Illinois House Floor Debate — March 28, 2012

Speaker Lyons: "Good morning, Illinois. Your House of Representatives will come to order. Members are asked to please be at your desks. We shall be led in prayer today by Father Urban Osuji who is with the St. Mary's Catholic Church in Valmeyer, Illinois. Father Osuji is the guest of Representative Costello. Members and guests are asked to please refrain from starting the laptops, turn off all cell phones and pagers and rise for the invocation and the Pledge of Allegiance. Father Osuji."

"Representative Joe Sosnowski, would you lead us in the Pledge of Allegiance, Sir."

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

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

"Leader Bost, Republicans."

"Mr. Clerk, take the record. There's 114 Members responding to the Roll Call, we have a quorum present and we're prepared to do the work for the people of the State of Illinois. Mr. Clerk."

"Representative Bost."

"Enjoy yourself. Do your personal privilege and then carry on with the inquiry if needed."

"I will defer the ultimate answer on that to somebody who has a better knowledge of that than I do, Representative. My guess would be technically the people of the State of Illinois."

"Thank you, Representative. Your point is so well-noted. I have five people. I assume you're all wanting 09700119.doc 7  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 to speak for a point of personal privilege, so I'll acknowledge you for that reason. Representative Mayfield."

"I'd ask all the Members of the House to join me in wishing Leader Marlow Colvin a happy birthday today. It is Marlow's birthday."

Speaker Lyons: "Marlow Colvin, happy birthday, big guy. Representative Al Riley."

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

Speaker Lyons: "I think all… everybody's recognized for personal privilege, Al, so please proceed. We've got about four speakers that are all for the same thing."

"Oh. Thank you very much. I'd like everybody to welcome one of my constituents, a vice president of First Midwest Bank and a former graduate student of mine, Dai Zhang who is here and her daughter Vivian Cui is a Page. Dai, could you stand up. Thank you very much. Thank you, Mr. Speaker."

"Representative Barickman. We'll get back to him, a point of personal privilege. Representative Gaffney, a point of personal privilege. MIA, we'll get back to him. Representative Gordon. A point of personal privilege, Representative."

"Thank you, Mr. Speaker. Before us, in the Speaker's Gallery, if you gentlemen would stand, please. We have before us today the Peoria Central High School team, the 3A State Basketball Champions. These young men have put forth so much work. Peoria Central is the pride of Peoria. And for a few facts: the Peoria Central High School is the oldest high school in Illinois. Peoria Central won their first championship in 1908 and as a matter of fact, Peoria 09700119.doc 8  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 High School along with Peoria Manuel, where my husband is the coach, is only second to Chicago Simeon with five state championship trophies. We build champions in Peoria. Another fun fact. Representative Cavaletto, if you could stand, please. Representative Cavaletto used to be the head basketball coach at Mater Dei Green and in 1974, Peoria Central, led by their now head coach, Coach Dan Ruffin, beat Representative Cavaletto's team in the state championship game. Please welcome… please join me in welcoming our Peoria High School 3A State Basketball Champions."

"Congratulations, Peoria Central. We're all very proud of you. David Reis, a point of personal privilege."

Speaker Lyons: "Welcome to your Capitol. Enjoy your day. Representative Karen May, Motion… personal privilege."

"Yes. Thank you, Speaker. I would like the Body to help me welcome my staffer from my district office Ellen Goldsher in the… in the denim right there. Wave to Ellen. We get a lot of mail and she helps me answer it. And she's looking for a new job, right, thanks to Representative Franks. And my Page today is her daughter Jen Goldsher, who if… you can come by and see… when she was 2 years old, was sitting on my lap with a cute red bow on her head to help in one of my brochures… a photo for a brochure and now she's 12 years old, ever bit the teenager and athlete and just as cute as 09700119.doc 9  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 she was at age 2. So, thank you for welcoming the Goldshers to Springfield."

"Have a great day at the Capitol. Representative Mike Unes."

"FSA members, welcome to your Capitol. We're proud to have you down here today…"

"…and thanks for lunch."

Speaker Lyons: "Representative Brandon Phelps, point of personal privilege."

"Thank you, Mr. Speaker. Ladies and Gentlemen, don't forget tonight at 6:00 at the State House Inn, which is not that far away, we have our own Jim Sacia, Representative Sacia, is going to be the auctioneer. The Illinois Legislative Sportsman's Caucus at 6:00, auction at 7. Hope you're there."

Speaker Lyons: "Thank you, Representative. Representative Reboletti…"

"…point of personal privilege, Dennis." 09700119.doc 10  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Welcome to your Capitol. Glad to have you. Representative John Cavaletto, a point of personal privilege."

"Kim, thanks for coming down. Birthday boy, Representative Marlow Colvin."

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

"Please proceed, Leader."

"Mr. Speaker, I wanted to bring to everybody's attention a couple… well, a new Democrat and Will Davis's wife is here with us today, Jaclyn and a brand new addition to their family, their five-month-old daughter, Jana is here in Springfield."

Speaker Lyons: "Representative Smith, you guys do some beautiful work; she's gorgeous. Representative Jason Barickman on a point of personal privilege, Representative."

"Mike, welcome to your Capitol. Proud to have you here today. Representative Pritchard, point of personal privilege."

"Once again, Ladies and Gentlemen, I will make every attempt to, in an alphabetical order, call Bills that you've submitted to Scott or to Tim in the order of your priority. So, again, we're hop-skipping around when I can't 09700119.doc 12  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 find people at their desk. I understand people are busy, get called out to the rail and I will make my best attempt to work these sheets which you have submitted for your Bills in the priority that you've submitted. To start off, Representative Acevedo, on the Order of Third Readings, on page 18 of the Calendar, you have House Bill 2912. What's your pleasure, Leader? Out of the record. Representative Beiser, on page 12 of the Calendar, under Bills-Second Reading, you have House Bill 5122. What's the status on that Bill, Mr. Clerk? House Bill 5122."

"Representative Beiser on Floor Amendment #2."

"Yes. Simply adds cemeteries and cemetery personnel to the list of exemptions in their act of official duties."

"Gentleman asks for the adoption of Amendment #2. All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"

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

"Representative Beiser." 09700119.doc 13  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Thank you, Mr. Speaker, Members of the House. 5122 is brought to me by the State's Attorneys Association. Basically what… the situation in the metro east and I'm sure throughout the state we're having a series of specifically, heroin overdose deaths and bodies are being moved to avoid prosecution and contaminate the crime scene. This will deal with that. And I'd ask for a favorable consideration. Happy to answer any questions."

Speaker Lyons: "You've heard the Gentleman's explanation. Representative Reboletti."

"Sponsor yields."

"Certainly. And that's certainly the intent and we'll make sure the language reflects that."

"Representative Beiser moves for the passage of House Bill 5122. 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? Chad Hays, like to be recorded, Sir? Mr. Clerk, take the record. On this Bill, there's 114 Members voting 'yes', 0 voting 'no'. This Bill, having received the 09700119.doc 14  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 Constitutional Majority, is hereby declared passed. Representative Dan Biss, on the Order of Second Readings, on page 11 of the Calendar, you have House Bill 4996. What's the status on that Bill, Mr. Clerk?"

"Representative Biss on Floor Amendment #2."

"Yes. Thank you, Mr. Speaker and Members of the chamber. Floor Amendment #2 is a technical Amendment that simply streamlines some aspects of this Bill which should make implementation more straightforward. I'd ask for an 'aye' vote."

"The Gentleman moves for the adoption of Floor Amendment #2. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading and read the Bill."

"Representative Dan Biss."

"Thank you, Mr. Speaker. This Bill is on the subject of return to work provisions in the State University Retirement System. There have been a series of incidents at 09700119.doc 15  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 a variety of institutions of public higher education at Illinois wherein an employee will retire and then after a very brief period of time return to work at the university now earning a full pension, let's say, 75 or 80 percent of their previous salary and also earning, let's say, 75 percent of their previous salary in ordinary compensation from the institution. If you add those two amounts together, you'll find the employee has received effectively a raise of 50 or more percent, but the institution is not required to pay that because half of it comes out of the pension fund not out of their salary. What this Bill does is it attempts to… while enabling carve outs, to have a variety of a reasonable situation persists, it attempts to curb some of the more inexcusable instances of this practice by simply asking under certain conditions for the employer, the university, to reimburse the pension system for the cost of the pension. The idea being that if it's worth it to the taxpayer to be covering that it should be worth it to the employer as well. It carves out a number of exemptions for hard time employment for certain emergency situations and also for employment that occurs where not the ordinary general fund or income fund of the university but rather some kind of grant money is supporting the salary in question. I'm happy to take any questions. And I'd appreciate an 'aye' vote."

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

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

"Sponsor yields." 09700119.doc 16  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Representative, I know this is a very technical Amendment and I'm looking at the analysis and I understand that this legislation would not limit the ability of a university or a community college to rehire an annuitant. But one thing I'm not sure I understand is that it says that if they rehire an annuitant and pay them a salary over 40 percent of their previous highest annual salary. What does that mean? So, if they made $100 thousand and now they're making 41 thousand or would it…"

"Here's what it means, Representative. It means that there are some situations where I don't think you want to ban the practice. So, let's say, you had someone who was on the faculty and taught, was a distinguished contributor to the department and then wants to come back and teach one course or two, teach a one-third load. I think that's great for the students; we should enable that. And so the question… the tactical question facing us in drafting the Bill was what counts as reemployment which we don't want to go on while the person is still drawing their annuity and the threshold that I put in place was that 40 percent. So, if you come back and you're earning 41 percent and all the other conditions in the Bill are triggered and the university still wants to hire them, they got to reimburse SURS for the cost of the pension, but if you're under that 40 percent, then it's acceptable under this Bill."

"Okay. So, let's assume that professor was making a hundred thousand."

"Yeah." 09700119.doc 17  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"But if he made… he came back and taught a couple of courses and only made 39 thousand, this would not trigger it, but if he made 40,100 it would."

"Correct."

"Okay. Is there any requirement here that the employee… and I'm not sure how this works… the employee would actually have to contribute to the annuity or would it only be the employer?"

"Oh, I see the reimbursement."

"Yes."

"It's only the employer. The idea is this, Representative. The idea is the employer is kind of getting an extremely good deal on the back of the pension system and so they would… the employer would be reimbursing the pension system for that cost and if it's still worth it for the employer to do it, then great and if not, then no. Now, there's a different question here. Does the employee, when they return, do they continue getting their annuity, in which case no one's paying into the pension fund for future benefits earned…"

"Correct."

"…or do they instead shut off their pension and continue accruing more credit. If they pick that option, none of the provisions of this Bill apply, but… and under that circumstance certainly the employee does keep on paying into the pension system."

"That's what I wanted to know. So, thank you for clarifying that then."

"Thank you." 09700119.doc 18  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Representative Jim Dunkin… Durkin."

"Thank you, Mr. Speaker. Thank you, Mr. Speaker."

Speaker Lyons: "Mr. Ken Dunkin. I'm sorry, Representative Dunkin."

"Yeah. Jim Durkin and I look so much alike."

Speaker Lyons: "Representative, with all due respect, your names are similar and I got to be a little more careful reading them. Representative Dunkin."

"Thank you, Mr. Speaker. Rep… Will the Sponsor yield for a question?"

"Spon…"

"Representative, why… according to my analysis, the Chicago Bar Association is against your Bill. Why is that?"

"Well… well, I'm surprised to hear that. With all respect, is it possible you're looking at a different Bill of mine? They do oppose a different Bill of mine."

"Can you repeat that?"

"I'm not aware of their opposition of this Bill. This is… is this House Bill 4996? I've not… I've not heard from them about this."

"Yeah. They're on there. I'm just curious. I think it's responsible legislation and I plan on supporting it. I'm just curious why the… how they showed up on a SURS Bill."

"Just… just to be clear, you said the Chicago Bar Association?"

"Correct."

"I'm… not only have I not heard from them, I can't frankly envision why that might be, but I'm eager to learn. There's been a… there's been a fairly proactive negotiation 09700119.doc 19  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 with a lot of groups that initially had a lot of concerns and were… were actually very constructive participants. A number of universities and other employer… representatives, but I have not heard from the Bar Association, sorry."

"Thank you."

"Representative Bob Pritchard."

"Sponsor yields."

"Yes. Thank you, Representative. The purpose of the legislation is that it is possible under the current law and the current Pension Code for an employee of the university system, particularly an employee who is under 60 and has earned substantial service credit to effectively offload a substantial portion of their compensation from the university to the pension system by kind of artificially retiring and then returning to work. That simultaneously, as I said, offloads a portion of the compensation from the university to the pension system while additionally providing the employee in many circumstances depending upon details of their work history with a pretty substantial raise. And so, you'll find that this is a situation that both impairs the health of the pension fund while also providing a net cost to the taxpayer. And to me it seems that there isn't a clear… a clear compensatory benefit and so the Bill seeks to curb that practice." 09700119.doc 20  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"The short answer is no. We weren't able to have detailed… to have detailed analysis done, but the belief of a number of people on all sides of this issue, I've spoken to, is that the impact would be non-trivial."

"Well, I feel that it's a practice that it persists that's not, you know, the definition of common is in the eye of the beholder, but it exists in a number of different institutions. It exists again and again. I feel strongly that it's not the case that this is one or two high profile instances. It is at least in some situations a habitual practice, yes."

"Well, there need not be any fiscal impact on the universities. If the universities choose to continue employing annuitants in a situation where they would have to reimburse the pension systems, there would be a cost, but that's of course the voluntary action on their part."

"Yes, I…"

"Oh, thank you."

"Representative Biss to close."

"Well, thank you. And quickly in response to that last point, Representative. I agree with that and that's why the Bill has several provisions to allow for that kind of activity. One is a provision which says that any activity for 18 weeks or less is completely exempted and a second is a point that the Bill… the action that the Bill triggers wouldn't go into effect until a year after the employment takes place. So, this is essentially a year-long freebie for any circumstance for anybody so as to allow for these kind of short-term situations where there's a sudden need placed upon the institution. My view, Ladies and Gentlemen, is that this is a reasonable and fair way of addressing this problem and avoiding some of the more problematic instances of this practice while still allowing for the flexibility that the institutions need. And I would certainly appreciate an 'aye' vote. Thank you."

"The question is, 'Should House Bill 4996 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? Monique Davis, Jerry Mitchell, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no', 2 Members voting 'present'. This Bill, having received the Constitutional Majority, is 09700119.doc 22  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 hereby declared passed. Representative Chad Hays, for what purpose do you seek recognition, Sir?"

"Please proceed, Chad."

