Illinois House Floor Debate — March 29, 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 Reverend Mark Nebel, who is with the St. John's Lutheran Church in Red Bud, Illinois. Reverend Nebel is the guest of Representative Costello. Members and guests are asked to please refrain from starting their laptops, turn off cell phones and pagers and rise for the invocation and the Pledge of Allegiance. Reverend Mark Nebel."

"Representative Robyn Gabel, would you please lead us in the Pledge of Allegiance." 09700120.doc 1  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

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

"Thank you, Speaker. Please let the record reflect the excused absence of Representative Gordon today."

"Thank you, Leader. Representative Leader Bost, status of the GOP."

"Mr. Clerk, take the record. There's 110 Members responding to the Roll Call, we have a quorum. We're prepared to do the work of the people of the State of Illinois. Mr. Clerk."

"Representative Cunningham, do you rise for a point of personal privilege?"

"Yes, I do, Mr. Speaker. I'd like to ask you and the entire chamber to join me and Representative Kelly Burke in welcoming the fifth-grade class from St. John Fisher Elementary School to our Capitol. They're behind me…"

"Welcome, St. John Fisher. We're proud to have you here. Enjoy your day at the Capitol. Representative Karen May, I believe you have a Resolution, House Resolution 754."

"Thank you, Speaker. And I would ask our guests in the gallery to stand up, please. House Resolution 754 resolves 09700120.doc 4  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 that the General Assembly designate this week as Pediatric Cancer Survivorship Week in the State of Illinois. And it urges all of us, here in the General Assembly, to show our respect for the… what these brave children have gone through. With advances in medicine, many of these children are survivors and I stress, it is survivors. At age a year, 15 months, 2, 3, 8 years old, they have been diagnosed with cancer, gone through countless surgeries, but there are a dozen of them here today to show us that they are survivors thanks to the advances of medicine. So, we are here to support them, to honor them because they all have shared their stories of what they've gone through, but they've come through it. They're here. They are wonderful, happy, upbeat kids and we owe them a debt of gratitude to show us what honor and what resolve they have to beat this disease."

"God bless you. You're an inspiration to all of us. God love you. Representative May moves for the adoption of House Resolution 754. All those in favor signify by saying 'yes'; those opposed say 'no'. And in the opinion of the Chair, the 'ayes' have it. And House Resolution 754 is unanimously adopted. All right, Ladies and Gentlemen, as I've been trying to all week, just to remind you, we've got your lists, Republicans, Democrats. We have the list that you submitted to your Leadership. We'll be going down it, basically, alphabetical, if I can find everybody on the floor, some Seconds, some Thirds, some Seconds that we'll put on Thirds that we'll vote on right away. So, pay attention. I'll do my best to keep it in alphabetical 09700120.doc 5  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 order. That's a challenge as you all know. Representative Dan Beiser, on page 10 of the Calendar, under House Bills- Second Reading, you have House Bill 5028. What's the status on that Bill, Mr. Clerk?"

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

"Representative Dan Beiser."

"Thank you, Mr. Speaker. This is an initiative of the Illinois Community College President's Council and it amends the Public Community College Act. Provides that after the effective date, one of the 11 gubernatorial appointees to the Community College Board must be a president of a public community college."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 5028 signify by voting 'yes'; those opposed say 'no'. In… 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 Dunkin, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dan Biss, on the Order of Third Readings, 09700120.doc 6  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Dan, you have, on page 19 of the Calendar, House Bill 5444. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Dan Biss."

"Thank you, Mr. Speaker and Members of the House. This is an agreed Bill that takes a pretty modest step toward a fairly interesting long-term project. The Department of Employment Security every quarter collects from all employers in the state a ton of extremely interesting data. It has lists of employees and wages and job classifications and so forth and embedded in that data is the opportunity for researchers to learn a lot about opportunities for the state to engage in economic development particularly in distressed areas. The problem is that releasing this data at just wholesale would be a major breach of confidentiality, would be unethical and illegal and once you try to think about ways to release it that would not violate those confidentiality restrictions, you find that it could potentially be expensive to the state to do so because of the computer and IT needs. So, all this Bill does is it sets up a task force to study this issue and make recommendations to the state about how to best release this data in a way that's both legal, ethical and affordable. I ask for an 'aye' vote."

"You've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from Cook, Leader Jim Durkin." 09700120.doc 7  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Sponsor yields."

"Well, I'm unaware of why they're neutral. I know they drafted the Bill, actually."

"Okay."

"Well…"

"They slipped in support at a committee…"

"…I'm told."

"And I will reiterate that this was actually drafted by their general counsel."

"Thank you."

"Representative Mulligan."

"Sponsor yields."

"Well, Representative, it depends on what you mean by this data. Certainly, of course, the public couldn't get access to individual records and have, you know, names and addresses of employees. There are certain chunks of the data that are available even online aggregated by county or in some instances by zip code. But, the goal of this task force would be to find ways to make publicly available to researchers data that is aggregated in smaller geographic regions so as to enable researchers to help guide those neighborhoods in developing their local economies."

"I'm not sure of what regions… what… I don't know the definition of region that you're describing, but it is not the case that it's possible currently to get current data on small neighborhood areas."

"Well, Representative, this data is definitely not available. This Bill arose out of a discussion… a series of discussions I've been having with the department for slightly over a year now about the question of whether there is an extremely inexpensive way of making the data available. They would be the first to acknowledge that the data that we're looking for is not currently publicly available."

"Do you mean the task force or do you mean the recommendations of the task force?"

"No, there's no…"

"Nothing. There's absolutely no funds, no… no funds whatsoever neither for renumeration for the members nor…"

"Your time has expired, Rosemary. We'll give you another minute to finish the line of questions. Go ahead, Representative Biss." 09700120.doc 10  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Representative Biss to close."

"Thank you. Just… just in response. There are certainly no funds appropriated for this. There's nothing besides the mildest of travel incidentals for which anyone would be reimbursed for this. And the point of the task force, to be clear, and I want to be very clear about this is to find ways that are essentially free to make this data available partially 'cause the state has no money but also partially because the funding mechanisms for the department basically wouldn't allow money to be spent on this. The department is funded almost entirely by federal funds which may not be used for this. And so the goal of the task force will be to find mechanisms such as external grant money to cover whatever costs whatever it be incurred according to recommendations of the task force. I think it's an exciting opportunity to do really good economic work for the state. And I ask for an 'aye' vote."

"You've heard the Gentleman's explanation on House Bill 5444. All those in favor of its passage signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Mell, Representative Yarbrough. Take the record, Mr. Clerk. We have 110 Members voting 'yes', 0 09700120.doc 11  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Dan Burke, on page 4 of the Calendar, Dan, you have House Bill 3812. What's the status on that Bill, Mr. Clerk?"

"Clerk, we'll take that Bill out of the record on the request of the Sponsor. Representative Dena Carli, you have, on the Order of Second Reading, on page 7 of the Calendar, House Bill 49… 4393. 4-3-9-3. Out of the record? Out of the record. Leader Dan Brady, on page 18 of the Calendar, you have House Bill 5109. Read the Bill, Mr. Clerk."

"Leader Dan Brady."

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

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

"Sponsor yields."

"Representative, I'm not sure what this Bill does. I'm not sure I understand what you're trying to accomplish."

"What is Delta Dental?"

"I'm sorry. Say that again?"

"So, why is the state involved in this, then? This is a private plan, correct?"

"Is there… is there someway they can change their bylaws where they don't need to come to the General Assembly to make these kind of changes? I just don't understand what our interest is here and perhaps I don't have the institutional knowledge that you do on this, but I just don't understand why the state's involved at all."

"Okay. Thank you."

"Representative Mautino on the question."

"Certainly. Well, in the Bill itself and to thank Representative Brady, there's a couple of things that this does and we're changing the composition of the board. Under the other law and as you well know, Sarbanes-Oxley says you shouldn't have people who are receiving money getting paid from an operation on their… as a majority of boards. This does that. It basically changes it so that we wouldn't have a majority of dentists in this plan who are participating in the plan and it was a request that came basically from the… from Delta Dental to help them operate within the State of Illinois."

"Representative Franks."

"Representative, can you explain… I still don't understand why this is in front of the General Assembly. Why does a private corporation, Delta Dental Plan, need the okay by the Legislature of Illinois to change how their trust… who their trustees can be? Why can that… why is it in front of us?" 09700120.doc 14  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Well, we created the statute which provides these services to those who are less fortunate. They do a lot of the Public Aid, Medicaid work that draw all of our counties…"

"Are they not-for-profit?"

"Under the… I'll have to get… I'll get back to you on that, what the… what the structure, I believe it is. The… but they have operated throughout the State of Illinois for years and they come in and they provide services under our program and what we're trying to do here is say that not… There was a requirement, the majority of the board members be dentists from Illinois participating in the plan. So, that's what we're trying to rectify."

"I… Okay. I just… are these paid trustees and if so, who pays them?"

"No, no they aren't."

"And how much they get? What's that?"

"No, they're not paid trustees."

"They're not paid."

"No."

"So, they think it's in their best interest not to have as many practicing dentists so they're trying to expand the board."

"Not a majority of dentists who are participating in the program and being paid by the program deciding how the program should run."

"Okay. I'm still not real sure why it's here except because of our statute. I figured there'd be some way that they could change bylaws. This seems very cumbersome to 09700120.doc 15  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 have to require corporations to come to our… the General Assembly. Maybe Mr. Brady has an answer."

"Yeah. It's been… it was set that way in 196… They've been here actually providing for the poor since 1965."

"Okay. Representative Brady to close."

Speaker Lyons: "Representative Brady and Mautino move the passage of House Bill 5109. 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? du Buclet, Skip. Mr. Clerk, take the record. On this Bill, there's 104 Members voting 'yes', 4 Members voting 'no', 2 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Cassidy, on page 18 of the Calendar, under House Bills-Third Reading, Representative, you have House Bill 4725. Out of the record. Representative Bill Cunningham, on the Order of House Bills-Second Reading, Representative, on page 12 of the Calendar, you have House Bill 5280. What's the status on that Bill, Mr. Clerk?"

Speaker Lyons: "Representative Bill Cunningham on Floor Amendment #2."

"Mr. Speaker, Members of the House, the Amendment was drawn up and adopted in committee on… based on some criticism of the Bill from the Illinois Department of Corrections who thought it was too broadly written and would include people who were not convicted of sex offenses. And I ask for its adoption."

Speaker Lyons: "Representative Cunningham moves for the adoption of Floor 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 the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading and read the Bill."

"Representative Cunningham."

"This House Bill 5280 is an initiative of the Illinois Attorney General's Office. It seeks to lengthen the time that sex offenders who are convicted of luring a minor spend in mandatory supervised release, after they are released from prison. It will not extend their prison stay but will keep them on parole longer. It would give the Parole Board discretion to keep them under supervised release from a minimum of three years to a maximum of life depending on their… the severity of their crime. Be happy to answer any questions." 09700120.doc 17  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"You've heard the Gentleman's Motion. The Chair recognizes Representative Jim Watson."

"Sponsor yields."

"I spoke with representatives from IDOC. They don't believe it will have any impact on the prison population. The thing to focus on here is this doesn't really change their sentence. It changes the amount of time on supervised release. So, it won't affect the population. Could it potentially increase the burden on parole agents? It could, but IDOC has indicated to me that they don't think we're talking about a very large universe of individuals here."

"If you're asking whether or not they're preparing to add parole agents. I don't know, Representative."

"Representative Cunningham moves for the passage of House Bill 5280. 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? Connelly, Feigenholtz, Senger, like to be recorded? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Will Davis, on page 7 of the 09700120.doc 18  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Calendar, Will, under House Bills-Second Readings, you have House Bill 4466. What's the status on that Bill, Mr. Clerk?"

"Representative Davis on Floor Amendment #4." Davis, W.: "Thank you very much, Mr. Speaker. Floor Amendment #4, relative to the Bill, just simply takes licensed truck stop establishments out of the Bill."

"You've heard the Gentleman's explanation. 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. Mr. Clerk."

"Representative Will Davis on Floor Amendment #5." Davis, W.: "Thank you very much, Mr. Speaker. Floor Amendment #5 simply takes the penalty procedures out of the Bill. The objective with the overall Bill, Ladies and Gentlemen, is to take the way that we structured the last gaming Bill whether… with regard to provisions for minority contracting and apply it to the rest of gaming that we have here in Illinois. And there was a penalty put in the original Bill. Floor Amendment #5 simply takes that penalty out and it'll 09700120.doc 19  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 be subject to the various boards that will make those determinations whether or not a license could be revoked if certain goals are not met in an appropriate fashion."

"You've heard the Gentleman's explanation on Floor Amendment #5. Representative Reboletti wants… to the Amendment or I'll wait 'til we put it on Third? Thank you, Dennis. We'll wait 'til we put this Bill on Third. So, Floor Amendment #5, all those in favor of the passage of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #5 is adopted. Anything further, Mr. Clerk?"

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

"Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. As was previously discussed with regard to one of the Amendments, House Bill 4466 is an attempt to take… to take with the regard to all of the remaining of gaming that we have here in the State of Illinois and to put minority contracting requirements on that. One of the things about this Bill that may be a little different is that because we are concerned and sensitive to putting arbitrary goals on some of those contracts, we leave it up to the various boards that will ultimately make those decisions so that appropriate goals are put on the various contracts where they exist. Be more than happy to answer any questions." 09700120.doc 20  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

Speaker Lyons: "I'm sorry, Representative Davis. I was interrupted. Are you finished? Okay. We have some people who want to speak to the issue. Leader Mike Bost."

"Sponsor yields."

"Time's expired. We'll give you another minute to finish this conversation, Representative Bost. We have three or four other speakers, so go ahead, Mike."

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

"Sponsor yields."

"Leader Jim Durkin."

"Sponsor yields."

"Representative Sacia."

"Sponsor yields." 09700120.doc 25  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Representative, your time expired. We'll give you another minute to finish this line of questioning." 09700120.doc 27  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Leader Lou Lang."

"Thank you, Mr. Speaker. I simply rise to support the Gentleman's Bill. In the process of negotiating gaming 09700120.doc 28  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Bills over the years, we've had many conversations about minority ownership, but only in the last several years have we ratcheted up to include minority contracting. In fact, in terms of the economy in the State of Illinois, in terms of including minorities in the process, minority contracting is far more important than the ownership. There have been people, some in the Senate particularly, who have been pushing for years for minority ownership only. But, the issues regarding bringing minorities into the contracting process to give a small businesses the chance to be involved, to grow, to hire people, that's what we need to do. We all know that small business hires many more people in our state and in our country that all the large businesses do. And so, this Bill creates opportunities for small minority-owned businesses to be involved in a way they weren't involved before. I applaud the Sponsor for working so hard on this Bill. And I'm proud to join him as a Sponsor."

"Our final speaker will be Representative Ken Dunkin."

"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, here it is 2012 and we're still talking about opportunity, equal opportunity or at least in this case, 20 percent of an opportunity. I rise in strong support of House Bill 4466 because it… it's a goal. It's not a mandate; it's not a requirement. It's a goal to encourage the private owners of casinos, riverboats, here in our state, to allow women, any woman, minorities, as defined in the Legislature, or just… or a disabled contractor an 09700120.doc 29  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 opportunity to participate in an enterprise where everybody participates in the casinos. You go to a boat or casino, land-based or not, it's quite diverse with its patrons. And so, this is merely and simply a goal to ask private owners just to set aside an opportunity for folks who are traditionally isolated or kept out of this opportunity. Government folk, as we know, act as a partner or a facilitator of the private industry at all levels: banking, insurance, farming, even casinos. We have subsidies all across the state for agriculture and the farming business. We are merely asking that we facilitate an opportunity for private businesses to have a goal. That's it. This is the safest legislation you will be able to vote on. This is not forcing anybody to do anything. It's suggesting and encouraging a goal. And I would rise in strong support and encourage an 'aye' vote. Thank you."

"There… Will Davis to close." Davis, W.: "Thank you very much, Mr. Speaker. I want to say that I truly appreciate all of the comments that were made on both sides of the aisle with regard to this. And for Representative Durkin, I just want you to know that it's our understanding that OTBs are included in this as well. And… but particularly I want to thank Representative Sacia because I want him to know that I'm very sensitive to exactly what he is suggesting, but it's unfortunate that the history here in the State of Illinois has kind of pushed us in the direction where we have to inquire and fight. But I want him to know that it's really not about asking for something that folks aren't deserving of or that 09700120.doc 30  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 they should receive something that they aren't deserving of. It's always been about fair share and opportunity for minority companies to have a bite at the American dream, so to speak. But, unfortunately sometimes, particularly in transportation, that hasn't always been the case and we've had to fight for Bills like this one to try to help create that opportunity. But again, Ladies and Gentlemen, House Bill 4466 is simply attempting to mirror the last gambling expansion Bill that was passed here and to ask that contracting goals be put on the remainder of the gaming industry. We've been sensitive to all of the objections that we were made aware of and we've filed Amendments to try to deal with… deal with some of those objections. I think we've covered all of those. Again, the idea here is not to be onerous in any way, but to try to create opportunity so that businesses here in the state that happen to be owned by minorities and women will have a fair shot at the Illinois dream of ownership of a business and helping their businesses grow. I ask for your support. Thank you very much."

"Representative Will Davis moves for the passage of House Bill 4466. 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, there are 63 Members voting 'yes', 45 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Dan Brady, I 09700120.doc 31  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 believe you need to acknowledge somebody on a point of personal privilege."

"Congratulations, one and all. We're proud to have you at your Capitol. Representative Lisa Dugan, on page 19 of the Calendar, on Bills-Third Readings, you have House Bill 5336. Read the Bill, Mr. Clerk."

"Representative Lisa Dugan."

"Thank you, Speaker. Members of the House, House Bill 5336 just streamlines between the Department of Labor and the Department of Commerce and Economic Opportunity the OSHA program. Right now the Department of Labor and DCEO, they each do part of it. We believe that it makes more sense for the Department of Labor to switch it over to DCEO and have one agency doing it. So, this is from the Department of Labor and DCEO an agreed to Bill to codify what they already do now. I would appreciate an 'aye' vote."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, all those in favor of the 09700120.doc 32  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 passage of House Bill 5336 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? Jim Durkin. Representative… Sandy Pihos, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Sandy Cole, on page 4 of the Calendar, under House Bills-Second Reading, you have House Bill 3890. What's the status of that Bill, Mr. Clerk?"

"Representative Bellock on Floor Amendment #1 to Representative Cole's. Are you going to give the… Representative Cole, are you going to do the Amendment?"

"Representative Cole."

"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. The Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading and read the Bill." 09700120.doc 33  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Representative Cole."

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

"Sponsor yields."

Speaker Lyons: "Folks, time's expired, but we'll give you another minute to finish this conversation."

"Go ahead, Sandy."

"The Gentleman from McHenry, Representative Jack Franks."

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

"Sponsor yields."

"Representative, what problem are we trying to fix?"

"Well, they'd be abandoned, if they were sitting there for a long time, I'm… There are rules and the UCC, that if people leave things for a certain amount of time, the owner, who is storing these; has created a bailment, can charge them a certain amount for storage and then after a certain amount of time, they can go to the Secretary of State, declare them abandoned and sell them, correct?"

"The problem with your Bill, what Mr. Sacia had just talked about, and I'm reading it. It's a very short, very short Bill."

"I think it's poor public policy for a number of reasons. But number 1, you are going to be making everyone who owns a trailer, right now, in violation of the law because this is… this is… there's no grandfathering of existing trailers. Not only are you requiring a medical… I'm sorry… a metal identification tag, you are also, on top of that, also requiring that the steel frame also be stamped."

"That's what it says."

"I am reading… Okay. Let me go… I apologize. I'm reading the text."

"Okay. Well, that… you took out the stamp and I did not see the Amendment."

"That does…" 09700120.doc 38  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"I actually don't. I see how it works in Wisconsin, for instance, and in Wisconsin, the trailers don't even have license plates."

"What I'm concerned about…"

"I know and I'm concerned that we are totally overregulating people and I'm concerned… And I'll go to the Bill. And I appreciate what you're trying to do and I know you're saying it's agreed, but what we're requiring now is an affirmative obligation for every trailer owner in the State of Illinois to go and get a VIN number put on which is… it's a hassle, maybe it's not a big hassle, but it's going to be a cost. And I don't know what these things cost and I don't know what it's going to cost to actually put it on there because the adhesives that they're affixed on aren't working. So, perhaps we have to do something else, but…"

"I don't know why we continue…"

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

"Thank you. And I'm just going to the Bill. I just don't know why we need to continue to overregulate the 09700120.doc 39  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 citizens of Illinois. I think we've… we've done enough to them with our… our state being insolvent. We're not paying our bills. We're essentially bankrupt. And now, we're going to put another mandate on them that, in my opinion, is useless because the problem… I think we're looking for a solution to a problem that does not exist. There is no chance… We're going to make people breaking the law on day 1, should this pass. I think it's a Bill that does not need to be passed. It's a Bill that we ought not to pass. And I'd encourage everyone to vote 'no'."

"Representative Bellock."

"To the Bill."

"The final speaker will be Representative Dwight Kay. Representative Kay."

"Sponsor yields."

"Representative Cole to close."

"The question is, 'Should House Bill 3890 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? Coladipietro, Cunningham, Krezwick, Morrison, Turner, Zalewski. Mr. Clerk, take the record. On this Bill, there are 30 Members voting 'yes', 78 Members voting 'no'. The Motion fails. Mr. Clerk, on Supplemental Calendar #1, we have House Resolution 706. Speaker Madigan has House Resolution 706. Representative Bradley will present the issue. Representative Bradley."

"This was a Committee Amendment, correct?"

"Pardon me, Representative?"

"This was a Committee Amendment, correct? So, we're on the Bill?"

"Mr. Clerk."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the General Assembly…"

"John, wait a second. Ladies and… would you please bring the noise level down. It's a pretty serious issue, not that all of them aren't, but this one is budgetary. I'd suggest that we shhh. Representative Bradley." 09700120.doc 43  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Thank you, Mr. Speaker. Ladies and Gentlemen of the General Assembly, my colleagues and friends, and people of the State of Illinois, a few weeks ago we adopted a revenue estimate which was passed overwhelmingly by this chamber and later adopted by the Senate. As a result of that revenue estimate that we put forth, previously, we have now gone back into the process of budget making, met with the Appropriation chairs, met with the chairs of the Revenue Committee, also with the Republican spokespeople for all these committees and in addition, key budget people from both of our caucuses. We have put forth an allocation appropriation measure similar to the same process that we did last year. As you can see from the Resolution, this is going to be a very difficult process. This is going to be the beginning of many difficult choices that we're going to have to make. We should not take this lightly. We should not take this cavalierly. The decisions beginning today are going to be hard, but it's my belief and those that worked in this committee and group that we can do these things working together. This is a bipartisan effort. This is an entire state effort. There will be sacrifices throughout this state and the only way we can get through this is beginning today with a bipartisan allocation appropriation of state resources. Specifically, this Resolution would fund the pensions at the level that the actuarials estimate we owe. Now, let's be clear on this. The actuarials changed the pension funding level by almost a billion dollars. So, we have in a billion dollars of additional revenue that we have to put in the pensions because of an actuarial 09700120.doc 44  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 adjustment. This proposal would fund the group health insurance at the Governor's proposed level. This proposal would provide for the debt service. This proposal would allocate for statutory transfers. This proposal would fund Medicaid at the Governor's proposed level, but still will require significant cuts to the Medicaid program. As a result of funding all of those items, as we might say above the line, we then have a sum of money available to appropriate to the five Appropriation Committees. Elementary & Secondary Education would receive $6.49 mil… billion, General Services will receive $1.165 billion, Higher Education will receive $1.97 billion, Human Services minus Medicaid will receive $5.08 billion and Public Safety will receive $1.57 billion. This is all the money we have. This is all the money we have. We are allocating after the payment of approximately 1.3 billion in unpaid bills, off the top, all the money the state has to the Appropriation Committees. Our job begins today. I ask for an 'aye' vote. I ask for us to join together and begin this arduous difficult process of crafting a budget that lives within our means."

