Illinois House Floor Debate — March 8, 2012

Speaker Lyons: "Good afternoon, Illinois. Your House of Representatives will come to order. Members are asked to please be at their desks. We shall be led in prayer today by Reverend Dr. Bob Phillips who is with the First United Methodist Church in Peoria, Illinois. Dr. Phillips is the guest of Representative Gordon-Booth. Members and guests are asked to please refrain from starting their laptops, turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance. Dr. Phillips."

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

"Roll Call for Attendance. Leader Currie, on the Democrats." 09700112.doc 1  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Thank you, Sir… Speaker. Please let the record reflect that Representative Bradley is excused today."

"Thank you, Leader. Representative Mike Bost, GOP."

"Representative Jones, would you like to be recorded? Mr. Clerk, take the record. There's 117 Members responding to the Roll Call. We have a quorum present and are prepared to do the work of the people of the State of Illinois. Mr. Clerk on Committee Reports."

Speaker Lyons: "Mr. Clerk, read House Resolution 828. Representative Brauer, I believe we have some of Illinois's finest athletes in the House."

Speaker Lyons: "Congratulations, Rochester. Welcome to your Capitol. Representative Brauer moves for the adoption of House Resolution 828. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 828 is unanimously adopted. Leader Barbara Flynn Currie for announcement." 09700112.doc 3  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Thank you. I'd like us all to welcome a group from the University of Chicago, undergraduates, who are in the Careers in Public Service Program. They are here in this gallery with their advisor Dillan Siegler. Please give them a warm Springfield welcome."

"University of Chicago, welcome to your Capitol. We're proud to have you here today. Representative Naomi Jakobsson, for what purpose do you seek recognition?"

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

"Please proceed, Naomi."

"I was asked to announce and remind people that this evening there’s a SURS, S-U-R-S, and State Universities Annuitants Association reception at the Sangamo from 5:30 to 7. And so, please attend this and show up for our SURS and Annuitants."

Speaker Lyons: "Thank you, Representative Jakobsson. Representative Currie on a Motion."

"Thank you, Speaker. I move to suspend the posting requirements so that House Bill 4573 may be heard in Executive."

"You've heard the Lady's Motion. Is there any objection? Seeing none, all those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Motion carries. Representative Tim Schmitz, for what purpose do you seek recognition, Sir?"

"Congratulations, Jack, on this well-deserved and very deserving moment for you here on the House Floor. Representative Lang."

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

"Please proceed, Leader."

"Thank you. As a former recipient of the trophy, Mr. Franks, we… we honor you and welcome you into the club. The rest of us, though, wonder why it took you so long to win it."

"Representative Dave Winters."

Speaker Lyons: "Representative Dan Beiser. Do you seek recognition, Representative?"

"Not on… I mean… If there's other to speak on the Century Club, I'd be… I defer 'til after they… If anybody else wants to speak to Jack's hunt… Century Club…"

"I don't see any lights on, Dan…"

"Okay."

"…so if you want to proceed with your point of personal privilege, go ahead, please."

"Thank you, Mr. Speaker. I think I echo the sentiments of the entire Body when I want to say thank you again for those great corn beefed sandwiches the other day. They're very much appreciated. And Leader Lyons, I would hope that whoever represents your district, you would impress upon them in the strongest terms the tradition that you’ve started with those sandwiches."

"Let's not put too much pressure on a freshman, Representative. Just for the record, that's Harrington’s Corned Beef in Chicago, been doing this for the last 15 years. So, thanks for the recognition. Now, on the order of some real business on behalf of the State of Illinois. On page 15 of the Calendar, under House Bills-Third Reading, Representative John D'Amico, you have House Bill 3972. Read the Bill, Mr. Clerk."

"Representative John D'Amico." 09700112.doc 6  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

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

"Sponsor yields."

Speaker Lyons: "Representative, your three minutes have expired. There's about five or six other people waiting to address this issue. So, if you can conclude your remarks, we'd appreciate it. One more minute."

Speaker Lyons: "Represent… Representative DeLuca, three minutes."

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

"Sponsor yields."

"Representative D'Amico, speaking of the exemptions, if the vehicle does not have the capability for hands-free, how does the Bill address that?"

"Okay. So, most cell phones have a speaker, but not all cell phones have the hands-free option. So that would be the only way to handle the situation where… whether the owner does not have a cell phone that has a hands-free option, or if the owner drives a vehicle that does not have a hands-free option, the speakerphone would be the way to handle that?"

"What if there's other individuals in the vehicle that you don't want to share the conversation with?" 09700112.doc 10  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Okay. Assuming all cell phones… do you know if all cell phones have a speaker option?"

"Okay. 'Cause that was one of the concerns I had, was that if a vehicle does not have the technology for a hands- free device, I know that we have cell phones that do not have it, that how would those people handle that situation. Would they be forced to purchase some kind of a… an ear set or a… some kind of a hands-free device? But the speakerphone, you're saying, is how those people would be forced to handle it is they'd have to put their phone on speaker."

"Okay. Thank you very much."

"Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, in my gut, this Bill troubles me. It makes feel somewhat like we're being the nanny, that we're… we're overseeing everything that a… a… a driver tries to do; 09700112.doc 11  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 however, if you look on the board, you see that I'm a cosponsor. So, my brain is telling me that, indeed, I think it… this is good legislation and needed legislation. I'd like to tell you two stories as to why I think it's needed legislation. First of all, back in the 19… early 1990s, there was a Legislator by the name of Bob Bugielski, from the northwest side of Chicago. Bob was a great guy, and I think he was the first one that introduced a… a ban on cell phone use while driving. And we always used to say, well, Bob, what about that woman who's putting on her mascara, or what about that guy who's holding a doughnut in one hand and a coffee cup in the other hand, and he's steering with his knee. Well, indeed, they still do that. The difference between then and now is that cell phones are pervasive. If you don't have one, if you can't afford one, call up Life Line and the government will give you one. So, they are pervasive. The other story I'd like to tell you as to why I think it's a good idea is because when I was the Adjutant General of the Illinois National Guard, my air unit, my F- 16 unit, had what's known as a midair. Now, a midair is the military term for when two aircraft bump into each other in midair. You know what, bad things happen when aircraft bump into each other in midair and indeed, one aircraft crashed to the ground. Fortunately, the pilot ejected safely. The Air Force doesn't like it when you drop a $25 million aircraft on the ground and destroy it. So, they say, hey, we want an investigation. So they do a big, long investigation and after six months, you go back to the commander's office of Air Combat Command at Langley Air 09700112.doc 12  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 Force Base, and you sit in this big conference room and all of these officers sit around waiting for the four-star general to come in to start the briefing. And the four-star general walks in and he says, okay, tell me why we destroyed this aircraft. So, all these colonels for the next hour and a half or so, put up a minute by minute, second by second… second by second simulation of what happened while that aircraft was in the air. And at the end of it all… at the end of it all, the bottom line was it was pilot error caused by four words ‘loss… loss of situational awareness’. In other words, that pilot, for whatever reason, took his eye off of that other aircraft and ran into another aircraft, loss of situational awareness. He was distracted. So, whether you were piloting or driving a $25 million aircraft or a $25 thousand Ford, it's important to know where you are, where the other vehicles are. And the fact that you're holding that cell phone in the hand is…"

"David, one more minute." Harris, D.: "…is too easy to be distracted. This Bill isn't going to solve the problem entirely, but it will help protect motorists from being distracted while driving. That is a benefit, both to the motorist who is driving, as well as to every other motorist on the road. I strongly recommend a 'yes' vote. Thank you."

"Leader Renée Kosel, three minutes."

"Sponsor yields." 09700112.doc 13  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Representative Morthland, three minutes."

"He awaits your question, Sir."

"Representative McAuliffe."

"To the Bill."

"Representative Jim Durkin."

"Representative Franks."

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

"The Sponsor yields."

"I was interest… It was interesting to listen to the debate so far, and I heard Representative Harris talk about the loss of situational awareness. I'm wondering why this Bill is not a distractive driving Bill instead of singling out one activity." 09700112.doc 19  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"'Cause right now, Representative, for instance, I use earphones when I'm driving, and sometimes I'll use the Bluetooth but I don't always hear very well, because it's sometimes scratchy. But I always use earphones 'cause I just find it has a better sound quality. But I'm wondering now, I thought there was a law that it was illegal to have earphones and listen to music while you're driving. And I think that's a prohibition right now. Am I correct?"

"I think it is. And I'm wondering how would our law enforcement be able to enforce this. Would they know whether I was listening to music on my earphones, or whether I was speaking on my… on my cell phone."

"Okay. 'Cause I… I was thinking about that. Now, is there empirical evidence that would suggest that you would have two hands on the wheel that you would be a… a better driver?"

"Well, that brings me to my next point then. So, if it's really about leaving a hand open, is there anything here that would prohibit me, for instance, from, you know, eating my Taco Bell, you know, messy taco, when I'm driving?"

"Well, I think… I think that would make more sense than a Bill like this because, you know, I've seen people… I drove down with a Representative once who was shaving while we were driving to Springfield. I've seen other people putting on their makeup while they're driving. I've seen people eat hot fudge sundaes while they're driving. I've seen them eat soup while they're driving. And it… I understand the… the premise behind this, but I don't know why we would prohibit a certain activity that has very, very high penalties when we could simply just enhance penalties for any type of distracted driving."

Speaker Lyons: "Your time’s expired, Representative Franks. Finish that question of John and we'll…"

"I just…"

"…continue." 09700112.doc 21  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Can… can I… but how do we know it was holding the hand-held cell phone? Because you're saying they need an extra hand how come it just couldn't have been them holding the taco supreme?"

"Or… or…"

"…could it be…"

"How many in Illinois?"

"Well, you and I talked about you like to sing when you drive. And what happens if you're closing your eyes, putting your head back, and singing to your favorite band? Isn't that a little distracted? I mean, we've all done that."

"People do when they're singing or when they're turning…"

"You… remember when our kids were little and they'd be throwing stuff at us in the back or popping their balloons, and you'd turn around and say, you know, what the heck are you doing? Take care of yourself. I would think that's a little bit more distraction than me talking on the phone. I… I and I really appreciate what you're doing here, but I 09700112.doc 22  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 just think… I think we ought to… we ought to be more narrow in the scope and have a larger penalty for anyone who's distracted driving, because there's so many other things, if we pass this, then other things we're tacitly saying we can do."

"Representative Franks."

"Representative Franks, I've ex…"

"Representative Franks, I've extended an extra minute to you. The next speaker will be Representative Karen May."

