Illinois House Floor Debate — May 24, 2011

"We'll be led in the Pledge of Allegiance today by Representative Karen May."

"Roll Call for Attendance. Leader Barbara Flynn Currie, what's the status of the Democrats today?"

"Thank you very much, Speaker. Let the record show we have no excused Democrats to report today."

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

"Representative Leitch, would you like to be recorded 'present'? Mr. Clerk, take the record. We have 118 Members responding to the quorum call. We are prepared to do the work for the people in the State of Illinois. Mr. Clerk." 09700063.doc 1  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011

"Representative Norine Hammond, for a point of personal privilege."

"Megan glad to have you at the Capitol. Good luck. Representative Pat Verschoore, point of personal privilege."

"Thank you, Mr. Chairman. I've got a couple of young ladies from my district being Pages today. Maggie Bowmen who is 16 and her sister Margo who is 13. Let's give them a warm welcome. Thank you."

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

"Please proceed, Chapin."

"Welcome to your Capitol. Glad to have you. Ladies and Gentlemen, on the Order of Senate Bills-Third Reading, in the middle of page 5, Representative McAsey, you have Senate Bill 1035. Read the Bill, Mr. Clerk." 09700063.doc 3  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011

Speaker Lyons: "The Chair recognizes the Lady from Will, Representative Emily McAsey."

"Thank you, Mr. Speaker and Members of the House. Senate Bill 1035 is an initiative of Attorney General Lisa Madigan's Office, to help investigate… expedite rather investigations in cases of child pornography when the Internet is being used. That information is time sensitive. Oftentimes easily destroyed and when I say that I mean IP addresses. What this would do is to allow for a process where the Attorney General can issue a subpoena that is returnable to a court directly to the Internet service provider. It allows for more expediently getting that information, arresting offenders, and stopping ongoing abuse. In addition to that, there are changes with regards to sentencing, giving the judge's the opportunity to do consecutive rather than concurrent sentences. And I ask for the Body's support."

"You've heard the Lady's explanation on Senate Bill 1035. The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."

"The Chair recognizes the Gentleman from Cook, Representative Jim Durkin."

"Sponsor yields."

"The subpoena would be returnable to the court and the judge would review that subpoena."

"…before releasing any records that were returned."

"That's correct."

"To the court."

"Right." 09700063.doc 5  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011

"The court would have the opportunity to review whatever was returned and the court would have whatever… whatever procedures, whether they thought that something ought to be returnable, it would be within their discretion what to return to the Attorney General, but, as Representative who previously spoke mentioned, note this is about understanding that we have ongoing abuse, oftentimes with the individuals creating and trading these images. And that in so many counties in our state we don't have grand juries convening on a regular basis or at all. And so what this allows is for… especially in those situations to be able to serve the subpoenas more expediently, have that information, returnable to the court for review… and then…"

"Yes."

"Right or whether unreasonable, or process…"

"That's my understanding."

"Correct."

"Yes. That's correct."

"Just one moment. The… In the language, page 5, of the full text of the Bill, it discusses the… being able to have a consecutive term, in the case of a conviction of child pornography or aggravated child pornography. It's adding that to an existing list of criminal sexual assault, aggravated criminal sexual assault, as well as predatory criminal sexual assault."

"Actually the proceeding paragraph reads consecutive terms mandatory the court 'shall' impose…" 09700063.doc 7  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011

"…consecutive sentences in the following circumstances."

"Representative McAsey to close."

"Thank you. Thank you to my colleagues for the debate on the legislation this morning. I appreciate the support of the Body, so that we can continue to assist to law enforcement providing them with this very important tool, so that they can go after individuals who are victimizing children in our communities, trading images online and to give them these expedited subpoena powers, as well as, appropriate sentencing in cases of child pornography. I appreciate your 'aye' votes. Thank you."

"Representative McAsey moves for the passage of Senate Bill 1035. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 118 Members voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Bob Pritchard."

"Please proceed, Representative."

"Representative Don Moffitt, on page 5 of the Calendar, under Senate Bills-Third Reading, you have Senate Bill 1253. Read the Bill, Mr. Clerk."

"The Gentleman from Knox, Representative Don Moffitt."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1253 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 09700063.doc 9  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 all voted who wish? Will Davis. Mr. Clerk, take the record. On this Bill there's 116 Members voting 'yes', 2 Members voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Chapa LaVia, on Senate Bills-Third Reading, you have Senate Bill 1270. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Chair recognizes the Lady from Kane, Representative Linda Chapa LaVia."