Speaker Lyons: "Thanks for coming down. Enjoy the day. Representative Chapin Rose, point of personal privilege, Chapin?"

"Chapin, I think above you one of your people was here. So, let's acknowledge her with a round of applause. Representative Kent Gaffney, a point of personal privilege."

"Congratulations, Your Majesty, enjoy your day here in Springfield. We're all very proud of you. Representative Kay Hatcher."

"Congratulations, Ladies. Enjoy your day at the Capitol. Representative Kelly Burke, on the Order of House Bills-Second Readings, on page 8 of the Calendar, you have House Bill 4602. What's the status on that Bill, Mr. Clerk?"

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

Speaker Lyons: "The Lady from Cook, Representative Kelly Burke." Burke, K.: "Thank you, Mr. Speaker. House Bill 4602 is an initiative of one of the school districts in my area 09700119.doc 24  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 Ridgeland District 122. The district is seeking to restructure debt incurred in a 2000 and 2003 bond issue for the sole purpose of reducing the annual tax levy burden to the taxpayers of the district. The 2000 and 2003 bonds were issued after approval of voters in a referendum. In order to issue enough new bonds to refinance the old bonds to complete the restructuring, the district will need to go over its debt limit. The purpose of the legislation is to allow the district to restructure its debt in a less costly yet conservative way for the purpose of reducing the annual tax levy burden to the taxpayers of the district. I ask for an 'aye' vote."

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

"Sponsor yields."

"The Chair recognizes the Gentleman from Lake, Representative Ed Sullivan."

"On Third on…"

"…Reading."

"Representative Burke to close." Burke, K.: "I ask for an 'aye' vote."

"The question is, 'Should House Bill 4602 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 Mulligan, Reboletti and Rose, would you like to be recorded? Dennis. Mr. Clerk, take the record. On this Bill, there are 74 Members voting 'yes', 40 Members voting 'no', 0 voting 'present'. This Bill, having received the 09700119.doc 26  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 Constitutional Majority, is hereby declared passed. Representative LaShawn Ford on a point of personal privilege."

"Thank you, Mr. Speaker. I would like the Body to recognize today the Acute Care Center at the University of Illinois. They're down here to raise their awareness for sickle cell anemia. And they're here to ask this Body that we would join them and form a Legislative Sickle Cell Anemia Caucus to fight for their right to increase funding, better education in schools and a system to raise their awareness for this dreadful disease. And please welcome the people with sickle cell; they're here and Bonnye Johnson, she's leading the charge. They're in the gallery here. Please join me in recognizing them. Thank you for com…"

"Thank you, U of I. Welcome to your Capitol. Glad to have you. Representative DeLuca, point of personal privilege."

"Yes. Thank you, Mr. Speaker. Ladies and Gentlemen, maybe if you… many of you have seen this photograph that I have on my computer here. It's been here for a couple years. Please join me in welcoming Mr. Jim Clancy. He's with us today. He was the doorkeeper for 10 years here. He has since retired. Let's wish him well. Mr. Clancy."

"Jim, you look terrific. Retirement must agree with you. Glad to see you, our friend. Leader Dan Burke, on page 4 of the Calendar, under House Bills-Second Reading, you have House Bill 3812. What's the status on that Bill, Mr. Clerk?" 09700119.doc 27  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Leader Burke on Floor Amendment #4. Take that Bill out of the record on the request of the Sponsor. Representative Patti Bellock, on the Order of Third Readings, on page 21 of the Calendar, you have House Bill 5679. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Lady from DuPage, Representative Patti Bellock."

"You've heard the Lady's explanation. The Chair recognizes Representative Jack Franks."

"Thank you, Mr. Speaker. I have a parliamentary inquiry."

"State your inquiry, Sir."

"If House Bill 5679 is identical to the Governor's Amendatory Veto of House Bill 1659, which was overridden unanimously in both chambers, isn't this already law?"

"Representative, we'll have to get back to you on that. We'll make the call…"

"Please."

Speaker Lyons: "…and have the parliamentarian address the issue."

"May I ask the Sponsor a question, then?"

"Sure. Go ahead, Jack."

"Patti, could this be the Governor's suggested changes according to the Amendatory as a follow up to the House Bill 1659, which we had unanimously overridden?"

"Well, I'm concerned that maybe… can we pull it out of the record for a minute 'cause I'd like to check…"

"…because our… our analysis indicates that this is identical to the Bill that we had previously overridden."

"Well, to…"

"Patti, you're fine with that? We'll take that Bill out of…" 09700119.doc 29  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"…the record temporarily and see if we can get these issues resolved and then we'll get back to you. Thank you. Take the Bill out of the record, Mr. Clerk. Representative Dena Carli, on page 7 of the Calendar, you have House Bill 4393. Representative Carli. What's the status on that Bill, Mr. Clerk?"

"Hold this Bill on the Order of Second Reading, Mr. Clerk. We'll get back to it. Mr. Clerk, what's the status on House Bill 5679, Representative Bellock?"

"Representative Bellock, I was informed by the parliamentarian there's a question of Representative Franks that could be answered by the Member. So, Representative Bellock."

"Okay. Any further discussion? Seeing none, the question is, 'Should House Bill 5679 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The 09700119.doc 30  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Carli, Crespo, Mary Flowers, like to be recorded? Representative Carli, be recorded? Mr. Clerk, take the record. On this Bill, there's 114 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Kelly Cassidy, on page 13 of the Calendar, you have House Bill 5290, on the Order of Second Reading. What's the status on that Bill, Mr. Clerk?"

"Representative Cassidy on Floor Amendment #3."

"Thank you, Mr. Speaker, Members of the House. This Amendment addresses concerns about unfunded mandates raised by Members of the committee. We worked together along with the School Management Alliance and the Safe Schools Initiative to address concerns while still putting forth… I'm sorry… I'm sorry. We need to withdraw Amendment 3. Amendment 4 is the appropriate one."

Speaker Lyons: "Mr. Clerk, withdraw a Floor Amendment #3. What's… Any further Amendments, Mr. Clerk?"

"Representative Cassidy on Floor Amendment #4."

"I'm sorry about that. So, Floor Amendment 4 is the Amendment we discussed in committee yesterday that would 09700119.doc 31  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 address the concerns raised by the School Management Alliance and Members of the committee concerning unfunded mandates. At the same time, we… we continue to achieve our goal of creating meaningful policies in order to address the issues of school bullying. I would appreciate adoption of the Amendment."

"You've heard the Lady's explanation. Seeing no discussion, all those in favor of the adoption of Floor Amendment #4 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Floor Amendment #4 is adopted. Anything further, Mr. Clerk?"

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

"Representative Cassidy."

"Thank you. House Bill 5290 builds on progress made in 2010 when we passed the School Violence Prevention Act and created the School Bullying Prevention Task Force. The task force's recommendations included in need for some meaningful definitions and policies to be put in place to protect our students. Bullying continues to be a very serious problem in our schools, produces negative health, social and academic outcomes for our youth. Over a third of the… of students report that they feel unsafe in school because of one or more personal characteristics, half of Illinois students report that they've been verbally harassed, nearly a quarter of students reported that they 09700119.doc 32  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 had been physically harassed or assaulted in school in the past year. Over 25 percent of the Illinois high school students report skipping school in the past 30 days due to feeling unsafe. Students targeted by bullying behaviors are more likely to consider, attempt and commit suicide. We've seen this all over the country. Recently, in Minnesota, after a rash of suicides related to bullying, there was a court decision mandating policies very similar to what we are implementing here in order to protect students. And I ask for your favorable consideration."

"The Chair recognizes Leader Mike Bost."

"Sponsor yields."

"No, Sir. This… this would early as… this is behavior…"

"If you are asking if this covers, it sounds like you're asking about the… the applicability of the policy to 09700119.doc 33  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 religious institutions and schools. And religious schools are exempted from the Bill completely."

"Okay."

"The definition of bullying is already in the underlying law."

"It is not part of this Bill."

"It means any severe or pervasive physical or verbal act or conduct directed toward a student or students that has or can be reasonably predicted to have the effect of one or more of the following: reasonable fear of harm to the student, the person or property, causing a detrimental effect on physical or mental health, affecting an academic performance, interfering with the student's or students' ability to participate or benefit from the services, activities or privileges provided by a school. But that is in the underlying Bill passed in 2010."

"This is not part of this Bill."

"What this does… the underlying Bill required that school districts adopt a policy on bullying. We have not 09700119.doc 34  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 had compliance statewide and many of the schools have simply… have very minimal policies that do not fully address. This actually defines what a policy on bullying would look like to include the definition… the policy needs to include the definition that in… that is in the underlying Bill includes a statement that bullying is contrary to State Law and the policy of the school district or a nonpublic, nonsectarian elementary or a secondary school and includes procedures for reporting, investigating and addressing responses to bullying."

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

"I don't believe it does. This would be… this would have to rise to the level of harassment and torment. This is… this…"

"…to…"

"A single statement…"

"…I don't think could be reasonably."

"Given that this refers to reasonably predicted to have the following outcome, there is no reasonable person under any standard of law that would say one statement… one simple statement that I disagree with you, would put me at fear of physical harm. So, I don't believe that your situation would rise to that level. And bullying… bullying is the behavior. This is about behavior not belief. This is about…"

"No, it is not. Putting someone in fear is. I disagree with you and this will happen to you is different than I disagree with you."

"Representative Sandy Pihos."

"Sponsor yields."

"Representative Jerry Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Mitchell, J.: "Representative, there… there was a lot of confusion and a lot of concern in committee for this particular Bill and we had to wait for quite some time for it to even come out of committee. Could you go over what that promised Amendment will have in it that the former Representative was talking about?"

"Yes. The original Bill added a few categories to this… to the list of protected classes. Excuse me. So, the current language includes adding physical appearance, socioeconomic status, academic status, pregnancy, parenting status and homelessness to the list that was already there for 2010. I have committed to having those removed in the Senate." 09700119.doc 37  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 Mitchell, J.: "Well, Representative, why don't you simply take this Bill out of the record, make that Amendment a Floor Amendment, bring it back with it there so that the Bill we're voting on is the Bill that we all understand it to be, rather than send it over there with a promise, again. And most of the people in this Body have been around long enough to know that we can make all the promises in the world that it will be changed in the Senate, but we have absolutely no control over what the Senate does with the Bills we send them. We can make this promise. We can also say we will not concur with a Bill if it isn't done the way we say; however, if you send a Bill over there with the… with the number of votes that it needs to get out of this chamber, they don't change the Bill. They vote it out. We have no more say. It's done. It goes to the Governor. There's no concurrence on a Bill unless there's an amended change. Now, there are many Members here that have had that promise made to them and it does not happen because they run into… to various buzz saws and they come back here and say, well, sorry, I couldn't get the Amendment on because so and so objected; therefore, I passed it the way it came to me. So, once you lose control of a Bill, it's no longer yours even though your name's on it. You're still responsible for it, but it's not solely yours when you send it to the Senate. You understand what I'm saying?"

"With all due respect, I will keep my word." Mitchell, J.: "Well, you can't keep your word; your word means nothing when it gets to the Senate, if you've given up control of the Bill to the Senate." 09700119.doc 38  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"I already have a commitment that it will be done." Mitchell, J.: "Well, I've had those commitments before and Representative, they don't always hold. Ladies and Gentlemen, the problem with the Bill, the concern that we have is, once you begin to describe billy… bullying to enhance the definition that's there, you sometimes run into problems with other… with various groups and that's what's happened with this Bill. It's also… now requires much more of school districts; therefore, it's a huge unfunded man…"

"We'll give you another minute, Jer." Mitchell, J.: "It's a huge unfunded mandate on our schools and that the… the situation that we have, the way this Bill is written I recommend that we vote 'no', go back to the drawing board, get it right. When it comes out of the House and don't send a flawed piece of legislation to the Senate with a promise it'll be fixed in a ver… in another chamber. Thank you, Mr. Speaker."

"The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."

"Sponsor yields."

"There are three school districts with no policy at all and over 20 with simple… with inadequate policies, one line policies at best." 09700119.doc 39  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"I don't have those with me."

"Actually, ISBE would like this Bill passed so they have guidelines to provide to help school districts comply. This is not an unfunded mandate. This does not… this gives school districts the tools they need to comply with the mandate that was passed in 2010."

"This is ISBE's response. This is their evaluation of those… of those policies."

"Leader Lou Lang."

"Thank you. Will the Sponsor yield?"

"Sponsor yields."

"Representative, as you see I'm a cosponsor of the Bill, but the… the Bill has changed a few times, so I want to make sure I understand what we're talking about. And… and I… I came in a little late and I heard some of the comments, but I… you're probably aware that a few years ago I was the Sponsor of a Bill that became law that required the State Board of Education to monitor every school district in Illinois to make sure they had an individual bullying policy in those school districts. And has the state board done that?"

"This Bill is the result of both the work of the task force that was created in your original Bill and the work of the state board who brought to… to my attention the absence of policies in at least three school districts and the inadequacies in the other policies that they found. And the desire on the part of school districts to have more guidance and that came out from the task force as well, that there needed to be more guidance for these school districts in order to comply." 09700119.doc 41  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"And so, the state board would say that every school district in Illinois complied with that law except for three?"

"No. Three did not comply at all. More than 20 were found to be inadequate. They did not… they did not fully… they did not define bullying or responses or any of the pieces that we've put into this to give these school districts the guidance they need in order to… yo create effective policies on bullying."

"And what sanctions, if any, did the state board put into place for the school districts that either didn't do a policy or had inadequate policy?"

"They were not empowered to sanction under the original Act or under this one."

"And did they make an effort with those 23 school districts to resolve those issues?"

"The desire was to have a full… a more fully defined guideline for the school districts under the Act so that they can use this to help them comply."

"And so, is there… are there sanctions in this lit… piece of legislation?"

"No, there are no sanctions."

"Well, then wouldn't we be right back where we were, previously?"

"I don't believe so. I believe that the lack of compliance is based on a lack of understanding of what is needed. This helps to define what is needed. This gives these school districts the tools they need to comply with the original intent of the Safe Schools Act." 09700119.doc 42  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"And you believe then that if we pass this legislation the original intent of my Bill will be fulfilled?"

"I do."

"And that would be that every school district in Illinois have a bullying policy that's enforceable locally by parents and students?"

"Absolutely. Parents and students will know what is expected of them. They will know what is expected of their schools in terms of compli… or in terms of responding to acts of bullying. I hear very often from parents who feel like they aren't heard, that their… that their efforts to find help are silen… fall on deaf ears. I hear tragedies from parents as well."

"Thank you. If I could just make a comment, Mr. Speaker… a few more seconds."