"Representative Greg Harris." Harris, G.: "Mr. Speaker, if I may defer for especially Representative David Harris and I wish to speak. Could I follow him if he's…"

"If that's your preference." Harris, G.: "Yes, please."

Speaker Lyons: "Fine. Representative David Harris, with a friend you'd like to introduce to the Body." 09700120.doc 45  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Harris, D.: "Ladies and Gentlemen of the House, House Resolution 706 with Amendment #2 is tough stuff. There is no other way to say it. The Governor said in his budget message that we have a rendezvous with reality. House Resolution 707, which was the revenue estimate of $33.7 billion that we passed three years… three weeks ago was the first step in that rendezvous. This is step two. It is a big step and it is a hard vote to take. The downstream consequences of this Resolution as we fashion our FY13 budget are huge. I do not think anyone in this House should feel good about House Resolution 706. It reflects the terrible situation that our state is in yet it is the right thing to do. Over the past nine years, we have put this State of Illinois in a terrible hole and the first rule of holes when you are in one is to stop digging. Last year this House put together a budget that stopped the digging of the hole. This year, with House Resolution 706, we begin to climb out of the hole. You may remember that last year we passed a budget… excuse me… passed a revenue estimate and from that revenue estimate we took right off of the top certain commitments: pension obligations, group health, pension note debt service, other transfers out. We do exactly the same thing this year with 706. There are, however, two significant changes in this Resolution. The first change is that because of our Medicaid situation the funds to pay Medicaid like the other commitments I just mentioned are reserved right at the top, $6.6 billion. That $6.6 billion figure presumes… presumes that we were able to cut $2.7 billion in liability as the Governor in his budget 09700120.doc 46  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 message asked us to do. And Governor, we will work with you to achieve those savings. The other big change that was made this year over last year is that we put a line in here for old bills. All of us in this House know that the state has about $8 billion in old bills that we have to pay. Last year we passed House Resolution 158, sponsored by the Gentleman from Madison County, that said any revenues that come in above what we appropriate will be used to pay old bills. Well, this House was right on target last year with our budget revenue estimate and guess what, there were no extra revenues that we anticipate coming in. So, we're not going to pay down our old bills. Well, this side of the aisle believes it is critically important that we make a meaningful… a meaningful payment to eliminate our stack of old bills. Thus, House Resolution 706 contains a line reserving $800 million to pay old bills. Three hundred million of that will be used to pay non-Medicaid bills. Five hundred million will be used to pay Medicaid bills, which because of the federal match we will reduce our back bill of Medicaid by $1 billion effectively giving us $1.3 billion to pay old bills. We have to pay them. There is a phrase with drug addicts that because of their addiction they have a 'monkey on their back' and they won't be normal until they get rid of that monkey. My friends, the State of Illinois has a 'monkey on its back' and that monkey is $8 billion in old bills. We will not be able to restore the State of Illinois to its rightful place of preeminence among our 50 states until we get rid of the majority of the old bills. Some would argue that we should borrow to pay 09700120.doc 47  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 the old bills. That doesn't solve the problem; that adds to our debt service and just pushes the problem further down the line. We have to address it now. House Resolution 706 does that. We've got to get this monkey off our back. We don't have a printing press like they do in Washington, D.C.; it can pump out dollar bills. We don't have a Federal Reserve Bank that can create fiat money from virtually thin air. No, we have to pay our bills from the $33.7 billion in revenue that we anticipate coming in to our Treasury. And rather than spend every single penny and see what may be left over, we're going to make that payment upfront. As I said earlier, this Resolution has downstream consequences. House Resolution 706 means that the Appropriations Committees will have roughly $900 million less… $900 million less for FY13 day-to-day operations than they had last year. So, as we go into the appropriations process, we're going to do it with our eyes wide-open fully aware of what lays ahead of us. State Government provides many needed services that people rely on. We all have programs that we do not want to see reduced or cut, unfortunately, many of those services are going to be reduced and the programs are going to be cut. We have painful decisions ahead of us. It is not going to be easy. House Resolution 706, however, is the only route that will help restore our Land of Lincoln to fiscal stability and a positive future. I urge a 'yes' vote."

"Greg Harris." Harris, G.: "Thank you, Mr. Speaker. Will the Sponsor yield for a question?" 09700120.doc 48  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Representative Bradley awaits your questions." Harris, G.: "You know, Representative Bradley, for those of us who were unable to be in the Revenue Committee hearing this morning because of other committee assignments, just want to clarify some of your… understand some of the thinking that went into this Resolution and you and Representative David Harris, you know, made very, you know, you know, clear and precise comments about the state that our Medicaid budget is in, in particular, where we're faced with a pile of unpaid bills and the liability will just continue to grow exponentially. And we're faced with a situation here that those of us who wish to, you know, protect Medicaid for the future have to be sure that we're protecting it for the most vulnerable now and we may have to shift some other costs or make some other cost reductions to do that. So, in your discussions this morning, if additional non-GRF funds became identified related to the Medicaid program as the committees do their work, related to the healthcare or hospital provider relief funds or other Medicaid related funds or by generating additional savings or finding new revenues, is it your intent that those moneys be used exclusively for Medicaid related purposes and to redu… and to maximize our federal match?"

"Well, I certainly don't have the authority personally to grant that request, but I think the discussions that took place in the group is that everything is going to end up it appears with cuts. The Appropriation Committees are all taking cuts. Medicaid, as proposed, is taking a 09700120.doc 49  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 significant cut. If the hypothetical that you put forth comes true, there would be the discussions of this Body in a bipartisan manner to try to determine where to put those moneys back into the budget, whether it be Medicaid, whether it be in the five Appropriation Committees. That would be my guess as to where they would go, but it would be our decision and our job as Legislators to make that decision." Harris, G.: "Okay. So, the Governor's proposed budget anticipated we would cut Medicaid populations, eligibility, services and rates in the amount of $2.7 billion in liability in this coming year. Is that your understanding?"

"That's correct. And we funded Medicaid at the Governor's proposed funding level. Now…" Harris, G.: "And did it…"

"…the other thing though I would say is in the unpaid bills, and I didn't mean to interrupt you, but on the unpaid bills because of all this pressure that's on the system a… the majority of unpaid bills to be paid are Medicaid related. So, there'll be about a billion dollars of the unpaid bills of the 1.3 will be Medicaid related bills. We did this to try to minimize some of the blow on the providers and on the people of the state." Harris, G.: "And the Department of Healthcare and Family Services submitted to the Joint Medicaid Committee between the House and the Senate of which I'm a member, a menu of options that if we enacted each and every one would only amount to about 3.01 billion. And I think many of us would agree that items on that list can be unrealistic in their 09700120.doc 50  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 harshness in addition to the potential to shift sick people into more expensive settings along with losing some federal match. As the committee, the Joint Medicaid Committee does its work, if the committee develops a list of solutions to the Medicaid liability problems that includes some or all of the reductions or eliminations proposed by the department, or other savings were to come from stricter utilization reviews, recapture audits or savings from elimination to be their provider or eligibility fraud and additional non-GRF revenues such as enhanced or additional provider taxes and their result in federal match, would it be your intention that those would count toward the 2.7 billion in liability reduction?"

"I would hope so and obviously, I personally would be open to that and I think the Members of the General Assembly would, but that would be a decision that we would have to make jointly. And I have great faith in your committee, personally and in your abilities and those that you're working with and we're very hopeful that you can do that, Greg." Harris, G.: "Ladies and Gentlemen of the House, we're at a… we're at a terrible decision point here and we're going to have to make some very difficult cuts that are going to have a great deal of impact in each one of our districts whether we're from downstate, Central Illinois, suburbs or the County of Cook, but these decisions have to be faced and they have to be made. For every day that we do not make these decisions, the liability is only going to grow and the scope and the nature of the decisions we'll be forced 09700120.doc 51  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 to make will only be worse. I compliment Representative Harris, and Representative Bradley and their committee for doing the work they've done on this Resolution and I'm encouraged in my discussions with Representative Harris yesterday and the discussion here on the floor with Representative Bradley today to know that we will have a lot of flexibility as we try to meet this $2.7 billion liability cut in Medicaid that we will, you know, be able to use the most realistic assumptions. That we will be able to use the most realistic estimate of cuts, that will do the least harm to the people of Illinois, that will protect those who are in the most need and the most vulnerable and the most dependent on us for their healthcare that will allow us to be sure that we do not unintentionally shift folks from a lower cost setting into a setting that will only cost us more money because it looks like a cut on paper. That we will be able to go after fraud and abuse both by providers and by recipients to be sure that the dollars are going only to those that they… that deserve it and that those savings would apply to the $2.7 billion in cuts. Ladies and Gentlemen, the task we have before us and the choices we will have to make coming down the road are going to be truly, truly unpleasant ones, but I would ask people that we vote 'yes' on this Resolution and we begin to make these choices now because if we make them six months from now or a year from now they're only going to be worse. Thank you."

"Representative Robyn Gabel."

"Thank you, Mr. Speaker. Will the Sponsor yield?" 09700120.doc 52  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Sponsor yields."

"I was just wondering how you divided… can you… well, can you describe how the allocations were divided among the various appropriation areas."

"Certainly."

"I'm concerned that Human Services is taking a bigger hit over the last few years than other areas and I was hoping that perhaps this year they would be doing a little better."

"As the previous speaker indicated, that's a very pertinent question. Excuse me. Last year we set forth a process of allocation by percentages and so once we arrive at the total of revenue available after paying the mandatory spending items, which we would call above the line, we came up with historical percentages. The appropriation chairs met at that time in conjunction with our friends across the aisle and came up with the historical percentages given to various… the five appropriation areas. We took a six-year average at that time and we took a six-year rolling average at the request and suggestion of one of your colleagues that sits over by you. We couldn't agree on that, so then we averaged the averages and we came up with these percentages. We used the same percentages this year because we've obviously set allocation percentages; however, we've changed the percentages because we took Medicaid out of the Human Services allocation and put it above the line at the Governor's introduced level. So, by doing that, last year Human Services was around 50 percent including Medicaid. As 09700120.doc 53  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 a result of it being reallocated and Medicaid going above the line, the percentages were adjusted so that Human Services without Medicaid is at 31 percent. So, the other 19 percent went above the line, direct payment to Medicaid."

"Thank you."

"Okay."

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

"Sponsor yields." Davis, W.: "Representative, was there ever any conversation about where we might be able to find additional revenue that we could have a conversation about versus simply taking money off the top to do this particularly to pay old bills?"

"Well, to your credit, every meeting that we were together in you brought it up and I've also had discussions personally, personally, with the Governor's Office. And in the Revenue Committee, we are always looking for potential additional revenue sources. You raised the issue; it was brought up in the meetings and so, it's out there and it continues to be out there. The Governor's Office continues to ask for us to look at that as well." Davis, W.: "So, but if we pass this Resolution, doesn't that in a sense… doesn't that in a sense prevent our opportunity at putting new revenue on the board because if we… we pass this, then doesn't that mean that if we were able to find new revenue that we might actually go above our spending limit?" 09700120.doc 54  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"No. No, it does not, but the burden or the limitation on additional spending by the state is not as a result of this Resolution. It's the result of the inability to do that within this chamber. And so, whether or not there are sufficient votes within this chamber to do additional revenue of whatever source it might be, that's the impediment to the additional revenue not this Resolution." Davis, W.: "Okay. Well, I think you hit on something important. You said the inability to do that in our chamber, so in other words, you don't feel that there are enough Representatives in this chamber who will be willing to engage in the discussion…"

"I…" Davis, W.: "…about more revenue so that we don't have to necessarily make some of the cuts that we're talking about. Will there be a need for cuts or might we have to make some? That's always a possibility based on how much money you're able to find, but you're saying there's not enough of us willing to do so. We can't get enough of us in this chamber to stop this process long enough to talk about additional rev… wherever it comes from… wherever it comes from. In our meetings, one of the Representatives from that side said, well, why don't we raise the premiums for All Kids, as though that would scare me? Well, it didn't and I suggested we put the Road Fund on the table, but that scared him. He didn't want to hear that, but I was willing to put something as dear to me on the table to have this discussion." 09700120.doc 55  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Representative, and I know that's not directed at me, as someone who voted for the income tax…" Davis, W.: "Absolutely."

"Okay. Right. I'm standing here saying this is all the money we have right now. I don't know if this chamber has the stomach to do additional revenue at some point on whatever level, but that's where the impediment would be not this Resolution. The impediment would be whether or not this chamber wants to do anything additionally. I don't know the answer to that. I'm not saying it will; I'm not saying it won't. I don't know the answer to that. This Resolution doesn't prevent that." Davis, W.: "So, then, is it possible that we might be able to halt this train so that we can have that discussion? And for me it's a simple question; either you are or you are not. Now, in our working group meeting, apparently there was no appetite for it and I'm okay with that, but did we have that discussion amongst all the Members? Did we put that question to everyone in this chamber whether or not we should or should not have the discussion about additional revenue? And I understand it's a conversation that probably scares a lot of them, quite frankly, if it scares you, you really don't need to be in this chamber because there are tough decisions that need to be made in this chamber and sometimes we have to do those tough decisions and this is one of them. This is one of them and all I'm suggesting is that the end result of this is that all of our Appropriations Committees are going to see less money… are going to see less money. Now, for some reason, I think that 09700120.doc 56  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 those who aren't looking at or don't want additional revenue, I don't know if they don't care about the cuts that are going to be made or who's going to be impacted by those cuts. Presumably, they're going to be disproportionate to communities like mine and you're right, I wouldn't expect them to care about my community the way that I would. I wouldn't expect that, but at the end of the day, we're going to have less money to spend in our Appropriations Committee which means that we're going to make cuts. And if this is the path that we're going down, then fine, this is the path we're going down and I just want whoever is in my committee to know that they're not going to like what's going to come out of my committee. It's not… they're not… it's not going to be pretty. In my committee, everything will be on the table in terms of making cuts. Last year, I had to make cuts to General State Aid. I certainly didn't want to do that. I had to make cuts to Early Childhood Education. I certainly didn't want to do that. But, believe me, if this is what's adopted and this is the path that we're going down, anybody in Elementary & Secondary Education-Appropriations Committee is not going to be happy with the decisions that are going to come out of that committee. So, I hope you're prepared to vote for that since we can't stop this process long enough to talk about additional revenue then let's just be prepared for the pain that's going to come in these Appropriations Committees. Thank you very much."

"Representative Riley."

"Thank you, Mr. Speaker. Will the Sponsor yield?" 09700120.doc 57  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Sponsor yields."

"Representative Bradley, in… in all of your discussions especially with regard to setting the 2.7 Medicare reduction number…"

"Med…"

"…and I see that there are some Amendments…"

"Medicaid."

"…to remove the language. You're talking about the tiered system. I mean, we're going for it all, I guess. Was there any discussion at all that talked about the disproportionate impact that this might have on the so- called safety net hospitals?"

"Yes. There was discussion about all aspects of that and obviously, this is a starting point and those discussions are going to continue. And as the Appropriation Committees work through the budget with the available revenue that we have currently, which this is all the revenue we have currently, as they work through those issues there's going to be more discussions and people are going to see exactly what the results of this kind of fiscal crisis is going to have on real people. And so, that discussion started weeks ago; it continues today and it will continue until the Legislature adjourns."

"Because I think it's important to note and we talk all the time, as a matter of fact it's gotten to be sort of a mantra. Everybody has to feel some pain, et cetera, et cetera, and I think that all thinking people understand that. The problem is some folks are going to feel it disproportionately especially those people who are charged 09700120.doc 58  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 with taking care of the least of these among us like those safety net institutions. They're really going to be hurting much more than the collective pain that we… that we say that everybody has to… has to take. And I think that that's a very, very important thing to look at."

"Well, and I trust that the Appropriation Committees, and we all have to trust that the Appropriation Committees in the process of working with the money that we have available right now are going to do everything they can to try to minimize the disproportionate impact that the fiscal crisis of the state may be having. And that really is an Appropriation Committee level decisions to be made as to how to spend our money we have available as wisely as possible."

"Thank you."

"Representative Mulligan."

"Sponsor yields."

"I'm sorry?"

"I've been in a lot of negotiations. I don't…"

"Yes."

"This Resolution passed out of the House Revenue & Finance Committee on a… on leave this morning."

"Well…"

"…it passed out of…"

"It passed out of Revenue & Finance by agreement of the Parties on leave."

"Unfortunately, you're incorrect in that statement. We looked at the revenue estimates. Representative David Harris and myself, working with the Revenue & Finance Committee and the Senate, as well, had a joint Revenue 09700120.doc 60  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 hearing and we took evidence from three different sources. We invited the general public and any other sources. We got estimates from the Governor's Office, OMB, Department of Revenue working together. We got an estimate from COGFA. And we got an estimate… and we got not really an estimate, but we got remarks from the University of Illinois, Dr. Fred Dirks. We then took that information in conjunction with the Senate Democrats and Republicans in conjunction with the House Republicans and Democrats and came up and reached consensus on a bipartisan revenue estimate. That is the basis for our budget not last year's budget."

"Well, in fairness, you weren't in those meetings that we were in, so…"

"The Revenue meeting."

"The Revenue meeting. So…"

"Thank you for your help."

"Representative Mary Flowers."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Will the Gentleman yield?" 09700120.doc 62  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Lady yields. The Gentleman yields."

"Representative, you know, I really commend the hard work, and the long hours that you put into this and I know what you're doing here is really rather difficult, but I really am trying to get a understanding as to what it is that we're doing. So, if… if we were to vote for this budget, then what?"

"Well, what we're doing…"

"Let me just ask…"

"Oh, I'm sorry, you first."

"Will we be able to pay off last year's bills… or the bills that's due?"

"The total unpaid bills in the state are estimated as much as $8 billion. That's going to take, without some type of… of other drastic measures, it's going to take several years using this methodology to pay off those back bills. Now, the bills are not getting any worse hopefully because we've turned the ship around and we're getting our fiscal house in order, but it's going to take some time, as you know, to actually get there."

"Okay. So, we will not be paying off all of the overdue bills."

"That's correct."

"We will be paying some bills."

"That's correct."

"And despite the fact we will be paying some bills, there will be more new bills coming in. Am I correct?"

"Well, those bills should not be greater than the appropriations that we make." 09700120.doc 63  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"But the bills may not be greater than the appropriations that we make, the new bills that's coming in, but the outstanding bills, are they greater than the appropriations that we're going to make?"

"Not for the next fiscal year. So, you have the carryover… you have the backlog of bills which is not getting worse."

"How could the bills not be getting worse? Are there not going to be interest on those bills?"

"Well, we're paying interest, yeah, but you're…"

"Well, let me just ask you this. How do you foresee that the… that the incoming bills won't be getting worse?"

"Because we're not… the state is not going to spend money it doesn't have."

"Okay. So, now, with that being said, are we still going to have Medicaid in this state?"

"Yes."

"Is this not mandatory in order for this state to continue to get Medicaid that there are certain requirements that we must meet?"

"My understanding, yes."

"And so, if we violate the requirements that we must meet in order to get the Medicaid, in order to get the matching dollars, will we continue to get those Medicaid dollars?"

"My understanding is you have to comply with the program in order to get the appropriations."

"So, if we're not meeting the needs of the people that qualify for these programs, are we not in compliance with 09700120.doc 64  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 the program to meet the needs in order to get the matching federal funds? Are we in violation?"

"That would be the case if the committees do not follow the requirements of the Federal Government. We would have addit…"

"So, if we don't… but…"

"We would have additional issues. I trust that they will."

"So, by not complying with the people who have these needs, we are not in compliance with the Federal Government because the Federal Government says that there are certain things that you must do, state, if you want our dollars. You must deal with the children. You must deal with the elderly. You must deal with the disabled. You must provide prescription drugs. Will we continue to be able to do these things?"

"We hopefully can continue to be able to do as much as we can with the money we have and that's going to be up to the committees, the Appropriation Committees, to spend the money as wisely as possible. And look, Representative, you and I are members of the Flower Caucus, right and I don't like doing this. I mean, I don't like the situation we're in. David Harris got up a while ago and he said the same thing. This is all the money we got. And as we stand here today, this is all the money we have."

"But… but… but…"

"And it's going to be up to the Appropriation Committees to spend it as wisely as possible." 09700120.doc 65  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"But Representative, you stated it, we're the members of the Flower Caucus and so we want to grow. Flowers are here to grow and to spread all around us. So, we have to come up with a way to grow more moneys in this state, but we're not doing that. What we're doing is the same thing that we've been doing and we're going to continue to get the same results. So, that monkey that was on Representative Harris back is going to stay on his back. It's never going to move. And if… if we don't do something, we haven't got any type of waiver from the state to forgo these new pregnant women, to forgo the new elderly, to forgo the new disabled. So, what changes are we going to make in this state in order to grow more money, to create more jobs, so we can do what it is that we're suppose to because if we're cutting people off Medicaid then we're cutting off our nose to spite our face because we're losing moneys that we could be gaining. If we were doing the right thing, Representative, we should be trying to figure out a way how we can get maximi… maximize the dollars on Medicaid. Can we bring in the prescription drug company people and have them to negotiate the prices down? Can we bring in the hospitals ask them to negotiate the prices down? Can we ask businesses to add more jobs? Can we… What else can we do but we cannot continue to do the same thing because we're only going to lose in the end and we're going to… ought… and at the end on the other side of all of this, Representative, we are going to have sicker children, more elderly people, more people that were not able to get their prescription drugs and as a result, they, too, are going to 09700120.doc 66  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 be sicker. And by the way, Representative, there are going to be more people that's going to lose their insurance, more people that's going to lose their jobs because we're not doing anything any differently, Sir, to be bring jobs and revenue back into this state. So, until such time we step outside of our comfort zone, do something differently, we will continue to have the same problems that we're having and this is a failure. We should not go down this path. We should not balance this budget off the backs of poor people. We should not balance this budget off the backs of education. Thank you very much. And I urge a 'no' vote."

"Ladies and Gentlemen, we've had eight people speak to the issue and I certainly know it's a very important issue that should be fully debated. I'd ask you if you could keep your remarks, if you plan on giving a five-minute dissertation, maybe make it four and a half. We have six more… six more speakers to go: Feigenholtz, Bellock, Dunkin, Kay, Arroyo and Dugan. And then we'll hear from Leader Cross and Speaker Madigan. Representative Feigenholtz."

"Thank you, Mr. Speaker. I rise in support of this Resolution although it is, as previous speakers have mentioned, a daunting task. But I don't have a monkey on my back like Representative David Harris does, but I do… I did… I have been getting visits by a lot of chickens who have come home to roost on behalf of our Medicaid budget. The… the Medicaid budget has gotten very out of control in this state. I know many of you have been hearing from HFS, 09700120.doc 67  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 the Medicaid department, as well as the Civic Federation about our… our potential $21 billion problem. That if we don't begin to address the liability in Medicaid, we are really going to be in a system that has collapsed. The previous speaker was talking about whether or not we are going to be able to take care of the most vulnerable people in the State of Illinois and people are wondering why are we paying bills when we have poor people and people who have needs. Well, that's why we are dealing and looking at the Medicaid monster right in the face. We really have to address this liability issue or our Medicaid system will collapse and the people who need these services the most will not have them. We have been working around the clock. I'd like to assure the Representatives who have larger populations that depend on these services that what we're attempting to do is restore and maintain the integrity of these programs for the long-term so that they are sustainable. It is going to be a painful, painful year, but we have the future of these children and the future of the poorest and most vulnerable in our hearts in these committee meetings and we are hopefully going to be coming up with efficiencies so that we can sustain this program. Please do the best you can to support this. I, too, am very open-minded to revenue comments that other speakers made, but right now this is our reality. As Representative Bradley said, this is all the money we have and I really think we need to start paying our providers. So, please vote 'aye'." 09700120.doc 68  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Representative Bellock, Dunkin, Kay, Arroyo, and Dugan will be the last speaker. Representative Bellock."

