Illinois House Floor Debate — April 15, 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 Reverend Jeremy Cagle who is with Southern View Chapel in Springfield, Illinois. Reverend Cagle is the guest of Representative Raymond Poe. Members and guests are asked to please refrain from starting their laptops, turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance. Reverend Cagle."

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

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

"Thank you, Speaker. Please let the record show that Representatives Chapa LaVia and Jones are excused today."

"Thank you, Representative. Bill Bost… Michael Bost, status on Republicans."

"Thank you, Mr. Bost. Mr. Speaker, take the record. There are 110 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. Mr. Clerk."

"Mr. Clerk, read the Adjournment Resolution, please."

"Representative Currie moves for the adoption of the Adjournment Resolution. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Adjournment Resolution is adopted. Don't get excited. We're not going anywhere; we just adopt the Resolution. Representative Ford, for what purpose do you seek recognition, Sir?"

"Thank you, Mr. Speaker and Members of the House. I rise and for personal recognition of a good friend birthday, Representative Camille Lilly. We want to give her a round of applause for her birthday. And we also have a good friend, Rob Moon's birthday, and Harold Washington's birthday is today. He would have been 89. So, we celebrate good people's birthday even though it's tax day. Thanks."

Speaker Lyons: "Thank you, Representative Ford, for those announcements. Happy Birthday, Camille, many happy, heal… happy, healthy more. Representative JoAnn Osmond, for what purpose do you seek recognition, Ma'am?" 09700044.doc 4  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

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

"Thank you, Mr. Speaker. I just simply want to admonish the Chair for teasing the Members the way you did a few minutes ago with the Adjournment Resolution. Speaking for all the Members, we're pretty unhappy. Thank you, Sir."

Speaker Lyons: "I'm speechless, Representative Lang. Representative Roger Eddy, for what purpose do you seek recognition, Sir?"

"Please proceed, Representative."

"Happy birthday, pal. Thanks for your hard work on behalf of everybody in this House. Representative Jim Durkin, on the Order of Third Readings, we have House Bill 1717. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Jim Durkin." 09700044.doc 5  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

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

"Thank you, Mr. Speaker. Parliamentary inquiry. We're there…"

"Sponsor yields."

"I see there was two Amendments. Have either been adopted?"

"Thank you, Mr. Clerk."

"Thank you. Representative, are you planning on… on having any Amendments put on in the Senate after this Bill passes?"

"Okay. I… when you brought this Bill to committee, I thought it was… I like the idea. And I was hoping, at that time, that we could extend this because I like… I think that what the Bill does is it prohibits people who are appointed by the Governor on certain boards and commissions from utilizing their campaign funds. Is that correct?"

"Right." 09700044.doc 6  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"A hundred percent. And you'd think that people who are appointed in governmental positions who seek… who work at the pleasure of either the Governor or other appointing bodies, should not remain political. They should not be using political funds."

"Well, I think that's a good start. I… I just don't understand why we wouldn't do it for all. Because I don't know the difference, quite frankly, on a policy basis between one who's appointed by a Governor, who has the ability to influence policy and to spend state dollars, and one who would be appointed by a county board chairman. And the reason… you use the ICC as an excellent example and that's why I supported your Bill, but we also have same issues when it comes to Metra and other boards that are appointed because these folks are appointed very politically as you'll… you'll find out hopefully later 09700044.doc 7  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 today. The Chairwoman of Metra will be resigning which I think is a major step forward. I don't think that would have happened, but for the pressure that we put on as a General Assembly. But those folks have… they're spending mult… hundreds of millions of dollars, they're appointed politically, and they're able to have their same political campaign committees still operating. I don't see the difference between someone who controls hundreds of millions of dollars of our tax dollars with some other body except for the fact that there's a Democratic Governor who might appoint here and Republican people who might appoint them in the suburbs. I don't want this to be partisan. I think good government is good government and we should have it across the board. And I would ask for you to… to make that change."

"Okay. Hopefully, you'll work with me on a Bill and you'll be my cosponsor on that Bill then." 09700044.doc 8  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"All right. Thank you."

"Representative Durkin to close."

"The question is, 'Should House Bill 1717 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 Carol Sente, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes'; 0 voting 'no'. This Bill, having received the Constitutional Amendment, is hereby… Constitutional Majority, is hereby declared passed. Mr. Clerk, Agreed Resolutions."

"Representative Lang moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Representative Eddy."

"Ladies and Gentlemen, I think I've advised this Body very much in the past. Even though I'm driving the bus, somebody else tells me where to turn left and turn right. So, just remember that. On the Order of Third Readings, Representative Brauer. Is Representative Brauer in the chamber? Ladies and Gentlemen, can I have your attention. Staff, would you please retire to the rear of the chamber. Representative Bost on House Resolution 221. Shhhh. Mr. Clerk."

"Mr. Bost."

"A moment of silence. May the soul of Will Templeton and all the faithfully departed rest in peace. Amen. Thank you, Representative Bost. Who moves that the adjourn… that the Amendment be adopted unanimously by all Members being cosponsors. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 221 is unanimously adopted. Thank you, Ladies and Gentlemen. Representative Beiser, back to the Order of House business, on the Order of Third Readings, on page 18 of the Calendar, 09700044.doc 13  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 Representative, you have House Bill 1041. Read the Bill, Mr… Out of the record. Representative Toni Berrios, on the Order of Third Readings, you have House Bill… on page 17 of the Calendar, House Bill 332. Read the Bill, Mr. Clerk."

"Representative Toni Berrios."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 332 is to create a uniform race ethnicity classification across state agencies. The U.S. Census classifications will be implemented to ensure that the state is meeting federal reporting requirements and to improve the state performance monitoring. I'd ask for a favorable vote."

"You've heard the Lady's explanation. Are there any… is there any discussion? Seeing none, the question is, 'Should House Bill 332 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Monique Davis, Dunkin, Randy Ramey, Keith? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Berrios, you also have, on the Order of Third Readings, on page 17 of the Calendar, House Bill 350. Read the Bill, Mr. Clerk."

"Representative Toni Berrios."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 350 is a technical change to the Notary Public Act. We are just allowing them to consulate identification cards as a valid form of ID as we do in other state statutes. Thank you."

"You've heard the Lady's explanation of the Bill. Is there any discussion? Seeing none, the question is, 'Should House Bill 350 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 Nybo. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Rich Brauer, on the Order of Third Readings, you have, on page 21 of the Calendar, House Bill 3175. Out of the record. Mr. Clerk, on page 21 of the Calendar is House Bill 3315. Read the Bill, Mr. Clerk."

"The Chair recognizes Rep… Representative JoAnn Osmond."

"You've heard the Lady's explanation on House Bill 3315. Is there any discussion? Seeing none, the question is, 'Should House Bill 3315 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 Crespo. Keith Sommer. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Danny Burke, on page 20 of the Calendar, on the Order of Third Readings, you have House Bill 1964. Read the Bill, Mr. Clerk."

"Out of the record, Mr. Clerk. Representative Bill Cunningham, on the Order of Third Readings, on page 18 of the Calendar, you have House Bill 711. Read the Bill, Mr. Clerk."

"Representative Cunningham."

"Thank you, Mr. Speaker, Members of the House. House Bill 711 is an initiative of the State Fire Marshal and the Music Entertainment Pyrotechnics Task Force. This task force was created by this Body a couple years ago. The Members were appointed by Speaker Madigan and Leader Cross. And the Bill seeks to codify the task force recommendations. Briefly, the main goal of the Bill is to properly license out of state production companies when they come to Illinois for concerts and music performances 09700044.doc 16  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 featuring pyrotechnics. It will allow out of state companies to associate themselves with Illinois based production companies and will require them to be properly insured. I'd be happy to answer any questions."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 711 pass?' All those in favor signify by voting 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brauer, Crespo, Mary Flowers, Jerry Mitchell, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Will Davis, on the Order of Third Readings, on page 20 of the Calendar, you have House Bill 3005. 3005. Read the Bill, Mr. Clerk."

"Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. Yesterday, we adopted Amendment #5 to… to this, which essentially becomes the Bill. I'd like to say that in our last adoption of the Amendment we tried to incorporate most of the concerns of the office of the Cook County Public Guardian, the Attorney General, Healthcare and Family Services, and some members of the committee that expressed some concerns about this Bill. And remember, yesterday Amendment #5 removes the option of currently charged offenders and simply relies on 09700044.doc 17  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 convictions or pleas of no contest before proceeding in these areas. Simple synopsis of the Bill simply states that for purposes of child protection proceedings this Bill excludes from the definition of parent a person, man or woman, who has been or could be deemed a parent under the Illinois Parentage Act or similar law in any other state and has been convicted or declared no contest in any of the following: sexual relations with families, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault, or aggravated criminal sexual abuse. The conviction or plea of no contest of these crimes by that person must have resulted in the conception of the minor at issue in the child protection proceeding only and does not eliminate the responsibility of that person to provide child support for that minor. The purpose of the Bill is that the Bill aims to protect the victims of sexual abuse and the child or children born as a result of that abuse by eliminating the perpetrator from all proceedings involving that child or children in child protection cases. This Bill also allows for the elimination of the perpetrator as a parent based on the finding of clear and convincing evidence in child protection proceedings. This prevents the perpetrator from obtaining benefits from the… of the system and of the child based on his or her crime such as: notice of the proceedings, access to the victim, access to the court appointed counsel, and most importantly, access to discovery, and the victim's or minor's personal information. This protects minors from potential harm at 09700044.doc 18  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 the hands of these perpetrators and prevents… prevents convicted perpetrators who are also the guardians of the child or of the minor parent from gaining… from granting consent to themselves regarding visitation or custody of that child. There are other states that include New York, Missouri, Wisconsin, Idaho, Maine, Nevada, and New Jersey that have similar statutes that limit or restrict parental rights based on the conception of a child through criminal sexual abuse or similar statutes. I'd be more than happy to answer any questions."

"We've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Jim Durkin."

"The Sponsor yields."

"Representative Davis to close." Davis, W.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Thank you very much for your indulgence in this issue. I know this may be somewhat sensitive to some but this is indeed trying to address a series of potential situations that have arose. And I'll be… I… I hope for an 'aye' vote."

"The question is, 'Should House Bill 3005 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? Crespo, 09700044.doc 20  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 Mitchell, Reboletti. Jerry. Mr. Clerk, take the record. On this Bill, there are 105 Members voting 'yes', 0 voting 'no', 5 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Greg Harris, on the Order of Third Reading, you have House Bill 1193. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Greg Harris." Harris, G.: "Thank you, Mr. Speaker, Members of the General Assembly. This Bill is the result of a number of years negotiation between health care providers and the insurance industry. It would put a time limit of 18 months on recoupments and offsets by the insurance industry, which is the process whereby insurers go back and complete their internal audits and reconciliations for double payments or overpayments to providers, such as doctors, pharmacies, dentists, et cetera. It includes exemptions for adjudicated fraud, cases of double payment by a third party purveyor and the state CHIP program. I'd be happy to answer any questions."

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

"Representative Chapin Rose."

"Representative Harris would you like to improve upon Representative Rose's close?" Harris, G.: "I could never improve upon the Honorable Gentleman. But I would just like to say this, Ladies and Gentlemen of the House, in a perfect world if the medical providers in our district had their way they would get paid, the insurers could never come back after them if an 09700044.doc 24  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 error had been made. If the insurers had their way, they would like to be able to come after the medical providers from here to eternity. What we're trying to do here is establish a reasonable time frame for people to do their auditing, their internal reviews, and close the process. And this is particularly important to doctors, to dentists, to pharmacies in our neighborhoods who do not have the accounting staff and the legal staff to do this on a protracted basis. We're… we're asking people to do their reconciliation, do their accounting within an 18-month period. We're exempting out fraud. We think it's a fair compromise. I would ask for an 'aye' vote. Thank you."

"The question is, 'Should House Bill 1193 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? Hammond, Mussman, Sacia, Tracy. Representative Mussman, like to be recorded? Mr. Clerk, take the record. On this Bill, there's 82 Members voting 'yes', 28 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Randy Ramey, on the Order of Third Reading, on page 20 of the Calendar, you have House Bill 2259. Read the Bill, Mr. Clerk."

"The Gentleman from DuPage, Representative Randy Ramey." 09700044.doc 25  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 2259 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? Will Davis. Mr. Clerk, take the record. On this Bill, there are 79 Members voting 'yes', 31 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Naomi Jakobsson, on the Order of Third Readings, on page 20 of the Calendar, you have House Bill 1948. Read the Bill, Mr. Clerk."

"Representative Naomi Jakobsson."

"Thank you, Mr. Speaker. House Bill 1948 is… requires governmental agencies that own or have access to surveillance cameras… video surveillance cameras to disclose to the Illinois Criminal Justice Authority the 09700044.doc 26  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 number of the cameras and their privacy regulations, if they have any. It also requires that the agency… that the authority post the information on its website. This does not include traffic cameras, only those that are placed outdoors and on mass transit. It does not seek information about the location of any cameras and does not threaten public safety. House Bill 1948 is about transparency. So, I would urge an 'aye' vote."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 1948 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? Barbara Flynn Currie. Mr. Clerk, take the record. On this Bill, there are 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dan Reitz, on page 18 of the Calendar, you have House Bill 390. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Gentleman from Randolph, Representative Danny Reitz."

"Thank you, Mr. Speaker. House Bill 390 will allow the Department of Natural Resources to lease a mine within Pyramid State Park. We have a coal company that wants to mine a private parcel that is adjacent to the park. You can't put… do any mining procedures within 300 feet of a state park. This would just allow DNR to lease them ground 09700044.doc 27  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 so they can do the mining. At the end of that time, the 240 acre parcel will be donated to Pyramid or to the state and become part of Pyramid State Park. So, I think this is one of those where it's a win-win. We have good economic development. We have an opportunity for us to just basically allow them to use ground that we're currently not using right now and at the end of this we'll have 240 acres of open space added to the state. And I'd be happy to answer any questions."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 390 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 108 Members voting 'yes', 2 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Carol Sente, on the Order of Third Readings, on page 18 of the Calendar, you have House Bill 1130. Read the Bill, Mr. Clerk."

"Representative Sente." Sente: Thank you, Speaker. The unfortunate impetus of House Bill 1130, 'Zack's Law', is the death of a five-year-old boy named Zack Tran who was killed when an unanchored soccer goal fell over on him. This incident was not a fluke accident. Since 1979 there have been 36 deaths and 56 09700044.doc 28  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 injuries due to unsecured and improperly secured movable soccer goals. Several states have already adopted some form of soccer goal safety legislation. This Bill seeks to prevent future such injuries and deaths in two manners. One, any organization that owns or controls a movable soccer goal must create a soccer goal safety and education policy that will outline how their organization will specifically address the safety issue. Two, future movable soccer goals will have new ASTM manufacturing standards to increase their tip-resistance by changing the goal's weight distribution so they rest more securely. Manufacturers and distributors have one year from the date of this Act to stop manufacturing, selling or distributing any type of movable soccer goal, but the new tip-resistant goal. I have worked extensively with the family, ITLA, the park districts, and PDRMA, their risk pool, to work on the Bill language. I also reached out to the Illinois Merchants Association and the Illinois youth soccer organization. And I would like to thank all parties for working cooperatively on this manner. There are no opponents to this Bill. And I ask for an 'aye' vote."