Speaker Lyons: "We'll give you extra time, Lou, that's no problem. Continue."

"Thank you. Mr. Speaker, Ladies and Gentlemen, we all know bullying to be an insidious part of what goes on in schools, some of it is physical, some of it is emotional and psychological intimidation. We began to take the steps when we passed a Bill a few years ago, now we need to take more steps. We see more and more of these problems. And yes, maybe the State Board of Education shouldn't take over all of it, and yes, we're all for local control, but something must be done to stem the tide. Perhaps, as some have suggested, there are further refinements that are necessary to this Bill. I want to think that through, but those refinements can take place in the Senate. We have a 09700119.doc 43  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 good Sponsor who's responsible about this legislation and cares deeply about it and I know she will follow this through in the Senate. And I would urge your 'aye' votes."

"Representative Jim Sacia."

"Sponsor yields."

"I don't know that their opposition will be fully removed, but the concerns that were raised in committee yesterday will be addressed in the Senate."

"Representative Cassidy to close."

"As we've discussed very… very clearly, we took great and important steps in 2010 to address what is happening to our children in our schools. And through that work, the task force has worked since then, it became very clear that what was needed was more clarity, more tools for school districts to create policies that… that are effective while still addressing their local needs and fitting the character of their local communities. This Bill does exactly that without placing any unfunded mandates on these districts. I ask for your 'aye' vote."

"The question is, 'Should House Bill 5290 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? 09700119.doc 44  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 Have all voted who wish? Have all voted who wish? Crespo, DeLuca, Gaffney, Hatcher, Thapedi, Unes. Have all voted who wish? Take the record, Mr. Clerk. On this Bill, there are 61 Members voting 'yes', 49 Members voting 'no', 2 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Sacia, do you seek recognition, Jim?"

"Welcome to your Capitol, kids. Enjoy the day. Representative Linda Chapa LaVia, on the Order of Third Readings, on page 21 of the Calendar, you have House Bill 5825. Read the Bill, Mr. Clerk."

"Representative Linda Chapa LaVia."

"Thank you, Speaker and Members of the General Assembly. The analysis on 5825 is actually cleanup language, but it amends the School Code to increase the amount school districts are eligible to be reimbursed per… per teacher for student requiring home and hospital instruction from 8 thousand to 9 thousand. I hope for its passage. Thank you."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 5825 signify by voting 'yes'; those 09700119.doc 45  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Dunkin and Hatcher, would you like to be recorded? 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 Rich Brauer, on page 8 of the Calendar, under House Bills-Second Readings, you have House Bill 4566. What's the status on that Bill, Mr. Clerk?"

"Representative Brauer on Floor Amendment #3."

Speaker Lyons: "Gentleman moves for the adoption of Floor Amendment #3. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #3 is adopted. Anything further, Mr. Clerk?"

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

"Representative Brauer on 45… House Bill 4566."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 4566 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? Colvin, Dunkin, Kay Hatcher, Camille Lilly. 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 Will Davis, on page 17 of the Calendar, you have House Bill 5831. Out of the record. Representative du Buclet, on page 21 of the Calendar, under House Bills-Third Readings, you have House Bill 5459. Out of the record. Representative Keith Farnham, on page 18 of the Calendar, under House Bills-Third Readings, you have House Bill 1535. Keith, 1535. Representative Farnham. Out of the record? Out of the record? Out of the record. Representative Sara Feigenholtz, Sara, on the Order of Second Readings, on page 11 of the Calendar, you have House Bill 4985, 4985. Out of the record. Representative LaShawn Ford, on page 18 of the Calendar, under House Bills-Third Readings, you have House Bill 3779. Read the Bill, Mr. Clerk." 09700119.doc 47  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"The Gentleman from Cook, Representative LaShawn Ford."

"Thank you, Mr. Speaker and Members of the House. I move for the adoption of House Bill 3779. It's a simple Bill to do everything that we can to reduce and make gaining employment in Illinois a little easier. Right now, the process for gaining employment in Illinois is to go and take a test at Central Management Services downtown and at different places in Illinois and you also go to the unemployment office to apply for unemployment when you're unemployed. The goal of this Bill is to bring the two agencies together and make sure that if you're applying for unemployment, that you have an opportunity to take a state test to be hired by the State of Illinois. So, this Bill simply creates a pilot… a five-year pilot and makes sure they we bring the two agencies together to put people to work in Illinois. And I move for the adoption of House Bill 3779."

"You've heard the Gentleman's explanation. The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."

"Sponsor yields."

"Yes. We removed it. In the initial Bill, it was my initiative to try and have the test take place every month at every location, at every DES office in Illinois. But the Amendment, Amendment 1, now limits it to quarterly and there's no opposition with that Amendment."

"That's my understanding with no opposition with CMS and IDES. That's correct."

"Well, this Amendment, I worked with IDES and CMS and they were fine with five years. It's not going to cost the state any money now. They were going to do this quarterly, so there's no problem with bringing the two agencies together."

"There's no re…"

"There's no reporting requirements, but what we do know is that if the two agencies come together, Central Management Services and DES, if they allow people to test at their sites, we're going to put more people to work or qualify more people for employment with the State of Illinois. And that's the whole objective of the Bill is to make it easier for people to apply for work in the State of Illinois."

"Yes, so there's no reporting here."

"Thank you."

"Representative Dwight Kay."

"Sponsor yields."

"I would… Are you saying, are the agencies that post jobs, do they post descriptions of the available jobs that they have?" 09700119.doc 50  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"I mean, it would be accurate if they put it out. I mean, it's not up to me to determine whether or not their job description is accurate or not."

"Well, if there's a job posted, then there must be a job description."

"Yes. Let me just answer your…"

"Yes."

"I think you're missing the purpose of the Bill. If you're asking me to pull a Bill when the only purpose of the legislation is to bring two agencies together, for example, you have an individual that's going to apply for unemployment at a unemployment office. At that point, the only thing that the individual, the unemployed person in Illinois, can do is ask for help from the unemployment security office. I'm saying, why not allow CMS to be there at the same time to allow the individual, while they're asking for unemployment, to apply for jobs that are available, that's posted, on CMS website."

"Well, then, I think your question is, is CMS accurate? It has nothing to do with this Bill."

Speaker Lyons: "Representative Kay, we'll give you another minute."

"Representative Ford to close."

"Thank you very much. It's my attempt to do everything that we can in Illinois to make it easier to apply for employment and to move people off the unemployment roll, and I believe that this Bill would do it. There's no opposition. I move for the passage of House Bill 3779. Thank you."

"Representative Ford moves for the passage of House Bill 3779. 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? Representative Gabel, Representative Pihos, would you like to be recorded? Robyn. Mr. Clerk, take the record. On this Bill, there are 98 Members voting 'yes', 16 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Chapa LaVia, on the Order of Second Readings, Linda, on page 16 of the Calendar, you have House Bill 5826. Read the Bill, Mr. Clerk."

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

"Representative Chapa LaVia." 09700119.doc 53  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Thank you, Speaker, Members of the House. This Bill is brought to me by ISBE in cleanup language. The proposal to… House Bill 5826 removes language requiring school districts with an average daily attendance of more than a thousand and less than 50 thousand to qualify for poverty grants of general state aid, submit a plan for the use of the funds for the poverty grants for the improvement of instruction in which priority is given to meeting the educational needs of disadvantaged children. Districts under this Section report to the State Board of Education prior to October 30 of each year. And I ask for a 'yes' vote."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 5826 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', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Dan Brady, on page 21 of the Calendar, under House Bills-Third Readings, you have House Bill 5635, Dan. Read the Bill, Mr. Clerk."

"Leader Dan Brady."

"You've heard the Gentleman's explanation. Is there any discussion? Chair recognizes the Gentleman from Cook, Leader Durkin."

"Sponsor yields."

"Leader Brady to close."

"The question is, 'Should…"

"The question is, 'Should House Bill 5635 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? Dunkin, Gabel. Mr. Clerk, take the record. On this Bill, there are 114 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jack Franks, on page 4 of the Calendar, under House Bills-Second Readings, you have House Bill 3816. What's the status on that Bill, Mr. Clerk?" 09700119.doc 56  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Representative Franks on Floor Amendment #4."

"Thank you. Floor Amendment #4 makes two substantive changes. What we're doing now is shifting notification requirements to the Secretary of State Office to the Governor's Office simply because the Governor's Office has the most up-to-date information concerning boards and commissions. It'd be in the best position to provide notice. This was a extensively negotiated Bill in committee and I think now we've finally got it right."

"Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #4 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #4 is adopted. Anything further, Mr. Clerk?"

"Third Reading. And read the Bill."

"Representative Franks."

"This Bill genesis was a report that we received from the Auditor General that showed that many boards and commissions have been inactive for years. This Bill simply would say that if these boards and commissions haven't met for a period of two years that they would be dissolved. But 09700119.doc 57  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 there are procedural safeguards for those boards and commissions that would like to appeal…"

"Hey, Jack, are you back on? I lost the board here too."

"Okay. We got it now."

"Are you all right? Okay."

"Thank you."

"Continue, Representative."

"And there are procedural safeguards for those boards and commissions that would like to appeal. And I'd 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 Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Davis, M.: "Representative, if a person or group hasn't met in two years, how will you notify them that they're dissolved?"

"Now, it's… As you know, in committee we talked about this. The Governor's Office would be required. Before we thought the Secretary of State should do it because they were the keeper of records, but apparently after meeting with the Governor's Office, after our last committee, that they thought that they would have better records." Davis, M.: "And how much would the state save by dissolving these boards and commissions?"

"It would be a minimal amount. There's not… there wasn't a fiscal note that was filed. But I think it's a way 09700119.doc 58  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 to help streamline our government and to focus on these things that are more important than working on boards and commissions that haven't met for years and haven't done anything." Davis, M.: "Well, to the Bill, Mr. Speaker. As Representative Franks knows, I spoke against the Bill in committee because I believe that the Bill states that after they have decided or whoever… who will make the decision? Who… somebody will make a decision that these particular boards…"

"You're on, Jack." Davis, M.: "…there's a reason for it."

"Now, it's working. Thank you. The Governor because these are… these are… only boards and commissions are appointed by the Governor, so the Governor would be the ultimate authority…" Davis, M.: "So, let's…"

"…as the Governor should be." Davis, M.: "Well, let me tell you the unfairness with that. Let's say the Governor doesn't want a board or a commission and he's to appoint to that board and he has failed to make appointments to the board. So, since he has failed to make appointments to the board, they have not been able to meet as a full body and can conduct business. So, then, that would be to me just what he would want. Well, I can now… this abolished because they haven't met, but the reason they haven't met is because the obligation to name the members to the board has not been fulfilled."

"There's nothing…" Davis, M.: "So… do you know I can… I can…" 09700119.doc 59  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"…there's nothing that would prohibit the…" Davis, M.: "Pardon?"

"There's nothing that would prohibit the reenactment of a board and commission because it's up to the Governor." Davis, M.: "Well, let me just say this. You know, I've been here a very long time. It is not easy getting a board or a commission in place in the Legislature. It is not an easy task. You have to do what we do to get Bills passed and then sometimes it takes years. It took eight years for me to pass the racial profiling commission. It took eight years to get that commission in place. Today we are waiting for the Governor to appoint eight members to that board. So, this isn't something to be taken lightly, Ladies and Gentlemen. We're taking the desire of two Houses and giving the authority to one person, the Governor. Now, I know we all love and respect the Governor as best…"

"Representative Davis, we'll give you another minute. Go ahead, Monique." Davis, M.: "Thank you. I know we all love and respect the Governor, especially Jack Franks does; we all do. However, I do not want to take the authority of the Illinois General Assembly or the authority from the Illinois State Senate and give it and put it in the Governor's hands. As… as wonderful and as great as he may be, if these commissions or boards have not met, if they don't meet, they're not hurting anyone. It isn't the same as if, say, you're going to take the rules from CMS. You're going to take all the different rules for hiring and go through that and then eliminate some. This is something different. Some of these 09700119.doc 60  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 boards only meet twice a year. Some of them only meet twice a year and they're not funded at all. There's no funding involved. In fact, most of these boards and commissions do not get one dime, even for expenses or travel. Some of them are community organizations. I think, a community organization came and testified against this Bill. Some of them are committees, for example, to assist the autistic. Some of them may be commissions or boards to provide the dollars to AIDS programs. So, I mean, this isn't anything, in my opinion, to take lightly. And I would not want to give up the authority of the Illinois General Assembly to the Governor. I think we should keep our authority in naming boards and commissions and voting on them. I urge a 'no' vote."

"Representative Mike Bost."

"Sponsor yields."

"I want to… Can I clarify a few things from the previous speaker?"

"There's nothing… we would not be giving up any authority. This is a onetime deal and some of the boards and commissions that the previous speaker talked about haven't met in over five years, if they've ever met at all. 09700119.doc 61  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 I think the number is about 60 of these boards and commissions and I have a list of 47 of them that have not met since 2007."

"No, but they get reimbursements."

"Right."

"Right. That type of thing."

"And whatever there might be for miscellaneous expenses."

"Absolutely. And it… this is probably the lowest hanging fruit we're going to see. We're going to see some bigger problems coming very shortly with our budget numbers and this is… these are things that are out there that are unnecessary. They're extraneous. And that they need… if we really think they're that important, there is an appeal process here for the onetime and there's nothing that would bar us from putting these back in."

"Absolutely."

"Representative Dennis Reboletti." 09700119.doc 62  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Sponsor yields."

"Well, I just asked the Governor's Office and they're not even really sure because they have to do a… an inventory yet and we have to get the information from the Secretary of State. But according to the Auditor… Auditor General's report and that's what made me think of this Bill, there's was a management audit of the state boards and commissions and they listed 47 of them that haven't met since 2007."

"Correct."

"In some cases, the Governor has not made appointments, according to the audit. There was a recent audit by the Auditor General that came out last month that was critical of the Governor for not naming many boards and commissions, but in other aspects, they don't meet because they don't have a quorum or they can't meet or they haven't been appropriated. They haven't done anything. So, as you and I, we sit on that done on the local consolidation commission and I guess what's good for the goose is good for the gander. We're looking at how to consolidate locally. Well, we need to lead by example. When we have extraneous governmental entities laying out there doing nothing, we have to eliminate them."

"And if we need… and if feel as though they need to be put back in, that's enough… that's another debate for a different day. But I think now we have an affirmative obligation to show that we can cut as well instead of just asking our locals to cut."

"Representative Rosemary Mulligan."

"Sponsor yields."

