Illinois House Floor Debate — May 5, 2011

Speaker Lyons: "Good afternoon, Illinois. Your House of Representatives will come to order. Members are asked to please be at your desks. We'll 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 your cell phones and pagers, and everyone is asked to please rise for the invocation and the Pledge of Allegiance. Reverend Cagle."

"Representative Beaubien, Representative Mulligan we're glad you're back with your family. If you'd jointly lead us in the Pledge of Allegiance." Mulligan & Beaubien - 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. I have no excused Democrats to report today."

"Michael Bost, the GOP?"

"Mr. Clerk, take the record. We have 118 Members responding to the Call of the Chair, we have a quorum present. We're prepared to do the will and the work of the people of the State of Illinois. Mr. Clerk."

"Representative Karen May for the purpose of an announcement. Shhh."

"Yes, thank you, Speaker. Listen, Ladies and Gentlemen of the House, I would like to call your attention that we are less than one week away. Mark your calendar, mark your calendar. May 11 at the Hilton, 5:30. The biennial Capitol Capers. Rehearsal, if you're in the show, May 9, 7 p.m. at the Hewlett Building; dress rehearsal May 10, 5:30 p.m. at the Hilton. We… our captains are busy giving out the assignments, practicing their songs. It's going to be great. If you haven't bought your ticket yet, see us now because the tickets are going fast. And in case you haven't heard, the theme is the Wizard of Oz. So, start thinking about who's the Wizard and see you there."

"Representative Monique Davis, I believe you want to present House Resolution 304. Mr. Clerk." Davis, M.: "Thank you very much, Mr. Speaker. House Bill… House Resolution 304, is as follows; WHEREAS, Illinois State Representative Monique Davis and the Members of the Illinois House of Representatives recognize that Mother's Day is celebrated nationally on Sunday, May 8, 2011; and WHEREAS, Every mother wants her child to succeed; and WHEREAS, A child's parents are the foremost authority in the needs of the child; and 09700050.doc 5  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 WHEREAS, Every day, mothers and grandmothers stand up for the rights and justice of their children and advocate for their needs; and WHEREAS, Many of these parents and grandparents come to Springfield to advocate on behalf of legislation that supports their children's rights; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we designate May 5, 2011 as 'Moms on a Mission Day' in the State of Illinois… in the State of Illinois to honor mothers, grandmothers, and their families who stand up for children's rights; and be it further RESOLVED, That we welcome the mothers and grandmothers present at the Illinois State Capitol today May 5, 2011 to join us in our efforts. I ask you to politely welcome the moms on a mission who are in the gallery over to your left."

"Welcome to your Capitol, moms. We are proud to have you in Springfield and happy Mother's Day from all of us. Representative Soto."

"I will be translating what Representative Davis… on the House Resolution. En español, hoy reconocimos en esta resolución que estamos aquí y reconocimos que el día de las madres es domingo mayo ocho, veinte once, y EN TANTO QUE cada madre quiero lo mejor para sus niños y TANTO QUE cada… cada todo de los padres están la mas destacada autoridad en las necesidades de los ninos, 09700050.doc 6  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 EN TANTO QUE, las madres y las abuelas separan a los derechos de sus hijos, y abogado para sus necesidades; y EN TANTO QUE, muchos de estos padres y abuelos vienen aquí a Springfield al capital para recomendar a favor de legislación que apoya las derechas de sus niños, por eso ESTA RESUELTO, por LA CASA DE REPRESENTANTES DE LA NOVENTA SÉPTIMA ASAMBLEA GENERAL DEL ESTADO DE ILLINOIS, Que designamos el 5 mayo 2011 como, 'El día de las madres están en un misión,' en es estado de Illinois… en el estado de Illinois, para tener honor del madres, abuelas, y sus familias quien defender las derechas de los niños, y haber ido mas lejos, ESTA RESUELTO, que nos bienvenidos las madres y abuelas que hoy en el día 5 mayo 2011 están aquí en la capital del estado Illinois, preguntamos que a unirnos en nuestros esfuerzos. Le pregunto a cortésmente para bienvenida las madres que tienen un misión que están en la galería a su izquierda. Bienvenido a tu capital, las madres, estamos orgullosos de tenerte en Springfield, y feliz dia de las madres de todos nosotros."

"We've heard the English and the Spanish version of House Resolution 304. All in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, by unanimous consent, House Resolution 304 is adopted. Thank you, Representative Davis. Thank you, Representative Soto. Mr. Clerk, Representative Lang on the Order of Third-Reading House Bills, on page 4 09700050.doc 7  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 of the Calendar, has House Bill 30. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Cook on House Bill 30, Representative Lou Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The importance of this Bill is not lost on anybody in this chamber. We've spent a good deal of time talking about the original Bill which barely failed, spent a good deal of time talking about the changes to the Bill. Before we proceed, I do want to publicly thank Leader Tom Cross and Mr. O'Shea and Mr. Persico from his staff for working tirelessly with me to try to craft a piece of legislation that would be a model piece of legislation for this country. And I believe we've done that. I also want to thank Mr. Mapes, Mr. Isaac who's standing here with me, for a good deal of cooperation in making significant changes to a Bill that last year, admittedly came close to passage, but was not as tight as this Bill. And I do believe that even those among you who will not vote for this today would acknowledge that this is a much better Bill. Chicago Tribune and other newspapers around the State of Illinois have said that in their endorsements of the Bill. So today we have a Bill that's titled the compassionate use of medical cannabis. The compassionate use of medical cannabis to help people who need a product to live a quality life, the person that can't get out of bed because they're too 09700050.doc 8  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 doped up on morphine or OxyContin, the person that can't take care of their kids because of that, the person that can't work because of that, the person that needs a little help from us. The help that a doctor would like to provide, but is not allowed to provide under the statutes of the State of Illinois. So, this is a Bill that many more than 60 of you would tell me privately that you hope I pass, many more than 60 of you have told me you hope the Bill will pass, but not all of you that told me the Bill would pass are prepared to vote for it today. And I am asking you to take your heels out of the sand you've dug them into and just listen, just listen. So, despite newspaper endorsements of this Bill and despite polls in Illinois that show 70 percent of Illinoisans believe that we ought to be able to provide relief and a better quality of life to the people that live in the State of Illinois who need this help, some of you are unwilling to even vote your own conscience and your own convictions and I ask you to give that some thought. The Members of this House, even those that will vote 'no', are aware that this Bill is not about drugs; it's not about marijuana; it's about health care. It's about health care for Jim Champion who's in the gallery today, a disabled vet who many of you have met. He has been down here for months, years visiting with you, talking to him about his MS, talking to you about what he needs to live a better life, talking to you about the fact that he just takes one or two puffs and his hands open up and his legs uncross and he's able to have a much better quality of his life. It's about Mike Graham who has been 09700050.doc 9  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 here many times, a man who has had heart attacks and strokes and two spinal fusions and has come to visit many of you to tell you that he would not be alive today if not for the relief that this product has given him. And there are so many others who are just seeking a better quality of life. Some are… some have fatal diseases. The 75-year-old woman, who's a colon cancer patient who is terminal, who may want a cookie with marijuana in it or a brownie or get one puff of a cigarette to provide relief so she can enjoy the remaining years she has on this planet. Today the drugs that people are taking sometimes don't work, they render them unable to do anything. And they're just simply looking for an alternative. This Bill is substantially different from the Bill that was defeated barely some months ago. Many of you have not yet even read the new Bill. Some of you have said to me, I can't vote for a Bill that allows someone to grow their own. That is out of the Bill. Here's what the Bill does. It says that if your doctor believes you need to be able to use this product for relief of your symptoms the doctor can give you a piece of paper, along with your medical records, displaying that you have had a bona fide relationship with this doctor and that the doctor has tried other alternatives which don't work to provide the quality of life to you that you need. You can take these documents to the Department of Public Health who may or may not agree that you are eligible and qualified to get a license, If you get a license you have to purchase this product from one of 59 dispensaries throughout the state. We picked 59 so there'd be only one in each Senate 09700050.doc 10  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 District. And we require that these dispensaries be not- for-profit. We didn't want to make Illinois a marijuana profit center. We just want to find places where people can get the product they need. These not-for-profit organizations have to have everyone who works there and everyone who is an owner go through a criminal background check. Each dispensary must have computer equipment with a database that can be accessed by law enforcement. No one can buy more than a specified amount within a given period of time, and no one can own or stockpile more than that specific amount at any given time so that nobody will be persuaded or even think about stockpiling it and selling it illegally. And by the way, there are very strong penalties for the illegal sale of medical cannabis under this Bill. The Bill also states that employers may have any rules they wish regarding the use of this product at the workplace or even prohibit it entirely. This is why the Illinois Chamber of Commerce is neutral on the Bill. Employers may make any rules they wish, landlords may make any rules they wish. If a landlord doesn't want somebody with this product on their premises, they can't be there. They can't use the product. Finally, maybe not finally… next, this Bill has a 3-year sunset. This Bill doesn’t ask you to for all time allow anyone who wants medical cannabis to have it. It doesn't say we're going to do this for the next 100 years. It says, these are sick people, some who are dying, some who are in desperate pain. Let's try, for 3 years, what 16 other states have tried, but many of those other states have botched it. Let's give people 3 years, under a highly 09700050.doc 11  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 regulated system, to be able to get a product they need to improve their lives. The issue of law enforcement will come up. Let me tell you that the Federation of Police are neutral, the State Police are neutral and yet the Illinois Chiefs of Police are opposed, but does anyone expect them not to be opposed. Police are never for making something legal that was illegal. And so, I don't think that argument flies. The only argument that flies is that every one of us has people in our district who need this product. I'm asking you to consider this. Those of you who have told me you'll think about it, please do. One more comment and then I'll take questions. As always happens on these controversial Bills, many of you have said to me I'll be there if you need me, I'll be #58, I'll be #59, I'll be #60, but if you do that, we will never get there. If you have pledged to me your help, press that green button right away and the Speaker will give you a few seconds to jump off the Bill later if that's what you think you need to do, but don't be the 60th vote, be the 1st vote, please. Mr. Speaker, I move for the passage of the Bill and I'll take questions."

"Representative Bellock."

"Sponsor yields."

"The answer is, yes, but I don't think because the Federal Government has failed to research something that provides relief to people, such as the people in the gallery, we should hide our heads in the sand and ignore the facts."

"That is correct except that the United States Justice Department has announced that they are not going to pursue those laws in states where marijuana has been legalized for this purpose."

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

"Ladies and Gentlemen, this Bill's on Standard Debate. I'd appreciate if you'd indulge that Chair. We get three speakers for it; three speakers against it. It's been debated in the past. It would be much appreciated. Representative Sacia, 3 minutes."

"Sponsor yields."

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

"Representative Feigenholtz, 3 minutes."

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

"Sponsor yields."

"Representative Lang, there's a lot of noise in this chamber and I have been running around and I really would like the Body to know, I… you did say earlier that this Bill is… has been changed dramatically, and for those of us who have concerns or had concerns, this is a pilot that we have to… that sunsets in 3 years. Is that correct?"

"I'm sorry. Did you ask me if the… what the changes are in the Bill?" 09700050.doc 17  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"I did. I'd like to hear that, but I also would like to talk about the 3-year pilot, but go ahead."

"Well, let's… let's start with that. So, we made this a 3-year pilot so that those on the House Floor who were concerned about what could happen or concerned about any negative fallout from this Bill could be convinced that in 3 years we are going to have to, if we want to continue this, start all over, draft a Bill and pass a Bill. So, clearly if it's not working, if… if we're having the problems that some other states are having, we… we won't vote to renew this program."

"So, it is going to be left up to the Body to make a decision on whether or not there's been abuses in the program and we can revisit this in 3 years. Is that correct?"

"That is completely correct."

"Ladies and Gentlemen, to the Bill. I… when I first ran for State Representative one of the first things that I encountered were… was a man in my district who was dying of cancer and one of his major concerns was our profound inability to be good stewards of… of pain management and allowing for what the Representative is proposing in this Bill. I know that many of you have had visits from your constituents about this Bill who are living with all kinds of health issues for which this would help dramatically. And I ask you to pause for a moment and think about them and think about the relief this would bring to them. And if in the end, this Bill is abused that we will have an opportunity to come back and remediate. And 09700050.doc 18  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 I encourage a 'yes' vote. And Mr. Speaker, I also would like to put this on Extended Debate and also I would request a verification."

Speaker Lyons: "Verification's been noted, Representative. Representative Morthland, 3 minutes."

"Sponsor yields."