"Thank you, Speaker. I rise in support of the Gentleman's Motion, and I congratulate him for the work he's done on it. I… when I hear people say we're rushing into it, I think he' been working on this issue for about six years with input from the Secretary of State. I filed a similar Bill, but one… his Bill was moving. I am in support of this Bill. He has addressed a lot of concerns, spent time dealing with people to narrow it down. I will tell you one of the reasons I am in such strong support because in my 09700112.doc 23  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 area of the state half of the communities in my district have passed cell-free laws. So, as you drive down the highway or on Sheridan Road, you go in and out of communities. The other half of the communities are waiting for the state to take action so that we do not have a patchwork of laws. The other thing is, the reason to move it now is new information that is by the National Traffic Safety… NTSB on the absolute dangers that are of distracted driving and cell phone usage. So while perhaps everyone would like to ban it completely, this is a logical step forward that makes a… an even playing field across it. We do not need a patchwork. The rest of the communities in my district are waiting for the state to take action. I urge an 'aye' vote."

"Representative Marlow Colvin."

"Thank you, Mr. Speaker. Ladies and Gentlemen, if you'll allow me to just read a… a short list of… of some real innovations in automobile construction, and this is just in the last 50 years: seatbelts, antilock brakes, front collision warning systems, head-up display systems, lane departure warning systems, air bags, cars that are built with energy absorbing crumple zones in its construction. These are just a handful of the innovations that have made automobiles much safer, that protect the driver, and protect their children, and all the rest of their passengers. The one thing that the automobile manufacturers cannot protect against are people from themselves. The distractions that people create while operating a five thousand pound moving automobile. This is 09700112.doc 24  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 a Bill whose time has come. All of us who own automobiles practically own cell phones. We all know this. We also know that the State Police and the City of Chicago Police, when the City of Chicago passed its Bill to ban holding… using a phone while driving, said most of these accide… accidents are one-car accidents; meaning they hit a telephone pole or utility pole, or they run into a ditch, or they run into the back of another car. In other words, there doesn't have to be another car on the road to have an accident that can cause great bodily harm. We also know, in part of this conversation and listening to the debate, people talk about personal freedoms. Well, personal freedoms come with great responsibility. They also come with the re… responsibility that we would act in a way, in a nature, that would protect others around us. You can be sitting at a red light and someone distracted by a phone call runs smack dab into the back of your car. These are the kind of accidents that we were seeing in the City of Chicago prior to passing that ban. You know, we live in the third-largest city, I do and many of the Members here. The third-largest city in America and we were able to implement this without great disruption to anyone's lives. I only know one person, quite frankly, who ever got a ticket. And for those who are interested in the responsible use of automobiles and cell phones, can invest either in a car that has… or aftermarket, very cheap alternatives to using a hand-held device in a Bluetooth device. Sitting here on the Internet, as I'm preparing this list, there are Bluetooth hand-held wireless systems you can put in your car for $29. And… and I think that in terms 09700112.doc 25  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 of talking about the safety of automobiles and those around us who are operating automobiles, this…"

"Representative, your time expired. I'll give you another minute to conclude your remarks."

"So, with that, I… I'm done, Mr. Speaker. But I enthusiastically support this Bill, and I want to thank the Sponsor for having the courage to bring forth such an innovative idea whose time has truly come. Thank you."

"Leader Chuck Jefferson."

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

"The Sponsor yields."

"What's the genesis of the Bill, Representative?"

"Representative, where did the Bill come from?"

"It didn't come from Verizon Wireless, did it?"

"Verizon Wireless. Verizon Wireless." 09700112.doc 26  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"I… I understand that. I understand that, Representative, it's revenue for them. But back to the Bill."

"What I'm… what I'm asking, is this already a Bill in Chicago?"

"So, you're going to po… impose this throughout the State of Illinois?"

"There's a lot of con… congestion in Chicago, where there isn't in other places. You know, Chicago's a busy city and we understand that, but we've got a lot of other places that aren't as nearly as busy as Chicago. So why do we need this Bill in those areas?"

"Representative, is there a Bill…"

"…that prohibits you from drinking a hot cup of coffee while driving?"

"I think there's a lot of people that have been in accidents because a coffee spilled on their laps. But my… my concern is this, Representative, if I'm a little tired and I've got my hand up to my ear, resting, and the police comes by and he says I'm on the cell phone. You know, what happens in that case?"

"If I'm driving and I'm a little tired, and I'm… I got my hand up to my ear, and he perceives that I'm talking on my cell phone, what happens in a case like that?"

"Couldn't he say I put it down while he was…"

"Chuck, your time's expired. We'll give you another minute to finish your remarks."

"Thank you, Mr. Speaker. You know, my concern is this is another form of profiling. It gives the police the ability to pull you over at their will to say that you are on the cell phone. And I won't be supporting this. Thank you." 09700112.doc 28  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

Speaker Lyons: "We have one final speaker and then, Representative D’Amico to close. Representative Chuck Krezwick."

"Yes. To the Bill, Mr. Speaker."

"To the Bill."

"I'd like to just address the issue of… of the distraction. I think we've heard a number of Members talk about different activities that are taking place while you're driving. And the concern is whether this is going to solve that problem. Well, it probably will not, but here's something… there was a figure that came out of the committee, and if I remember this correctly, and it may have been in the State of California, where they had one of the things that saved the lives with this. There were 40 percent fewer cellular calls with… with a hands-free… with the hands-free ban. I think what we have to do is support this Bill. I think, eventually, it's going to come to the State of Illinois, and I think something that's very important is we do have to have something uniform. We're always going to be dealing with other distractions. We have to deal with the cell phone issue, get a uniform law across the State of Illinois. I urge all the Members to vote for the Bill. Thank you."

"Representative D’Amico to close."

"After thorough discussion, the question is, 'Should House Bill 3972 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 62 Members voting 'yes', 53 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bill Mitchell, thanks for your patience on a point of personal privilege." Mitchell, B.: "Thank… thank you, Mr. Speaker, Ladies and Gentlemen of the House. In… on… in the gallery, on the Republican side, I would like a young gentleman, Calin Smith. Calin. Calin is a freshman class president in Clinton High School. Let's give a big welcome to Mr. Smith."

Speaker Lyons: "Welcome to your Capitol, Mr. President. Representative Kosel, on the Order of Third Readings, you have House Bill 3982. Read the Bill, Mr. Clerk."

"Leader Renée Kosel."

"You've heard the Lady's explanation on House Bill 3982. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 3982 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 Phelps, Soto, Verschoore, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Camille Lilly. Representative Lilly, you have House Bill 4003. Read the Bill, Mr. Clerk." 09700112.doc 31  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

Speaker Lyons: "The Lady from Cook, Representative Camille Lilly."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the General Assembly, I rise to present House Bill 4003. House Bill 4003 amends the Mental Health and Disability… Development Disability Code to eliminate a man… mandate that DHS must create and maintain all court forms. Currently, DHS presents mass quantity of forms that are being stored in the warehouse, and not being called to use. The computer software that's being developed today allows and produce to reproduce and print their own forms. This Bill is potential costs savings to the department, and all changes of the instruction be given to all those who's utilizing the forms. If there's no questions, I encourage your 'aye' vote. Thank you, Speaker, and Ladies and Gentlemen."

"You've heard the Lady's explanation on House Bill 4003. Is there any discussion? Seeing none, all those in favor of its passage signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Chapa LaVia, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 116 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Brown, you have, on the Order of Third Readings, House Bill 4005. Read the Bill, Mr. Clerk." 09700112.doc 32  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Representative Brown."

"You've heard the Gentleman's explanation on House Bill 4005. Is there any discussion? Seeing none, all those in favor of its passage signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representatives Biss, Burke, Will Davis, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 116 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Monique Davis, are you on the floor? Representative Davis. Representative Nekritz. Representative Elaine Nekritz. On the Order of Third Readings, Elaine, you have House Bill 4036. Read the Bill, Mr. Clerk."

"Representative Nekritz."

"Thank you, Mr. Speaker. House Bill 4036 provides Pace, which is the suburban bus system, some bonding authority. Metra has approximately a billion dollars worth of bonding authorities. CTA has no limitation on their bonding authority. This would provide the Pace Bus System a 09700112.doc 33  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 hundred million dollars of bonding authority for four specific projects. One in Des Plaines that would… that would construct a compressed natural gas bus facility. One at the South Cook Garage in Markham that would also convert to a compressed national… natural gas powered bus fleet facility. Paratransit Garage in DuPage and would do an expansion of a garage in Evanston. The… the repayment from these bonds will come from moneys that Pace will pledge out of their federal capital dollars that they get annually. And… and significantly, because of the conversion to compressed natural gas, CNG, there will be a reduction in operating cost for Pace. I ask for your support."

"You've heard the Lady's explanation. Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Will Davis. Representative Davis." Davis, W.: "Oh, I'm sorry, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Davis, W.: "Representative, I just have one question. Does this Bill eliminate the RTA?"

"Representative, you know, I have looked into that question. I've reviewed the Bill several times. It… I'm… it… I know you'll be disappointed to hear this, it does not eliminate the RTA." Davis, W.: "That's too bad. Thank you very much."

"Representative Roger Eddy."

"Sponsor yields." 09700112.doc 34  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Working cash… working the cash flow notes for RTA. And this… these are… these are… well, I shouldn't say. These are federal capital dollars that flow to Pace, and they will be pledging those that… that revenue stream for the future."

"A hun… $100 million."

"It does."

"There's four of them. One is a… a garage, and to replace an existing facility in Des Plains, an existing garage. It would also service CNG powered bus fleets. In the… in south Cook in Markham, there's a conversion of a garage to a CN… to service CNG powered buses. There's a new paratransit garage in DuPage County, and an expansion of a garage in Evanston to accommodate additional indoor bus parking."

"The Pace Bus did."

"The Pace Board."

"The… well, the RTA does have its own capital… list of capital projects. One of these is on that list, three of them are not. But Pace has determined that moving to compressed natural gas…"

"…is a significant priority for them, so that they can start to reduce their operating cost."

"I would assume so."

"Does that… wait… how much… how much those bond holders would… would trust the Federal Government to continue that source of funding."

"Oh. The RTA's opposed because they would like to be able… they… they say that to Pace that… that they can do this for Pace under their existing bonding authority. Pace is just asking to be put on… on a relatively equal footing 09700112.doc 36  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 with Metra and CTA to have their own bonding authority. And… on… interest… interestingly, only one of the projects that is on this list is on the RTA capital list. So, RTA can't really do all four of these right now. They would…"

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

"Correct."

"Representative Mulligan."

"Sponsor yields."

"There… there's… there's nothing that involves the state with these bonds. This just permits Pace to issue those bonds. And again, it will be a federal source of funding that will support the repayment."

"The federal money is… has… this is federal money… this is federal capital dollars that's been flowing to the transit systems for a very significant length of time."

"Representative Don Moffitt."

"The Sponsor awaits your questions."