"And we've… That's a really good point. And we put in safeguards. The original Bill didn't have the safeguards and that's why we're on our fourth Amendment which would give, if you believe that we should be keep going we probably should depending on what happens with the Supreme Court decision and some other things, then we could appeal and say, hey, let's get together or to avoid the two-year deal, we could have a meeting and at onetime I thought we were useful."

"Yeah, at the appropriate time, but right now we don't have any answers for them 'cause we don't know what… we don't know what… what's going to happen. I think we have to see what happens with the budget, but I'm happy to constitute that, if you'd like, but that's a different issue than this Bill."

"It depends when the last time we met and it would give us the opportuni…"

"You're probably right. I'm not disputing that. So, we would have the ability to say, no, we would like to meet and the reason we haven't is we're waiting to see what's going to happen with the budget."

"No, I'd like to follow the rules. But, yeah, we can talk."

"Representative David Reis."

"Sponsor yields."

"I don't think so, no."

"All what groups?"

"Well, again, you have… you have a procedural safeguard in this Bill."

"I'm getting clarification from the Governor's Office as we speak and yes, it would, but you do have the procedural safeguard."

"It wasn't on the initial list that I was looking at, let's put it that way."

"That's what they're doing now. Effectively they're doing that now. With the Governor… Now, if you look at the last audit, Auditor General said that the Governor is effectively doing this. The difference is we continue to fund these things and waste money and we're wasting time."

"My point is we can have these reconstituted if necessary under a new Governor. Any Governor is going to have the ability not to put people on."

"Even though they should do it, they don't have to."

"But why would we exult form over substance. And wouldn't… if you're going to have something, shouldn't it actually do something."

"I would like to see follow-up legislation. I think we could get rid of most of the boards and commissions, but I… I picked the lowest hanging fruit. Some of these haven't met for five years and I… and I made it even tougher 09700119.doc 68  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 because in the committee, and I wish you would have been in the committee 'cause you would have seen how much debate we had and it passed 17 to 1 because we had so many changes. They had some of the same questions that you had, but the fact is, is now we've knocked it down to two years instead of these five…"

"Gentlemen, your three minutes are up. David, one more minute, please, to finish this train of thought."

"We knocked it down to the two year. I think this is an eminently reasonable approach. I think this is a good starting point. Preferably, I'd like to go much further. I'd like to get rid a lot of the boards and commissions. We have some boards and commissions where executive directors are making six figures and they have not met. That is and just an affront on the taxpayers of the State of Illinois. We need to go much farther. This is a baby step. This doesn't solve the problems, but it's a place we need to start with and I'd like to go much farther."

"Final speaker will be Representative Lang and then Representative Franks to close. Leader Lang."

"Thank you. Will the Sponsor yield?"

"Sponsor yields." 09700119.doc 69  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Representative, I'm… you may have answered this, but some of these boards and commissions may have either a) money in the bank or b) bills that they're paying. If one of these would be dissolved by action of this Bill, what would happen to either of those items?"

"I'm not sure that your hypothesis is correct."

"Well, it's certainly possible that a board or commission could have a bank account and it could be that they would not have had a meeting in two years and thus, become inactive under your Bill, and what would happen to their money? What would happen to their debts?"

"I don't think what you're asking is correct. There was no mention whatsoever from the Governor's Office of any of those potentials. But, let's assume, for the sake of argument, then I would, presumably it was a steal to the state and the state would take either those bank accounts or those debts, but again, I don't see that as a… as a probability."

"So, would you commit to at least take a look at these issues, if the Bill goes over to the Senate?"

"Absolutely."

"And that would include any money they have or any money they owe…"

"Sure."

"…or any books of account that need to be resolved in some way."

"We'll get on it today."

"Thank you, Sir."

"Representative Franks to close." 09700119.doc 70  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Thank you. I appreciate the questions on this. I… There was a lot of work on this Bill and I want to thank the committee. It was a… it was a better Bill because of it. And I want to thank the Governor's Office for working with us on this Bill and also the Auditor General for pointing out this issue. And what this Bill will do, it'll help us streamline government. This is something that's critically important at a time when we have unprecedented debt, when we have up… our state is essentially insolvent. Our state has not come up with the ideas of how it's going to pay its bills and here we have an opportunity to cut extraneous governmental expense and governmental entities that are not providing any service whatsoever. I'd encourage an 'aye' vote. I think we need to send a very strong message that we're prepared to clean up our own house especially when we're asking others to do the same. Please vote 'yes'."

"The question is, 'Should House Bill 3816 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? Biss, Evans, May, Mell. Bob Rita. Mr. Clerk, take the record. On this Bill, there's 106 Members voting 'yes', 8 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Costello, on page 21 of the Calendar, you have House Bill 5565. Out of the record. Representative Costello, you also have House Bill 5100. Both of them. Out of the record. Representative Luis Arroyo, on page 14 of the Calendar, 09700119.doc 71  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 under House Bills-Second Readings, you have House Bill 5531. What's the status on that Bill, Mr. Clerk?"

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

"Representative Arroyo."

"Excuse me, Mr. Speaker, but I wanted to keep that on Second. I put an Amendment on it. The Amendment hasn't come through yet."

"Mr. Clerk, put that Bill on the Order of Second Reading on the request by the Member. Representative Gabel, on page 18 of the Calendar, on House Bills-Third Reading, you have House Bill 1666. Out of the record. Representative Lisa Hernandez, on page 7 of the Calendar, under House Bills-Second Readings, Lisa, you have House Bill 4531. 4531. What's the status on that Bill, Mr. Clerk?"

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

"Mr. Clerk, take the Bill out of the record. Representative Mike Fortner, on page 20 of the Calendar, on House Bills-Third Readings, Michael, you have House Bill 5362. Read the Bill, Mr. Clerk."

"Representative Mike Fortner."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 5362 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 Barickman, Brady, Brauer, Will Davis, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 76 Members voting 'yes', 37 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Frank Mautino, on page 2 of the Calendar, 09700119.doc 73  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 Frank, you have House Bill 404. What's the status on that Bill, Mr. Clerk?"

"Leader Mautino on Floor Amendment #1."

"Thank you, Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 is the culmination of the groups that have some great concerns for the Department of Natural Resources coming together throughout the course of this year. We called in everyone from the fishermen to the hunters to the municipalities, people who are mining… who run mining operations, to take a look at the overall structure of our Department of Natural Resources. It had basically three goals that we're trying to achieve. One is the reduction of mandates; the other would be the… looking for sustainable funding. You saw parts of that operation yesterday when we did the park fees Bills. And the other item's, we're looking for savings and efficiencies. What you see before you is the reduction of mandates. We took the… the hundreds of mandates that are in DNR and we gave them to these 38 groups. Everyone came together and agreed on items that could be reduced to save money. Additionally, since they used to have 2600 employees, now they have 1100 employees, some are doing two, three, four jobs. This would eliminate and refocus their efforts on what they… what they should be doing. And so, I want to thank all those groups 09700119.doc 74  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 and the departments and Representatives Osmond, Representative Phelps for this piece of the Bill that has come forward. There are a number of mandates that are removed within the Bill itself. It'll save about a million dollars and be able to repurchase some… or repurpose some of the jobs and priorities within the department. Additionally, there were savings and efficiencies that were discussed and I'd like to go through a few of those which is about another 10.7 million in savings. And… and to give you an idea and I won't go through the full list of them, but to achieve those savings the department has consolidated some areas. They have reduced travel, vehicle usage, telecommunications, printing. Matter of fact, some of you might have seen the last issue of Outdoor Magazine, which will save them approximately a million dollars there; elimination of the private fish stocking program, the savings there; reduction of 150 vehicles in their fleet. These are some of the items. I can answer more in questions. We have two Amendments to put this Bill in final form. Amendment #1 reduces the main… mandates, causes savings of between 700 thousand and a million dollars and will allow DNR to go ahead and take their tremendous employees who have been doing multiple jobs and refocus them. Be happy to answer any questions."

Speaker Lyons: "You've heard Representative Mautino's explanation on Floor Amendment #1. Floor… the chamber recognizes Representative Karen May for a question?"

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

"Sponsor yields." 09700119.doc 75  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Yes. I just want to make sure that in combining Floor Amendment 1 and 2 you have deleted the questionable language about the storm water management agencies?"

"Yes. Amendment #2 actually takes that out. When we took the three mandated paragraphs out in this Amendment, it eliminated the ability of counties to do their water planning."

"Yes. And that was the concern."

"And then the purpose of the next Amendment will be to reinstate that so counties will be able to do their storm water management as the statutes allow for and that was unintentionally taken out in this Amendment. It will be replaced in Amendment #2 that we'll put on in a moment."

"That you'll put on in a minute. Okay. Thank you very much for a clarification."

"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. Leader Mautino, is it your intention to leave this Bill on Second Reading for another Amendment?"

"Yes. I believe we have… I believe the Amendment has been filed. It's on the floor here now."

"Mr. Clerk, what's the status on the Bill?"

"Representative Mautino on Floor Amendment #2." 09700119.doc 76  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Thank you. Floor Amendment 2, as Representative May correctly stated, puts in the paragraph that will allow counties to continue the fine work they're doing in the area of storm water management."

"All those in favor of the adoption of Floor Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

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

"Leader Mautino."

"Thank you. This is a… I'm proud to bring forward House Bill 404 and we have taken input and advice from between 38 and 50 groups who have a deep concern about the stewardship of our natural resources and the preservation of the Department of Natural Resources. They have seen the budget of the Department of Natural Resources go from a hundred million dollars to $49 million to $45 million this year while having more mandates placed on it and half the number of people provide… still doing all of the work for decades that they've done and they've done to the best of their ability. These groups have come together. They have eliminated items from the department's statutory requirements which we no longer fund or some which are partially funded, but this will allow the department to better use that money to provide services in areas towards 09700119.doc 77  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 their core mission. The Amendment itself has between 700 thousand and a million dollars worth of savings. The talks also produced for… towards this year's budget about $10.7 million in savings and reductions and they… and we continue those to this point. Representative Osmond has done a wonderful job participating in the meetings with these groups as has Representative Phelps and many of you have expressed concern and support. So, you've now seen two pieces of three… three Bills which are designed to protect… provide sustainable funding for the Department of Natural Resources going into the future. We'll see the… the final round of agreed fees between all the groups in a later Bill after the break and I will share that with all the Members very shortly, but this an important piece for all of us. I commend the department and those groups for looking towards the future of the Department of Natural Resources. And I would ask an 'aye' vote and encourage anyone who's interested in participating to please join with us."

"The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."

"Sponsor yields."

"Could you repeat that? I couldn't quite hear you." 09700119.doc 78  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

Speaker Lyons: "The Chair recognizes Representative John Cavaletto."

"Sponsor yields."

"No, that's not correct."

"Yes, yes, they will."

"Okay. The… let me go through the points that are repealed. There are basically 14 mandates that are taken out. I'll run through those real quickly, what the savings is. We're removing the… the State Employees Housing Act mandate that is in there, savings of $80 thousand. The State Museum Construction Act that takes care and takes out audit findings and it was built in the '60s, there's no longer need for that. There are three Sections in the Conservation Law… the Administrative Code. The first Section is the cash incentive for concessionaires at the complex at Fort Massac. That has been completed. We have a concessionaire there. There's no reason to budget that 400 thousand. So, there'll be no money to appropriate towards that and none will be needed. The next Section is a Conservation Resource Marketing by attrition of two positions. The people that previously worked on this mandate will no longer be doing that job. That's a savings of about 212 thousand a year. The final portion on the Mandate Section is the property from the Bicentennial Commission had been accomplished. That takes care of their audit findings. Geographic Information Collection Council Act, and removing that provision for that group that met twice a year saves about 80 thousand each for those two positions; that's 200 thousand there. Repealing the Parks Recreational Facility Construction Act, without the removal of this Act, DNR would have had an audit finding. That takes care of their audit finding and they would not be able to administer their program which is a $10 million grant that comes into them. Flood Insurance Department 09700119.doc 80  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 advises the county storm water management. We took out some outdated provisions there but left in the language so that the counties can… can go ahead and do their storm water management. Let's see. We're talking… in the Section you were looking at about… we repealed a Section that required a report to the Governor and the General Assembly. And there is no impact on the pheasant program, so people will still be able to go to the area where we have the controlled pheasant hunts up in Ohio, the Village of Ohio…"

"Gentlemen, your time expired. John, we'll give you another minute to finish your question."

"Yes, but as a result, they won't have the… there won't be any savings of staff money or eliminating these Sections, but this elimination… this Code here is no longer used by the departments."

"You… correct, correct. As a matter of fact, we're looking at those areas for some enhancements on their… through the use of fees that will be agreed on by the sportsman's, other areas. That's the final piece yet to come, but no, we're not eliminating any programs which generate revenue for the department because that would defeat our entire purpose." 09700119.doc 81  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Leader Mautino to close."

"I'd ask for an 'aye' vote."

"The question is, 'Should House Bill 404 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? May, Rose. Karen May, like to be recorded? Mr. Clerk, take the record. On this Bill, there's 114 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Chuck Jefferson, on page three of the Calendar, under House Bills-Second Reading, you have House Bill 2886. Out of the record. Representative Karen May, on page 11 of the Calendar, under House Bills-Second Readings, you have House Bill 4986. Read the Bill, Mr. Clerk."

"Representative May on Floor Amendment #2."

"We want to table Amendment #2, please."

"Lady moves to table Floor Amendment #2. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is tabled. Anything further, Mr. Clerk?"

"Representative May on Floor Amendment #3."

"Yes. Floor Amendment #3 is a gut and replace and it basically expands the size of the task force to include more members from the business community, recycling and waste management industry, so that we… everyone who wished to be represented at the table in this task force could be… have a seat at the table."

Speaker Lyons: "The Lady moves for the adoption of Floor Amendment #3. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #3 is adopted. Anything further, Mr. Clerk?"

"Third Reading and read the Bill."

"Representative Karen May."

"Yes. Thank you, Speaker and Ladies and Gentlemen. House Bill 4986 creates a task force for the Advancement of Materials Recycling. I think we all understand the importance of reducing materials in our landfill to reduce, recycle, reuse building material, composting and other, creates more jobs. So, this creates a task force including everyone in all facets of the industry to make recommendations to us. There is a typo in the Democratic analysis. The report should be two years not two days after… after they have met." 09700119.doc 83  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

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

"Sponsor yields."

"Yes. We did increase it to two from local government and two from local solid waste management agencies. So, SWALCO is interested; SWANCC is interested. We specifically didn't address that iss… concern."

"There…"

"There will just be reimbursement. There are no salaries."

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

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

"Sponsor yields."