"Sponsor yields."

"That is correct."

"I… I don't…"

"… I don't… We're just prioritizing the money that we've estimated available. I'm not… I don't know what you're referring to with additional revenue." 09700120.doc 69  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"COGFA thought there was going to be additional revenue last year by about a billion dollars… sorry I was eating a mint, by about a billion dollars and they were wrong. So, if we get additional revenue that comes in, if our number is low, then we'll have additional decisions to make as to how…"

"…to prioritize that money."

"Representative Ken Dunkin."

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

"Sponsor yields."

"Representative, as one of the chairs of the Approp Committees, maybe I missed this part, but I'm not a Member of your Revenue Committee… Representative Bradley."

"Yes."

"I'm not a Member…" 09700120.doc 71  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Uh huh."

"…of your Revenue Committee nor did I attend the meeting today."

"You're welcome, though, to come."

"Thank you. I'm going to hold you to that. Did we get some indication or clarification, and maybe Speaker Cross will speak on it or some of the other budget leaders that I sit in the room with, to start having a discussion on revenue and revenue enhancement?"

"Well, that was brought up at every meeting that I was in. There have also been other meetings on that and that would be up to the will of Body."

"Sure."

"This Resolution doesn't deal with that and it doesn't preclude that."

"Absolutely. You know, because it's… it's tough, but it can be… it's easier to make the cuts compared to generating the revenue to run our State Government, right?"

"I don't… I don't know. I don't know. I don't think either one of them are easy."

"Well…"

"And… and we're beginning the process today where we're going to find out, right?"

"Absolutely. Because, you know, most of us have an idea of what we don't like or what we… are not familiar with or don't know and we want to start going through… swinging the machete throughout the state's budget. Irrespective of, in some cases, not all, but of who it's going to have a direct impact on and I have a real problem with it only if we 09700120.doc 72  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 can't come up with a revenue enhancement. So, I want to ask my colleagues on the Democratic and the Republican side the tough question of revenue enhancement that involves borrowing as an option. If we could make a tough decision on cutting Medicaid by $2.7 billion that we know will have a calamitous effect all across this state. We've looked… we're looking at cutting Elementary and Secondary Education by a tremendous amount of money that's going to impact everyone in the state. So, borrowing should also be on the table as an option. We can't run away from what it is that we need to do to pay the bills, even if we're making certain reductions. Now, here's another one for us. The income tax expires in another year from now. Do we have the appetite to sustain or keep the income tax increase that we went from 3 percent to 5 percent? Is that going to be a serious option for us as well 'cause we can't cut our way out of this? We have to make some additional moves to really pay for the bills. And by the way, we can borrow $8 billion this Session if we have the will and fiscal responsibility and guts to make the tough choice of borrowing the money. And by the way, of the incomes tax that we have for two years, in there there's a little provision, a little known provision, that pays off debt to our bondholders. So, I want to make sure that that is out there and on the record and a challenge to my Minority Leaders that sit on the Appropriation Committees to look at that option as well. Finally, the Road Fund, the sacred cow in the State of Illinois south of I-80 where we receive where the Road… the fuel tax, the Road Fund, 90 percent of 09700120.doc 73  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 those dollars come from the County of Cook or within the Chicago metropolitan area. But if I'm not mistaken, only 55 percent of those dollars that are expended go to the Chicago area. Now, someone correct me if I'm wrong, but the Road Fund has to be on the table. The extension of the income tax has to be on the table. The borrowing… we can… we can solve a lot of this right now if we borrowed $8.8 billion and paying it off within 14 years by way of our income tax. We could solve this right now. So, I want to make sure that we have that as food for thought as we look at trying to get the monkey off our back to help pay for just this year alone, given the fact that we haven't even gone into the 2013 or 2014 budget. So, those are some of the other challenges as we vote on this tough decision that we have to make for all of the citizens here in the State of Illinois. Thank you, Mr. Speaker."

"Representative Dwight Kay."

"Sponsor yields, Sir."

"Representative Luis Arroyo."

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

"Sponsor yields."

"I'm not happy with this Resolution, but apparently this is the only Resolution we have in front of us. I'm going to vote for this Resolution 'cause I want to get to the business of the exercise with the oth… with the other side of the aisle to be able to get to the number that was given to us to be able to do the work to pass this budget at the end of the day. At the end of the day, my job as Appropriations Chairman is to pass a budget for Public Safety. We got cut $84 million; I'm not happy about that, but we have a job to do and that's what I intend to do. I got a good relationship with Dave Reis and we had a good exercise and we did a good job last year. Everybody applauded us, everybody was happy. This year I don't know if there's going to be any applause because nobody's going to be happy. The buzz word this year is going to be haircuts. Everybody in this chamber, everybody in this 09700120.doc 76  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 district is going to get a haircut. Maybe we're going to need a barber after we all get through here, but I think that this is what we have on the table. And a lot of my colleagues were talking about the Road Fund; everybody's talking about the Road Fund. I tell you, in Public Safety is where the Road Fund sits and there's nothing off the table in Public Safety that includes the Road Fund. How we get there, where we move the money, how we do it, I'm going to ask Dave Reis to be able to help on that. If we don't have to touch it, we won't touch it, but last year we paid mass transit with a portion of the Cook County Road Fund, our Road Fund east… on the east side, so maybe downstate's Road Fund would be moved around a little bit. Back again, if Corrections, all these 25 agencies I appropriate, they all going to get a haircut. So, you know, we're going to be able… I'm going to be able to look on the other side to be able to sit down together, do the same exercise, nothing's going to change. The only thing that's changing is the amount that we're going to have to trim from the budget. And I will be voting for this Resolution, John. It's not perfect, but this is the one we have in front, so this is the one I'm going to vote for. Thank you."

"Final speaker will be Representative Dugan and then Leader Cross and Speaker Madigan. Lisa."

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

"Sponsor yields."

"Representative Bradley and of course, I think we've had this conversation. And I just, again, want to ask, last year as we came up with this plan and of course, we started 09700120.doc 77  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 this last year with this new and it's not that I disagree with what we're doing. I think it's finally time that the state does it in a way that we do it understanding how much money we have and that's where we go. But my concern last year and of course, I think you know that I serve on Approps-Human Services, so as we continue to look at the figure, I was told of course that the percentages were given just by taking averages. So, now that we're in this year and we know that it's even going to be a tougher year, my question is still the same. Why or how was it determined as far as the percentages or again, was it just averages? And I say that and I know other Appropriations chairmen, of course…"

"It was math."

"…want as much as they can too."

"It was just math."

"Just math. And I look at it as we have to make the cuts and I have no doubt we have to make the cuts and I've been telling my people that since last year. There are going to be cuts, but it's the priorities here that I'm a little bit concerned about because we are just using math."

"Well…"

"As a Legislator who, of course, has communities that let's just say, for example, uses the OSLAD grants, right, for parks and recreation, something very important in my district. But as a Legislator who has to make a distinction and a decision with the cuts that we have to make this year as to whether or not possibly parks and recreation and again, I know the ones that are Appropriation Members of 09700120.doc 78  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 that committee won't like this. I'm just trying to look at…"

"Yeah."

"…the importance of what's important in the state. And when we look at the $2.7 billion reduction in the Human Services Appropriations and have to make those kinds of cuts, I have a little bit of a difficulty just saying we use an average…"

"Well, Representative, I oversimplified that and maybe my response was a bit curt. We use the historical allocation amounts. So, over the last six years, right, this was the percentage on average that Human Services got."

"Correct."

"Over the last six or seven now, right? Over the last seven years, this was the average percentage Education got. So, we took the historical averages. So, this is what… the only way to do this as fairly as possible, there's nothing good, easy or really nice about it, was to find out… figure out on an average how much we'd allocated percentagewise to the five Appropriation Committees and then appropriate money based on that percentage and also to reduce the amount of money this year based on those same percentages."

"And I understand how we did it and I… and maybe that's your answer. I mean, we just use an average. I guess…"

"It's historical, but it's…"

"It's historical."

"This is what we normally do. We normally appropriate…" 09700120.doc 79  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Well, and historically it's right."

"…including maintaining around 50 percent to Human Services."

"And I understand it, but I think if we are going to say that, historically, then historically I think we then have to look at today and with the economy and the downturn and what has happened to where there are people who never felt they were going to have to need the services that our state provides for those. Then, I think, could just say, well, historically Human Services has always only had this percentage that… that's why I'm just concerned. I'm not saying it's wrong; I'm just saying I just want it on public record I'm concerned that we're not… priorities in the state. I'm going to be on Approps-Human Services. I'm not going to be on where the OSLAD grants are. So, I'm just saying if I had to make a choice, I would rather, as a Legislator, say parks and recreation may have to wait a little bit and maybe we need to put some in before we're going to have to take drugs away from seniors or those types of things. So, that's all I was trying to find out was I know we use an average. I'm just not sure that I agree with that."

"I'm sure…"

"But I understand you worked hard to try to do that."

"Thanks. And I'm sure if one of the Appropriation Committees feels like they need to give some of their money to another Appropriation Committee say you'll take it."

"That's what they told me last year, so I'm just… I'm just saying from the perspective. I know nobody wants to 09700120.doc 80  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 give anything up. I'm just saying I think because we are hurting and the cuts we're going to have to make, I think another step this state needs to make is to really prioritize and the only problem I have is the way we do what we're doing and as we said last year in silos. I'm not… you know, I only have this much money in Approps-Human Services and even though, yes, I would have to, you know, I don't get the money, the chairman woman would, but yes, if another committee would say, hey, Human Services, we think we want to keep the drug program in place for seniors that would be great if they did. We didn't see that last year; I don't know if we'd see it this year."

"I think the Appropriation Committees, we all work together, most of us are friends, the Appropriation Committees certainly have the rights and the abilities to have discussions among themselves."

"Right. And I hope…"

"And I don't…"

"…that maybe that conver… those conversations are held more this year. So, I thank you for the work you guys did. I know it's tough. I know we're going to have to make cuts and I'm not saying that I'm not willing to make them in Human Services, I'm just saying I think we all need to think about maybe our priorities in spending needs to possibly be maybe switched in some of these percentages that we now have. Thank you very much."

Speaker Lyons: "I announced on several occasions that Representative Dugan would be the last speaker. 09700120.doc 81  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Representative Bradley, before our Leaders speak would you like to have a last word."

"I would just say that I appreciate the discussion today. I want everyone to understand that this is a very difficult task that we've been asked to do. This is a very difficult task that I've been asked to do today because what's going to happen with this budget is going to be very, very difficult and this is not easy. I don't like this; you don't like this. None of us like it, but it's reality. It's the hand we've been dealt. It's something we have to deal with and we're going to do our very best working together to get through this very difficult fiscal crisis and that's what it is. It's a fiscal crisis. We're trying to get the state back on solid financial standing. We're trying to run it more like a business. We're trying to pay our bills. We're trying to set up a program where we can get out of this, but in the meantime, it's going to be very, very tough and the only way we'll get through it is working together, helping each other out, picking each other up where necessary, standing our ground and making sure we do the best thing possible for the people we represent and for the State of Illinois. I'm honored and humbled to be a Member of this Body. I never thought I'd get to work in a place that has chandeliers, but this is going to be a difficult process and we're very, very, very difficult in the days to come. So, I appreciate the courtesy and I appreciate the questions and I look forward to the Leaders, Leader Cross and Speaker Madigan, who I 09700120.doc 82  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 compliment for their work as well as my good friend Representative David Harris."

"Thank you, Ladies and Gentlemen, for your very well done attention to all the speakers. Republican Leader Tom Cross."

"Speaker of the House, Michael J. Madigan."

"Mr. Speaker, the matter on the record is House Resolution 706. The next matter to be considered by the chamber will be House Joint Resolution 69. The Resolutions are identical. And I would request leave that we consider both Resolutions on the same Roll Call."

Speaker Lyons: "Speaker Madigan requests leave to do both Resolutions at the same time. Seeing no objection, leave is taken."

"Mr. Speaker and Ladies and Gentlemen of the House, I'll be very brief. First, I want to compliment those who worked so hard and so well on this matter. Five chairs of the Appropriations Committees, five Republican spokespersons on those committees, Mr. Bradley, the chair of the Revenue Committee; Mr. Harris, the Republican spokesman on the Revenue Committee; Representative Bellock, Representative Mautino, Representative Cross, we all worked together. We worked cooperatively. We met together. We exchanged ideas. We did this over several weeks. This is not something that is the result of a quick judgment. This is something that was done in a very deliberative manner, a very deliberative fashion. Not everybody is happy with the 09700120.doc 89  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 numbers in the Resolutions because some people would like the numbers to be higher and some people would like the numbers to be lower. And so, this is a compromise, a compromise predicated upon the best information available to the General Assembly. The information comes from the Bureau of the Budget in the Governor's Office, it comes from COGFA, it comes from other economic forecasting agencies and there's little dispute about the numbers themselves. The dispute relates to whether in someway they ought to be higher or someway they ought to be lower. Some have said why today, why so early, why don't we wait a little longer, why don't we talk about it even further? Well, one reason for today is that we're scheduled to take a two-week break and when we return to Session, there will be only seven weeks left in this Session. Now, given the difficulty of this task, seven weeks is not a long time. Seven weeks, given the difficulty of the task, is a rather brief time. And so, we're all well-advised to take the vote today to move ahead. Mr. Cross has explained in his remarks it's a good start, it's a good outline. It's an outline that will help us fashion our debate, help us engage with each other so that we can adopt, pursuant to the Constitution, a balanced budget and a balanced set of Appropriation Bills that will authorize spending over a 12- month period beginning July 1. As I said, I'm going to be very brief. We've had a very good debate today. My compliments to all of those who were engaged in the process, my compliments to those who engaged in the floor debate today. This has been very well done. Mr. Speaker, I 09700120.doc 90  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 rise in support of the Resolution and request an 'aye' vote. Thank you."

"Speaker Madigan and Leader Cross ask for the adoptions of both House Joint Resolution 69 as well as House Resolution 706. So, both issues are on the same Roll Call. 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? Currie, Monique Davis. Mr. Clerk, take the record. 91 Members vote 'yes', 16 Members vote 'no', 3 Members vote 'present' and House Resolution 706 and House Joint Resolution 69 are hereby declared adopted. Leader Cross on House Bill 3969. Read the Bill, Mr. Clerk."

"Leader Tom Cross."

"Representative Nekritz."

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

"Sponsor yields."

"Leader does this… tell me to whom this applies."

"'Cause I… 'cause…"

"I would think so and I just wanted to make sure that the Body understood that that's not… 'cause it would not apply to those that are… that are already retired."

"So, that we would blow yet another hole in the budget that some of those agencies that are going to be really harmed by this by what action we just took."

"Thank you."

"Leader Cross to close."

"The question is, 'Should House Bill 3969 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? Acevedo, Camille Lilly. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Back to the regular Calendar, Ladies and Gentlemen, on the Order of the alphabet, Representative Hays, on page 9 of the Calendar, you have House Bill 4753. What's the status on that Bill, Mr. Clerk?"

"Representative Hays on Floor Amendment #1."

"On Floor Amendment #1."

"Representative, I believe we're just adopting Floor Amendment #1. So, we'll adopt the Amendment. 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 #1 is adopted. Anything further, Mr. Clerk?"

"Third Reading. And Representative, I think you just explained the Bill on the Amendment. Are there any questions of Representative Hays regarding House Bill 4753 as amended? Read the Bill, Mr. Clerk."

"Representative Jack Franks."

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

"Sponsor yields."

"How is this authority funded?"

"So, this has not come into fruition yet? This would be allowing via tax dollars through a referendum to create this district."

"Why do you want to have these trustees to get additional funds because right now you're expand… this Bill would allow the trustees to be reimbursed for actual expenses but also current travel expenses, et cetera. Why do they need the additional expenses?"

"Okay. I'm just wondering why we would need that 'cause I was thinking if they're going to be within the county the people are serving that they wish to do… to do this, I don't know why they would need reimbursements if their driving to a meeting of something they're doing on their own…"

"…free will."

"And I'd be happy to look at that, absolutely." 09700120.doc 95  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"All right. Thank you."

"Representative Chad Hays moves for the passage of House Bill 4753. 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? Kelly Burke, Dunkin, David Harris, Jackson, Morthland, Unes, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 88 Members voting 'yes', 16 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Arroyo, on page 12 of the Calendar, on House Bills-Second Reading, you have House Bill 5454. Read the Bill, Mr. Clerk. Out of the record. House Bill 5453. Out of the record. Representative Esther Golar, on the Order of Third Readings, Esther, on page 19 of the Calendar, you have House Bill 5655. 5655. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Lady from Cook, Representative Esther Golar."

"Thank you, Mr. Speaker and Members of the House. It's a pleasure to talk about House Bill 5655. It is an initiative of MS and this Bill will really make and correct some of the issues that are going on. There's been some alarming numbers in nursing homes and those numbers are startling in terms of patient safety, also for the health care workers that are there. And this Bill will address and actually take care of the safety of the residents there, safe 09700120.doc 96  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 lifting, safe lifting teams. It is… it is a comprehensive initiative by MS to address some of the egregious things that's going on in nursing homes. Some of the numbers are like 20 thousand that… alarming numbers, that will be affected by this change. And so, I would ask for your consideration of this particular measure. And I would be happy to take any questions."

"You've heard the Lady's explanation on House Bill 5655. Are there any questions? Seeing none, the question is, 'Should House Bill 5655 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? Coladipietro, Dunkin, Fortner. Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jim Durkin, on page 6 of the Calendar, you have House Bill 4116, on the Order of Second Reading. What's the status of that Bill, Mr. Clerk?"

"Leader Durkin on Floor Amendment #2."

"Do you want it to go away, Representative? Do you want it…" 09700120.doc 97  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Do you want to withdraw Floor Amendment #2?"

"Mr. Durkin wishes to withdraw Floor Amendment #2. The Amendment is withdrawn. Is there anything further, Mr. Clerk?"

Speaker Lyons: "Representative Durkin, how about Floor Amendment #3."

"The Representative 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 the Amendment is adopted. Anything further, Mr. Clerk?"

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

"Dur… Leader Durkin."

"Is there any discussion? Seeing none, all those in favor of the passage of House Bill 4116 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brady, in back. Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lisa Hernandez, on page 18 of the Calendar, on House Bills-Third Readings, you have House Bill 4531. 4531. Read the Bill, Mr. Clerk." 09700120.doc 99  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Lady from Cook, Representative Lisa Hernandez."

"Thank you, Speaker. House Bill 4531 makes some changes to the Illinois Identification Card Act. The Bill changes the Disabled Person Identifi Card… Identification Card to Illinois Person with a Disability Identification Card. It also removes the ability for the Secretary of State to issue ID cards without photographs, also alters the I… the definitions for certain types of disabilities, removes a disabled person from receiving the regular state ID card free since the Illinois Persons with a Disability Identification Card is provided for free. This is an initiative of the Secretary of State for the purposes of addressing a… in a more respectful manner people with disabilities. I ask for your 'aye' vote."

"You've heard the Lady's explanation. Seeing no discussion, all those in favor of the passage of House Bill 4531 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 du Buclet, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 93 Members voting 'yes', 16 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what's the status on House Bill 5182?"

"Representative Davis on Floor Amendment #1." Davis, M.: "Yes, Representa… I'm sorry, Mr. Speaker. Yes, Floor Amendment #1 was recommended do adopt it in committee yesterday. And it talks about the fact that if a person is a first time offender and has not committed a violent crime, that the judge could consider releasing them on their own recognizance. So, this already occurs, but we're codifying it. Thank you."

"You've heard the Lady's explanation on the Amendment. Representative? Okay. We'll adopt the Amendment. 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 Floor Amendment #1 is adopted. Anything further, Mr. Clerk?"

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

"Representative Monique Davis." Davis, M.: "Thank you, Speaker. This Amendment becomes the Bill. It's… It addresses the fact that if a first time offender who is employed is charged with a crime the judge can consider allowing them to be released on their own recognizance. The judge, of course, has that discretion. And it also asks that… Well, nonviolent crimes also include the burglary or sex offenses and so forth. So, I ask for a favorable vote." 09700120.doc 101  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

Speaker Lyons: "The Chair recognizes Representative Dennis Reboletti."

"Representative Jim Durkin."

"Seeing no further discussion, Representative Davis to close." Davis, M.: "Thank you… thank you, Mr. Speaker. I want to thank Representative Reboletti and also Matt Jones from the Prosecutor's Association and all of those from the Sheriff's Association, the president of the county board for their support of this legislation. And I have promised that we will continue to work with the Senate to include the line that they have to prove that they are employed. This is to keep people with nonviolent offenses from being kept in jail for a long period of time or a couple of weeks and then be released only to have lost their jobs. So, that's what this purpose… the purpose of this Bill is. And I ask for an 'aye' vote. Thank you, Mr. Speaker."

"The question is, 'Should House Bill 5182 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? Carli, 09700120.doc 103  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 D'Amico, Lang, May, Senger, Thapedi. Representative Thapedi. Mr. Clerk, take the record. 51 Members voting 'aye', 58 Members voting 'no'. Representative Davis." Davis, M.: "Postponed Consideration, please."

Speaker Lyons: "Mr. Clerk, put this Bill on the Order of Postponed Consideration on the request of the Sponsor. Representative Esther Golar, on page 15 of the Calendar, you have House Bill 5771, on the Order of Second Reading. 5771. Read the Bill, Mr. Clerk."

"Third Reading and read the Bill."

"Representative Golar, do you wish to leave that Bill on Third Reading or do you want me to take it back to Second? Representative Golar."

"Mr. Speaker, would you move it back to Second, please."

"Mr. Clerk, on the request of the Sponsor, move House Bill 5771 back to the Order of Second Reading. Representative Michelle Mussman, on page 5 of the Calendar, Michelle, you have House Bill 4083, on the Order of Second Reading. What's the status of that Bill, Mr. Clerk?"

"Representative Mussman on Floor Amendment #3."

"Floor Amendment number free… 3 is simply a technical change that's an agreed upon language between AT&T, Comcast and Yahoo."

Speaker Lyons: "The Lady moves for the adoption of Floor Amendment #3. All those in favor signify by voting 'yes'; those opposed vote '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 Michelle Mussman."

"Thank you, Mr. Speaker, Members of the House. House Bill 4083 creates the Internet Dating Safety Act. In recognition to the fact that 30 percent of Internet users utilize online dating services and that the Internet creates a unique environment where users have a false sense of security via the illusion of anonymity but are extremely vulnerable to disclosing personal information that could put them in a variety of dangerous situations. This Bill would require the Internet dating service providers to post a safety awareness notification to all Illinois users. It also provides that if a dating service provider does not perform a criminal background check on its users that information needs to be boldly and clearly disclosed with Illinois members. If a dating service does perform a background check, it needs to disclose under what 09700120.doc 105  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 parameters it prevents or allows potential users with a conviction history to participate. It also needs to provide a clear disclaimer that a background check is not a foolproof guarantee of protection. I'd like to clarify that there is no company is required to perform a background check in order to do business in our state. It is for the safety of our citizens we think it is vital for them to have important information to help them to be more of aware of dangers online and how to take steps to protect themselves. I'm happy to answer any questions. Thank you."

"Leader Mike Bost."

"Sponsor yields."

"The law's actually voluntary and you'll see that actually within the last couple of days the three largest providers actually are taking it upon themselves to do this voluntary in the State of California. There are numerous other states where this is being implemented."

"And think again, we're asking for voluntary compliance in deference to the customers that they serve. This is a very unique environment. These businesses are making a profit off their Illinois users and we're asking them in consideration, that use this, to simply be posting disclaimers."

"And I think that's what it comes down to. I think it's consumer protection and I think, as consumers see this kind of information on multiple sites that they're using, it's going to influence whether or not they choose to use that site or contact that site and ask them for that information."