"You've heard the Lady's explanation on the Bill. 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? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. 09700044.doc 29  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 Representative Ann Williams, on the Order of Third Reading, on page 20, you have House Bill 3034. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3034 provides consumer protections against storm chasers, fly-by-night contractors, often from out of state, who blanket an area after a catastrophic storm preying on homeowners to get consumers to sign off on contracts for home repair doing shoddy work or no work at all. This is an agreed Bill. And I want to thank the insurance industry, the home builders, the roofers, and the Attorney General's Office for coming together and working hard to get this Bill agreed. I ask for an 'aye' vote. And I'm happy to answer any questions."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 3034 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 Ed Acevedo. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Williams, you also have, on the Order of Third Reading, House Bill 2903 on page 20 of the Calendar. Out of the record. 09700044.doc 30  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 Representative Saviano, on Third Reading, on page 19 of the Calendar, Skip, you have House Bill 1490. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Skip Saviano."

"You've heard the Gentleman's explanation on House Bill 1490. Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Al Riley."

"Will the Sponsor yield?"

"Sponsor yields."

"Representative Saviano, you have been working on this and many other related issues for quite some time. Can you tell me why there's still opposition to this Bill, especially, you know, the number of… of organizations? I know some of these are traditional karate organizations, but there also some mixed martial arts organizations too. Why are they opposed to this Bill?" 09700044.doc 31  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Thank you for the explanation."

"The Chair recognizes the Gentleman from Peoria, Representative Da… David Leitch."

"The Sponsor yields."

"Representative Saviano to close."

"The question is, 'Should House Bill 1490 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? David Harris. Mr. Cler… Mr. Clerk, take the record. On this Bill, there are 72 Members voting 'yes', 37 Members voting 'no', 1 Member voting 'present'. This Bill, having 09700044.doc 32  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 received the Constitutional Majority, is hereby declared passed. Representative Mike Zalewski, on the Order of Third Readings, on page 18 of the Calendar, you have House Bill 1218. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Mike Zalewski."

"Thank you, Mr. Speaker. House Bill 1218 is a omnibus reform package dealing with the sale of property taxes when they are delinquent. It includes several provisions with respect to the procedures and timetable for redemption. The statute of limitations were good with regarding to indemnity. Automatic bidding, as the… as the Body well knows, there's an issue in Madison County where the manipulation of the auctions was taking place. We allow counties to participate in an automatic bidding system if they over 10 thousand inhabitants, video tape the sales if they are under 10 thousand inhabitants. We changed the posting requirements to include the… certain information on websites. Finally, with regard to the sale, we move it… the time of payment to the date… previous calendar day. I'd like to thank Representative Dwi… Dwight Kay, I apologize. Representative Dwight Kay who… who had a significant amount of input on the Bill. I'd yield my time to him at the end… if there are any questions, to close on the Bill, but I'd be happy to take any questions in the meantime."

"Representative Kay." 09700044.doc 33  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"The Gentleman yields."

"The Chair recognizes the Gentleman from Knox, Representative Don Moffitt."

"The Sponsor yields."

"Representative, if you're referring to… there are a couple of issues we had to work out with county officials with respect to redemption periods. There was an issue of the 5 day, versus 10 day, versus 30 day period. We've 09700044.doc 34  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 stricken that language entirely. And I believe the county officials are okay with… with that… with that Amendment."

"I… I spoke… as of… as of the Amendment that was adopted yesterday, it's my understanding that there wasn't any opposition to the… to the Bill from the county officials."

"Yeah. It… it's… I can certainly follow up on that information. But we… we've done a lot of negotiations throughout this process with the various county officials. There are parts of the Bill that they, you know, would prefer not be necessarily… the timing requirements would be not to their absolute liking, but I think for the most part everybody's onboard."

"Representative Zalewski to close."

"Again, I… I appreciate the hard work of Representative Kay, Representative Currie. And I… this is a good reform package that will offer transparency and efficiency to the system and at the same time protect tax… homeowners if they… if they find themselves in the 09700044.doc 35  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 situation where they have to deal with this unfortunate event. I ask for an 'aye' vote."

"You've heard the Gentleman's explanation. All those in favor… for the passage of House Bill 1218 should 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. Representative Monique Davis. Skip. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bost, for what purpose do you seek recognition, Sir?"

"Please proceed."

Speaker Lyons: "Alderman Bill Black. Welcome home, Bill. Alderman, a pleasure to have you on your House Floor. Representative Ron Stephens, personal privilege?"

"Take care, Representative Black. Always good to see you on the House Floor. Representative Sosnowski, on page 20 of the Calendar, you have House Bill 2265 on the Order of Third Readings. Read the Bill, Mr. Clerk."

"Representative Joe Sosnowski."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 2265 should 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? Barbara Flynn Currie. Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative John Bradley, on 09700044.doc 37  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 the Order of Third Readings, on page 19 of the Calendar, you have House Bill 1426. Read the Bill, Mr. Clerk."

"Representative John Bradley."

"This was an initiative of the health care industry in Illinois. It asked the state to start figuring out how to comply with the adult… Older Adult Services Act. The opposition of the Department of Aging was removed with the second Amendment to the Bill. I'd ask for an 'aye' vote."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 1426 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? Greg Harris. Representative Mussman, would like to be recorded? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Williams, you have, on the Order of Third Reading, House Bill 2903. Read the Bill, Mr. Clerk."

"Representative Ann Williams."

"Thanks, Mr. Speaker, Ladies and Gentlemen of the House. This Bill expands the Illinois EPA's Alternative Fuel Vehicle Program for vehicles that utilize environmentally friendly fuels. We worked hard to address 09700044.doc 38  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 all the concerns that were raised in committee, tightened up the Bill and I think, as a result, we have a better piece of legislation. This would provide grants to electric car sharing organizations for the purchase of vehicles. Proponents include I-GO Car Sharing, Zipcar, Ford, General Motors, Illinois Environmental Council, Environment Illinois, and the Chicagoland Chamber of Commerce. I ask for an 'aye' vote and am happy to answer any questions."

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

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

"Lady yields."

"Representative, this will be a grant?"

"What this is, is a currently existing dedicated fund that is to be utilized for cars, vehicles that utilize alternative fuels."

"So, it's actually a rebate program and we provide, in the legislation, that grants for the purchase of electric vehicles can be granted up to 25 percent of the project cost, but not until the rebates are all issued. So, this is only if there's money left over at the end of the fund."

"So, what organizations are getting the grant and how can other organizations apply to be a part of this grant? Because I think it's a fantastic idea. It would help 09700044.doc 39  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 create, excuse me, create jobs. But I think other entities need to know about it."

"Absolutely. And that concern was addressed by expanding the definition of organizations that were eligible for the grant to include any car sharing organization that meets criteria of being environmentally responsible."

"Any car sharing that…"

"Car… car sharing. So, we would be talking about Zipcar, or I-GO, or a similar sort of organization that provides for multiple users to share vehicles rather than purchasing their own."

"And do you know how many minorities might be a part of this organization?"

"I don't have that information, but the exciting thing about this Bill is that the way we've written the definition it will encourage new car sharing organizations to enter the marketplace. So…"

"Is there a bid on these grants or is this already designated for certain organizations?"

"Well, right now the fund is distributed via rebates. So, if you went out and purchased an electric car you could get, I think, it's a three or four thousand dollar rebate on that individual car as a… as a regular consumer. What we've done is said, for organizations that are environmentally friendly by using electric cars and encouraging sharing of vehicles, they could get a small percentage of those project costs covered via a grant." 09700044.doc 40  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"So, this should not be part of the state funded program or these organizations are private, or for-profit, or non-for-profit?"

"It can be either for-profit or non-for-profit and that's a change we met… we made during the negotiations. So, any car sharing organization can apply for these grants. But again, the grant is not issued until the rebates are fully granted. And I will note that the money for the fund comes from a surcharge on fleet vehicles. So, we don't pay for it out of GRF or any other state funds."

"And so… and once these vehicles… who do they actually belong to once the grant money is given? Who… and do these organizations ever pay the state back or because it’s a grant they don't have to pay it back?"

"Vehicles that are purchased with grant funds must stay in service for five years, otherwise, there has to be a refund. So, that's a good question."

"And then after the five years if they're sold, then what?"

"The funds then… after the fun… well, there's a sunset of the whole grant program for only two years. So, really the goal is just to get the programs up and running. So, if the money is unused for the purchase, it must be returned. It's a dedicated monies for a car sharing organization and the purchase of vehicles specifically."

"And approximately how much would one grant be?"

"Well, it's unclear at this point because we are only eligible to give as a state… the grants are only given after all the rebates have been issued. So, if there's a 09700044.doc 41  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 big run on the purchase of electric vehicles and there's no money left in the fund at the end of the year, there's no money left to give a grant."

"And where would other facilities or organizations go to apply for these grants?"

"This is through the Illinois Environmental Protection Agency."

"Thank you."

"Thank you."

"The Chair recognizes the Gentleman from Knox, Representative Don Moffitt."

"The Sponsor yields."

"Yes. Corporate fleet vehicles and other fleet vehicles. And the fund has been in existence for some time, but we noted that there were funds left at the end of the fiscal year that could be utilized to promote the usage of electric vehicles in the dedicated fund rather than sitting unused."

"Well, they have been swept."

"Sure. The original bill provided for non-profit organizations to get the funding as well as solar powered specifically, but in the Amendment we addressed to make it apply… we addressed that issue of being too narrow, the definition, to expand it. So, it needs to be environmentally friendly and the EPA would make that decision and analyze the criteria they utilize for the award of other rebates to determine whether the program applying for the funding is environmentally responsible. And there's a number of criteria utilized, as well as they can be non-profit or for-profit now."

"No. Again, it's electric vehicles."

"And we change the definition to make it broader and open to more entities."

"We didn't modify any the opportunities for rebates under the program. We simply added a new grant component 09700044.doc 43  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 for car sharing organizations. So, currently there are a number of alternative fuel vehicles, including flex fuel, and I'm sure a hybrid…"

"…of a flex fuel vehicle would probably qualify. It's… we haven't changed that opportunity at all for rebates. This just adds on the end if the rebates are not all issued the opportunity for car sharing organizations, which provide not only electric vehicles but are environmentally responsible because people share them, an opportunity for grants."

"Thank you."

"Representative Williams to close."

"I appreciate the discussion. And ask for an 'aye' vote."

"The question is, 'Should House Bill 2903 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 Eddy, Fortner, Osmond, Reboletti, Chapin Rose, Mike Unes. Mr. Clerk, take the record. On this Bill, there's 96 Members voting 'yes', 14 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Smith, on page 18 of the Calendar, on the Order of Third Readings, you have House Bill 700. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Smith."

"Thank you… thank you, Mr. Speaker, Members of the House. House Bill #700 is concerned with the handling of Social Security numbers in a most confidential matter. This distinctiveness of the Social Security number is as individual identifier makes it increasingly vulnerable to exportation… exploit, identifying theft, and compromising of personal information and a growing concern of many institutions. House Bill 700 seeks to… as amended, seeks to limit the use of Social Security numbers in the state agencies and licensed professional. It amends Illinois Administrative Protection Act to continue to require a new licensee to include his or her Social Security number when applying for a professional license, but requires the agency, as soon as practical, to assign that person a customer identification number to be used on license renewal. It explicitly prohibits the Social Security number from appearing on the face of a license. I'm happy to answer any questions."

"You've heard the Gentleman's explanation of House Bill 700. Is there any discussion? Representative Mayfield."

"Excuse me, is this your first Bill?"

"Yes."

"We have a protocol here about red jackets. No, no, no, no, no, no, no. Is there somebody in the House with a red jacket that can help our fellow Representative out? I… otherwise, I think when…" 09700044.doc 45  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Kay Hatcher. Representative Smith, how does it feel in Representative Hatcher's sweater?"

"Smells good."

Speaker Lyons: "Representative Sullivan, do you have some questions of… of Representative Smith?"

"The Gentleman made his Motion. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. I only have one speaker and then he'll close. Representative Roger Eddy."

"I… I didn't hear you, Leader."

"Yes."

"Protect the Social Security number."

"No."

"Consumer fraud."

"Yes. We want to protect the consumers."

"There is another step."

"Yes."

"Representative Smith to close."

"Thank… thank you for your decision on the Bill. The purpose of this policy is to generate a broad awareness of the confidential nature of the Social Security number, eliminate the unnecessary storage of Social Security number in state agencies, documentation of practice and systems, and eliminate the use of Social Security number as a primary identifier for the state agency. I ask for your favorable vote."

"The question is, 'Should this Bill pass?' The… the question is, 'Should this Bill 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? Have all voted who wish? Have 09700044.doc 47  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 all voted who wish? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Congratulations, Mr. Smith nothing like doing a Bill, your first Bill, on the last day of Session here. So, congratulations, Sir. Representative Mike Tryon, on the Order of Third Reading, on page 20 of the Calendar, you have House Bill 2558. Read the Bill, Mr. Clerk."

"The Gentleman from McHenry, Representative Mike Tryon."

"Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. A point of inquiry." 09700044.doc 48  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"State your… state your inquiry, Sir." Davis, W.: "Is this the only Bill that Representative Tryon is going to do right now?"

"That's the only one he's going to do right now, yes." Davis, W.: "Okay."

"He does have ano… Yeah. This is the only Bill he'll do right now."

"The Gentleman moves for the passage of House Bill 2558. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Arroyo. Beiser. Barbara Flynn. Mr. Clerk, take the record. On this Bill, there's 108 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Zalewski, on the Order of Third Reading, on page 17 of the Calendar, you have House Bill 363. Read the Bill, Mr. Clerk."

"Representative Mike Zalewski."

"Thank you, Mr. Speaker. House Bill 363 came to light after April 5's municipal elections. It came to the attention of several boards, non-Home Rule, school boards, and other entities that they were not placing the equalized assessed value on ballot questions which gave an inaccurate portrayal of the potential property tax increase that they 09700044.doc 49  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 were voting upon. The Bill simply makes crystal clear that some sort of EAV that the department certifies from the year before must be placed on the ballot. I respectfully ask for an 'aye' vote. This is a Bill that will provide greater transparency for voters when deciding upon ballot referendums relating to their property taxes."

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

"The Sponsor yields."

"Cor… correct."

"Sure."

"So, Representative, I'm certainly willing to talk to Senator Harmon, who's agreed to work with me on this in the Senate and… and take your input into consideration. Leader Currie made a suggestion as well of… of somehow incorporating that the fact that the EAV may not necessarily be that going forward on the… on the ballot. I 09700044.doc 50  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 don't know exactly the mechanics of what we can do to ensure that the voter knows that this may change from year to year; however, the… the… weighing the interest of not putting it on there at all versus putting something on there so they realize that there's a multiplier involved, I think we have to go with the latter in terms of informing the voter."