"Representative, I'm looking at our analysis and it indicates there's a fiscal impact because there's an elimination of the fee exemptions. Is that in…"

"That's…" 09700119.doc 84  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"…the final draft?"

"No, no. That was gotten rid of a long time ago."

"Okay. They…"

"No fee changes. It's just simply a task force so that all people who have an interest in more recycling will be at the table."

"Is there any cost to the state for this new task force?"

"No, there are no salaries only…"

"Is there… then…"

"…they will be paid expenses."

"Just expenses. Okay. Thank you."

"Representative May to close."

"Yes. I think we all agree that we need to recycle, reuse and reduce the amount of waste going into our landfill, to create green jobs. I ask for an 'aye' vote."

"The question is, 'Should House Bill 4986 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? Costello, du Buclet, like to be recorded? Mr. Clerk, take the record. On this Bill, there are 69 Members voting 'yes', 44 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mike Fortner, on page 20 of the Calendar, Representative, you have, on Third Readings, House Bill 5201. Read the Bill, Mr. Clerk."

"Representative Mike Fortner."

"Mr. Clerk, the status on this Bill? Put this Bill back on the Order of Second Reading and see what's on the Bill on Amendments."

"Representative Fortner, correct you were, on Floor Amendment #1."

"The Gentleman moves for the adoption of Floor Amendment #1, and recognize Representative Dunkin on the Amendment."

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

"Sponsor yields."

"Representative, I'm curious as to what brought on this piece of legislation.?"

"Which Constitution are you referring to?"

"The State Constitution or the U.S. Constitution?"

"So… so, are you saying that there… is there intent in the… in the Constitution or there is a particular Article in the Illinois State Constitution that strictly prohibits a State Board of Elections employee from contributing his or her personal dollars to a campaign committee?"

"Well, you believe or it's in there?"

"Can you do that?"

"Sure. Okay, that's fine. That's fair."

"Concluded your remarks, Representative Dunkin? Thank you. Seeing no further discussion, 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, 09700119.doc 87  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading and read the Bill."

"Representative Fortner on House Bill 5201."

"You've heard the Gentleman's explanation. The Chair recognizes Representative Ken Dunkin."

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

"Sponsor yields."

"Can you cite the exact Article and Section of the Illinois Constitution, Representative Fortner?" 09700119.doc 88  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"So, Representative, why… according to my analysis the opponents for this is the AFL-CIO, AFSCME, Council of Illinois Labor Midwest Region, Illinois Federation of Teachers. Why are they opposed to this Bill?"

"Okay. So, Representative, this is in statute, correct?"

"All right." 09700119.doc 89  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"And that… what year was that?"

"Well, here's my concern. Any and every state employee, municipal employee, private employee, has the right in America to participate or not based under the First Amendment in the United States Constitution to join… give free speech, join a particular organization, be it one you like, I don't like or whatever suits their fancy. Doesn't this piece of legislation, House Bill 5201, speak to a potential violation…"

Speaker Lyons: "Representative Dunkin, your time's expired. Give you another minute."

"Representative… Mr. Speaker, I didn't realize we had a time, Short Debate."

"Well, I be… I've been using the timer all day, Ken. I know you haven't been on the floor, but we've been using the timer all day. So, I'll give you another minute."

"Oh. Rep… Thank you for that clarification, Mr. Speaker. Well, I guess, Representative Fortner, my concern is we are potentially setting up ourselves… our state for, against a United States violation of the Constitution or the federal Constitution for a federal lawsuit. And there's a reason that these unions are against it because it simply violates an individual's right to assemble, participate in 09700119.doc 90  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 any organization or contribute the way they want to with their own money. I mean, what's next. Are we going to start legislating how a private public employee should contribute their dollars that they earn that they work for? So, we're treading on pretty thin grass here by prohibiting a U.S. citizen from doing whatever he or she wants to do with their money. That's why there's major opposition toward this piece of legislation. And my other question is, why is this necessary right now, if it… if you say it's already in the statute. Representative."

"No, I'm asking you."

"Let… finish the question. You can answer that…"

"…Representative, if you care to and then we'll move on if other people wish to get into the debate."

"Well, Representative, if it exists right now in statute, why… and who brought this to you, by the way… why is this important now if it's already law…"

"Representative, you just cited that…"

Speaker Lyons: "Gentlemen, I've given you a couple extra minutes, Representative. Make your final point and then we're moving on."

"Yes. Thank you, Mr. Speaker. I guess, Representative, I see your intention. I understand where you're trying to go with this, but what I'm trying to get some clarification on, why now, if it… and especially since you've cited the state statute that we have in place now that prohibits certain employees from contributing politically even though it's of a direct violation of the U.S… of the U.S. Constitution of their First Amendment right, why do we need to have this legislation if it already exists in state statute? And… and…"

Speaker Lyons: "Representative Jack Franks. The Chair recognizes Representative Jack Franks."

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

"Sponsor yields." 09700119.doc 92  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Just want to clarify something on the underlying Bill, I'm not talking about the Amendment #1. Currently, when a person is appointed as an election judge, they have to give the employer at least 20 days written notice and the purpose can… and the person can be absent to be an election judge and the employer may not penalize the employee for that absence other than a deduction in salary, correct?"

"Okay. So, the underlying Bill says did you take out the 20 day written notice requirement?"

"Okay."

"Okay. But it doesn't require the employer to necessarily pay the employee on election day."

"Right."

"Make them burn a vacation day."

"Okay. Thank you."

"Representative Dennis Reboletti."

"Sponsor yields."

"The Chair recognizes the Lady from Grundy, Representative Pam Roth. The Lady's not seeking recognition. Representative Fortner to close."

"Representative Fortner moves for the passage of House Bill 5201. 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? Brauer, Chapa LaVia, Colvin, like to be recorded? du Buclet, du Buclet. Mr. Colvin. Mr. Clerk, take the record. On this Bill, there are 97 Members voting 'yes', 15 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Deb Mell, on page 13 of the Calendar, Deb, under House Bills- Second Readings, you have House Bill 5451. Read the Bill, Mr. Clerk."

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

"The Lady from Cook, Representative Deb Mell." 09700119.doc 96  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5451 amends the Sexually Dangerous Persons Act to provide that psychologists in addition to psychiatrists may conduct the examination of a person alleged to be sexually dangerous. It addresses the lack of available psychiatrists, a shortage in the state. I welcome any questions. Thank you."

"You've heard the Lady's explanation. Is there any discussion? The Chair recognizes the Gentleman from DuPage, Leader Jim Durkin."

"Sponsor yields."

"Well, I think, typically a psychiatrist prescribes medication, a psychologist does not, but you know, their criteria is the same. I mean, we're not changing any… any of the criteria, just who was."

"Yes."

"Yes. They're doctors as well."

"Yes."

"The ability…"

"The Attorney General and the Illinois State's Attorneys Office."

"Yes, there is."

"Yes, we are."

"Representative Mell to close."

"Oh, I urge an 'aye' vote. Thank you."

"The question is, 'Should House Bill 5451 pass?' All those in favor signify by voting 'yes'; those opposed say 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Chapa LaVia, Franks, Jones and Morrison. Thaddeus. Mr. Clerk, take the record. On this Bill, there's 113 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Gabel, for what purpose do you seek recognition?"

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

"Please proceed, Robyn."

"Today, Representative Lilly and I would like to recognize a group of young leaders who have come to visit the Capitol from the Illinois Coalition of School Health Centers and especially a group from Evanston Township High 09700119.doc 98  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 School. So they're up in the gallery. Please stand. Let's give them a warm Springfield welcome."

"Welcome to your Capitol, students. Enjoy your day. We're proud to have you down here. Representative Ken Dunkin, on page two of the Calendar, you have House Bill 830 on Second Reading. Out of the record. Representative Kosel, on page 10 of the Calendar, Leader, you have House Bill 4937 on the Order of Second Reading. What's the status on the Bill, Mr. Clerk?"

"Leader Kosel on Floor Amendment #1."

"Lady moves for the adoption of Floor Amendment #1. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Representative Kosel on Floor Amendment #2."

"Lady moves for the adoption of Floor Amendment #2. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"

"Third Reading and read the Bill."

"Leader Renée Kosel, House Bill 4937."

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

"Sponsor yields."

"Leader Kosel moves for the passage of House Bill 4937. All those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mike Fortner, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 114 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jehan Gordon, on page five of the Calendar, you have, on Second Reading, House Bill 3893. 3893. I'm sorry. Representative Golar, my mistake. Jehan, you get the next Bill. Representative Golar, you have House Bill 3893. Is the Lady on the floor? No, she's not. Representative Gordon, you have, on page 18 of the Calendar, under House Bills-Third Readings, House Bill 1384. Out of the record. Representative Elaine Nekritz, on page 14 of the Calendar, 09700119.doc 101  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 under House Bills-Second Readings, Elaine, you have House Bill 5495. What's the status on that Bill, Mr. Clerk?"

"Hold that Bill on the Order of Second Reading. Representative Art Turner, on page 20 of the Calendar, under House Bills-Third Readings, you have House Bill 5289. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Art Turner."

"Thank you, Mr. Speaker, Members of the House. House Bill 5289 does three things. It creates a new crime of sales tax evasion, alters existing penalties for offenses of failure to file a sales and use tax return and fraudulent filing of a sales and use tax return and extends the statute of limitations for sales tax related crimes from three to five years. We've had the discussion in… for Floor Amendment 2 which made the Bill apply only to retail businesses and individual sellers who would be sub… would be subject to sales tax evasion provisions and the staggered offenses. And this would all fall under the Retailer's Occupation Tax Act. I'd be happy to answer any questions."

"You've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Jim Durkin." 09700119.doc 102  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Sponsor yields."

"When the amount… where the amount due is less than 500, it will be a Class IV Felony. When the amount due is from 500 to 9,999, it's a Class III felony. From 10 thousand and 99,999 dollars, a Class II felony. Any amount over $100 thousand is a non-probational Class I felony."

"Yes, Sir."

"Yes, Sir."

"The Attorney General's Office."

"Yes, Representative."

"Yes."

"The Bill came from an investigation out of the Attorney General's Office and the Department of Revenue. They had some actual cases. There was a gas station 09700119.doc 103  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 project. In November… in 2009, they recovered 60… from permanent… November of 2009, we recovered $64 million in individual cases."

"Oh."

"I'm sorry."

"And the local state's attorneys."

"Well, we're not trying to change who…"

"…currently can enforce the…"

"I'll have to get back to you with that answer, Representative."

"Sure."

"Okay."

"Representative Turner to close."

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

"The question is, 'Should House Bill 5289 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 Jones, Representative Morthland. Thaddeus. Mr. Clerk, take the record. On this Bill, there's 114 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dennis Reboletti, on the Order of House Bills-Third Readings, on page 20 of the Calendar, you have House Bill 5266. Read the Bill, Mr. Clerk."

"Representative Dennis Reboletti."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 5266 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 114 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Skip Saviano, on page 20 of the Calendar, Representative, you have House Bill 5104 on the Order of Third Readings. Read the Bill, Mr. Clerk."

"Representative Saviano."

"You've heard the Gentleman's explanation. Is there any… are there any questions? Seeing none, all those in favor of the passage of House Bill 5104 signify by 09700119.doc 106  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 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 Cole, Representative Krezwick, would you like to be recorded? Representative Krezwick, would you like to be recorded, Chuck? Mr. Clerk, take the record. On this Bill, there's 114 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Zalewski, on page three of the Calendar, you have House Bill 1693. Out of the record. Mike, you also have, on page 12 of the Calendar, House Bill 5190, Second Reading. What's the status on the Bill, Mr. Clerk?"

"Representative Zalewski on Floor Amendment #1."

"I move for the adoption of the Amendment. It clarifies the approach to dealing with an issue of UCC improper filings. I can discuss the Bill on Third Reading, but it handles it in a more appropriate way. I move for the adoption of the Amendment."

"The Gentleman moves for the adoption of Floor Amendment #1. The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan."

"Sponsor yields." 09700119.doc 107  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"The Secretary of State."

"Representative, if you've ever dealt with a UCC Article 9 filing affidavit, they're a complicated matters on liens and whatnot. Their counsel division, it's my understanding, handles the determination of whether it's a proper filing and what they're experiencing is difficulty where individuals are filing liens or documentation just to be rabble-rousers. So, this would remedy that situation."

"Well, again, I don't think, to this point, we've heard a hue and cry where the Secretary of State has inappropriately handled liens. What they are telling us is they're getting an abundance of cases where the liens are inappropriate from these groups that don't believe in the sovereignty of the United States and this is what that addresses."

"The statute does not allow the Secretary of State to adequately remedy this situation in a way that eliminates 09700119.doc 108  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 false filings and they need to be able to get these filings off the books quickly, if they're wrong, so that peoples credit histories aren't hurt or their livelihood isn't damaged in any way."

"Your analysis might be better than mine, Representative. This came from the Secretary of State's Office. It would make sense that those organizations are for it because of their expertise in secured transactions."

"I don't think that's what this Amendment and Bill would do."

"Representative Jack Franks."

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

"Sponsor yields."

"Representative, I'm looking at the… our analysis when it comes to the penalty provisions and I see a hybrid of penalties and I'm not sure where we've seen those in other situations because this would not only be a criminal 09700119.doc 109  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 sanction, a Class A misdemeanor for a first offense and then a Class IV felony for a second or subsequent offense, but there'd also be civil penalties."

"You are correct."

"Have we done that before and…"

"I don't want to give you inaccurate information, Representative. This is a… this is a unique circumstance because these UCC filings, again, they affect someone's credit history, livelihood, ability to get a loan and we have these individuals that are like renegades and they don't believe in the sovereignty of the United States and they think that they… the way they exact their revenge is they file these false liens. So, I think what the Uniform Law Commission, which is a sort of a quasi-bar association that studies Article 9 that the UCC came up with, was an Amendment that was before… that's before you today. I don't know if we do this in other instances."

"I'm just concerned. I understand it is a problem and I've seen it happen, but I think we're sending a mixed message. Is this a criminal or is it a civil issue because let's assume you wanted to take this to the state's attorney…"

"Right."

"…to have them prosecute. They're going to say, well, this is a civil issue."

"Well, I think the flip-side of that coin is, there are… been maybe instances where a state's attorney going to say, I'm dealing with drug dealers and gangbangers and other instances where I don't have time to go after some 09700119.doc 110  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 recluse in the woods of Illinois, so your better bet is a civil remedy. So, I think it's more of a belt and suspenders approach than mixing and matching."

