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Illinois House Floor Debate — February 22, 2012

97th General Assembly (2011-2012) · Legislative day 105
Chamber
House
General Assembly
97th (2011-2012)
Date
February 22, 2012
Legislative day
105
Speaker turns
143
Original
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Joseph M. Lyons (D)

Speaker Lyons: "Good morning, Illinois. Your House of Representatives will come to order. Members are asked to please be at your desk. We shall be led in prayer today by Reverend Michael Brown, who is with the Universalist Unitarian Church in Peoria, Illinois. Reverend Brown is the guest of Representative Gordon-Booth. Members and guests are asked to please turn off laptops, shut off cell phones and all electronic paraphernalia and rise for the invocation and the Pledge of Allegiance. Reverend Brown."

Adam Brown (R)

"Good morning. It is a pleasure to be with you today. Let's take a moment for quiet meditation and prayer. Creative Spirit of life and love, Spirit of truth and justice, we give thanks today for the gift of life. We give thanks for family, friends, and colleagues, for the bountiful earth that nourishes us all. May we be faithful stewards of all we have been given. May we be mindful today of all those in need, of those with illness, those living in poverty, those in despair. May we find ways to help them regain their strength. We call to awareness all those who serve our country far away in dangerous wars. May they return safely home to their waiting families and friends. May those gathered here today to serve the people find within themselves the strength and wisdom needed to meet with creativity the fierce issues facing us. Help our leaders bring to these tasks their best selves, their better angels, their most far sided and selfless efforts to revive and restore the dignity of our rich history, and write new chapters of our shared story with integrity even in difficult times. In a society divided by beliefs, 09700105.doc 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 priorities and world views, help our leaders find creative pathways that transcend the culture wars and bypass the polarities, pathways that honor the worth and dignity of every person and lead to opportunity, freedom and fairness for every citizen. In a spirit of faith, we give thanks for all those who give their best to serve our common well- being for indeed, our fates are intertwined and we rise or fall together. May the work of this day flourish and lead us into new optimism. May our ideals guide our steps and lead us through the lean years back to the land of hope. In the name of all that is holy, we pray, Amen."

Joseph M. Lyons (D)

"Representative Penny, would you please lead us in the Pledge of Allegiance." Penny – 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."

Joseph M. Lyons (D)

Speaker Lyons: "Roll Call for Attendance. Leader Currie, Democrats."

Barbara Flynn Currie (D)

"Thank you, Speaker and Members of the House. Please let the record reflect that there are no excused absences among House Democrats today."

Joseph M. Lyons (D)

Speaker Lyons: "Thank you, Leader. Leader Michael Bost, Republicans?"

Mike Bost (R)

"Thank you, Mr. Speaker. Let the record reflect that Representative Dwight Kay is excused on the Republican side of the aisle today."

Joseph M. Lyons (D)

"Thank you, Mike. Mr. Clerk, take the record. There's a 117 Members responding to the Roll Call, a quorum 09700105.doc 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 is present. We're prepared to do the work of the people of the State of Illinois. Mr. Clerk."

Hollman

Clerk Hollman: "Committee Reports. Representative Dugan, Chairperson from the Committee on Agriculture & Conservation reports the following committee action taken on February 21, 2012: do pass Short Debate House Bill 3888, House Bill 4085, House Bill 4447, House Bill 4586, House Bill 4598; do pass as amended Short Debate House Bill 4117; recommends be adopted House Resolution 688. Representative Monique Davis, Chairperson from the Committee on Insurance reports the following committee action taken on February 21, 2012: do not pass pursuant to House Rule 22(g) House Bill 289. Representative Beiser, Chairperson from the Committee on Transportation: Regulation, Roads & Bridges reports the following committee action taken on February 21, 2012: recommends be adopted is House Joint Resolution 47. Representative May, Chairperson from the Committee on Environmental Health reports the following committee action taken on February 21, 2012: do pass Short Debate House Bill 2526, and House Bill 4606. Representative Berrios, Chairperson from the Committee on Consumer Protection reports the following committee action taken on February 21, 2012: do pass Short Debate House Bill 4119, and House Bill 4638. Representative Flowers, Chairperson from the Committee on Health Care Availability and Access reports the following committee action taken on February 21, 2012: recommends be adopted is House Res… Resolution 696, House Resolution 727, House Resolution 728, and House Resolution 735. Representative Chapa LaVia, Chairperson from the 09700105.doc 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 Committee on Ed… Elementary & Secondary Education reports the following committee action taken on February 22, 2012: do pass Short Debate is House Bill 4993. Representative Greg Harris, Chairperson from the Committee on Human Services reports the following committee action taken on February 22, 2012: do pass Short Debate is House Bill 4968; do pass as amended Short Debate is House Bill 5007. Representative Nekritz, Chairperson from the Committee on Judiciary I - Civil Law reports the following committee action taken on February 22, 2012: do pass Short Debate is House Bill 3960, House Bill 4032, House Bill 4991; and do pass as amended Short Debate is House Bill 4003. Representative D'Amico, Chairperson from the Committee on Transportation: Vehicles & Safety reports the following committee action taken on February 22, 2012: do pass Short Debate House Bill 3854, House Bill 4538, and House Bill 4660. Representative Zalewski, Chairperson from the Committee on Health Care Licenses reports the following committee action taken on February 22, 2012: do pass Short Debate is House Bill 4037. Instruction (sic-Introduction) of Resolutions is House Resolution 805, offered by Representative Unes."

Joseph M. Lyons (D)

"Mr. Clerk, Agreed Resolutions."

Hollman

Clerk Hollman: "Agreed Resolutions. House Resolution 762, offered by Representative Ford. House Resolution 763, offered by Representative Howard. House Resolution 764, offered by Representative Dunkin. House Resolution 765, offered by Representative Dugan. House Resolution 766, offered by Representative Jefferson. House Resolution 768, 09700105.doc 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 offered by Representative Flowers. House Resolution 769, offered by Representative Senger. House Resolution 771, offered by Representative Flowers. House Resolution 772, offered by Representative Berrios. House Resolution 773, offered by Representative Ford. House Resolution 779, offered by Representative Will Davis. House Resolution 780, offered by Representative Cross. House Resolution 784, offered by Representative Jefferson. House Resolution 785, offered by Representative Cross. House Resolution 786, offered by Representative Howard. House Resolution 787, offered by Representative Coladipietro. House Resolution 789, offered by Representative Jackson. House Resolution 792, offered by Representative Durkin. House Resolution 793, offered by Representative Cross. House Resolution 794, offered by Representative Beiser. House Resolution 796, offered by Rep… Representative Sacia. House Resolution 797, offered by Representative Dan Burke. House Resolution 799, offered by Representative Ford. House Resolution 800, offered by Representative Brady. House Resolution 801, offered by Representative Cross. House Resolution 802, offered by Representative Will Davis. House Resolution 803, offered by Speaker Madigan. And House Resolution 804, offered by Speaker Madigan."