"Thank you, Speaker. Could we table House Floor Amendment #3, please? Could we take it back to Second and table? I'm sorry. Take it back to Second and table Amendment #3, and bring it back to Third?"

"Representative, I'm advised by the Clerk that it is in the Rules Committee, you don't need to table it."

"Okay. So I can go, proceed."

"You can present the Bill as written."

"Okay. Thank you. Thank you so much, Speaker and Members of the House. Senate Bill 1270 was established on a lot of work we did last year in the last General Assembly on a task force to make sure that percentage of the goal of awarding state contracts to stable veteran-owned businesses be part of the mix… it's just little bit something we can do for the men and women that wear our uniforms. But, House Amendment #1, did a gut and replacement. It removes language requiring a 3 percent set aside for business contracts to be preformed by professional services, architechul… or engineering firms. And also it Amended 09700063.doc 10  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 portions of Senate Bill 1270, requiring a Criminal Code. In Amendment #2, did was it provides a physical year report to the General Assembly by March 1. Currently in the language, it was October 1. These reports include information on the total number of veteran-owned businesses and veteran-owned businesses with disabled veterans to submit bids for contracts and the total number of veteran-owned businesses and businesses owned by veterans who are disabled who enter into contracts with the state and total value of these contracts. So, we're just trying to get a hand with CMS on how many contracts are there being awarded to veteran-owned businesses and veteran-owned businesses which the veteran is disabled. And I ask for it's a… it's vote on affirmative. Thank you."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, Representative Chapa LaVia moves for the passage of Senate Bill 1270. All those in favor signify by voting 'yes'; those oppose vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Gordon. Representative Morrison. Mr. Clerk, take the record. On this Bill, there's 118 Members voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Jerry Mitchell, on the Order of Third Readings, you have Senate Bill 1364. Read the Bill, Mr. Clerk."

"The Gentleman from Lee, Representative Jerry Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I bring you Senate Bill 1364. Basically this allows a couple of doctors to stay serving on the hospital board for CGH Hospital in Sterling. It effects only that one hospital and I'd appreciate your support. Thank you."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, Representative Mitchell moves for the passage of Senate Bill 1364. All those in favor signify by voting 'yes'; those oppose vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Patti Bellock. Dan Burke. Representative Hayes, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 85 Members voting 'yes', 33 Members voting 'no', 0 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bob Rita, on the bottom of page 5, under Senate Bills-Third Reading, you have Senate Bill 1386. Representative Rita, would you like to move your Bill 1386? Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Bob Rita."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1386 as amended is basically an Agreed Bill by all parties. What it does is it puts on cap on some 09700063.doc 12  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 over property tax payments for Cook County only for a period of time that where people were intended to get their tax money back that weren't. I'd be happy to answer any questions."

"You've heard the Gentleman's explanation, the chair recognizes the Lady from Cook, Representative Rosemary Mulligan."

"Sponsor yields."

"For which length of time? There's a specific amount of… there's a specific group of people that were intended to get some, a refund a few years back. That where the five year time lapsed that… with the intention is to get that money back to them people that were intended to receive that."

"So it's not… it doesn't keep it all to way for the 20 year period. It's been amended from the Senate's version to put a specific time period with a specific dollar amount of 350 thousand."

"It would have a minimal impact from my understanding because with the cap at 350 thousand. Depending on where 09700063.doc 13  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 that refund came from, it wouldn't just be on one school district."

Seeing no further discussion, Representative Bob Rita moves for the passage of Senate Bill 1386. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Leitch, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes'; 6 Members voting 'no', 2 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On the top of page 6 of the Calendar, under Senate Bills-Third Reading, Representative Mussman has Senate Bill 1578. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Michelle Mussman."

"Thank you, Mr. Speaker, Members of the House. Senate Bill 1578, will provide access to professional development training for educational support personal, custodians, teaching assist, secretary, et cetera, to upgrade their skills and to prepare them for to assume greater responsibilities in our school. Currently, some school districts routinely exclude education support personnel from their development activities on faculty development days. This legislation will require that schools support personnel attend the workshop or in-service provided that 09700063.doc 14  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 the workshop is related to the field in which they work. Timely and firsthand professional development is an important element to increase student achievement and ensuring that all students are provided a quality learning environment. I can answer any questions."

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

"The Sponsor yields."

"Yes."

"Thank you."