"Perhaps. We… we obviously traveled a lot of ground to get to this point and I again think that this information has a little more teeth in it or a little more substance 09700120.doc 107  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 doing it this way than through a Resolution. So, I think this is an appropriate method."

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

"Representative Durkin."

"Sponsor yields."

"I'm a happily married woman."

"I think that we need to keep them safe."

"The Internet is a very unique situation." 09700120.doc 108  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"No. Actually, numerous states are examining this legislation. California is only the most recent. It actually already exists in New Jersey, New York and Texas."

"I honestly don't know. I assume that's within the purview of Match.com or eHarmony or however it chooses…"

"…to make those decisions for its own clients."

"Representative Costello."

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

"Sponsor yields." 09700120.doc 109  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"So, if I understand this, Representative, at the end of the day this is just a disclaimer, correct? This is about a disclaimer."

"It is absolutely just a disclaimer. And actually, the initial disclaimer is supposed to provide information that would help you become more savvy and take better steps to protect yourself. A lot of people underestimate how sophisticated some of these users are and how a lot of them are not just another nice guy looking to meet a nice girl. This is a predator looking for prey and they're going to look for somebody who's vulnerable and they're going to trick you into revealing information about yourself that they can use to their advantage."

"Thank you. A keyword, disclaimer."

"Thank you."

"Representative… Representative Reboletti."

"Sponsor yields."

"Again, that's part of the disclaimer. Is that they have to explain all the ways that you can still slip past, that any sort of background check is never at any time a foolproof method and it gives them advice about how to be more careful about not putting out public information that will get themselves in trouble. Absolutely, you are right. We are not going to catch every single person and one of the reasons we're doing this is because we know people do lie on the Internet. But true.com says that they feel they weed out at least 5 percent of their users using these background checks and that's millions upon millions of users. It is an attempt to keep people safer."

"Not being able to catch everybody is not a reason to not take any step forward."

"If you read through the details of the Bill, it has to be prominently displayed in certain colors in certain font sizes through a click through process that they will see as they progress through the website."

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

"I just wanted to say… Thank you, Speaker… that it's not… it's not going to be as all encompassing as a law enforcement agent could do, so I think people may, again, I said have a false sense of security. So, I appreciate what you're trying to accomplish, but I cannot support your legislation. Thank you."

"Representative Lang in the Chair. Representative Mussman to close."

"I would just like to point out, again, the business does not actually have to do a background check in order to do business in our state. They simply have to state whether 09700120.doc 112  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 they do or they don't and give our customers more information about how to protect themselves from particular vulnerabilities that they had exposed themselves to on the Internet. I certainly appreciate the concerns, but I think this is an important step to keeping our residents safer with the changes of technology. And I would appreciate your support."

"The Lady moves 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? Please record yourselves, Members. Mr. Brauer, Mr. Schmitz. Please take the record. On this question, there are 83 voting 'yes', 26 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Williams."

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

"Please state your point."

"Today, I introduced a Resolution designating March 29 as the Cambodian Day of Remembrance to acknowledge and remember one of the most horrific events in human history. Many of us learned about the atrocities which occurred during the Cambodian genocide in the 1984 movie 'The Killing Fields'. From 1975 to 1979, the Khmer Rouge systemically attempted to destroy Cambodian society subjecting the people to unfathomable violence and brutality. Millions of people were executed, tortured, starved or worked to death and many bear the deep scars from these crimes against humanity. I recently visited the 09700120.doc 113  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Cambodian-American Heritage Museum and Killing Fields Memorial, which is in my district. I toured the museum and met many survivors and my visit haunted me for days. I was struck by the unfathomable disregard for human life and the shocking brutality of those years, but I was so moved by the survivors that I met that day and the willingness of these refugees to share their stories of survival yet go on with their daily life and find hope in the future. Often these events seem so far away, but I would guess if you spend any time in the area of Lawrence and California Avenues in Chicago, you will run into someone that survived the killing fields. I hope you will consider coming to the 11th District to visit the Museum and Memorial someday, not only to learn more about this terrible time in our history, but also to experience a bit about the rich culture and history of the Cambodian people who I found to be generous, kind, and peaceful. Today I ask you to join the Cambodian- American community on this Day of Remembrance. And I request a moment of silence to honor the memory of the millions lost and pay tribute to those who survived. Thank you."

"Representative Lyons back in the Chair. We've had a request for a moment of silence for Ann's request on the Cambodians. Thank you, Ladies and Gentlemen. Back to the Calendar. On page 10 of the Calendar, Representative Lang, you have House Bill 5019. What's the status on that Bill, Mr. Clerk?"

"Leader Lou Lang on Floor Amendment #1."

"Thank you, Mr. Speaker. The Floor Amendment removes all opposition and I would move adoption of the Amendment."

"The Gentleman 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?"

"Third Reading and read the Bill."

"Leader Lang."

"Thank you, Mr… Mr. Speaker, Ladies and Gentlemen. This deals with the issue of monitors in nursing homes and requires that the appropriate state agencies share information with the nursing homes so that they can actually clean up their act. I know of no opposition to the Bill. I would ask your support."

"Representative Reboletti."

"Sponsor yields."

"I… no. The monitors are not in all nursing homes. The Nursing Home Care Act provides for the placement of monitors to advise the administration on bringing the facility into compliance with state regulations. I guess, the… DPH makes the determination, I believe, as to when a monitor is necessary."

"I believe they are not subject to FOIA. And so, at the beginning the department wasn't really so hot on this Bill, but with the Amendment, it's taken away their opposition. But I do want to read something for legislative intent."

"And thank you for the opportunity. Although the Bill requires a monitor reports be submitted to DPH on the first day of each month and the department wishes to require a monitor to file reports more frequently, this legislation is not intended to preclude that. That wasn't your question, but I decided I would read that at that moment, Mr. Reboletti."

"Thank you, Sir."

Speaker Lyons: "No one seeking further recognition, Representative Lang to close." 09700120.doc 116  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Please vote 'aye'."

"The question is, 'Should House Bill 5019 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 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Lang in the Chair."

"They're not saying 'boo'; they're saying 'Lou'. House Bill 5179, Representative Mell. Please read the… Out of the record. House Bill 3945, Representative Nekritz. Please read the Bill."

"Out of the record, Mr. Clerk, sorry. House Bill 5146, Mr. Sacia. One moment. We'll come back to you, Mr. Sacia. House Bill 4819, Mr. Sullivan. Please read the Bill."

"Mr. Sullivan."

Speaker Lang: "Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk." 09700120.doc 117  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Third Reading. Please read the Bill."

"Mr. Sullivan."

"Those in favor of the Bill say… 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, 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5495, Representative Nekritz. Please read the Bill."

"Third Reading. Please read the Bill."

"Representative Nekritz."

"Thank you, Mr. Speaker. House Bill 5495 would apply to government sponsored defined contribution plan such as 403(b) and 457(b) plans for counties, municipalities and townships and school districts. It requires the unit of local government, the employer in this case, to conform to the prudent investor rule. Currently, many of these employers make the decision to allow any vendor to come in 09700120.doc 118  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 and offer their services to manage these plans on behalf of employees. It is up to the employee to select a plan and in many cases, because the plans offered by these vendors don't comply with the prudent investor rule, the fees and other charges are higher and sometimes significantly higher and therefore, the return to the employee is not maximized. The consequence of this Bill is to require the employer to go out and find a single vendor that would manage the defined contribution plan for all their employees. They can do this by going through their own procurement, joining an existing plan that already meets this standard of join… of the prudent investor rule or joining with other units of government to build their own plan. There is no cost to the state or the unit of local government to comply with the prudent investor rule. Nongovernmental defined contribution plans already comply and must comply with the prudent investor rule and the state also complies with the prudent investor rule in operating its deferred compensation plans. I'd ask for your support."

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

"Please state your inquiry, Sir."

Speaker Lang: "We will get an answer for you, Sir. Any additional inquiry at this time?"

"Thank you. Representative Nekritz, do you have a comment on that while we await the parliamentarian?"

"I can't imagine how it overrides Home Rule, but…"

Speaker Lang: "We will be at ease waiting for the parliamentarian to answer your question, Sir. Mr. Reboletti, are you aware that there's a Home Rule impact note where DCEO has said that it does not impact Home Rule? Is that sufficient for you?"

Speaker Lang: "Not yet. I just thought I'd ask you the question."

"We will be at ease waiting for the ruling."

"Mr. Reboletti, the parliamentarian has advised me that while there is language regarding Home Rule in the Bill, it does not preempt Home Rule and it is a 60-vote Bill."

"Thank you. Mr. Pritchard."

"Lady yields."

"Yes, Representative. There's a number of units of local government and I think the most common example I could give you is school districts who don't act as the fiduciary on behalf of their… their employees and they simply allow any vendor to come in. And so, the employees then have to select between the vendors and they're really, I think, ill-equipped to do that. And the fees are, again, higher in that instance because there's no negotiation and there's no af… there's no ability of the individual employee to be able to get the best rate."

"Well, I would say it's actually enhancing competition because you… they could go through a competitive bid process to actually get the best deal on behalf of the employee. So, I think it enhances competition rather than decreasing it."

"Well, it's a little puzzling to me that the life insurance folks would be… would be speaking to this, but I suppose it could be."

"Again, Representative, I don't think… well, again, the State of Illinois does this on behalf of its employees and private employers are required to do this by Federal Law on behalf of their employees. So, I think that we're actually doing a disservice to our teachers and other employees of local government by not allowing the competition at the… with someone who actually has some extra teeth and is able to compare bids and not allowing the competition at that level and rather just opening it all up and saying it's, you know, it's a free for all and you do what you want. But you have no mechanism to… to judge it and to get the best deal for yourself."

"Representative Mulligan."

"Lady yields."

"They self-fund their deferred compensation plan?"

"Representative, these are… these are deferred compensation fund plans, so I don't believe that they… that they take employee… employer contributions. These are 09700120.doc 122  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 simply employee contributions that are being managed by this… through these system."

"I'm sorry. I didn't hear you, Representative."

"Well, Representative, I'm not sure I understand your question, but as I really understand what happens now, you know, the school district will have a day when like the 30 vendors that are interested in helping teachers invest these funds come in and the teachers have to talk to them all and figure out what's the best one rather than having the district competitively bid it, figure out which is the best one, you know, which has the lowest rates and then presenting that to their employees."

"The vendor offers a number of different levels of investment risk and you might even have a, you know, someone… they want to do an environmental, you know, an environmentally focused investment plan. Those kinds of options are generally available through the vendors…"

"…through a single… through a single vendor."

"They would go as one plan for the whole district."

"Representative Nekritz to close."

"We'd just like to speak to the question asked by the last speaker. Even though it's one… even though it's one vendor that vendor offers a variety of different investment vehicles that the employee could choose. You know, again, this is something that's… that private employers do. They're required to do it. The State of Illinois does it. And I think it is best for the employees in this state, especially at a time when we are looking at impacting pension benefits, these deferred compensation plans are going to become even more important and more significant for the… for the retirement future of our employees and we need to make sure that they're maximizing their return. I ask for your support."

"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 Acevedo. Please… please take the record. On this question, there are 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Monique Davis." 09700120.doc 124  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Davis, M.: "Thank you, Mr. Speaker. I rise for a point of personal privilege."

"Please state your point." Davis, M.: "Thank you. I'd ask the Body to please join me in welcoming Tony Churchill and other faculty, seventh-grade students at Morgan Park Academy. And among those students is Katie Treskow, the granddaughter of our great Majority Leader, Barbara Flynn Currie. Give them a warm welcome."

"Welcome to Springfield. Thank you for being here. Barbara, keep pointing. We'll figure out who the right one is. Representative Acevedo."

"Thank you, Mr. Speaker. I rise in…"

Speaker Lang: "Excuse me, excuse me, Mr. Acevedo. Representative Davis is not finished with her introduction." Davis, M.: "Take just a moment. I wanted to ask Majority Leader Barbara Flynn Currie to just say hello because her granddaughter is in that class."

"Leader Currie."

"Thank you, Speaker and Members of the House, for your indulgence. I wish those wonderful seventh graders would stand up, so we can get a good look…"

"Why don't you stand up for us."

"…at the kids at Morgan Park Academy. Come on, guys, stand up."

"Mr. Acevedo."

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

"Please proceed." 09700120.doc 125  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"On the last vote that we had, House Resolution 706, I was voted as recorded as a 'yes'. I'd like to be recorded as a 'no'."

"The record will reflect your intentions. House Bill 5749, Mr. Mautino. Please read the Bill."

"Mr. Mautino."

"Thank you. This is an initiative of the State's Attorneys Appellate Prosecutors. And the… this would allow these Appellate Prosecutors to get assistance basically have investi… have investigators or a contract for them for hearings and post-conviction proceedings. I know of no…"

"Mr. Durkin."

"Gentleman yields."

"Yeah. The current law says zero on this and basically it would be in these… in other matters they can go ahead and get assistance. On these two items, they can't."

"No."

"It's not specified. I don't believe so, though." 09700120.doc 126  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"They wouldn't be changing any of their positions. They would just be contracting with an investigator, so whatever powers they currently had under their licensing."

"My understanding is no."

"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 Will Davis. Please take the record. On this question, there 107 voting 'yes', 1 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5616, Mr. Mautino. Please read the Bill."

"Mr. Mautino."

"Thank you. House Bill 5616…"

"Well, excuse me, Mr. Mautino. Mr. Clerk, Third Reading. Please read the Bill."

"Mr. Mautino." 09700120.doc 127  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Thank you. This impacts the Will-Kankakee Regional Development Authority Act. And it increases the bond issuance indebtedness level for that authority from a hundred million to 250 million to fund economic development projects. It ends the state's moral obligation on all future authority issued bonds. So, basically, we're just… as we have done with all of the rest of the authorities throughout the state withdrawn the moral… the moral ob status of them. And be happy to answer any questions."

"Gentleman moves 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? Have all voted who wish? Please record yourself, Members. Mr. Bost, Brauer, Moffitt. Please take the record. On this question, there are 62 voting 'yes', 47 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Continuing on the Order of Mautino, House Bill 4963. Please read the Bill."

"Leader Mautino."

"Thank you. This is a cleanup Bill. Last year we passed the Collateral Recovery and Rental Company Act and that basically for the first time licensed people who are in the recovery business. In doing so, we had inadvertently impacted the manufacturers and distributors. This came to us through Caterpillar and John Deere and asked that we clarify that in retrieving their own equipment from their 09700120.doc 128  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 own distributors they don't have to hire a repo company is what it does."

"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? Representative Nekritz. Please take the record. On this question, there are 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4761, Mr. Sullivan. Please read the Bill."

"Mr. Sullivan."

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." 09700120.doc 129  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Mr. Sullivan."

"Mr. Zalewski. The Gentleman does not wish to speak. Mr. Bost."

"Gentleman yields."

"Mr. Sullivan to close."

"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? Members, please record yourselves. Have all voted who wish? Barickman, 09700120.doc 132  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Brauer, Dugan, Hammond, Osmond, Saviano. Please record yourselves. Mr. Brauer, Mr. Saviano. Please take the record. On this question, there are 108 voting 'yes' and 1 voting 'present'. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 5479, Mr. Phelps. Out of the record. House Bill 4333, Representative Soto. Please read the Bill."

"Representative Soto."

"I'd like to leave it in Second Reading. Leave it on Second."

"You want to adopt the Amendment first?"

"Yes, I'd like to adopt the Amendment."

"All right. Please proceed."

"I urge 'aye' vote. Okay. Amendment amends the State Housing Act, makes it a technical change in the section concerning short titles."

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

"This Bill shall be held on the Order of Second Reading at the request of the Sponsor. House Bill 5134, Mr. Unes. Please read the Bill."

"Mr. Unes."

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. Unes."

"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? Have all voted who wish? Representative Jones. Please take the record. On this question, there are 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. DeLuca." 09700120.doc 134  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

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

"Please state your point, Sir."

"Thank you, Mr. Speaker. In the gallery on this side, Ladies and Gentlemen, please give a warm Springfield welcome. There's 86 students from Governors State University who are down here visiting Springfield."

"Welcome to Springfield. We're happy to have you here. House Bill 4110, Mr. Verschoore. Please read the Bill."

"Mr. Verschoore."

"Thank you. On House Amendment #2, all that amounts to is a little cleanup. It allows for any building on the property of the Airport Authority to be exempt from taxes also. I would ask for concurrence."

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. Verschoore." 09700120.doc 135  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Thank you, Mr. Speaker, Ladies and Gentlemen. What this… this was brought to me by a local entity from the Chamber of Commerce and what it amounts to is there's a free based operation there by the name of Elliot Flying Service. They lease from the Airport Authority now. And what they do on there is they refurbish jets or any type of aircraft. They may also supply fuel for those old… aircraft… tie down aircraft that fly in. They have very limited service there. They basically are in the… the business of refurbishing airport… airplanes from all over the world. The Chamber put together a little study on what this impact would have for us in our area… in my area. It's a potential of $100 million economic impact assuming the new construction project of 40 million. It would create 367 direct jobs. It would have a direct payroll of 25 million. The average wages for these workers are $66 thousand. The total value of the impact between 80 and a hundred million; the payroll is 35 billion-plus; sales tax, a million and a half dollars; personal income tax, a million six. And the reason I'm bringing this to the… the Body is because in Iowa and Nebraska and Missouri they allow these free based operators to be exempt from these taxes. So, with that, I would be glad to answer any questions."

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

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

"Gentleman yields."

"Representative, I heard most of what you were saying. My question is, right now, is there a private company 09700120.doc 136  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 providing aeronautical services as a fixed based operator at the Airport Authority in question?"

"That is this air… that is this business, Elliot Flying Service."

"And they're already there and they're already established?"

"Exactly."

"Okay. So, what this Bill seeks to do is to give a company that's already there a tax break in the sense of not having to pay property taxes."

"Right."

"Okay. Now, for instance those fixed based operators that operate in other airports such as O'Hare or Midway or Pelwaukie, I presume they're paying property taxes on their lease."

"I can't answer that. I don't know what they do there."

"I think… I wish the Majority Leader was on the floor because I think it's just yesterday or the day before we had a Bill that indicated that if it was a not-for-profit… I'm sorry… a governmental entity leasing to another governmental entity then they would not have to pay property taxes."

"Right."

"But this would take this much… a much step further. This would be saying that a governmental entity would be able to lease to a for-profit private company and to give a tax exemption to that company, correct?"

"That's correct." 09700120.doc 137  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Okay. Thank you. I'd like to speak to the Bill and I appreciate what the Gentleman's trying to do because certainly giving economic incentives to businesses is what this state ought to be doing more of, but it ought to be done on a level playing field. I don't think this is the best way to go forward and do it because I think this is quite a precedent that we would be setting. We had a conversation a few days ago that would allow the extension for a governmental entity to give its tax exemption to another governmental entity that would be leasing. This, I believe, would be unprecedented to be able to do this and it's an exemption for one but what it would mean is the EAV would still be the same for the rest of the people in that district meaning that everyone else's property tax would increase. I don't think that's the best way that we should be looking at businesses to give one business that's already established that's already making that investment and increasing everyone else's taxes. I understand what the Gentleman's trying to do, but unfortunately, I rise in opposition and ask you to do the same."

"Mr. Sullivan."

"Gentleman yields."

"As far as I know, but as you well know, the Tax Federations are in opposition to any kind of a tax freeze."

"Not necessarily. What they… they've entered into an agreement with the county that they are going to pay some taxes toward the county, so it's not totally tax- exempt."

"Mr. Morthland."

"Sponsor yields."

"Exactly. Like I said before, it would create 367- plus jobs. The direct payroll would be $25 million; the average salary for these jobs is 66 thousand. There's going to be a capital investment of new construction of between 25 and 40 million. The total impact on the area would be between 85 and a hundred million. The total jobs it would create is from outside sources would be around 600 jobs. It would create a million and a half dollars of sales tax. It 09700120.doc 139  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 would create a million and a… .6 million dollars of income tax. And the reason I'm doing this is because they have a… another facility in Des Moines, Iowa, that they can move this to. They could do it there or they have a facility in Nebraska that they could do this project…"

"…and they have this; they have that break."

"Right, right."

"Mr. Moffitt."

"Gentleman yields."

"These are additional jobs, yes." 09700120.doc 140  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"That would stay in Illinois, to stay in Illinois."

"They're there now."

"Right, be additional jobs."

"The business is already here."

"That's… that's exactly right, Representative."

"Pardon me?"

"No, no." 09700120.doc 141  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Thank you."

"Mr. Verschoore to close."

"Well, we're always in this Body talking about trading jobs or bringing jobs into Illinois. Here's… here's a company that's already here that employs a lot of people. They pay good benefits. They pay… an average salary is $66 thousand. They pay pensions. And why would we want to drive them to Iowa and/or Nebraska. I just think that this is a great opportunity for us and with a minimal effect. And I would ask for an 'aye' vote. Thank you very much."

"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. Have all voted who wish? Representative du Buclet, Jakobsson, Pihos, Reboletti. Please take the record. On this question, there are 77 voting 'yes', 31 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5441, Representative Yarbrough. Please read the Bill."

"Representative Yarbrough."

"Thank you, Mr. Speaker. House Bill 5441 is a cleanup Bill of the State Appellate Defender Act. It makes changes to the Act making it consistent with the Public Act 09700120.doc 142  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 eliminating capital punishment system in 2011. The changes including eliminating functions related to death penalty prosecution that no longer exist and amend the Act in order to clarify the role of the office of State Appellate Defender that takes in training and assistance. I'd be happy to answer any questions."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Pritchard, Mr. Sacia. Please take the record. On this question, there are 77 voting 'yes', 32 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Hatcher."

"Please state your point."

Speaker Lang: "Welcome to Springfield. House Bill 4862, Representative Unes. Please read the Bill."

"Mr. Unes." 09700120.doc 143  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

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

"Third Reading. Please read the Bill."

"Mr. Unes."

"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? Have all voted who wish? Mr. Costello. Please take the record. On this question, there are 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4809, Mr. Watson. Mr. Watson. Out of the record. Mr. Mautino in the Chair." 09700120.doc 144  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

Speaker Mautino: "Back by popular demand, Mr. Lang in the Chair."

Speaker Lang: "The masher nation's up here, Ladies and Gentlemen. House Bill 4666, Representative Kelly Burke. Representative Kelly Burke, no running in the House chamber. Please read the Bill."

"Third Reading. Please read the Bill."

"Representative Burke." Burke, K.: "Thank you, Mr. Speaker. In March 2010, the General Assembly passed a pension reform Bill creating the Tier II pension benefits for new hires. Among other changes, the cost of living provisions were reduced for most of the systems to 3 percent or one-half of the consumer price index noncompounded. However, COLA provisions for Judges Retirement System and the General Assembly Retirement System participants were more generous, namely 3 percent or the… or the entire amount of the CPI and the COLA was also compounded. In the 2010 legislation, for most of the retirement system, the final highest salary for calculating a pension was limited to roughly $106 thousand to be increased each year at either 3 percent or one-half of the CPI. However, participants in the General Assembly Retirement System or the Judges Retirement System have 09700120.doc 145  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 their final highest salary limit increase each year by either 3 percent or the entire CPI. This legislation would reduce both the COLA and the increase on the highest average… the highest final salary and it would put future participants in the Judges Retirement System and the General Assembly Retirement System on the same footing as the rest of the pension systems in regard to those calculations. The Bill is very similar to the Bill we passed last year, House Bill 1447. I'm happy to answer any questions. And I ask for an 'aye' vote."

"The Lady's moved for the passage of the Bill. The Chair recognizes Mr. Bost."

"Sponsor yields."

"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 record yourselves, Members. Representative du Buclet, Feigenholtz, Mell, Nekritz, Pritchard, Sacia. Please take the record. On this question, there are 107 voting 'yes' and 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4673, Representative Carli. Please read the Bill."

"Representative Carli."