Joseph M. Lyons (D)

Speaker Lyons: "Leader Barbara Flynn Currie moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Speaker Madigan in the Chair." 09700105.doc 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012

Michael J. Madigan (D)

"The House shall come to order. The House shall come to order. The Members shall take their seats. The regular Session will stand in recess. The Doorkeeper is recognized for an announcement."

Doorkeeper Crawford

Doorkeeper Crawford: "Mr. Speaker, the Honorable President Cullerton and the Members of the Senate are at the door and seek admission to the chamber."

Michael J. Madigan (D)

"Mr. Doorkeeper, please admit the Honorable Senators. As designated in House Joint Resolution 61, the hour of 12 noon having arrived, the Joint Session of the… of the 97th General Assembly will now come to order. Will the Members of the House and our guests from the Senate please take their seats? Mr. Clerk, is a quorum of the House present?"

Hollman

"A quorum of the House is present."

Michael J. Madigan (D)

"Mr. President, is a quorum of the Senate present in this chamber?"

President Cullerton

"Thank you, Mr. Speaker. A quorum of the Senate is present."

Michael J. Madigan (D)

"There being a quorum of the House and a quorum of the Senate in attendance, this Joint Session is convened. We'd like to acknowledge and welcome some distinguished guests who have joined us today. First, the Lieutenant Governor of Illinois, Sheila Simon; the Attorney General, Lisa Madigan; the Secretary of State, Jesse White; the Comptroller, Judy Topinka; the Treasurer, Dan Rutherford; the Auditor General, Bill Holland; the Superintendent of Education, Chris Koch; Chief Justice of the Illinois Supreme Court, Justice Thomas 09700105.doc 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 Kilbride; the Chair of the Illinois Arts Council, Shirley Madigan. The Chair recognizes the Majority Leader, Representative Currie."

Barbara Flynn Currie (D)

"Thank you, Speaker. I move for the adoption of Joint Session Resolution 3."

Michael J. Madigan (D)

Speaker Madigan: "Mr. Clerk, read Joint… Joint Session Resolution 3."

Hollman

"Joint Session Resolution #3. RESOLVED, That a committee of ten be appointed, five from the House, by the Speaker of the House, and five from the Senate, by the President of the Senate, to wait upon The Honorable Governor of the State of Illinois and invite him to address the Joint Assembly."

Michael J. Madigan (D)

Speaker Madigan: "Representative Currie has moved for the adoption of the Resolution. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Resolution is adopted. Pursuant to the Resolution, the following are appointed as a Committee of Escort to escort the Governor. From the House the appointments would be: Representative Feigenholtz, Representative Hernandez, Representative Penny, Representative Mathias, Representative Moffitt."

President Cullerton

"Thank you, Mr. Speaker. The appointments from the Senate are: Senator Maggie Crotty, Senator Emil Jones III, Senator AJ Wilhelmi, Senator Tom Johnson, and Senator Suzi Schmidt."

Michael J. Madigan (D)

"Will the Committee of Escort please convene at the rear of the chamber and await his Excellency, the Governor. So, will the Committee of Escort please retire 09700105.doc 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 to the rear of the chamber. The Doorkeeper is recognized for an announcement."

Doorkeeper Crawford

"Mr. Speaker, the Honorable Governor of the State of Illinois, Patrick J. Quinn, and his party, wish to be admitted to this chamber."

Michael J. Madigan (D)

"Admit the Honorable Governor. Ladies and Gentlemen, let's take our seats. Please be seated. Mr. Governor."