"That's correct."

"Well, the Pace…"

"…the Pace Board has already made that decision because the… the dollar amount, the dollar figures, and the specific projects are in the legislation."

"I have to admit, Representative, standing here, right now, I don't know, but there are… there are a variety of… of appointing bodies. I… I'm being informed that the county chairs appoint the… the members of the Pace Board. There may be others, but at least those."

"Yes. Yes."

"Oh, yeah."

"Representative Jim Durkin."

"The Sponsor awaits…" 09700112.doc 38  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"…your questions."

"Correct."

"Representative, I suspect that they're… I… I'm not aware of what the plan b would… is… is at this point, but those… those federal capital dollars have been flowing for decades. And I know that things are in flux in Washington, but I think that there's… I mean, there is… I don't know that this… this particular source of funding is… is under review right now."

"Well, as one of the earlier speakers indicated, I think that might be taken into consideration by the bond holders 'cause they're the one going… they're going to be the ones on the hook if Pace defaults." 09700112.doc 39  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Representative Luis Arroyo."

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

"Sponsor yields."

"Elaine, how much is the total of bonds that have to be sold?"

"One… 100 million."

"One hundred million. I heard one of my colleagues talk about the RTA, about elimination. Would you be willing to amend this Bill and put in an Amendment to eliminate the RTA?"

"Representative, that issue came up in committee, and I'm not sure that I… you know, we did look into that but felt that that was probably not appropriate for this particular piece of legislation. I… you know, I certainly would be willing to continue discussions with that… with that… with my colleague about that."

"Okay. I would be willing to talk to you about that when you get… when the time is right."

"Happy to."

"Thank you."

"Representative Nekritz to close."

"I ask… oh, I've… I've been informed that the… the language in here about the repayment out of the federal 09700112.doc 40  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 funding is the same language that Metra uses in their… in their bonding authority, and that the… the same source of funding that they use for the repayment of their bonds. I'd ask for your support."

"The question is, 'Should House Bill 4036 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. Mr. Clerk, take the record. On this Bill, there's 79 Members voting 'yes', 36 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Monique Davis on House Bill 4013. Read the Bill, Mr. Clerk."

"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. House Bill 4013 is a recyclable metal dealer Bill, and we're merely adding copper to any recyclable metal. And the reason is, people are stealing and criminally taking metal pieces for recycling. So, we're including any metal that contains copper that has to be reported to the State Police if it's taken to a recycling plant. Currently, the… they have to record any information with copper, but this Bill adds any material with copper in it. Just ask for an 'aye' vote. Will answer any questions."

"You've heard the Lady's explanation of House Bill 4013. Seeing no discussion, the question is, 'Should 09700112.doc 41  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 House Bill 4013 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brady, Representative Turner, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 116 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Will Davis, you have, on the Order of Third Readings, House Bill 4050. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. House Bill 4050 provides that the State Comptroller shall direct, and the State Treasurer shall transfer the remaining balances of the Energy Initiatives Revolving Fund, the Minority and Female Business Enterprise Fund, and the Paper and Printing Revolving Fund into the General Revenue Fund. And provided that… upon the completion of those transfers, those funds shall be dissolved. Be happy to answer any questions."

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

"The Sponsor yields, Representative." 09700112.doc 42  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Representative Elaine Nekritz."

"Thank you, Mr. Speaker. I'm just curious, Representative, is House Bill 4050 have anything… have any provisions in it to eliminate the RTA?" 09700112.doc 43  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 Davis, W.: "Unfortunately, because this is a state… this is a State Government Act and yours was a… and that's a local government Act. Unfortunately, there's some incompatibility there. But believe me, if I could, I would."

"Representative, we'll keep looking for a Bill." Davis, W.: "Thank you."

"Representative Roger Eddy, are you inquiring to find out if this Bill eliminates the RTA?"

"To the Bill? The Sponsor yields."

"Representative Davis moves for the passage of House Bill 4050. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative du Buclet, Phelps, Leader Rita. Mr. Clerk, take the record. On this Bill, there's 107 Members voting 'yes', 9 Members voting 'no', 0 voting 'present'. This Bill, having received the 09700112.doc 45  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 Constitutional Majority, is hereby declared passed. Leader Mike Bost. For what purpose do you seek recognition, Mike?"

Speaker Lyons: "The Clerk will so note. Thank you. Representative Brauer, for what purpose do you seek recognition?"

Speaker Lyons: "The Journal will reflect your request. Representative Toni Berrios. Is Toni on the floor? Representative Frank Mautino. On the Order of Third Readings, Frank, you have House… you have House Bill 4139. Read the Bill, Mr. Clerk."

"Leader Frank Mautino."

"Hi. This Bill does eliminate the RTA. Just kidding, Will. I wanted to see if you were paying attention. Actually, thank you, Mr. Speaker, Members of the House. This is an initiative of the Central Management Services, and it moves from 500 thousand to 1 million dollars, the threshold amount before their funds would have to be transferred from the surplus property line back to GRF after the lapse period. The only reason they're doing this is this… this trigger level was set in the 1980s. It adjusts it… it accounts for about four to six weeks of 09700112.doc 46  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 their operating funds. And every year, during the appropriation, we have to go back and add in money for operations so that they can pay their salaries until they sell the state's surplus property, about midyear. Ask for an 'aye' vote."

"You've heard the Gentleman's explanation on House Bill 4139. Seeing no discussion, those in favor… those in favor of passage of House Bill 4139 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Gabel, like to be recorded? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 5 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Smith, on the Order of Third Readings, you have House Bill 4453. Out of the record. Representative Dugan, on the Order of Third Readings, you have House Bill 4479. Read the Bill, Mr. Clerk."

"Representative Lisa Dugan."

"Thank you, Speaker, Members of the House. House Bill 4479 is from the State Fire Marshal's Office to… takes care of some issues that they have found. It extends the sunset date of the Fire Equipment Distributor and Employee Regulation Act from 2011 to 2023. Also, House Bill 4479 amends the Act to include legal language regarding licensing and administration of fines and also, the elimination of the Fire Equipment Distrib… Distributor and 09700112.doc 47  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 Employee Advisory Board. I'll certainly answer any questions, and I would like an 'aye' vote."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 4479 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 Brady, Brauer, Mell, Jerry Mitchell, Dave Winters. Representative Brady, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 69 Members voting 'yes', 45 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Page 16, Ladies and Gentlemen, at the top of page 16, we have House Bill 4492, Representative Raymond Poe. He's gone for the day. My mistake. Representative Kelly Burke. Is Representative Kelly Burke on the floor? Representative Marlow Colvin, you have House Bill… on the Order of Third Readings… page 16 of the Calendar, Ladies and Gentlemen, we have House Bill 4521. Read the Bill, Mr. Clerk."

"Leader Marlow Colvin."

"Thank you, Mr. Speaker. House Bill 4521, as amended, amends the Residential Mortgage Licensing Act. It does… there are several things: it will provide additional regulations addressing loan modification in… in short sale facilitation, it will change some of the requirements for an application for a mortgage… a residential mortgage 09700112.doc 48  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 license, it will enhance penalties the Secretary of the Illinois Department of Financial and Professional Regulation may assess for mortgage fraud, it will… it will require additional disclosures and additional penalties for a violation of the Residential Real Property Disclosure Act, and it makes other miscellaneous changes. I'd be happy to answer any questions."

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

"Sponsor yields."

"Yes. The fee for a license on the RMLA will be increased from $2043 to 2700, which is actually taking the fee back to its original level."

"That… that is correct."

"Representative, I believe it was 2006."

"There was a… a lawsuit that was filed at a particular time."

"There was a… a lawsuit that was filed at a particular time, and as a result of the settlement of that suit, the fee for a license was reduced to 20… $2043, for a set 09700112.doc 49  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 period of time that was sunset last year, which moved the fee back to its original level $2700."

"No. No. I'm sorry. But, just to word it, say it a little differently, say it more correctly and succinctly, this Bill would authorize it to move back to 2700."

"Which was their… which was the agreement under the original lawsuit."

"Mortgage…"

"Those mortgage brokers and those bankers who are applying for a license."

"No. Well, they are… they are in support of this Bill. This was… and… and this entire Bill was part of an exhaustive negotiation with the mortgage bankers who… and we were able to reach agreement with those folks, along with the Illinois Association of Mortgage Professionals, who are also in support of this Bill."

"They're actually proponents, correct."

"That's correct."

"Representative Jack Franks."

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

"Sponsor yields."

"Representative, I'm not sure who this… by reading the Bill, I'm not sure who this applies to. Would this apply to a bank that writes mortgages and sells more than three a year in this… in the secondary market?"

"It does not apply to federal or state licensed banks, Representative."

"So, who does this apply to? That's what I'm trying to find out."

"So, it would only apply to those who would be applying for a license under RMLA, and those are mortgage brokers and… and mortgage lender originators."

"What's a mortgage lender originator as opposed to a mortgage broker? Is there a definition? I think we're… the parliamentarian is giving me the definition, so I think we've got that. Okay. That was my concern, because when I'm reading this, it just seemed to be drafted broadly, but I think your Amendment probably takes care of that." 09700112.doc 51  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"It does."

"All right. Thank you."

"Representative Ed Sullivan."

"Sponsor yields."

"Can you repeat your question again?"

"Correct."

"Representative Colvin to close."

"Thank you. I would appreciate an 'aye' vote."

"The question is… the question is, 'Should House Bill 4521 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 68 Members voting 'yes', 47 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Kelly Burke on House Bill 4500. Read the Bill, Mr. Clerk."

"Representative Kelly Burke." Burke, K.: "Thank you, Mr. Speaker. This is a Bill that would amend the water reclamation… Metropolitan Water Reclamation District of Chi… Greater Chicago's Act to allow it to… to allow the executive director of the district, with the advice and consent of the Board of Commissioners to appoint a public and intergovernmental affairs officer who would report to the director. I ask for an 'aye' vote." 09700112.doc 53  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

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

"Sponsor yields."

"Representative Zalewski."

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

"The Sponsor yields."

"So, Representative, this seems to me that… do you happen to know if the district has any sort of policy- making or… in other forms of government, Chapman, Rutan. There's policy-making exemptions that the entities have to fill these types of positions. Do you happen to know why the… following up on what the Representative said, why the district… they don't have any other policy-making positions besides the… the technical staff that are at the district? I'll rephrase my question. Do they… does the district have any exempt positions currently?" Burke, K.: "I believe so, including the director."

"So, don't they have a person… do… do they have a person currently doing these duties at the district?" Burke, K.: "No, they do not." 09700112.doc 55  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"So…" Burke, K.: "They're trying to create the position, and it would be a cabinet level position that would serve at the pleasure of the executive director on the board and thus, needs to be outside of their current civil service structure."