"Well, here's my… here's my concern. I think that the civil penalties make sense because the UCC is part of the Civil Code, Article 9. The question is, if someone gives a fraudulent statement. Well, then I think you could charge them under different issues for fraud. But to give a specific penalty for both criminal and civil, I think it's unprecedented and I also think it's confusing."

"Yeah."

"I think we'd be better off having a higher civil penalty and allow the state's attorney or the Secretary of State to make a separate finding of fraud and have that go forward, but I think the way this is done here I'm just worried that it's going to be very difficult, a) to enforce and b) very confusing."

"I understand your concern. Again, I would only say that there may be a belief that it'll be difficult or… to convinced state's attorneys to indict someone if they're considered to be… I don't want to use disparaging words… but they're someone who just isn't all there."

"Right."

"Whereas, this will give it…"

"Representative Zalewski… and we have run out of time, Representative Franks, but we'll let you… give you one more minute to conclude this conversation."

"Thank you." 09700119.doc 111  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"I don't… I think that there's instances where the state's attorney will refer to, in many other instances, say, your remedy here is civil not criminal."

"Would you consider, and maybe you have… I'll wait 'til you're ready."

"I just… staff just told me… wait, one moment, Representative."

"Sure."

"So, what was just explained to me by staff is the criminal element that we just described only comes in if it's the second offense of this Act. So, the civil is the primary instance of remedy."

"But that's… but that's not how it's written. Because they say a first offense is a Class A misdemeanor and a second offense is a Class IV felony. So, I was wondering if you may consider taking out the criminal aspect of this, leaving the civil one because I think we have a remedy under the fraud… under fraud for criminal sanctions."

"Representative, I appreciate your concern. Believe me, I know what you're saying, but given that this was an Amendment that came back after we agreed to hold it on Second and the Uniform Law Commission worked with the Secretary of State, who's primarily in charge of these. I'm not inclined to take the Bill out of the record right now."

"Okay. Thank… Well, maybe we can fix it in the Senate."

"I… I think we can."

"Okay. Thank you."

"Representative Reboletti on the Amendment."

"Sponsor yields."

"The Illinois Secretary of State, Representative."

"Well, most likely."

"They can… my language in front of me says that they can do what's called an administrative action."

"Well, it's… the language doesn't require that affidavit."

"Well, not… nothing in my Bill, in the Amendment, removes that Secretary of State's ability, and we just had this dialogue with the previous speaker. I just… my feeling 09700119.doc 113  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 is that the Uniform Law Commission felt that they were going to have a difficult time convincing state's attorneys to prosecute these. So, that's why we need this backup approach."

"Representative Zalewski moves for the adoption of Floor Amendment #1. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Anything further, Mr. Clerk?"

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

"Representative Mike Zalewski."

"Please vote 'aye'."

"Is there any discussion? Seeing none, all those in favor of House Bill 5190 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 114 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Gordon, on page 15 of the Calendar, Representative Gordon, you also had on Second Reading, 09700119.doc 114  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 House Bill 5659, Jehan. You had a second Bill on the list, a Second Reading Bill on page 15 of the Calendar, House Bill 5659. Out of the record. Representative Esther Golar, on page five of the Calendar, under House Bills-Second Readings, you have House Bill 3893 on Second Reading, Esther. What's the status on that Bill, Mr. Clerk?"

"Representative Golar on Floor Amendment #2."

"Thank you, Mr. Speaker. Floor Amendment #2 actually is an agreed Bill by… We have some opponents. It is agreed. It actually allows uniform screening. There was some opposition in regards to the language. And what this Bill will do will actually eliminate the recidivism that we currently have in substance abuse programs, mental health and et cetera. I'd be happy to take any questions."

"You've heard the Lady's explanation and moves for the adoption of Floor Amendment #2. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"

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

"Representative Golar." 09700119.doc 115  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Thank you, Mr. Speaker. Ladies and Gentlemen, for a very long time in the State of Illinois in regards to the issues that are facing individuals that have substance abuse problems, mental health and so forth, it has been a revolving door. This Bill is an agreed Bill with HFS, who has really worked with the individuals that actually put this Bill together which is CEBA. And they've been working very, very hard for the past, I would say, 8 or 10 weeks. The Bill was actually was 50… the original Bill was 5326. It came out in 2010, but it actually passed out of committee and was on the floor. It was never called because of the saga that we had with nursing homes. There was a task force put in place, but basically, out of that task force, we still had a system that was broken. And so, this Bill has actually addressed some of the things that is of concern to HFS in regards to individuals with mental illness and alcohol and drug dependency. To determine the extent of disability and the level of functioning to ensure that the individual needs for treatment of mental disorders a substance abuse disorder is determined by using a uniform screening assessment and evaluation process. I encourage for your consideration an 'aye' vote. And I'll be happy to take any questions."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 3893 signify by saying… 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? Durkin. Mr. Clerk, take the record. On this Bill, there's 09700119.doc 116  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 114 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Lou Lang in the Chair."

"House Bill 4514, Representative Yarbrough. Out of the record. House Bill 5922, Representative Cunningham. Please read the Bill."

"Mr. Cunningham."

"Mr. Speaker, Members of the House, the Amendment was added to address concerns by the Attorney General's Office and it will basically allow for police departments from throughout the state to use one form for three different kinds of short form notification. I ask that it be adopted."

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

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

"Mr. Cunningham."

"House Bill 5922 is an initiative of the Cook County Sheriff's Office working in cooperation with the 09700119.doc 117  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 Attorney General. Basically, what it does is it allows law enforcement to use the short form notification process to serve orders of protection that come out of civil court that… that could arise from a stalking situation. Any time one of these orders are issued in the criminal courts, right now, a deputy will try to serve that order of protection. If he can't, there's sort of a backstop in place and that's the short form. If a police over… pulls over that individual for speeding, let's say, who is not initially served by the deputy, the police officer can check his in-car computer, run a LEADS entry and see that this person has not been served yet and he can issue that notice of that order of protection with what is called the short form. This Bill will expand it to similar orders that come out of civil court in stalking situations. I'd appreciate an 'aye' support with… an 'aye' vote and would be happy to answer any questions."

"The Gentleman moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Leitch. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3895, Mr. Farnham. Please read the Bill."

"Mr. Farnham." 09700119.doc 118  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Thank you, Mr. Speaker, Members of the House. House Bill 3895 amends the Sanitary District Act of 1917 by requiring that the five-member board of trustees of the Fox River Water Reclamation District be elected rather than appointed as of the 2015 Municipal Election. It also puts in place the process by timeline by which they'll be elected allowing that all people that are on the board now or up until 2015 will finish out their terms. It'll be a four-year term."

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

"Sponsor yields."

"I'm sorry, what was that, Rep…"

"My belief is always to lean towards elections as op… as opposed to appointments and…"

"There's been some conversations about it."

"I'm bringing the Bill."

"Right now, it's appointed by Legislators who have a piece of the Fox River Water Reclamation District in their area."

"Yes. The majority of it is in my district."

"Yes."

"Correct."

"Yes."

"And the corresponding Senators, yes."

"I… I think that's strictly up to interpretation."

"I'm not putting a finger on anybody as a bad choice."

"I think that it is always better to have it open to the public…"

"…so that the public knows." 09700119.doc 120  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"I think there are issues."

"I don't think in general it's running badly. I think that there are issues."

"I… That board meets once, twice a month. It's covered by pension; it's covered by complete health and welfare; it's salaried and I think the public needs to know that this is going on and why and it needs to be justified and I think the best process to do that is during an election."

"I can't say. I don't know."

"That is correct. There are others that are elected."

"Because I think it's a choice that they need to make themselves in their district."

"I am."

"I think that's just diversionary. This is in my district."

"I… The largest portion of it is in my district and I will always lean toward letting the public make the decisions just like they do on the Elgin Community College Board, on the Library Board, on the Township Board. Those are all elected and what's… what's wrong with that process? What have we got to hide from the public for?"

"I'm not arguing about the way it is right now. I'm suggesting that it would be better served to be elected."

"Representative Mulligan."

"Gentleman yields."

"No, absolutely not. The… the whole idea of this is to make it a nonpartisan board, anybody running would be running as not a Democrat or a Republican but nonpartisan in the municipal election."

"Because it, right now, is more political than it would be if we were to do it as a nonpartisan election. And I believe that there's one person on that board that actually has some type of engineering or water background. Others are just citizens as barbers and I'm not opposed to that. I just believe run on your merits, let the public decide, open this up so that the public knows who this board is because right now I can tell you, people don't even know it exists."

"Yes."

"Mr. Fortner."

"Yes, he will."

"No, because this comes under the Sanitary District Act of 1917 and it would have to be changed here."

"Mr. Schmitz."

"Gentleman yields."

"No."

"I… I understand your point and it is a… I think that's a valid point. I don't know that in the appointment process that it has always worked out that all these areas are represented by an individual on the board from those areas, not always."

"Well, I… I think it's always been impor… I mean, it's always important to me that the person live in the district, but I'm more interested in the person's qualifications, if they live in the district, what are… what's your qualification to be sitting on a board that is basically engineering and water treatment and recently somebody was appointed to the board, I don't believe he's actually taken the seat yet but he will shortly, who is a water engineer. And I would like to see people running on their qualifications to be on this type of board more than just, well, I live here; I would like to be on the board. You know, the whole pension and health and welfare thing and the payment and the… and doing educational seminars in other parts of the country, it just…" 09700119.doc 127  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Sure."

"No, I don't believe so."

"Four-year term."

"When his term came up."

"Right."

"Yeah. But in the instance that you're talking about, that was through the appointment process; he's been replaced at the end of his term. So, he did finish out his whole term."

"The petition could, yes."

"Mr. Schmitz, can I ask you to bring your remarks to a close, Sir?"

"I'll give you one more minute, Sir."

"Mr. Reboletti."

"That request will be acknowledged. Mr. Farnham to close."

"Thank you, Mr. Speaker. This… this Bill merely… this is a taxing body. It's a body where everybody in the district pays for these services through their taxes through their bill. And I just believe that they have the right to a voice, to representation, to let these people go before the voters and make their case that they are the best qualified to do this. In all due respect, Legislators should not be mixing our hands into these local water districts and just like the… if it's good enough for the community colleges, for the township boards, for the library district, for the school boards; it's good enough for all of them, why is it not good enough for a water reclamation district which has upwards of $40 million in reserves while they're still collecting money from the public? And there's no real oversight. Now, you would say, yes, we have that oversight and that's our responsibility, true to a point, but I believe that it's really important that these people make their case to the public and that the public have an opportunity to ask them directly about specific issues to do with the finances of that water reclamation district. And that's why I'm calling for this to be passed and to have it be an elected process, 09700119.doc 130  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 nonpartisan. This is not about Republican or Democrat. Everybody knows I work in a very, very nonpartisan way. I would like to see this Bill passed."

"The Gentleman moves for the passage of the Bill. There is a request by Mr. Reboletti for a verification. Members will be in their chairs and vote their own switches. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Acevedo, Costello, DeLuca, Lilly, May. Representative May. Please take the record, Mr. Clerk. On this question, there are 60 voting 'yes' and 53 voting 'no'. And Mr. Reboletti has requested a verification. The Clerk will call the names of the affirmative vote."

"Mr. Reboletti."

"Representative Gordon. Representative Gordon is up near the podium."

"Mr. Arroyo is standing over here."

"Representative Feigenholtz."

"Representative Feigenholtz is down here."

"Oh, we'll let you check back there, if you wish." 09700119.doc 132  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

Speaker Lang: "60 having voted 'yes', 53 'no', this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4514, Representative Yarbrough. Please… please read the Bill."

"Representative Yarbrough."

"Thank you, Mr. Speaker. House Bill 4514, as amended, allows county recorders in counties of less than 500 thousand to microphotograph or reproduce on film or electronically store any written instrument he or she receives without seeking authorization from the county board. Currently, recorders in such counties may only reproduce written instruments on film and that film is becoming increasingly expensive. There's nothing in the current law allowing for electronic storage. I'm happy to answer any questions. There's no opposition to this legislation."

"Lady moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Rose. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5189, Representative Coladipietro. Please read the Bill." 09700119.doc 133  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Mr. Coladipietro."

"Amendment #2 is withdrawn. Mr. Clerk."

"Representative Coladipietro."

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

"Third Reading. Please read the Bill."

"Representative Coladipietro." 09700119.doc 134  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"The Chair recognizes Mr. Reboletti."

"Gentleman yields."

Speaker Lang: "Let us know when the love fest is over, Gentlemen. Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? 09700119.doc 135  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 Have all voted who wish? Have all voted who wish? Franks, Howard, McGuire. Mr. McGuire. Please take the record. On this question, there are 102 voting 'yes', 12 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5025, Mr. Lyons. Please read the Bill."

"Mr. Lyons."

"Thank you, Mr. Speaker. Amendment #2 allows for a technical change on the time commitment here. It originally said 48 hours; they backed it up to five days. I'll explain the Bill on Third Reading."

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

"Third Reading. Please read the Bill."

"Mr. Lyons."

"And also for a point of clarification. On the Amendment, I did mention in committee that we'd probably be bringing this back to committee, but with the small change that was here, Rules decided to bring this to the floor. I did talk to the Minority Spokesperson, and to the Chairman 09700119.doc 136  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 and they both understood the process. Basically, what this Bill does, Ladies and Gentlemen, it gives the consumer some protection from utilities that, rightly so, put bricks on somebody's credit score if they determine that somebody's ignored notices and become delinquent and had the, you know, had become a problem on the collection end of the utility. I have no problem with that. They have every right in the world to go after deadbeats and do whatever legal recourse they have. My Bill tries to address the other end of this issue. When a person makes themselves whole or comes to an agreement with the utility, the utility has to be… is equally responsible to make sure that the credit reporting agencies, in a timely manner, are notified to put somebody back in good graces. So, my original Bill asked for a 48-hour notice to get somebody back on… off a credit reporting notice. This Bill, I did back it off. The only… the only Amendment the industry brought me was to make it a 30-day window for them to get the information back to the credit rating agency. That's just not acceptable. I gave… I moved… the technical Amendment moved back the issue to 5 days. I think that's a reasonable amount of time in the computer age in which we live. I've had two people in my district that had problems with utilities. If they can offer something to improve this in the Senate, I'll make sure Senator Mulroe, who will have this Bill in the Senate, will listen to it. But I think in order to cons… to protect a couple of consumers, especially people that we have probably in all our districts, I've asked you for an 'aye' vote." 09700119.doc 137  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Gentleman moves for the passage of the Bill. There being no debate, those in favor of the Bill vote… Before we proceed, saved by the bell, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Sponsor yield?"

"Gentleman yields." Davis, W.: "I just have one question, Representative. How does the utility company know that that payment has been made?"