Governor Quinn

"Okay. Thank you very much. It's a… an honor to be here today in the people's house. I want to thank everyone for coming, and I do want to acknowledge our elected officials: President Cullerton, and Speaker Madigan, Leaders Radogno and Cross, Lt. Governor Simon, and Attorney General Madigan, Secretary White, Treasurer Rutherford, and Comptroller Topinka, the Members of the General Assembly. I know Justice Kilbride is here. Welcome. We thank our Auditor General, Bill Holland, as well as our Superintendant of Education, Chris Koch. All the distinguished guests and the fellow citizens of Illinois, I'm here today to submit to you our budget for fiscal year 2013. I'm here today to tell you the truth. This budget contains truths that may not be what you want to hear, but these are truths that you do need to know. And I believe you can handle the truth. On November 2 of 2010, the people of Illinois elected me to be honest and straight with them and with you. And the truth is, that over the last 35 years too many Governors and Members of the General Assembly have clung to budget fantasies rather than confronting hard realities. And especially with 09700105.doc 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 respect to pension and Medicaid investment. So today, a rendezvous with reality has arrived. We must navigate our budget out of the past decades of poor fiscal management and deferring bills to the future, and empty promises. We must achieve fundamental and lasting budget reform and we must do it now. And in this budget, I'm proposing very serious spending reductions and efficiencies across state agencies and constitutional offices. But for these reductions to work, we must also stabilize and strengthen our public pension systems once and for all. We must fundamentally restructure our Medicaid program and we must rebalance and move our most vulnerable citizens from institutions to community care. But these cuts and these reforms are not enough. We must also grow and build our economy. And my paramount priority at all times is economic growth and jobs for the people of Illinois. That's why this budget invests more in education from birth to university. I believe jobs follow brain power. And that's also why this budget emphasizes our commitment to public works because I believe that jobs follow solid infrastructure. And I want to thank the members of our new Budgeting for Results Commission. It's comprised of our budget officials, and Legislators, and volunteer citizens. The Budgeting for Results process focused all of us on our core priorities and increased openness in the entire budget process. And Senator Dan Kotowski, chairman of the commission, thank you very much. You worked closely with Senator Pam Althoff, Representative Will Davis, Representative Kent Gaffney, former Budget Director Steve 09700105.doc 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 Schnorf, and many, many more including Roger Myerson, a recipient of the Nobel Prize for Economics. Like these commission members, I believe in a timeless American truth. There is no problem that we cannot solve if we put our hearts and minds to it. And since I've been Governor, we've already defied the doubters by working together to enact landmark reforms; like no-nonsense ethic standards; like reforming the workers' compensation and unemployment insurance systems; like cutting red tape for employers who need environmental permits; like overhauling workplace rules at McCormick Place; and like our new education reform law that is a model for the nation. Each of these historic reforms demonstrated the power of bringing everyone to the table to repair broken systems. Now, we must apply the same collaborative approach to strengthening and stabilizing our public pension systems. We took the first step in 2010 when we overhauled pension rules for new employees. Now, these changes will save taxpayers billions of dollars over the next generation, but we have a lot more work to do. And since I've been Governor, these last three years, we have paid exactly what the law required us to pay into the pension system. But for decades, paying what's necessary for a stable pension system did not happen in Illinois. Previous Members of the General Assembly and previous Governors did not invest the proper amount into the pension system. Indeed in the past, the General Assembly even increased retiree benefits without sufficient revenue to pay for these benefit increases. Previous Legislators and previous Governors even awarded taxpayer 09700105.doc 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 funded health insurance benefits to themselves and to 82 thousand retirees, where 90 percent of them pay nothing on their health insurance premiums. This lack of fiscal accountability has cost us dearly today. This year's General Revenue Fund payment for public pensions is $5.2 billion; triple what it cost in fiscal year 2008. Today, our pension payments take up 15 percent of our entire General Revenue Fund. That's compared to 6 percent only a few years ago. We must stabilize and strengthen our pension systems to prevent them from swallowing up our core programs in education, in health care, and in public safety and to ensure that we can pay all our bills. So, we do need to do pension reform in a way that's meaningful, that's constitutional, and fair to the employees who have faithfully contributed to the system. We can do this in a way that does pass constitutional muster, but everything has to be on the table. Together, we've assembled a pension working group including Senator Mike Noland, Senator Bill Brady, Representative Elaine Nekritz, and Representative Darlene Senger to work with our office to address the fiscal issues affecting our three major public pension systems. At my direction, this group is working with all interested stakeholders to solidify a framework for solving our pension challenges. And I have set Tuesday, April 17, as the deadline for submitting their blueprint. And I want to repeat, everything is on the table for our pension working group. That includes historical funding practices, employer contributions, employee contributions, the retirement age, and the cost-of-living 09700105.doc 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 adjustment. When it comes to solving our pension challenges, everybody must be in and nobody left out. And it should be noted that only 22 percent of the $5.2 billion pension cost this year is actually for the retirement costs of state employees. More than three-quarters of this pension cost is for non state employees. From suburban and downstate teachers to our university and community college employees, every unit of government has a stake in this mission. We must repair this broken system and we must do it now. It is imperative to get this job done this year for our state to move forward. Now, we also need to move forward to fundamentally restructure our Medicaid program, which is on the brink of collapse. Medicaid provides health care to 2.7 million people in Illinois. Seniors, people with disabilities, young children, newborns, they're all part of Medicaid. More than half of the babies, Illinois babies born today, are covered by Medicaid. So, it's vitally important that we restructure Medicaid so that it’s always there for our neighbors who need it. And unfortunately, at the end of the current fiscal year, Illinois will have $1.9 billion in unpaid Medicaid bills. Let’s be clear, last year’s appropriation by the General Assembly for Medicaid fell $1.9 billion short of what Medicaid actually cost. Illinois is the only state that intentionally kicks its current Medicaid bills into future fiscal years. We cannot allow this to continue. Look at the recent report of the Civic Federation; they reach the same conclusion. They project, the Civic Federation, $21 billion in un… unpaid Medicaid bills by 2017, 21 billion, 09700105.doc 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 if fundamental restructuring is not implemented immediately. We have to rescue the Illinois Medicaid program. In order to do that, we must reduce expenditures in the program by $2.7 billion in this coming year. And in order to reduce cost pressures, we need to re… reconsider the groups that are eligible for Medicaid. We have to reconsider the services we cover under the program, the utilization of these services and the way and the amount that we pay for them. Let me repeat, we must address eligibility, services, utilization and payments to bring Medicaid spending in line with appropriations. And we must protect against fraud and abuse in the Medicaid system. Now, I have the utmost respect for the doctors, clinics, hospitals, nursing homes, and pharmacists who provide care under the Illinois Medicaid program, often, often, under very challenging circumstances. But it is the respect for these providers that motivates me to act to save the entire program from collapse. We must ensure that there will still be a Medicaid program in Illinois. We have a Medicaid working group consisting of Senator Heather Steans, and Senator Dale Righter; Representative Sara Feigenholtz, and Representative Patti Bellock; along with our Healthcare and Family Services Director, Julie Hamos and together we must follow our roadmap for Medicaid restructuring to find the right combination of liability reductions, modernized eligibility standards, utilization controls, rate reduction, acceleration of integrated medi… managed care, and the coordination of long-term programs. In order to properly manage our Medicaid spending, we will 09700105.doc 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 engage you every day until we create an affordable and high quality Medicaid program that’s sustainable for this year and for years to come. Medicaid spending must be restructured to keep the system alive and well. This is not something you can blithefully delay for another year. Don’t plan on going home for the summer until we get this job done. And I believe in a decent quality of life for everyone in Illinois. And that’s why we must fix our Medicaid system. That’s also why I'm committed to improving the quality of life for people with developmental disabilities and mental health challenges. Our budget