"Representative, your 3 minutes are up. We'll give you another minute to finish your thoughts." 09700050.doc 20  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"We've had three people speak in opposition, two in support. The Chair recognizes Leader Tom Cross."

"We've had three people speak in favor and three speak in response. Representative Lang to close."

"Well, thank you, Mr. Speaker and Ladies and Gentlemen for a robust debate which we had last time a similar Bill was on the floor. I appreciate the comments of the Minority Leader. I don't think I can say it any better than Mr. Cross did. He worked very closely with me to craft this legislation. And as we crafted the legislation we listened to the debate, the previous debate. We heard your comments. 09700050.doc 24  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 You didn't want the grow your own in, we took it out. You wanted law enforcement to be able to access what people were buying, we put it in. You wanted strict limits on driving, we put them in. You wanted to make sure that landlords and employers could have any rules at the apartment building or the workplace that they wanted, we put that in the Bill. We kept the 3-year pilot program in the Bill. We put strict limits on how much you can buy and how much you can keep at any one time. We did all those things because we listened to you and we listened to the debate. What we did not change is the core of the Bill. What is the core? The core of this Bill is helping sick people feel better. If it were simple to go to the Federal Government and get them to just make marijuana legal, that would have been done already. We wouldn't need to have this Bill. And to say that the Federal Government should decide for us what we should do on a case where 16 other states are doing it, I think is not a good logical argument. The comments that eighth graders get a hold of marijuana, let me tell you, eighth graders who get it are going to get it whether we pass this Bill or not. Every one of us either has or has had kids in college, we were in college. We know you can get this product if you want to get it. The question is, are we going to make Jim Champion a criminal? He's going to continue to get the product, but should we make him a criminal or should we allow him to have some dignity with his MS? A disabled veteran who wants to get his legs uncrossed, who wants to be able to unfold his hands so he can play a couple of games on his cell phone 09700050.doc 25  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 and live out a quality of life that's good for him. Is there any reason we shouldn't allow Jim Champion that privilege? So, Ladies and Gentlemen, I'm asking you, I'm cajoling you, I'm pleading with you to consider that this is a 3-year pilot program to give sick people in our state a better way of living and if we're not here to do that, then we ought to consider why we're here in the first place. Those of you who've told me you would consider voting for this Bill, please do not watch the board. Please don't be the 58th vote or we'll never get there. We can pass this Bill if good, right thinking people will consider their position in the next 30 seconds after hearing this debate and after searching their heart. If you do the right thing, this could happen. Be the 1st green vote on that board. Please vote 'aye'."

"Ladies and Gentlemen, there's been a request for a verification… two requests for verification, so push your own switch. The question is, 'Should House Bill 30 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 Colvin. Mr. Clerk… Mr. Clerk, take the record. Take the record, Mr. Clerk. On this Bill, there are 53 'yeas', 61 'nays' and 4 'present'. Representative Lang."

"Request Postpone Consideration, Mr. Speaker."

Speaker Lyons: "Mr. Clerk, put that Bill on the Order of Postpone Consideration. Mr. Clerk."

"Mr. Clerk, on page 4 of the Calendar, on the Order of House Bills-Second Readings, there's House Bill 2934. What's the status on that Bill, Mr. Clerk?"

"Representative Feigenholtz, there's Amendments pending. What's your pleasure on Amendment #1?"

"I believe I… there are four Amendments on this, correct?"

"Mr. Clerk, the status on that Bill and the Amendments?"

"I believe we wanted to put #4 on."

"Mr. Clerk, take that Bill out of the record. Mr. Clerk, on page 10 of the Calendar, under Postponed Consideration, is House Bill 2987. What's the status on that Bill, Mr. Clerk?"

"Place that Bill on the Order of Second Reading, Mr. Clerk. And Representative Verschoore on Floor Amendment #1 to House Bill 2987. Representative Pat Verschoore."

"Thank you, Mr. Speaker. What the… what the Amendment does is adds to… adds to the PL agreement that there will be a… records kept and for every three months on the amount of… of minority of women that would be working on these projects. And I ask for an 'aye' vote."

"You've heard the Gentleman's explanation on Amendment #1… Floor Amendment #1. Is there any discussion? Representative Ford, are you seeking recognition on the Amendment? Okay. We'll get back to you in a moment. Seeing no one has any further questions on Floor Amendment #1, all those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Read the Bill, Mr. Clerk."

"Representative Pat Verschoore on House Bill 2987."

"Thank you, Mr. Speaker. We have debated this Bill before. What this does is codify a law that we already have in place whereby the… would be project labor agreements on projects that the department heads would deem that would make them… get them done under a timely manner and most of the time under… under budget and on time. And I would be glad to answer any questions on that." 09700050.doc 28  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Representative David Reis."

"Sponsor yields."

"It's done by Executive Order now. All this would do is take it away from the Executive Order and then give it to department heads that deem this would be a… a project. It's not all projects; it would be project labor agreements. The ones that they deem… that deem worthy of these that would be used."

"Representative Eddy."

"Sponsor yields."

"Well, when they deem… when they deem a project they want to use a project labor agreement on it, it would be put in the bid specifications that there would be the prevailing wage or the union wage would be paid on that. And to get back to the previous speaker's thing, right in the Bill is says it permits the selection of the lowest qualified respectful bidder without regard to union or 09700050.doc 30  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 nonunion status. So, they can bid it. It's not that they cannot bid it."

"Right."

"Right."

"Yes."

"Wages and benefits."

"No."

"It does not eliminate… it makes a level playing field because they have to pay the prevailing wage plus the prevailing benefits. So, they have to pay that anyhow so it does not raise the cost of a project."

"They used the… I think the reason they used it, Representative Eddy, was because of in larger projects they wanted to make sure they got them done on time and on budget."

"If they have to pay them anyhow, Representative Eddy. We have prevailing wage, they have to pay prevailing wage and prevailing benefits. So, it doesn't make any difference whether they bid them or not."

"So noted, Representative Eddy. Representative Tom Holbrook."

"Thank you. Will the Sponsor yield?"

"Sponsor yields."

"Question, Representative Verschoore. Sometimes utility companies must relocate their facilities as a result of public works projects, does this Bill also require public retire… excuse me, does this Bill require utility companies to establish project labor agreements?"

"No."

"Thank you."

"This Bill covers projects that are directly contracted by the State of Illinois; therefore, the Bill does not cover utility relocation facilities that are done by utility expenses."

"Thank you."

"Representative Burns."

"Thank you, Speaker. To the Bill."

"To the Bill."

"Just for the information of the Body, I'd like to thank the Sponsor of this legislation and the proponents of the Bill for working with several of us in the Black Caucus on language regarding goals for apprenticeship hours to be performed by minorities and women and for goals for total hours on project labor agreement projects to be performed by underrepresentative… underrepresented minorities and females. This language is very important to make sure that on project labor agreements there is a workforce that looks like the rest of the State of Illinois. There is a strong 09700050.doc 33  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 reporting requirement on the actual number of hours performed by minorities and women. And I'd like to thank the Sponsor for including this language and I plan to vote 'aye'."

"Representative Jim Sacia."

"Sponsor yields."

"I think you're correct there. I don't… I don't have that right in front of me."

"Well, Representative, I… I read this Section 20 under paragraph 3 and it says right here, when it's been determined that a project labor agreement is appropriate for a particular project… a works project, the State Department may award that to instrumentally awarded bidders. And it all says… and it says there's… any qualified bidder is permitted to bid on this whether union or nonunion. So, I don't know why they didn't get to bid on it. But… and I don't know where they come up with the percentages."

"Well, Representative, I don’t know where you saw in the Bill, I was… maybe it's in here, but I was thumbing through it as you were… you were talking. And I don't see anywhere where there's percentages… a number of percentages in here."

"I see that, but I don't see the percentages there. I'm sorry, maybe I'm blind but I don't see those."

"That's where the definition of minorities come from…"

"In your… in your Amendment."

"Thank you." 09700050.doc 36  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Representative Jefferson and then Representative Verschoore to close."

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

"Sponsor yields."

"Representative, we had this discussion yesterday in committee…"

"Uh huh."

"…and I'm going to support your Bill. From what I understand with this Bill, it's going to strengthen the ability to bring in minorities, females to be included in this job. Is that correct?"

"That's correct."

"I'm getting sick and tired of… of passing these projects in my community, $100 million projects, no minorities, maybe a handful of females, whatever. It's time for us to be included. With our unemployment at its highest in the African-American districts, the female districts, the Hispanic districts, it's time for us to be included in the process. And I get sick and tired of driving by these projects as they're being put in place and not have the inclusion that we need. It's not showing diversity that our state shows and we need to be included in the process. So, I'm going to support this Bill, but I'm going to make sure I follow it through to the Senate Sponsor and that language is included, and maybe even made to be stronger than it is so that we can be included in the process because we… we support our communities too and we need to work to feed our families. And if we aren't included in the process, that means we aren't working. So, I commend you for this piece 09700050.doc 37  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 of legislation. Just make sure it's doing what we want it to do. Thank you."

"Okay."

"I announced that Representative Jefferson was the last speaker. Representative Pat Verschoore to close."

"Thank you very much, Mr. Speaker and thank you Representative Jefferson. We will work on this in the Senate, I give you my word on that. And we will work on this and get the language in there, it'll be satisfactory to that… that affect. And again; I want to tell everybody, this does not raise the price of construction in the State of Illinois. We are… the state… everybody that bids on a job in the State of Illinois right now is subject to prevailing wage, which means they pay the prevailing wage and the prevailing benefits. So, if they have to pay that, it shouldn't make any… the job any higher. So, I just ask for an 'aye' vote. Thank you very much."

"Ladies and Gentlemen, there's been a request for a verification by Representative Eddy. So, please, Members, vote your own switch. The question is, 'Should House Bill 2987 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, Flowers, May. Arroyo. Mr. Clerk, take the record. 69 'yeas', 49 'nays'. Representative Eddy, do you wish to pursue your verification? He does not. Take the record, Mr. Clerk. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Ford, thank you for your patience. I know 09700050.doc 38  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 you have a point of personal privilege, appreciate your indulgence."

"Thank you, Mr. Speaker and Members of the House. I would like for the Members of this House to recognize a great man. We all say it takes a village to raise a child and I think that the man that I want to recognize is… he's from my area, from my district. His name is Larry Williams and he's been very instrumental in my life. He's right in the gallery there. He's with the SFAA Pack, but I think he's a great man and I think we should all give Larry Williams a round of applause. Thank you. Thank you, Larry Williams."

"Larry, welcome to your Capitol. Proud to have you here in Springfield. Mr. Clerk, on the Order of House Bills-Second Order, on page 4 of the Calendar, is House Bill 2934. What's the status on that Bill, Mr. Clerk?"

"So, Representative Feigenholtz, we have Floor Amendment #1. What is your pleasure with Floor Amendment #1?"

"Take… I'd like that Amendment, I believe, tabled."

"Choose to withdraw that Amendment?"

"Yes."

"We'll withdraw Amendment #1. Anything further, Mr. Clerk?"

"Representative Feigenholtz on Floor Amendment #4."

"Ladies and Gentlemen of the House, Floor Amendment #4 to House Bill 2934 is a committee effort of the House Appropriations-Human Services Committee. What it does is it allows us to take advantage of the enhanced match that the State of Illinois will be getting until June 30 by transferring some money to the Federal Government and getting 90 million extra back, which we sorely need to pay our bills. And I'd appreciate your support."

"Representative Eddy, question on the Amendment?"

Speaker Lyons: "Want to let it go on Third Reading, Representative?"

"Thank you. No one seeking further discussion on Floor Amendment #4, all those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #4 is adopted. Anything further, Mr. Clerk?"

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

"Representative Feigenholtz on House Bill 2934."

"Again, Ladies and Gentlemen, House Bill 2934 is an effort for us to recoup some extra federal dollars, which we of course need desperately so that we can meet the 09700050.doc 40  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 health care needs of the people in this state and do what we've been hoping and trying and promising, which is pay our bills. I'd be glad to answer any questions."

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

"Sponsor yields."

"Correct."

"With interest."

"That is correct."

"The Chair recognizes the Gentleman from Cook, Representative David Harris." 09700050.doc 41  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 Harris, D.: "Thank you, Mr. Speaker. A question of the Sponsor?"

"She awaits your question, Sir." Harris, D.: "I don't have my analysis. Which funds are being used?"

"GOBRI and the Water Revolving Fund, but only for one month." Harris, D.: "And I say, again, the first one?"

"GOBRI." Harris, D.: "Thank you. Thank you, Mr. Speaker."

