situation, they could be convicted of a Class IV Felony. Is it still 1 to 3 years or does the length of time differ if it's multiple convictions under the current situation… current statutes?"

"If an individual was charged with a Class IV Felony, it would be a 1 to 3 year-term that would be authorized." Davis, W.: "And that's it. So… so if we're talking about a repeat offender…"

"Right." Davis, W.: "…with a Class IV Felony, it's still 1 to 3 years?"

"That's my understanding." Davis, W.: "That's… that's your understanding. So, no matter how many times that person is… that he can be… he or she can be sentenced anywhere from 1 to 3 years…"

"Three years, right." Davis, W.: "…no matter how many times?"

"Right." 09700038.doc 151  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 Davis, W.: "So, if they're a repeat… repeat offender, there's no enhancement of the penalties at that point…"

"No." Davis, W.: "…under current statute?"

"Right. Unless there was a situation where we had great bodily harm, if there was a situation where the facts warranted great bodily harm, then under our statute… our current statute there would be an enhancement. But as a Class IV Felony, the sentence would be 1 to 3 years. So, someone who continues to be an offender…" Davis, W.: "Do you have any… any statistical data that speaks to what the numbers look like for someone… for repeat offenders in that respect? I… I assume you're trying to address something."

"Right." Davis, W.: "So, does the data bear out what you're trying to address?"

"I am trying to address specific concerns that were brought to me by members of the Will County State's Attorneys Office who work in the domestic battery courtroom and who have seen the same defendants coming back to court over and over and over again and each time all that the office is able to charge is a Class IV Felony. And when someone has multiple priors, when we have perhaps the same or different victims we have families that are… are repeatedly being destroyed by these sorts of batteries… violent crimes." Davis, W.: "Well, it… it sounds to me like, and while I'm not trying to make light of domestic battery in any sense, 09700038.doc 152  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 that… that what's lacking I guess in Will County since that's where the issue came from are support services that also need to be in place as well. Because what you're saying is that obviously someone has… is a repeat offender and we're saying that the best thing to do is just increase the penalties and put them away. You know, is there anything in place that Will County has that deals with the family situations where… where anyone can receive counseling? Is that part of this in any way?"

"Well, cert… certainly… certainly there are counseling services available as a general matter of court." Davis, W.: "But… but I… but I mean…"

"In the disposition of these cases, anger management is something that is ordered by the court. Different counseling is ordered by the court in various cases. Yes, those community-based supports do exist. That being said, there are still instances where defendants continue, whether it's with the same victim, whether it's with different victims, repeatedly engaging in acts of domestic battery. And I think that recognizing the seriousness of this offense that we ought to have a Criminal Code that recognizes that a Class IV Felony, the lowest class of felony, when we have repeated offenders that… that is not something that we ought to stand for." Davis, W.: "Well… I guess… I guess some of my challenge is that… is that we're very quick to say if you're a multiple offender that we should increase penalties and I understand that, but if… if we're not mandating, that someone comes back a second time or a third time, that counseling 09700038.doc 153  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 services are mandated as a part of that sentence… mandated…"

"And they are… they are." Davis, W.: "They are mandated?"

"Yes. Yes." Davis, W.: "And that's in every situation? And you can speak to those things being part of every situation?"

"I… I am not currently in… I'm not currently in the courtroom, but my understanding is that, as a course within the disposition of those sentences, that, yes, anger management, appropriate counseling is ordered as a condition of the sentence." Davis, W.: "Well, I appreciate what you're trying to do. And if I could have some assurance that someone would be ordered for counseling before penalties are enhanced, then I think I could probably be okay with this, but unless I have that assurance that these types of things happen first… certainly, that's a tough vote for individuals here because, you know, nobody wants to be perceived as being soft on crime, particularly in domestic situations, but I think we need to use the entire arsenal of tools available to try to deal with these situations versus just simply saying, if you're a multiple offender, let's just increase the amount of jail time that you can have and just put you away without trying to utilize some of those services first in situations and then the possibility of enhanced penalties as a result. So, I'm probably going to vote 'present' on your Bill."