"Sure."

"Thank you, Representative."

"Representative Tryon."

"The Sponsor yields."

"Sure." 09700044.doc 51  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"So, the Chicago Tribune and several local newspapers did some writing on this issue a few weeks ago. The boards, were frankly, ask… asked their counsel, don't we have to include this? Isn't it in our… should we be including the EAV? And they were… they were told by counsel it's not specifically required in the statute. So frankly, you know, that… that gives a, to many folks including myself, it gives an inaccurate picture of what they are exactly voting on without the EAV which is a multiplier, I think of 3.3 in Cook County, I don't remember exactly. So, we are… we are… in this Bill we are making it abundantly clear, above and beyond what we already do that that EAV has to be placed on the ballot."

"Representative Ed Sullivan."

"The Sponsor yields."

"One moment, Rep… one moment, Representative. The lang… the language… shi… the Bill says the language shall include the equalization factor issued by the department for that particular year. So, the department… to answer your question, I think the department certifies an EAV for those entities and that… the Bill would require that number to go upon the ballot."

"Correct.

"The EAV will be what's on the ballot."

Speaker Lyons: "No one seeking further recognition, Representative Zalewski to close." 09700044.doc 53  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Thank you, Mr. Speaker. Again, we've had a good thorough discussion on the Bill. We'll continue to make it airtight with the Senate, but I think in light of what was reported the last few weeks, this is something that gives property taxpayers the… the fullest amount of information they can possibly have going into the ballot box."

Speaker Lyons: "You've heard the Gentleman's… we've heard thorough discussion on House Bill 363. 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? Mr. Clerk… Representative D'Amico. D'Amico, Representative Colvin would you like to be recorded? Take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Beiser, on the Order of Second Readings, on page 5 of the Calendar, you have House Bill 930. Read the Bill, Mr. Clerk. Mr. Clerk, out of the record. Representative Marlow Colvin, on the Order of Second Reading, you have House Bill 880. Read the Bill, Mr. Clerk."

"Representative Colvin on Floor Amendment #4."

"Thank you, Mr. Speaker. House Amendment #4 essentially becomes the Bill. It deals with the issue of 09700044.doc 54  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 dealers who fail to pay off automobile loans in the event of closures, or bankruptcies, or events of the same. As we've seen in the last several years here in the United States, not just in Illinois, with the reorganization of Ford, and Chrysler, and GM, we've seen a number of dealerships close or shrink and… and some automobile manufacturers and labels go out of business completely. As a result, this had a direct effect… effect and impact on those dealerships, many of which have closed or some of which have declared bankruptcy in the last several years. What House Bill 880 aims to do in those events where individuals may be trading in cars to dealerships that were scheduled to be closed and once they trade in those cars if they owed an outstanding balance, oftentimes dealers take… dealers take those cars in trade for a brand new car and agree to pay off the lien for those older vehicles, the ones that you're trading in. Some of these dealers have closed without those liens being paid off. And so, while you drive home with your new car knowing that you only have the one payment to make, several months later you get in the mail a notice that you still owe GM, or Ford Acceptance Company four or five thousand dollars or whatever the unpaid lien was on that automobile. And now many families have found themselves in the event having their credit impacted if they don't pay off those liens or struggling to make two car payments and continue to pay off those liens in the event when those dealers don't. House Bill 880 simply creates a fund that will allow… a fund that would be appointed by the Attorney General of the State of Illinois, 09700044.doc 55  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 the Secretary of State of the State of Illinois, and the Auto… Automobile Manuf… Automobile Dealers Association where the automobile dealers will be putting the capital aside to create a fund where they will be charged $500 in… in every 12 months to create a fund to pay off those liens in the event that dealers close and those liens are not paid off. It's a very honest and very good attempt to keep consumers whole in the event that they trade those cars off with the expectation that they will be paid off. That's essentially Amendment #4. Amendment #5 is a technical Amendment that simply reconstitutes the language of who makes up the committee. I'd be happy to answer any questions."

"Representative Franks."

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

"The Sponsor yields on Floor Amendment 4."

"Representative, presently, do dealers need to have bonds or surety bonds to cover this type of action?"

"Some states require that. Right here, right now that is not happening."

"'Cause I know what you're trying to… to accomplish and I agree with what you're trying to do, but I'm wondering if it might be cheaper if we required dealers to place bonds instead of actually having to pay $500 fees?"

"Actually, based on the research that I have been given in conjunction with putting this Bill together and in concert with the automobile dealers, this is the method that they recommend that would be most cost effective and most proactive in protecting both dealers and automobile… 09700044.doc 56  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 those who purchase new automobiles and trade in vehicles that still have liens on them. This is their recommendation on how to best operate and keeping everyone whole."

"Do we have any penalty provisions for those dealers that, in fact, don't pay off these liens? Is there something that we could do to give them a bit of a carrot and a stick here?"

"Not that I'm aware of and… and this Bill doesn't seek to en… enforce or enhance penalties. What it does simply and directly, it seeks to keep those individuals who buy new automobiles and trade in vehicles with outstanding liens whole."

"I thank you."

"All those in favor of the adoption of Floor Amendment #4 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #4 is adopted. Anything further, Mr. Clerk?"

"Colvin on Floor Amendment #5."

"Floor Amendment 5 simply deals with the definition of Fund Administrator and is the private entity which shall be appointed by the board and… and which is the designee of the Attorney General, designee of Secretary of State, and designee of the Automobile… the Automobile Dealers of Illinois."

"Representative Watson, on Floor Amendment #5." 09700044.doc 57  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"The Sponsor yields."

"They are. They're in a hundred percent support."

"All those in favor of the adoption of Floor Amendment #5 sig… signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Floor Amendment #5 is adopted. Anything further, Mr. Bill?"

"Anything further, Mr. Clerk?"

"Third Reading. And read the Bill, Mr. Clerk."

"Representative Colvin."

"Thank you, Mr. Speaker. I… I attempted to give a pretty good understanding of what we're trying to do here and who… and who we're trying to protect. I'll be happy to answer any questions in respect to House Bill 880."

"Is there any discussion? Seeing none, all those in favor for the passage of House Bill 880 signify by saying… by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted 09700044.doc 58  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 who wish? Have all voted who wish? Representative Brady, Cole, Durkin, Kay Hatcher, Michael McAuliffe, Skip. Mr. Clerk, take the record. On this Bill, there's 91 Members voting 'yes', 19 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Brown, on the Order of Second Reading, on page 11 of the Calendar, you have House Bill 2407. Read the Bill, Mr. Clerk."

"Representative Brown on Floor Amendment #1."

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

"Third Reading. And read the Bill, Mr. Clerk."

"Representative Brown." 09700044.doc 59  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Representative Jack Franks."

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

"The Sponsor yields."

"I'm reading the analysis, Representative. What is a prime contract?"

"Wait… I'm… why do we need this Bill? Why do we need for them to have to list subcontractors because our analysis indicates that the intent of this Bill is to limit the use of subcontractors."

"Can't you do that… via contract you can do that right now. Why do we need a specific law for this?"

"But this would actually require it though."

"Where does it say its permissive and not required?" 09700044.doc 60  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"I'm going to pull the Bill up."

"Do you… can you tell me where? Because our analysis does not indicate that."

"I… I don't see that, though, in the Bill. I'm looking at the Bill on the bottom of page 6 starting on line 25. And that… there's nothing in there that is discretionary."

"Because what you're… the only part that you're amending does not indicate that."

"So, what you're saying is, right now it's left up to the school board's discretion and you're saying that we need a law saying that it needs to be left up to the school board's discretion."

"Okay. Thank you."

"Representative Roger Eddy."

"The Sponsor yields." 09700044.doc 61  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Representative Brown to close."

"The question is, 'Should House Bill 2407 pass?' All those in favor signify by voting 'yes; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Arroyo, Currie, Ramey. Mr. Clerk, take the record. On this Bill, 09700044.doc 62  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Esther Golar, you have, on the Order of Second Reading, House Bill 3199, on page 14 of the Calendar. Read the Bill, Mr. Clerk."

"Representative Golar on Floor Amendment #2."

"Mr. Speaker, this particular Bill, 3199… hold on just a second."

"Amendment 2, Representative."

"I wish to adopt Floor Amendment #2 and what it does is that it will add some requirements to the second exemption, must have originated the mortgage being transferred, also, have not originated a total of 10 thousand mortgages in 2007, and also it would apply to banks that have less than 5 billion in assets on this Bill. Additionally, 50 percent and to the aban… this fund will go into the Abandoned Residential Property Municipality Relief Fund, 35 percent into the Open Space Land Acquisition and Development Fund and 15 percent into the Natural Areas Acquisition Fund."

"Representative Golar moves for the passage of Floor Amendment #2. Is there any discussion? The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"Yes."

"Yes."

"That's what it does."

"That's correct."

"Seeing no further discussion, 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. And read the Bill, Mr. Clerk."

"Representative Golar on House Bill 3199."

"Mr. Speaker, at this time could we hold the Bill on Second? There's still some negotiations going on in regards to this Bill."

"We'll hold that Bill. Mr. Clerk, put that Bill back on the Order of Second Reading. Representative Karen May for a point of personal privilege." 09700044.doc 64  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Thank you, Speaker. I would like everyone in the House to help me welcome the seventh graders from St. Norbert's School in Northbrook. They also are here visiting Representative Nekritz and me. So, if they will stand up in the gallery. They're learning about our Constitution. Let's welcome them."

"Welcome, St. Norbert's, to your Capitol. Glad to have you down here. Representative Jakobsson, for what purpose do you seek recognition?"

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

"Please proceed, Representative."

"This is actually for Representative Lilly. I would like everybody in the House to be sure to wish happy birthday to Representative Lilly today."

"Happy birthday again, Representative. Thank you. Representative Gordon, you have on the Order of Second Reading, on page 10 of the Calendar, House Bill 1909. Read the Bill, Mr. Clerk."

"Representative Gordon on Floor Amendment #1."

"Thank you, Mr. Speaker. House Amendment… excuse me, House Bill 1909 with House Amendment 1 it had some opponents early on in the legislation. And through some negotiations, we were able to move the realtors, the 09700044.doc 65  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 bankers, and the home builders neutral on the Bill. And I'd like to move to have House Amendment 1 adopted."

"Any discussion on Amendment #1? 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. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Lady from Peoria, Representative Jehan Gordon."

"House Bill 1909 amends the Counties Code to permit a notice to appear to suffice as the initial process in enforcing county ordinance violations and specifically allows the initial process in Building Code violations. This Bill… the origination of this Bill is an initiative of Peoria County. And in the intent to expeditiously address habitual Building Code violators in a cost effective manner for our county. This simply gives Peoria County another tool in their toolbox dealing with habitual Building Code violators. And I would be willing to answer any questions at this point."

"Representative Ed Sullivan. The Lady yields."

"She yields." 09700044.doc 66  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Yes, they have."

"They're… they're neutral on the Bill."

"The… yes, there is a group, the landlords. I don't think that's what they're called. Hang on one second, please. The Illinois Rental Property Owner's Association is in opposition to the Bill."

"The… the concern that they have is what they would like to do is… what they would like for us to do, lawfully, we can't do. They would like to tie the tenants to the property and the tenants don't own the property. The landlords own the property. So, there's no way for us lawfully to tie the tenants to the property and that's the… that's where the confus… that's where the rub is. And I don't think there's anyway lawfully for us to address that."

"Representative Gordon to close."

"I'd like to ask for an 'aye' vote." 09700044.doc 67  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"The question is, 'Should House Bill 1909 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 Brauer, Hammond, Jerry Mitchell. Back row. Mr. Clerk, take the record. On this Bill, there's 97 Members voting 'yes', 13 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jakobsson, on page 3 of the Calendar, on the Order of House Bills–Second Reading, you have House Bill 466. Read the Bill, Mr. Clerk."

Speaker Lyons: "Representative Jakobsson on Floor Amendment #1."

"Thank you, Mr. Speaker. Floor Amendment #1 does several things. Current law allows the Department of Revenue to sell university debt certified as uncollectable by the AG to private vendors for five years. This Amendment provides state universities with an additional three years to collect their past-due debt and make the conforming changes allowing universities to delete from their records debt uncollectable more than eight years old. Also, provides that the Department of Revenue may not sell either child support debt enforced by HFS pursuant to Federal Law and unemployment debts enforced by the Department of Employment Security and owed to any Federal 09700044.doc 68  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 Court. There are some further parts to this Bill. Collection agencies currently may not charge a fee in excess of 25 percent of the liability and this Bill… this Amendment provides that 25 percent fee limitation applies only for the first attempt to collect that debt and does not apply to subsequent attempts. The universities experienced difficulty securing second and third collection agency bids. So, in most they'd… instances, subsequent attempts are charged a fee of 27 to 30 percent. State agencies experience second and third attempt fees of 35 percent. So, I would ask this to be moved to Third."

"You've heard the Lady's explanation of Floor Amendment #1. Representative Bob Pritchard on the Amendment."

"The Sponsor yields."

"That's right. Because the way it is written the second and third or the subsequent ones could increase by 2 percent each time. So, I would like to work with the Senate, have an Amendment to make sure that there is a cap." 09700044.doc 69  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"That's correct. And that's certainly a help to the universities and to the students to be able to give them that time when they finish their education, be established, and begin taking care of their debts."

"Right."

"Representative Jack Franks."

"Thank you, Mr. Speaker. I'd like to ask the Sponsor a few questions, if I could."

"She awaits your questions."

"Representative, I was looking at the time frame contained in the Amendment of eight years before they deem it uncollectable and my concern is whether this would be violative of the Federal Fair Debt Collection Practices Act or is there some type of exemption?"

"To… to our understanding, and we've worked very hard with the universities, this would not violate any federal regulations." 09700044.doc 70  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Well, on its face, it isn't… it is in contrast. Right now, for instance, you cannot file a suit… well, you could, but you'd be violating the statute of limitations. It was in excess of five years and it was a verbal contract, or whether it would have been a credit card, or in some of these you're talking about some damages. The only way you could get past that really if it was a written contract. And I think the way this Bill is written that it could be in violation of that Federal Fair Debt Collection Practices Act which has very onerous… very onerous penalties for collectors."

"Representative, this doesn't mean that we're… that the universities would be waiting for five years. It just extends it before they turn it over to a professional debt collecting company."

"I get that, but if you turn it over to a professional debt collecting company and it's already eight years old upon receipt they'd be violating Federal Law. What this would do would make the… would make the debt virtually worthless to any potential purchaser. So, I'm concerned that the time frame is too long. And really if you want to have any value for this you would have to shorten it to three years because the statute is so short. Because if you sold it now, after eight years, you would be violating Federal Law."

"This is after the Attorney General declares it uncollectable."