includes funding to ensure smooth transitions and coordinated care as individuals go from costly institutions to supportive community settings. Illinois lags behind the rest of the nation in the utilization of person-centered, community-based care which has been demonstrated to allow people with developmental disabilities to lead more active and independent lives. Over the next fiscal year, we will close two developmental disability centers: Jacksonville, as well as the Murray Developmental Center in Centralia. We will close two mental health hospitals: Tinley Park, as well as Singer in Rockford. The approach we are taking to rebalance our system will allow for the safe and smart transition to community care settings for our most vulnerable citizens. We will compl… comply with all court consent decrees. We will provide individualized care. And we will achieve savings for the people of Illinois. Now, in providing more access to community care with these closures, our budget acknowledges fiscal reality by closing 09700105.doc 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 or consolidating 59 other state facilities. In Juvenile Justice, Joliet and Murphysboro youth centers will be closed. In the Department of Human Services, 24 local offices across the state will be consolidated. In Agriculture, the department’s Centralia lab will be consolidated with the lab in Galesburg. The State Police forensic lab in Carbondale will be consolidated with the new forensic lab in Belleville, as soon as it's completed. And the 20 State Police telecommunications centers, they'll be consolidated to four centers in Chicago, Springfield, Sterling, and Du Quoin. This will allow us to train two new State Police cadet classes in the coming fiscal year. We will consolidate four state garages in Central Management Services and three offices in the Department of Children and Family Services. The Department of Corrections will close six adult transition centers: Crossroads Chicago, West Side Chicago, Decatur, Aurora, Peoria, and Carbondale. And finally, the Corrections Department will close two prisons: Tamms and Dwight. These 59 closures and consolidations are hard but necessary. They impact every region in our state, but the need for lower spending in our budget gives us no choice. In times like these, we must be accountable and responsible. And since taking office, I have reduced discretionary spending more than any Governor in recent memory. Our friends at the Civic Federation have pointed out that our general funds operating budget today is less than in fiscal 2008. This is the key area in the budget that the Governor has the most ability to cut spending. And we've already 09700105.doc 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 achieved close to $200 million in annual savings by reducing the number of state employees. There are 2,200 fewer state employees now than when I took office in January of 2009. And this year, we'll reduce the number of state employees even further. In addition, we’ve consolidated and eliminated lease space, especially in the Chicago area. We've saved more than $43 million a year in so doing, and we reduced lease space by nearly 2 million square feet. More than 20 percent of State Government’s lease space has been totally eliminated since I took office. And when we talk about reductions, I… I know that it's important to lead by example. This year, I’m cutting the Governor’s Office budget by 9 percent and I've called on other Constitutional Officers to do the same. Overall, our general revenue budget in the coming year calls for $425 million less in agency spending than last year’s budget. But there's one area we are not cutting, that's our budget for veterans. We are increasing direct care staff at our four veterans homes at Manteno, at LaSalle, at Quincy and at Anna. And we're doing more to address post- traumatic stress disorder, the signature injury of the conflicts our country is in right now. Now, Illinois servicemembers and our veterans are our heroes, pride of our nation and we have a duty on the home front to take good care of those who have borne the battle. That's why I urge you to promptly pass the Hiring Veterans Tax Credit. This tax credit will create jobs for our young Illinois veterans who have served our state and our country with exemplary honor. It’s our turn to serve them with a good 09700105.doc 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 job and decent health care. Another area that we are not cutting is education. I believe in the power of education to create opportunity for everyone in our society and that's why I have maintained our basic investment in education despite extremely hard times. No state is going to out-educate Illinois, as far as I'm concerned. I believe in early childhood education, in special education, bilingual education, in kindergarten through twelfth grade education, community college education, and university education. This year’s budget calls for close to $9 billion in education spending with priorities on early childhood education and scholarships for qualified students who have been admitted to college, but have financial need. At a time when student loan debt is more than credit card debt, too many deserving Illinois students are denied access to higher education because they can't afford it. That’s why this budget allows for $50 million more in additional investment in our Monetary Assistance Program, to help our bright young students attend college. Right now, nearly 150 thousand Illinois students received, this past year, state MAP scholarships to attend college. But just as many qualified applicants were denied because of lack of funding. We must invest in their brainpower. And by the same token, we cannot overlook the importance of early childhood education. Learning begins at birth, and those first years of a child’s life are the most important. Research has shown that without an early learning foundation children fall behind in school. In Illinois, we can’t leave our youngest behind. You only get one chance 09700105.doc 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 to be four years old and we want to make sure that four- year-old has early childhood education. And that’s why my budget includes an additional $20 million investment in early childhood education this year. And to ensure that all students are receiving a quality education, we need to make sure that they have quality schools. Last Thursday, I announced our school construction and repair initiative for 2012. As part of Illinois Jobs Now, our program, we are investing $623 million in school districts all across Illinois to update their facilities and to make critical repairs. Our school initiative will create 4 thousand construction jobs and it will help students and teachers in: St. Charles, and Harvard, and Wheaton, Peoria, Huntley, Orland Park, Brookfield, LaGrange Park, Crete-Monee, Millstadt, Knoxville, Wilmington, Berwyn, Trenton, Stark County, Virginia, Skokie, Burbank, Union County, Manhattan, Paris, Homer Glen, Gurnee, Raymond, Spring Valley, Rochelle, Ramsey, Mt. Vernon, Hazel Crest, Markham, Calumet Park, Marion and Chicago. I urge you to authorize the rest of our Illinois Jobs Now Program so I can call out more schools next year, so we can continue to build and repair our schools, and our highways, and our bridges. I look forward to working with you to find the proper funding to meet our ongoing capital needs. And I also look forward to working with you to find revenue to pay our bills and to provide targeted tax relief for those who need it. Now let us begin this process with a thorough review and search for loopholes in the Illinois Revenue Code. For too long, we’ve had a Revenue Code that looks like Swiss cheese, with 09700105.doc 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 plenty of loopholes for the powerful. Many of these loopholes are based on politics, not economics, many are outdated and ineffective for job creation. For example, why does Illinois give big oil companies the privilege of declaring their oil derricks in the Gulf of Mexico to be foreign countries? They are not paying their fair share of Illinois corporate income tax. And this corporate tax loophole does not create any Illinois jobs, but it does cost our State Treasury $75 million a year. We want a Tax Code that fosters economic growth and fairness, not just windfalls for big oil companies. That’s why I have instructed my Revenue Director, Brian Hamer, to meet with Legislative Leaders of both Houses and of both Parties to identify and close unnecessary loopholes. Part of the loophole review can be used to provide targeted tax relief for hardworking families and businesses across Illinois. By taking on the loophole lobby, we can find the revenue to permanently abolish the natural gas utility tax. This tax relief helps both employers and consumers. And who needs targeted tax relief more? The loophole lobby or the 1.4 million families in Illinois who will benefit from our proposed Child Tax Credit. It’s time to apply the same scrutiny to loopholes in the Revenue Code as we do for expenditures in the operating budget. We all know that Illinois needs to pay down the backlog of bills that has accumulated over decades. Why not a moratorium on unfair loopholes in the Tax Code as an important way to pay the bills faster. We have major budget issues in our state to quare… to squarely address in the coming weeks: pension 09700105.doc 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 stabilization, Medicaid restructuring, and fundamental tax reform. The people of Illinois are counting on us to meet these challenges head-on and to get the job done. Confronting hard truth is what public service is all about. During World War II, my father served in the United States Navy for 3 years, 1 month, and 15 days. The sailors had a motto: 'We Stick—We Win!'. Americans know when we stick together and work for the common good, we all come out ahead. We all win. Loyalty to the common good is more important in Illinois today than loyalty to your caucus or loyalty to your lobbyist. It’s time to put progress ahead of politics in Illinois, and together we can make the will of the people the law of the land. Thank you very much."