"Representative Feigenholtz to close."

"Ladies and Gentlemen, this Bill will put 100 million more dollars-ish into the coffers so that we can try and dig ourselves out and pay our bills. Our committee has been working night and day to see something like this happen. So, we would all appreciate your 'aye' vote."

"The question is, 'Should House Bill 2934 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? Dugan. Pat Verschoore. Mr. Clerk, take the record. On this Bill, there's 118 Members voting 'yes'; 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Norine Hammond, for what purpose do you seek recognition, Ma'am?"

"Please proceed, Representative."

Speaker Lyons: "Welcome to your Capitol, Western Illinois. Proud to have you down here. Representative Lisa Dugan on a Motion."

"Thank you, Speaker. Pursuant to Rule 65, having voted on the prevailing side, I move to reconsider the vote by which House Bill 94 failed."

"The Lady's made a Motion to reconsider House Bill 94. Representative Eddy."

"The Gentleman's made a Motion for 'no' votes. Representative Dugan moves the Motion for 'yes' votes. So, the question is, 'Shall the Motion pass?' All those in favor of the Motion to reconsider 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 Burns, Davis, Dunkin. Will Davis, Dunkin, would you like to be recorded? Mr. Dunkin. Mr. Clerk, take the record. 59 Members vote 'yes', 59 Members voted 'no'. The Motion fails. Representative Jim Sacia."

"Please proceed, Representative." 09700050.doc 43  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Welcome to your Capitol, enjoy your day. Good to see you down here. Representative Ford, for what purpose do you seek recognition, Sir? LaShawn."

"Something happened that would… with House Bill 94. Can we do that again? I… I need to… we need to because something happened with the switches. So, I don't know because I'm not the parliamentarian. What should I do now? I have a lot of people that's interested in voting for that Bill and that did not reflect it."

Speaker Lyons: "Staff will take that request under consideration and discuss it with you."

"Thank you."

"Ladies and Gentlemen, the bottom of page 4, under House Bills-Third Reading, Representative Dan Beiser, you have House Bill 1041. Representative Beiser. What's the status of that Bill, Mr. Clerk?"

"Read the Bill, Mr. Clerk."

"Representative Beiser." 09700050.doc 44  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Thank you, Mr. Speaker, Members of the House. House Bill 1041 defines federal construction projects. And basically what we're doing is bringing the prevailing wage into the Davis Bacon Act compliance uniform throughout the state. Currently the CDB does use the Prevailing Wage Act when there is some federal and local and state projects involved. Other agencies within the state do not and we're attempting to create a uniform standard here with this Bill. I'd be happy to answer any questions."

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

"Sponsor yields."

"Yes."

"That's the difference Davis Bacon and prevailing wage."

"Yes. The ability to schedule your workers is not hampered by this." 09700050.doc 45  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Again, Roger, if you're at the… you're at the very end of a construction project that has a time sensitive dead line, I would grant that that would be the case where you would have to work probably in a shortened week. If you only had 2 days out of the week to work, yes, there would be an instance where you would have to pay overtime in that instance. However, in a normal workweek, depending on if it's 40 hours a week, there is no overtime. If there's 48 hours a week depending on whether you use Davis Bacon or Prevailing Wage there would only be 8 hours if they schedule them appropriately. Sixty hour workweek, same thing. Twenty hours of overtime between Davis Bacon and Illinois Prevailing Wage if you've scheduled appropriately. So, I don't believe we're tying the hands of the contractors unless, again, you're at the very end of a time sensitive contract. It will…"

"They… no, they have not contacted me about it. And why is because we're bringing uniformity where you got CDB doing it and you have other agencies may or may not be doing it."

"I… I will give you that if it's at the tail end of a… of a shortened workweek with a time… with a deadline looming, yes, but otherwise if it's an normal workweek where the contractor has a… the ability to schedule their workers according to their wishes, I don't think it would."

"Representative Verschoore."

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

"Sponsor yields."

"Representative, I understand that the weatherization payroll costs for Illinois Community Action Agencies have severally be impacted their availability to install weatherization items for low-income families, citizens across Illinois. Would you be willing to work with the Senate Sponsor to exempt Community Action Agency Weatherization Programs from your Bill?"

"Thank you, Representative Verschoore. Yeah, it was not my intention to disrupt this weatherization program for low-income citizens. Therefore, I… I would be willing to work with the Senate Sponsor for this Bill to exempt the 09700050.doc 48  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 Illinois Communities Action Agencies from these provisions of the House Bill 1041."

"Thank you very much."

"Representative Beiser to close."

"Yeah. I… I would suggest, again, that this is a way to… to bring uniformity to our… the way when we award state, local contracts to bring the state… all the agencies doing the correct thing and doing it through the prevailing wage which we've adopted in the State of Illinois. I will allude to an Economic Policy Institute study that says that construction costs in states with prevailing wage laws versus states that do not have them, the costs were lower in states with prevailing wage laws than those without. I would also cite that same study that said states with prevailing wage laws had higher productivity than those without. And I also would suggest and for the safety of our men and women on the job, it shows that for those that have prevailing wage laws that they're… the construction fatality rates are 25 percent lower in these states that have prevailing wage laws. For all these reasons, I would ask that you have an 'aye' vote on this Bill. Thank you."

"Question is, 'Should House Bill 1041 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? Beaubien, Brauer. Mr. Clerk, take the record. On this Bill, there are 65 Members voting 'yes', 52 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby 09700050.doc 49  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 declared passed. Representative Acevedo for the purpose of an announcement."

"Mr. Speaker, I rise on a point of personal privilege."

"Please proceed, Ed."

"Ladies and Gentlemen of the House, earlier this afternoon we had a ceremony outside honoring fallen police officers. I got to tell you, I encourage all of you to come next year because it's… it's such a touching ceremony to honor those who have paid the ultimate price, men and women. But there was a sister of a Riverdale police officer that told a very compelling story as she described, she introduces as her fallen brother and she talked about how we will never feel the pain. No, we can never feel the pain and I hope no one ever has to feel their pain again. But we always have to remember that no matter what, whether you're wearing a uniform, men and women, you're still part of our family. Every one of them, every family member of a police officer are part of our family and we will never forget those families who… family members have paid the ultimate price. We owe them a gratitude of thanks and we want to wish them the best and we want them to know that we are here for them. And up… up here in the gallery, we have former president of FOP and other police officials up in the gallery. Thank you for all you and do and to the brave men and women of the police department. And Speaker, at this time, if we can have a moment of silence for all the fallen police officers. Thank you, Mr. Speaker." 09700050.doc 50  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"May they rest in peace. Mr. Clerk, on the top of page 4, under House Bills-Second Reading, is House Bill 2107. What's the status on that Bill?"

"Third Reading, and read the Bill, Mr. Clerk. Out of the record. Mr. Clerk, what's the status of House Bill 148?"

"Put that Bill back to the Order of Second Reading for the purpose of an Amendment. What's the status on the Bill, Mr. Clerk?"

"Representative Phelps on Floor Amendment #2."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. What I'd like to do is, Amendment #2 becomes the Bill. I'd like to adopt 2 and 3 if I could and debate the Bill on the floor."

"Gentleman makes a Motion to adopt… we'll do it in two separate Motions, Representative. All those in favor of the adoption of Floor Amendment #2 signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, 09700050.doc 51  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 the 'ayes' have it. And Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"

"Representative Phelps makes a Motion to adopt Floor Amendment #3. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #3 is adopted. Anything further, Mr. Clerk?"

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

"The Chair recognizes the Gentleman from Saline, Representative Brandon Phelps."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I don't think this Bill needs any introduction. House Bill 148, the Family Protection Act for concealed carry. We all know this is an emotional issue and right now once this passes everybody thinks that this is going to turn into the wild west and everybody's going to get a gun and on… so on and so on. Folks, 49 other states have some type of permit to carry process. And how can they be wrong? It has not been the wild west there. And we can go out and act like it's Halloween every day and try to spook everybody, but you cannot contest that everywhere that this has been allowed to be law crime has gone down considerably. I want to thank all the groups that was willing to sit down with us. We worked with every group that wanted to, to make this probably one of the best Bills 09700050.doc 52  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 we've ever had on the concealed carry. So, with that, I know there's going to be a lot of questions, but a lot of people are going to say take guns off the streets. Ladies and Gentlemen, there's guns on the streets right now, but it's guns that the bad guys have and law-abiding gun owners, law-abiding citizens have no protection, and we are at the criminal's mercy. What in the world is wrong with us to be able to defend ourselves and our families? Just in that split second if there was a confrontation. I think there's a lot of people that's going to vote on this that may vote 'no' that knows this is the right thing to do. I ask for an 'aye' vote."

"Okay. We'll put the timer on the Motion of 3 minutes and if you need an extra minute, we'll certainly let you extend your point. So, Representative Stephens, you're the first person to speak to the issue."

"Sponsor yields."

"Absolutely. Everybody that wanted to meet, there was only two groups that did not want to meet. And we asked them repeatedly to sit down and negotiate this… this out."

"Cook County and the City of Chicago."

"Yes. And I think we accommodated everybody. You know, it's hard to accommodate everybody, but yes, about… probably 95 percent."

"Absolutely."

"I absolutely met him many times."

"Just to… absolutely. He actually sued the City of Chicago so he could keep a handgun in his house for his protection of himself and his family."

"Yes."

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

"Representative Bradley for 3 minutes."

"Sponsor yield?" 09700050.doc 55  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Sponsor yields."

"Representative Phelps, we've known each other a long time and do you know of any piece of legislation that there is more widespread support for in southern Illinois than this?"

"Never. In the 9 years I've been here, Representative Bradley, and I think you can attest to that, no."

"And you have taken extreme precautions to make sure that the safety of the people of the State of Illinois is increased by these measures?"

"Absolutely."

"And you have made a significant negotiations and significant efforts to try to deal with criticisms, legitimate criticisms at times, illegitimate criticisms at times, regarding the opponents to this Bill?"

"Everybody that had an issue, we worked it out with them."

"I've known you my whole life and I'm proud of what you're doing here and I commend you for what you're doing and what you're doing for the people of the State of Illinois and the people of the region that we represent. I want to say thank you on behalf of the people of the 117th District for what you're doing here today, Brandon."

"Thank you, John."

"To the Bill. Significant piece of legislation, not only for the people of southern Illinois but for the people of the entire State of Illinois. With this piece of legislation we can get in line with the 48 other states and 49 to come with regards to how we handle gun laws in the 09700050.doc 56  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 State of Illinois. We have evidence throughout the country that when we pass these laws that the crime rates go down, that people's lives and home are protected. We have the opportunity to allow law-abiding citizens to protect their families, their friends, their homes, their communities. It's a significant piece of legislation; it's not reckless. It's not indifferent to the concerns of the people of the State of Illinois. It's not something that's extreme or an outlier. This state's current policy is an extreme; it's an outlier. It's beyond the realm of the rest of the states of the United States of America. The time has come. The time has come for concealed carry in Illinois. The time has come for concealed carry. Today is the day. Today is the day that the House of Representatives makes a stand and say we're standing up for the second Amendment. We're standing up for the entire Constitution. We're standing up for the people for the State of Illinois. We're standing up for the United States Constitution. We're going to pass concealed carry and we're going to give the people of the State of Illinois the same right that the rest of the people of the United States of America have and the other 48 states that have this. Please help us in passing concealed carry and giving the rights of the second Amendment to the people of the State of Illinois once and for all."