"I get it. But I still don't know how we get past this threshold. My… my concern is that we're waiting too long. 09700044.doc 71  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 If you have the eight-year deal… the eight year threshold to determine that it's uncollectable, at that point you can't sell it because anyone attempting to collect on that debt would be violating Federal Law."

"Well, my sense is that they're pursuing the debt right from, you know, when they say it and that they're not waiting that eight years."

"But that's… that's not law… that's not the law. Can… would you mind taking it out of the record and I'll come over and talk to you?"

"I'll take it out of the record."

Speaker Lyons: "Clerk, take the Bill out of the record. Representative Renée Kosel, on the Order of Second Reading, on page 13 of the Calendar, you have House Bill 2831. Out of the record. Representative Reboletti, on the Order of Second Reading, you have House Bill 1069, on page 5 of the Calendar. Read the Bill, Mr. Clerk."

Speaker Lyons: "Representative Reboletti on Floor Amendment #1."

"Representative what's your… repeat what you said, Representative."

"What's the status of Floor Amendment #1? Is it technical?"

Speaker Lyons: "All those in favor of the adoption 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. And read the Bill, Mr. Clerk."

"Representative Dennis Reboletti."

"You've heard the Gentleman's explanation. The Chair recognizes Representative Brady. John (sic-Dan) Brady."

"Sponsor yields."

"Representative Dunkin."

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

"Sponsor yields."

"Representative, our… our previous Representative Brady had some pretty good questions as it relates to specifics 09700044.doc 76  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 that I had. But along those lines, what if there's a… a unique homicide as it relates to chemicals or a certain drug, sort of like, let's say a new drug that's out and that particular officer of 20 years or more simply has never seen that type of case. How would this im… impact them as a lead investigator or not?"

"So, what if… what if I'm from a smaller county that rarely experiences homicide at maybe once every five years. How would that impact them even though they would have the 20 years or more?"

"So, would you say that the Illinois State Police is current when it comes to, sort of, new technology or, sort of, new chemical induced, or biological influence murders, or homicide?"

"I guess I'm just concerned about a smaller county, a smaller township, or village where as the 20-year veteran detective simply is not fully educated or trained enough in some of the… the new homicides that particularly can take place and yet they would be in a superior position and yet they may not have the real experience to that specific homicide."

"Do you follow?"

"Okay. All right. Well, I appreciate your question. Here's… and my last question is, if Representative Black was on the House Floor as a Member, how would he vote on this legislation?"

"Okay. Well, thank you very much."

"Representative Reboletti to close."

"The question is, 'Should House Bill 1069 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 108 Members voting 'yes', 2 Members voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lisa Hernandez, on the Order of Second Reading, on page 8 of the Calendar, you have House Bill 1574. Read the Bill, Mr. Clerk."

Speaker Lyons: "Representative Hernandez on Floor Amendment #1."

"Thank you, Speaker. House Amendment #5 is a gut and replace Amendment. It retains part of the underlying Bill as amended by House Amendment #3. It includes the provisions of House Amendment #4. House Amendment #5 amends the Juvenile Court Act sets forth requirements that must be met prior to committing juvenile to the department of… you know… I'm sorry, I got the wrong one."

"Representative, the Clerk has brought to my attention that this is Floor Amendment #1. We're talking about Floor Amendment #1."

"Yes. Okay. House… House Amendment #1 is a gut and replace Amendment that is completely different than the Bill. It requires a mortgage… a mortgagor to mortgage real estate with five or more dwelling units to transfer any security de… deposits within the property is sold or foreclosed. If the new owner receives actual possession of any security deposit, then the new owner will be liable to the applicable lessee."

"You've heard the Lady's explanation on Floor Amendment #1. Is there any discussion? Seeing none, all those in favor of it's 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. And read the Bill, Mr. Clerk."

"Representative Lisa Hernandez."

"Yes, Speaker. The… with the Amendment the Bill is an agreed Bill and it… it basically is… at the time if… of a transfer… the security deposit is then also transferred over to the lienholder. And I just… if anybody has any questions, feel free to ask… answer any. Otherwise, I ask for a favorable vote."

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

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

"The Sponsor yields."

"Representative, is it my understanding as I'm reading the new Amendment, which is completely different than the original Bill, is it… this… does this only apply to dwelling units with five or more units?"

"That's correct."

"Okay. And the Bill states that if, for instance, the property is foreclosed on, that the purchaser of the property is going to become an insurer and have to pay for the security deposits?"

"That's correct. At the time of the transfer, if there is a security deposit account that will also transfer over to the lienholder."

"And is there any opposition to this?"

"No, there isn't. We… before originally… the Bill originally was opposed by the bankers, but we've worked 09700044.doc 81  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 together and we've come to an agreement with the Amendment."

"And what… what did you change for them to agree to it."

"What we did is we agreed upon the trans… so, at the time of the transfer, if their security depos… deposits account are available if that would be transferred at the time. And they agreed on that."

"Okay. But typically they wouldn't be. If they're in foreclosure, I presume they don't have anything."

"Pardon me."

"I presume there wouldn't be anything because if the… if the borrower is in foreclosure I presume he doesn't have any… he or she wouldn't have any security deposits to turn over, wouldn't you agree?"

"Yes. That's possible."

"Okay. I'm just wondering if there might be some tax advantages that we could give to people who would buy these then because you know, right off the bat, let's assume there's five units and each has a thousand dollars security deposit, it's going to have to come out of the purchaser's pocket. Could we add that possibly to the basis of the purchase price, so then when they go to sell it they'd be able to have a redu… they'd have an increased basis and have a reduced gain, hopefully? Because it seems to me this is just another hidden cost to purchase."

"No. That's no intent. But I… I'll be willing to work with you on the Bill. No problem." 09700044.doc 82  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Yeah. Maybe we could do that as a Senate… on the Senate side to do that."

"Yes."

"I appreciate that. Thank you."

"Absolutely."

"Representative Roger Eddy."

"The Sponsor yields."

"Yes. I'm sorry if I… I meant to say… if I said that it's agree… it's ac… they're actually neutral. We came to that point."

"Well per the… the conversation with Representative Franks, you know, I'm… I'm looking to further work with if… if necessary… if we want to go in that direction we can."

"Oh, yes." 09700044.doc 83  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Absolutely."

Speaker Lyons: "Representative Rose. Chapin Rose. Representative Lang. Lang on the Bill."

"Thank you. Will the Sponsor yield?"

"The Sponsor yields."

"Representative, I just want to clear up some confusion because I think this is something I asked you about in committee if I'm not mistaken or at least at some point I talked to you about this. And… so the Amendment does not require any new owner to be required to pay any security deposit that they have not already received. Is that correct?"

"That's correct."

"So, if the new owner has not had the security deposits transferred from the prior owner to the new owner, the new owner is not responsible or liable for anything under this Bill. Is that correct?"

"That's correct."

"So, only if in the transferring of the property where there's a sec… fund of security deposit that they get into their own hand are they responsible to… to protect those security deposits and pay them back to the lessees."

"That's correct."

"All right. So, I think that clears up the real problems with the Bill. And I support the Bill, Mr. Speaker."

"Seeing no further discussion, the question is, 'Should House Bill 1574 pass?' All those in favor signify 09700044.doc 84  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Tracy. Mr. Clerk, take the record. On this Bill, there are 90 Members voting 'yes', 19 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Karen May, on the Order of Second Reading, on page 16 of the Calendar, you have House Bill 3474. Read the Bill, Mr. Clerk."

"Representative Karen May on Floor Amendment #6."

"Yes. Floor Amendment 6 is strictly technical. It clarifies that instead of being… going from a part-time to a full-time position it's an increase in the number of hours in… in two places in the Bill because in this particular part of the law there are hourly employees."

"You've heard the Lady's explanation of Floor Amendment #6. Is there any discussion? Seeing none, all those in favor of it's adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #6 is adopted. Anything further, Mr. Clerk?"

"Third Reading. And read the Bill, Mr. Clerk." 09700044.doc 85  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Representative May."

"Yes. Thank you. I… I bring what I consider is a very important Bill in pension reform in this state. While we've done many things for most of our state systems, we read in the newspaper about abuses and so… some of our local government systems. So, this is a somewhat comprehensive Bill. My approach to close up some of the loopholes, to stop some of the gaming that is going on in our… in our local government system, mostly IMRF. I will say at the beginning that it applies only to new hires and that one portion applies to all systems, the rest are only IMRF. The first portion is about double dipping, preventing retirees from receiving pension if they're already… if they're annuitants and take on another job it requires them to notify the pension fund that they are indeed receiving funds. That applies to all systems. The other provisions are only to IMRF. One antispiking provision is to take the 6 percent, like we've done in TRS and other systems previously, and to say that if someone does spiking of more than 60 percent of an indi… individual salary that the… the local government has to pay this portion back within 90 days. They need to do it promptly and instead of kicking the can down the road, this, as it is… and applied in other systems has stopped some of the spiking. The other requirement is that IMRF shall submit a pension impact statement in writing to the local governing 09700044.doc 86  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 board saying what this impact will be. Just like we have fiscal notes here on the House Floor, this would let the local governing body know what the overall impact is and the employer would pay for the cost of this impact statement. In one case, in my district, a local board gave a… the executive of a park district $435 thousand and when it came to light, citizens were outraged. Rightly so. They were outraged, but they said that they didn't realize the impact. So, I think this is very good to add accountability, also. There was a loophole saying that you can't spike from 3 months to 24 months. Right now the law says 3 months. I'm making it 24 months. That would've stopped this particular instance in my… in my district. It's an antispiking provision. Also, a transparency provision that our employee… employers need to put on their website or if they don't have a website the principal office building, total compensation packages, not just salary… total compensation packages including salary, health insurance, housing allowance, vehicle allowance, clothing allowance, bonuses, loans, and other… other parts that… of… of the salary which are often much larger than the… than the base salary. And the last provision is that for some members and trustees on boards and commissions that are really part-time they are eligible for pensions. So, I've listed those and that they no longer would be eligible for pensions that includes the Civil Service Commission, the Illinois Liquor Control Commission, many of those plus our transit boards, also. That is the Bill in a nutshell. There are many provisions as the… as the Civic 09700044.doc 87  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 Committee has written me in support of the Bill these are all meaningful ways to prevent future pension abuses."

"Representative Roger Eddy."

"The Sponsor yields."

"The one provision is for all systems. The one provision of notifying… annuitants notifying that they're going back to work. That is the only provision that applies to all systems. The rest are all IMRF."

"Their em… the employer and the pension fund."

"Yes. That's correct."

"Yes. IMRF has told me that they don't always know if someone goes back to work and three years later they will find out and they will be very upset with some of the fines that… that are applied on them."

"To work. That is correct."

"That is correct."

"Yes."

"It is… upon passage. If it passes before May 31 it will be effective January 1, 2012. If it for some reason it doesn't get passed by then, it would be June 1, 2012."

"That is correct."

"Yes. The only people this will affect will be tier 2 so it's actually eight of the ten last."

"Yes. I was thinking of the penalty for not notifying. But the… the requirement that they pay in a timely fashion rather than kicking the can down the road only applies to those people."

"Thank you very much."

"Representative Elaine Nekritz."

"Thank you, Mr. Speaker. To the Bill. The… the Sponsor has worked very hard on this and has worked closely with IMRF. And I know that the… it's my understanding that the… that IMRF has been very helpful in identifying where these excesses occur in the pension systems and making… and working with the Sponsor to come up with a system to address those. This is a very excellent comprehensive package to address those excesses. The career ending… they're not career ending… the spiking that we've read so much about in the newspaper that I know that has been of particular interest in… in the Sponsor's area limiting the calculation of final average salar… actually be final average salary and not gas allowances, and car allowances, and housing allowances, and… and a whole bunch of other things that… that we would not think would… on which the pension ought to be based. So, this is… it's really an important step forward in reining in the cost of our pensions and making sure that we are providing a pension that is livable but that is not ex… as ex… not excessive. I… I urge an 'aye' vote."

"Represen… Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. A question of the Sponsor." 09700044.doc 90  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"The Lady awaits your question." Harris, D.: "Representative, just a quick question. Does this eliminate the possibility of… of getting a pension for members of the Civil Service Commission, the Illinois Liquor Commission, Human Rights Commission, State Mining Board, Illinois Racing Board, and the like?"

"Going forward, yes."

"Representative May to close."

"Thank you very much. I appreciate everyone's support. And I have worked hard on it for many months and have gotten input. I really would like to thank Bonnie Shadid of IMRF and our staffer… staffer Jeff Houch, who has been totally… totally devoted to this and has worked so hard. He has actually worked harder because he's had to implement it. This will stop gaming of the system. This will en… end abuses further to make our pension systems more sustainable. It is the right thing to do. It is what we can do for the citizens of the State of Illinois for them to regain trust in… in what we are doing with our pension systems. I do ask for an 'aye' vote. And I thank for every… I thank everyone for giving me your support." 09700044.doc 91  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"The question is, 'Should House Bill 3474 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 May, do you want to vote for your Bill? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Amendment, is hereby declared passed. Representative May, also makes a Motion to reconsider House Bill 390. Motion to reconsider. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Motion to reconsider House Bill 390 is approved. Mr. Clerk, House Bill 390."

"Representative Dan Reitz."

"Thank you, Mr. Speaker. I know there were a number of people that had intended to vote 'no' on this Bill. This will give you an opportunity. I'd like to thank Adam Margolin for his great work on the language. I appreciate an 'aye' vote."

"Ladies and Gentleman, we're going to redo the Motion to reconsider by… by a recorded vote. So, Mr. Speaker, Representative May moves for reconsideration on House Bill 390. All those in favor of the consideration signify by voting 'yes'; those opposed vote 'no'. The voting is open. This is on the Motion to reconsider the vote. This is on the Motion to reconsider the vote. Have 09700044.doc 92  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 all voted who wish? Have all voted who wish? Have all voted who wish? Brauer, Harris, Hayes, Morthland. Take the record, Mr. Clerk. On this Bill, there's 99 Members voting 'yes', 9 voting 'no'. And the Motion carries. Now, Mr. Reitz on House Bill 390. Dan Reitz."

"Okay. Same as earlier. This is actually a vote on the Bill. We'd appreciate an 'aye' vote. Thank you."

"All those in favor of the passage of House Bill 390 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? Berrios, Burke, Ramey, Soto. Berrios, Soto, Turner, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 73 Members voting 'yes', 36 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Phelps, for what purpose do you seek recognition?"

"Point of personal privilege, Mr. Speaker."

"Please state your point."

"I was just going to ask the Sponsor if that was his first Bill?"

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

"The record will reflect… reflect your request. Representative Mike Bost, for what purpose do you seek recognition, Sir?" 09700044.doc 93  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"The Clerk will so note, Mr… Mr. Bost. Thank you for bringing that to our attention. Representative Phelps, you have, on the Order of Second Reading, on page 5 of the Calendar, House Bill 915. Out of the record. Representative Dave Winters, on the Order of Second Reading, on page 13 of the Calendar, you have House Bill 2896. Read the Bill, Mr. Clerk."