"I mean, I'm not trying to… I'm not trying to get anybody in trouble right now, but I think there are people that do this for the board… for the district directly and I know…” Burke, K.: "They… they have contractual people. My understanding is they want to make this a staff position and they don't have that right now. They don't have… they do not have this specific position."

"Okay." Burke, K.: "Yes, they have people who come and advocate on behalf of the district, but it's not a designated, regular position."

"Okay." Burke, K.: "This…"

"Thank you for answering my question, Representative." Burke, K.: "You're welcome."

"Representative Mulligan."

"Sponsor yields."

"Representative…" 09700112.doc 58  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 Burke, K.: "…simply adding…"

Speaker Lyons: "…Burke, want don’t you just go into your closing. She was the last…" Burke, K.: "Yes."

"…speaker, so to close." Burke, K.: "I'd ask for an 'aye' vote."

"The question is, 'Should House Bill 4500 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 62 Members voting 'yes', 50 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 4… on page 15 of the Calendar, Representative Feigenholtz has House Bill 4119. Read the Bill, Mr. Clerk. ."

"Representative Feigenholtz."

"Thank you, Mr. Speaker. This Bill is a response to many other states, moving forward on banning the sale and distribution of shark fins, and to end the practice of cutting off fins of sharks or other members of the subclass while they are alive, and placing them back into the water, a very inhumane act. I'd be glad to answer any questions."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 4119 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have 09700112.doc 59  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cole, Mitchell, Jerry Mitchell. Mr. Clerk, take the record. On this Bill, there's 81 Members voting 'yes', 33 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dan Beiser. For what purpose do you seek recognition, Representative?"

"Thank you, Mr. Speaker. I would like the record to reflect on House Bill 4500, my switch did not register a vote. It was… would've registered a 'no' vote."

"The Journal will reflect your…"

"Thank you, Mr. Speaker."

"…your request. Representative Lang, on the… page 16 of the Calendar, we'll skip ahead, you have House Bill 4569. Read the Bill, Mr. Clerk."

"Leader Lou Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. This is a Bill on behalf of the Secretary of State that removes the power of the director of personnel to approve disciplinary actions taken against employees and transfer the power to the chairman of the Discipline Committee. This way there's a committee that will determine discipline rather than one person. It's an initiative of Jesse White. I ask for your support."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 4569 signify by voting 'yes'; 09700112.doc 60  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 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 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. And I'm working on page 16 of the Calendar. I might skip around slightly, but for the most part, we're trying to run down the Bills. Representative Cunningham, on page 16 of the Calendar, you have House Bill 4592. Read the Bill, Mr. Clerk."

"Representative Cunningham."

"Thank you, Mr. Speaker. House Bill 4592 is an initiative of the Illinois Department of Corrections. It places reasonable limits on some of the records that inmates can access through the Freedom of Information Act. This effort has been borne out of the fact that DOC has seen a big increase in the number of FOIAs they've received from inmates in recent years. Just to give you an example, in '09 there were 498 requests, and last year that number ballooned up to 2640 request. So, as you can imagine this is very burdensome for the department. The legislation would do a couple of things. It would prevent inmates from using FOIA to obtain records that are available through other means, and records that are already available in prison libraries. Most importantly, it will place a shield on personnel records of correctional officers and other DOC employees and prevent inmates from accessing that personal 09700112.doc 61  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 information through FOIA. I think it's real important to note that with the expre… the exception of employee records, this Bill will not seal any information from inmates. It will merely force them to go through other means to obtain that information than FOIA, like visiting the prison library. I'd be happy to answer any questions."

"Representative Rich Morthland."

"He awaits your question, Sir."

"Except for information on staff…"

"…members, personnel files."

"That's correct. In fact, last year, we talked about this big increase. Last year, DOC estimates that they spent more than a million dollars on personnel and other cost to respond to inmate FOIA requests."

"Thank you." 09700112.doc 62  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

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

"The Sponsor yields." Davis, M.: "Representative, do you know the average education of most incarcerated individuals?"

"I can tell you that based on stats I've seen they… most inmates read at about a fifth-or sixth-grade level and…" Davis, M.: "Or below."

"Yes." Davis, M.: "So, if they're reading at a fifth-or sixth-grade level, statistics say mostly third grade level, then we expect them to go to the library and seek the information they need for whatever purpose?"

"Well, I would think that if they have issues with understanding material, with writing skills, they'd be better off going to the library and getting the assistance of the prison librarian rather than working on their own. So, yes, there are those limitations. It's one of the reasons why the prison libraries are available and the librarians assist inmates in getting information. And… and we've spoken about this, previously, I think it's very important that the inmates have access to this information. They might need to file… they might need to work on appeals for their case. So, they do need access to this information. The point of this Bill is that instead of them filling out a Freedom of Information request, submitting it to the warden, forcing the warden to take out the state's statute books and make copies of it, they would instead be 09700112.doc 63  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 instructed if that information is available at the library, you can go to the library and access it yourself." Davis, M.: "To the Bill, Mr. Sponsor. I think this Bill is well-intentioned; however, I think it's very harmful. As I… as the individual or Representative stated, most inmates do not have a third-grade education. They don't have an eighth-grade education. They would not know how to go to a library, look under the table of contents of a book to see if the information they're seeking is in there. Many of them are now trying to gather information for their own appeals. And I just think in this age of transparency, and this age of opportunity, and this age of where we're trying to reduce, reduce, the prison budget and the so-called… what do you call it… overcrowding, that we would want people to get the information that they need. Now, this is almost like in the south, when people wanted to vote, they told them if you can speak Chinese or count the bubbles in this bottle, then you can vote. So what you're saying to people who cannot read, go to the library and find the information that you need. I think it's a very good idea for you, but it's a very bad idea for all those inmates who need information, who want information. They're getting paid to provide this…"

"Representative, your time has expired. I'll give you another minute to conclude your thoughts." Davis, M.: "Well, I would ask the Representative to take the Bill out of the record so that we can discuss this further and find out, you know, exactly what is it costing, that people don't want to adhere to this transparency for people 09700112.doc 64  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 who are incarcerated. If you can't take it out of the record, I would urge a 'no' vote."

"I…"

"Represent…"

"I… I…"

"Give you… give you a minute to respond."

"I don’t intend to take it out of the record, Representative, but we talked about this at length in committee. I think your… my position is well-known. I think it is a very reasonable piece of legislation that is not going to deny any inmate's ability to obtain information unless it's information that comes out of the personnel files of employees. So, for that reason…"

"Represent… Representative Zalewski."

"Mr. Speaker, to the Bill. It… regarding the issue of expertise and how to get these records, it is far more reasonable to ask a Department of Corrections, that's under financial siege, to guide these inmates on how to navigate the process of obtaining these records through either administrative, remedy than it is to ask them to file a Freedom of Information request. We are dealing with a department that has significant financial challenges. And this is just one more thing, unfortunately, that they are having to deal with when they… they are best equipped to help these men and women, in an administrative way, get them the information they seek. This is not an attack on FOIA. This is a commonsense way to watch our pennies and help the Department of Corrections help these guys in an 09700112.doc 65  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 administrat… men and women in an administrative way. I urge a… I urge an 'aye' vote."

"Representative Dennis Reboletti."

"Representative Mulligan."

"The final speaker with be Representative Ford, then Representative Cunningham to close."

"Mr. Speaker, I'd like to yield my time to Representative Davis. Monique."

Speaker Lyons: "Representative Ford… releases his time to Representative Monique Davis. Three minutes, Monique." Davis, M.: "Thank you very much, Mr. Speaker. I'd like to ask the Representative who is passing this Bill. I've been here 25 years and we haven't had a need for such legislation. I, too, believe that inmates should be punished. When people commit a crime, they should go to jail. I believe that. They should go to prison. In most prisons, there are no education classes to the person who said they should take education classes. Some of them are special education people and there are nobody… there's no one with the knowledge of special education needs of an individual. Now, some are incarcerated in… incorrectly. Some are… it's an error. We know we reversed the death penalty on about 15 people in the State of Illinois who were incarcerated in error. After DNS(sic-DNA)tests were given, some of them were proven innocent. So… that is true. So, one of the most important things in my opinion is to allow inmates information to help their cases. This is not where you put 09700112.doc 67  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 people in prison and you shut the door and the lights, and they're not able to access information. What we're saying is, well, if you can read, go to the library. Pick it up. Find it for yourself. But if they ask will someone to copy information for them, they should have every right to do that. Now, once we decide that this information will not be available, what's next? What's the next piece of information that will be too costly to provide for those who request it? Many FOIA information pieces cost a lot to be provided to the people who request it, but we have to do it. An inmate should have a right to request information and not be told to go read books, which look like Chinese to them, because many of them have not been educated to read. This Bill will probably get a majority vote, but my conscience will not let me vote 'yes', when I'm trying to keep people in the dark in reference to information that they need for their cases. Vote 'no'."

"Representative Cunningham to close."

"I appreciate the concerns that have been voiced by the opposition, but I think it is misplaced. It's a… the main point here is that no information is going to be suppressed. No information is going to be kept from inmates other than information… personnel information of the staff. All the other information will still be available through other means, means other than FOIA. So, I… I appreciate an 'aye' vote."

"The Gentleman moves for the passage of House Bill 4592. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted 09700112.doc 68  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 who wish? Have all voted who wish? Have all voted who wish? Representative du Buclet. Mr. Clerk, take the record. On this Bill, there's 103 Members voting 'yes', 3 Members voting 'no', 8 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Pihos, on page 16, you have two Bills in a row. The first one is 4687. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Lady from DuPage, Representative Sandy Pihos."

"The Chair recognizes the Gentleman from DeKalb, Representative Bob Pritchard."

"Sponsor yields."

"Representative Elaine Nekritz."

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

"Sponsor yields."

"Representative, I know that you had… I just wanted… I could… I didn't hear the whole introduction that you made, so I just wanted to make sure I understood that in it… that… that one… one of the issues that you were going to be working on in the Senate is indeed what Representative… the former Representative talked about. Would… would that also include the question of what happens when an Internet service provider goes down?"

"That's in the Bill?"

"Okay. Very good." 09700112.doc 70  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Okay."

"Thank you."

"Representative Pihos moves for the passage of House Bill 4687. All those in favor of its passage signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia, Dunkin, David Harris, Greg Harris. Dunkin. Mr. Clerk, take the record. On this Bill, there's 104 Members voting 'yes', 10 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bost."

Speaker Lyons: "The Clerk will so note. Thank you, Representative. Representative Currie."

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

"The Clerk will so note. Thank you, Leader. Sandy, you… on page 16, Representative Pihos, you have House Bill 4689. Ring the… Read the Bill, Mr. Clerk."