"Representative Acevedo."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill. With all due respect and I have the utmost respect for Representative Phillips… Phelps, Bradley and Stephens who have just spoken. But Illinois residents 09700050.doc 57  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 will be allowed to carry concealed handguns in public including… including: public sidewalks, parks and playgrounds, public transportation, beaches, shopping malls, restaurants, office building, workplaces, et cetera. As a Chicago police officer with experience protecting public safety on our streets, I have firsthand knowledge of how dangerous it'll be to allow people to carry loaded handguns. Despite what the NRA and gun advocates might say, there is no compelling evidence to show that more guns make people safer. In fact, most of the evidence nationwide and in our state shows just the opposite. There are more guns… where there are more guns, there is more injuries, there's more death and there is more gun violence. More guns doesn't… does not mean less violence. As we honor our fallen law enforcement officers today, please don't forget 11 police officers have been shot and killed across the… across the county by concealed carry permit holders. Make no mistake about it, this Bill will not make the work of our police officers… it will make the work for our police officers much harder. Right now, if a police officer sees a person with a gun on the street they know immediately that that gun is illegal, but if this Bill becomes law, anyone will be carrying a gun on the street and rather than moving swiftly to protect themselves and us the officer who spots the gun will have to delay. That delay will make a big difference and that difference can be fatal to that officer. The consequences are enormous. Is the person with the gun someone who intends to cause harm or death or is the person a law-abiding citizen who happens to be carrying 09700050.doc 58  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 a gun? At that point, the best course of action for police officer is no longer clear. Carrying a concealed handgun won't make us safer and will not scare off anyone intent on committing the crime. Just this past summer, Chicago police officer Michael Bailey, a 30-year veteran of the department with top notch credentials, was in full uniform… in full uniform when he was shot and killed in front of his home. Let me repeat that, he was in full uniform with a silver revolver on the side out in the open for the world to see. Mentally disabled people who will also have a much easier time getting their hands on guns. We have already heard stories about how our background checks in Illinois is not equipped to screen out every mentally ill person who should not have a gun. But to make matters worse, mentally ill persons will have greater opportunity to wrestle guns from people on the street who are exercising their so-called right to carry. Let us remember the case of Chicago police officer, Thor Soderberg 11-year veteran of the department, who's job was to train police officers in the use of guns. Officer Soderberg…"

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

"…standing at a truck by his vehicle in the parking lot of a local police facility when a mentally ill person approached him, wrestled his gun from the holster and used it to shoot him. This officer was in top shape; he was a veteran of the Operation Desert Storm and a tri-athlete. A similar incident occurred. Police officer Richard Francis, a 27-year veteran of the force, he was in uniform when he was attacked by a mentally ill woman who wanted his gun. 09700050.doc 59  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 She managed to get it away. Again, as a police officer, I can tell you firsthand experience more guns on our street is no answer. We lost 5 Chicago police officers last year to gun violence. Five brave officers who trained and experienced and armed. More opportunities for gun use by these people who shouldn't have them is not the answer. Fewer guns means less violence, less injury and less death. It's as simple as that. I urge a 'no' vote."

"Representative Ed Sullivan. Three minutes, Ed."

"Sponsor yields."

"A hundred dollars for a new permit, 25 of that goes to the sheriff on their end and 75 goes to the State Police."

"Just a projection, a guestimate of what they came up with as many as 100 thousand people the first part of next year and another 325 thousand after that."

"Forty million dollars in two and a half years."

"Yes. More than enough."

"It goes into a special fund created by the State Police to administer this Act and I think 25 million or 40 million makes the Act not just revenue neutral, but a revenue generator. And at this point in time in our budget we need every dime we can get."

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

"Sponsor yields." Davis, M.: "Representative, are you aware of how many policemen were lost in Chicago because of concealed weapons?"

"Not to the degree that you do, but this is the first time, Representative Davis, that I've had so many law enforcement groups support this Bill." Davis, M.: "Thank you. To the Bill, Mr. Speaker. I, too, know Mr. McDonald who was mentioned earlier. Mr. McDonald lives in my district. And when this Bill came forward, House Bill 148, I felt truly conflicted until I realized that Chicago lost the lives of 5 police officers in a very short period of time, young men who had dedicated their lives to protecting others. Because someone was carrying a concealed weapon, these men lost their lives. We know that officers are trained professionals, but when a person is walking around with a weapon that's hidden one does not know what to expect. Because of what we already know about gang activity, gang wars, it puts a lot of innocent people in jeopardy when we say that it's okay to carry a concealed weapon. You know, I know some people that would shoot a weapon at the slightest provocation. They won't be 09700050.doc 62  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 concerned with the results of what they do. It'll just be a moment of terror for individuals who perhaps don't know that this person is under duress or feeling guilty about something or someone. Let me conclude, Mr. Speaker and my good friend, the Sponsor of this Bill who I have great respect for as you know, love and respect, Representative. I, too, like the John Wayne movies. I like those movies about the wild west where people… everybody's carrying a weapon and everybody's shooting at each other. We don't live in those days anymore. We're supposed to be a civilized society. And I question… I question the continued massive distribution and manufacturing of weapons for a civilized society. America is no longer the wild, wild west. I urge a 'no' vote."

"Representative Osterman."

"Inquiry of the Chair?"

"State your inquiry."

"To pass this legislation, would this Bill receive a Supermajority of 71 votes?"

Speaker Lyons: "Harry, we'll get back to you. Let the parliamentarian get back to you."

"If so, I'd like to verify that. Will the Sponsor yield?"

"And I was told that, yes, this will require 71 votes."

"I'd like a verification if it does pass. Will the Sponsor yield?"

"A verification… Sponsor yields." 09700050.doc 63  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"A couple of questions, Representative Phelps. The way you portray the negotiations everybody's in agreement with law enforcement. I think that you and I both know that that's not true. The City of Chicago and the Chicago Police Department, the Cook County Sheriff's Office and many others… stand in opposition to this including the State Police of the State of Illinois, whose task it is to administer this program as well. As well as the School Management Alliance, who's got concerns about some of the exemptions for schools and how that would be carried out. I do have a few questions, though, and that is that in here there are a number of exemptions enumerated for government buildings and certain parts of airports. The question I have is, would the General Assembly be one of those? Why aren't we including things like parks and others?"

"Well, Representative, we did. And first off, aren't… aren't you supposed to leave… aren't you leaving? I mean, didn't everybody think that. No, I'm kidding. Hey, I know it's not a kidding matter right now. We… we… we did amusement parks. We did we think… I think and some of the attorneys that I've talked to said that that falls under government bodies. So… and to be honest with you about the Chicago Police, I cannot begin to tell you how many personal phone calls and e-mails I've received from rank and file Chicago policemen that know this is going to help them because they cannot be there in… if there's a confrontation or a crime, they can't be there that quick."

"Okay. There are a whole swath of places that if this passes people are going to be able to carry a loaded 09700050.doc 64  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 firearm: Navy Pier, events, parks, all over the place. And if the intention is for safety, why are we protected here and yet people around the state are not going to be protected? This goes way too far, Representative. And I think that law enforcement, while some of the leadership of these organizations stand in support, as Representative Acevedo had stated the rank and file around our state are very concerned about this legislation. I want to talk about the process, too, with State Police. State Police currently has a backlog with FOID and what we're also adding to this is a separate database for licensees. Under testimony from a committee that we had, the individual in charge of the FOID system stated that…"

"Representative, your 3 minutes expired. We'll give you another minute. Harry. Go ahead, Harry, another minute."

"…John Coffey (sic-Coffman), who's in charge of the FOID system for the state indicated he stays up late at night concerns about the current system and the fact that people with mental illness are not being screened properly and there's a chance that someone could get that. Those are his words. Adding this on to that system that's broken, money can't solve that. If this Bill passes, in 180 days it's supposed to take effect. We are going to add problems to a broken system and we're also going to add problems of potential tragedy like we suffered in northern Illinois and other parts of our state by adding to a broken system. To the Bill. Ladies and Gentlemen, the way the Bill is drafted, the way we administer our FOID program, we are 09700050.doc 65  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 adding gas to the fire of a broken problem and money's not going to solve it right now. It takes time to get it right. State Police believes that. Our campus presidents, who we charge with protecting the children of our state at universities around our state, stand in opposition to this Bill because of the tragedies that could be on campuses. And from a letter that came to us, they talk about overlapping the challenges of young people learning and weapons and the potential tragedies we have. Ladies and Gentlemen of the House, this comes down to a fundamental issue that we have to all, 118 Members, decide. And that is arming our state and having people walking around with loaded firearms, will that make us more safe or less safe? And I, for one, my constituents strongly believe that this will add to injury, to death, to more memorials like we had today outside of our Capitol, for more families losing their innocent children by adding more guns on the street. All of you know where I stand on this and have for many years, but I want to add some words into this chamber from people that are not here. Mary K. Mace, who's the mother of Ryanne Mace who was killed in Northern, Illinois, says, gets offended when she has people say that if my daughter only had a gun. It's crazy to me that we would have everyone walking around with a concealed weapon. And Jennifer London, who's the wife of Officer Thor Soderberg, a trained officer who taught people how… officers how to carry a firearm, said, If you have a concealed gun, you have to be ready to take someone's life. It's something I think is wrong and I stand against it. I ask all of us 09700050.doc 66  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 today to think about the safety of our state and stand with the victims of violence and law enforcement and reject this measure today."

"Representative Mike Bost, 3 minutes."

Speaker Lyons: "Representative, your three minutes expired. We'll give you another minute to finish your thoughts."

"Representative Dan Beiser, 3 minutes."

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

"Sponsor yields."

"Representative Phelps, I know in the 7 years I've been here I've been a proponent of this type of legislation and following your lead and others leads like Representative Bradley and those, Representative Bost, but I know you've spoke in the past and this Bill gives the ability to have a concealed carry permit. But I think you feel strongly that it's a right that's already there and we're just basically validating that. Is that correct?"

"Absolutely. We… it says in the Constitution. We have two Supreme Court cases in our favor, Representative Beiser and we are not allowing the rights to our law-abiding gun owners."

"Another point, and many of the people that oppose this type of legislation talk about 'what if' scenarios and… and I have the utmost respect for all of the people that… that don't share our views. Are you aware of… of… of any instance in a state that has concealed carry where someone might have cut somebody off in a parking lot or brushed somebody on the sidewalk and a legally concealed carry permit person committed a crime?" 09700050.doc 69  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"I… I do not."

"And that's just my point, I don't think those… I think that's… tends to be an overreaction. To the Bill. The implication that everyone will have a concealed carry permit and there will be guns almost 100 percent throughout the State of Illinois is just not accurate. Not everyone will take application for concealed carry permit, we know that. Those that do will be law-abiding citizens, will be vetted as to their criminal background if they have one and they won't get one. They'll be vetted as far as their physiological standing. And they will be going through strict training. And they will get a permit should they qualify for all the standards set forth in this Bill. And to imply otherwise that everyone would have a gun and that gun violence would go up, I think is doing a disservice to those men and women that choose… that would choose to take out a permit and go through this intense training. And for those that suggest, again, that this would increase violence or that it would fear… their safety would be put in harm's way, I would just ask this question. When you've traveled to other states in this country that… all 48 other states and I've asked myself this question, the minute you cross that border, did you fear for your safety? And I would venture a guess that almost everyone to the men and women in this Body would have to honestly say, when I boarded that plane and crossed that border or when I got in my car and crossed that border I did not fear for my safety. I ask for an 'aye' vote. Thank you." 09700050.doc 70  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

Speaker Lyons: "Representative Jim Sacia, 3 minutes, Representative."

"Sponsor yields."

"Yes, we did Representative Sacia, numerous times. Negotiated with the Chiefs of Police, Illinois Sheriffs' Association, Chicago Sergeants."

"Absolutely. With the negotiations that we made, everyone of their concerns that we brought to light."

"One hundred and one sheriffs out of 102 support this Bill, Representative."

"Absolutely. And we believe that their bosses had a lot to do with that."

"I think they always will. Yes, because of what the mayor has said and… but I cannot tell you how many, again, rank and file Chicago police are hoping this passes today."

"Absolutely. For the first time, the FOP is not opposing this measure."

"They do."

"Representative Sacia, your time has expired. Please conclude your remarks."

"Representative Eddy, three minutes, Roger."

"Sponsor yields."

"Yes. Correct, Representative Eddy. And I appreciate you bringing this us because the Management Alliance is not against this Bill. Because they know what you and I are doing right now with legislative intent and we're going to make it better for them exactly the way they want it." 09700050.doc 74  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Their own decision, yes. Absolutely."

"Absolutely."

"Right."

"In Illinois or any state, Representative Eddy."

"Correct."

"Yes."

"And they're going to continue to carry and we're going to be more at their mercy every day."

"To protect ourselves and our families, correct."

"Representative, your 3 minutes have expired. We'll give you another minute."

"And… and Representative Eddy let me say this, and I want to hold this up for everybody 'cause I know everybody wants to talk about mental health. Under this Bill, this gentleman right here with this propaganda would not be able to get a concealed carry permit in the State of Illinois Because he had known run ins with local sheriffs and the sheriffs are the ones who are going to decide who gets a permit or not."

"One of the only few people in Cook County and the City of Chicago is the aldermen can carry."

"Not their own constituents that they represent, exactly."

"Thank you, Representative Eddy."

"Representative Ann Williams, 3 minutes."