"No one else seeking recognition. The Lady moves for the passage of Senate Bill 1578. All those in favor 09700063.doc 15  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Pat Verschoore, you want to be recorded? 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 Greg Harris, on Senate Bills-Third Reading you have Senate Bill 1623, Greg. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Cook, Representative Greg Harris."

"You've heard the Gentleman explanation. Is there any discussion? Seeing none, Representative Greg Harris moves for the passage of Senate Bill 1623. All those in favor signify by voting 'yes'; those opposed vote 'no'. 09700063.doc 16  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Jehan Gordon. Representative Jakobsson. Mr. Clerk, take the record. On this Bill, there's 118 Members voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 6 of the Calendar, Representative Beiser has Senate Bill 1644. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker. Senate Bill 1644 makes changes to the Illinois Vehicle Code, regarding the enforcement of truck size and weight. It is the result of negotiations between the Illinois State Police, IDOT, Mid-West Truckers Association, and the Illinois Truck Enforcement Association. It passed unanimously out of the Senate. And I appreciate an 'aye' vote. Be welcome to answer any questions."

Speaker Lyons: "Are there any discussion? Seeing none, Representative Beiser moves for the passage of Senate Bill 1644. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 118 Members voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Jil Tracy, on page 6 of the 09700063.doc 17  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 Calendar, under Senate Bills-Third, you have is Senate Bill 1688. Read the Bill, Mr. Clerk."

"The Chair recognizes Representative Jil Tracy."

"Mr. Clerk, move this Bill back to the Order of Second Reading. What's the status of the Bill?"

"We'll hold that Bill on the Order of Second Reading, Representative. Representative Ann Williams, you have Senate Bill 1701. Out of the record. Representative Anthony DeLuca, on Order of Senate Bills-Third Readings, you have Senate Bill 1766. I hate to disturb you there Representative. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Anthony Deluca."

"Thank you, Mr. Speaker, Ladies and Gentlemen. Senate Bill 1766, this is part the… one of two Bills I have regarding crime-free housing. And this Bill provides that a written lease shall notify the tenant that if the tenant or occupant on one or more occasion uses or permits the use of the lease premises for the commission of a felony or Class A misdemeanor, that the landlord shall have the right to 09700063.doc 18  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 void the lease and evict the tenant. The Bill basically provides that leases shall include language stating that this is the case, so that the tenants are on notice that if they engage in criminal active on a premises, they could be evicted. It's very similar to language that we passed last year in a similar House Bill that I had. Additionally, it would allow cities to act on behalf of the landlord in cases where the landlord maybe reluctant to act against potentially dangerous criminals on the premises. I'd be happy to answer any questions."

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

"Sponsor yields."

"The request of the owner…"

"…not only. Not only."

"It's not limited to request of the owner."

"Would you repeat your question? I'm sorry."

"It's our belief that it would require permission from the owner."

"For the municipality to bring action."

"In criminal activity that would be classified as a felony or a Class A misdemeanor."

"The municipality, the police department…"

"Not… they could take action through the police department, but not in terms of taking action to evict."

"Not without the owner's permission."

"Representative Denis Reboletti."

"Sponsor yields."

"Well, it would depend on the nature of the offense."

"The only opposition to this piece is the Illinois Rental Property Association, and he testified in committee in opposition, but that same gentleman is in support of the second Bill regarding crime-free housing which is House Bill 1309."

"It is… he states his opposition to this Bill because didn't believe it went far enough."

"Shriver has no… Shriver is not opposed to this without the Amendment."

"Representative David Harris." 09700063.doc 21  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 Harris, D.: "Thank you, Mr. Speaker. A question of the Sponsor."

"He awaits your question, Sir." Harris, D.: "For purposes of legislative intent, I've received a couple of letters on this. You are not… it is not your intent that the landlord be the one to control… watch for or control the criminal activity that is taking place? Correct? In other words, they don't have to be the enforcer."

"No." Harris, D.: "Okay you're…"

"The municipality or the police department."

"Yes. Yes, that's correct." Harris, D.: "Thank you very much."

"Representative Rosemary Mulligan."

"Sponsors yields."

"Well, the intent of this is to create an environment for people living in rental properties, a safe and comfortable environment. So, if those type of actives are taking place and would be classified as a felony or a Class A misdemeanor and a landlord chooses to take action and then yes, they have the right to do that."

"Not necessarily. It doesn't mean the whole family. It doesn't necessarily compel that result that you said. That the whole family would be convicted."

"This could be enforced against the offender, specifically."