"Representative Pihos." 09700112.doc 71  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"You've heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 4689 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jakobsson, for what purpose do you seek recognition?"

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

"Please proceed, Naomi."

"March is Women's History Month, and I'd like to share the history of one woman, and I, you know, I chose somebody from… right from my district. Bonnie Blair is a retired speed skater and one of the most decorated athletes in Olympic history. Blair competed in the… for the United States in four Olympics, and in her Olympic career, won five gold medals and one bronze medal. She was raised in Champaign. Already nationally known at age 16, she competed in the 1984 Winter Olympics in Sarajevo. During the Winter Olympics in 1988 in Calgary, she skated to gold and bronze 09700112.doc 72  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 medals and was the only American to win more than one medal that year. In the 500 meters race, she set a world record. She won two more gold medals in the 1992 Winter Olympic games in Albertville, France. Albertville. There was a change in Olympic rules and the next Winter Olympics was held two years later in Lillehammer, Norway, where she not only won two gold medals, but finished the 1000 meters race by the largest margin of victory in the history of the event. So, I just wanted to share that with all of you and remind you that it's Women's History Month."

"Thank you, Representative. On page 16 of the Calendar, House Bill 4692, Representative Pritchard. Read the Bill, Mr. Clerk."

"The Gentleman from DeKalb, Representative Bob Pritchard."

"You've heard the Gentleman's explanation of House Bill 4692. No one seeking recognition, the question is, 'Should House Bill 4692 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The 09700112.doc 73  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Arroyo, D'Amico. Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Kelly Cassidy, on page 16 of the Calendar, you have House Bill 4725. Out of the record. Representative Evans, on the bottom of page 16, you have House Bill 4966. Out of the record. Representative Pat Verschoore. Pat, you have, on Third Reading, House Bill 4982. Read the Bill, Mr. Clerk."

"The Gentleman from Rock Island, Representative Pat Verschoore."

"Thank you, Mr. Speaker. This Bill was brought to me by the Secretary of State, and what it is, it's a deceased police officer and firefighter license plate Bill. And the present language, the spouse of a police officer or a firefighter can have a special plate. What this Bill would do, would allow the parents of the… of the deceased policeman or firefighter to have a special plate. And I would ask for an 'aye' vote, be happy to answer any questions."

Speaker Lyons: "You've heard the Gentleman's explanation. Seeing no discussion, the question is, 'Should House Bill 4982 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? 09700112.doc 74  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 Representative Bost and Representative Dunkin, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 2 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Norine Hammond, on the bottom of page 16, you have House Bill 5002. Read the Bill, Mr. Clerk."

"Representative Hammond."

"You've heard the Lady's explanation on House Bill 5002. And seeing no discussion, the question is, 'Should House Bill 5002 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brown, Davis, Dunkin, Zalewski, Naomi. Mr. Clerk, take the record. On this Bill, there's 83 Members voting 'yes', 29 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Tom Cross, on the top of page 17, on House Bill-Third Readings, you have House Bill 5003. Read the Bill, Mr. Clerk." 09700112.doc 75  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Ladies and Gentlemen, I'd appreciate silence on the floor and staff, please retire to the back of the chamber. Leader Cross."

"With all due respect, Tom…"

"…I’m not going to get in trouble. So…"

"Is there any discussion? Seeing none, all those in favor of the passage of House Bill 5003 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 Cassidy, Smith, Zalewski. Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Smith, on the Order of Third Readings, you have House Bill 5006. Read the Bill, Mr. Clerk."

"Representative Smith."

"This is a Secretary of State Bill. This Bill is… Secretary of State meric… Merit Employee Code. It grants veteran employees, within the office of the Secretary of 09700112.doc 77  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 State, four days rather than two days per year to visit a veteran hospital in examin… for examination and dis… disability connected to the military service. This is effective immediately."

"You've heard the Gentleman's…"

"I ask for a 'yes' vote."

"…explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 5006 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin, Crespo, would you like to be recorded? Marlow. Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Colvin, you have a Bill on Third Reading. House Bill 5007. 5007. Read the Bill, Mr. Clerk."

"Marlow Colvin."

"Thank you, Mr. Speaker. I have House Bill 5007 which simply amends the Energy Assistance Act by extending the higher annual eligibility level of 200 percent. Typically, LIHEAP grants are available at the 150 percent of poverty level. This is a continuation of the spin down of the federal stimulus dollars, with respect to the LIHEAP dollars that were put in that fund, the additional dollars. At that time, the rules that were written required… allowed, I should say, for these… for eligibility levels to 09700112.doc 78  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 be at 200 percent of the federal funding level. Once that money is spent down, it will revert back to the 150 percent. So, essentially, this is just an extension of one year to continue to spend down those dollars for the Federal LIHEAP program. I'd be happy to answer any questions."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 5007 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 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Penny, you have, on Third Reading, House Bill 5023. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker, and thank you to Members of the House. This Bill was brought to me by the Illinois State Police and is a technical correction of statutory language regarding an obsolete program, which was the I-Search program for missing and exploited children. And the current program, since 1993, is the State Missing Person Clearinghouse. So, the purpose of this statute is to correct that language and bring it up-to-date." 09700112.doc 79  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"You've heard the Gentleman's explanation. Is there any discussion? Representative Roger Eddy."

"Sponsor yields."

"Yes. Thank you, Sir."

"What would that be, Sir?"

"I need to leave, on behalf of the State Police, the Bill on the record and had I known that, I would've worn a red jacket today."

"Well, I'm ready now to debate the Bill, Sir. Thank you for that. No. No. No. No. No. I have to go home tonight. I'll take a beating from my wife if I'm wearing a necklace." 09700112.doc 80  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Thank you, Sir."

"It's a little bit small. I think my shoulders might be a little big for this."

"I feel good about myself now, Sir."

"I'm here as a working Chief of Police, Sir."

"I was a police officer when I-Search came into being, yes."

"Nineteen eighty-six."

"Well, I-Search was a wonderful program, but if you remember, it was invented back before the Internet was in existence. And I-Search actually had us looking for missing children, primarily by putting their faces on milk cartons. 09700112.doc 81  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 Those days have since come and gone and the State Police asked for a technical revision to correct this."

"The Internet is a factor to improve on the milk carton, but nothing for a person that likes to read is ever going to replace a cereal box or the milk carton."

"Well, this is not a internet connection… connection of wires and tubes. This is a way for us to update things and to bring us into the new millennium."

"Yes. That's correct."

"Yes."

"Actually, what this is doing is bringing the statutory language in sync with the actual name of the entity that's doing the searching and coordinating nowadays, which is the State Missing Person Clearinghouse…"

"…and replacing obsolete language, which is no longer in use."

"Thank you, Representative Eddy. I appreciate it. Have a good day then."

"Representative Dave Winters."

"The Sponsor yields."

"No. Those were big shoes to fill. Tom…"

"…is gone." 09700112.doc 83  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"He did have big shoes. They were big shoes for me to fill, and I don't know where Tom is at this minute, but I will be looking for him when I return to St. Clair County."

"When I see Tom, I'll get him back in here to visit."

"Thank you, Representative."

"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I wish someone had told me I was sitting next to a Chief of Police. Maybe I wouldn't have called that taser Bill. I kept feeling these electric prods coming my way, and I guess that's why my Bill failed. Mr. Speaker, would you move his seat?"

"The Chair recognizes the Gentleman from Cook, Leader Lou Lang."

"Thank you. Representative, it's a pleasure to have you here among us, and up in the front row, they were admiring your tie. So, thank you very much. So, I… I wasn't totally paying attention to your Bill because… well, you know."

"You were fascinated by me wearing a woman's jacket, yes." 09700112.doc 84  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Well, I didn't even notice that. Can you… you don't want to do that again. So, why do we need this Bill?"

"The State Police are required to be audited in order to be compliance with professional standards, and they needed this upgrading to get the language correct in the statute for what their mission was."

"And, where is not correct? Can you point out the page and line numbers where the old… in the old statute…"

"Yes, I can."

"…where it's not correct? You really can?"

"Yes. I actually can."

"Well, all right. We want to hear that."

"It would be incorrect in this Bill, on page 3, in Section 5.4… 4.3."

"Well, Sir, I don't know what you're looking at. I'm looking at page 3, there is no Section 5."

"Okay. Page 1, Section 6a-5. I stand corrected."

"You stand corrected?"

"Yes."

"You sure you don't want to take the… maybe, you want to take the Bill out of the record, figure out…"

"No. No, I need…"

"…what it is? No."

"…the Bill on the record in order to help the Illinois State Police."

"So, you're talking about where it is scratched out, where the line… it's lined out?"

"Yes." 09700112.doc 85  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Well, what about the other pages where it's lined out? Are those in… corrections also?"

"Those would be incorrect also, yes."

"And then there's some places where there's some language with lines under it. What would that mean?"

"Well, that would be the corrected language that we would want in, Sir."

"Oh, I see. And so, on page 4 of the Bill… I'll give you a chance to have that in front of you. Do you have it, Sir?"

"Yes."

"On page 4 of the Bill is paragraph (j)… paragraph (j)…"

"Yes, Sir."

"…it says blank. What does that mean?"

"Well, we're going to strike out the language which has a strike through, and we are going to leave the word blank there as a placeholder."

"So, what are… so, we need a paragraph that says blank? Aren't we going to waste a lot of ink printing up the statutes that way?"

"We are trying to minimize by striking through the language and we’re just…"

"I see."

"…shortening our sentences up."

"Well, I would suggest you take this Bill back to Second Reading and have an Amendment that just removes paragraph (j), instead of calling it blank. What do you think?"

"Well, if we did that, then we wouldn't be able to inform the Members accurately about what we're removing." 09700112.doc 86  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"I'm not even sure what you just said to me, but I'm sure it was a good answer. Congratulations, Representative."

"I am adlibbing here. Thank you, Sir."

"Representative Penny to close."

"I would ask that the Members support the Bill. And I'm very flattered to be here, and I'm happy that I'm through with this process on my first Bill."

"Representative Monique Davis's seatmate, the Police Chief, moves for the passage of House Bill 5023. All those in favor signify by saying 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Last call. Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Congratulations on your right of passage, Representative. Welcome to the House of Representatives. The Police Chief's seatmate, Representative Monique Davis, has House Bill 5047. Read the Bill, Mr. Clerk."

"Representative Davis." Davis, M.: "Mr. Speaker, House Bill 5047 is a technical revision to an existing law, Public Act 094-366. House Bill 5047 changes the Portable Electronic Insurance Act in only three ways: it clarifies the requirements for maintaining and regulating a registry of authorized vendor locations; number 2, it expands the refund language to include 09700112.doc 87  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 credits; and number three, it clarifies notice requirements for the termination of the policy. I would ask for an 'aye' vote, and I'll answer the questions."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 5047 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 Hernandez, Jefferson. Mr. Clerk, take the record. On this Bill, there's 113 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby… hereby declared passed. Representative Bost."