"Thank you, Mr. Speaker. To the Bill. So far we've been discussing the merits of the concealed carry legislation, but I think there's a fundamental question we need to answer before we even get to that discussion, no one's really asked it. And the question is, Is Illinois prepared today to safely implement this Bill? Representative Osterman held a hearing about two weeks ago to answer this question and the answer was a resounding no. And that is not me saying that, that is the Illinois State Police. The Illinois State Police basically informed us on the record that the FOID database is fundamentally flawed and lacks the requisite reliability, speed and flexibility 09700050.doc 77  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 to be effective. Let me share some quotes with you for the many of you that were unable to be at that hearing. These are direct quotes from the State Police, which related to the reliability of the system that we currently use to process applicants for FOID cards and the same system that would be used to process the huge number of applicants that would presumably apply for a permit if this legislation were to pass. The State Police called the gaps in mental health reporting, 'a ticking time bomb.' The State Police has said that gaps in mental health reporting present a significant public safety issue. They also said, 'individuals prohibited from purchasing a firearm in Illinois due to mental health or other conditions could readily obtain a firearm' and that 'a replacement of the FOID card system was drastically needed.' When you hear quotes like being a ticking time bomb, in need of drastic change, that really has to give you pause as to whether we are ready to implement this system in Illinois. A 2009 State Police sponsored report estimated that it would take 24 months to update the current reporting system and that's just to be able to handle the current applicants. If House Bill 148 is passed the State Police estimates that 325 thousand people, approximately, would apply for concealed carry permits. There's no way, they indicated to us, the system would be able to safely handle that number of applicants. While I… and to the merits of the Bill, while I respect the Sponsor and the many proponents, I simply disagree that more guns do make us safer. I know a lot of law enforcement officers that have shared that with me as 09700050.doc 78  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 well. Let's think for a second about what we're really talking about. We keep calling it concealed carry, like it's a purse or something, but the reality is we're talking about the concealed carry of loaded guns. That means carrying loaded guns… carrying loaded guns on trains, public transportation facilities…"

"Representative, your 3 minutes have expired. We'll give you a minute to finish your thoughts."

"…CTA stops, public restrooms, many government buildings, restaurants, playgrounds, malls, hospitals, grocery stores, the Starbucks, beaches, gyms. Again, loaded concealed guns. Pharmacies, parking lots, cafes, banks, gas station, roller rinks, arcades, bowling alleys. Most public places. My favorite, the most troubling to me and to many of my constituents, street fairs. If you ever come up to the 11th District this summer most every weekend you can find yourself at a street fair where hundreds of people are enjoying time together with their families, children and enjoying alcoholic beverages as well at times. If this Bill were to pass, they would be able to carry concealed loaded guns in these places. I don't understand how this Bill makes us safer. I've talked to survivors of Virginia Tech; they have worked against this Bill. They are confident that it would not make us safer and having concealed car… loaded weapons would not have made… would have avoided the tragedy at Virginia Tech. Concealed carry was in place during the tragedy in Arizona. It didn't make the tragedy not occur. It doesn't make sense how more guns make us safer. We haven't answered the fundamental questions that we are 09700050.doc 79  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 prepared to handle the influx of applicants and I would therefore urge a 'no' vote."

"Representative Marlow Colvin."

"Thank you, Mr. Speaker. To the Bill. First of all, I… I sincerely would like to congratulate the Sponsor of this Bill. As a lawmaker and a public policy maker, it is encouraging to see someone put so much hard work and effort into something they so strongly believe in. And for that you can't help but to be impressed from where he's gone in January to this day here on the 5th of May in 2011. But what gives me pause this afternoon is the last 10 Sessions here in Springfield where I have sat and literally kind of watched a play unfold year after year after year and literally all of us who have been here for at least one year could give testimony to the actors in this play. Every year advocates from the City of Chicago, Cook County and places like come to Springfield and work with Representatives Acevedo and Burns and Osterman and my former seatmate who made this issue commonsense gun control initiatives in their attempt to pass those Bills every year only to be rebuffed by arguments dealing with the doctrine of one size fits all. And it is ironic that here today that while we consider a Bill that in effect is a policy that creates a one size fits all without ever really acknowledging the real dichotomy or differences of the communities we come from. Chicago, I would bear to guess, is a lot different from the places Representative Phelps and Beiser and Bradley and Unes and others who are Sponsors of this Bill. It's no secret that Chicago has struggled 09700050.doc 80  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 with gun violence for many years. And all of us come here with, at least I like to think, with a real notion to do something about it. I think the first place you have to look is how guns are distributed, how they are kept safe, if they get lost that they would be reported to the police, that maybe we limit how many guns people can buy in a month. All of these have been parts of legislative proposals where we were told that they didn't fit where I come from. Well, I can tell you how a proliferation of guns of this level, of this magnitude does not pass that one size fits all doctrine that we often talk about here in Springfield as it relates to policy that impacts every man, woman and child in the State of Illinois. This clearly is a public safety issue. Can you imagine on our city's lakefront on July 3rd, where more than a million people gather for a fireworks celebration and imagine this Bill being policy of the State of Illinois. And a modest number of people, just maybe 10 percent of those people have…"

"Representative, your 3 minutes expired. Please conclude your remarks."

"…where, just maybe 10 percent of those people had guns. More than 100 thousand people on Chicago's lakefront at a time of celebration carrying a loaded handgun. Now, I know the Bill provides that if you're intoxicated that you don't… you don't take your gun with you, but nobody just leaves home in their automobile and gets caught drunk driving with the intention of getting drunk while they're driving their car. But if you go down to the fireworks show, where my family and I have been for many years, 09700050.doc 81  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 there's an awful lot of intoxication on that lakefront. Talk about powder keg. Chicago is far different from the rest of the state. One size fits all does not fit this doctrine. Now, I… there was a lot of talk about police officer organizations endorsing this Bill. Well, I have letters in my office right now from the Chicago Police Department, from its superintendent, from our mayor and our mayor-elect, our County Board President and our state's attorney all opposed to this. These are the people who are charged with the responsibility of dealing with all of the public policies and the fallout by so much gun violence. Should their… should their names, should their words, should their letters, should their remarks fall on deaf ears to say, no, this is still going to be good for Chicago, to give everyone the right to own a handgun. I think not. I think not. I don't think they should be ignored anymore than those people who feel like this is good policy. I've listened to your arguments and I respectfully disagree with them. We talked about the train…"

"Representative, Representative, please one more minute and that's it."

"So in closing, as we talked about training and the 200 hours I believe is in this Bill that will give you the ability to shoot straight, well police officers have to go through training, too, but that training which lasts for months deal with more than not just being able to use the power of deadly force, but also deals with situations that may lead up to it and how you defuse it. By giving everyone 09700050.doc 82  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 guns and allowing some modest amount of training is not going to deal with the crime problem or the gun problem and the gun violence problem that we face in Chicago. We'll continue to work on these issues, Representative Phelps. Again, I applaud your hard work on this effort, but Chicago nor the State of Illinois is ready for conceal and carry."

"Representative Unes. Three minutes, Michael."

"Sponsor yields."

"Yes, Representative and let me speak first by saying, thank you for all your hard work on this issue, for your people. And I… I do have a few… some data that's not… there's not real new data, but 23 states that have adopted the right to carry law, violent crime has gone down 38 percent, murder has declined 43 percent and those are just a few numbers. And since 2007, when I think it was the last data that was available, violent crime went down 24 percent, murder 28 percent, robbery 50 percent and aggravated assault 11 percent."

"Representative, right there are 48 states in this country with one on the way, Wisconsin. Wisconsin, if you read yesterday, that they are one step closer to getting this and the Governor said that he would sign it."

"Permit holders are more law-abiding than the rest of the public. For example, in Florida, Representative, the state that has issued the most carry permits has revoked only 0.01 percent of the undo to gun crimes by permit holders."

"Well, the information we got, Representative, on that from the Violence Policy Center, a group who supported both the Washington, D.C. and Chicago handgun ban, has claimed that over 300 people were killed by people with a permit and we heard some of that today with some of the other State Reps, but in order to fabricate that number they include a person who didn't shoot anyone but because it took place in his home they blame him. So, these are fabricated numbers that we don't believe in."

"Correct. As we can tell, Representative, there are about 6 million people with carry permits in this country. If you take that number that the opponents used, and I don't agree with those numbers, that would equal .00005 09700050.doc 84  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 percent of the people with a carry permit. Half of 1 million other…"

"Representative, your time has expired. We'll give you another minute…" Unes: Thank you."

"…to please conclude your remarks."

"I have 6 speakers left and I'm cutting off debate for anybody who goes beyond that. So, we have Reis, Harris, Nekritz, Burns, Mitchell, Reitz and then Brandon to close. Representative Bill Mitchell." Mitchell, B.: "Thank you, Mr. Speaker. I have an inquiry of the Chair."

"State your inquiry, Sir." Mitchell, B.: "Just curious as how does the Chair say that this requires 71 votes? I know there's a practical reason for 09700050.doc 85  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 it, but at least a legal reason I'm curious as how you'd arrive at that figure?"

Speaker Lyons: "Representative, as you know, those determinations are made by the parliamentarian. And the parliamentarian has ruled that and actually has written copies of that available for you if you'd like to see his… his decision…" Mitchell, B.: "I would like it as…"

"…to make it 71 votes." Mitchell, B.: "I beg your pardon? Could you repeat that, Sir?"

"Pardon me?" Mitchell, B.: "Would you repeat what you just said? I'm sorry."

"I said, the parliamentarian obviously makes the decision on which Bills have to have a requirement of 71 votes. So, that's made by the legal arm of the Chair." Mitchell, B.: "And I… and I understand that. But, I would like a… a reasoning why the parliamentarian made that decision."

"There is… there has been… we have a written determination on that, Representative. We'll be happy to give you a copy of it." Mitchell, B.: "I would… would appreciate it. And… and I would like the Chair to state that publicly for the people in the gallery."

"Repeat that, Representative?" Mitchell, B.: "I would like a… a… publ… I would like the Chair to… to give a public reasoning why this Bill requires 71 votes from the parliamentarian for the people in the gallery." 09700050.doc 86  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Well, we're going to get back to you on that, Representative, before we take the vote." Mitchell, B.: "Okay. And I appreciate that and I… and again, to the Bill. I… I certainly understand the practical reasons why this Bill because of the Governor Quinn's announcement the other day that he intends to veto this, but at least from a legal standpoint of why the Chair would possibly say this requires 71 votes, I… I protest. I possibly, I haven't read the written determination, but if the Chair says that because of Home Rule, I did not know since McDonald decision came down that the General Assembly or Home Rule units of government could determine what Supreme Court decisions you wish to follow and what Supreme Court decisions you do not. I certainly don’t agree with Roe v. Wade, but I don't think that this Body or Home Rule units of government could enact ordinances in opposition to that. This is the… since last year the Constitution… the Supreme Court said that the Second Amendment is applicable to individuals. So, how a Home Rule unit of government could possibly say otherwise is beyond me. So, I would like the Chair to at least publicly announce for the folks in the gallery how you can determine that it requires 71 votes. I… I have a strong protest against this."

Speaker Lyons: "Representative Will Burns. Three minutes, Representative."

"Thank you, Speaker. To the Bill. For the time that I've been here in Springfield I've worked with others to advance what I thought is sensible gun control legislation that recognizes the rights, the constitutional rights, that gun 09700050.doc 87  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 owners have, but I will also protect our streets. I rise in strong opposition to this Bill because it will not make our streets safer. Contrary to what other speakers have mentioned, the National Academy of Sciences has found that Dr. John Lott's study on the relationship between concealed carry laws and safe streets was flawed and that in many instances of killings, concealed carry permit holders have been involved. Eighteen mass shootings were committed by concealed carry permit holders, 25 murder suicides and 11 law enforcement officers were shot and killed by concealed carry weapon permit holders. More importantly, U.S. News & World Report earlier this year listed the city… the most dangerous cities in the United States and those cities are in states that have concealed carried laws. I stand up, again, on this issue because I am a victim of gun violence. I was carjacked at the age of 17 in Cleveland, Ohio. A couple years later as a student at the University of Chicago I was held up at gunpoint late at night coming back to my dormitory from studying for an exam. And in neither one of those cases would having a gun on my person made me safer. I was shaking with fear, concern for my life and who knows, with a gun on my person the person who robbed me in both those instances may have shot and killed me instead of letting me go. We are all concerned about reducing crime and making our streets safer. We have to invest in early childhood education, we have to invest in programs that provide at risk parents with the skills and abilities to take care of their children. We have to make sure that we create jobs and meaningful economic opportunities 09700050.doc 88  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 throughout the state. But allowing people to carry guns is not the way to make our streets safer. For those reasons, I ask for your 'no' vote."