"I'm not sure, what you mean by the last resort? That it… this is… this Bi… this language is substantially similar to a Bill that I carried last year in the House. That passed the House…"

"…and didn't go anywhere and now it is a Senate Bill this year." 09700063.doc 23  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011

"Yes."

"That's correct."

"Representative Al Riley."

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

"Sponsor yields."

"Representative, I just want to get a point of clarity. So, essentially what this Bill is… is the un-amended version. The Amendment was table, Amendment #1?"

"That is correct."

"Okay. What are the big differences between this Bill and 1309 from the 96th General Assembly? Or is this…" 09700063.doc 24  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011

"No, 1309 is the current Bill."

"I'm sorry curr…"

"It's a current… the main differences is about the notification 1309 deals with reducing the notification for non-criminal violations from 10 days to 5 days, so that in the event there's criminal activity with 5 days notice, you could bring before the court both the criminal and the non- violent criminal activities."

"Okay. And again Sergeant Shriver has taken a 'no' position on this Bill?"

"They are not opposed to this Bill."

"Thank you."

"Representative Lou… Lou Lang."

"Thank you. Will the Sponsor yield?"

"Sponsor yields."

"Representative, I might have missed this, but in all this talk about being able to evict the tenant who's committed a crime. I didn't hear whether the person has to convicted of this crime before this Bill kicks in. Do they have to be convicted?"

"No, they do not."

"So this all kicks in just on a charge?"

"Yes."

"So… so I understand what you're trying to do on behalf of landlords, but why would we want to make it easier for a landlord to evict someone when they've been charged with a crime, if they may end up being found not guilty?"

"It's a different threshold between what the criminal court would require and what this legislation requires in 09700063.doc 25  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 an attempt to try and create a safe and livable and comfortable environment for people living in rental properties."

"So, is there some civil standard of proof that the person has committed the crime that would happen in the eviction court?"

"It would be the preponderance of the evidence."

"And so I just… I just want to see how this works. So, the landlord believes the tenant has committed a crime. It changes the threshold on the notice that has to be given to the tenant and then eventually there is an eviction case just like all others, and if this is going to be bases of the eviction, then the landlord has to prove by a preponderance of the evidence that the tenant committed the crime."

"This Bill does not. That's 1309 deals with the notification timeline. This Bill does not."

"So… so talk… talk me though the mechanism here. So, you're a landlord, and you've got a tenant who you believe that has committed a crime, and you want that person off you property. What do you have to do?"

"It wouldn't just be the belief of the landlord that criminal activity took place. This would require, I'm assuming, a police intervention in case of a felony or a Class A misdemeanor. It wouldn't just be a landlord claiming that criminal activity is taking place."

"All right. But… but the person has not been convicted, and so the charge has been made and now the landlord wants to evict the person. What is the mechanism? Do they still 09700063.doc 26  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 have to give a notice, just like if it was not un-paid rent?"

"Yes. The required notice that's being addressed in House Bill 1309, that's still current law now. So, that notification would have to take place and would be required to be followed."

"All right. So… and that doesn't change the notice requirements, the length, or how the notice is served?"

"No. This does not."

"All right. So it's just in essence another check box on the five day that says you've been charged with a crime we want you out of here and now there's a court case. Is that correct?"

"Yes. This Bill also requires that current law, the current language in the law requiring criminal activity on lease premises be attached to the lease. So that the tenant is notified in advanced at the time that they sign the lease that certain activities could jeopardize their lease."

"So it goes to a court room and then the only issue assuming there's… assuming the person's paid their rent and isn't being evicted for some other reason and then the only issue is whether they've committed this crime?"

"Yes, that's correct. That's current law."

"And the attorney for the landlord has to prove by clear and convincing evidence or preponderance of the evidence, whichever you said, that this person has committed the crime and then the eviction judge is given the authority to 09700063.doc 27  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 determine whether this person has committed this crime. Is that correct?"

"Yes, it is."

"And there could be a totally different result in that court room than in the other court room when the actual trial and the criminal case takes places. Is that also correct?"

"Yes. That is correct."

"So, what would have been the problem with making this Bill subject to conviction?"

"Part of the problem with that is it does not alleviate the problem that may exist. The amount of time it could take from when the criminal activity is taking place on the premises to the time a conviction could take place could be a long period of time, so that the problem is not resolved. And it's also two different standards between what the criminal court and the eviction court."

"Well, Representative, I almost always support your Bills and I would say I like supporting landlords who are trying to stop really nasty things going on on their premises, but I also believe in due process. I'm not sure this Bill provides appropriate due process. So, I don’t think I'll be able to support the Bill but thank you for answering my questions."