"The Cl…"

"…the Clerk will so note. Thank you, Leader. Representative John D'Amico, on Third Reading, you have House Bill 5056. Out of the record. Representative Ann Williams, on the Order of Third Reading, you have House Bill 5071. Read the Bill, Mr. Clerk."

"Representative Williams."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill simply provides that electric vehicle charging stations are not considered to be public utilities 09700112.doc 88  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 under the Public Utilities Act. Obviously, they're not public utilities, but they do provide electricity for vehicles. This was the legislative recommendation that came out of the Electric Vehicle Advisory Committee that provided the General Assembly with a report in December. This was their one legislative recommendation designed to make sure the infrastructure was in place for electric vehicles in Illinois. I'm happy to answer any questions, and I know of no opponents."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 5071 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. Colvin. Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Sid Mathias, you have House Bill 5078. Read the Bill, Mr. Clerk."

"Representative Sid Mathias."

"Representative Jack Franks."

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

"The Sponsor yields."

"Representative, what's the genesis of this Bill?"

"So they brought you this Bill, but…"

"…is there someone specific that they're trying to help with this Bill?"

"So, the provision that you're trying to amend with this Bill, to put it in line with the previous one, specifically allows for a budget officer to serve a second municipal office and also to receive compensation for both offices. Is that correct?" 09700112.doc 90  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"So, the answer's yes."

"Okay. So, why not, instead of passing this Bill, just incorporate the duties of one office into the other office, instead of having to have two separate offices?"

"I… I ask… I know they asked you to bring it, but I know in the real world when, for instance, you know, in my business when I give additional duties to an employee or they assume those, they don't get a separate paycheck for two separate jobs. We incorporate what they're doing in one. I don't know why… I understand someone asked you to do this, but why would we pass a Bill like this, that would allow for one person to wear two separate hats, and get two government paychecks?"

"To… to the Bill then, Mr. Speaker, if I could… could have a…"

"We'll give you a minute, Jack, to finish up."

"Thank you. This is one of the most ill-conceived Bills, I think, that we've seen…"

"We'll have to turn Representative Franks on for one more minutes."

"Thank you. To use taxpayer dollars to codify double dipping is reprehensible. This ought to be ti… entitled the Double Dipper Insider Protection Act, because what this Bill says is if you're working for the government, we're going to let you wear two different hats, simultaneously, and… and collect two paychecks. This is a rotten Bill. It's terrible for public policy. It's an affront on our taxpayers, and it's one that should not receive any votes."

"Representative Mathias to close. Sid."

"Representative… Representative Mathias moves for the passage of House Bill 5078. 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? Dunkin, Gaffney, Golar, Jackson, Jakobsson. Mr. Clerk, take the record. On this Bill, there's 61 Members voting 'yes', 47 Members voting 09700112.doc 92  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 'no', 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mathias, you also have House Bill 5090. Read the Bill, Mr. Clerk."

"Representative Sid Mathias."

"You've heard the Gentleman's explanation. Is there any questions? The Chair recognizes Representative Riley."

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

"The Sponsor yields." 09700112.doc 93  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Representative, my analysis shows that there's opposition to this Bill. Can you explain the… the opposition by the Illinois Voices for Reform that… did you talk to them? Did they tell you about why they were opposed to this piece of legislation?"

"Thank you."

"Representative Mathias to close."

"The question is, 'Should House Bill 5090 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? David Harris. David. Mr. Clerk, take the record. On this Bill, there's 108 Members voting 'no', 0 voting… 108 Members voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Costello, on Third Reading, House Bill 5098. Read the Bill, Mr. Clerk."

"The Gentleman from St. Clair, Representative Jerry Costello." 09700112.doc 94  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Thank you, Mr. Speaker and Members of the House. I bring before you House Bill 5098, which requires local police training schools to include the subject of elder abuse and neglect in training curriculum of the local probationary police officers. The Bill references the Elder Abuse and Neglect Act, which requires law enforcement officers to report incidence of elder abuse and neglect. The Bill's referring to training schools that are certified by the Law Enforcement Training and Standards Board. The LETSB is responsible for adopting rules and minimum standards for schools and their curriculum. It's important to know that the executive director of the Law Enforcement Training Board testified in committee as a proponent to this Bill, and AARP is a proponent to the Bill. Thank you, Mr. Speaker."

"You’ve heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 5098 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 Costello, would you like to vote for your own Bill? Representative May. Mr. Clerk, take the record. On this Bill, there's 108 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Don't sit down, Representative. You have House Bill 5099. Read the Bill, Mr. Clerk."

"Representative Costello."

"Thank you, Mr. Speaker. I bring before you House Bill 5099, which provides that no person may use a wireless telephone at any time while operating a motor vehicle within 500 feet of an emergency scene. It also includes digital photography and video, as far as an electronic message. Obviously, if Representative D'Amico's Bill becomes law, this would be null and void. But in this particular situation, it treats an emergency zone like a school zone or a construction zone. Thank you, and I ask for an 'aye' vote."

"Representative Roger Eddy."

"Mr. Clerk… Representative Costello, there was an Amendment that's never been adopted on this Bill, the Clerk tells me. Do you want to table that Amendment? We can't table that Amendment. There's an Amendment, the Clerk brought it to…"

"No. I would like to adopt that Amendment. I'm sorry, Mr. Speaker. I thought it was adopted."

"Mr. Clerk, move that Bill back to the Order of Second Reading. And what's the status on the Bill?"

"Representative Costello on Floor Amendment #1." 09700112.doc 96  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"I would like to adopt Floor Amendment #1, Mr. Speaker."

"Is there any discussion? Representative Rose on the Amendment. Representative Rose, this is an Amendment. Do you want to wait until the Bill's… All those in favor of the adoption of Floor Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading, and read the Bill."

Speaker Lyons: "I believe we've heard the explanation. Representative Rose on a question."

"Sponsor yields."

"No, they did not, Representative, but it's important to note that this applies to the driver of a vehicle. So, a passenger could record… I… I think it's been proven that texting or operating a vehicle can impair you, and this is to protect police officers and emergency service personnel."

Speaker Lyons: "Representatives, let me interject here for purposes of clarification. I adopted the Amendment, put it back on Third, but we really can't run the Bill today. So, why don't we put this Bill… take it out of the record and you can ask questions, possibly, before we run the Bill again and get it clarified. My mistake. Thank you. Representative John D'Amico. Representative John D'Amico, on page 17 of the Calendar, you have House Bill 5101. Out of the record. Representative Lisa Dugan, the bottom page of 17, you have House Bill 5142. Read the Bill, Mr. Clerk."

"The Lady from Kankakee, Representative Lisa Dugan."

"Thank you, Speaker, Members of the House. 5142 changes the statutory requirements for a freestanding emergency center. Freestanding emergency centers are kind of 09700112.doc 98  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 regulated… I mean, they're regulated in the state so we don't have too many. This will allow a local… local hospitals to submit a permit to the Department of Public Health right now. It was in March of 2009 that no more permits were being issued for freestanding emergency centers. This allows it to be until January 1, 2014. It also changes the… the distance that the resource hospital has to be away from the freestanding emergency center. So, I'll certainly take any questions."

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

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

"Sponsor yields."

"Representative, what's the purpose of this Bill?"

"The purpose of this Bill, there's… well, one, it was brought to me by a hospital in my district but it… it really is for any hospital. Freestanding emergency centers, depending on the growth of communities, and growth of areas, access to health care may be needed where a freestanding emergency center could be used. But the way the law and the statute is right now, those freestanding emergency centers, first have to get a permit from the Department of Public Health and goes through the… your favorite board which, of course, you and I discuss a lot, and that's the CON as to whether or not there's a need for additional access to health care. Since the deadline to submit for applications for freestanding emergency centers was… it sunsetted in 2009, we do change it periodically, 09700112.doc 99  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 based on if there's a need to at least let hospitals look to see if there is a need for a freestanding emergency center, and this has come up. So, it's not a guarantee that someone's going to get it. It let's them apply for a permit that then has to go through the process to make sure that the need is there. It's just that they believe there is a need because of the increase in population in certain areas."

"So your goal is to be able to provide more of these freestanding emergency centers."

"No. The… well, this would allow one to be… a permit to be given to see if there is a need, that there's enough need for access to health care for a freestanding emergency center. They're… they're not all over the state, but there are quite a few depending… instead of building a full hospital, you… you actually just do like a… a freestanding emergency center for quicker access."

"Well, I hate the fact that the state regulates this type of industry and really limits health care options. I hate that. I think…"

"I know you do."

"But it looks like, and I'm reading this Bill, you're giving the ability to have these freestanding emergency centers within 50 miles, instead of currently 20, of the hospital that owns or controls the FEC…"

"Correct."

"…so that would be an expansion. But you also have then, also reduced the population requirement in municipality from 75 to 50 thousand residents." 09700112.doc 100  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Correct."

"Why not just leave it at 75, if you really wanted to expand it?"

"This was something that when… when they took this and… and the hospital, the health facility's planning board, and… and who is in support of this. They're… they're looking at the needs of people and I believe, and… and again, Representative Franks, and I'm just going by what they told me, that the need of 50 thousand residents access to health care, they believe, is not extraordinary… I mean, you know, that that's not… 75 thousand to 50 thousand… 50 thousand people in an area that may have no freestanding emergency center or hospital, in fact, that 50 thousand, they believe, is a… is a legitimate number."

"Well, let me ask the background here, because our anal…"

"You have another minute to finish up."

"Riverside hospital purchased a property in Frankford, Illinois…"

"Correct."

"…and wants to convert it to an FEC."

"Correct."

"What kind of property did they buy? Did they buy a hospital?"

"I… I'm not quite sure, Representative."

"'Cause I'm… I'm not sure what they're trying to do, is to give less health care or more, quite frankly."

"No. We're trying to give more because they're… at this particular point… because again, they can't… a freestanding 09700112.doc 101  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 emergency center can't even be approved unless if it's approved through the certificate of need process."

"Okay."

"So, this doesn't give them the freestanding emergency center. This allows them to apply for a permit to go through the process to see whether or not there's a need."

"Wow. I really appreciate you answering those questions. It just bolsters my argument that we need to get rid of this archaic system here in Illinois that doesn't allow health care where it's necessary, and organizations that want to provide health care have to jump through hoops and are often turned down. We saw what happened in Cook County last year, where they actually… the county board wanted to close a… a facility and they couldn't, costing them millions of dollars. And here, where an organization wants to help folks who don't have adequate health care, they can't even apply. This is ridiculous. We need to jettison this entire system."

"Representative Dugan to close."