Michael J. Madigan (D)

"Will the Committee of Escort please convene to escort the Governor from the chamber. The Chair recognizes the Senate President."

President Cullerton

"Thank you, Mr. Speaker. I move that the Joint Session do now arise."

Michael J. Madigan (D)

"The President of the Senate has moved that the Joint Session do now arise. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. And the Joint Session will now arise. The regular Session will come to order. Mr. Lyons in the Chair."

Joseph M. Lyons (D)

"The House regular Session will come to order. Representative Ann Williams on Concurrence… Nonconcurrence Motion. Ladies and Gentlemen, on page 3 of the Calendar, we're going to read through these several House Bills that are already on Third Reading. So, if you're looking at page 3 of the Calendar, kind of follow with me to see if 09700105.doc 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 you'd like to move your Bill. We will be happy to accommodate you, and we'll start with House Bill 3045, Representative Jakobsson. Naomi, would you like to move House Bill 3045? It's on Third Reading. Read the Bill, Mr. Clerk."

Hollman

"House Bill 3045, a Bill for an Act concerning civil law. Third Reading of this House Bill."

Joseph M. Lyons (D)

"Representative Naomi Jakobsson."

Naomi D. Jakobsson (D)

"Thank you, Mr. Speaker. May I have just one second, please? Mr. Speaker, for some reason my computer is not cooperating right now. Can I come back to this in a couple of minutes?"

Joseph M. Lyons (D)

"Sure. We'll accommodate you, Naomi. We'll come back. Page 3 of the Calendar, continue with Representative Costello. You have House Bill 3802. We'll come back. We'll come back to Representative Costello. Representative Chapa LaVia, on House Bills-Third Readings, you have House Bill 3819. Read the Bill, Mr. Clerk."

Hollman

"House Bill 3819, a Bill for an Act concerning education. Third Reading of this House Bill."

Joseph M. Lyons (D)

"Representative Chapa LaVia."

Linda Chapa LaVia (D)

"Thank you, Speaker and Members of the House. House Floor Amendment #2, all it does is… it amends… it adds topic for the Advisory Council on Bilingual Education to include that the advisory council must address whether and how the bilingual parent advisory committee, that already exists, to support and utilize for feedback for districts with bilingual education, but it also changes the School Code Section related to parent advisory committee, 09700105.doc 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 which school districts must establish and consult regarding their bilingual programs. It provides that once these committees are established they must autonomously carry out their affairs, including the elect… the election of officers, and establish rules, guidelines, and procedures. And this is under the advisory council. So, it just amends the advisory council, asking them to do this work. And I'll take any questions."

Joseph M. Lyons (D)

"You've heard the Lady's explanation. Is there any discussion? The Chair recognizes Representative Roger Eddy."

Roger L. Eddy (R)

"Thank you, Speaker. Inquiry of the Chair?"

Joseph M. Lyons (D)

"State your inquiry, Sir."

Roger L. Eddy (R)

"Representative mentioned a Floor Amendment. I… our records indicate Committee Amendment #2 was adopted yesterday and it was moved. So, there's no Floor Amendment. Is that correct? We aren't dealing with a Floor Amendment here."

Joseph M. Lyons (D)

"Mr. Clerk."

Hollman

"Floor Amendment #2 was adopted. Oh, Committee Amendment #2 was adopted previously."

Roger L. Eddy (R)

"So, it was adopted yesterday and it was put on Third, and there's not a Floor Amendment."

Joseph M. Lyons (D)

"Correct."

Roger L. Eddy (R)

"Okay. She had mentioned a Floor Amendment and I wanted to just clarify it. Thank you."

Joseph M. Lyons (D)

"Seeing no further discussion, the question is, 'Should House Bill 3819 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is 09700105.doc 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brauer, Sullivan like to be recorded? Rich, you having trouble with the switch? We'll look… okay. Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Chuck Jefferson, for what purpose do you seek recognition, Chuck?"

Charles E. Jefferson (D)

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

Joseph M. Lyons (D)

"Please proceed, Leader."

Charles E. Jefferson (D)

"Thank you. Just a reminder to the Membership that we are having our annual soiree this evening at the Governor's Mansion, and I would encourage all Members, hopefully, to be there. But if you are going to be there, there's limited capacity at the Governor's Mansion, so I would suggest that you arrive by 6:00 or sooner because they might close the gates. We hope we see everyone there, but arrive on time. The program starts at 6:00. Thank you."

Joseph M. Lyons (D)

Speaker Lyons: "Six o'clock, the soiree at the Governor's Mansion. Thank you, Leader. Back on the Order of Third Readings, on page 3 of the Calendar, House Bill… Representative Greg Harris, you have House Bill 3935. Read the Bill, Mr. Clerk."

Hollman

"House Bill 3935, a Bill for an Act concerning regulation. Third Reading of this House Bill."

Joseph M. Lyons (D)

"Representative Greg Harris." 09700105.doc 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 Harris, G.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a piece of legislation which protects Illinois based businesses who are operating legally in the installment loan business. It also protects Illinois consumers. As you know, we have had previous legislation in the past to protect consumers from predatory loan practices, and there are more than 2 thousand lenders who are residences… businesses in the State of Illinois who comply with our rules and regulations. However, like so many other things now, there are over 8 million unlicensed vendors which operate on the Internet, most of them are foreign corporations outside, not only the State of Illinois, but also the United States of America. They do not operate in accord with our laws, our rules, our procedures. They take business away from our community lenders and they victimize our constituents who have no legal recourse. What this piece of legislation says is if you're a lender outside of our jurisdiction who is not operating legally, then there is no obligation for the person who borrows the money to pay you back. Other states have enacted this such as Indiana, Vermont, Arizona and these illegal lenders have found ways to stop doing businesses in those states or become licensed and do business according to the laws of those states. I would respectfully request an 'aye' vote."

Joseph M. Lyons (D)

"You've heard the Gentleman's explanation on House Bill 3935. The Chair recognizes the Gentleman from Lake, Representative Sullivan."

Ed Sullivan Jr. (R)

"Thank you, Mr. Speaker. Will the Sponsor yield?" 09700105.doc 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012

Joseph M. Lyons (D)

"The Sponsor yields."

Ed Sullivan Jr. (R)

"Representative, we… we had this Bill come through committee and… and there was some discussion and some subtle opposition to it. We… we talked about the fact that you could go out and get one of these loans and then, under this legislation, we would not require the person to pay back either the principal or the interest if they… the… the institution was not… did not fall under the licensing provisions of Illinois." Harris, G.: "If the corporation or the organization was operating illegally, outside of our laws, then you would not be obligated to pay them back. That is true."