Speaker Lyons: "Representative Nekritz, three minutes. Representative Elaine Nekritz, is she on the floor? Representative Nekritz."

"Thank you, Mr. Speaker. To the Bill. I would just like to clarify the legal landscape that results from some of this recent Supreme Court cases; it's come up several times during the debate and I feel like there's been some mischaracterizations of that. In the Supreme Court in both the Heller case and it was directly reiterated in the McDonald case, indicated that the right to keep and bear arms is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. The court also said that a wide variety of gun laws are… are still under the… under the Heller and… and McDonald cases still constitutionally permissible. So, there's nothing about those Supreme Court cases that requires Illinois to make this change, that urges Illinois to make this change, that mandates Illinois to make this change or even suggest that Illinois make this change. So, I… there… I just wanted to make sure that… that the Body was familiar with that because I think, again, this has been some mischaracterizations of that. And I would urge a 'no' vote."

"Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. And you have been very tolerant in letting everyone speak. I know we're not going 09700050.doc 89  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 to change any minds here, but just to make some points. A question of the Sponsor."

"Sponsor awaits your questions." Harris, D.: "Let me just verify, Representative, you have to have a FOID card to get a permit, correct?"

"Correct." Harris, D.: "How many murders were there in the City of Chicago last year?"

"Not being from there, Representative, I… I probably couldn't tell you, but you probably can." Harris, D.: "Well, let… let me answer that for you. I believe the figure was around 480. And I attended that… that ceremony today for the police officers… the fallen police officers in this state and the fact that we have had… have had officers killed and the… the inference that passing this Bill is going to make it more dangerous for them, I think that's incorrect. The murders in the City of Chicago are not perpetrated by people who have FOID cards, they're perpetrated by the gangs and the others that violate the laws not the people that follow the laws. The Chicago Tribune this morning said that concealed carry probably neither increases nor decreases violence. And my guess is, that's probably true. But if cities and states like New York with New York City, California with Los Angeles, Florida with Miami, if they can do it and you don't have a wild west mentality in those major metropolitan areas, what's going to make Chicago any different? We're just as… as civilized as they are. Now, this is not just a downstate issue. I'm a suburban Cook County guy. My district is in 09700050.doc 90  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 suburban Cook County and I have to tell you that for the past probably 23 years, ever since the Laurie Dann shooting in… in Winnetka, the gun issue has been sort of touchy in the suburbs. But I was absolutely amazed when I walked around my district how many people asked me, what's your position on concealed carry? And the amazing part was, was they were all in support, 93-94 percent of them were in support. So, I think this is reasonable. The Representative has done an outstanding job in trying to accommodate objections. And I would certainly urge an 'aye' vote."

"Representative David Reis. David Reis. Danny, you're next and then David, you're up. Dave. David Reis."

"Sponsor yields."

"Correct."

"Actually, it's… some is one time, but some of the police groups wanted requalification back on some of the shooting and we allowed that to be in, Representative."

"Absolutely."

"No felonies in Illinois or any other state."

"Representative Danny Reitz, you're the last speaker. For those of you have lit the lamp, I announced that there would be 6 final speakers; if you didn't hear that, my regrets. Danny Reitz and then Brandon Phelps to close."

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

"Sponsor yields."

"There was a question earlier regarding guns and restaurants and other private places, does this Bill provide the ability for restaurants and other private businesses to restrict guns in their establishments?"

"Absolutely. The retail merchants and their manufacturer association wanted that in the Bill, also with the liability and we granted that."

"And… and there's been a number of lawsuits regarding gun cases in Illinois and across the nation. What happens if this Bill does not become law?"

"Well… Mr. Speaker, can we get the noise level down? I want to make one point for… if anybody gets anything today, I want to make this point."

Speaker Lyons: "Ladies and Gentlemen, this is the final questioning of the Sponsor. Could we please get some order."

"'Cause I think… I think today, May 5th, is going to be very… a lot of people are going to remember this day 09700050.doc 93  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 because as what Representative Reitz is asking. The U.S. Supreme Court has made it crystal clear that citizens have a right to own and possess a firearm. Now, there's a lot of people in this chamber that disagrees and opposes what the National Rifle Association says, but when the Supreme Court rules that Illinois cannot have this or it does away with these bans and what the City of Chicago does, there is not going to be any regulations in law of how you're going to be able to do this. That's what this Bill does. Because if God forbid, and when the Supreme Court does this, the NRA is not going to sit down and negotiate any of this that's in this Bill."

"Thank you. To the Bill. I think my seatmate has done an amazing job working with all the interested parties, trying to make this the best Bill possible. I think it's the best concealed carry Bill that we've had and as the previous speaker said, we've had a number of them since we've all been here. This Bill has very stringent requirements before someone can get a license to carry a concealed weapon. I believe it's a constitutional right. I think it's time for us to return that constitutional right back to the citizens of the State of Illinois and it's time to put law-abiding gun owners on a level playing field with the criminals in our state. And I appreciate an 'aye' vote."

"Brandon, before we let you close we'll let the parliamentarian address the issue of the ruling."

"Representative Phelps to close."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I know this is a very emotional issue. And again, I want to thank everybody who brought their concerns our way. This Bill is just about one thing. We know criminals have guns; they're always going to have guns and we're always going to be at their mercy. But God forbid that you or your wife or you or your husband, mother, grandmother or your kids were being attacked and there's no police around. In that split second, wouldn't you want the option to be able to defend yourself and your loved ones? That's all we're asking. And we put down some of the best regulations because, folks, you're going to be at the mercy of the NRA sooner or later 'cause the Supreme Court's going to rule in their favor and the court case is coming, trust me. Forty- nine other states have some kind of carry permit process and Ladies and Gentlemen, they're laughing at us. Laughing at us every day and some… some people here are proud of that. We take an oath of office to serve this office, as a State Rep, as a State Senator and we're supposed to uphold the Constitution. Folks, let me tell you… like it or not, no one in here is above the Constitution. We have two Supreme Court rulings in our favor, more to come and all this is, is a commonsense measure. Somebody also asked and I don't want to use this, I talked to Teddy so he knows I'm going to do this, but one of the other reasons I'm running 09700050.doc 95  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 this is 'cause I made a commitment in the honor of Joel Brunsvold that I would always keep his fight going and I always will. In his honor, the right thing to do was coming down to the U.S. Supreme Court. Let's quit discriminating against law-abiding gun owners, and let's quit delaying their rights. I ask for an 'aye' vote."

"Ladies and Gentlemen, we've had a very thorough debate. Twenty different speakers on this thing and there's been a request for verification by Representative Harry Osterman. So, please vote your own switch. And the question is, 'Should House Bill 148 pass?' All those in favor signify 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? Mayfield, McCarthy, McGuire, Pihos, Thapedi. Have all voted who wish? Ford. Mr. Clerk, take the record. On this Bill, there are 65 Members voting 'yes', 32 Members voting 'no', 1 Member voting 'present'. Mr. Phelps."

"I ask this be placed on Postpone Consideration."

"Mr. Clerk, on the request of the Sponsor, put this Bill on Postpone Consideration. Representative Chapin Rose."

"Please proceed."

"Welcome to your Capitol; we're proud to have you here. Thank you for coming. Leader Lou Lang in the Chair."

"The Chair recognizes Representative Acevedo."

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

"State your point, Sir."

"Today we celebrate Cinco De Mayo and I need to tell you the history of it. The 5th of May is not a Mexican independence parade… a Mexican independence day, but it should be. And Cinco De Mayo is not an American holiday, but it should be. Mexico… Mexico declared its independence from mother Spain on midnight the 15th of September 1810 and it took 11 years before the first band of soldiers were told to force and leave Mexico. So, why Cinco De Mayo? And why should Americans savor this day as well? Because 4 thousand American soldiers smashed the French and traitor Mexican of 8 thousand in Puebla, Mexico, 100 miles East of Mexico City on the morning of May 5, 1862. The French had landed in Mexico along with the Spanish and English troops five months earlier on the pretext of collecting Mexican debts for the newly elected government of Democratic President and Indian Benito Juarez. The English and Spanish quickly made deals and left. The French, however, had 09700050.doc 97  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 different ideas. Under Napoleon the III, who detested the Unites States, the French came to stay. They brought a Hapsburg prince with them to rule the new Mexican empire, his name was Maximilian, his wife, Car… Carolota. Napoleon's French Army had not been defeated in 50 years and it invaded Mexico with the finest modern equipment and with a newly reconstituted Foreign Legion. The French were not afraid of anyone, especially since the United States was embroiled in its own Civil War. The French Army left the port of Vera Cruz to attack Mexico City to the west as the French assumed the… the Mexicans would give up should their Capital fall to the enemy as European countries traditionally did. Under the command of Texas-born General Zaragosa and the Cavalry under the command of Colonel Diaz, later to be Mexico's first President and dictator, the Mexicans waited. Brightly dressed French Dragoons led the enemy columns. The Mexican Army was less stylish. General Zaragosa ordered Colonel Diaz to take his Cavalry, the best in the world, out to the French flanks. In response, the French did a stupid thing; they sent their Cavalry off to chase Diaz and his men who proceeded to butcher them. The remaining French infantrymen charged the Mexican defenders through sloppy mud from a thunderstorm and through hundreds of head of stampeding cattle stirred up by Indians armed with machetes. When the battle was over, many French were killed or wounded and their Cavalry was being chased by Diaz' superb horsemen miles away. The Mexicans had won a great victory that kept Napoleon from supplying the confederate rebels for another year, allowing the United 09700050.doc 98  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 States to build the greatest army the world has ever seen. This grand army smashed the Confederates at Gettysburg just 14 months after the Battle of Puebla, essentially ending the Civil War. Union forces were then rushed to the Texas Mexican border under General Phillip Sheridan, who made sure the Mexicans got all the weapons and ammunition they needed to expel the French. American soldiers were discharged with… with their uniforms and rifles if they promised to join the Mexican Army to fight the French. The American Legion of Honor marched in the Victory Parade in Mexico City. It might be an historical stretch to credit the survival of the United States to those brave 4 thousand Mexicans who faced an army twice as large in 1862, but who knows. In gratitude, thousands of Mexicans crossed the border after Pearl Harbor to join United Armed Forces. As recently as the Persian Gulf War, Mexicans flooded American consulates with phone calls, trying to join up and fight another war for America. Mexicans, you see, we never forget who our friends are. And you know what, folks, neither do Americans. That's why Cinco De Mayo is such a party, a party that celebrates freedom and liberty. These are two ideals that Mexican and Americans have fought shoulder to shoulder to protect ever since May 5, 1862. Viva el Cinco De Mayo. Thank you for your time."

Speaker Lang: "Thank you, Representative. Chair recognizes Representative Eddy."

"State your point, Sir." 09700050.doc 99  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Welcome to Springfield. Members, on returning to the Calendar. On page 10 of the Calendar, under Consideration Postponed appears House Bill 3039, Representative Lilly."

"Thank you, Speaker. I rise this afternoon to… for reconsideration for House Bill 3039. This Bill addresses the health care needs of individuals in the State of Illinois. We basically are encouraging, in recognition of women's health, women and their physicians to make sure that they're working together to deal with their cardio health. I am excited and I'm encouraged when we bring awareness to our health, our heart health, which is in the women population the third killer… leading killer for women. I have been working with many of the insurance groups and all those who have mentioned opposition and we are working together to create the language that will make this good for the State of Illinois. I ask that you reconsider, excuse me, I ask for your encouragement to vote for this Bill as I work with the Senate to make the language that will help us to pass this Bill. Thank you."

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

"Lady yields." 09700050.doc 100  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Correct. I will be working with the Senate to amend the language so that all those that are opposing or have concerns with the language will be able to dialogue. I did sit down with them and had a couple of conversations. We just have not gotten together to get that done."

"I… I apologize for not getting that done to this point. But speaking with several Members, they thought that this would be a way of moving the Bill and making sure that we are spending time and energy in recognition of women's health and the health of our state to get this kind of partnership with health… with our medical team and our community. I thought it would be a way of getting this done sooner than later."

"Representative Lilly to close."