"Thank you very much, Speaker. And… and I know that the issue of whether or not the certificate of need should be there is not what this legislation is about. The fact that it is there, it requires that medical facilities go through the certificate of need process. All this legislation does is allows somebody to apply to provide access to health care, and then they have to go through the process. So, I understand Representative Franks' concern, but this Bill does not have anything to do about whether or not the health facility's planning board continues. This Bill is 09700112.doc 102  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 that is what continues, and there's a medical facility who's trying to provide access to health care. This will allow them to at least apply for the permit. I would like to ask for an 'aye' vote."

"The question is, 'Should House Bill 5142 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Morrison. Mr. Clerk, take the record. On this Bill, there's 106 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Kelly Cassidy, you have House Bill 5167. Out of the record. Representative Dan Biss, on the bottom of page 17, on the Order of Third Readings, you have House Bill 5195. Read the Bill, Mr. Clerk."

"Representative Biss."

"Thank you, Mr. Speaker. House Bill 5195 makes a technical change in the Illinois Finance Authority Act. It simply amends the definition of energy conservation project to include within it energy efficiency projects which are undertaken by school districts or community college districts. The point of this is that, led by Representative May and more… more recently taken up as well by Representative Mussman, we've been engaging in discussions around a Green school task force about how to help our schools engage in more environmental and sustainable 09700112.doc 103  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 practices. And this technical change will enable the enactment of some of the more interesting recommendations of that task force. I urge an 'aye' vote, and happy to answer any questions."

Speaker Lyons: "You've heard the explanation. Seeing no discussion, the question is, 'Should House Bill 5195 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 107 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Elaine Nekritz, you have House Bill 5210. Read the Bill, Mr. Clerk."

"Representative, I believe there's a note still pending. Mr. Clerk, House Bill 5210… Notes been filed, Clerk."

"Representative Nekritz."

"Thank you, Mr. Speaker. When we enacted the legislation that created Tier II on the… on the pension benefits for new employees, there was a term that was used that is an ‘earned annuity’ with regard to survivor benefits. That term was not defined and it is… was important by… that… for the Cook County Pension Code that that term be defined and this legislation does that." 09700112.doc 104  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"You heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 5210 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Phelps. Mr. Clerk, take the record. On this Bill, there's 108 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bob Pritchard, on the bottom of page 17, you have House Bill 5221. Read the Bill, Mr. Clerk."

"Representative Pritchard."

"You've heard the Lad… Gentleman's explanation. Is there any discussion? Representative Jack Franks."

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

"Sponsor yields."

"Representative, why do we need these changes?"

"Why are we changing the standard from 'willfully', rather than 'knowingly'? Isn't that a much higher standard?"

"Well, here's my concern with limiting the… the liability here. Let's assume that the person who's obligated to pay child support also happens to own the company. So, he's put up a… he has put a corporate structure together where he pays himself as an employee; then as the employer, owning the company, he just doesn’t pay. It may be cheaper under this way not to pay the $100 a day if he's a high income earner. It might be cheaper for him to take your penalties."

"Understood. But let's assume he doesn't willfully pay and as a result, the custodial parent goes to court to get an order for the money to be withheld from his paycheck. Because let's assume he's a C-corporation…"

"…and he's getting paid by the corporation. Well, let's assume this individual is the CEO of a very large corporation and makes a very substantial income. It would be cheaper for him not to pay and to get fined $100 a day than to actually pay this under this legislation."

"Correct."

"But the most…"

"But the most he could be fined would be $100 a day."

"Correct."

"So, let's assume he's a high worth individual and he needs to pay $5 thousand a month in child support. So, if he… so, let's assume this goes on for a year. He should've paid 60 grand; it's cheaper to pay a $10 thousand penalty."

"Correct."

"One more minute to finish this discussion, Gentlemen."

"I agree, but…"

"Thank you." 09700112.doc 107  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"…I think you're… I think the penalty… I don't know why we would have a limit on the penalty. That's my argument. I don't know why we would have an…"

"…upper limit."

"I… I've seen this plenty of times in court where there's a… another family member who may own the company, or whatever it is, and that… what you have to do, oftentimes, is file what's known as a conditional judgment against the employer to make them actually answer. So, I'm concerned anything that we might be doing to weaken those provisions."

"Representative Mulligan."

"Sponsor yields."

"Representative Pritchard to close."

"The question is, 'Should House Bill 5221 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. Representative Pritchard."

Speaker Lyons: "Mr. Clerk, put this Bill on the Order of Postponed Consideration. Top of page 18, Ladies and Gentlemen, following along in the Calendar. Representative McAsey, you have House Bill 5235. Read the Bill, Mr. Clerk." 09700112.doc 110  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Representative McAsey."

"Thank you, Mr. Speaker, Members of the House. House Bill 5235 is an initiative of Illinois Attorney General Lisa Madigan's office. Essentially, what this is doing is correcting an unintended consequence of a CLEAR commission Bill. It's restoring language to fix a situation where right now, child pornography cannot be charged unless a prosecutor can prove that the victim is over the age of 13. This is restoring the law correcting the unintended consequence. I ask for your support."

"You've heard the Lady's explanation. Seeing no discussion, the question is, 'Should House Bill 5235 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? Mary Flowers, would you like to be recorded? Take the record. On this Bill, there's 107 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative du Buclet, on page 5459. You have House Bill 5459. Out of the record. Representative Monique Davis, on page 18 of the Calendar, under Third Readings, you have House Bill 5478. Read the Bill, Mr. Clerk."

"Representative Davis." 09700112.doc 111  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 Davis, M.: "Thank you, Mr. Speaker. This Bill provides an exception from the provision concerning the public inspection of records, books, and papers of the Office of the Director of Insurance for information that is exempt from disclosure under the Freedom of Information Act. Current law provides that the Director of Insurance shall be a public office and the records, books, and papers on file will be accessible to the inspection of the public, except as the director may decide for good reason. This Bill helps to protect the proprietary information on a device that has… well, it is not available to the public because it is a private company's device. And under the current law, Progressive cannot file their relevant rate information with the department without revealing a trade secret. And this Bill will help to exempt them, and protect their trade secret information. I will answer any questions. And I ask for an 'aye' vote."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, all those in favor of passage of House Bill 5478 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 61 Members voting 'yes', 44 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Emily McAsey, House Bill 5486. Read the Bill, Mr. Clerk."

"Representative McAsey."

"Thank you, Mr. Speaker and Members of the House. This is an initiative of the AARP. Essentially, it is making a change to the theft statute. In specific instances where a victim is over age 60 and the amount of the theft has been greater than $5 thousand, it is adding in provisions for theft by threat intended to give an additional tool to prosecutors when the financial exploitation statute doesn't exactly fit, but we have the heightened, seniors being victims. I ask for the support of the Body."

"You've heard the Lady's explanation. No one seeking recognition, the question is, 'Should House Bill 5486 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Golar, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 106 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative McAsey on House Bill 5511. 5511. Read the Bill, Mr. Clerk."

"Representative Emily McAsey."

"Thank you, Mr. Speaker and Members of the House. This is an initiative of the Illinois State’s Attorneys Appellate Prosecutor. Basically, it's clarifying statute arising from an appellate case to clarify that a court may impose both straight time and periodic imprisonment so long 09700112.doc 113  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 as it doesn't violate the total maximum sentence permissible for the offense. I ask for the support of the Body."

"You've heard the Lady's explanation. The Chair recognizes Representative Roger Eddy."

"State your inquiry, Sir."

"Sorry, Roger. On the Order of…"

"Sponsor yields."

"Periodic imprisonment would be anything other than straight time. So, perhaps, it's Friday through Sunday. Maybe it's Tuesday through Thursday. Maybe it's Monday, Wednesday, Friday."

"It doesn't… it doesn't make any change to the definition of 'periodic imprisonment' or 'straight time', but basically is providing and clarifying that judges can impose sentences oth… a combination of both straight time and weekends, if that's what's appropriate."

"I'm sorry. Can you repeat that? I didn't hear your question."

"Basically, all that this Bill does is… it arises out of an Appellate Court case in Whiteside County where, because… because of what was previously, kind of, less clear language, a judge did not believe that the judge could impose a sentence of straight time of 90 days and then impose a sentence that included additional time to be served on weekends, where that total time was still within the permissible maximum sentence. And so all this is doing is giving the judge the flexibility to, in fact, sentence someone appropriately. So, 180 days, may be 90 straight, a number of them on weekends."

"No. There's no opposition to the legislation. This Bill is essentially similar to House Bill 3292 that passed this Body unanimously last Session."

"Representative Durkin." 09700112.doc 115  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"The Sponsor yields."

"Whiteside County."

"This was a concern of the State’s Attorneys Appellate Prosecutor recognizing that there was…"

"…some lack of clarity."

"I… I believe that there was… that there was a lack of clarity based on the way that the statute reads prior to this change."

"How many years?"

"Just a little bit more than three."

"I can."

"I… I can name other pieces of legislation that I've passed that…"

"In fact, there is."

"Yes."

"Thank you."

"Representative Mulligan."

"Sponsor yields."

"It… thank you. This… this legislation is not about any particular sentence that ought to be imposed, given a particular, factual scenario, but just is making sure that judges have the ability to sentence both to… it… warranted straight time and in addition to serving straight time, can also have a… a criminal defendant serve time on weekends. So, in this specific fact pattern that… that brought about the legislation, someone was… had served prior to trial no… more than 90 days in custody and then the court wanted to impose an additional sentence, prosecutors wanted to impose an additional sentence following that and… and were not able to. And so, that's… that's what this… why this is here. It's just to bring about greater flexibility for the courts in imposing their sentence. It's not saying that there should be one sentence or another."

"I would agree with you, Representative. And that's exactly why this Bill is here, is to afford greater clarity because of differences in application of the law around the state."

"Representative McAsey to close." 09700112.doc 118  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"I thank the Members of the Body for their comments and ask for your 'aye' votes."

"The question is, 'Should House Bill 5511 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 88 Members voting 'yes', 13 Members voti… voting 'no', 4 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lisa Dugan, you have House Bill 5539. Read the Bill, Mr. Clerk."

"The Lady from Kankakee, Representative Lisa Dugan."

"Thank you, Speaker, Member of the House. This is an initiative of the Illinois Fertilizer and Chemical Association. What it does is it modernizes the Illinois Fertilizer Act, which has not been sub… substantially changed since 1961. It also sets up a fe… a fee structure that the fertilizer industry themselves will be paying in order to look at new revenue that's needed for… in the Illinois Department of Agriculture for nutrient research and water quality programs. It's a very good idea of the industry coming up themselves to… to raise the revenue themselves in order to provide for Illinois the research and water quality programs that we have. So, it's… it's a program that's supported by the Farm Bureau, the Sierra 09700112.doc 119  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 Club, the Illinois Environmental Law Policy Club, Soil and Water Conservation Districts, the Department of Ag, the Illinois Soybean Association, and others. So, I certainly would be happy to answer any questions, and I would certainly like an 'aye' vote."