Ed Sullivan Jr. (R)

"There are…" Harris, G.: "If…"

Ed Sullivan Jr. (R)

"There are other states that have these Bills, but in some instances, they would allow for the recapture of the principal at the very least, and your Bill does not allow that… or can say that they don't have to capture the principal." Harris, G.: "A minority of the states who have similar legislation allow that recapture. My position is if you're going to operate outside of our laws, our laws should not protect you."

Ed Sullivan Jr. (R)

"Under the provisions currently in existence, the loans can be anywhere from 400 to 40 thousand dollars as a high end." Harris, G.: "Those are the risk… constraints already in law. Yes." 09700105.doc 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012

Ed Sullivan Jr. (R)

"Okay. Thank you. To the Bill. Ladies and Gentlemen, the Gentleman has an idea to try and get people to conform to our laws and our licensing procedures. In theory, it's not a bad idea. My personal problem is that you can now go out under this law, borrow money from somebody, and our law will say, well, you don’t have to pay it back because they failed to potentially license themselves properly. So, with that, I… I still stand in opposition to the Bill. I would be more than happy to work with the Sponsor to try and have the Bill amended to allow, for the very least, the recapture of the principal interest. So, that's why I stand in opposition. Thank you."

Joseph M. Lyons (D)

"Leader Lou Lang."

Lou Lang (D)

"Thank you. Will the Sponsor yield?"

Joseph M. Lyons (D)

"The Sponsor yields."

Lou Lang (D)

"Representative, as I… I know you're aware there were negotiations for a long period of time regarding payday loans, and we finally got through this General Assembly and signed by the Governor, a dramatic reform of this industry. Is there anything in this Bill that changes any of the items that were in that reform package?" Harris, G.: "No, there are not. And if you check your analysis, you'll find that the payday loan lenders and the cash advance lenders who are legally doing business in our state support this legislation."

Lou Lang (D)

"And Citizen Action, who was involved, supports this…" Harris, G.: "Citizen Action…"

Lou Lang (D)

"…the Attorney General supports this." 09700105.doc 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 Harris, G.: "…the Attorney General supports this, yes."

Lou Lang (D)

"So, all of the players that were involved in those negotiations support this legislation?" Harris, G.: "Yes. And… yeah, I… I believe that it's good legislation and to my former… the colleague who spoke a moment before a point. This takes effect in January of 2013. It would give even those who are out of state, not operating under our laws, plenty of notice that the law was about to change so that they would not fall victim to this circumstance that he mentioned about nonpayment."

Lou Lang (D)

"So, one additional question. It's sort of on the lines of Mr. Sullivan's question, although, I tell you, I intend to vote for your Bill…" Harris, G.: "Yes."

Lou Lang (D)

"…but why was there not consideration… or perhaps there was consideration… given to having these unlicensed folks forfeit the interest but still have the principal paid back. In other words, what is the public policy behind having someone that borrows this money not pay it back at all?" Harris, G.: "Well, the public policy is simply that why would we use the power and the law of the State of Illinois to support those who are operating illegally. We would not use the power of the State of Illinois to require someone to pay back their drug dealer who's operating illegally. Why would we use the power of the State of Illinois to pay… force somebody to pay back an illegally operating business with the…"

Lou Lang (D)

"Very well said." 09700105.doc 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 Harris, G.: "Thank you."

Lou Lang (D)

"Thank you, Representative."

Joseph M. Lyons (D)

"Representative Roger Eddy."

Roger L. Eddy (R)

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

Joseph M. Lyons (D)

"The Sponsor yields."

Roger L. Eddy (R)

"Thank you. Representative, I… I want to clarify a point that I think we've tried to clarify here related to the principal. Not… the individual who have… has taken out the loan having the ability not to pay back the principal that… that's…" Harris, G.: "That would be…"

Roger L. Eddy (R)

"…that they are responsible for?" Harris, G.: "That… that would be what this Bill would do. This is why we give until January of 2013, so that potential lenders would have more than adequate notice that the law was about to change in Illinois; that if they made a loan after the effective date of this legislation, that their principal might not be repaid, and they could change their practices accordingly. If you go on your Google right now, Representative, and look at the 8 million or so hits for payday lenders, most of whom who are not licensed by our state, you will note that they have all figured out that the other states have taken this action and they no longer do business with the citizens of those state. And that's what we want here, is either they get licensed and follow our law or they take their illegal business elsewhere."

Roger L. Eddy (R)

"So, if… if an individual takes out a loan with a payday loan firm, and today those loans are already in force as of 09700105.doc 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 the effective date of your Bill, those individuals are still responsible for the principal?" Harris, G.: "This law takes effect, if you'll look at the date, January of 2013, yes."

Roger L. Eddy (R)

"So… so… so, basically what you're saying is, that after this certain date, it's okay not to pay the principal back on your loan. But before that date, it's not okay, but all of a sudden, it's okay not to be responsible for a loan that you took out and that you understood, I assume, at the time you took it out? You're just freeing them of their responsibility to pay back a loan." Harris, G.: "What I'm saying is, there are a lot of lenders in this state who operate within our laws, who are licensed and they're protected. There are people who are operating illegally. Why should we use the force of law to protect their illegal operations."

Roger L. Eddy (R)

"Does this legislation only apply to unlicensed, illegal payday loan operations…" Harris, G.: "Yes."

Roger L. Eddy (R)

"…or does this apply to all payday loan operations in the state?" Harris, G.: "Only to unlicensed, illegal payday loan op…"

Roger L. Eddy (R)

"Okay. So, why is it legal today, if a company is unlicensed and not legally providing loans, why would someone be liable for paying them back?" Harris, G.: "Because there is nothing in Illinois law right now that governs this situation."

Roger L. Eddy (R)

"So, our laws right now don't… don't make it acceptable or… or legal for someone who has taken out a… a loan, a 09700105.doc 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 payday loan, by a corporation that isn't legally licensed or legally doing business from receiving from the… the person who took out the loan, the illegal loan?" Harris, G.: "There… if you look at… yeah. I'm… I'm not sure I understand your question. If someone goes on the Internet and searches, most people probably do not know to go and check with the Division of Financial Institutions or the Attorney General to find out if that lender happens to be one of the many thousands of legitimate businesses who operate in our communities. They're brick and mortar businesses. They employ our people. They do business the right way. People go on the Internet; they usually do not have that level…"

Roger L. Eddy (R)

"Okay." Harris, G.: "…of care and discretion and they do, in fact, borrow that money."

Roger L. Eddy (R)

"Okay. So, even with the effective date of your Bill, anyone who takes a loan out from a legally licensed payday loan provider those individuals will still be liable to pay their loans." Harris, G.: "They are abso…"

Roger L. Eddy (R)

"It's only if… if they take a loan out from someone who's not licensed and is illegally practicing." Harris, G.: "Absolutely. If pe… if they borrow from people who are licensed, doing business under the State of Illinois, they must meet their obligations."