"I respect that." 09700038.doc 154  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 Davis, W.: "Again, to support what you're attempting to do, but maybe there's more that we can do before we get to the point of enhanced penalties. So, thank you very much, Representative."

"Thank you."

"Representative Thapedi."

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

"She indicates she will."

"Representative McAsey, we're both lawyers so I think that we both kind of understand some of the issues here. And… and I do notice that there is a correctional note that was requested and you do have the data. Do you see that in your analysis?"

"I… I do see the… yes, what… I have the correctional note."

"And what do the Department of Corrections opine?"

"Well, reading from the information that I have in front of me the Department of Corrections does estimate and… and… they… they would estimate that this could bring about an additional 128 inmates over a 10-year period."

"And there are some figures as well that is included in that correctional note, are there not, as far as operational costs and construction costs?"

"There… there are also some figures… a figure of approximately $22 million related to operating costs, construction costs it appears around $10 million. I don't know how the Department of Corrections came to these numbers. I would like to think that by having these sort of statutes on the books hopefully we get to a point as other 09700038.doc 155  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 Representatives have discussed where we are holding people accountable for violating our laws, but by having tougher penalties also deterring individuals so that they do not end up within the Department of Corrections."

"Thank you for that clarification, Representative."

"With no one else seeking recognition, Madam McAsey, would you like to close?"

"I urge the support of the Members of the Body. I believe that domestic battery is a serious offense within our community. It's something that destroys families and homes. And I think it important that we have a criminal statute that reflects the seriousness of the offense. I urge your 'aye' votes. Thank you."

"The question is, 'Shall House Bill 3293 pass?' All those in favor vote 'yes'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Verschoore. Mr. Clerk, take the record. On this question, 102 voting 'yes', 5 voting 'no', 3 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 25 of the Calendar… Out of the record, momentarily. Representative Morthland, you're recognized."

"State your privilege, Sir."

Speaker Colvin: "Welcome to Springfield. For the record, Representative Morthland, we often question his wisdom, too. Mr. Clerk, on page 25… Representative Davis, Monique Davis, for what reason do you seek recognition?" Davis, M.: "Thank you, Mr. Speaker. I rise to announce that the Insurance Committee is canceled."

Speaker Colvin: "Insurance Committee for this evening is canceled. Representative Stephens for what reason do you seek recognition?"

"Mr. Clerk, on page 25 of the Calendar, we have House Bill 3184, offered by Representative Mell. Mr. Clerk, read the Bill."

"Representative Mell."

"Thank you, Mr. Speaker, Members of the House. HB3184, as amended, would just add to the dialogue that is currently going on in the Campaign Finance Reform Task Force. And it 09700038.doc 157  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 kind of requires them to… to talk about developing a training program that would-be candidates would have to go through before they filed for their campaign committees."

"The Lady is seeking passage of House Bill 3184. Seeing no one seeking recognition, the question is, 'Shall House Bill 3184 pass?' Those in favor vote 'yes'; those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Ford. Representative Ford. Mr. Clerk, take the record. On this question, 110 voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 24 of the Calendar, we have House Bill 2093, offered by Representative Reis. Mr. Clerk, read the Bill."

"Representative Reis."

"The Gentleman has moved for passage of House Bill 2093. Seeing no one seeking recognition, the question is, 'Shall House Bill 2093 pass?' Those… all in favor vote 'yes'; all opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative May. Mr. Clerk, take the record. On the question, there are 110 voting 'yes', 0 voting 'no', 0 voting 'present'. The Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 25 of the Calendar, we have House Bill 3236, offered by Representative Mendoza. Mr. Clerk, read the Bill. Excuse me, Clerk, my… my apologies. On page 25, it's House Bill 3238, offered by Representative Mendoza. Mr. Clerk, read the Bill."

"Representative Mendoza."