"Representative Winters on Floor Amendment #2."

"The Gentleman moves to withdraw Floor Amendment #2. Mr. Clerk."

"Representative Winters on Floor Amendment #3."

"You've heard the Gentleman's explanation on Amendment #3. 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. Amendment #3 is adopted. Anything further, Mr. Clerk?"

"Third Reading. And read the Bill, Mr. Clerk."

"Representative Dave Winters."

"Is there any discussion on House Bill 2896? 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? Representative Arroyo, Burke, Berrios. Mr. Clerk, take the record. On this Bill, there's a 108 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dan Beiser, on the Order of Second Readings, on page 15 of the Calendar, you have House Bill 3340. Read the Bill, Mr. Clerk." 09700044.doc 95  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

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

"Thank you, Mr. Speaker, Members of the House. House Amendment #1 is an agreed Amendment between the Secretary of State, the Auto Recyclers, and the Ins… Insurance Auction Industry. There's no… with this there's no known opposition to this. And this Bill is an initiative of the Secretary of State. I'd ask for its adoption."

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

"Third Reading. And read the Bill, Mr. Clerk."

"Bei… Representative Beiser on House Bill 3340."

"Thank you, Mr. Speaker. As I mentioned, it's an initiative of the Secretary of State. She's worked with all the interested parties. And basically, it changes the definition of automotive parts recycler, it clarifies who needs to be licensed as a recycler, and it clarifies when a salvage certificate has to be obtained. I'd ask for your favorable vote. I'd be happy to answer any questions." 09700044.doc 96  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Is there any discussion? Seeing none, the question is, 'Should House Bill 3340 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk. Representative Nybo. Jerry Mitchell. Take the record. On this Bill, there's 81 Members voting 'yes', 27 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Sosnowski, on the Order of Second Reading, on page 12 of the Calendar, you have House Bill 2554. Read the Bill, Mr. Clerk."

"Floor Amendment #1, Representative."

Speaker Lyons: "All those in favor of 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. Mr. Clerk."

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

"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 Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"

Speaker Lyons: "Representative Sosnowski on Floor Amendment #3."

"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. And read the Bill, Mr. Clerk."

"Representative Sosnowski." 09700044.doc 98  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

Speaker Lyons: "The Chair recognizes Gentleman Zalewski. Representative Zalewski."

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

"The Sponsor yields."

"Representative, at the end of December the Illinois Attorney General's Office issued an opinion of auxiliary police officers. They stated that Home Rule entities were… and non-Home Rule entities were precluded from hiring auxiliary police officers who do this type of work. I only know this because I was working with the auxiliary police officers in my area on some legislation regarding their training. So my question to you is, is the Attorney General's Office aware of your… of your Bill?"

"Well, it… the opinion stated made two conclusions. It first stated that Home Rule entities were not given the power to hire auxiliary police under the Illinois Constitution and second that non-Home Rule these were not 09700044.doc 99  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 given the hire… the power to hire police under… under state statutes. So, we were… me and Senator Muñoz were going to work on some legislation over the summer. So, my question… I… I just don't know if your Bill would contravene that opinion."

"Yeah. I… I would enc… maybe you and I could work… talk to Senator Muñoz at some point and see. And if you have a Senate Sponsor lined up for the Bill, we could have a working group to talk about it because if… if your Bill is… is permissive under the la… under the opinion, that'd be… that'd be great. And if not, we can try to work it out with the… with the Attorney General's Office. So, thank you very much, Mr. Speaker."

Speaker Lyons: "Representative Verschoore. Not seeking recognition, Representative?"

"Thank… thank you. Will the Sponsor yield?"

"The Sponsor yields." 09700044.doc 100  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Representative Sosnowski, I just got off the phone with the police benevolent and they said that they're not okay with this Bill. And he talked to the… the state lodge for the FOP and they have some problems with this. So, I know you had said that the sheriffs was okay with it, but I just wanted to make… let the floor know that the police benevolent and the FOP lodge are not for this Bill. Thank you."

"Representative Sosnowski to close."

"You've heard the Gentleman's explanation. All those in favor of the passage of House Bill 2554 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? Mr. Clerk, take the record. On this Bill, there's 105 Members voting 'yes', 3 Members voting 'no', 0 09700044.doc 101  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lou Lang in the Chair."

Speaker Lang: "Very nice. Very nice. House Bill 1576, Representative Dugan. Please read the Bill."

"Representative Dugan."

"Thank you, Speaker, Members of the House. House Bill 1576 is a… the… the firefighter hiring Bill that I think many of you have heard from me. I… I just want to clear up a few items before we start this Bill to kind of keep it as simple as I can. There has been quite a few comments made that there are still concerns with this Bill, which I understand; however, there seems to be the impression that I am not willing to or have not been willing to talk to the people that have some concerns. I want to make it clear that this Bill has been filed for two months. I have spent hours with those that oppose this Bill and I have here with me five pages, when I sat down with the firefighters and all of those that oppose the Bill, I have a five-page list of the concerns. We went line by line through this Bill, so that I could address their concerns. Because the only thing I'm trying to do with this Bill… there's two things and that is to make minimum requirements of testing and physical and mental aptitude to put firefighters on the hiring list. The other thing that I… there was 23 items that the Illinois Municipal League, the Police and Fire Commissioners, the testing groups brought to me. Out of 09700044.doc 102  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 those 23 items I agreed to change and amend the Bill which I did with Amendment #2 to address 20 of their 23 items. The three things that I would not agree to and would not change in this Bill is that this does not allow any community… they cannot waive the mental aptitude test, they cannot waive the physical abilities test, or the five veterans' points. That's the minimum requirements. Anything above and beyond that that any local community wants to do, they can. But this Bill addresses minimum requirements for the hiring of firefighters. I believe that this Bill… the fire chiefs came to the firefighters and talked about some of the concerns that they had. This particular Bill does and… and many have said… and I do know that they are opposed to the fact… that this does preempt Home Rule. The only community that this does not affect is the City of Chicago and that is because the hiring practices, the other firefighter items for the City of Chicago are in a completely different statute. They are not included in a downstate… what we consider downstate statute for the hiring of firefighters. So again, the three items that were brought to me… there seems to be other items that now they're saying they're having problems with. I want to again make it very clear. I have sat down with the opposition to this Bill. I have addressed 20 of their 23. I have told them at any time if they have any other concerns they need to bring them to me. They have not come to me again. They came to me in committee with some more concerns and Representative Fortner filed a Bill to address all of those concerns. So, I… I just want to 09700044.doc 103  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 make it clear because there seems to be quite a few things that are being said that I'm not willing to work in order to do this. If they… and I will say it again… if they still have concerns, I'm willing to certainly address it in the Senate, but my concern here is minimum requirements for firefighters that are hired to protect the people in our communities and also at the same time protect the firefighters who are the ones that put their life on the line every day in order to protect our families. So with that being said, I'll certainly be happy to answer any question."

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

"The Lady yields."

"That is correct."

"Yes, that is correct. The flexibility is still with the local community and that is something that we did clarify. That was always our intent. And that was clarified in… in Amendment#4."

"Mr. Dunkin."

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

"The Lady yields."

"Representative, I… we certainly have talked about this before and there appears to be a number of… well, a lot of confusion, certainly on my part, because both sides are saying the complete opposite of what this Bill does. And why the associated… Associated Firefighter Association supports it and why a number of municipalities in this 09700044.doc 105  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 state are against it: the City of Naperville, City of Evanston, the City of Rockford, DuPage Mayors and Managers, Village of Hoffman Estates, Illinois Fire and Police Commissioners Association. And what's really surprising is the State Fire Marshal and the Illinois Fire Chiefs Association has no position. Can you give me as clear of a picture as of why it is that there's so much opposition and why there is no position with the State Fire Marshal and the Illinois Fire Chiefs Association?"

"The… thank you, Representative. And the Illinois Fire Chiefs Association is in support of the Bill and… and the Fire Chiefs Association was down here just a couple of days ago. I think the analysis that we have does not reflect that, but I can confirm that the Fire Chiefs Association which are the ones that came up with this issue to begin with are in support of this Bill. As far as the others that are listed as opponents, first, the… all of the municipalities, I believe, that are opponents may be Home Rule. This, of course, does preempt Home Rule and all I can say, Representative, is… is none of those communities contacted me directly. There… they were represented in the talks that I had. It was… I was led to believe by the… by the IML and the Municipal League who has been the ones that have sat down with me to try to address all of the concerns of the municipalities."

"So Representative, and thank you for your response, why is there a need for this legislation right now?"

"Because at… at this particular point we believe that there's a need to put into statute… I… I want to say under 09700044.doc 106  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 current law… under current law now non-Home Rule communities must file… go ahead and… and provide the testing anyway. That's already in the statute. Non-Home Rule communities can exempt themselves out of the mental aptitude and the physical ability test. We believe that every community affected by this statute should have minimum requirements for candidates to be firefighters and there… there's only the mental aptitude test which is used now by most communities. And so, I have had it said, well, we already do this why do we have to do it… why do you have to put it into law? Well, unfortunately, the law only applies to non-Home Rule communities and those Home Rule communities that are doing this and… and have the best practices and have the minimum requirements, then it… it doesn't change anything that they do now. So, the confusion that I also have as to those that say, well, we already do it, then it's not an issue but it does codify it in the statute of the minimum requirements needed."

"But… Representative, you have… so the process of being hired as a firefighter today is what? They go through the municipality, correct?"

"Correct. They… the municipality would, I suppose, like put out an ad that they're looking to take applications for firefighters."

"And so, this Bill would allow the State Fire Marshal to assess and screen all of the applicants?"

"Not at all. The State Fire Marshal has nothing to do with the hiring of firefighters on a local level."

"Well, who would do it then? If…" 09700044.doc 107  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"The same way they do it now. The municipality and then the municipality normally now hires a testing company and the testing company then applies tests to those applicants."

"Sure. I misspoke. I'm reading and talking with you… you at the same time."

"No problem."

"Representative, there's also been discussion as it relates to the disproportionate number of… of whites compared to black or Latino firefighters or Asian firefighters and how would this be addressed in that respective approach with this type of legislation?"

"Well, first, it would require every municipality effected by this statute to apply the test mental aptitude and physical ability, to everyone that wants to apply to be a firefighter. That this will not allow any municipality to waive from applying that test."

"So, why is there such a huge dis… disparity when it comes to black, and Latino, and Asian firefighters compared to white firefighters across the state?"

"Well, Representative, I… I'm not sure because, again, this is done on local level and I'm not changing that. But what it does also do… what this Bill also does is address and… and make an option of a statewide list. So, from that particular end, if municipalities are having difficulties or if there are difficulties as far as different cultures of people being able to be a firefighter, there will be a state list and that's the other part of this Bill. That opens up an opportunity for 09700044.doc 108  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 people throughout this state to apply to be on the statewide list that then every municipality can use if they so choose. But I am not, by this Bill, dictating to a local municipality that they have to use the list or that they have to do anything different if they want to have more requirements for their firefighters they can do that, if they want to make more reasons and more provisions for people that they will hire as firefighters, I'm not taking away that right. The only thing that I'm saying in this Bill is I would like to at least see, throughout the communities, minimum requirements met. And when you are talking about a career such as a firefighter, which is a job that consists of half of you do as I know you know, Representative, the job of a firefighter can be very, very hard. And so, we're just saying that, if people are going to be hired in a municipality at the beginning of the process that every municipality should have a testing requirement that at least meets the minimum. If they want to make it stronger they can make it stronger, my Bill doesn't stop that, but at least minimum."

"Well, Representative, I… I am, most members…"

"Representative Dunkin, could I ask you to bring your remarks to a close, Sir. I haven't been using the timer but your well over five minutes, Sir. So, could you please bring your remarks to a close."

"Some Bills require more than five minutes, Mr. Speaker. Correct? I'm… I'm sure you are fully aware of that."

"We have four more speakers on this Bill, Sir." 09700044.doc 109  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Duly noted, Sir. I'm just… I guess my confusion is why that… why is it that you have the Illinois Municipal League and a lot of our major municipalities and small municipalities across the state that are adamantly opposed against this legislation and yet those particular firefighters will be working for those municipalities. That's the pause that myself and a number of other colleagues here have with this legislation, Representative."

"And Representative, all I can say to you is this, the Illinois… Municipal League who represents those communities has been talking to me. They have sat down with me. I've told them they can call me. They have my cell phone. Any issue, none of the communities that are on this list as opposition have talked to me at all. They have allowed the Illinois Municipal League to sit down with me to try to address their concerns."

"That's not what I… I'm going to bring my remarks to a close. Representative, that's… that's not my understanding. And as a matter of fact, I've talked with a number of these municipalities here and… and collectively and individually and they… they say that they have spoken to this legislation. I'm not sure they spoke specifically to you, but I'm… you know… the City of Chicago, Lake County. I mean, there are a number of organizations here according to my analysis and with me speaking with them in general, even downstaters, that have a real problem with this piece of legislation. So, it's not an agreed Bill, obviously, and 09700044.doc 110  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 I'll be listening to further debate on, you know, how I'm going to vote on this piece of legislation. Thank you."

"Thank you, Representative."

"Mr. Winters."

"The Lady yields."

"You… you mean, the… again, this…"

"If they're following the statute of the law, yes, they are."

"Well, first off, I… I'm not sure why the City of…"

"They're… I don't know, you'll have to ask the City of Chicago. But what I… but what I will address to your issue as far as if the City of Chicago made the statement that it will cost them more for testing than I'm not sure what that has to do with my Bill at all because my Bill does not require anything more than what is already in the statute 09700044.doc 111  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 for the hiring of firefighters. What we're saying is, it's already there. We're just saying we're making sure and codifying that municipalities do not ignore the physical ability test or the written exam."

"The way it's done now in municipalities all over is the test is given to applicants and a means test is used. That's the… that's the test that now municipalities use and the testing companies use. They take the means test and then they add and anybody above that score, that means test, again, this… I'm not changing the test. This is what they do now."

"No. The preference point system that's in this Bill allows every municipality to give preference points for issues and things and requirements that they think that 09700044.doc 112  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 they need for their particular community. That's what the preference point system is. Now, they don't have to give preferences. They don't have to add anything to the preference points but they can put preference points, on any application and anything in addition to what the requirements are. This just says minimum requirements."

"I am not, Representative…"

"…and if staff… if…"

"…if… yes because… be…"

"…because in the Bill…"

"Ha… have you completed your questions? I guess… suppose so. Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. An inquiry of the Chair."

"State your inquiry." 09700044.doc 113  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 Harris, D.: "The Sponsor has stated that the Bill preempts Home Rule, I'd like to know how many votes it takes to pass this Bill?"

"We…" Harris, D.: "I recognize that firefighters don't carry firearms, but it does preempt Home Rule."

"We will get a parliamentarian to answer your question, Sir. Was that your entire…" Harris, D.: "No. I… a question of the Sponsor, please."