“Representative Mary Flowers."

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

"Sponsor yields."

"Representative, you're saying that the tenant does not have to be prove… found guilty of a crime. It could be 09700063.doc 28  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 just hearsay. And there's a possibility that he and his family or she and their… her family could be evicted on hearsay."

"No. Not hearsay. I… If I said that I misspoke. I don’t think I said that, but no, it would still require evidence."

"But if… if the family has not gone to court and been found guilty of the crime and you're saying that before they go to criminal court, they will be in eviction court because it may take a long period of time. They have not been found guilty of anything. It's just hearsay.

"They have not been found guilty in a criminal court of anything."

"So, why is it that they're being evicted?"

"Because of criminal activity on the premises."

"Who proved that they were the ones doing the criminal activity on the premises?"

"Who proved… who proved it? Was that your question?"

"Yes."

"Well, it would be brought before the court."

"Who would bring it before the court?"

"The landlord or the States Attorney."

"Where is the proof?"

"Well, the proof would most likely be in a police report."

"But he has not been found guilty of what's in the police report. Just because it is written because the… is strictly from hearsay because the landlord don’t necessarily have to live on the premise. So, someone had 09700063.doc 29  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 to report or make a call. So, its hearsay. It’s the tenants word against someone else's word."

"No, it's not hearsay. If someone is caught by the police engaged in criminal activity, that would be classified as a Class A misdemeanor or a felony, that is not hearsay. That police report, that arrest is not hearsay. That is proof of criminal activity taking place on the premises, which under current law… which under current law would allow for an eviction. So let's not misunderstand that. This is not changing current law. This is stating that current law must be included in the lease, so that the tenant is notified in advance at the time that they sign that lease agreement that certain criminal activity could jeopardize their lease agreement."

"According to the analysis, do the landlord have to notify the tenant?"

"Yeah, the current law would require that, yes. And this Bill does not address the notification timeline."

"So, I guess…"

"This… this Amendment was not adopted just so you know."

"Pardon me?"

"This Amendment was not adopted."

"Okay."

"In case you're looking at that Amendment."

"Okay. So one of the… I just want to get this straight. The tenant has not been found guilty of the crime. It's just been alluded because of a police report that was submitted in. He hasn’t gone to court. He hasn’t 09700063.doc 30  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 been found guilty and… but he can be evicted because of what the police report says. That’s number 1. Will the landlord have to return the security deposit and a portion of the rent?"

"I… I think it would depend on the situation. I'm assuming that if the tenant has the right to recoup that that they would. They do not forfeit it. It does state in the Bill. It does not… they would not have to forfeit it."

"I'm sorry. It does not forfeit the security deposit?"

"That is correct."

"And so what about someone that’s just visiting and the tenant was not aware of what the guest was doing. Maybe it was a friend with a guest and the tenant was not aware and the police report is made and the tenant is not aware of what's going on, these are just friends of friends. He will still have the possibility of being evicted because of what a friend of a friend has done?"

"It might depend on the circumstances surrounding whatever…"

"And… I… think that’s…"

"…would take place."

"…that’s the biggest problem that I have with what you're doing here, Representative. There's nothing concrete. You know, there's no innocent until proven guilty. Everything is subject to what someone else said or what is written on paper, and it's almost like the tenant has no voice. He or she has no opportunity to defend themselves, and if they're not aware of what their company 09700063.doc 31  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 is doing or whatever, I don’t think they should be held liable and I don’t think that their families should be in jeopardy of losing their roof over their head because of what someone else has to say. And there's… I just find all kinds of problems with this legislation. It's very vague, and I will be respectfully voting 'no'. Thank you."

“Representative Mathias."

"The former mayor yields, former mayor."

"Yes, that is correct."

"That is correct."

"That’s part of what were doing, yes."

"Yes, that’s correct."

"Yes, that’s correct."

“Chair recognizes Representative Jim Durkin."

“Representative DeLuca to close."