"They're the ones who are… it's their customers, Will." Davis, W.: "So, you're… so, you're saying a payment has been made 'cause sometimes, if you make the payment at one of their… I'm not sure what the technical term is… but at a payment center that's an authorized agent, then it takes a little while for that payment to show up in the system of the utility company. So, how is it… so, again, and some… what some people don't know is that sometimes it takes time for that to travel to the utility company. So, they go through an authorized agent or they go to a bill payment center, they make the payment; it still takes time for that information to show up on the system of the utility company, so…"

"And I understand your question, Will. I'll ask you the question. Don't you think five working days is a reasonable window to do that in the computer age in which we live in?" Davis, W.: "I'm… I'm not disagreeing with you, but…"

"No, I'm just asking the question. The Amendment allowed for 5 days, 5 working days." Davis, W.: "Well, that's five days for the utility company to take the brick off the customer, but I'm saying, an 09700119.doc 138  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 authorized agent, that takes time for that information to travel from the authorized agent to the utility company. That's… that's my concern. If you think that what you're doing is fine and there are no challenges, okay, I'm with you. Don't get me wrong; I'm with you. I'm just curious."

"Will, if they want to… if the utilities want to talk to me further on this thing in the Senate, I'll make the promise of course, you know, not that…. you know, we issue, we've discussed that issue about, if you lose control of a Bill when it goes to the Senate earlier today on a different Bill, my Senator will gladly keep his door open if something is needed to offer more time or to solve the issue that you're talking between communications between an agent and the utility itself." Davis, W.: "Okay."

"But I think their counter proposal of 30 days is ridiculous." Davis, W.: "Okay. Thank you very much."

"Thank you, Will."

"Those in favor of the Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 98 voting 'yes', 15 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4444, Mr. Mautino. Please read the Bill."

Speaker Lang: "Out of the record. House Bill 4453, Representative Will Davis. Please read the Bill."

"Representative Davis." Davis, W.: "Thank you very much, Mr. Speaker. Very briefly, House Bill 4453 is an initiative involving the AIDS Foundation of Chicago. And it's an effort to reduce HIV and sexually transmitted infections by improving the community and prison partner notification. A couple points to know about this Bill is that it will improve community and correctional HIV and sexually transmitted infection partner notification, will increase early access to HIV and sexually transmitted infection and testing and treatment and will reduce HIV and STIs in the community. I will do my very best to answer any questions that Members may have."

"The Gentleman's moved for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 82 voting 'yes', 32 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Rules Committee Report."

"House Bill 4444, Mr. Mautino. Sponsor requests the Bill be moved to the Order of Second Reading. Please read the Bill, Mr. Clerk."

"Leader Mautino."

"Thank you. House Bill 4444 is an initiative of the Department of Transportation. Floor Amendment #1 reduced… or removes the fees that would have been increased for pilots and airplanes. Be happy to answer any questions."

"Those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Mr. Mautino."

"Thank you. What is left in the Bill now is an initiative of the Department of Transportation which will combine three funds at the Department of Transportation, the state, local and federal fund. These moneys, it's currently from the fees generated from pilots, is about 145 thousand that… dollars… that'll be deposited into one fund. That money will be used towards the federal match. The Department of Transportation has put $6.2 million into this 09700119.doc 141  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 fund and that provides about three years of our federal match, and for that, this money will go specifically to building runways and improving runways. It gives us about access to a $100 million in federal funding by virtue of us coming up with our state match. So, that's what this does. It combines three funds into one and allows that money to be used in order to fix runways."

"Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Sullivan."

"Gentleman yields."

"That is correct. For the past 40 years, pilots have paid $5 for a license to fly. That fee increase would have made it $10 per year instead of $5. They objected and so, the fee has been removed."

"Yes it has."

"That's my understanding from the Department of Transportation." 09700119.doc 142  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"I would have to… and what I can also do is I can take the Bill out of the record to find that out. My understanding… and just so you know… that the funding for aeronautics comes from Series B transportation bonds that are sold currently; it will now, it will in the future. The reason that the Department of Transportation wanted to do this is that if we do not sell bonds in this next round under the Series B, then they will not be able to provide the federal match. So, it was their idea to make the switch. So, it will still be paid from the same funds with or without this Bill."

"Look, why don't we take it out of the record…"

"…and I'll confirm that for you."

"The Bill will be taken from the record. Next item would be House Bill 3892, Representative Osmond. Please read the Bill."

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

"Representative Osmond."

"Lady moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Zalewski."

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

"Please state your point, Sir."

"If the chamber could give a warm welcome to the good village trustees of the Village of Brookfield, home of the great zoo: Mike Towner, C.P. Hall, Brian Oberhauser and Cathy Colgrass. They're up in the gallery, right there. If 09700119.doc 144  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 we could just give them a round of applause, a welcome to Springfield."

"Thank you. Welcome to Springfield. The next Bill is House Bill 5823, Representative Thapedi. Out of the record. House Bill 4031, Representative Yarbrough. Representative Yarbrough. Please read the Bill."

"Representative Yarbrough."

"Thank you, Mr. Speaker. House Bill 4031 extends the sunset of the Illinois Sentencing Policy Advisory Council from December 31, 2012 to December 31, 2015. The purposes of the Advisory Council is to review sentencing policies and practices and examine how these policies and practices impact the criminal justice system as a whole. There's no opposition to this Bill and I'd be happy to answer any questions."

"Lady moves for the passage of the Bill. There being no debate, those in favor of the Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Dugan. Representative Dugan. Please take the record. On this question, 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Returning to House Bill 4444, Mr. Mautino. Please read the Bill."

"Mr. Mautino." 09700119.doc 145  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Thank you. This is the initiative of the Department of Transportation. I would ask if we could go to Representative Sullivan. The answer to his question of whether the opposition has been removed is, yes. He has confirmed that and if I can have him go to the record."

"Mr. Sullivan."

"Mr. Reboletti."

"Gentleman yields."

"Yes."

"No, that's correct."

"As part of the… as part of the Transportation Bill and the structure of our Series B bonds, we're required to come up with a match and in order to do that, so… the local, downstate and suburban airport authorities, since we didn't have the money to come up with our match, in the past few years has been fronting that money for us in hopes that we would sell bonds. Now, we have, just in time, for the past two years and that allowed us to get the federal money to do the work at those runways both downstate and the suburbs. By agreement with the road builders and the construction industries, we put this Bill together to 09700119.doc 146  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 collapse the state and local and federal funds into one fund and the seed money from the Department of Transportation of $6.3 million will actually cover the next three years of construction drawing in a hundred million dollars for that $2 million each year."

"If, when we do the bonds, the bonds is… the Series B bonds, those payments are actually made from the Road Fund. With or without this Bill, it would be the same dollars that do this. This is a much cleaner way and a way to be certain that we have three years worth of match so we can go ahead and start those construction projects this year."

"Those in favor of the Gentleman's Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5482, Mr. Morthland. Please read the Bill."

"Mr. Morthland on Amendment 1." 09700119.doc 147  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"The Gentleman withdraws Amendment 1. Mr. Clerk."

"Mr. Morthland."

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

"Third Reading. Please read the Bill."

"Mr. Morthland."

"Gentleman moves for the passage of the Bill. Mr. Reboletti is recognized."

"Gentleman yields." 09700119.doc 148  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Representative Yarbrough."

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

"Gentleman yields."

"So, Representative, I just want to follow up on the last speaker's comments. Were you saying that the Coalition… Chicago Coalition for the Homeless they are neutral on your Bill?"

"What about the state's attorney, Appellate Prosecutor? Are they still in opposition?"

"Great. Well, unless my analysis is incorrect, I still see them as in opposition. So, I'll be voting 'no' on this Bill."

"Representative Kay."

"Sponsor yields."

"Mr. Thapedi."

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

"Sponsor yields."

"Representative, I recall this Bill when it was in committee yesterday, I believe, and there were a couple of dissenting votes. It was myself and Representative Turner and that was prompted primarily by some objection from the Illinois State Bar Association. Has that been resolved?" 09700119.doc 151  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Okay."

"Okay. So… so, that judicial discretion is still there. Is that what you're saying?"

"Excellent. And with respect to the treble damages and the civil damages provision, is that still a viable portion of the Bill or is that now gone?"

"Hey, Art. Is that it? Okay. Thank you."

"Representative Williams."

"Thank you, Mr. Speaker. I apologize if I missed this. So, what is the status of the Amendment, Representative?"

"What… what is the status of the Amendment we discussed earlier?"

"Okay. Well, to the Bill. I did talk to the Representative about this Bill and I've heard subsequently from a couple of groups including the Coalition Against Sexual Exploitation and the Coalition for the Homeless who are concerned about how this might impact the ability to process and prosecute other parties within a trafficking scheme. While I certainly support your efforts to crack down on the human trafficking, obviously, it's a terrible, terrible crime and impacts and devastates many, many lives. I'm concerned when I hear from the groups that have such expertise in this area that this may not be the most effective way to go about it. So, I would urge those of you to look beyond the caption and think about the people who have weighed in opposed to this Bill who, again, are the Coalition Against Sexual Exploitation, the Illinois Coalition for the Homeless that work with a lot of victims of trafficking and think if there's maybe a better approach 09700119.doc 153  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 to addressing this issue that would be supported by the experts in the area. Thank you."

"Mr. Morthland to close."

"Those in favor of the Gentleman's Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Have all voted who wish? Mr. Biss, Ms… Representative Jakobsson, Mr. Rita. Please take the record. On this question, there are 82 voting 'yes', 32 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5850… Sorry, Mr. Clerk. House Bill 5866, Mr. Zalewski. Please read the Bill." 09700119.doc 154  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Representative Zalewski."

"House… Floor Amendment #1 simply removes the requirement of withholdings from casino way… racetrack winnings. I'd ask for its adoption."

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

"Third Reading. Please read the Bill."

"Mr. Zalewski."

"House Bill 5866 is a number of components that are initiatives of the Department of Revenue that deal with revoking certificates of registration if one of the owners or partners is in arrears to the Department of Revenue. It allows some clarification on the ability to keep petty cash. And it adds a six-year statute of limitations for a Notice of Deficiency. I'd ask for an 'aye' vote."

Speaker Lang: "There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dugan. Please take the record. On this 09700119.doc 155  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5146, Mr. Sacia. Please read the Bill."

"Mr. Sacia."

"Those in favor of the adoption of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. And the Gentleman wishes to hold the Bill on the Order of Second Reading, Mr. Clerk. House Resolution 788, Mr. Costello. Please proceed, Sir."

"Thank you, Mr. Speaker and Members of the General Assembly. House Resolution 788 directs the Auditor General to do an audit of CMS and the state's Space Utilization Program. It also directs them to determine if procedures are in place to adequately identify excessive and surplus properties and whether the process of disposing surplus properties is adequate and timely. I thank you. And I ask for an 'aye' vote."

"There being no debate, those in favor of the Gentleman's Resolution will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And the Resolution is adopted. House Bill 4496, Representative Sente. Please read the Bill."

"Representative Sente." 09700119.doc 157  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Thank you, Mr. Chairman… Speaker. I would like to adopt House Floor Amendment 2. This… Excuse me. Yes. House Floor Amendment 2… it is identical to House Committee Amendment #1 which is a gut and replace. What we're talking about here is updating the Illinois Plumbing Code to include some more important water… what do I want to say… utilizing natural resources for plumbing purposes. The code is supposed to be updated by January 1 and it will go to JCAR by May 31. We've been working very proactively with all the Members and there are no opponents."

"Lady moves for the adoption of the Amendment. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."

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

"Representative Sente."

"Thank you, Mr. Speaker. As I mentioned before, the Floor Amendment is a gut and replace. There are no opponents. We've been working hard on this. The Plumbing Code in Illinois has not been updated for many decades, and we're looking now to just work with the Plumbing Advisory Commission as well as the IDPH to move and improve what we're doing today to allow some uses like gray water, rain water, et cetera, and those are topics that will all be discussed. The various union groups, plumbers, pipefitters will all be part of this process and they are all either 09700119.doc 158  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 neutral or proponents of this Bill. I'm happy to take questions."

"Lady moves for the passage of the Bill. The Chair recognizes Mr. Reboletti."

"Lady yields."

"What this is going to do is, right now, new types of environmentally friendly standards are taking place. What happens is they have to not only get a permit from IDPH, but they have to get a variance that actually taxes the department and maybe that causes more… more fees or time. What we're doing here is the owner, if they choose to utilize this measure in their building, private or public, they would need the funds to support that. It could cost more; it could not, it depends on what they're deciding to do with the building. There would be not a cost to the state."

"Absolutely not. They can choose to. It is the owner of the building or… the owner of the building that would make that decision. They don't have to use that. Right now the code is silent on that issue, and so, we just want to address it if someone chooses to adopt that type of measure."

"Correct. It is not."

"Mr. Verschoore."

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

"Lady yields."

"Representative, you said that the… all the plumbers and pipefitters unions and the contractors association are okay with this. There's no…"

"Yes, they all are. And I'll tell you this Bill is four years in the making. And so, we're really excited that we're all here. Not only are they in agreement, but they will all have the opportunity to meet. There'll be ongoing meetings to identify some of their issues and incorporate that as the code gets revised."

"Well, there needs to be some revisions to it. I just wanted to make sure that they were on board with it. Thank you."

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Record yourselves, Members. Brady, Hays, Mulligan. Representative Mulligan. Please take the record. On this question, there 09700119.doc 160  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 are 100 voting 'yes', 14 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4863, Representative Hammond. Please read the Bill."

"Representative Hammond."

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

"Third Reading. Please read the Bill."

"Representative Hammond." 09700119.doc 161  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mulligan. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Morthland."

"The record will reflect your intentions, Sir. Representative Yarbrough."

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

"Please state your point."

"I have above me, I think, my Mayor from the Village of Westchester, Mayor Sam Pulia. There you are. Hi. Say hello to him. He's the best."

Speaker Lang: "Welcome to Springfield. House Bill 3859, Representative Sente. Please read the Bill. 3859, Mr. Clerk."

"Please hold that Bill on the Order of Second Reading. Mr. Clerk, House Bill 4110, Representative Verschoore."

"Please hold that Bill on the Order of Second Reading. House Bill 5336, Representative Dugan."

"Third Reading. House Bill 5444, Mr. Biss."

"Third Reading. House Bill 5655, Representative Golar."

"Third Reading. House Bill 411. Please read the Bill. Mr. Bradley to handle."

"Mr. Bradley on Amendment 2."

"This is a technical change to address a drafting error that came up in committee as a result of questions from Representative Sullivan. I'd ask for it be adopted and then debate it on Third."