"Thank you, Mr. Speaker. This Amendment would restrict an officer from receiving an FOID Card if he or she was involuntary admitted into a mental institution."

Speaker Lang: "The Lady moves for the adoption of the Amendment. The Chair recognizes Mr. Bost. Third Reading? You want to wait for Third Reading, Mr. Bost? Those in favor of the Amendment shall vote '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." 09700120.doc 147  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Representative Carli."

"Thank you, Mr. Speaker and Members of the chamber. This Bill will allow a law enforcement officer to maintain a valid FOID Card if he voluntarily checks into a mental institution to seek treatment for anything. There's no opposition on this. And I request an 'aye' vote."

"Mr. Bost."

"Lady yields."

"Yes. This Bill, as long as you're in there for less than 30 days within a five-year period, your FOID Card will stay valid. And I strongly agree with this due to the fact that what we see… If I can give you a personal example. I was working the wagon… I don't know if you guys know what that is, but it's the paddy wagon… and one night I had to pick up over three dead bodies. And I did it, my job. I went out there, I picked them up, gunshot wound to the head, all the above. Pick them up, take them to the morgue. It didn't bother me the day of. A couple days later I felt I was struggling with this. I couldn't get it out of my mind. Thank God I have a law enforcement background and law 09700120.doc 148  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 enforcement family who helped me get through this. A lot of officers don't have that. This is not something you talk about over Sunday dinner with your family. So, I want officers to know they can seek treatment and be okay and have their job and be able to go back to work. It's okay to ask for help. Again, I asked my family; they got me through it, not everybody has that. So, I really, strongly urge an 'aye' vote."

"Mr. Franks."

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

"Lady yields."

"Representative, thank you for sharing that… the rationale, shock… and thanks. I'm right over here…"

"Oh, sorry."

"…Dena. I understand what you're trying to do and I think you make perfect sense. I mean, I'm wondering why we're just doing it for law enforcement because we have folks that are coming back from Afghanistan and people have come back from Iraq, as well and I think, and I understand the rationale, I think it should be probably extended to them as well and I'm not sure what your thoughts are. And perhaps that's something that we could look at in the Senate."

"Basically, I… this was brought to me from Fraternal Order of Police and it's basically so these officers can return to work. They need this FOID Card…"

"Okay." 09700120.doc 149  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"…in order to work. We are the only agency that mandates that, so basically they have no livelihood without this."

"Okay. Then I see why. Thank you."

"You're welcome."

"Representative Cassidy."

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

"Lady yields."

"Representative, is there anything in your Bill that requires that the officer, upon completion of treatment, be given a clean bill of health, be certified as having the stability necessary to carry a weapon. I totally understand what you're trying to accomplish here and I fully support the idea of officers having the ability to seek treatment when they need it. What I'd like to know is if there is anything giving us some security and knowledge that they have worked through their issue and gotten a clean bill of health."

"Yes. Their primary physician as well as the department needs to clear them for duty."

"But… but not the facility that they were checked into? I mean, if they were… if he left with… if an officer left against medical advice, if he checks himself out without completing treatment. Will…"

"Not the facility itself, but their own physician and again, the department needs to clarify them that they're fit for duty."

"But not a mental health professional?"

"No." 09700120.doc 150  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"I have concerns about that. I think this might be overbroad. I think that it's great to encourage… and I completely, fully support that officers should have that freedom and that security of knowing that they're not going to risk their livelihood by seeking treatment and I think the stigma we place on mental health treatment is unfortunate and huge and in particular with regard to law enforcement officers, but I believe that it should go that next step further to ensure that if you have a situation that requires treatment that a mental health professional that has given you the treatment would certify that you are… that you are safe to carry a weapon."

"The facility doctor would have to give recommendations upon release of that officer. So, if they see that they're not fit to return to work, their documentation will show that."

"But there's nothing in the Bill that would require a mental health professional to clear him or her?"

"A mental health physician does clear them. Their doctor and the doctors from the medical section, our department, those…"

"Not primary care. I thought you were saying his medical doctor, his primary care physician."

"Primary care and the department doctor needs to clear them fit for duty."

"But they're both medical doctors, not mental health doctor… not psychiatrists or mental health professionals."

"I don't know their…"

"I'm sorry." 09700120.doc 151  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"I mean, they are doctors. I don't know what their specialization is, but their both doctors. I don't know… They might have mental health underneath them. I don't know their… their credentials."

"I would be more comfortable with legislation like this if it were clear that the mental health provider that they sought treatment from was the one providing clearance in some way."

"They can give the recommendation, but because this is voluntary that's all then can do is the recommendation. After that, the department needs to clear them. Representative, in all due respect, the goal of this Bill is to urge them to seek treatment and not discourage it. They voluntarily check themselves in. So, they cannot go back to work until they are cleared by two physicians at least. And they get the recommendation of the mental health physician when they leave the facility."

"I… I… As I said, I fully respect and support the premise of the Bill. I believe that it leaves a door open. The reason for the mental health issue on the FOID Card is about that stability and I don't want to do anything that would discourage officers from seeking treatment, but I think that if we're going to address it we need to address it completely. Without that clarity, I can't support the Bill."

"Okay. I'll take that into consideration."

"Thank you."

"Mr. Durkin."

"He yields."

"No, there's nothing in the Bill specifying what is a 'mental institution'."

"Thank you."

"Representative Carli to close."

"In closing, again, this Bill is primarily to help with officers who feel they need some assistance to get through some traumatic event that they have witnessed, observed or been a part of in general. These officers need somewhere to turn and I think we need to be strong for them. They're out 09700120.doc 153  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 there every day for us. So, I urge an 'aye' vote on this. 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? Please record yourselves, Members. Hatcher, Lilly, Mayfield. Representative Hatcher. Please take the record. On this question, there are 102 voting 'yes', 5 voting 'no', and 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Acevedo."

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

"Please state your point, Sir."

"I'd like the House to welcome a grade school from my district. It's my alma mater, the grade school I used to go to, my sons all went to and my family all went to and that's St. Anne's Grade School, the seventh and eighth graders up here. Please, welcome to Springfield."

Speaker Lang: "Welcome to Springfield. Enjoy your day. Representative Dugan."

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

"Please state your point."

"Yes. I just wanted… if you could give a warm welcome to Jennifer Goudreau, one of my constituents who's also here with GSU. Her mother and father are good friends and also, her father, of course, is the President of the Local AFFI in Bradley. So, Jennifer Goudreau, right behind me here. Thank you very much." 09700120.doc 154  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Welcome to Springfield. Next Bill is House Bill 4513, Representative Nekritz. Mr. Clerk, please read the Bill."

"Representative Nekritz."

"Thank you, Mr. Speaker. House Bill 4513 is a solution proposed by the Metropolitan Water Reclamation District for their pension problems. Over the last decade, the funded ratio of the… of their particular pension system has fallen… has declined over 30 percent and it currently stands at less than 60 percent funded. And I, for one, am very grateful that they have made a very conscious effort to try to address that problem in a comprehensive way but in a solution that is tailored to their needs and to their particular financial situation. What they have come up with is an increase in the employee contribution that will, over the course of three years, increase the employee contribution by 3 percent and they are also going to be dramatically increasing the employer contribution. Right now, in statute it is set at 2.19 times the employees' contribution. This will actually put them on a wh… an actuarially appropriate funding schedule where they will pay the actuarially required contribution, the arc, unless that contribution in any particular year exceeds 4.19 times the employees' contribution in which case it would be 09700120.doc 155  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 capped. This will put them at fully funded by 2050. Oh, I'm sorry. Okay. I'm sorry. I forgot we were doing the Amendment. So, we just need to adopt the Amendment. The Amendment actually just rolls back the employer… employee contribution at such time as the ra… funding ratio achieves 90 percent."

"So, there's one light on. Representative Senger. Does Representative Senger… do you mind if we just adopt the Amendment and debate this on Third? 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 Nekritz…"

"What I said ear…"

"…who has already explained the Bill."

"What I said earlier."

"Representative Senger on the Bill."

"Mr. Sacia."

"Mr. Winters."

"Lady yields."

"I believe one of the other Legislators in the room testified he thought there were about 15 other unions, but I think that they were either neutral or supportive."

"Speaker Madigan on the Bill."

"Mr. Speaker, I rise in support of the Bill. This Bill is an initiative of the pension system at the Water Reclamation District in Cook County. We're all, now, very familiar with the question of public pensions because we're consistently told that we have underfunded the state pension systems. In Illinois, there are between 10 and 15 pension systems. They're all different. We have the state systems supported by the State of Illinois. We have systems like TRS, SURS where the employer at SURS pays nothing and the state pays the employer's share. We have TRS where TRS pays .054 percent of the employer's share, the state picks up the rest. We have other systems where employers pay what they're supposed to pay and this is one of those systems. So, with the Water Reclamation District in Cook County, employees pay in, the employer pays in. The funding ratio has gone down because of the change in the market and their system board of directors has developed a proposed solution to their problem. They brought it here. It's very simple. It simply says that the employees will pay in an extra 3 percent, 1 percent a year over three years, and then the employer will pay in on an arc. And that there will be an appropriate funding level down the road in the future. So, it's a situation where both sides have said there's a 09700120.doc 158  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 problem; we want to solve the problem. Then we're both going to pay in more than we pay in today and what we both get out of it is good sound fiscal status for our pension system. I, personally, have spoken with the labor unions that represents people at the Water Reclamation District. There are 15 labor unions that represent employees of the Water Reclamation District. I've spoken personally with every one of them; 14 of the 15 either support the Bill, they want the Bill or they're okay with the Bill. There's one that would be in opposition to the Bill. The stated reason for the opposition would be they think that more money should go into the system that is being proposed by the Bill. So, I think that this is how we should move forward on pensions. As I said, there are between 10 and 15 systems in the state; they're all different. They all have different problems. This is a case where one of the systems has come to us and said, okay, we acknowledge, we have a problem and we, the people that are concerned and involved with the system, have the solution. It's contained in this Bill. I would recommend an 'aye' vote."

"Representative Nekritz to close."

"What he said. Vote 'aye'."

"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 Franks, Lilly, and Williams. Please record yourselves. Representative Williams. Representative Williams. Please take the record. On this question, there are 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is 09700120.doc 159  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 hereby declared passed. House Bill 5761, Mr. Mathias. Please read the Bill."

Speaker Lang: "Third Reading. Please read the Bill. The Gentleman wishes to hold the Bill on the Order of Second Reading. I apologize. That's what happens when too many people are speaking. Clerk, put the Bill on the Order of Third Reading and we'll hold it there. House Bill 5480, Representative Roth. Please read the Bill."

"Third Reading. Please read the Bill."

"Representative Roth."

"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? Representative Pihos. Please take the record, Mr. Clerk. On this question, there are 108 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4642, Representative Senger. Please read the Bill."

"Representative Senger."

"Lady moves to adopt Amendment 4. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Representative Senger."

"Lady moves 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? Please take the record. On this question, there are 109 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3782, Mr. Ford. Please read the Bill."

"Mr. Ford."

"Thank you, Mr… thank you, Mr. Speaker. I move to adopt Floor Amendment #2. Floor Amendment #2…"

Speaker Lang: "Those in favor 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."

"Now, Mr. Ford."

"Thank you, Mr. Speaker. I look to move House Bill 3782 to passage. And if there are any questions, I'll take those at this time."

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

"Gentleman yields."

"Yes. It was just adopted."

"Yes."

"Okay."

"Mr. Fortner."

"Representative Joe Lyons in the Chair. The Chair recognizes Representative Zalewski."

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

"Sponsor yields."

"So, Representative, how many times would you estimate… if you know this, and if you don't I understand… has there been instances where employers have asked for this information, for a password? Is it… is it mostly in instances of executive positions or entry-level positions or positions at certain types of companies?"

"No. I wouldn't say that… I don't know how many times, but I know I've been written by constituents about the problem a few times."

"And in those instances, when they were asked, did they refuse to give the password?"

"They were afraid to deal with the situation, yes."

"And at that time were they told they wouldn't be eligible for the employment?"

"They just feel that they didn't get the job because they did not provide the information." 09700120.doc 165  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Okay. To the Bill. I commend the Gentleman on his Bill. This is the next generation of what we, the Body, are going to be dealing with when it comes to social media sites and information technology and what we decide to put on public domain versus what we decide to keep private. And I think that the Gentleman's worked hard on the Bill to ensure that there's a balance while at the same time ensuring privacy rights. I think this is a good Bill. And I urge an 'aye' vote."

"Leader Jim Durkin."

"It would be… it could be under a civil penalty…"

"…as we talked earlier. It's… it's protected under right to privacy in the Workplace Act and there could be civil penalties involved not criminal."

"You could go to court and you could take that up with the court. It would be up to the judge to decide the amount of… that the suit could be rewarding."

"There would be no…" 09700120.doc 166  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"I mean, I can answer that. I mean, that's why you go before the judge…"

"…to demand a request. You're not going to go in with a automatic agreement."

"It's a violation under the right to privacy in the Workplace Act."

"A petty offense is what counsel is saying."

"Right."

"They can still seek a civil penalty, yes."

"Okay. You have…" 09700120.doc 167  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"There's… there's both. There's a three-step process in the process."

"Give you another minute, Jim. Go ahead."

"Representative Dwight Kay."

"Sponsor yields."

"We did what we were supposed to do to get this Bill on Third Reading."

"We did what we were supposed to do to get this Bill on Third Reading."

"Yes." 09700120.doc 168  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Which Amendment are you talking about?"

"No, we never said we were going to take this back to Labor Committee. We spoke about the First Amendment that we were going to take it back to the Labor Committee. I spoke with the chair of the committee and I spoke with the Republican spokesperson to make sure that we could bring the first Amendment to the floor."

"Repeat… re…"

"This Amendment that we're… that we just adopted on the floor was brought then… pulled the Bill out of committee because, I believe, one of the Gentleman from this side asked me to pull it to work on an Amendment I did to it. I did not agree to bring this Amendment back to the floor or… I'm sorry, back to committee to be adopted."

"Why don't you look at the status and tell me which Amendment was I supposed to bring back to Labor Committee and then I'll have an answer for you." 09700120.doc 169  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"I think that you… if you could just answer the question, I will give you a direct answer."

"Which Amendment did I…"

"…promise to bring back…"

"…to Labor Committee."

"#2, I did not say that I'll bring it back because it was my… I pulled the Bill off… out of the record myself because there was some disagreements with the Bill. So, I pulled the Bill."

"And I worked on it."

"The First Amendment. I spoke to both sides of the aisle and I got approval from both sides of the aisle to not take it back and to adopt the Amendment here."

"But, you know, you had time when I called it last time to talk about that. Now, we've worked on it with your side of the aisle; we worked on it with this side."

"So, now, we're on the Second Amendment and you're talking about the first."

"Talk to your side. I mean, I don't want to say names right now. What's important right now is the Second Amendment, I mean, that we have adopted and let's… if you have questions about this Bill, we can talk about it."

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

"Representative Ford to close."

"Thank you very much. On Friday, Erin Egan, the Facebook Chief Privacy Officer on policy, stated that she supports this Bill and she supports Bills like this because she 09700120.doc 171  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 believes that it is potentially exposes employers and… to legal liabilities. So, with that, I move to pass House Bill 3782 and I apologize for any misunderstandings that the other side may have about the Amendments that they believe should have been taken back to committee. Thank you very much, Mr. Speaker and Members of the House."

"Representative Ford moves for the passage of House Bill 3782. 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? Berrios. Mr. Clerk, take the record. On this Bill, there are 78 Members voting 'yes', 30 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Greg Harris, on the Order of House Bills- Second Readings, on page 4 of the Calendar, you have House Bill 37… 30… 5330. 5330. What's the status on that Bill, Mr. Clerk?"

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

"Representative Harris." Harris, G.: "Thank you, Mr. Speaker, Members of the General Assembly. I hope I do this right. I picked this up for 09700120.doc 172  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Representative Phelps 'cause he's doing some work for the people of Harrisburg and needed some time to work on the disaster recovery. House Bill 5330 is an initiative of the Office of the Attorney General and it does a couple things ver… regarding the Sexually Violent Persons Act. One is it makes some changes to the process by which notices are delivered to people who are incarcerated in state facilities for being sexually violent persons. It allows that notice to be served on the facility. And it also takes some steps to be sure that any cases for commitment… release from commitment by sexually violent persons are not frivolous or dilatory. I'd be happy to answer what questions I could."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the passage of House Bill 5330 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 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Hammond, do you have a point of personal privilege for us?"

Speaker Lyons: "The Journal will reflect your wishes, Representative. On the Order of Third Reading, Representative Cross has House Bill 4995. I believe 09700120.doc 173  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Representative Bost will present it. Read the Bill, Mr. Clerk. 4995."

"Leader Mike Bost."

"If you've heard the Gentleman's explanation, is there any inquiries? Seeing none, the question is, 'Should House Bill 4995 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… Representative Biss and Lilly, would you like to be recorded? Take the record. On this Bill, there's 109 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Anthony 'Smokin' Joe' DeLuca, you have, Representative, on the Order of Third 09700120.doc 174  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Readings… it's getting late in the day, Anthony, thanks for going along with it… Representative DeLuca, you have a Third Reading, House Bill 4018. Read the Bill, Mr. Clerk."

"Representative DeLuca on House Bill 4018."

"Thank you, Mr. Speaker, Ladies and Gentlemen. This is the business database Bill. And many of you have heard from the opposition on this Bill and it was being held up until today where we confirmed… when I say 'we', the opposition and myself… we confirmed that the information that the Secretary of State's Office has given us in regards to this is not the case. So, that's why I am calling the Bill today. This would allow a municipality to create a database at their all… at their own expense. They would be responsible for carrying the burden of creating the databiss… database and identifying all the businesses in town. It's very narrowly drafted. You can see it if you look at the summary of what questions the municipality would be able to ask of a business in town: the business owner's name, the address, the business phone number, the emergency contact number, the business e-mail, an Internet website address and the nature of the business. There is no fee; there is no cost for the business to register with the municipality. I ask for your approval. 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 Lake, Representative Ed Sullivan." 09700120.doc 175  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Yes."

"That would be the responsibility of the municipality to determine if they would identify you as a entity that they feel you would need to register. So, if they felt that for public safety rea… purposes or for zoning reasons, then, yes, they could identify you as someone that they would ask those seven questions to."

"I know the intention is for municipal government only."

"Yes."

"Well, this doesn't regulate. So, the answer to the question is no because there's nothing in this legislation that regulates."

"That's true because a Home Rule municipality may be licensing that Chuck E. Cheese location, but a non-Home Rule municipality that does not have the authority to do that would only be authorized under this legislation to ask these seven specific questions."

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

"No, because you would know because the fine only kicks in after two notices have been sent."

"Request for a verification has been made, so noted. Representative Dwight Kay."

"Sponsor yields."

"We need this because in the municipalities that are not authorized to license and regulate them, primarily are non-Home Rules; Home Rule communities they do not have any ability to identify who's within their community. So, for public safety purposes, for zoning purposes, this gives them the ability to find out who's working in their town. One of the questions that they would be authorized to ask is the nature of the business. We want to ensure that a business is in compliance with the zoning. We don't want to have a chemical company in a strip mall. And in the event there is an emergency, this would be able to provide the municipality the emergency contact phone number."

"Yes."

"I don't think it's too bad. I'm a business owner myself and most of the licenses that I have to fill out and submit are far more extensive than this and there's a fee involved. Now, this is neither one. This is… I would welcome a question that are like this. Answer seen questions, no fee. I'd fill it out and send it back."

"I didn't hear the first part of that question."

"I thought I explained it. You want me to explain it again?"

"Well, that's the reason why I'm calling the Bill today. That's originally why I was holding off on it. As I have said in my opening, we confirmed today, myself and the opposition confirmed today, we were under the impression that the Secretary of State's Office made the indication that they would make this information available to these communities that were interested in receiving it. We found out today that's not the case. They're unable to provide 09700120.doc 179  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 all that information. So, it's not removing any of the opposition, but they acknowledge the fact that, you know, the impression that we were under that we'd have other means to give this information to the municipality is not the case. That's why I'm running the Bill."

Speaker Lyons: "Representative Kay, we'll give you another minute to finish your remarks."

"Well, some of the opposition is to the fee, the $200 fee that is in there after the two notices. So, one thing to keep in mind is only if you ignore the first two notices would there be any type of fine involved and there has to be some teeth to make this worthwhile."

"Thank you, Representative. Leader Mike Bost."

"Sponsor yields."

"Yes."

"Representative Riley."

"Mr. Speaker, to the Bill."

"The Bill."

"I first fought this Bill or something like it last year. The intent then, you know, was not to tax businesses. It was all about public safety and registration. The Bill was brought about by the Mayor of Flossmoor. That is all that he wanted to do. This Bill is a much better Bill. It's a much better improvement to the Bill that I had and as you can see, all of the support from local councils of government including my own the South Suburban Mayors and Managers Association, the IML and the like. It's a much better Bill. It is very narrow and… in its intent. I support the Gentleman's Bill and I hope that you would do too. Thank you."

"Representative Sandy Cole."

"Sponsor yields."

"They provide…"

"Not all of the information."

"Any business that would be a sole proprietorship." 09700120.doc 182  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Any business that would be a sole proprietorship."

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

"Sponsor yields." 09700120.doc 183  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Burke, K.: "Representative DeLuca, one of the… one piece of information you're searching for with this is an emergency contact number and you're doing that so that if there were some problem in the middle of the night or after hours that the municipality would have a way to contact the folks who are in charge of the business. Is that correct?"

"That is correct." Burke, K.: "And this information is not something that's typically available from the Secretary of State nor the Department of Revenue. Registered agent for a corporation could be a just a corporate office downtown, it could be an attorney's office, those are typically not places that would be open after hours or on the weekend or have any way to actually get in contact with the business owner. Just so I'm… and so the emergency number would be something that's very beneficial for the municipality to have."

"It is and I actually confirmed today with the Secretary of State's Office that the emergency telephone number is one of the seven questions that they would not have access to…" Burke, K.: "I think…"

"…and not be able to provide." Burke, K.: "I think this is a good Bill for municipalities to keep tabs on their businesses and protect the public and protect the business owners and their property. And I support your Bill."

"Representative DeLuca to close."

"Thank you, Mr. Speaker, Ladies and Gentlemen. Appreciate your questions and your comments. I certainly 09700120.doc 184  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 understand where there could be some concerns and some opposition for this type of legislation and Representative Bost, some of the comments you made, but as Representative Riley indicated this is very narrowly drafted from where we were last year. There's no smoking licenses in this legislation. Let's be clear on that as well. All right, let's try that again, Ladies and Gentlemen. This is going to give municipalities the ability to get this pertinent information. The seven questions… they are only allowed to ask the seven questions. There are no fees. The emergency telephone number is not available through the Secretary of State's Office. I ask for your 'aye' vote. Thank you very much."

Speaker Lyons: "There's been a request by Representative Sullivan for a verification. Members are asked to please vote your own switches. Mr. DeLuca."

"Speaker."

"Mr. DeLuca. Mr. DeLuca."

"Mr. Speaker, I would like to pull this from the record."

"You disappointed so many people. Take the Bill out of the record. Settle down. Representative Bradley. Let's see we have… Representative Brown, for what purpose do you seek recognition, Sir?"

"Please proceed, Adam."

Speaker Lyons: "Happy birthday, Bill. Have a great year. Representative John Bradley, on the Order of Third Readings, John, you have House Bill 1986. Read the Bill, Mr. Clerk."

"Representative John Bradley."

"We have a problem particularly downstate with ATVs not being licensed on rural roads. And this would give local governments or the Department of Transportation the ability to license and provide rules for rural ATV vehicles. I'd ask for an 'aye' vote."

Speaker Lyons: "You've heard the Gentleman's explanation. Representative Jack Franks on a question. Sponsor yields."

"Thank you. I can never understand… well, maybe I just need more education. Could you help me understand this Bill and stand close to your mic."

"No. And I don't have the energy to fool with you today, so."