Roger L. Eddy (R)

"Okay. Thank you."

Joseph M. Lyons (D)

Speaker Lyons: "Seeing no one is to speak, Representative Harris to… to close." 09700105.doc 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 Harris, G.: "Thank you, Mr. Speaker. Again, this is a piece of legislation which I believe protects the business people in our community who abide by our laws. It gives a tool to our court system and our banks to protect our constituents who are victimized by illegal operations. This only addresses those companies that are operating illegally and protects those institutions who operate within our laws. I ask for an 'aye' vote."

Joseph M. Lyons (D)

"The question is, 'Should House Bill 3935 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? Brady, Nybo, Sosnowski, Winters, like to be recorded? Mr. Clerk, take the record. On this Bill, there are 90 Members voting 'yes', 27 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Renèe Kosel, you have, on Third Readings, House Bill 4076. Read the Bill, Mr. Clerk."

Hollman

"House Bill 4076, a Bill for an Act concerning regulation. Third Reading of this House Bill."

Joseph M. Lyons (D)

"Leader Renèe Kosel."

Renée Kosel (R)

"Thank you, Mr. Speaker. This Bill is in response to a change from the Federal Department of Education to allow the local schools of barber, cosmetic, hair braiding, and nail techs to be eligible for the federal student aid program by adding a definition and accreditation of those schools into our statute. They are already accredited and then controlled by the Department of Professional 09700105.doc 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 Regulations. This just will align them with the federal standard. And I'd ask for your approval."

Joseph M. Lyons (D)

"You've heard the Lady's explanation on House Bill 4076. Is there any discussion? The Chair recognizes the Gentleman from Jackson, Representative Mike Bost."

Mike Bost (R)

"Mr. Speaker, I'll be voting 'present' for a potential conflict of interest."

Joseph M. Lyons (D)

Speaker Lyons: "Thank you, Leader Bost. Seeing no further discussion, all those in favor of the passage of House Bill 4076 signify by say… 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 Dunkin, Krezwick, like to be recorded? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Naomi Jakobsson, we're back to you on House Bill 3045. Read the Bill, Mr. Clerk."

Hollman

"House Bill 3045, a Bill for an Act concerning civil law. Third Reading of this House Bill."

Joseph M. Lyons (D)

"Representative Jakobsson."

Naomi D. Jakobsson (D)

"Thank you, Mr. Speaker. House Bill 3045 amends the Illinois Domestic Violence Act. It allows the courts to place certain pre… prohibitions on a petitioner who receives an order of protection to stay away from the respondent and not harass the respondent. This is not a mutual order of protection that's specified in the Bill, more than once, but it is to keep the petitioner from harassing the respondent." 09700105.doc 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012

Joseph M. Lyons (D)

"You've heard the Lady's explanation. Is there any discussion? The Chair recognizes Representative Dennis Reboletti."

Dennis M. Reboletti (R)

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

Joseph M. Lyons (D)

"The Sponsor yields."

Dennis M. Reboletti (R)

"Representative, I noticed that the Illinois State Bar Association and Chicago Bar Association opposed your legislation, according to our analysis. Do you know what their objections are?"

Naomi D. Jakobsson (D)

"They haven't spoken to me that I can recall, so I don't know what their objections are."

Dennis M. Reboletti (R)

"What… was there objections noted in the committee, at least? Do you recall?"

Naomi D. Jakobsson (D)

"It… this came out of committee unanimously."

Dennis M. Reboletti (R)

"And, how is this really any different than what we're already doing now? I mean, we can still ban people from certain locations. We still have provisions against harassment. So, how is this really… how is this changing the current state of the law?"

Naomi D. Jakobsson (D)

"Well, from what I understand, the petitioner can contact the respondent and very often, it's turned into harassment. And so, it's to prohibit that."

Dennis M. Reboletti (R)

"Thank you."

Joseph M. Lyons (D)

"The Chair recognizes the Gentleman from Cook, Representative Zalewski."

Michael J. Zalewski (D)

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

Joseph M. Lyons (D)

"The Sponsor yields."

Michael J. Zalewski (D)

"So, following up on what the previous Representative asked, Represent… Representative Jakobsson, your Bill 09700105.doc 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 basically says that the court may prohibit a… a petitioner from harassing the respondent. Are… is there any concern on your end that this will… this will potentially place the petitioner in… in a… in a place of undue harm if… if there's a belief by the… by the offending party here that they have some free rein to… now that the judge has ordered them to have no contact with each other?"

Naomi D. Jakobsson (D)

"I don't see how it would place the petitioner in… in harm."

Michael J. Zalewski (D)

"I mean, and my concern is an order of protection is granted when there's a belief that there could be harm placed upon one party. So, my concern here is that by the judge saying to that person, hey, you're not to have any contact with each other, that you're lessening the effect of the order of protection."

Naomi D. Jakobsson (D)

"Well, I think… I don't… I think maybe what you're saying is that the abuser might further do something, and I… and this is really to prevent… not to prevent the abuser, because the abuser already has, you know, is not supposed to be contacting the… the petitioner, but to prevent the petitioner from harassing the respondent."

Michael J. Zalewski (D)

"So, I… and if the previous speaker asked you this, I apologize, but who brought you this… this piece of legislation?"

Naomi D. Jakobsson (D)

"This was actually brought to me by more than one constituent that… who had been harassed by their, you know, by the petitioners in their cases. And so, I just thought I…"

Michael J. Zalewski (D)

"Sure." 09700105.doc 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012

Naomi D. Jakobsson (D)

"…would listen to them and see what we could do to help."

Michael J. Zalewski (D)

"It… I mean, I think the concern is that with… with the Cook County State's Attorneys Office and… law enforcement and the Coalition Against Domestic Violence against the Bill, that… that the Bill potentially would need more work. So, I mean, it… and again, I know that Rep… the previous speaker asked you about this, but were there concerns incorporated into the draft that's before the Body right now?"

Naomi D. Jakobsson (D)

"I think that the fact that it says in the Bill more than once that this is… what's the… it's not… it's not a mutual order of protection. Those are prohibited and they would still be prohibited."

Michael J. Zalewski (D)

"Okay. I… I see… I… I suppose I understand the need to address constituent concerns, but unfortunately and respectfully, I can't support the Bill at this time given the opponents to the Bill. But hopefully, maybe you can work… if the Bill passes, you can work on it in the Senate and… and all the parties can come together. I appreciate you answering my questions though."