"I appreciate, Representative… I appreciate your concern. I really feel that many of our legislation and many of the things we're doing here for the State of Illinois is our ability to really work together. I have asked on a number of occasions that those in opposition to come and sit and dialogue. That did not happen. This Bill came to the… to this Body a month ago. I've tried to move the conversations. I'm hoping with the Senate and the House to encourage those entities to sit with us so that this would not be an issue of heavy compliance that a business entity is concerned with. This is about health. This is about encouraging physicians and individual participation in health management. Cardio health is the killer… #1 killer for our men population and the #3 killer in our women population. We here, at the State of Illinois, need to begin to move forward and say to our insurance companies and our health providers, we must work together to increase the life span of our citizens. A young lady in my district at the age of 35 had a heart attack because she did not have the awareness or the partnership with her doctor. She had to learn about her health… cardio health on the emergency room table where she expired and came back. She then preached to me that if I had knowledge of how I could take part in my health I would have; this would have never happened to me. I am talking the ability to work with 09700050.doc 102  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 physicians, our citizens, patients, women throughout the state without the heavy burden, without the conversation of this is a money issue. This is a health issue. This is what we need to do as a Body in recognition of women's health month cause women are the backbone of our country. And we are in jeopardy. And if we're saying that this legislation cannot help a partnership between doctor and woman because of a heavy burden on the insurance company, I am concerned. And I'm hoping that you take this into consideration. This is about a partnership that is already on the books of current practices with physicians throughout our state and throughout our country. This is a… a standard or practices that are already in place. Those who are voting against it, is not voting against because it's not something we're doing and that's not something that we… are all… and we should be doing, you're voting against it because it's a heavy burden on a group entity that you don't want to… want to harm or you don't want to have a disagreement with. I am… I am not looking to cause any uncomfortable conversations. I am looking to increase the health and wellness of the citizens of Illinois in a partnership with the… with the individual and the physician with the support of the insurance bodies that most of us… that we do have can use to make sure… right… to make sure that we are collectively having a healthier state. I thank you for your consideration. I thank you for your comments. I ask for your 'aye' vote. Thank you."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? 09700050.doc 103  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 Have all voted who wish? Members, record yourselves. Dugan, Hays, Holbrook. Mr. Hays. Please take the record. On this question, there are 62 voting 'yes'; 56 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 4 of the Calendar, under the Order of House Bills-Third Reading appears House Bill 219. Mr. Clerk, please read the Bill."

"The Chair is informed that Mr. Tryon's handling this Bill for Mr. Beaubien."

"Mr. Beaubien. Excuse me, Mr. Beaubien is in the chamber. I was told you had left the chamber. I'm sorry."

Speaker Lang: "Well, I was right in the first place. Mr. Tryon."

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

"The alternate Sponsor will yield."

"Ladies and Gentlemen, this Bill is on the Order of Short Debate, but the Chair did not announce that. There are five Members with lights on: Mr. Eddy, Mr. Franks, Mr. Rose, Mr. Bost and Representative Flowers. I'm going to call on each of you, but please make it brief. The Bill is on Short Debate. Mr. Eddy for two minutes."

"Gentleman yields."

"Mr. Bost for an announcement."

"State your inquiry, Sir." 09700050.doc 109  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"The Chair will take that under advisement, Sir. We'll ask Mr. Dunkin the rules regarding the trophy. The Chair recognizes Mr. Franks for two minutes."

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

"Gentleman yields."

"This is your first Beaubien Bill, is it not?"

"It's so good to see him back in the chamber with Dee. Dee, thank you for being here today. I understand that the underlying Bill, Mr. Tryon, was a Bill that you had pushed forward and that would require seatbelts in the backseats of all vehicles, I mean, the use of seatbelts."

"So, but now you seem to have a change of heart because this… the Amendment would have exemptions for certain classes, such as those that would ride in a taxicab?"

"Okay. Is this a safety issue?"

"No, I understand. That's why I'm wondering why you would exempt a backseat passenger of a taxicab. How would that be more safe to exempt someone in a taxicab, for instance and not exempt someone in the back of an identical vehicle?"

"I'm not sure what you mean by observing? It's not… they're not like it's blocked."

"Okay. But that would not necessarily be a safety issue. That would be a fact that the taxi driver couldn't see whether his or her passenger was adhering to the law."

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

"Wouldn't it make more sense perhaps not to have a ticket for a taxicab driver if they could not physically observe whether their passenger was in the backseat, but still keep that requirement? And people should say, you should tell them when they get into the cab that you need 09700050.doc 111  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 to wear your seatbelt and if they choose not to, then that passenger would be the one who would be ticketed and not the taxicab driver. Because if we really care about the public safety issue, we would have those folks in the backseat required to wear them and if they chose not to, then they would be the ones who would be responsible and not the driver. Would that make more sense?"

"Well, would it be something you'd be willing to do now or should we vote 'no' on this Bill?"

"To the Bill then, I'll just very briefly. I appreciate your answers. I understand what the Sponsor's trying to do, but I don't think this Bill will do it. If we're… if we're concerned about safety and the requirement is that people in the backseat should wear safety belts, then they should wear safety belts. And if they don't, then they should be the ones who are personally responsible, not someone who is paid to cart them. And you may wish to extend this also to those who ride in the back of limousines because those who… limo drivers can't see in the back oftentimes as well. So, if you're worried about the individual who's driving having the liability, I think that we should shift it to the people who make their own decision, but I don't think that 09700050.doc 112  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 we should take away the requirement. So, I'm going to vote 'no' on this. And… but welcome back anyway, Mr. Beaubien."

"The last speaker on this Bill is Representative Flowers for two minutes."

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

"Gentleman yields."

"Representative Tryon, according to my analysis it says House Bill 219 would require everyone traveling in a motor vehicle to use a seatbelt. And then it goes on to say, deletes specific requirements for drivers under 18 to wear a seatbelt. So, drivers under 18 no longer have to wear a seatbelt?"

"So, according to may analysis here it says, deletes specifics requirements. Are you deleting certain…"

"Okay. So, that's wrong. Let me ask you this. Number two says, require travelers in a motor vehicle to wear a properly adjusted and a fastened seatbelt. Who defines what is properly adjusted?"

"Who defines properly adjusted?"

"The backseat?"

"Well, let me ask this, if…"

"…if I have four passengers in the backseat and I only have three seatbelts that come with the vehicle, what am I to do?"

"That would be against the law?"

"I have four passengers in my vehicle and I only have three seatbelts."

"I, too, would urge everyone a 'no' vote on House Bill 219. Thank you."

"The very last speaker on this Bill will be Mr. McCarthy for two minutes."

"I… I appreciate that, Mr. Speaker. Will the Sponsor yield? Representative, I just want to make it very clear, the Illinois Fire Chiefs are opposed to this Bill after it was amended to take them out, correct?"

"Let me tell you before you… before you say anything. I just… I just got off the phone, that's… that's why I jumped in late."

"'Cause I thought I was maybe misremembering it, but I just called the… the head of the Illinois Fire Chiefs and he says they want everybody buckled up, that they are an opponent of this since they were now exempted. They do not think that is the right message to send, that people in vehicles responding to fire emergencies should not wear their seatbelts. They want their guys wearing their seatbelts. And I just called former Chief Bob Pugh to make sure I remembered it correctly and he assured me I did. So, they are… I just want to make sure that's on the record. They are opposed to this legislation at this time."

"Okay."

"Well, I'll tell you. I know there's a brochure back on my desk over in the beautiful Stratton Building that told me that they were opposed. This is a former… the head of the Fire Chiefs is now… he's a former fire chief from Orland Park so…"

"I know him personally. So, I just did call and he did say…"

"And I'm sorry… I'm sorry to jump on at the last second, but I was wondering if I was remembering correctly. So, after I made the call, I thought I'd make you aware of it. So, but the…"

"Mr. Beaubien to close for Mr. Tryon who handled the Bill for Mr. Beaubien."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? David Harris. Please take the record. On this question, there are 61 voting 'yes', 55 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 2 on the Calendar appears House Bill 929. Mr. Clerk, please read the Bill."

"Mr. Burke."

"The Gentleman moves for the adoption of the Amendment. On that question, the Chair recognizes Mr. Ramey. Mr. Ramey on the Amendment."

"The Chair did not hear your question, Sir."

"Gentleman has Amendments 1 and 2; that's what we're doing at this moment."

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."

"Mr. Burke." Burke, D.: "Thank you, again, Mr. Speaker, Ladies and Gentlemen. Basically, Amendment #2 does pretty much the same that Amendment #1 has proposed. It talks about requiring the collection of data and that that data be made available to the public. And that further, the State of Illinois should modify its memorandum of agreement to provide that no Illinois arrest record information may be analyzed by ICE through the Secured Communities Program unless the individual has been convicted of a criminal offense. Be happy to answer any questions." 09700050.doc 118  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

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. On page 5 of the Calendar, under the Order of House Bills-Third Reading appears House Bill 1958, Representative Gabel. Please read the Bill."

"No running in the House chamber, Representative Gabel. Representative Gabel on House Bill 1958."

"Thank you, Mr. Speaker. House Bill 1958 fixes gaps in the 1999 legislation banning the shackling of women in labor. We have talked about this Bill before. We have amended it so that it only applies to Cook County. And I don't think there's any opponents at this time. And I ask for an 'aye' vote."

"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, Members. Brady, Fortner, Kosel, Senger, Zalewski. Fortner, Senger. Please take the record. On this question, 86 voting 'yes', 30 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Page 5 of the Calendar, under the Order of Senate Bills-Third Reading, we're going to go down the list, First one we will call is Senate Bill 1336, Mr. Riley. Please read the Bill." 09700050.doc 119  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Mr. Riley."

"Thank you, Ladies and Gentlemen of the House. Essentially, Senate Bill 1336 asks that the Department of Transportation be notified… will require the Department of Transportation to be notified… to notify CMS whenever they have a vehicle that has to be repurposed, such that CMS can then look for other state agencies that might be able to use that vehicle. If there are none, then they would open it up to local governments to be able to transfer or… or otherwise disposition the vehicle. It's a commonsense kind of Bill and I ask for your support."

"Gentleman moves for the passage of the Bill. This Bill is on the Order of Short Debate. The one speaker on the Bill will be Mr. Reis for two minutes."

"Gentleman yields."

"Well, I… I think you're right in a lot of ways. It's just a procedural Bill. Prior to this, whenever IDOT wanted to replace a vehicle they would go to DNR and there were other procedures that they went through. They would make it available directly to local governments. This way, they'll give it to CMS first who is tasked with, you know, working with other state agencies and so forth. So, it's… it's… it's a Bill whose time has come." 09700050.doc 120  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Mr. Reis yields his last one minute and six seconds to Mr. Reboletti."

"Gentlemen yields."

"The state agencies or… or local units of government."

"To be honest with you, Representative, I am not sure. That was really not… that did not come out, you know, during the crafting of this Bill. You would think that it would just be something that would be part of their… their normal duties, since they deal with all of the other state agencies anyway, that they would, you know, they would handle it just as a matter of course. So, I… I really can't say that they would be charging 8 percent in some method like a chargeback. I'm really not sure."

Speaker Lang: "You made it, Mr. Reboletti. There being no further debate, those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mendoza. Please take the record. On this question, 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1344, Mr. Nybo. Out of the record. Senate Bill 1357, Mr. Watson. Please read the Bill."

"Mr. Watson."

"Gentleman moves for the passage of the Bill. There being no debate, those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1360, Mr. Lyons. Please read the Bill."

"Mr. Lyons."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill… Senate Bill 1360 directs the Secretary of State to complete a feasibility study for the implementation of a corporate sponsored license plate program. A year ago, I sponsored something… some initiative from the community came forward from an individual about an idea to try to raise money for the State of Illinois. So, it's an idea that it's time has come. The State of Texas has already started this program; they've made a couple million dollars the first couple months of its implementation. Florida is looking into it; Virginia is looking into it. This just allows a feasibility study by the Secretary of State to look into how we could practically put this together. So, I appreciate your 'aye' vote."

"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? Representatives Cole and… Please take the record. On this question, there are 111 voting 'yes', 5 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1372, Mr. Bost. Mr. Bost. Somebody tap Mr. Bost on the shoulder. Please read the Bill."

"Mr. Bost." 09700050.doc 123  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Mr. Acevedo in the Chair."

"On page 5 of the Calendar appears Senate Bill 1372. Mr. Bost."

Speaker Acevedo: "Okay. All those in favor say 'aye'; all opposed say 'nay'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Jakobsson. Representative Pihos. Mr. Clerk, take the record. On this question, there is 115 voting 'aye', 0 voting 'no', 0 voting 'present'. This Bill is declared passed. Representative Chapa LaVia."

"Thank… thank you, Speaker Acevedo. I just want to say you look amazing up there. And I was wondering, can I go up there and be the Speaker for the day?"

"We'll get back to you on that."

"Awww."