"At least you're honest. Okay. Thank you."

"Representative Norine Hammond."

"Sponsor yields."

"Mr. Speaker… Mr. Speaker, take this out of the record, please." 09700120.doc 186  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Take the Bill out of the record. Representative Dan Beiser, you have, on Second Reading, House Bill 930. What's the status on that Bill, Mr. Clerk?"

"Representative Beiser on Floor Amendment #1."

"Mr. Speaker, I believe we want to withdraw Floor Amendment 1 and we want to… we…"

"Gentleman wishes to withdraw Floor Amendment #1. Anything further, Mr. Clerk?"

"Representative Beiser on Floor Amendment #2."

"This is a very simple Amendment which becomes the Bill. And it simply states that any Illinois law enforcement agency that accepts federal funds for the sole purpose of establishing motorcycle-only roadside checkpoints. So, it prohibit that from happening."

"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."

"Representative Beiser."

"Thank you, Mr. Speaker, Members of the House. This Bill was… I introduced it last year. We had some min… the language was not presented properly. So, this Amendment, like I said in the description, is very narrow in focus and it's simply to avoid motorcycle-only checkpoints."

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

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

"Sponsor yields."

"Representative, our analysis says that the Floor Amendment prohibits law enforcement agencies from accepting federal money for the purposes of establishing motorcycle checkpoints. Would that provision have any effect on our ability to accept federal money for DUI roadside checkpoints?"

"No. It simply says they can accept federal money, but if it's specifically just for motorcycle-only checkpoints, no others, than that's prohibited."

"Have I… have we ever accepted that type of federal money prior to this… to this Bill being enacted? Are we a regular recipient of that type of money?"

"I was told by IDOT… well, I take that back… it's a… I don't know if we receive that money for this… for this purpose only. I think we receive money for, you know, safety checkpoints, but we're trying… what we're trying to say is you can't use it just for this. And that's a simple sol… the answer to it." 09700120.doc 188  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"So… so, what you're trying to do with the Bill and the Amendment is to avoid profiling, so to speak, of motorcycle riders only."

"Yes. If we're going to do a safety check, do it for all types of vehicles under whatever conditions they do every third vehicle, every fourth or whatever."

"Thank you, Representative."

"Representative Beiser to close."

"Simply ask for an 'aye' vote."

"The question is, 'Should House Bill 930 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, Robyn Gabel, like to be recorded? Mr. Clerk, take the record. On this Bill, there's 107 Members voting 'yes', 0 voting 'no', 2 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mary Flowers. Representative Ken Dunkin, on the Order of House Bills- Third Reading, you have House Bill 3867, Representative? Read the Bill, Mr. Clerk."

"Representative Dunkin."

"Thank you, Mr. Speaker. This Bill is the Bill that we discussed yesterday and…"

"Representative, before you get going, there is a Floor Amendment that could be added. That, of course, is up to you, if you choose to take it back to Second." 09700120.doc 189  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"What's the status of the Bill, Mr. Speaker? Mr. Clerk? I'd like to adopt Amendment #1. Could you move it back to Second?"

"Okay, Representative. I'm going to move this Bill back to the Order of Second Reading. And I'll ask the Clerk to see what's the status."

"Representative Dunkin on Floor Amendment 1."

"Thank you. Ladies and Gentlemen of the House, House Bill 3867 simply sets out a criteria for who may petition for a reduced sentence. If the criteria are met, petition may consider… may be considered by the Circuit Court of the circuit where the person was convicted. Number 3) the Amendment changes Supreme Court to Circuit Court in which the person was convicted per our discussion yesterday with my colleagues on the other side. So, I would ask for a favorable support."

Speaker Lyons: "Well, let's just do the Amendment first, Representative and we'll do the full Bill. All those in favor of the adoption of Amendment #1 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."

"Representative Dunkin, 3867."

"Yes."

"As you explained?"

"Yes."

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

"Sponsor yields?"

"Well, Representative, per our discussion yesterday, there will be six criteria to meet. The first criteria was that the individual has to have been sentenced prior to 1992 before the federal Battered Women's Act."

"Number 2) the individual must have claimed abuse as a defense prior to 1992 as well. And they also have to present written documentation of the abuse which may include civil or criminal court records, proceedings, notarized statements, police reports, witness statements; number 4) murder his or her abuser; number 5) not previously convicted of first degree murder or a Class X Felony or a Class I Felony; and finally, number 6) that the 09700120.doc 191  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 term is more than the maximum sentence but not an extended term sentence. So, those are the six criteria for eligibility to petition the Circuit Court where they come from… where they were originally adjudicated."

"About seven or nine."

"To your point, Representative, we don't know that. However, there is a statute of limitations to appeal, I mean, with you being a super star attorney and all. So, we don't know the answer. We don't know if the statute of limitations… We can assume that the statute of limitations probably ran out."

"Could you repeat your question, Sir?" 09700120.doc 192  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Yeah. We don't know that answer, Representative."

"Right. Representative, we can make assumptions…"

"The clock expired, Representative. We'll give you another minute."

"Representative Sacia."

"Sponsor yields."

"This Bill doesn't address that. And again, keep in mind these individuals, Representative, are currently serving a life sentence. They're… they're incarcerated and have served since…"

"…prior to 1992, so."

"Well, Representative, as you know, victims certainly have an opportunity to make statements when there is a petition being filed to review a case. So, absolutely, yes, they certainly do."

"Representative, this is a first step for those individuals who have been… who have a history of being abused by an individual particularly their spouse for years and they develop this violence… this syndrome towards being on the receiving end of being victimized. And so, what this first step does is merely give those individuals who have served a minimum of 20…"

"Listen, Representative Elaine Nekritz is one of the best here in this chamber."

"Representative Sacia, your time has expired, but we'll give you another minute to finish your question."

"I'm not a hundred percent sure that some may have, some probably did. But what this does, keep in mind, the intent of this legislation is merely an opportunity for seven to nine people who are currently serving a life sentence, a minimum of 25 years have been served already and we are simply allowing them what wasn't allowed prior to 1992 just to say, hey look, here's a history, 09700120.doc 195  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Representative Sacia, of years and years of abuse. We would like for it to be admissible in Circuit Court. That's merely what it is. I mean, it's not saying you were going to be released. It's a first step towards a petition to the Circuit Court to admit what was not admitted to prove that they were consistent victims of domestic abuse."

"Representative Dunkin to close."

"Oh, thank you. Ladies and Gentlemen, this Bill, actually, we're in a very privileged position here to be able to help people here in the state. Some of those of us who have little to no voice, some of us who are in situations where we may have just forgotten about them. These ladies, predominantly, have been in of… been in jail for well over 25 years and most of them never had any real true chance in court to present all of their evidence that was used against them to convict them for life. This is simply a first step in the petition process and it gives an individual who is serving a life sentence an opportunity just a mere glimmer of hope. And so I would encourage all of us who are concerned about those individuals in our lives that we know of currently and historically an opportunity to have their day in court to merely give them an opportunity to petition the Circuit Court where they started their case where they did not have all of the evidence admissible. I would strongly ask and encourage an 'aye' vote. Thank you."

"Representative Dunkin moves for the passage of House Bill 3867. All those in favor signify by voting 09700120.doc 196  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Arroyo and Hernandez, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 45 Members voting 'yes', 64 voting 'no'. The Bill fails. Representative Dunkin, you need 47 votes to put it on Postponed Consideration. I'm sorry. Representative Mary Flowers, on page 17 of the Calendar, you have, on Third Reading, House Bill 2065. Read the Bill, Mr. Clerk. Representative Flowers, was it your intention to take that Bill back to the Order of Second Reading for the Amendment?"

"Yes, thank you."

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

"Representative Flowers on Floor Amendment #1."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment #1 the Bill ensures that the patients are entitled to coverage for observation care provided in the hospital setting when medically necessary. This is an agreed to Amendment by the insurance industry. And I'll be happy to answer any questions on Third."

"You've heard the Lady's explanation. Is there discussion on the Amendment? Rep… Representative Sullivan on the Amendment." 09700120.doc 197  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Sponsor yields."

"Yes."

"My pleasure."

"Representative Acevedo on this Bill… on this issue. I'll get back to you, Representative. All those in favor of the adoption of Floor Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading and read the Bill."

"Representative Flowers."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move for an 'aye' vote on House Bill 2065."

"You've heard the Lady's Motion. Is there any discussion? Seeing none, the question is, 'Should House Bill 2065 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Brady, Morthland. Mr. Clerk, take the record. On this Bill, there's 108 Members voting 'yes', 1 Member voting 'no', 0 voting 'present'. This Bill, having received 09700120.doc 198  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 the Constitutional Majority, is hereby declared passed. Mr. Clerk, Rules Report."

"Leader Acevedo."

"Thank you, Mr. Speaker. On the previous Bill, House Bill 3867, I was recorded as a 'yes'. It was supposed to be… I'd like to be the record to reflect that it was… I wanted to vote 'no'."

Speaker Lyons: "The Journal will reflect your intentions, Representative. Representative Deb Mell, for what purpose do you week recognition, Representative?"

"Mr. Speaker, I have a quick point of personal privilege."

"Please proceed, Deb."

"I just got off the phone with my accountant and I'm… you know, I'm really kind of moved and very thankful to this Body because Kris and I are able to file a joint state tax return because of the legislation we passed. For a lot of people here that's not a big deal, but it means a lot and but you know, federally we still have to file separately. I have to lie and check a single box, but in my home state, you know, we could be who we are and I just want to thank the Body again, many of you voted for it, even if you didn't, I still love you. And thank you."

"Representative, thank you very much. Mr. Clerk, what's the status on House Bill 5624?" 09700120.doc 199  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Representative Karen May on Floor Amendment #4."

"Yes. Thank you. Floor Amendment #4 just makes clear that all of this takes place in 2014, very technical. It was a gut and replace. And everything in Floor Amendment 3 which also sort of just put it in some different Sections of the law."

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

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

"Representative Karen May."

"Yes. Thank you very much, Speaker and Ladies and Gentlemen of the Body. I'm dedicating this to Bob and Michael Angone. Bob is the retired Chicago police officer who blew the whistle on the extreme amount of fraud and abuse going on with disability placards. His daughter, Michael is a disabled child growing up now, but he was just very angry at the cheaters who are taking parking spots. I also dedicate it to Chris Fusco of the Chicago Sun-Times 09700120.doc 200  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 who really shed the light on what's going on. So, basically, this reform act says that we will increase the penalties for those who abuse the system by lying to get a placard or fraudulently using it or misusing it. And also, creating a two-tiered system closing the loophole that gives free parking anywhere, anyplace, anytime for someone with a disability park… placard. Instead, we're following the Michigan example of a two-tiered system with very strict criteria, who can get these meter-exempt parking. I would really like to thank the legal staff from the Secretary of State in the City of Chicago who helped endlessly in doing this and also for the disability community for providing sensitivity and input. So, from… while it's a sensitive area, there is absolutely no opposition to this. It is supported by the Secretary of State, the Illinois Municipal League, the City of Chicago, the MS Society, Access Living and the Illinois State Medical Society. So, when people cheat, the disabled suffer and when they cheat, taxpayers pay. I ask for your consideration and will be happy to answer any questions should there be any."

"Representative Sacia."

"Representative Don Moffitt."

"Sponsor yields."

"Representative, yes. If I'm understanding your question and I appreciate it. If this legislation doesn't do that, that is already in the law right now. It's my understanding that the judges do give great… great flexibility in doing this. It is only for the fraudulent and misuse and lying."

"Yes. And that was at the request of the Med Society to also do the nurse practitioners and others who can do it. We believe it was already covered under another Section of the law, but we just specified, just as an earlier Bill that we talked about this year, specified that while it was already covered that it was a deceased person's placard couldn't be used."

"Yes. And… and we've…" 09700120.doc 202  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Yes. I know that we talked to the state's attorney and we do have the answer for that. I'm just getting it now from staff, thank you. It would be a case by case basis. It would not be an automatic revocation of the license. They would look at. I think egregious things like sex offenders would be included, but I don't think that that has anything to do with disabled parking, so case by case. It's not an automatic revocation."

"Representative, yes, if I could just clarify further. It's only for a repeated offense. That's why the Illinois State Medical Society is supportive, not just neutral, they are supportive. They wanted to make sure that it wasn't inadvertent. So, we have their support and I also appreciate the fact that I brought this to the Illinois State Medical Society because whether we have a one-tiered system or a two-tiered system, we need to help educate the medical community that by just signing on to something for someone who's been their patient for 20 years they are really hurting the disabled. They are really hurting the taxpayers." 09700120.doc 203  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Right. But the existing law already says that."

"It does not change in this legislation."

Speaker Lyons: "The Chair recognizes Representative Dennis Reboletti."

"Sponsor yields."

"Yes. They… the Secretary of State already has a subcommittee and my Sponsor, Representative Bellock, remembers, you know, committees and everyone looking at the abuse for years. They believe that they would use some sort of a coding, a color coding or something to do this."

"Yes."

"It's one of the strict criteria we've set up." 09700120.doc 204  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Representative May to close."

"Yes. Thank you very much. And I've spoken to many of you individually and you share… you listen to your constituents. Everyone, everyone is tired of people abusing the system and keeping it so that handicapped deservedly get their parking space. I appreciate your attention to this matter and ask for an 'aye' vote."

"The Lady moves for the passage of House Bill 5624. 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 Cole, Representative Flowers, Representative Franks, Representative Saviano. Mary Flowers, Sandy Cole. Mr. Clerk, take the record. On this Bill, there's 108 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Evans, for what purpose do you seek recognition, Sir?"

Speaker Lyons: "The Journal will reflect your request, Representative. Leader Frank Mautino in the Chair, this time for more than a minute."

"On Supplemental Calendar #2 appears House Bill 5277, Representative Golar. Mr. Clerk, read the Bill."

"Third Reading. On page 11 of the Calendar appears House Bill 5050, Representative Leitch. Mr. Clerk, read the Bill."

"Representative Leitch on Floor Amendment #1."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #1 to House Bill 5050. All in favor say 'yes'; opposed say 'no'. In the opinion of the Chair, the 'yeses' have it. The Amendment's adopted. Mr. Clerk, further Amendments?"

"Third Reading. Read the Bill."

Speaker Mautino: "The Gentleman from Peoria, Representative Leitch."

"The Gentleman moves passage of House Bill 5050. All in favor will vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin, Davis, Lilly, Lyons. Representative Lyons. Mr. Clerk, take the record. 107 voting 'yes', 2 voting 'no', 0 voting 'present'. House Bill 5050 is declared passed. Representative Phelps."

"Purpose of an announcement, Mr. Speaker."

"State your announcement."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I wanted to just to take this time to thank everybody that came out and supported the Illinois Sportsman's Caucus last night. Appreciate Representative Jim Sacia being the great auctioneer that he is. We raised just under $22 thousand last night to help the Conservation Foundation to promote outdoor activities. So, thanks everybody."

Speaker Mautino: "Congratulations. Page 7 of the Calendar appears House Bill 4324, Representative Harris. Read the Bill."

"Representative Harris on Floor Amendment #1." Harris, G.: "Could we move this and then discuss this on Third Reading?"

"Gentleman moves adoption of Floor Amendment 1. All in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'yeses' have it. And the Amendment's adopted. Mr. Clerk, further Amendments?"

"Third Reading. Read the Bill."

Speaker Mautino: "The Gentleman from Cook, Representative Harris." Harris, G.: "Thank you, Ladies and Gentlemen of the House. This Bill is just simply a correction of a word that was discovered to be a typo in a Bill that was passed by the House and the Senate and signed by the Governor last year. Of course, the discovery was made after the Bill was signed by the Governor, so we just need to correct that one typographic error. I would… I would appreciate your support. 'Rust… the…"

"Representative Harris moves passage of House Bill 4324. All in… On that question, the Gentleman from McHenry, Representative Franks."

"What was the word?"

"Representative Harris." Harris, G.: "The word is 'rustaurant'."

"No one seeking recognition, Representative Harris moves passage of House Bill 4324. All in favor will 09700120.doc 208  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 vote 'yes'; opposed will vote 'no'. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Cavaletto, Flowers, Sullivan, Unes. Mr. Clerk… Mr. Cavaletto. Mr. Clerk, take the record. Mr. Harris." Harris, G.: "Postponed Consideration."

"Place this Bill on Postponed Consideration. Page 28 of the Calendar appears House Bill 5025, Representative Lyons. Mr. Clerk, read the Bill. Clerk, what's the status of House Bill 5025?"

"Representative Lyons."

"Having voted on the prevailing side, Representative… Mr. Speaker, I have a Motion. Basically, chamber, what I did yesterday, they have to undo. We adopted the wrong Amendment when I presented the Bill. We adopted Amendment #2. So, I'm going to take it back to Second Reading and I'll put the correct Amendment on it and we'll bring it back to Third. And if I need to, I'll explain it again. This is on the consumer protection issue from utilities. So, Heather, what am I doing wrong here?"

Speaker Mautino: "The question is, 'Shall the vote be reconsidered?' All in favor will vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunkin, Tryon, do you wish to be recorded? Mr. Clerk, take the record. 109 voted 'yes', 0 voting 'no', 0 voting 'present' and the Motion prevails. On page 5 of the 09700120.doc 209  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Calendar appears House Bill 4085, Representative Lyons. Mr. Clerk, read the Bill."

"Representative Feigenholtz on Floor Amendment #3."

"Thank you, Mr. Speaker. Floor Amendment #3 represents an effort to cover other procedures. It would expand the underlying Bill to all medical procedures to set a standard for medical care. I'd be glad to answer any questions."

"Representative Ly… The Gentleman from Cook, Representative Lyons."

"Ladies and Gentlemen of the House, I want you to listen up to what's going on here with my Bill. I presented House Bill 4085 with the best of intentions. It's a prolife opportunity… Ultrasound Opportunity Act. Okay. I don't take these issues lightly neither do any one of us on the floor, no matter which side of that issue you're on. Abortions, guns, place gets quiet as it should, big issues. I respect anybody on both sides of this issue as I said in committee. I put the Bill through the process of getting it to Second Reading and being a Democrat in Democratic Leadership, my Democratic Leadership in the Rules Committee allow for five hostile Amendments to be placed in my Bill in another committee. Now, of course, it'll be argued that the 09700120.doc 210  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 committee went… my original Bill went through the Ag Committee and it didn't go through Human Services, but this, my fellow Democrats, if the Rules Committee will do this to me as a fellow Member in Leadership, think what they'll do to you if the will is there to try to hurt one of your Bills and sabotage it… sabotage it in the Rules Committee. So, you're going to hear five different versions of what they think should be added to this Bill. In committee, I asked all five of these Sponsors if I did adopt your com… your Bill… your Amendment to my Bill, would you be willing to cosponsor it with me and then vote for it on the floor. And to a person they said no or well, we don't know what's in the final version. Well, how can you not know what's in the final version. It's my Bill with your Amendment. So, what I'm asking you to do here for me, folks, if you're for or against what I'm trying to do in this Bill, I understand that. Put it on Third Reading, vote it up, vote it down, follow whatever you think you should do. Don't let my Bill be sabotaged by Amendments that don't mean anything. I ask you. I stand against this. You've just lit up a Bill I requested you on green lights. Please stand with me on red lights. Don't let this Bill be sabotaged on Third Reading and vote it up or down."

Speaker Mautino: "Further discussion? The Lady from Cook, Representative Nekritz."

"Thank you, Mr. Speaker. I would request a Roll Call vote on Floor Amendment #3."

"The request is acknowledged. Representative Feigenholtz to close." 09700120.doc 211  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Thank you, Ladies and Gentlemen of the House. With all due respect to Leader Lyons, had this Bill… had this Bill originally gone through an appropriate committee and been addressed in a dignified manner, perhaps these Amendments wouldn't need to show up. I'd also like to remind the Body that just today a court struck down this Bill saying that it does not provide for equal access to other procedures in the State of Oklahoma. Please vote 'aye' on this Amendment."

Speaker Mautino: "The Lady has moved adoption of Floor Amendment #3. Representative Watson."

"Your light was on and I answered."

"There has been a request for a Roll Call. That's been acknowledged. So, all in favor will vote 'yes'; opposed will vote 'no'. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Chapa LaVia, Colvin, Leader Cross, Franks, Lyons and Pihos. Mr. Clerk, take the record. 36 voting 'yes', 66 voting 'no', 2 voting 'present', the Amendment is defeated. Mr. Clerk, further Amendments?"

Speaker Mautino: "On Floor Amendment #4, Representative Cassidy."

"Thank you, Mr. Speaker, Members of the House. Once again, I do want to express all due respect to Leader Lyons and re… re… repress the point that had this Bill been heard in the appropriate subject matter committee we would not be having this conversation. For a women's health leg… piece of legislation addressing women's health be heard in the Agriculture Committee it's profoundly insulting. Amendment 4 would establish some parity, if the underlying Bill were to pass. The presumption in House Bill 4085 is that women do not have the capacity to make health decisions with their doctors. If we want to insert ourselves into that doctor-patient relationship, then we should do so equally. This Amendment will similarly require that before a doctor can prescribe medication for erectile dysfunction the patient must be offered the opportunity to see a video depicting the treatment for the most common side effect of these medications which is known as priapism. This is not a punch line of a joke; it is a very painful and serious condition requiring intense medical treatment. Men should fully understand the risk to this treatment and just as in the underlying Bill, physicians will need to report the names of the patients seeking this treatment and those who refuse it. It's simply about fairness. I ask for an 'aye' vote."

"Further discussion? Representative Lyons."

"I ask for your same consideration on this. I will say this that if Representative Cassidy would like to run a 09700120.doc 213  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Bill on erectile dysfunction in the future, go ahead and run it and we'll vote it up or down on its own merit. Just for… to set the record straight, Ladies and Gentlemen, in 2009 and 2010 Jil Tracy ran House Bill 3700, and 5343, through the Human Services Committee and got nowhere. A year ago, Representative Brandon Phelps took this same issue to the Agriculture Committee where it got out of the committee and then, of course, got bogged down with the notes. So, to say that this thing hasn't tried to go through Human Services, it's dead on arrival there. We all know what it's like to send something to a committee where it's dead on arrival. Well, so he took it to a committee where he'd get it passed. So, I take also issue with to say the people on the Agriculture opinion on this Bill is any less valuable in any other committee. So, I ask you to please again stand with me… stand with me on voting 'no' on this… on this Amendment, this hostile Amendment. If you want to vote against the issue on its own, God love you, but don't let this Bill be held hostage by a hostile Amendment."

Speaker Mautino: "Further discussion? The Gentleman from Morgan, Representative Watson. The Gentleman from Cook, Representative Dave Harris." Harris, D.: "A question of the Sponsor, please? The Sponsor of the Amendment."

"Yes." Harris, D.: "Who's on the Rules Committee?"

"It is a bipartisan committee." 09700120.doc 214  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Harris, D.: "Thank you ver… It is. All of our committees are bipartisan. Who controls the Rules Committee?"

"Why is that relevant?" Harris, D.: "Well, it's relevant because as I understand it every piece of legislation and every Amendment that comes into this chamber has to go through the Rules Committee before it goes anywhere else. Is that correct?"

"It is. And this Bill…" Harris, D.: "So… so, the Bill… the…"

"…was assigned where the Sponsor requested it that it be assigned regardless of the appropriateness of the subject matter." Harris, D.: "The Sponsor can request just about anything, but the Rules Committee can act on its own, can it not?"

"And that's why this Amendment is on the floor. Because this… I requested that this Amendment go to an appropriate subject matter committee." Harris, D.: "And… but the criticism… the… and… but the criticism… the criticism is that the Bill went to the Agriculture Committee…"

"Absolutely." Harris, D.: "…which is controlled, if I'm not mistaken, last time I counted on a 3 to 2 vote, by people from your side of the aisle."