"Thank you, Mr. Speaker. I couldn't really help you much on 3236, so I appreciate you putting my Bill up there. And it's nice to see you in the Chair. Ladies and Gentlemen of the House, House Bill 3238 is a variation on the DNA for felony arrestee Bills that I've introduced over the last four or five Session years. That Bill as you may recall, 09700038.doc 159  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 most of you may recall, has passed overwhelmingly out of this chamber with over 100 votes each time only to find a swift death in the Senate. We now revisit this idea of allowing for a DNA sample to be taken of folks who are arrested for certain felony offenses. This Bill is a narrow-downed version of my original Bill, but I think it's an important step and a large step in the right direction in terms of protecting, in particular, women from serial rapists and folks from serial murderers. What the Bill would do is that it would require a DNA sample be taken of anyone arrested for specific felony offenses. Those specific felony offenses are first degree murder, home invasion, predatory criminal sexual assault of a child, aggravated criminal sexual assault or criminal sexual assault. This Bill also would require all sex offenders registering in Illinois to provide a DNA specimen regardless of the date of conviction or the state in which the offender was convicted. This is an incredibly important piece of legislation, which I would thank you all ahead of time for having supported in the past. I would ask for your support once again and your indulgence in voting 'aye' on this legislation and have it be a recognition that DNA is the fingerprint of the 21st century. It is by far the most important and concise and effective identification tool that we have. And most importantly, will be a very effective tool in both convicting the guilty, making sure we have the right folks behind bars, but also making sure that we never again in this state when there is DNA evidence present wrongfully exoner… I mean wrongfully 09700038.doc 160  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 convict an innocent man. This is a tool that will convict the guilty and exonerate the innocent. And I would entertain any question you might have, but ask for your support."

"The Lady has asked for passage for House Bill 3238. And on the question, Representative McAsey is seeking recognition."

"Thank you. Thank you. I rise in support of the Bill. I want to commend Representative Mendoza on her hard work over years and years pushing the… pushing the envelope here with the DNA collection, pushing this issue forward. This year she's been joined by the Attorney General's Office. I know there's been great work added to the efforts by Mike Hood within that office to bring this very important legislation forward that will allow for in these most serious offenses, after a probable cause hearing that, including sex offenses, that we collect this DNA. It will lead to more DNA collection, more in our federal database, more hits in cold cases and greater justice for victims. And I commend Representative Mendoza for all of her hard work."

"Representative Mendoza."

"Is this to close?"

"No."

"Are there other Members seeking recognition?"

"I thought you were seeking recognition."

"I'm sorry."

Speaker Colvin: "There are. Further questions on… on the question is Representative Monique Davis." 09700038.doc 161  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 Davis, M.: "Thank you, Mr. Speaker. First I'd like to commend Representative Mendoza on being elected to the City Clerks Office in the county, let's give her a big hand. She'll be gone. Well, to the Bill, Mr. Speaker. You're asking that we collect DNA from people who are arrested but not convicted?"

"Representative, yes. This legislation like the prior years would allow for felony arrestees to submit a sample of DNA. The big difference though in this Bill that was not the case in the prior legislation, which you supported by the way, was that this legislation would allow for the DNA sample to be taken after a finding of probable cause. And it's for five very specific offenses." Davis, M.: "Well, I mean, the arrest… the arrest would be perhaps probable cause?"

"Well, I would have argued that in the prior legislation. Many Members in this Body did not feel that that was enough probable cause. So, this is after a judge finds where there's an indictment of probable cause. So, it is very narrowly drafted. And that was working with the Senate Members who were opposed to this legislation in the last year. For example, Senator Kwame Raoul who will now be carrying this legislation in the Senate and the Attorney General's Office." Davis, M.: "What… what is the cost… what is the cost for a DNA sample?"

"Two hundred and fifty dollars, Representative." Davis, M.: "Two hundred and fifty dollars per person?"

"Yes. And again, there will…" 09700038.doc 162  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 Davis, M.: "Where will it be stored?"

"The DNA is analyzed by our crime lab that currently does our DNA analysis." Davis, M.: "So, you know, the last time I visited that lab they told us there was a huge backlog. In fact, a horrible crime had been committed in Chicago and samples were brought to the lab and they were being asked to please hurry and get to this because they felt they had the right suspect. And they had a very difficult time because their backlog was so large. What do you perceive this backlog to be if every person arrested, not convicted, gives a DNA sample?"