"The Sponsor will yield." Harris, D.: "Representative, a couple of questions for you, if I may, by way of clarification. The really… you have done a lot of work on this Bill and I commend you for that, but there really is apparently a difference of op… difference of opinion here among the groups as to what this Bill does and doesn't do. In my area we have very professional firefighters, most firefighters are very professional, but we have very rigid standards, we train them, and when a municipality holds its test there may be a very small, almost miniscule difference between someone who comes in first and someone who comes in fourth or fifth. And we're able to do what's known as a banding of that group. And the… the municipality can determine, based on what their preferences are, who they want to select from within that band. Basically, they are all very good, miniscule differences. What I understand from this Bill is that capability to select from a band would be eliminated. Is that correct?" 09700044.doc 114  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"The banding issue that you talk about, which was talked about during our meeting, the Municipal League, nor any community asked whether or not they could band. I had told them before… and that was not requested… if a community and if the Municipal League feels that the banding is something that they want in, again, all I'm trying to address is the testing for the minimum requirement. If they want to band, and they did not request that, not the Municipal League, not any community, so if they would like to band I am more than open to banding as some do now. But that was not requested and I certainly would be glad to do that in the Senate." Harris, D.: "Okay. But as of right now, the Bill prohibits that… that capability."

"Because again, the way the statute reads right now…" Harris, D.: "Right. Well…"

"…they cannot do that except for Home Rule communities." Harris, D.: "Right."

"Correct." Harris, D.: And if… if the municipality chose to go to a statewide list, however, they could choose from anywhere on that list. They could choose the twentieth on the list versus the number one. Correct?"

"Correct. And I asked them if they wanted me to put the statewide list in any kind of special order, ranking or banding, and they did not request that." Harris, D.: "I understand. There is an iss… that issue of banding in my area, I know, is a big one. I did want to address something that was mentioned earlier by one of the 09700044.doc 115  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 previous speakers. The… the issue of preferences related to veterans. That veterans' preference is mandatory, is it not?"

"That's in the law now, yes." Harris, D.: "And… and that veterans' preference could very easily put lot… lots of veterans at the very top of the list. Could it not? Because if they get that extra… that… they get those extra preference points, correct?"

"Well… well, no. Again, Representative, the… the way it happens, they come into apply and they take a written test and, of course, the physical ability test is a pass/fail. So, the written test is taken. Now, if someone else supersedes the veteran in the written test score wise, then the veteran doesn't automatically go to the top." Harris, D.: "So, if…"

"The… the… it's the testing that first determines the qualifications." Harris, D.: "Right."

"And then the veteran has a five point preference." Harris, D.: "So… so, if they're equal… they take the test, they're equal, the veteran jumps ahead?"

"That's their… the veterans' pref… if a municipality determines themselves…" Harris, D.: "Right."

"…not to add any other kind of preference points, yes, the veteran would be first." Harris, D.: "Right. Well, I… and I will mention in my area the demographics are indeed changing substantially. There is a greater proportion of minorities, Latinos, and a large 09700044.doc 116  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 number of different groups, not your kind of average Caucasian guy, coming in, in my communities, my area. It's changing dramatically. The municipalities are making good faith effort to reflect that in their workforces. I fear that when you mandate that… that… that a lot of veterans come out who are, quite frankly, the average Caucasian guys and the firefighting is a… is an attractive occupation to them. I fear that we're taking away the capability of the municipalities to manage that force to get the… the diversity that they need within their fire department. That's… that's…"

"And… and I certainly respect that, Representative, but again, I want to say, I'm not changing that portion of the law. The statute already requires the veterans' preference. Now, non-Home Rule communities cannot waive the veterans' preference. If there are Home Rule communities that want to waive the veterans' preference, that is one thing that I would not agree to. I mean that's… that's the simple point. I didn't put it in the law." Harris, D.: "Right."

"It was already in the law." Harris, D.: "Okay."

"But what I also want to say is this. Just because there's a ranking order that has been the law in this statute, there is nothing that prohibits a municipality from going down that list. What they have to do is if they have a need… so, let's just say they need someone who is bilingual. Just because a veteran is on the top of the list, their need is for somebody that's bilingual. So, 09700044.doc 117  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 they can go down the ranking list. They just have to have a viable reason for doing it and that certainly would be one." Harris, D.: "I understand."

"Mr. Harris, could you bring your remarks to a close." Harris, D.: "I… I will, Mr… Mr. Speaker. And just one quick question. Last question. It's my understanding that this Bill prohibits anyone under the age of 21 from applying to be a firefighter. Is that correct?"

"That age of 21 was put into that. Of course, there's something different when you look at cadet programs and volunteer fire departments because that doesn't come under this statute. There has been concern brought to me that some said they want to have them as low as 18. I have spoke to the fire chiefs and to the firefighters and if that is something that the General Assembly would like to have is 18, then I would be glad to make sure that that is changed in the Senate." Harris, D.: "Thank you for your answers. They were very complete. To the Bill, very briefly. There is a big difference of opinion here. It does take away Home Rule. I think it does take away the… the capability of the municipalities to manage the forces that they want. And Mr. Speaker, if the Bill does gets… appears to get sufficient votes to pass, I would ask for a verification."

"That request will be acknowledged. There are still three speakers on this Bill. Representatives Flowers, Brady, and Moffitt. And then we'll have 09700044.doc 118  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 Representative Dugan close. I would ask the Members to be as brief as possible, so that we can get on to the many Bills we still have the… on the Calendar before we adjourn today. The Chair recognizes Representative Flowers."

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

"The Lady yields."

"Representative… Representative."

"Yes."

"Can you tell me why is it that you have changed the Bill, that you say is setting standards, from 'shall' to 'may'."

"There were preference points and that comes with the preference points. There was concern by the municipalities that they wanted the flexibility of either being able to use them or not use them. So, it was never our intent to set into statute requirements of preference points. It was just suggestions that were made of best practices used throughout the state."

"So, when you take into consideration of not only best practices, but even the hiring, it… it… they may hire not that they shall hire even if the person qualifies. But let me move on to another point. On… in the analysis, I noticed that there will be… the preference will be monitored by a created Joint Apprentice Committee. Who is going to be on the Apprentice Committee? Who will train them? And why is it that after a firefighter has passed the test it will be the Joint Apprentice Committee who will have the last say to retain that person or either to terminate that person?" 09700044.doc 119  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Representative, I… I think maybe there I need to make some clarification here. The part of the Bill that you're talking about is a development of a statewide firefighter pool."

"And that's… and that's my concern."

"And… and that… and that is done…"

"How will… how will this committee monitor a statewide program, a statewide testing? Who are they? What are their criterias because this is not a monolithical state. So, when you look at what goes on upstate, downstate, in the middle of the state, but yet this apprentice group is going to be the one to judge them. Even after they pass all other parts of the test, this apprentice… Joint Apprentice Committee will be the ultimate decider for…"

"Are you asking to be… the… the Joint Apprenticeship Program, it's the… the… the force that's in place now, if you're familiar with the U of I Fire Training Institute. Okay."

"I am."

"That is… that is the group. That is the group that will work with those people that want to get on the statewide list. That has nothing to do with the firefighters locally."

"According to the analysis, it says their performance will be monitored by the created joint, so this is something that's going to be created, who will have the authority to… to retain or either appoint. So, after a person think they pass a test, this group will have the authority to retain them if they so choose to, to appoint 09700044.doc 120  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 them even if they're not qualified, and to terminate them even if they are qualified."

"Representative, the analysis is wrong. Okay. That is not what the statewide development list does. It does not give the Joint Apprenticeship, or the firefighters, or anyone else the ability to hire, or appoint, or terminate."

"That's what it says."

"I understand what it says, but it is not correct."

"And it goes on to say that the appli… applications are subject to additional screening measure required by the commission. So, once they've done all the things and jumped through all the hoops, again, there is, and they're on this one-year probation, there is another ultimate decider. But in regards to the mental aptitude test, now again, the state is very different and what goes on in your part of the state versus… I know you've carved Cook… Chicago out but parts of Cook County is still involved. My point to you is who will be making the decision about the mental capacity because the Building Codes are different, the building height is different, the material and what the building is made of in different parts of the state is totally different. So, whoever these people are that's from the… from the state that will be monitoring…"

"No… no, Representative. There is noth…"

"…the aptitude test. This is dealing with the aptitude test."

"No, no, no, Representative. You're… you're confusing the statewide list, that if communities want to use it they can, with what communities all over the state have to do 09700044.doc 121  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 and that's the mental aptitude test. I think what's being confused here, this Bill does two things. It sets minimum requirements and it also as an option to communities throughout this state a statewide list, a pool of candidates. That has nothing to do… that statewide list, the Fire Service Institute in Champaign, the firefighters that will help train those applicants or those candidates have nothing… nothing to do with who gets hired off the list, who gets taken off the list, which community does. I think some have confused the hiring list… that's only an option."

"Please tell me what…"

"Representative Flowers, can I ask you to bring your remarks to a close."

"I will. Please tell me why will the Joint Apprentice be created and what is their purpose?"

"They are not being created. They're already here, Representative. They already are part of the Fire Training Institute in Champaign. That unit already exists now."

"Their performance will be monitored by the created Joint Apprentice Committee who will have the authority to retain, appoint, or terminate an apprentice."

"So, with all…"

"And you are saying that this is incorrect?"

"And with all due respect to whoever analyzed my Bill, I am telling you that that does not create it, it already exists and that is just to provide a pool of candidates that communities can use or not use. But a pool of 09700044.doc 122  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 candidates opens up firefighter opportunities to everyone in the state. That's the list, but nobody has to use it."

"Representative, you know what, there's too much confusion with House Bill 1576. There's really a lot of confusion because it's… I cannot imagine how a statewide list and someone else will monitor, according to my analysis, and they will be the ultimate decider as to who will stay on the test or who will get a job. It's just too much confusion for me to be able to support this Bill right now."

"Mr…"

"Thank you, Representative. All I can do is give you my word that that's not…"

"Mr. Harris. Mr. Harris, the parliamentarian will answer your inquiry, Sir."

"A very succinct ruling. Mr. Harris." Harris, D: "Mr. Speaker, why am I not surprised by that ruling."

"I was. The Chair recognizes Mr. Brady."

"The Lady yields." 09700044.doc 123  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"That's correct. This is just setting up a statewide pool that if municipalities want to hire from it they can. If they don't want to use it, it's just another opportunity for municipalities if they want to go off that list. It also gives more opportunity to people throughout the state to actually apply and be on a list to be hired as a firefighter."

"Where?"

"No. That's not true."

"What I am doing is I am setting up or codifying that minimum requirements which are now in the statute that a mental aptitude and a physical ability test to be given. That's already in the statute. What this is saying is because it does preempt Home Rule that communities who don't give a mental aptitude and a physical ability test, which is used now by communities with a testing group, they now have to, they can't waive that requirement."

"Mr. Moffitt." 09700044.doc 124  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Yes. We can. The statewide list."

"That's correct."

"Yes, we… Yes it does. I believe it does."

"Yes."

"Yes, it could because they would not have to pay for the testing. They could choose off of the statewide list, if they so desired."

"Only if they want to."

"I would describe it as permissive as far as the statewide list, yes." 09700044.doc 125  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Correct. The minimum requirements for the aptitude and physical ability."

"Those are already part of the statute."

"They… yes, they can, Representative."

"There's nothing in the law that stops them if the first person or second person on the list does not meet the requirements of that particular village. If somebody, I used the bilingual before, if there's a specific need of that fire… of that fire department and the first two don't meet it, then they can go down to the one that does. The only that we say is, is if you're not going to hire the first person on the list you have to have a viable reason for doing so and not having an EMT certification certainly would be so if that's what the village needs to do."

"Yeah. And that's right in this… and that's right in my Bill, Representative." 09700044.doc 126  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"The Lady… excuse me. Representative Dugan to close."

"Thank you. And I'll… I'll keep it brief because we've had a lot of discussion. I… I just want to clear up a couple of things. I know one of the previous speakers talked about the fact that women will have less of a chance because of the physical ability scoring. I want to make it clear, the physical ability test that is to be given, that's already statute, is not a scoring test. It is a pass/fail test. So, all we're saying is you have to, at least, have a physical ability test and somebody should be able to pass it. I also want to just reite… reiterate what Representative Moffitt said, that if… with this concern about the list, right in the Bill it says if a municipality has special needs and the first one or two persons is not on there, they can go down the list. All we're saying is, is that you have to have a viable reason for not hiring the person on the top that met all of those qualifications set by the municipality themselves. They're the ones that set 09700044.doc 127  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 the guidelines. They can make their tests even harder if they'd like. I'm just saying firefighters that are on the list to be hired should at least meet the minimum requirements. They are there to protect us. And we also want to make sure that all firefighters that are hired meet the minimum because they are also there to help protect their fellow firefighter. With that, I would like to say, I can only give you my word and I will say it again to even those that are probably outside, I have said I will work with anybody if there are more concerns. They have not come to me, again. If this Bill passes and we bring it to the Senate and they want to talk to me to… to make some changes or to look at things, I am more than open to doing that. I would like to ask for the safety, and for the firefighters, and those that protect us, and the Fire Chiefs, and every municipality that this does not take away their local control. I would like to ask for an 'aye' vote."

"The Lady moves for the passage of the Bill. Members vote your own switches. There's a request for a verification. All those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Record yourselves, Members. It's Friday. Mr. Colvin. Please take the record. On this question, there are 75 voting 'yes', 28 voting 'no', and 3 voting 'present'. And Mr. Harris, do you persist in your request for a verification?" Harris, D.: "I… I withdraw the request." 09700044.doc 128  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"The request is withdrawn. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Currie."

"Thank you, Speaker. Please let the record show that Representative Zalewski is excused for the rest of the day."

"Thank you, Representative. Next Bill is House Bill 2956, Representative Saviano. Please read the Bill."

"Mr. Saviano, Amendment 2."

"Amendment #2 will be withdrawn. Please proceed to Amendment 3."

Speaker Lang: "Those in favor of the Amendment say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Mr. Saviano, Amendment 4."

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

"Third Reading. Please read the Bill for a third time."

"Mr. Saviano."

"The Gentleman moves for the passage of the Bill. There being no debate, those in favor shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Record yourselves, Members. Have all voted who wish? Flowers. Williams. Please take the record. On this question, 83 voting 'yes', 22 voting 'no', 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Ramey." 09700044.doc 130  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"The record will reflect your intentions, Sir."

"Mr. Bost."

"Only if you can pronounce his name, Sir. House Bill 1153, Mr. Bradley. Please read the Bill."

"Mr. Bradley."

"Thank you. This is an initiative of the Illinois State Bar Association Division of Estates and Trust. It would create the… something referred to as a death deed. We don't currently have this and other states do. They've worked very hard on this. I would ask for an 'aye' vote."