"This is not a question of Republicans or Democrats. This is question of trusting women." Harris, D.: "I un… I un…"

"I trust women." 09700120.doc 215  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Harris, D.: "I understand. It's a question of how the process works. The Bill itself was assigned to the Agriculture Committee by the Rules Committee. My… The last time I looked at the Rules Committee my guess is that two of the Majority Members of the Rules Committee are probably going to vote against this Bill. They may… The Bill in its final Third Reading form. They made the determination to send it to the Agriculture Committee, so my point is your criticism that it went to the Agriculture Committee should not be directed at this House, it should be directed at the Rules Committee more appropriately. Thank you."

"Those Members are here as well."

"Further discussion? Representative Watson."

"Representative Cassidy to close."

"Once again, this is about trusting women. This is about the appropriateness of a doctor-patient relationship. This is about women having the ability to make their own medical decisions. This is about fairness. I ask for an 'aye' vote." 09700120.doc 216  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"The Lady moves adoption of Floor Amendment #2. All in favor will vote 'yes'; opposed will vote 'no'. And the voting is open. Floor Amendment #4. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia, Colvin. Mr. Clerk, take the record. 32 voted 'yes', 68 voting 'no', 3 voting 'present', the Amendment #4 to House Bill 4085 is defeated. Mr. Clerk, further Amendments?"

"Representative Jakobsson on Floor Amendment #5."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I have House Amendment… I have Floor Amendment #5 to House Bill 4085. If the purpose of this Bill as the Sponsor stated is to try to get a woman to change her decision about having an abortion, I want to make sure that care she receives is safe and will not harm her or will not harm her fe… her fetus should she choose to continue her pregnancy. In order to protect both the pregnant woman and her fetus, ultrasound should only be performed by qualified personnel under the order or referral of a medical professional. House Amendment #5 requires that only a qualified person may perform an ultrasound on a pregnant woman. Further, Amendment #5 requires an order or referral from a physician, an advanced practice nurse, a nurse midwife or physician assistant when a ultrasound is performed on a pregnant woman. This language is new to the Bill and is designed to protect a woman in her pregnancy. Both the Food 09700120.doc 217  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 and Drug Administration and the American Institute of Ultrasound Medicine have warned that ultrasound on pregnant women should only be performed by qualified individuals for medical purposes. While ultrasound administered in low doses in a medical setting is considered safe, the FDA warns that the long-term effects of repeated ultrasound exposure on the fetus are not fully known. I urge an 'aye' vote on this Amendment."

"The Lady's moved adoption of Floor Amendment #5. And on that question, the Gentleman from Cook, Representative Lyons."

"Well, I don't know how to say this, but Naomi if you would have read the Bill perhaps you would have said that the whole definition of physician and qualified person is already in the existing Bill. The existing Bill, Ladies and Gentlemen, I'll give you a little more background on the real issue is here. A woman is in a abortion clinic, should they be offered the opportunity to view their ultrasound. This does not demand an ultrasound. If an abortion clinic doesn't do ultrasounds, they can get off the hook by simply saying we do not provide ultrasound through our clinics in the neighborhood and the community to do that. There is nothing in this Amendment that adds anything to the Bill that wasn't in the original legislation. Stand with me once again. This is a frivolous Amendment. I'm not saying that the issue isn't concerned about having the right person to do these ultrasounds. It's already in the Bill under the definition. Vote 'no'." 09700120.doc 218  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

Speaker Mautino: "Further discussion? The Gentleman from Winnebago, Representative Sacia."

"Indicates that she will."

"This has been a discussion from the beginning of the Bill and that is what this Bill is asking people to do is look at an ultrasound. How can you look at it if you don't have it?"

"She has to be offered the ultrasound, but then it has to be reported if she refuses it."

"They're not always medically indicated."

"I think we should be talking about the Amendment that's before us and not the underlying Bill because it's the Amendment that we're going to vote on."

"The purpose of the Amendment is to make sure that only a qualified person may perform the ultrasound and that there is a referral from a physician or an advanced practice nurse or a nurse midwife or a physician assistant when an ultrasound is performed on a pregnant woman."

"Again, I'd like to refer to the Amendment that we're discussing."

"Representative Jakobsson to close."

"Thank you. Once again, I urge an 'aye' vote on this because it requires that only a qualified person may perform the ultrasound, that they're often dangerous if repeated at high… the long-terms effects aren't known if there's repeated ultrasound exposure on… it's very 09700120.doc 220  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 important to make sure that these are done by qualified people."

Speaker Mautino: "The Lady has moved adoption of Floor Amendment #5 to House Bill 4085. All in favor will vote 'yes'; opposed will 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. 37 voting 'yes', 65 voting 'no', 2 voting 'present', Floor Amendment #… excuse me… #5 is defeated. Mr. Clerk, further Amendments?"

"The Gentleman from Cook, Representative Lang on Floor Amendment #6."

"Thank you, Mr. Speaker, Ladies and Gentlemen. I suppose that many on the floor could argue that some of the other Amendments were hostile Amendments, Amendments designed to get in the… into the argument between prochoice and prolife and I see how you could make that conclusion, if that's where you wanted to go. But I submit that this Amendment is neither a hostile Amendment nor is it involved with that debate. So, I hope rather then continuing to have the same Roll Call, just as a kneejerk, you'll really take a look at this Amendment. What this Amendment says is if the ultrasound is offered, at the same time the ultrasound is offered the patient must be told if there's a cost to the patient or if there's a cost to someone. Not every one of these procedures is covered by insurance, not every one of these procedures is covered by anybody and sometimes the woman is going to have to pay for it. So, all the Amendment 09700120.doc 221  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 says is if the ultrasound is offered, the woman needs to be told there's a cost or if there's a cost and who's going to pay for it and to confirm some kind of financial responsibility. I don't think that's too much to ask. People are told what the costs are of all medical procedures. People know there's a cost, so we don't want them to be offered this and have some thought that it's free. Every medical procedure has a cost. And I would ask you to be reasonable and just simply add to the Bill this provision providing for notification as to cost."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #6. And the Gentleman from Cook, Representative Lyons."

"I don't take a lot of pride in having to go against one of my Leaders on the House Floor and in the Democratic Caucus, but I'll do it this time. Because in committee when he presented this Amendment, Lou, I asked you, oh, Lou, if I adopted your committee… Amendment to my Bill, would you be willing to vote for it and cosponsor it on the floor? He said no. So, let's not think about the folly of the appropriateness of this Amendment. First of all, 99 percent of abortion clinics do ultrasounds right now. It's all included to the paperwork that you sign when you go in there. Now, there's no additional cost. Well, Ma'am, would you like to have an ultrasound. We have to charge you more money. That's not how it's done. So, this may appear that they have some credibility to it. The fact of the matter is there's no additional cost for the ultrasound it's the doctor at the facility determines what kind of ultrasound 09700120.doc 222  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 and if an ultrasound is needed. So, there is… this is a red herring. There's no substance to it. It's already covered in the process that they go through. I ask you once again for a 'no' vote on this Amendment."

Speaker Mautino: "Further discussion? The Gentleman from Jackson, Representative Bost."

"He indicates that he will."

"A hostile Amendment is an Amendment designed perhaps to bring the Bill down. This is not designed to bring the Bill down. This is designed to enhance the Bill. And when my good friend, Leader Lyons indicated that he asked me that question in committee he did, he did and I gave that answer because I still don't like the Bill but we spend a lot of time around here trying to make bad Bills better. And my view is that if it is a bad Bill, but should it become law I would like it to be at least as good as it can be."

"To the Amendment."

"Representative Lang to close."

"Thank you, Mr. Speaker. Again, this Amendment was not designed to bring down the Bill. This Amendment was designed to indicate that if a patient is going to have a medical procedure, the patient ought to be told if there is a cost. The Sponsor of the Bill has indicated that it's part of a package and there's probably no cost. Well, that's fine. Then the patient can be told that there's no cost. But every one of us goes and has medical procedures and every one of us would like to know what that medical procedure is, what the cost would be and who the heck's going to pay for it. That's all this does. This is not designed to bring down the Bill and I would submit that if this Amendment were adopted it won't change any votes on Third Reading. This could only make this Bill better regardless of what side of the ultimate issue you might be on on Third Reading. I would recommend 'aye' votes."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment 6 to House Bill 4085. All in favor will vote 'yes'; opposed vote 'no'. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 38 voting 'yes', 64 09700120.doc 224  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 voting 'no', 2 voting 'present' and Amendment #6 is defeated. Mr. Clerk, further Amendments?"

"The Lady from Cook on Floor Amendment #7."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Representative, I think I'm going to withdraw my Amendment #7, but I would like to ask you a question. Is abortions in this state legal?"

"Mr. Lyons."

"If you're withdrawing your Amendment, Representative Flowers, sobeit. If we're going to discuss further parts of the issue, we can do that on Third Reading, with all due respect."

"Okay. Well, I'll just withhold my question until Third Reading. But please…"

"Do you…"

"…withdraw Amendment #7."

"The Lady requests that we withdraw Floor Amendment #7. Mr. Clerk…"

"…further Amendments?"

"Third Reading. Read the Bill."

"Mr. Lyons."

"Let me explain what the Bill does and I don't think there's anybody in the sound of my voice in this chamber 09700120.doc 225  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 that doesn't know exactly what it does. It adds seven words to the abortion process, would you like to see the ultrasound. It puts no burden. It adds no undue burden on this issue at all. There are… There's the 1992 Planned Parenthood v. Casey which allows states to do things that do not create a undue burden. Asking that question, is not an undue burden. It'll… The physicians are the ones who make the determination on what kind of an abor… what kind of ultrasound is to be done. There's all the horror stories in this information of what… of how that would be… would be some type of mandated situation, nothing could be further from the truth. It allows a… this question to be asked only after seven days of gestation, which means if there's a woman who's been a victim of rape or incest there'd be plenty time of a window for this issue to be addressed without having to kick in this ruling. Twenty-two states have this including Wisconsin, and Indiana, Nebraska, Michigan that have a form that allow ultrasounds. There was a case in Texas in January of 2012, this year, that upheld a Fifth Appellate Court ruling in Texas this year held these types of tests constitutional. This legislation does not mandate an ultrasound. It does require the physician or the person qualified at the abortion clinic to at least ask the question, would you like to see the ultrasound. Ladies and Gentlemen, I can't tell you how much I appreciate all 68 of you, 62 of you, whatever it was that voted for this. You did the right thing. And I also know how to count. And this is not easy for me to do on this day either after having you stand with me. I had about 61, 62 pretty solid 09700120.doc 226  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 votes on this thing. I'm five or six short today with people who are missing that I know I could count on. So, I'm not going to call the Bill today. We'll leave it on Third Reading. I'll ask the Speaker for an extension on the deadline on this, but I'm not going to run this and ask people to vote for a Bill that I don't think I can pass on the House Floor. But to every one of you that supported me on these things which are nothing short of hostile Amendments, I appreciate it. For those who are on the other side of this issue, I wish you'd just look at what we're trying to do. This is as innocent a request as we could make, would you like to see the ultrasound. The fact of the matter is most women that see the ultrasound have a second thought to it and say maybe I should have this baby. Maybe you see that little heart beat and I hear that voice saying to me, mom, I'd like to live. We'll have that discussion another day hopefully, but to all of you that stood with me on these Amendments, I'll never forget it. Thank you very much. Hold the Bill on the Order of Third Reading."

"Take the Bill out of the record. On page 5 of the Calendar appears House Bill 4028, Representative Feigenholtz. Read the Bill."

"Representative Feigenholtz on Floor Amendment #2 to House Bill 4028." 09700120.doc 227  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Thank you, Mr. Speaker. House Bill 4028 does three things. It is a DCFS initiative amending the Abused and Neglected Child Reporting Act by expanding the definition of a person responsible for a child's welfare. The second piece is combining two advisory boards and the third piece is… is an initiative, again, of DCFS to shorten the time that an adoption proceeding can take place."

Speaker Mautino: "The Lady has moved adoption of Floor Amendment #2. And on that question, the Gentleman from Tazewell, Representative Sommer."

"The Lady moves adoption of Floor Amendment #2. All in favor say 'yes'; opposed say 'no'. In the opinion of the Chair, the 'yeses' have it. Floor Amendment #2 to House Bill 4028 is adopted. Mr. Clerk, further Amendments?"

"Third Reading. Read the Bill."

"Representative Feigenholtz."

"Thank you, Mr. Speaker. I explained the Amendment which became the Bill. I'd be glad to answer any other questions."

"The Lady has moved passage of House Bill 4028. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor will vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all 09700120.doc 228  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 voted who wish? Have all voted who wish? Representative Biss, Cavaletto, Morthland, Pihos, Watson, do you wish to be recorded? Representative Pihos. Mr. Clerk, take the record. 89 voting 'yes', 18 voting 'no', 1 voting 'present', the House Bill 4028 is declared passed. Representative Gaffney, on page 8 of the Calendar appears House Bill 4749. Read the Bill."

Speaker Mautino: "Representative Gaffney on Floor Amendment #1."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #1. All in favor say 'yes'; opposed say 'no'. The opinion of the Chair, the 'yeses' have it. And the Amendment's adopted. Mr. Clerk, further Amendments?"

"Third Reading. Read the Bill."

"Representative Gaffney."

"Representative Gaffney moves passage of House Bill 4749. And the question is, 'Shall this Bill pass?' All in favor vote 'yes'; 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. 108 voting 'yes', 0 voting 'no', 0 voting 'present', and House Bill 4749 is declared passed. Representative McAsey, on page 8 of the Calendar appears House Bill 4662. Read the Bill."

"Representative McAsey on Floor Amendment #2."

"Thank you, Mr. Speaker, Members of the House. I would move for the adoption of Floor Amendment #2 and then would address the Amendment as well as the underlying Bill on Third."

"The Lady's moved adoption of Floor Amendment #2. All in favor say 'yes'; opposed say 'no'. In the opinion of the Chair, the 'yeses' have it. And the Amendment's adopted. Mr. Clerk, further Amendments?"

"Third Reading. Read the Bill."

"Representative McAsey."

"Thank you, Mr. Speaker, Members of the House. This legislation is… represents the efforts of the Illinois State Bar Association as well as the corporate fiduciaries. The Amendment that was just adopted addressed some concerns that were raised by the Attorney General's Trust Division. This is agreed legislation. It has to do with our trust law and bringing into the State of Illinois provisions allowing for decanting. It allows for trusts to evolve and meet the changing needs. Allows trustees discretion to distribute trust principal into other trust instruments, sets forth the rules, notice requirements. And I would be happy to take any questions."

"The Lady moves passage of House Bill 4662. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor will vote 'yes'; opposed vote 'no'. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr… Mr. Clerk, take the record. 106 voting 'yes', 1 voting 'no', and 1 voting 'present', House Bill 4662 is declared passed. On page 8 of the Calendar, Representative McAsey, there appears House Bill 4663. Mr. Clerk, read the Bill."

"Representative McAsey on Floor Amendment #2."

"Thank you, Mr. Speaker, Members of the House. I would move for adoption of Floor Amendment 2 and would discuss both the Amendment and the underlying Bill on Third."

"The Lady moves adoption of Floor Amendment #2. No one seeking recognition, all in favor say 'yes'; opposed say 'no'. In the opinion of the Chair, the 'yeses' have it. The Amendment's adopted. Mr. Clerk, further Amendments?"

"Third Reading. Read the Bill."

"Representative McAsey on House Bill 4663."

"Thank you, Mr. Speaker, Members of the House. This is a second Bill that is part of the efforts of the State Bar Association and corporate fiduciaries to modernize trust law in the State of Illinois. Specifically, this is dealing with directed trust and situations where through a trust instrument, certain individuals are designated ability and authority to make certain decisions. This sets forth the liability for persons in those situations."

"The Lady has moved passage of House Bill 4663. No one seeking recognition, all in favor will vote 'yes'; opposed will vote 'no'. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Pritchard, do you wish to be 09700120.doc 232  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 recorded? Mr. Clerk, take the record. 106 voting 'yes', 1 voting 'no', and 1 voting 'present', and House Bill 4663 is declared passed. On page 14 of the Calendar there appears House Bill 5633, Representative Schmitz. Read the Bill. Out of the record. Page 12 of the Calendar there's House Bill 5434, Representative Williams. Read the Bill."

"Representative Williams on Floor Amendment #2 to House Bill 5434."

"Thank you, Mr. Speaker. This Amendment simply makes a few changes to the Debtors' Rights Initiative of the Attorney General's Office making sure it applies only to debtors who are natural persons, not corporate debtors and another change regarding a court determination of willful refusal to comply with the payment order. And I'd be happy to discuss the Bill more thoroughly on Third."

"The Lady moves adoption of Floor Amendment #2. And on that, the Gentleman from McHenry, Representative Franks."

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

"She indicates that she will."

"Representative, can you tell us what the Amendment does, 'cause I know there were some questions to the underlying Bill and has the Amendment taken away the opposition that was previously had?" 09700120.doc 233  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Yes. This Bill is a compilation of extensive discussions between a creditor's bar, collection agencies, members of the judiciary, legal services programs and in corporate in put… input from all involved. So, there is no opposition remaining."

"And how did it change from the underlying Bill? I remember when I spoke with the Attorney General's Office before there was some questions on how some of the jurisdictions were implementing the body attachment orders. I think there was a question of consistency and I wasn't sure if that was addressed in this Amendment."

"Well, this Bill will provide consistency among all counties in terms of how body attachments work. And in terms of this Amendment specifically, first it clarifies the key provisions as I mentioned only apply to debtors who are natural persons not corporate debtors which was an issue that was brought up in the discussion. Secondly, originally, we had a provision that prohibited a jailed debtor's bond money for being turned over to the creditor. Under the new language, the court may order a jailed debtor's bond money to be turned over to the creditor if, after an inquiry, the court determines the debtor has willfully refused to comply. So, this incorporates best practices for debt collection without impairing the rights of someone who simply can't make a payment."

"Is it… has there been any change in when a body attachment can be issued such as, presently, the system typically works is, a citation to discover assets is issued and if the debtor fails to show that individual was given 09700120.doc 234  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 what's known as a rule to show cause why that individual should not be held in contempt. And if, again, that individual fails to appear in court, then the judge would be in her right to give her what's known as a body attachment to bring the body of the debtor to court to answer questions of the creditor. Has that changed at all?"

"What… the new procedure, if this legislation's passed, will be as follows: the debtor appears at a citation hearing, the debtor will be examined about his income… his or her income and assets, if no nonexempt income and assets are discovered, citation is dismissed. If nonexempt assets are available, it will not be. If there is no appearance, the court will issue an order to show cause but personal service is required. I think that's the main difference."

"I think that's a good change with the rule…"

"Right."

"…to show cause. The question is on the citation. Let's assume, for instance, that a debtor does appear at the citation hearing. But on the citation notice there is a list of documents that the debtor is required to bring such as copies of bank accounts, copies of their car titles, copies of their W-2s and copies of their tax returns are typical issues. And let's assume that the debtor appears at the citation, but doesn't bring any of those documents. Had… Would the debtor, it'd be my opinion, the debtor would not have essentially appeared because all they've done is shown up but not brought any documents. So, I want to make sure that if the debtor does appear that the debtor has to 09700120.doc 235  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 really be there and answer the questions and bring the documents that were requested."

"This is not addressed in this legislation. That would be a matter for judicial discretion and I would think a reasonable judge, with this legislation in place, would be able to address that issue, have a continuance, whatever would be appropriate in that situation."

"Well, I just want to make sure for legislative intent that if someone just shows up that they have not cured the issue of the citation and debtor… and that a rule could eventually be issued should the debtor not provide the documents required pursuant to the citation."

"There would be… there's nothing in this legislation that would preclude a judge from acting in the manner you discussed. Again, it's within their discretion. It is not precluded in this legislation."

"I appreciate your hard work on this."

"Thank you."

"Further discussion? The Gentleman from Cook, Representative Lang."

"Thank you. I rise in support of the Lady's Bill and in so doing, I'd like to thank her for her very hard work on this. This has been an issue that's come to the floor over the last year or so with some abuses across the state. And Representative Williams worked with the creditors' attorneys, with the debtors' attorneys. And let me also thank the Attorney General and her staff for being involved with this Bill. It's a very good Bill to clean up some real mess involving a post-judgment proceedings as it relates to 09700120.doc 236  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 collection from judgment debtors. So, I just rise to support the Bill and to thank Representative Williams for her hard work."

Speaker Mautino: "The Lady has moved adoption of Floor Amendment #2 to House Bill 5434. All in favor say 'yes'; opposed say 'no'. In the opinion of the Chair, the 'yeses' have it. And the Amendment's adopted. Mr. Clerk, further Amendments?"

"Third Reading. Read the Bill."

"The Lady from Cook, Representative Williams."

"Thank you, Mr. Speaker. And thank you, Representative Lang for your comments, but I have to say the credit goes to the Office of the Attorney General and all the parties that worked so hard with us to come to an agreed situation which, as I said, ensures that no Illinois resident will go to jail as a result of a debt they cannot afford to pay. And at the same time, remains consistent with current best practices and preserves creditors ability to obtain and fully enforce judgments against debtors who can afford to pay them. I think, as I said earlier, this was a result of extensive negotiations and discussions. I can go into more detail if you'd like, but the main points of the Bill prohibit payment orders that rely on exempt income and assets such as disability, et cetera; provide… prohibits bench warrants from missed hearings unless the 09700120.doc 237  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 debtor is personally served; provide plain language opportunities to assert exempt income and to clarify the courts must make a finding of an ability to pay before entering a payment order. These are commonsense solutions. We have a long tradition of not putting people in jail because of poverty and this ensures that will not happen in Illinois. I'm happy to answer any further questions."

"The Lady has moved passage of House Bill 5434. On that question, the Gentleman from McHenry, Representative Franks."

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

"Of course."

"She indicates that she will."

"Representative, I've had a chance to finally read the entire analysis and my question would go to House Amendment #2 dealing with the information requested from the judgment debtor on the form. And there are specific enumerated things that are able to be on the form. And my question is, would this preclude the judgment creditor from getting additional information. For instance, on here they have name, address, date of birth, marital status, dependents, employment status, source of income and real and personal property and other assets. Could we… could a creditor also say we need you to bring your W-2s, we need to see who you've applied for jobs in the last two months. Would we also be able to require them to bring the last two years of tax returns? I want to make sure that those things are not precluded on a citation to discover assets." 09700120.doc 238  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"And as we discussed when discussing the Amendment, that is not precluded in the Bill. Again, this has some broad protections as I enumerated in the beginning, but does not otherwise interfere with the normal process within the course for collecting judgments and is very consistent with current best practices."

"So, the form that will be issued will not be exhaustive. It would be including but not limited to language indicating that you can get the additional information."

"And that can all be addressed within a supplemental proceeding."

"Thank you very much."

"Sure, thank you."

"The Lady's moved passage of House Bill 5434. All in favor will vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Gaffney, Reis, do you wish to be recorded? Mr. Clerk, take the record. 107 voting 'yes', 0 voting 'no', 1 voting 'present', House Bill 5434 is declared passed. Mr. Clerk, what's the status of House Bill 5025?"

"Please bring that Bill to Second Reading. Representative Lyons on a Motion."

"Yes, Speaker, I…"

"Clerk, what's the status of the Bill?"

"Representative Lyons."

"So, Mr. Speaker, my intention here is to table Amendment #2 and adopt Amendment #1, the correct Amendment."

"The Gentleman moves that the House table Amendment #2 to House Bill 5025. All in favor will vote 'yes'; opposed vote 'no'."

"Verbal, verbal. It's just an Amendment."

"There's a Motion to Table Amendment #2. There is a Motion to Table Floor Amendment #2. This will require a Roll Call vote. All in favor vote 'yes'; opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Pihos, Jackson, Howard. Mr. Clerk, take the record. 108 voting 'yes', 0 voting 'no', 0 voting 'present', and Amendment #2 is tabled. Mr. Clerk, what's the status of the Bill?"

"Representative Lyons."