"Representative Moffitt."

"The Sponsor yields."

"Yes."

"Yes. I believe so, Representative. I know that we always have that concern about the funds being swept, but the Illinois Fertilizer Group and… and those that are involved in this feel very comfortable that that money will go into the Department of Ag and be used for people to make sure that they are regulated, as they need to be. They're paying to be regulated themselves." 09700112.doc 120  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Yes. Correct."

"Thank you."

"Representative Dugan moves for the passage of House Bill 5539. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 80… 84 Members voting 'yes', 22 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Moffitt has House Bill 5540. Read the Bill, Mr. Clerk."

"The Gentleman from Knox, Representative Don Moffitt."

"Representative Brauer."

"Representative Moffitt moves for the passage of House Bill 5540. All those in favor signify by voting 09700112.doc 122  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 '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 Mell. Representative Nekritz. Representative Golar. Mr. Clerk, take the record. On this Bill, there's 106 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Brauer, you have House Bill 5606. Read the Bill, Mr. Clerk."

"Representative Brauer."

"You've heard the Gentleman's explanation. No one seeking recognition, the question is, 'Should House Bill 5606 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mell. Representative Nekritz. Mr. Clerk, take the record. On this Bill, there's 107 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mike Tryon, you have House Bill 5642. Out of the record. Representative McAsey. Busy. House Bill 5650. Read the Bill, Mr. Clerk." 09700112.doc 123  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"Rep…"

"Representative Emily McAsey."

"Thank you, Mr. Speaker, Members of the House. This is not an Act concerning criminal law. What this is doing is creating a State Vehicle Use Act. Essentially, it comes out of findings of an audit by the Auditor General that was released this past fall. It pointed out numerous problems with regard to the control and the use of state vehicles. So, essentially, what this Act will do is to set up minimum standards across all of our state agencies to monitor the state vehicles fleet to ensure that… that these vehicles are… are being used. It includes requiring that every agency had a policy created with regard to state vehicle use. A policy, specifically, about take-home vehicles, that procedures regarding daily u… use logs and mileage recording are parts of… of those vehicle use practices, and looking at the vehicle use analysis to… to make sure that this is the most cost-effective use of… of our vehicles. So, I would ask for the support of the Members and…"

"Representative Lang."

"Thank you. Will the Lady yield?"

"She awaits your questions, Leader."

"Representative, if somebody abuses the privilege of having a vehicle, can they go to jail?" 09700112.doc 124  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"There is no criminal penalty in this Bill. This is about making sure that we are having greater transparency, and… no criminal penalties."

"Don't you want to take this back to Second and add some criminal penalty to it?"

"Perhaps, I'll bring another Bill at another time."

"All right. Well, you know, this is one is a row, so good for you."

"Representative Bill Mitchell." Mitchell, B.: "Would the Sponsor yield?"

"Sponsor yields." Mitchell, B.: "Representative… where is she?"

"Yes." Mitchell, B.: "Ah, there she is. Representative, I… I read the audit, the Auditor General's report."

"Yeah." Mitchell, B.: "And I presume this is what… how many state employees get to take a automobile home?"

"It… it is a… an astounding… astounding findings in the audit. I think that this is really just the first step in working to address the audit findings. But I thought at this point, we should make sure that across all of our agencies, we… we don't… there… there are no policies whatsoever. There's no uniformity. There are a total of more than 16 thousand vehicles, and 5 thousand… more than 5 thousand of those are assigned to individual employees. More than 5 thousand of them are authorized to be taken home. Many agencies do not keep any records or any logs 09700112.doc 125  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 with regard to those… that vehicle use. And that's something that we need to clean up." Mitchell, B.: "And… and I appreciate your efforts on this, but in the report, and I think that as my memory serve, we do have 5 thousand… some state workers, at least 5 thousand of them, take a vehicle home. They use state gas. I guess we're broke."

"And… and that's a real concern. That's exactly why, in the first place, I sponsored the audit to gather the information. That's why I'm here with this Act today, is because that… we can't allow that to continue to go on. First and foremost, creating transparency, shedding light on this. We need to do that and… one of the other audit findings has to do with breakeven miles, that with individual vehicles being assigned, oftentimes, what we need to really look at is reimbursements or no vehicles whatsoever." Mitchell, B.: "And I guess that's the point. So, what is… what is… to succinctly put it, what does this… your legislation do?"

"Succinctly put, what this does is create a State Vehicle Use Act to make sure, first and foremost, each of the agencies has a vehicle use policy that, within that policy, it specifies rules regarding take-home vehicles, making sure that they are being used only for state-related business, making sure that mileage and purpose of the vehicles use is being recorded." Mitchell, B.: "And… and I appreciate… you've done a great… I mean, you were the one who did the audit and so, I 09700112.doc 126  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 appreciate that work. Before I was in the General Assembly, I was at Central Management Services, and I don't… I did not think we had 5 thousand automobiles that state workers took home. That's what, possibly 10 percent of state workers?"

"I, actually…" Mitchell, B.: "Maybe more than that? Maybe more than that?"

"I haven't done that calculation. I… I couldn't speak to that, but it's astounding." Mitchell, B.: "I guess I would like to see us… according to the Governor… I mean, the state is broke. It's kind of astounding if you ask a business person in the State of Illinois. Okay, you're bankrupt, but you're still providing automobiles that people can drive around. Why don't we go further and just ground them. No use. Can we work on that this Session?"

"Representative Mitchell, your time is expired. We'll give you another minute to finish up." Mitchell, B.: "And that's all. I… I appreciate. I just have… I think the Body should know 5 thousand state cars are taken home by workers when the state is broke. I appreciate the… the Representative's work on this."

"Representative McAsey to close."

"Thank you so much for your comments, and again, I think that this is a starting point. There is much more work to be done in this area to make sure that we are cleaning up and using the state's resources in the best way possible. Especially, recognizing the… the fiscal crisis 09700112.doc 127  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 that this state is in. So, I urge your 'aye' votes. Thank you."

"The question is, 'Should House Bill 5650 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bost, Riley. Mr. Clerk, take the record. On this Bill, there's 107 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative McAsey on House Bill 5653. Read the Bill, Mr. Clerk."

"Representative McAsey."

"Thank you, Mr. Speaker and Members of the House. This is the final piece of legislation that I will present this afternoon. This is also an initiative of the AARP. You may recall last spring I sponsored legislation making changes to the financial exploitation of the elderly statute following conversations with practitioners. As that legislation has gone into effect, this essentially is making a couple of tweaks to make sure that, in fact, we are capturing the universe of people who are in a position of trust or confidence, and can exploit seniors. So, specifically, it is adding 'caregivers', whether paid or unpaid, to the definition of people who stand in a position of trust or confidence. It is also adding language that allows for a prosecuting attorney to file a petition within the courts regarding res… sorry, regarding seizure or 09700112.doc 128  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 freezing of the assets that a defendant may have taken from that senior. And I ask for your support."

"Representative Durkin."

"Sponsor yields."

"What the legislation specifies is that the prosecuting attorney may file a petition with the Circuit Court of the county in which the defendant has been charged."

"It… it's… the intention is to freeze the assets while a case is pending so that a criminal defendant can't use those unlawfully obtained… allegedly, unlawfully obtained assets in… while supporting their defense." 09700112.doc 129  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012

"The intention is that this would freeze the assets while the case is pending and have a separate restitution action."

"But…"

"I appreciate those comments, and would be… would like to continue to have that discussion with you."

"My… what I would like to do is if we can pass the Bill this afternoon and continue, perhaps to work on that language to capture the point that you're making, and make sure that the…"

Speaker Lyons: "Jim, your time expired. But I'll let you continue for another minute or so."

"Representative Durkin, I would be happy to sit down with you if… and would pull the Bill from the record today."

"Thank you."

Speaker Lyons: "Take that Bill out of record, Mr. Clerk. Representative Penny, being the veteran you are, now on third Bill… Third Readings, we have House Bill 5682 on the Order of Third Reading. Read the Bill, Mr. Clerk."

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

"This Bill is a technical correction to have the exemptions under unlawful use of weapons put into sync with the technical requirements with the Department of 09700112.doc 131  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 Professional Regulation that control when a security officer can carry a firearm. The Department of Professional Regulation has a lengthy list of rules and regulations about training requirements and documents that are sent to the department, and documents that the department issues to the guard. However, in the unlawful use of weapons statute where they carved out exceptions for private detectives and security guards to carry firearms while they're on duty or going back and forth to work, the language was imprecise and it allowed a security guard on duty however, carrying a concealed weapon without the permission of the client or of the employing security contract or agency to car… he carried a firearm, got caught, was arrested, and the exception in the Criminal Code, being written the way it was, was imprecise to the degree he was acquitted. He then, subsequently, filed a civil lawsuit against the arresting agency and received a judgment. So, this language corrects that defect. It does not add anything, nor take anything away with regard to carrying concealed weapons, or give any additional power to a security officer or take that power away."

"You've heard the Gentleman's explanation on the Bill. There's no one seeking recognition, the question is, 'Should House Bill 5682 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 95 Members voting 'yes', 11 voting 'no', 1 Member voting 'present'. This Bill, having received the 09700112.doc 132  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 112th Legislative Day 3/8/2012 Constitutional Majority, is hereby declared passed. Representative Costello on House Bill 5685. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5685 allows a Department of National (sic-Natural) Resources Conservation Officer the ability to remove individuals or groups involved in illegal acts or disorderly conduct from land owned, leased, or managed by the department. Currently, the legal department of DNR does not believe they have this authority and that's why they've asked me to run this legislation. Thank you. And I ask for an 'aye' vote."

"You've heard the Gentleman's explanations. Is there any discussion? Seeing none, the question is, 'Should House Bill 5685 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 107 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on Supplemental Calendar #1, what's the status on House Bill 4452?"

Speaker Lyons: "Third Reading. Mr. Clerk, committee announcements."

"Mr. Clerk, Agreed Resolutions."

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. Mr. Clerk, read the Adjournment Resolution."

"Leader Currie moves for the adoption of the Adjournment Resolution. All those is favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have. And the Adjournment Resolution is adopted. And now, seeing no further business to come before the Illinois House of Representatives, Leader Barbara Flynn Currie moves that we adjourn ‘til the hour of 10 a.m. on Friday, March the 9th. All those in favor of the adjournment signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And allowing perfunctory time for the Clerk, the House stands adjourned 'til the hour of 10 a.m. tomorrow, Friday, March 9th. Have a pleasant evening, everyone."