Naomi D. Jakobsson (D)

"Thank you."

Joseph M. Lyons (D)

"Representative Roger Eddy."

Roger L. Eddy (R)

"Thank you. Will the Sponsor yield?"

Joseph M. Lyons (D)

"Sponsor yields."

Roger L. Eddy (R)

"Representative, my question is, in a situation like this, couldn't the court just order a mutual order of protection?" 09700105.doc 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012

Naomi D. Jakobsson (D)

"Mutual orders of protection are prohibited under Illinois law from my understanding."

Roger L. Eddy (R)

"Well, I… I think that understanding may… may be askew. Representative Reboletti has dealt in a lot of occasions with this and… and I would just ask if you'd be willing to take this out of the record for a few minutes and discuss it before we vote on it, in case it's something that we're missing. But right now, basically this looks like it could cause more problems than it could solve. And I know that's not your intent, but it would just take a few minutes maybe to discuss it with a couple of people that have that experience. If you'd take it out of the record and discuss it with them, we could get back to it I'm sure."

Naomi D. Jakobsson (D)

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

Roger L. Eddy (R)

"Okay. Thank you."

Joseph M. Lyons (D)

Speaker Lyons: "Clerk, take the Bill out of the record. Representative Jerry Costello, you have House Bill 3802 on the Order of House Bills-Third Readings. Read the Bill, Mr. Clerk."

Hollman

"House Bill 3802, a Bill for an Act concerning criminal law. Third Reading of this House Bill."

Joseph M. Lyons (D)

"The Gentleman from St. Clair, Representative Costello."

Jerry F. Costello II (D)

"Thank you, Mr. Speaker. Many Members of the chamber know this Bill previously as the Rest in Peace Act. My Amendment to the Rest in Peace Act would actually expand the legal time frame for protested funerals from 30 minutes before or after, to one hour before or after. This Amendment would also… this legislation, excuse me, would 09700105.doc 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 also expand the distance a protest may occur from 300 feet to 1000 feet. The reason for expanding the time limit is many families and people who are close to members that have died show up at… at these funerals within a 30-minute time period before or after the service. And I think we should expand it to an hour to keep them from the… the vile protests. I also think that we should expand the distance from 300 feet to 1000. And the reference I would give there to Members is the fact that a football field or a soccer field is roughly 300 feet in distance, and I think we're all aware that you can visibly see whether it be cheerleaders or… or members playing on the… on the field from one end of a field to the other. So this would extend the distance to, you know, roughly three football or soccer fields away. I'd also like to… like to make a point to this chamber that last week there was quite a bit of news media given to celebrity death, and I just wonder if anybody in this chamber's aware of the fact that on Monday 7 members of the U.S. military were killed in Afghanistan. Seven members of the military were killed in Afghanistan on Monday, which makes it the second bloodiest day in recent years, second only to 2008 when 10 members of the military were killed in Afghanistan. I think we need to do a better job of honoring our military, and I think this Bill does that. I'd also like to make the Members aware of the fact that, as a veteran myself, I currently… or I… I actually had to bury and give the eulogy for my best friend, and the godfather to my youngest daughter, had to deal with protecting family members from these protests. I respect 09700105.doc 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 the Constitution, and I respect the freedom of speech and the right to pre… peaceably assemble, but just as you cannot yell fire in a crowded theater, I think we need to use some common sense and I think we need to preserve the dignity of death. And I would ask the Members of this chamber to support this Bill and vote 'yes'. Thank you."

Joseph M. Lyons (D)

"You've heard the Gentleman's explanation on House Bill 3802. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 3802 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Will Davis, Naomi Jakobsson, Carol Sente, Art Turner, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 116 Members voting 'yes', 0 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, the adoption of the Adjournment Resolution."

Hollman

"House Joint Resolution #70. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the House of Representatives adjourns on Thursday, February 23, 2012, it stands adjourned until Tuesday, February 28, 2012, at 12:00 noon, or until the call of the Speaker; and when the Senate adjourns on Friday, February 24, 2012, it stands adjourned until Monday, February 27, 2012, at 4:00 p.m., or until the call of the President." 09700105.doc 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012

Joseph M. Lyons (D)

"Representative Currie moves for the adoption of the Adjournment Resolution. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Adjournment Resolution is adopted. Mr. Clerk, committee announcements. Ladies and Gentlemen, listen up, committee announcements."

Hollman

Clerk Hollman: "This afternoon the Business Occupational License Committee has been canceled. Meeting at 2 p.m. is Higher Education in Room 413, Labor in 114, State Government Administration in C-1, and Tollway Oversight in 115. Meeting at 3 p.m. is Personnel & Pensions in Room 115, and Veterans Affairs in Room 114. Meeting at 4:00 is Mass Transit in Room 114. Tomorrow, the following committees have been canceled: the Revenue & Finance Committee and its subcommittees have been canceled, and the Environmental Health Committee has been canceled. Meeting at 8:30 is Judiciary II – Criminal Law in Room D-1, Counties and Townships in 4… in Room 413, Disability Services in Room 115; the Approp-Human Services Committee is meeting at 9 a.m. in Room C-1; and at 9:30 a.m. is the Telecommunications Committee in Room 413; at 10:30 a.m. is Appropriations-Higher Education Committee in Room C-1; and at 11:00 a.m. is the Personnel & Pensions Committee in C-1 and Tollway Oversight Committee in Room 413."

Joseph M. Lyons (D)

"Ladies and Gentlemen, I have an announcement from the Chair. We've got news from the home office, better known as Room 300 of the Capitol Building. So, Members, all secretaries within the sound of my voice, Mr. and Mrs. America, and all the ships at sea, Friday, March 09700105.doc 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 105th Legislative Day 2/22/2012 2, has been canceled. Friday, March 2, has been canceled. And now, seeing no further business to come before the Illinois House of Representatives, Representative Currie moves that the House stand adjourned 'til the hour of 11:30 on Thursday, February 23. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Allowing perfunctory time for the Clerk, the House stands adjourned until 11:30 tomorrow, Thursday, February 23. Enjoy the soiree at the Governor's Mansion tonight at 6 p.m."

Bolin

"House Perfunctory Session will come to order. Introduction of Resolutions. House Joint Resolution 68, offered by Speaker Madigan. House Joint Resolution 69, offered by Speaker Madigan. Committee Reports. Representative Currie, Chairperson from the Committee on Rules reports the following committee action taken on February 22, 2012: recommends be adopted is Floor Amendment #1 to House Bill 3849. There being no further business, the House Perfunctory Session will stand adjourned." 09700105.doc 40