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

"Mr. Bradley."

"This is the actual cleanup. Technical Amendment 2 was the substance of the Bill, 3 is the cleanup Amendment."

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

"Third Reading. Please read the Bill."

"Mr. Bradley."

"Thank you. This is an initiative of the Department of Labor. It will allow them to access some additional funds to help provide services. I'd ask for an 'aye' vote."

"Gentleman moves for the passage of the Bill. There being no debate, those in favor of the Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who 09700119.doc 164  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 wish? Have all voted who wish? Representative Chapa LaVia. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Moffitt."

"Please state your point, Sir."

"Welcome to Springfield. House Bill 4177, Lea… Speaker Madigan's Bill to be handled by Mr. Bradley. Please read the Bill."

"Third Reading. Please read the Bill."

"Mr. Bradley."

"Thank you. This is another initiative of the Department of Labor. This would clean up a loophole that was created as a result of the Medicaid reforms. I know of no opposition to this Bill. It passed out of committee unanimously. I believe I've asked for an 'aye' vote." 09700119.doc 165  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"The Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Durkin."

"Gentleman yields."

"Not really."

"Yeah."

"I'm teasing, Jim."

"Yeah. That's essentially it. When there was a change… my understanding is it's complicated… but when there was a change in the Medicaid reforms that there was a group of people that were intended to be included and were not included and so this is a definitional change that would allow those home health care workers to continue to be included."

"I'm not aware of that. I don't have that institutional background."

"But I'm not… I don't believe that's the case."

"Representative McAsey."

"Thank you, Mr. Speaker. I have a question for purposes of legislative attent… intent, if the…"

"Please proceed." 09700119.doc 167  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"…Sponsor will yield? Representative Bradley, does this legislation in any way alter the unique employment arrangement of maintenance home health workers or recipients or will it in any way diminish the recipient's control over the hiring in home supervision and termination of personal assistants within the limits established by the Home Services Program?"

"No."

"Thank you."

Speaker Lang: "That was really well done. I like that. Representative Watson."

"Gentleman yields."

"My understanding was this is to make sure that is clarifies that these folks that are covered under this… the home healthcare workers would be covered under the collective bargaining agreement. There may have been a change in that inadvertently as a result of the Medicaid reforms and this would clarify that."

"I… I don't…"

"I don't believe so and the issues that just came up today are the first time I've heard that and we had it in 09700119.doc 168  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 committee and it came out of committee unanimously on a bipartisan Roll Call. So, it's news to me."

"Jim, that's a question which is outside of this Bill. It's my intent to carry this Bill for the Speaker which I was not aware of any objection to it or any kind of opposition to it, as was reflected by what happened in committee that day. Beyond that, I'm not prepared to make comments about other issues which may or may not be out there."

"Mr. Reboletti."

"Gentleman yields."

"I think it was the result of an interpretation of a law that we passed in a labor re… labor relations board decision. And so, there was a group that was basically ruled could not collectively bargain and this would make sure and say that they could."

"Correct."

"Correct. That's my understanding. Now, if I'm mistaken in that, I apologize, but that was my understanding of this Bill. It's complicated, and again, these are issues that I've heard for the first time on the floor and so, if there were problems with this, given my presentation of it in committee, I would have appreciated people coming and bringing those to me before the floor action."

"Mr. Kay."

"I'm certain he will, Sir."

"I don't believe that's what's covered in this Bill, but I'm not an expert on collective bargaining. Obviously, this Bill deals with collective bargaining, so…" 09700119.doc 170  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"I think that that's an unfair characterization. I… we… I think we all have a cursory understanding of what collective bargaining is, what collective bargaining means. My understanding is this is not a drastic department from previous law. That there was a change in the law, I believe it may have been inadvertent, and this would clarify that, so…"

"I mean, you… you're a human resource manager. You know what collective bargaining rights are."

"What's that?"

"I… I don't know."

"We're unionizing this group of home health care workers, potentially."

"And we're giving them the ability to do that, if they so choose, which I understand was something they had before and was taken away."

"I don't believe it says anything in this Bill about mothers or fathers."

"I don't believe that it says anything in this Bill about mothers and fathers, Representative."

"I believe that it says… I believe it says personal care attendants, personal assistants."

"So, you're certainly… you certainly wouldn't want to limit the ability of a mother or father to take care of their kids, right?"

"Okay."

"So, we agree."

"It has…"

"…it has nothing to do with this Bill."

"That's fine. That's fine."

"There'll be licensed nurses and nurse practitioners."

"So, that answers your question. Sorry, it took me a little while to get to it."

"That's what I've been advised by staff. I'm sorry you had to get that speech, but it took me a minute to get the answer."

"Well, if they're… is they're licensed nurses…

"…and nurse practitioners…"

"…is what I've been advised by staff."

"Okay."

"Representative Bellock."

"Gentleman yields."

"Well, that was my understanding. And there was a… there was a State Labor Relations Board opinion that was derived by something that happened. And it held that it lacked jurisdiction over the relationship between the state and personal assistants because the state is not the employer of personal assistants."

"Mr. Sullivan."

"That's not my understanding of the intent of this Bill."

"The majority of the people that are included in this are already members of the union. What the state is moving to managed care correctly as the result of the Medicaid reforms that we did…"

"…and so we're moving towards managed care. And so, you have a group of people that are kind of lost in- between."

"And so this would clarify what happens when the folks that are moving from…"

"…state employees to managed care…"

"Yes. This is…"

"…that's what it absolutely has to do with in terms of…"

"…when the state started shifting to managed care, they're no longer state employees. So, they're kind of left in the lurch. So, we have to deal with that group of people that are caught…"

"…in-between…"

"…managed care and former state employees and we have… and they have to define who they are whether they are whether or not they have collective bargaining rights."

"Mr. Nybo."

"Sponsor yields."

"Your request is acknowledged."

"Maintenance home health care workers are already included. We're adding another class of employees that were excluded as a result of…"

"…these previous actions."

"They're already state employees."

"Well, they're already state employees, but as our shift to manage care, there's people that are caught in- between."

"Mr. Reis."

"Mr. Durkin."

"Representative Kelly Burke." Burke, K.: "Will the Sponsor yield?"

"Mr. Bradley yields." Burke, K.: "John… or Representative Bradley, I'm just a little confused about the maintenance… the house… maintenance health workers versus the folks who are already state employees. Can you clarify that for me, please?" 09700119.doc 178  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Yes. And as we moved from managed care, these were… my understanding this is a group of people that were state employees. As we moved to managed care, there's some confusion over the classification as to whether or not they're going to be covered under collective bargaining rights and so…" Burke, K.: "So, is it… is it only one type of worker that wouldn't be covered or three?"

"All home health workers under the home health services program." Burke, K.: "Thank you."

"Okay."

"Mr. Franks."

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

"Mr. Bradley yields."

"Mr. Bradley, will this save the state any money?"

"You're going to have to speak up."

"I'm sorry. Will this save the state any money?"

"Well, the underlying revisions and the move to managed care was, I think, intended to save the state money and as a result of that, sometimes you have to tweak things and you have to make sure that folks that got caught in- between are properly accounted for and we don't want to leave anybody behind."

"Could you speak into your microphone?"

"No. We want to make sure that people that are kind of in-between in terms of whether or not they're covered under these rights or not, are actually covered and so, this clarifies an unclarity in the law. Is unclarity a word?" 09700119.doc 179  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"I took the SAT a while ago, but I think it is. I'll give it to you. We'll give it to you."

"So, this would clarify that so."

"It's… well, I guess I need to ask some more. I'm told I need to. Right now, there are some folks that are classified as state employees and others that are doing the exact same work are not classified as state employees because they happen to be working in a home setting as opposed to an institutional setting. Is that… is that…"

"It's my understanding."

"So, this would have those folks who are getting paid by the state and doing the same work as other folks, you would allow them to become state employees and be able to unionize like the others that are doing the same work?"

"Yeah. And my understanding was they were able to before, but as a result of moving to managed care, there's a question now as to whether or not they can."

"Does this mandate that or just simply allow it?"

"I think it's simply an allowance of a right."

"So, it's not requiring that they be unionized. It just gives them the opportunity."

"That would be my understanding, Representative."

"'Cause I've heard other speakers indicate that it was man… a mandate."

"No. I thought I clarified that with my previous comments, but apparently I didn't do a very good job of that."

"So, tell me, what's the genesis of this Bill? When did you think of it?" 09700119.doc 180  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Well, I didn't. I'm just a cosponsor."

"Well, how did it end up in your hands when we have so many other capable Representatives? I'm wondering how this got to you."

"Because I'm the only one that has almost as much gray hair as you do, Jack."

"And that's right. Apparently, that's the only criteria on this Bill. I need some more time. I have… I have some more pertinent questions here."

"Well, Mr. Franks, I do think that the very unhappy people on this side of the aisle have a point. Could you bring your remarks to a close?"

"I just need some more information. Can I have a little bit more time?"

"Why don't you bring your remarks to a close, Sir?"

"Okay. Well, then I'll stop for now and Mr. Farnham might have some questions to ask."

"Mr. Cavaletto."

"Gentleman moves the previous question. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the question is put. Mr. Bradley to close."

"I think there's a lot of misconceptions about this which came up for the first time on the House Floor. This is not the end of the world; the sky is not falling. This is simply giving folks a symptom that they've had in the past that got caught in-between when the state started 09700119.doc 181  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 moving to managed care to try to save the taxpayers some money. So, this is a fundamental right and should give these folks some clarity as to whether or not they can actually be covered by collective bargaining. I would ask for an 'aye' vote."

"Gentleman's moved for the passage of the Bill. Mr. Nybo has asked for a verification, so Members will be in their own chairs and vote their own switches. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Bost, Representative Carli, Mr. Dunkin. Carli. Mr. Clerk, please take the record. On this question, there are 63 voting 'yes', 49 voting 'no' and 1 voting 'present'. And Mr. Nybo has requested a verification. Mr. Clerk, please read the affirmative."

"Representative Nybo."

"Gentleman withdraws his verification request. There are 63 voting 'yes', 49 voting 'no', 1 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 5877, Speaker Madigan to be handled by Representative Nekritz. Please read the Bill."

"Third Reading. Please read the Bill."

"Representative Nekritz."

"Thank you, Mr. Speaker. House Bill 5877 creates the Judicial Privacy Act. This is in response to some rather unfortunate filing incidents against judges. And there are lots of place out there where their personal information, their… the location of their home is published and this is an effort to make that private, so it's to protect our judiciary. There are six components to the Bill. I mean, it has a civil prohibition against posting or publishing judges' personal information for government agencies and for businesses. It has a criminal portion that makes it a crime to post the judges' personal information if the person posting knows or should know that the posting poses as imminent threat to the safety of the judge or his or her family. If there… it creates an exemption to FOIA. It amends the Election Code so that when the… their petitions are filed and that can then be made private at some point along the… as the process moves along. And then for the Secretary of State it amends the ID Card Act, the Vehicle Registration and Driver's License Act so that they could use a business lic… a business address rather than a personal address." 09700119.doc 184  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Lady moves for the passage of the Bill. The Chair recognizes Mr. Durkin."

"Lady yields."

"They'll still have to put the address on the petition, but once the petition is filed and once the ballot is certified, then that information would be redacted out."

"Again, once… once the ballot is certified."

"Correct."

"Thank you."

"Mr. Franks."

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

"Representative Nekritz yields." 09700119.doc 185  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Representative, I'm wondering what would happen in a situation… I'm not sure this has been contemplated… let's assume the judge has a minor child and she goes to grade school. And they have like a list of the families for the phone trees and that type of thing. Would there be a penalty if the school put together the booklet would have the child's name which also included the home address of the judge?"

"Representative, the judge has to make a request of the school that that information be not… that that be removed or atten… and…"

"Let's assume…"

"…excluded."

"Okay. Let's assume the judge made that re… that request and unfortunately, there was a clerical error because you have, you know, volunteers in who put together the yearbook or whatever it might be. Would there be… Does this… Is this a knowing violation or would it just be… would they be penalized simply because it occurred?"

"Representative, the criminal portion of this only… only would kick in when the person publishing knows or should know that there's an imminent threat. And I don't think you could… I don't think the school would be in that position, so this would fall under the civil provisions which would mean that if it's on the Internet the school would have to remove it, but if it's otherwise out there, there's really no penalty."

"Thanks for clarifying that."

"Representative Cole." 09700119.doc 186  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012

"Lady yields."

"No. It only affects their personal information regarding their address, contact information, that kind of thing. So, the use of their name would be fine."

"Well, I took it to be ok… I mean, he could still sue for defamation or something like that, but there's nothing about the use of the name in particular that would be covered in this Bill."

"No. Well, the Internet has, again, the Internet portion of it deals with the judge's address or some… something that would… that would… where you could locate them not just… not simply the use of their name."

"That would… that would be different, yes. The judge, again, the judge could ask that that be removed and if you… if you, you know, if you didn't do it, I don't see where there's, again, no penalty unless there's… unless you know 09700119.doc 187  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 as the perpetrator that the judge is in imminent harm… if he's under threat of imminent harm."

"Yes, I believe it would."

"Representative Nekritz to close."

"Ask for your support."

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Representatives Carli, Crespo, Davis, Dunkin and Turner. Please take the record, Mr. Clerk. This question, there are 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Zalewski."

"Point of personal privilege, Mr. Speaker."

"Please state your point, Sir."

"Oh, we have the West Suburban Municipal Conference members down here today. We did an acknowledgement a few minutes ago. I'd also ask the Body to give a warm welcome to Village President Jim Discipio, Julie Cedillo, Scott Mesick and Patty Rockwell from the Village of LaGrange 09700119.doc 188  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 119th Legislative Day 3/28/2012 Park. They're up in the gallery. Could you just give them a round of applause and welcome to Springfield."

"Welcome to Springfield. The Chair recognizes Mr. Bost for an announcement."

"Your caucus will be one hour, Sir?"

"Thank you. Mr. Clerk, Agreed Resolutions."

"Leader Currie moves for the adoption of the Agreed Resolutions. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Agreed Resolutions are adopted. Mr. Clerk, Adjournment Resolution."

"Leader Currie moves for the adoption of the Adjournment Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. The Adjournment Resolution is adopted. Mr. Clerk, Committee Announcements."

"Mr. Bost."

"Mr. Mathias."

Speaker Lang: "And now, allowing perfunctory time for the Clerk, Leader Currie moves that the House does stand adjourned 'til Thursday, March 29, at the hour of 10 a.m. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Motion is adopted and the House is adjourned until tomorrow at 10 a.m."