"Thank you, Mr. Speaker. And we certainly had a thorough debate on this issue. Two years ago, we had a Crime Free Housing Bill that would license and regulate landlords. It was very expansive. We did pass it in the House. It didn’t go anywhere. After that, last year passed a Bill scaled down very similar to what this language is, basically just requiring that the language that if criminal activity would take place on the premises that it could jeopardized you're lease, that that be included in the lease, which primarily is… of what this Bill does. Crime-free housing is not a simple issue as we're hearing today, and I'm finding out over the last two years of working on this. There's good points brought up on both sides. It's very complex. Some of the groups that have been involved in this and have worked closely with me, I thank them. We have worked tirelessly, whether it's on this Bill 1766 or 1309, which will be forthcoming. It's very complex and we put a lot of time and energy into trying to come up with a solution that solves the problem because there is a problem. And those people that might be living in a rental property in an environment that is not as comfortable as some of us may live in, and it may be for reasons beyond their control, but they have to live their daily life with a criminal element taking place and they deserve every right, just like everyone in this room does, 09700063.doc 34  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 to live in a safe and comfortable environment. And this piece of legislation helps get us to that point. So, I thank you for your indulgence, and I ask you for a 'yes' vote."

“Representative DeLuca moves for the passage of Senate Bill 1766. All those in favor signify by voting 'yes'; those opposed vote 'no.' The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Crespo. Mr. Clerk, take the record. On this Bill, there are 67 Members voting 'yes', 48 Members voting 'no', 3 voting 'present'. This Bill, now having received the Constitutional Majority, is hereby declared passed."

“The Chair recognizes the Gentleman from Kane, Representative Tim Schmitz, for a personal privilege."

“Mr. and Mrs. Schmitz, welcome to the Capitol. You do nice work. You've got a great son. Representative Jerry Mitchell, what purpose do you seek recognition, Sir?"

“Please proceed, Jerry."

“Jim, welcome to your Capitol. Representative Chapin Rose, on the order of the Third Readings, on page 6 of the Calendar, you have Senate Bill 1702. Read the Bill Mr. Clerk."

“Gentleman from Champaign, Representative Chapin Rose."

“Out of the quest… out of the record. Mr. Clerk, take that Bill out of the record. Representative David Reis, for what purpose do you seek recognition, Sir?"

“Representative, the Journal will reflect your wishes. Representative Ann Williams for what purpose do you seek recognition, Ma'am?"

"Thank you, Mr. Speaker. Point of personal privilege."

“Please proceed, Ann."

"I just wanted to announce and invite all Legislators to a reception tonight put on by the American Cancer Society, the American Lung Association, and a number of other groups to celebrate the number of legislative accomplishments this session and thank the Members for their help of cancer patients. And it's from 6 to 8 09700063.doc 36  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 tonight at HG's, which is formally Rummy's and hope to see you there."

Speaker Lyons: “Thank you, Representative. Representative Roger Eddy for what purpose do you seek recognition, Sir."

“State your Inquiry."

“I was wondering when somebody was going to ask that question, Representative Eddy." Eddy: I've tried to be patient."

"I'm… awaiting… I'm awaiting a direction from the home office in Room 300… "

"…so as soon as I find out Representative. I'll be…

"…as soon as the home office lets me know what direction to go in."

“Thank you, Representative sorry I couldn’t be more helpful."

Speaker Lyons: "Mr. Clerk, on Supplemental Calendar #1 is Senate Bill 1177. What's the status of that Bill, Mr. Clerk?" 09700063.doc 37  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011

"Hold that Bill on the order of Second Reading. What's the status of Senate Bill 1178?"

"Hold that Bill on the order of Second Reading. Mr. Clerk what's the status of Senate Bill 1179?"

"Hold that Bill on the order of Second Reading. Representative Dunkin, for what purpose do you seek recognition?"

"Thank you, Mr. Speaker. Point of clarification."

"State your point."

"On Senate Bill 1766, I wish to change my vote from a 'yes' to a 'no'. Thank you."

Speaker Lyons: "Mr. Clerk, the Journal will reflect your wishes. Representative Don Moffitt, for an announcement for personal privilege. Ladies and Gentlemen heads up."

"Thank you, Representative Moffitt, well done. Mr. Clerk, Agreed Resolutions."

"Representative Currie moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no', and in the opinion of the Chair the 'ayes' have it. And the Agreed Resolutions are adopted. And now seeing no further business to come before the Illinois House of Representatives, Representative Currie moves that the House stand adjourned to the hour of 1 p.m. on Wednesday, May 25. Allowing perfunctory time for the Clerk. All those in favor of adjournment signify by saying 'yes'; those oppose say 'no'. 09700063.doc 39  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/24/2011 In the opinion of the Chair, the 'ayes' have it. And the House stands adjourned 'til tomorrow, Wednesday, May 25 at the hour of 1 p.m. Better luck this time folks. Go Chicago Bulls. Have a great evening everybody."