"Well, that's a great question, Representative. And the… the current DNA samples, you can recall, there was a massive backlog, which has been addressed and we've passed legislation in this Body precisely to better address the backlog. Because those samples, if left untested means, you know potential rapists or killers out on the streets that have not been brought in. And it also could potentially mean that the wrong person is being arrested or… or even tried for a crime that they did not commit. So, it's very important to address the backlog. This… this Bill would not really add very much at all to the current situation because it is so narrowly drafted to only address five major types of crime and those are murder and criminal sexual predatory assault. So, the Illinois State Police does not feel that this would add an insurmountable burden to them or even frankly a large burden to them, given that it's a small universe of people that we're talking about, but again, it's a… it's a huge step." 09700038.doc 163  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 Davis, M.: "Who are the people… Representative Mendoza, who are the people opposed to your legislation?"

"That I know of, I believe, the ACLU filed in opposition, but that's all that I know of. There's really no other opposition to this Bill that I… that I'm aware of." Davis, M.: "I think the only other opposition is based upon their perception that a tax increase will be needed in order to pay for these DNA tests as well as the number of storage facilities that will be needed. To the Bill, Mr. Speaker. I do believe that Susana Mendoza, our new City Clerk in Chicago as of May 16, has the real idea and initiative to prevent crime or catch criminals and get them convicted. But I do believe that at this time testing or getting DNA samples from people who are arrested and not convicted regardless to the reason for their arrest, it really is violating their rights. They are… they have not been convicted, they are not under the jurisdiction of the courts and to have to give up a DNA sample is just not the right thing that should happen. Plus, it's going to be very costly. I think the ACLU has concern that DNA can be used for a number of things. There could be genetic codes in reference to your heritage, your background. There can be genetic information in reference to your health. Are you susceptible to diabetes? Will insurance companies start to use this information in deciding who will get insurance? I understand that once you've been convicted, you're no longer in charge of your own person. Therefore, once a conviction takes place perhaps a DNA sample should be 09700038.doc 164  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 given, but prior to that, I think we'd give up an awful lot of our freedoms if we say, if you arrest me and you can charge me then you can get my DNA sample. I just don't want to see us go down that road. With all due respect to the Sponsor and I do believe she's intended well. Thank you, Mr. Speaker."

"Further questions? Leader Currie."

"Thank you, Speaker and Members of the House. I agree that the Sponsor of this Bill has made significant efforts to limit its scope, but I still must rise in opposition. DNA testing provides very important personal information. DNA tests under our rules are charge… are… are shared with federal, with local offices. Thousands of people who are arrested, even for these very serious crimes, are never convicted, are never found guilty and yet that DNA information, personal sensitive information, of people who were arrested but never convicted becomes part of a lot of different databases. Second, it's a very expensive proposition. Testing can cost up to $100 per person. And if you're talking about thousands who were arrested, but never convicted, this is a significant hit on our Treasury. Finally, we know that the DNA database right now… I'm sorry, the DNA lab right now is way backlogged. In January, the Tribune reported 4 thousand rape test kits were not yet tested. So, the idea of sending even more and more and more material to a lab already overworked, already way waterlogged, just doesn't make sense. We also know that large numbers of members of minority groups are arrested and not convicted. So, we have disproportionate impact on 09700038.doc 165  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 people of color. So, for these reasons the fact that conviction is one thing, arrest is something entirely different, we need to protect people's privacy. We ought not to make these databases available including information about people who are never convicted of a crime. I think this is not good public policy. I think it's of questionable constitutionality and I think there's no question but we can't afford the cost of this proposal. I urge a 'no' vote."

"Further questions? Representative Durkin."

Speaker Colvin: "Further questions? Representative Riley is recognized."

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

"She indicates she does."

"Representative, in all of the discussion and some of the excitement going on, you might have, you know, answered this question, but I'm not sure. So, I'm going to ask you again. Did the ACLU take off their initial opposition to the Bill?"

"Not that I know of."

"All right. So, they're still opposed?"

"As far as I know, they have filed in opposition every time we've done this Bill."