"On page 3… 5 of the Calendar there appears Senate Bill 1379, Representative Schmitz. Mr. Clerk, read the Bill."

"Representative Schmitz."

"The Gentleman moves for passage of Senate Bill 1379. All those in favor of the Bill shall say 'aye'; all those opposed say 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 115 voting 'yea', 0 nay, 0 present, this Bill is declared passed. On page 5 of the Calendar there appears House… Senate Bill 5015… 1585, I apologize. Representative Lyons. Mr. Clerk, call the Bill."

"Mr. Lyons."

"Thank you, Mr. Speaker. You do look marvelous up there, Leader."

"Thank you, Representative."

"Senate Bill 1585 is an initiative of the Illinois Academy of Physician Assistants. It basically allows the Driver's License Medical Review Law in the Illinois Vehicle Code to allow a licensed physician assistant or a licensed advanced practice nurse to sign the medical reports which the Secretary of State's Office reviews to determine an individual's fitness to drive a vehicle. So, this is… this is allow… there's no known opposition to it. Michigan and 09700050.doc 125  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 Iowa… as promised in committee, Michigan and Iowa have already approved this. There's other legislation pending in surrounding Midwestern states. There's no known opposition. It passed unanimously out of the Senate. And I'd appreciate an 'aye' vote."

"The Gentleman moves for the passage of Senate Bill 1585. And on that question, no one voting to… no one wishing to speak? Mr. Clerk, call the… The question is, 'Will this Bill pass?' All in favor say 'yea'; all opposed say 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Saviano. Mr. Clerk, take the record. On this question, with 115 voting 'yea', 0 voting 'nay', 0 'present', this Bill is declared passed. On page of the Calendar… on page 5 of the Calendar there appears… appears Senate Bill 1589. Representative Zalewski. Mr. Clerk, read the Bill."

"Representative Zalewski."

"Thank you, Mr. Speaker. It's good see you up on the dais. Senate Bill 1589 simply states that if a person had been previously convicted of a felony and they are therefore convicted of aggravated unlawful use of a weapon, imprisonment shall be the only sentence available to the judge. I ask for an 'aye' vote."

"The Gentleman moves for the passage of Senate Bill 1589. And on that question, no one wishing to speak. The question is… I'm sorry. Representative Reboletti." 09700050.doc 126  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Representative Zalewski to close."

"Thank you, Representative, for those… the support. I ask for an 'aye' vote."

"And on that question, Representative Zalewski moves to pass Senate Bill 1589. All those in favor say 'aye'; all opposed say 'nay'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bost. And with 113 voting 'yea'… Mr. Clerk, take the record. And on that question, 111 voting 'yea', 0 voting 'nay', 4 'present', this Bill is declared passed. On page of the Calendar there's Senate Bill 1602, Representative Reitz. Mr. Clerk, read the Bill."

"Representative Reitz."

"Thank you, Mr. Speaker. This amends the Dental Practice Act. It adds another testing agency to… for licensure for dentists. It allows dental hygienists to make sure they have proper training and certification for carving and enamel gram restorations. It deals with dental van unit and it also deals with continuing education. It allows up to four hours credit granted to licensees who volunteer time for nonprofit community services or local or state health departments or charity events. I'd be happy to answer any questions."

"And on that question, the… The Gentleman moves for the passage of Senate Bill 1602. No one seeking recognition, Mr. Clerk. All those in favor say 'yea'; all opposed say 'nay'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dugan. Representative Dugan. Mr. Clerk, take the record. And on all that… and on Senate Bill 1602, 114 'yeas', 0 'nays', 1 'present', this Bill is declared passed. On page 6 of the Calendar appears Senate Bill 1612, Representative Mell. Mr. Clerk, read the Bill."

"Representative Mell."

"Thank you, Mr. Speaker, Members of the House. This Bill makes it easier to… to collect… It… it does two things. I don't have my sheet with me right here, but it does two things. One, it makes it easier to collect moneys for child support. The first one is it counts workers' compensation 09700050.doc 128  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 as income so then that can be levied for child support. And it also makes it… it… the person when we are confiscating someone's passport due to lack of… of complying with their child support it makes it more difficult for them to reappeal it. I ask for an 'aye' vote. Sorry for my messed up explanation."

"The Lady moves for the passage of Senate Bill 1612. And on that question, no one seeking recognition, all those in favor say 'yea'; all opposed say 'nay'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Saviano. Mr. Clerk, take the record. And on that question, there's 112 voting 'yea', 1 voting 'nay', 2 'present', this Bill is declared passed. On page of the Calendar there appears Senate Bill 1643, Representative Pihos. Mr. Clerk, read the Bill."

"Representative Pihos."

"The Lady moves for the passage of Senate Bill 1643. No one seeking recognition, all those in favor say 'yea'; all opposed say 'nay'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bellock, Representative Hammond, Mulligan. Mr. Clerk, take the record. And on that question, 79 voting 'yea', 35 voting 'nay', 1 'present', this Bill is declared passed. Representative Morrison for what reason do you rise?"

"State your point."

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

"Thank you, Mr. Speaker. On Senate Bill 1643 I wish to have voted 'no'. You can let the record reflect, I appreciate it."

"The record so will reflect."

"Thank you."

"On page 6 of the Calendar appears Senate Bill 1668, Representative Pricker… Pritchard. Read the Bill, Mr. Clerk."

"Representative Pritchard."

"The Gentleman moves for the passage of Senate Bill 1668. With no one seeking recognition, all those in favor say 'yea'; all those opposed say 'nay'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Kay. Representative Mulligan. Mulligan. Mr. Clerk, take the record. And on that question, 74 voting 'yea', 39 voting 'nay', 1 'present', 09700050.doc 131  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 this Bill is declared passed. On page 6 of the Calendar there appears Senate Bill 1669, Representative Williams. Mr. Clerk, read the Bill."

"Representative Williams."

"Thank you, Mr. Chairman, Ladies and Gentlemen of the House. Senate Bill 1669 is… involves student transportation safety. As you may know, student bus transportation is one of the most regulated services in Illinois because it covers our most vulnerable population. As a cost savings measure, some school districts have opted to utilize taxi service to transport some students, particularly special needs students. The problem is there are a lack of regulation oversight of taxis and taxi drivers that are transporting our students. This Bill would simply add some very basic public safety measures for the transportation of students via taxi including requiring regular background checks of drivers, prohibiting the use of junked vehicles, regular safety checks of vehicles and minimum insurance requirements. I know of no opposition. And I'd be happy to answer any questions."

"The Lady moves for the passage of Senate Bill 1669. And on that question, Mr. Eddy."

"She indicates she will."

"Yes, it would apply." 09700050.doc 132  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"A contractual arrangement, yes."

"Well, what this Bill addresses is a situation where there may be only one special needs child that may need transport. And may only have, you know, may have a certain distance to go that other students would not be along that route. So, instead of utilizing a bus for that purpose and utilizing the associated cost, they may do a contract with a company to transport that one particular student."

"I don't believe it's intended to apply to that sort of situation. And of course, parents can opt to transport their students… with their students any way they liked it. This specifically deals with school districts that utilize this in lieu of traditional bus transport."

"Well, I'm not really sure how… how that would work, Representative. What sort of intermittent use are you referring to? Just… the parents didn't show up or something and they called a cab?"

"I mean, I'm not sure where it would be used."

"I'm not sure that situation was contemplated in the Bill, but I'm not familiar and haven't heard of examples of that being utilized. Part of the problem is, you know, the contractual arrangements don't provide for the additional regulation. That's why we reference the arrangements. And we're thinking of more regular use, but I'm looking at the language right now. I don't think the Bill contemplates this."

"I agree with you. I see that language. I don't think the Bill contemplated the sort of scenario nor have I heard 09700050.doc 134  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 of this sort of scenario you mentioned, but if it does apply it does seem to be outside the scope of the Bill."

"Representative Franks."

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

"She indicates she will."

"Representative, I'm reading the analysis and it indicates that the purpose is to make sure that students who take taxis to and from schools have a safe mode of transportation, correct?"

"Yes."

"And this Bill would require those drivers to have school bus driver's licenses, correct?"

"It outlines a list of requirements and they include things such as background checks and other things that are similar to the school bus driver licenses, yes."

"And it would require background checks as well?"

"It says… yes."

"Now, my question is, just a few moments ago, Representative Tryon had a Bill that would indicate that those who rode in taxicabs don't have to wear seatbelts and that would no longer be the law. That Bill just went to the Governor. And should this Bill go to the Governor, I'm wondering if children who are riding in taxicabs will now be exempt from using seatbelts?"

"Well, I think that's a good question. And actually, it's a question that Representative Moffitt brought up in committee. I'll certainly be happy to take a look at it and if that is a con… if that is something that is a result of 09700050.doc 135  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 Representative Tryon's legislation, certainly we'd want to modify it to ensure that children, particularly special needs children, are properly restrained within taxicabs."

"Well, here… here's the issue though. Should we pass this Bill right now, it will go right to the Governor. We won't have a chance to look at it. So, perhaps what we should do is move this to Second, 'cause we still have a few days, put an Amendment on there to make sure that our children are being protected because I'm not sure they will be should the Governor sign Mr. Tryon's Bill."

"Well, your point's well-taken. I don't see the necessity of moving it to Second. I will take it out of the record, answer your question and we can come back and revisit it."

"Thank you."

"Okay."

"Mr. Clerk, take that Bill out of the record. On page 6 of the Calendar there appears Senate Bill 1708, Representative Biss. Out of the record. And the last Bill of the day, on page 6 of the Calendar appears Senate Bill 1739, Representative Howard. Mr. Clerk, read the Bill."

"Representative Howard."

"Yes, thank you very much, Mr. Speaker. Senate Bill 1739 expands the offense of aggravated intimidation to make it an offense to intimidate a civilian who reports information about a forcible felony to a law enforcement agency. I will answer questions at this time." 09700050.doc 136  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"And on that question, the Lady moves for the passage of Senate Bill 1739. No one seeking recognition, all those… all those will vote 'yea'… all those in favor vote 'yes'; all opposed say 'no'. Voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. And on that question, 115 voting 'yea', 0 voting 'nay', 0 voting 'present', the Bill is declared passed. Representative Reis, for what reason do you rise?"

"State your point."

"Happy birthday. Representative Will Davis for an announcement." Davis, W.: "Thank you… thank you very much, Mr. Speaker. Eight years of being here, it's the first time I've seen you in the Chair. Good to see you. Ladies and Gentlemen, the Democratic Members of the House Appropriations Committee for Elementary and Secondary Education will meet in the fifth floor conference room. If you take the elevator in the back up to the fifth floor and exit, you'll see the conference room. Again, the Democratic Members of the Appropriations Committee for Elementary and Secondary Education will meet immediately after Session in the fifth floor conference room. Thank you."

"Mr. Clerk, Agreed Resolutions." 09700050.doc 137  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011

"Representative Currie moves for the adoption of the Agreed Resolutions. All those in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Resolutions are adopted. Representative Feigenholtz."

"Thank you, Mr. Speaker. The House Human Services Appropriations Committee will also meet again 30 minutes after Session in Room 100."

Speaker Acevedo: "Mr. Clerk, what's the status of House Resolution 322? On that Resolution, Representative Jefferson."

"Thank you, Mr. Speaker, Members of the General Assembly. House Resolution 322 congratulates President Obama and members of his administration for successfully bringing Osama Bin Laden to justice and honors them for their continued efforts to secure our nation and eradicate terrorism throughout the world. So often we're very critical of our government when they make mistakes. So, this is a reason for us to congratulate and celebrate our President and Commander In Chief of the United States. He happens to be one of ours, he's from the State of Illinois. He served in the same Legislature that we serve in today. So, I just want to make sure that we don’t miss the 09700050.doc 138  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 50th Legislative Day 5/5/2011 opportunity to congratulate our Commander In Chief, Barack Obama, and his staff. Thank you."

"The Gentleman moves for the adoption of House Resolution 322. And on that question, Representative Watson."

"Representative Davis." Davis, M.: "I think it was a team effort and I rise to congratulate our President, the team members who went and caught the person responsible for all of the deaths of those Americans. And I think it's remarkable that we could stand here today and say to President Barack Obama, we honor and congratulate you. Thank you, Ladies and Gentlemen."

"The Gentleman moves for the passage of House Resolution 322. All those opposed say 'aye'; all oppose… all those in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The Resolution is adopted. Mr. Clerk, committee announcements."

"And now, Representative Currie moves for the adjournment 'til Friday, May 6 at 10 a.m., allowing perfunctory time for the Clerk. Those in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The House is adjourned."