"The Gentleman moves for the passage of the Bill. There being no debate, those in favor shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Saviano, Schmitz, Sullivan. Record yourselves, Members. Mr. Sullivan. Please take the record. On this question, there are 99 voting 'yes', 5 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Bost. Have you determined how to pronounce that name, Sir?" 09700044.doc 131  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Thank you, Sir. Next Bill on the Calendar is House Bill 1237. Representative Mayfield. Please read the Bill."

"Representative Mayfield."

"Amendment #1 is a gut and replace. It replaces the underlying Bill. Basically what this does, it provides a mechanism for victims to receive notification of their rights within 24 hours of an offense."

Speaker Lang: "The Lady moves for the adoption of the Amendment. There being no debate, those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill for a third time."

"Representative Mayfield."

"I'm asking for passage of the House Bill 1237. I do want to note that this is a good Bill. It was a collaborative effort. All opposition has been removed. And this Bill in no way undermines the prosecution… 09700044.doc 132  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 prosecutional authorities' right to amenity. I ask for a 'do pass'."

"The Lady moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Record yourselves. Davis, Mitchell, Winters. Please take the record. On this question, 103 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1355, Representative May. Representative Karen May. Please read the Bill."

"Representative May on Amendment 4."

"See Amendment 4. Wait just a second. Could I have a minute to decide which Amendments we're calling here?"

"We'll wait a minute."

"Number 5 is a technical Amendment that needs to be adopted, I… I believe."

"We need to adopt them in order, Representative."

"Okay."

"Thank you."

"Okay. Number 4. Did you say 3 or 4?"

Speaker Lang: "Mr. Clerk, please read the Amendments off again."

"Is #3 approved for adoption?"

"Status with #3, Mr. Clerk."

"Okay. Then I only want to adopt #5."

Amendment #4 is withdrawn. Representative May on Amendment 5."

"Yes. It's very technical. Changing the word 'fund' to 'account' at the request of the State Treasurer."

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

"Third Reading. Please read the Bill."

"Representative May."

"Yes. House Bill 1355 is a very simple Bill, just suggesting and requiring that the state deposit checks into the appropriate account within three business days. This prompt deposit will earn interest on money and I believe it's a good fiscal measure in this economy."

"The Lady moves for the passage of the Bill. On that question, the Chair recognizes Representative Eddy for brief comments."

"The Lady yields." 09700044.doc 134  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"That's true."

"Right. And 4 has been tabled."

"They really only didn't like Amendment 4. And they are neutral with the adoption of this. I will state very candidly, if the Treasurer's Office or the Department of Revenue has further tweaking, we've agreed to do it in the Senate."

"They… they have told me that if I adopted Amendment 5 they were neutral at this stage."

"Oh, absolutely."

"I've talked to them and we've had very good discussions. This brings it in a form that I thought removed their objection. There may be some tweaking. This is a Bill that is to help the financial stability. Of course, if there's the Treasurer's Office, which is very knowledgeable 09700044.doc 135  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 about it, or the Department of Revenue has to make it work to the intent in which it is intended, that will be done."

"The Lady moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Brauer, Burke, Davis, Jakobsson, Mitchell, Sosnowski, record yourselves. On this question there are 103… Mr. Clerk, please take the record. On this question, 103 'yes', 0 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3259, Representative Tracy. Please read the Bill."

"Representative Tracy."

"Yes. Please explain the Amendment and we'll adopt it for you."

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

"The Bill will be held on the Order of Second Reading. And Representative Tracy, maybe you could track down your fiscal note so we can move your Bill for you or ask the person who filed it to reconsider. Next Bill is House Bill 1883, Representative Smith. Please read the Bill."

"Third Reading. Please read the Bill for a third time."

"Mr. Smith."

"Thank you, Mr. Speaker and Members of the House. House Bill 1883 deals with special service area. Under the law the county and municipal wishing to create a special service area must hold a public hearing in the matter, must provide affected taxpayers within 15 days. The House Bill 1883 strengthens the notice provision by requiring the following information about the proposed special service area to be included in a notice: the proposed tax levy, the tax rates for the preceding years of other taxing districts 09700044.doc 137  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 located within the proposed special service area, the proposed budget, and the tax impact statement containing the tax rates and tax increase estimate. House Bill 1883 requests a public hearing to be held within those boundaries. I would be happy to answer any questions."

"The Gentleman moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Members, record yourselves. Arroyo, Berrios, Moffitt, Sosnowski. Arroyo and Berrios. Please take the record. On this question, 72 voting 'yes', 31 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3635, Mr. Bradley. As Mr. Bradley goes to his chair, we'll recognize Mr. Bost."

Thank you, Sir. Mr. Bradley. Please read the Bill."

"Mr. Bradley."

"It simply says that the long-term provider assessment cannot be passed on to residents. I ask for an 'aye' vote."

"The Gentleman moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have 09700044.doc 138  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 all voted who wish? Have all voted who wish? Ford, Mitchell. Mr. Ford. Please take the record. On this question, 101 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2581, Mr. Reboletti. Please read the Bill."

"Mr. Reboletti."

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

"Mr. Reboletti."

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

"Third Reading. Please read the Bill."

"Mr. Reboletti."

"The Gentleman moves for the passage of the Bill. There being no debate, those in favor of the Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? McGuire, Mitchell. Mr. McGuire. Please take the record. On this question, 101 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3199, Representative Golar. Please read the Bill."

"Please… Third Reading. Please read the Bill for a third time."

"Representative Golar."

"Thank you, Mr. Speaker and Members of this Assembly. I bring to you House Bill 3199. This Bill is an initiative of IHDA and it is important that the Bill go forward. However, there are some opponents on the Bill and I will explain it as much as I can. We have House Amendment #2 that actually added a sunset of July 1, 2016. Also, adds some requirements to the second exemption listed above which is the… we're really talking about today the real estate transfer tax. Must have originated the mortgage being transferred, have not originated a total of 10 thousand mortgages in 2007, and have less than five billion in assets on the Bill… Bill's effective date. House Amendment #2 states that the money collected from these two types of real estate transfers would be distributed in the following manner: 50 percent in the Abandoned Residential Property Municipality Relief Fund, 35 percent into the Open Space Lands Acquisition and Development Fund, and 15 percent into the Natural Areas Acquisition Fund. IHDA sought these changes to please smaller banks and to statutorily define where the newly generated funds will be distributed. Ladies and Gentlemen, today, in the State of Illinois, we are met by a foreclosure crisis. I think everyone in this Body agrees with that. However, what has happened is that IHDA does not have the funds presently to 09700044.doc 141  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 take care of these distressed neighborhoods and this is the initiative that they're coming forth with. I wanted to also add some communities in our districts that have been devastated and I will start out with my district. My district in 2010 there were 957 foreclosures, in the past four years 4,447 foreclosures in the State of Illinois. Approximately, there are 150 thousand vacant properties in Chicago. Representative Flowers' district, 1,073 in 2010, for four years 3,687. Majority Leader Cross's area in 2010, 2,314, in four years 4,880. McCasey's district, 2010, 2,090 and total for four years is 4,944 and I could go on and on. Today, Ladies and Gentlemen, we're talking about helping the distressed areas of vacant and abandoned buildings. Is this the right thing to do? We have negotiated with the banks. Some banks are not at the table, others have come forth. It may not be the perfect solution, but I'm urging… any questions that you may have and any, of course, suggestions that we could go forth to help these distressed communities. Thank you."

"The Lady moves for the passage of the Bill. This Bill is on the Order of Short Debate. I see four lights on. I see five lights on. Representative Eddy, Franks, Leitch, Tryon, and Lyons, you'll each be allowed to speak for two minutes. Mr. Eddy."

"Your request is acknowledged. Mr. Franks for two minutes."

"Thank you. A parliamentary question. Have both Amendments been adopted?"

Speaker Lang: "Mr. Clerk, what is the status of the Amendments?"

"Thank you. To… Representative…"

"Mr. Franks, the Lady yields." Franks: 'This Bill is a tax increase, isn't it?"

"Yes, it is."

"Okay. So, we're going to be raising more taxes on business again. If that what… for… for… to give money to the Illinois Housing Development Authority, correct? That's what this Bill will do?"

"That… that is correct."

"Well, the Illinois Housing Development Authority has been recently criticized for the Taj Mahal, which they call their offices on Michigan Avenue. Have we scrutinized what kind of money that they're spending in their… in their agency 'cause you say that the don't have enough money to do their job. I'm wondering how they spend it." 09700044.doc 143  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"How they spend it?"

"Yeah. I mean, have you been to their offices?"

"No, I haven’t."

"Well, I could tell you, Representative Chapa LaVia told me about her… her field trip there and how upset she was where they're placed on Michigan Avenue. An opulent setting, spending a lot of money and then requesting additional moneys and asking us to increase taxes on businesses after we've just increased taxes 67 percent on them. I think this is… I think this is a really bad public policy. And I just would rather see us require more accountabilities from our own state agency than simply trying to throw more money at a problem because they can't handle their own."

"Mr. Leitch for two minutes."

"Mr. Tryon for two minutes."

"The Lady yields."

"Correct."

"Thank you."

"Mr. Lyons for two minutes."

"Thank you, Mr. Speaker. I… David Leitch certainly articulated as well as I did on this… my concerns on this Bill. The credit unions, community banks, some people are 09700044.doc 145  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 being involved in this thing way over the top of what they understandably realize has to be renegotiated but are certainly not in the position to be able to endorse this in its present form. Assure, with all due respect to you, I know what you're trying to do and you're trying to help a problem that definitely needs some attention. Would you make a promise, if this thing does get out of the House to work on it in the third… over in the Senate to try to make it a little more inclusive with some other issues… underlying issues that need to be addressed that don't quite effect the industry as negatively as it does in this… in this Bill?"

"Absolutely, Representative. It was my thought today… I knew that the Bill wasn't ready. I know that there are many opponents. Many of the banks that we brought in didn’t even come to the table. So, it was important for me to have some discussion and what I wanted to do was to hear the dialogue and I'm willing to pull it out of the record for more work that needs to go forward."

"And the Lady removes the Bill from the record. The next Bill on the Calendar is House Bill 1943, Representative Williams. Please read the Bill. The Lady wishes the Bill to be taken from the record. House Bill 2595, Mr. Reboletti. Please read the Bill."

"Representative Reboletti." 09700044.doc 146  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

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

"Third Reading. Please read the Bill for a third time."

"Mr. Reboletti."

"The Gentleman moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Brady, Franks, Mitchell. Mr. Franks. Please take the record. On this question, 100 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2777, Mr. Tryon. Please read the Bill." 09700044.doc 147  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Mr. Tryon."

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

"Third Reading. Please read the Bill for a third time."

"Mr. Tryon."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Watson. Take the record. On this question, 95 voting 'yes', 5 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Monique Davis." Davis, M.: Yes, Sir. I wanted to speak on that previous Bill."

"I was ahead of you on that one, Representative. I'm sorry." Davis, M.: "Quite ahead. I think it's important that you give us an opportunity to speak on Bills and don't just call the Bill and then call for the vote. I know we want to move, but you can't do it. All I wanted to say was that Bill was a fee increase and by putting it on credit cards some people will find themselves with bad credit based on a late payment to the credit card company. And it is not something to help the… the cleaning industry. It's something that will harm them. Thank you." 09700044.doc 149  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Mr. Brady."

"Please state your point."

"Welcome to Springfield, have a great day. House Bill 3259, Representative Tracy. Please read the Bill, again, Mr. Clerk."

"The Chair recognizes Representative Tracy."

"The Chair recognizes Representative Currie."

"Thank you, Speaker. I believe the fiscal note is applicable. Under the provisions of this Bill, as amended, the Department of Healthcare and Family Services would have to examine private insurance opportunities individual by individual to try to discover whether the All Kids Program is less or more affordable than any other insurance that might be on the market that a parent might choose to buy. 09700044.doc 150  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 So, the idea that the fiscal note is not applicable is to belie the fact that we do not have an inexhaustible supply of staff resources in that department. And I don't know how that department would be able to look at a variety of insurance products and make the determination, unless they are identical, that one is more and one is less affordable for this particular family. So, asking the department to engage in this level of resources is bound to be extremely expensive and I think it would be a disservice to our state agency and its other responsibilities to adopt this Bill without having a sense as to what the actual cost might be. I… I urge my colleagues to vote against the… the Motion."

"Mr. Eddy."

"Representative Gabel."

"Thank you, Mr. Speaker. This Amendment was just put on yesterday, and I just heard about it this morning. And that was why I filed the fiscal note today. It was put on 09700044.doc 151  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 this morning. Actually, the Bill… the Amendment was put on this morning."

"Representative Tracy to close on her Motion."

"The Lady moves that the note filed on her Bill be in… held inapplicable. Those in favor of the Lady's Motion 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? Leader Lyons. Please take the record. On this question, there are 45 voting 'yes' and 50… 55 voting 'no'. And the Lady's Motion fails. The Chair recognizes Mr. Watson." 09700044.doc 152  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Please state your point."

"Next Bill on the Calendar is House Bill 466, Representative Jakobsson. Please read the Bill."

"Representative Jakobsson."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, we had some discussion already on House Bill 466 and I agreed to take it out of the record at Representative Franks' request. Well, we looked to see if we were violating Federal Law and as it turns out there's a very good possibility that the Bill that we're trying to make some corrections to that we passed last spring the Department of Revenue's legal is going to look into that because the whole thing might need a trailer Bill to correct what Representative Franks was referring to. So, I would like to move this to Third, pass it out, because this is not going to change anything that we're already doing but allow the universities and the other agencies that we 09700044.doc 153  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 talked with to proceed with collecting their uncollectable debts."

Speaker Lang: "The Lady moves for the adoption of the Amendment. On that question, the Chair recognizes Representative Franks."

"Thank you. And I appreciate the Sponsor taking the Bill out of the record in that time. I've had a chance to meet with the Department of Revenue and staff. They will be doing a trailer Bill to correct any issues. So, I… I support the Lady's Amendment here. I think we should pass it, then follow it with the trailer Bill. So, thank you for your kind consideration."

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

"Third Reading. Please read the Bill."

"Representative Jakobsson."

"Thank you, Mr. Speaker. Once again, we've had some discussion on this Bill already. And I would urge an 'aye' vote."

"Those in favor of the Bill should vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bellock, Davis, Harris, Tryon. Representative Bellock and Tryon. Please take the record. On this question, 100 voting 'yes'; 0 voting 'no'. And this Bill, having 09700044.doc 154  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 received the Constitutional Majority, is hereby declared passed. House Bill 465, Mr. Rita. Please read the Bill."

Speaker Lang" "Mr. Rita."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is an initiative of the County Clerk's Association. What it does is gives the authority to the county boards to readjust their fee schedules for marriage license. It also makes a technical change in the civil unions fee."

"The Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Mr. Eddy for two minutes."

"The Gentleman yields."

"Yes."

"Yes. Which would include the… the civil unions."

"It doesn't raise it. It gives the authority to the board if they do… do want to have an increase there that 09700044.doc 155  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 the… the county boards would do that. We're not increasing it and we're just expanding the… the types of fees that they can charge. Which would include the… what was…"

"No."