"So, your Amendments, notwithstanding, they're still in opposition to the Bill?" 09700038.doc 167  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"Right. And again, the… even with the very narrowly drafted Amendment I think they just oppose it on the principles that, you know, Representative Currie mentioned on the Fourth Amendment. But I would say that the… this has been challenged in court on multiple occasions and has always been upheld as constitutional."

"Thank you."

"Further questions? Representative Reboletti."

"Representative Mendoza to close."

"Thank you very much, Mr. Speaker and Ladies and Gentlemen. I appreciate the healthy debate on this issue. Once again, DNA is the fingerprint of the 21st century and frankly folks, it's here to stay. There's 20 states already that do this in a much more expansive manner. But I want to thank the Attorney General's Office for her leadership on this initiative as well and every Member who has supported me in this endeavor over the last five years. It's the right thing to do, both on the side of convicting the guilty and also very incredibly important on the side of exonerating the innocent and on making sure that Illinois does things right and never again wrongfully incarcerates a person who's innocent when there is DNA that would expose an otherwise truth. Thank you very much for your support and I look forward to an 'aye' vote."

"The question is, 'Shall House Bill 3238 pass?' All those in favor vote 'yes'; all those opposed vote 'no'. 09700038.doc 169  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Yarbrough. Mr. Clerk, take the record. On this question, 99 voting 'yes', 9 voting 'no' and 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lyons is seeking recognition. For what reason do you rise, Sir?"

"Point of personal privilege, Speaker. Good news from 35th and Shields, White Sox 5, Tampa Bay 1. And Mr. Speaker, as long as I have everybody's attention on such a glorious day for the White Sox opener, I have… White… Cardinal, Cub fans hold on, you're all invited to this stuff. We're going have out 10th Annual White Sox Caucus, the annual meeting. It'll be this year at D J (sic-DH) Brown's on May the 10th. So, secretaries, mark the calendars, White Sox Caucus. Cubs, Cardinal fans, you're always welcome. May 10 at D J (sic-DH) Brown's, it's just an evening get together to watch the Sox when they're out in California. Thank you, Mr. Speaker and Ladies and Gentlemen of the House."

"Representative Reitz, for what reason do you rise?"

"A point of personal privilege."

"State your point."

"Along the calendar of ballgames, the House-Senate ballgame is next Wednesday, so everyone bring your gear along. We'll try to have practice next Tuesday. Representative Osterman will lead us again on the field, I hope. It's good to have… especially all the young players. 09700038.doc 170  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011 If you can play ball, come out. It's good to have your youth and fresh lungs. So, we appreciate… we appreciate everyone getting ready for next week. Thank you."

"Mr. Clerk, on page 29 of the regular Calendar, we have two Motions to Table House Bill 1511. We're going to take these two Motions in… in one Motion. House Bill 1511, offered by Representative Holbrook and House Bill 3219, represented by Pihos, to table both Bills. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Bills have been tabled. Mr. Clerk, committee announcements."

"Mr. Clerk, Agreed Resolutions." 09700038.doc 171  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011

"All those in favor of adopting the Agreed Resolutions say 'aye'; those opposed… In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions have been adopted. Representative Karen May, for an announcement."

"Thank you, Mr. Speaker. Ladies and Gentlemen, the much awaited Capitol Capers is scheduled for May 11 at the Hilton this year. And I would like to report that we have a very creative and exciting, creative team working on our program. The creative team will meet tonight at 6 p.m. at the Pasfield House to continue our free thinking and deliberations. If there is anyone who is creative and wants to get involved, we invite you to join us. But again, the creative Cap… Capitol Capers team at the Pasfield House at 6 p.m."

"Mr. Clerk, if we can readdress the Agreed Resolutions. Representative Currie moves that the House adopt the Agreed Resolutions. All those in favor say 'aye'; those opposed… and Agreed Resolutions have been adopted. And now, allowing perfunctory time for the House (sic-Clerk), the House will stand adjourned until Friday… Leader Currie moves that the House stands adjourned until Friday, April 8 at 10 a.m. Everyone have a good evening. All those in favor say 'aye'; all those opposed. In the opinion of the Chair, the 'ayes' have it. And the House is adjourned." 09700038.doc 172  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 38th Legislative Day 4/7/2011