"No, it doesn't."

"No. It doesn't… it doesn't change what the existing fees are. No, it doesn't."

"It raises the cap… raises the ceiling on it."

"Yes."

"Yes."

"Yes."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Record yourselves, Members. Have all voted who wish? Biss, Davis, McCarthy, Phelps, Reitz. Mr. Biss. Please take the record. On this question, there are 46 voting 'yes'; 54 voting 'no'. And the Bill fails. House Bill 230, Mr. Leitch. Please read the Bill." 09700044.doc 156  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Mr. Leitch."

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

"Third Reading. Please read the Bill for the third time."

"Mr. Leitch."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Brady, Watson. Please take the record. On this question, 88 voting 'yes', 13 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Kosel." 09700044.doc 157  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Welcome to Springfield. Happy to have you here. House Bill 145, Mr. Franks. Please read the Bill."

"Mr. Franks."

"Thank you, Mr. Speaker. Are we on Committee Amend… Floor Amendment #3? I need to see… I'm sorry, I have Floor Amendment #1. Give me one moment, please. So, the underlying Bill deals with the divestiture of the State of Illinois pension systems from businesses that deal with the Islamic Republic of Iran. And this Bill would strengthen laws that we currently have. I believe that the Amendment defines the defense sector as well as scrutinize company and foreign company. I'd be happy to answer any questions."

"The Gentleman moves for the adoption of the Amendment. On that question, the Chair recognizes Mr. Eddy for two minutes."

Speaker Lang" "The Gentleman yields."

"I'm not… I don't understand the term 'global security risks'. That's a term I'm not familiar with."

"Can we take this out of the record for the moment? I was studying House Amendment #1. I have not seen 3. If we could take it out of… of the record for a moment, I'll speak with the…"

"Out of the record at the request of the Sponsor. House Bill 1578, Mr. Mautino. Please read the Bill."

"Mr. Mautino."

"Thank you. I'd move adoption of Amendment #2. And this is language that I had discussed with Representative Sullivan. It answers the questions on the park district. I'd approve… I'd appreciate a vote to adopt Amendment #2."

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

"Third Reading. Please read the Bill." 09700044.doc 159  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Mr. Mautino."

"Thank you. This is an initiative of the park districts. There is no opposition to the Bill. The Farm Bureau had misstated their opposition. So, they corrected that for us. The Amendment says that if one levy is raised the other must be lowered so there can be no additional taxes or tax increases in this Bill. That was always its intention. And I'd appreciate an 'aye' vote."

Speaker Lang: "The Gentleman moves for the adopt… for the passage of the Bill. And on that question, the Chair recognizes Representative Eddy for two minutes."

"And that Amendment took care of it. As I said, it's been worked out with Representative Sullivan. And he went through it with the… the tax experts. Basically, they cannot exceed the cap. There are currently in statute in two different locations, two commercial lines and two… two recreational lines. If one is raised the other must be lowered so that there can be no net increase at all."

"And that's exactly what the Amendment #2 says."

"Correct. And what it is and that's really no change. The only thing the Bill does is clarify the existing law for a handful of counties that were concerned they might not be doing it properly."

"And so that was the intent and that's in fact what it does."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Record yourselves, Members. DeLuca, Lyons, Mitchell. Please record yourselves. Please take the record. On this Bill, there are 50 voting 'yes', 48 voting 'no', and 3 voting 'present'. Mr. Mautino."

"Gone."

"And this Bill is declared lost. Mr. Bost."

"You've excused yourself, Sir? Briefcase in hand, there he goes. Let's here it for Mr. Bost. House Bill 2858, Mr. Mautino. Please read the Bill."

"Mr. Mautino." 09700044.doc 161  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Are you sure I want to do this right now? Actually, this is the annual audit, Auditor Generals Audit Expense Fund transfer. This is… there are two Bills: one is an appropriation Bill, the other is the language. This is just moving his money over to pay for the audits of governmental agencies that we've ordered."

"Gentleman moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Leitch and May. Mr. Leitch. Please take the record. On this question, there are 99 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3223, Representative Senger. Please read the Bill."

"Representative Senger."

"The Lady moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Davis, Leitch. Representative Monique Davis. Please take the record. On this question, 98 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1110, Representative Karen Yarbrough. Please read the Bill."

"Representative Yarbrough."

"Thank you, Mr. Speaker. House Bill 1110 was brought to me by the Chicago Housing Authority. It amends the Housing Authority Act by changing the Section perterning… pertaining to Income Disregard Program to have it conform with federal regulation. The Income Disregard Program is an excellent program that provides an incentive for public housing families to go to work by not counting their income increase towards an increase in rent. This change keeps the valuable program in place and makes the 09700044.doc 163  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 changes necessary for this Section to conform to federal regulation. I'd be happy to answer any questions."

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

"The Lady yields."

"That's correct."

"You still have a little time, Sir. Those in favor of the passage of the Bill should vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Gordon. Jakobsson. Stephens. Please take the record. On this question, there are 97 voting 'yes', 0 voting 'no', 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3443, Mr. Mautino. Please read the Bill."

"Mr. Mautino."

"Yes. Thank you, Speaker. This is the issue of medical sharing trust specifically. I've had this Bill for a couple of years for Samaritan Ministries. They have a sharing… a medical sharing trust and they allow for members to help pay other members health care bills. And they've been around for four years. We've tried to regulate them 09700044.doc 164  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 under trusts. The Attorney General's Office wasn't interested in handling the regulation for them there. We've worked with the Department of Insurance and continue to on this Bill and under the Federal Health Care Law basically there was an exemption that has been granted to medical sharing trusts so that they can continue. And this basically puts Federal Law into our statutes. It has a corresponding Bill which just came from the Senate. It arrived here today."

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

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

"The Gentleman yields."

"Representative Mautino, I was a little confused about this Bill in committee and I'm… and I'm just wondering, why is this Bill needed?"

"The concern was with changes that have happened or… and are ongoing with the federal health care laws that Samaritan Ministries and other needs sharing trusts wanted to be able to continue doing what they do, which is members pay for other members health care bills. It is not insurance and it operates, basically, on the form of a trust, as opposed to an insurance company."

"So it's a… it's an exemption from the Affordable Health Care Act?"

"Excuse me. Can you restate?" 09700044.doc 165  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"It's… is it an exemption from the Affordable Health Care Act? I mean is it… does the Affordable Health Care Act not approve these?"

"No. No. They… they already have an exemption from the Affordable Health Care Act. It's done at the federal… federal level and this just mirrors it. They currently have an exemption at the federal level. As a matter of fact, a question on their status in a different state was now dropped just because of that. The federal exemption has passed. We're going to mirror it, so they can continue to do what they do."

"So, the answer is essentially that this exemption is a mandate to maintain individual coverage for the current members or these qualifying ministries that you're talking about, right?"

"No. The Samaritan, they're not actual… they're not insurance plans or mandated coverage plans. They basically, members of a religious organization would get together, they would agree to help pay people's bills off. This has been going on for about 70 years."

"So, does this Bill go beyond what the Affordable Health Care Act contemplates?"

"No. It actually just allows them to keep doing what they're doing, which is allowing members to share the cost of health care. I actually had an employee from one of our… a friend of one of our employees joined one of these and it was actually very helpful. It wasn't insurance, but when it came time for her to get her bills covered the people sent money, actually, directly to her to pay off her 09700044.doc 166  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 bills. It doesn't go to the provider, but it's member to member which is why it falls outside of the Insurance Code."

"Representative Feigenholtz, your time has come to a close. So, please bring your remarks to a close."

"Well, I have a couple of more questions, Rep… Mr. Spe…"

"We'll give you one more minute."

"Thanks. Does this Bill define arrangement in the underlying language, Representative Mautino or does it leave without any definition? I… I've… from what I… the notes I have there's no definition of arrangement which could be a problem."

"It… it wasn't a problem in the Federal Act, which this mirrors. As a matter of fact, their exemption was just granted in the feds and in other states where they're operating as well."

"And would… do you think this Bill exempts religious organizations and members who have an undefined arrangement from insurance laws?"

"These…"

"So, this is like an exemption from…"

"Sure."

"…so… from the Affordable Health Care Act."

"It's… no. It's a exemption from the actual… from the Insurance Code itself. And actually, Amendment #1 was necessary because in drafting of the Bill by using the federal language we actually accidentally exempted them from car insurance and house insurance and everything else. 09700044.doc 167  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 So, that fixed… you know, that fixed and said they have to carry… they have to apply for all other types of insurance. However, since they're not an insurance company the Code does not impact them."

"But this… you're not… so people are going to opt into this because they want to be in it. Even though in other states, like the State of Washington currently had… they recently had a program like this and there was a lot of deceptive and predatory practices going on, but if the ministry… if… if you're in, you're in. You make that decision yourself. Is that correct? So, if you want people to prey upon you, if you have a bad operator, you make the decision to be in it or not, correct?"

"We have…"

"It may not be the best way to go, but it's consumer choice."

"It's… there's an option that's out there. The… the sharing trust actually the Illinois base has worked well for about 70 years for the people throughout Peoria and the Midwest. They do have thousands of people who have chosen to supplement their health care by… by doing this type of a choice."

"It's a very interesting Bill, Representative. Thank you."

"Thank you."

"Representative May."

"Yes. Will the Sponsor yield?"

"The Gentleman yields." 09700044.doc 168  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Has… has your Amendment #2 taken away the objections of the Illinois Department of Insurance?"

"No, it isn't. As a matter of fact, I talked with Director McRaith about 10 minutes ago and told him we would continue to work with him. He has some ideas for some different language. And I would be willing to… to do that. I've spoken with Bob Wagner, who is the Senior Legal Counsel at the Department of Insurance, for any ways they could do this better. I've been… been working on this for about three years. The department did not want to regulate them in the first place. They suggested we go to the Attorney General, as it was a trust. We went to the Attorney General, she said that it was not in her area. So, she didn't want to regulate them. So, the Federal Law has now made a decision on how they should be overseen and how they should be allowed to continue."

"Is the cease and desist order still in effect from… from federal… from the federal level?"

"My understanding is no because of the federal language that cease and desist order on my understanding is… was withdrawn. I believe you're talking about out in the State of Washington."

"Okay."

"And actually that's the reason for this Bill itself is to take that individual decision away and to allow for the… not the individual but different departments from having all different kinds of interpretation of what this is. Essentially, you and I agree that if you get sick, I will help you. You send the… the bills in and I will send 09700044.doc 169  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011 you money as opposed to the provider. And that's how they've worked for, you know, in this case 70 years but for hundreds of years."

"Okay. I just… I was red flagged by the Department of Insurance that this exempted them from all insurance laws. So, you agree, it still needs work."

"We… we fixed that with Amendment #2."

"Okay. But… but you agree that it still needs work."

"I'm still willing to work with the departments on here. I think that… that without this law they will be able to continue to do what they do. With this law, it just says that the feds have now recognized that they can exist as… as they have existed and it will allow them that piece of mind to continue working properly."

"Representative May…"

"Thank you."

"…please bring your remarks to a close. The Lady has completed her remarks. Mr. Mautino to close."

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

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Gordon, Harris, Lyons, Pritchard, Smith. Record yourselves, Members. Representative Gordon. Mr. Clerk, please take the record. On this question, there are 86 voting 'yes', 10 voting 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 83, Representative Yarbrough. Please read the Bill." 09700044.doc 170  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Representative Yarbrough."

"Thank you, Mr. Speaker. House Bill 83 encourages juvenile courts to explore all less restrictive alternatives to confinement and plans for reentry from confinement. This Bill will also help Illinois to recover Federal IV-E Funds for services for delinquent youth. I'd be happy to answer any questions."

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

"The Lady yields."

"Yes, it did, but we've worked with the State's Attorneys and they are now neutral."

"That's correct."

"Yes. Yes."

"We want them to consider… we want them to consider what is the least restrictive alternative taking into consideration everything that this child has been through." 09700044.doc 171  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"No. No. That's exactly what it does."

"Mr. Reboletti for two minutes."

"The Lady yields."

"That's correct."

"Thank you."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Members record yourselves, please. Mr. Biss. Representative Cole. Please take the record. On this question, there are 73 voting 'yes', 25 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Majority Leader Currie." 09700044.doc 172  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Thank you, Speaker. Please let the record show that Representative Acevedo is excused for the remainder of the day."

"Thank you, Representative. House Bill 3450, Representative Mautino. Please read the Bill."

"Mr. Mautino."

"Thank you. This Bill allows for the applicant to provide an e-mail address to the State Commission in addition to their name. And basically, this was an initiative of the Beer Distributors. It allow liquor licenses to issue e-mail reminders 30 days before a license expires."

"The Gentleman moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Soto and Williams. Please take the record. On this question, there are 97 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Members, the Chair is prepared to adjourn. I'd like to thank you for your cooperation today and wish you an enjoyable week off. And now… and now not quite yet. Members, I spoke to soon. House Bill 61, Mr. Farnham. Please read the Bill."

"The Bill number, Mr. Clerk, is House Bill 1261. Please read the Bill."

"Mr. Farnham."

"Thank you, Mr. Speaker, Members of the House. Sorry to hold you up here. House Bill 1261, the Amendment adds Metra to the list of entities that are required to enter into an agreement with IDPH to compare the roster of reduced fare programs with those individuals recorded on the elections death reporting system. This changes the re… repre… the reporting system to… so that the transit agencies are reported the deaths so that they can take people off of those rolls."

"The Gentleman's moved for the adoption of the Amendment. There being no debate, those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Mr. Farnham."

"Thank you, Mr. Speaker. I ask for an 'aye' vote on this. This will save millions of dollars to the people of the State of Illinois. I ask for an 'aye' vote."

"The Chair recognizes Mr. Brady." 09700044.doc 174  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Reluctantly."

"From the Mass Transit Agencies and the county assessors."

"Correct."

"Mr. Mathias for two minutes."

"He will yield."

"They're okay with Amendment #5 now."

"My understanding is that they would have to pay a minimal amount of money on this and that's why… to get the records, but the money that they would save would be overwhelmingly more than what it would cost them." 09700044.doc 175  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"IDPH and an administrative fee for exchanging the information."

"Right now the state says that they would not charge a fee. They may, but they're saying that they would not, at this point."

"Mr. Mathias…"

"…please bring your remarks to a close."

Speaker Lang: "The Gentle… the Gentleman asks for a verification. Mr. Mathias asked for a verification. Mr. Eddy for two minutes or much less."

"Mr. Farnham." 09700044.doc 176  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 44th Legislative Day 4/15/2011

"Right now, they're being charged a lot more right now than they would be charged, $16 thousand to get the information by the Department of Social Security. This would be hundreds of dollars. So, it would be considerably cheaper and save them a lot of money in the long run."

"The Gentleman removes the Bill from the record. And now, allowing perfunctory time for the Clerk, Representative Currie moves that the House stand adjourned 'til Tuesday, April 26 at 12 noon. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the House does stand adjourned. Have a good week."