"Floor Amendment #1, Ladies and Gentlemen, does what I intended it to do yesterday. Basically gives a five-day window for the utilities to take the brick off of somebody's account. I ask for your favorable consideration."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #1. All in favor say 'yes'; opposed say 'no'. In the opinion of the Chair, the 'yeses' have it. And the Amendment's adopted. Mr. Clerk, further Amendments?" 09700120.doc 240  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Third Reading. Read the Bill."

"Representative Lyons."

"I once again ask for your 'yes' vote. This time I'm looking for green buttons and thank you very much for the mistake I made yesterday on the Amendments. And I'd like to thank Mark O'Brien for bringing it to my attention and Chief Mapes, I'm sorry I created a little parliamentary problem here by screwing up on the Amendments. Thanks for your help. I ask for 'aye' votes."

"The Gentleman moves passage of House Bill 5025. The question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mulligan, Soto, do you wish to be recorded? Mr. Clerk, take the record. 108 voting 'yes', 0 voting 'no', 0 voting 'present', the House Bill 5025 is declared passed. Representative Schmitz, on page 18 of the Calendar is House Bill 5257. Read the Bill."

"Representative Schmitz."

"The Gentleman has moved passage of House Bill 5257. And on that question, the Gentleman from McHenry, Representative Franks."

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

"He indicates that he will."

"Representative, by calling this a… is it a special assessment now, you're saying, that if the… if the municipality would cut trees or bushes on someone's yard, that they'd be able to do a special assessment. Is that what this Bill does?"

"Well, let me…"

"Well, what's the practical effect though because it was in the nuisance section, for one of a better term. When it's in a nuisance section and it's taken care of, it does not become a special assessment, does it?" 09700120.doc 242  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"So, what's the difference between a lien on the property and a special assessment? I'm trying to figure out what the practical effect would be for collection of these amounts owed because that's all the municipality cares about. They're going to do the prop… they're going to do whatever needs to be done either way whether it's in… whether it's in the nuisance section or the special assessment section, but what's the practical effect by moving this to the special assessment section?"

"And how is an assessment collected versus a lien because I would presume if special a… let's assume it's a special assessment. And what happens if the property owner doesn't pay it?"

"That's… let's assume they don't pay that 'cause then it… then it… does it become a lien. I'm just wondering… my concern is this. Let's assume we add to the special assessment so that way it increases their tax bill which is different than a lien on the property, correct, 'cause this would go right to the bottom line on someone… on someone's taxes. So, let's assume they don't pay. This would give rise to the municipality then to actually lev… do a levy on a tax sale on someone's property for not cutting their… their trees."

"Okay. Want me to do it again? Okay."

"Oh, you need a chart. Here's the flowchart. The homeowner fails to cut his trees and bushes. As a result, a special assessment is put on, not a lien. The special assessment is placed, then, on the tax bill as opposed to a lien. Because the lien can sit out there and when the property is sold then the lien would be satisfied, but there would be interest accrued. But here the difference is if the homeowner doesn't pay the tax, then the municipality can sell the home for a tax sale because the guy didn't cut his bushes. Am I right?" 09700120.doc 244  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"I… I know."

"I know. And I'm always worried about that. I like the idea of the liens better than the special assessment for this reason because at that time, if there's a lien when the home is sold, the municipality would act as other creditors and they would get their money. I understand. You're trying to make sure that the municipality gets their money quicker and easier."

"Well, they could do it right now under the nuisance statute."

"The reason you want to move it here is so they can get their money faster."

"Oh, I get that. But the special assessment did not include the cutting of trees and bushes."

"You're putting that into the special assessment."

"Okay."

"I get… I get that, but the… I just want to caution you that by doing that, though it may speed up the ability for the municipality to recover the money they've expended which certainly makes sense, but the municipality also has other options. Besides a lien, they could also file a suit against the homeowner to collect and not have to do a special assessment. My concern though, at a time when we have ever increasing property taxes and people… and record unemployment, though it's coming down a little bit, I'm always worried about giving government the ability to sell somebody's home on a tax sale for people who can't afford it. And we've seen a big spike of that in our area. And now, you've got, I think, six whole precincts in McHenry County. You'll be hearing about that soon… soon too. So, my concern is the… is that we may be being too onerous on this and perhaps the municipality, though they're owed the money, they should be treated like every other creditor because the way this is drafted they become… they have a super priority over every other creditor and that's my concern here. And I don't know if you have a response to that."

"No, I get that…"

"…but you're adding to it and you're giving more…"

"Right. But you're giving them, the municipalities, more power for that special assessment." 09700120.doc 246  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Well, they could actually go to small claims court and collect on it."

"Right. But that's what other creditors have cost as well because those people who aren't paying the municipality probably aren't paying their creditors as well. And what the difference is is this gives a super priority to one type of creditor simply because they're a governmental entity instead of a someone else. Perhaps the same homeowner bounced a check, you know, to a… to a convenience store owner. That convenience store owner's going to have to wait to get his money until after the municipality gets theirs."

"Mr. Franks. Please turn on his mic. Could you bring your remarks to a close?"

"I will. I appreciate that, Mr. Schmitz. I just… I'm always wary when we put government before every other creditor. We certainly know that the problems that government have because of the reduced funding that we've provided and… but it's also because of reduced tax receipts and that's because people have less. And I'm just concerned that if we put Governor… government at the front of the line that others may suffer. But I appreciate what you're trying to do."

"Further discussion? The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"He indicates that he will." Davis, W.: "Representative, in our analysis there's not a lot of detail and I didn't have a chance to read through the entire Bill, but when you talk about adding trees and bushes, who's making the decision that it's a nuisance?"

"Further discussion? The Gentleman from St. Clair, Representative Penny."

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

"He indicates that he will."

"As a person involved in small town administration, I would like to remind everyone that we expend great amounts of money throughout the year which the regular taxpaying people are paying. If a person fell delinquent on paying his tax bill as a result of this procedure, the delinquent debt would be picked up in most cases by a taxbuyer after a period of notification. And he would have approximately three years to redeem that unpaid year of taxes. So, there are many safeguards built into this. It is very beneficial to the communities to be able to recoup their money quickly through the regular tax billing process and this would be a good Bill to keep taxes down for the regular taxpaying public. I would ask that you support the Bill."

"Further discussion? The Gentleman from Cook, Representative DeLuca."

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

"Indicates that he will."

"Representative Schmitz, if this becomes law, would a municipality that currently has liens on a property that 09700120.doc 250  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 they have maintained previously and they're being ignored, would they be able to shift that burden to the special assessment?"

"I'm not asking you to pull it from the record."

"Okay."

"Well, it's up to you. If you think you can get an answer quickly and bring it right back up, that's your decision."

"Please take this from the record. On page 7 of the Calendar appears House Bill 4314, Leader Colvin. Is this your last Bill, first Bill, last Bill? Read the Bill."

Speaker Mautino: "The Gentleman from Cook, Representative Colvin on Floor Amendment #1."

"Thank you, Mr. Speaker. I appreciate that. I wouldn't say all that as this being my last Bill, you never know. I would like for the House to consider House Floor Amendment #1 for adoption. Mr. Speaker, if you'd like to adopt the Amendment, I can explain it on Third, either way you want to do it is fine."

"Gentleman moves adoption of Floor Amendment #1 to House Bill 4314. All in favor say 'yes'; opposed say 'no'. In the opinion of the Chair, the 'yeses' have it. And the Amendment's adopted. Mr. Clerk, further Amendments?"

"Third Reading. Read the Bill."

"The Gentleman from Cook."

"Thank you, Mr. Speaker. Once again, I have for the House to consider 40… House Bill 4314, as amended, deals with a qualified business enterprise located in an enterprise zone in my community. Finkl Steel is a steel manufacturing fabrication company that is in the process of relocating their business from the north side of Chicago to a larger facility on the south side of the City of Chicago specifically in the 33rd Representative District which I currently represent. A couple of years ago they applied for… almost three years ago, they applied for, with the DCEO, after meeting the qualifications, a utility tax exemption to help facilitate their move with respect to 09700120.doc 252  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 their use of electricity. Finkl Steel is one of the top users of electricity in northeast Illinois. To help facilitate that move, they had to do a couple things. They had to ensure that they would be either creating or retaining 300 jobs in the Chicagoland area in a high unemployment area. They met that requirement and they are currently in process of fulfilling that goal. This Bill gave them a 36-month window to complete that transition. I can tell you the cost of electricity usage they are currently still building out the electrical needs for the plant. They are currently in the process of hiring all those folks. They have not completed that task. This is simply a 12-month… asking for a 12-month extension of that commitment. Finkl Steel has every intention of meeting that goal. We've been working with them for the last 3 months and I can tell you they have been a tremendous corporate citizen. And I should also point out that Finkl Steel had a couple choices where they were moved. Their first choice was the south side of Chicago. We will work with them to help facilitate that move. The second choice was Ontario, Canada, back where their parent company is located. I'll be happy to answer any questions with respect to the Amendment."

"The Gentleman has moved passage of House Bill 4314. No one seeking recognition, all in favor will vote 'yes'; opposed vote 'no'. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Soto, Tryon, du Buclet. Representative Tryon, do you wish to be recorded? Mr. Clerk, take the 09700120.doc 253  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 record. 108 voting 'yes', 0 voting 'no', 0 voting 'present', and House Bill 4314 is declared passed. On page 8 of the Calendar appears House Bill 4665, Representative McAsey. Read the Bill."

"Representative McAsey on Floor Amendment #2."

"Thank you, Mr. Speaker, Members of the House. Floor Amendment #2 is a gut and replace. I would move for the adoption of the Amendment and then discuss on Third."

"The Lady moves adoption of Floor Amendment #2. All in favor will say 'yes'; opposed say 'no'. The opinion of the Chair, the 'yeses' have it. The Amendment's adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Read the Bill."

"Representative McAsey."

"Thank you, Mr. Speaker, Members of the House. House Bill 4665 creates the Radon Resistant Construction Act. This Bill is the… the result of the work of the homebuilders, realtors, the Illinois Emergency Management Association. All of them are supportive of the language before us today. Radon is a radioactive colorless, 09700120.doc 254  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 odorless, tasteless element that comes from uranium in the soil. It's the leading cause of lung cancer behind… or among nonsmokers rather. And this legislation actually came to me from members of the Will County Real Estate Bar who have seen radon mitigation become a problem as people are working to sell their homes. So, basically, what the Act sets forth is that all residential construction in the State of Illinois moving forward will be built as radon resistant construction. And I would ask for support."

"The Lady moves passage of House Bill 4665. On that question, the Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"She indicates that she will." Davis, W.: "Thank you. Representative, in their… in efforts in the State of Illinois to build what would be concerned low… low-income housing or moderately priced housing or affordable housing, maybe that's a better term, how does this impact the cost?"

"I think that's a great question, Representative Davis. This legislation is actually really about consumer protection and having a lower bottom line at the end of the day. What's happening across our state right now is that when residential properties are being resold, they're testing positive for radon and at that point, it's a very costly process to put in radon mitigation systems. It is a fraction, about a third of the cost on the high-end, to just lay, essentially, what's a piece of PVC pipe in the foundation and through the structural wall at the time of 09700120.doc 255  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 construction. So, this is really about making housing more affordable at the beginning and making housing more affordable when people are recognizing that right now this is driving up the cost of residential transactions." Davis, W.: "All right. I get the affordability on the back end, if the house is sold, I get that, but on the front end does it impact the cost and if so, how much are we talking?"

"I would say that it is not a large cost. I do have cost estimates that would suggest that this would be… it would be very minimal because essentially what the cost is is the cost of buying a length of PVC pipe. So, there are cost estimates that say that it might be a couple hundred dollars, but I would suggest that those cost estimates saying that it might be three or four hundred dollars are actually on the high end, but certainly compared to right now, recognizing 1200-1500 dollars for mitigation it is certainly a lesser cost. And really, I would argue that PVC pipe cost significantly less than hundreds of dollars." Davis, W.: "Oh, no, again, I'm not disagreeing with you, but again, if we're just talking about, affordable housing. I'm just curious to know how much it could impact the bottom line of what may be considered affordable and does it push the cost up significantly in a sense that it's not affordable anymore since you're requiring this be a part…"

"Right." Davis, W.: "…of the construction process."

"Right. And so, Representative Davis, the high end estimate is that this would cost $400 and again, that's at the high end, a total of $400 for labor and for laying the 09700120.doc 256  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 PVC pipe. So, given the total cost of building new residential construction, I don't think that this would drive up the overall cost." Davis, W.: "Thank you."

"The Lady moves passage of House Bill 4665. All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Brady, Sosnowski. Mr. Clerk, take the record. 96 voting 'yes', 12 voting 'no', 0 voting 'present' and House Bill 4665 is declared passed. On page 12 of the Calendar is House Bill 5341, Representative Beiser. Read the Bill."

"Representative Beiser on Floor Amendment #2."

"Yes. Floor Amendment 2 does… is a gut and replacement. It does three things to the Pawnbroker Act. It allows a prosecutor to retain custody of the property after issuing a hold order until the disposition of the criminal proceeding. The courts find that the property… number 2) if the courts find that the property was, in fact, stolen, the prosecutor must return it to its lawful owner under a court order; however, if not determined to be stolen, must be returned to the pawnbroker. And number 3) if it stipulates that it be returned to the rightful owner, the defendant… the property stolen has to be returned to the property 09700120.doc 257  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 owner or the defendant must pay restitution to the pawnbroker in the amount originally sold plus any attorney and court fee costs."

"The Gentleman has moved adoption of Floor Amendment #2 to House Bill 5341. All in favor will say 'yes'; opposed say 'no'. In the opinion of the Chair, the 'yeses' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Read the Bill."

"The Gentleman… the Gentleman from Madison, Representative Beiser."

"Thank you, Mr. Speaker, Members of the House. This is a Bill that I brought from a constituent who had a unfortunate circumstance regarding this type of activity. I worked with the Pawnbroker's Association. This is their language. It's an agreed to Bill. I'd be happy to answer any questions."

"The Gentleman has moved passage of House Bill 5341. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Acevedo, Kay, Mulligan. Representative Mulligan, do you wish to be recorded? Mr. Clerk, take the record. 108 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 5341 is declared passed. On page 13 of the Calendar is House 09700120.doc 258  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Bill 5586, Representative du Buclet. Mr. Clerk, read the Bill."

"Representative du Buclet on Floor Amendment #2." du Buclet: "Thank you, Mr. Speaker. I'd like to adopt the Amendment #2 to House Bill 5586."

Speaker Mautino: "And the Lady moves adoption of Floor Amendment #2 to House Bill 5586. All in favor say 'yes'; opposed say 'no'. The opinion of the Chair, the 'yeses' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Read the Bill."

"The Lady from Cook, Representative du Buclet on House Bill 5586." du Buclet: "Thank you, Mr. Speaker and Members of the House. Today I'm presenting House Bill 5586 which focuses on the care of residents affected by the proposed closing of Tinley Park Mental Health Center. The Governor has proposed moving these individuals to community care settings or private hospitals and he's laid out a basic budget amount for their care. This Bill would allow… this Bill as amended 09700120.doc 259  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 says that when the state contracts with outside groups to care for these individuals the contracts must preserve the same basic legal rights."

"The Lady has moved passage of House Bill 5586. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor will vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Golar, do you wish to be recorded? Mr. Clerk, take the record. 108 voting 'yes', 0 voting 'no', 0 voting 'present', the House Bill 5586 is declared passed. Representative Arroyo, on the Calendar, page 13, appears House Bill 5531. Mr. Clerk, read the Bill."

"Floor Amendment #1, Representative Arroyo."

"Yes. I move to adopt Amendment 1 and move it to Third so I can call it on Third."

Speaker Mautino: "The Gentleman moves passage of Floor Amendment #1. All in favor say 'yes'; opposed say 'no'. In the opinion of the Chair, the 'yeses' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Read the Bill."

Speaker Mautino: "The Gentleman from Cook, Representative Arroyo on House Bill 5531."

"Thank you, Mr. Speaker. House Bill 5131(sic-5531) is a tuition waiver. This Bill will no longer provide tuition waivers to students of state university employees who make over 50 thousand annual salary. The Illinois Board of Higher Education receive over $2 billion annually for the… for the annual budget and they give away tuition waivers at four… at $414 million. Tuition waiver rates are… in our universities keep going up because we are paying 2.5 million… 2.5 percent for education of out of state children. Illinois cannot afford this any more."

"The Gentleman has moved passage of House Bill 5531. The Gentleman from Jackson, Representative Bost is seeking recognition."

"He indicates that he will."

"Yes."

"We have to draw the line somewhere. We could draw an Amendment…"

"We… we could… we could draw an Amendment to raise the cap if that's what you would like, Sir."

"The universities could still offer; it just won't be mandatory."

"Due to this budget times that we live in right now, I think that we have to draw the line somewhere. I amended the Bill to say that if you're… if you're at the start of the year, you can finish the year off, so it finish off in September." 09700120.doc 262  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"To the Bill."

"With 10 Members seeking recognition, we'll be… we'll go to the timer. And next to speak will be the Gentleman from Cook, Representative Lyons for three minutes."

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

"He indicates that he will."

"I'll be brief, Mr. Speaker. Representative Arroyo, we had this Bill in committee this morning, in Executive, and we had some good conversation on this. But one question I failed to ask in committee and would like to ask you, have any of the universities either collectively or one of them offered you an alternative. You had any conversations with any of them?"

"Negative, Joe."

"Okay. So, not one of them, knowing this Bill has been out here, have approached you to say, well, could we back this off or could we make it less of a contribution? Ladies and Gentlemen, I said this in committee and I mean it now, if the State of Illinois is on the verge of bankruptcy, which we all know, we just passed Resolutions today to make sure that we stay within some spending limits, I'm very proud of every one of our universities here in the State of Illinois like everybody, all 118 of us, but if we're going to have to make some sacrifices, to quote the Governor, we all need haircuts, none of us will get scalped, this… this has to stay on the table. I support the Gentleman's initiative here. If for nothing else, keep the conversation going, send it over to the Senate, what if… if it becomes part of the final package or if this… a stand-alone Bill, 09700120.doc 264  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 let's not turn our back on something that does have some merit. So, I stand with you on your Amendment, Representative Arroyo and if it can be improved upon in the Senate, keep an open mind."

Speaker Mautino: "Further discussion? The Gentleman from McLean, Representative Brady."

"He indicates that he will."

"I didn't hear what you said, Sir."

"Every dollar they don't spend means they can spend that dollar elsewhere."

"Then there's… do you know how many scholarships they give away at the university…"

"…Representative? You know. What is the number you have?" 09700120.doc 265  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Okay."

"Can I… can I…"

"This is not appropriated, Representative."

"This is like the Representative scholarship. We don't give no money to… to the…"

"Please turn on Representative Brady's mic. I'd ask you…"

"…will you bring your remarks to a close."

Speaker Mautino: "Further discussion? The Gentleman from DeKalb, Representative Pritchard."

"He indicates that he will."

"It was heard in Executive Committee."

"With scholarship tuition waivers."

"Well, I'm not sure of that. I can't answer that."

"You have the…"

"…you have the opportunity to debate it on the floor, if you like, Representative Pritchard." 09700120.doc 267  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"You have the opportunity to debate it now."

"The purpose of the Bill is that higher education and the universities get $2 billion of funding and they give away 414 million of all this tuition waivers. We're not trying to eliminate all of them, but the majority of them. There is a big savings here that we could talk about and the tuition waivers are given out, you know, the General Assembly gives out 1500 tuition waivers."

"No, no… here. Do you know how many scholarships are given out to the univ… all the universities. They have 50… 45 thousand scholarships that are given out."

"I don't know if you guys know that."

"But it's not only employees' children. You got… you got tuition waivers from faculty, administration…"

"I didn't hear that. What was that?"

"This is intentioned to have the universities look more carefully at how they distribute the tuition waivers."

"To the Bill."

"Further discussion? The Gentleman from Cook, Representative Dunkin."

"Mr. Speaker. You know, this is a… quite an interesting debate. As the chairman of Appropriations for Higher Education who have… actually have the… I have more colleges and universities in my district than any Legislator here combined, downtown Chicago, the near south side, more than any one here in this room. Now, I get a scent… excuse me… a whiff of hypocrisy here. And that whiff of hypocrisy speaks very similarly to the legislative scholarships. How interesting. Here you have about half of us utilizing our legislative scholarship and most of us have committees that 09700120.doc 269  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 make 90 to 100 percent of the decisions just like my legislative committee, which is diverse from socially economically from one extreme to the other making reasonable evaluative assessments of people, young and old, undergrad and grad school, making decisions. And so, now, here we… we're looking at $413 million in legislative waivers compared to roughly… what's half of 13 is what 65… 6 million 500 waivers. Now, this privilege and it's interesting to listen to my colleague who have major universities in their district, now all of a sudden legislative waivers, which is what this Bill addresses, now it's an issue. Now, it's a handicap when it comes to giving and allowing president and university administrators and deans of colleges to do a waiver on some with or without committees, some at the discretion of whoever's leading that particular department or that university or that college that we pay for. That's an interesting disposition for us to be in. And so, the truth is you don't throw the baby out with the bathwater. So, all the Legislators, somehow we get a press pop on how bad and antiquated legislative waivers are even though somewhat… most of us have a sophisticated process of evaluation, but this is different. That's quite interesting. I think it's high time for us to air this out and discuss all the merits of all of the $413 million of leg… of waivers. You can call it legislative… legislative waiver. Here, I'll be more specific. You can call it administrative waiver, employee waiver, foreign exchange student waiver, athletic scholarship waiver, academic waiver…" 09700120.doc 270  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Representative Dunkin, can you bring your remarks to a close."

"Yes, Sir. So, I ask the Sponsor of the legislative scholarships that passed overwhelmingly here in this Body how much did the legislative scholarships cost and who it was costing? There… the fact of the matter is there is no cost; it's a waiver. It's merely a warm body in a seat in a room where there's going to be bodies anyway. So, if we're going to be consistent and we're going to be consistent, that means every single waiver, being a legislative waiver or a academic waiver and all the other waivers that equal in value $413 million, should go down as well. I'm going to be watching very interestingly all of us here and what are vote is and see if we can be consistent 'cause most of us do not know or can attest if those particular committees or those universities have a process as most of us did and most of us do. So, again, this whiff of hypocrisy I hope that's not… that's not… I hope we're consistent here. Let me put it like that on a positive note. So, as a chair of Appropriations…"

Speaker Mautino: "Further discussion? The Lady from Will, Representative Kosel."

"Representative Kosel."

"Representative Arroyo."

"This is for the nine public universities." 09700120.doc 271  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Well, there's a lot of miscommunication…"

"…in this chamber. That's the problem. People are using different numbers and saying a bunch of things, but a lot of what they're saying is not true because it's benefiting to the people that are telling you."

"Yes, Ma'am."

"Could you restate that question, please?"

"My Bill doesn't do nothing with hiring a professor or anything. Just talks about the tuition waiver itself."

"Absolutely not."

"Mr. Speaker, I would like to address something about and let the Body know where the money and who is getting the most tuition waivers. The most tuition waivers 2… 2.4 percent go to foreign exchange students with our tax dollars, 2.5 percent go to out-of-state students with our tax dollars, 2.6 percent goes to foreign students from out of state. We're paying other peoples' education with your tax dollars. We're here to save the State of Illinois tax dollars, so let's show… let's show that today and get rid of these tuition waivers for the people of out of… our state. The General Assembly has waivers to our Members and they can live outside the district. If you live a block outside the district, you're in… you're in penalty. You get penalized, but we're paying like 7 or 8 percent to our students from out of state. I don't know where we're… what we're talking about here. I don't know. I'm confused. But anyway, I'm always confused anyway, but you guys are going to set me straight and tell me what I'm doing wrong."

Speaker Mautino: "Ten Members seeking recognition. Representative Kay."

"Yes, he will."

"Can I continue with… My mic is on. Can I con…"

"Actually, it's Representative Kay and I will restart your three minutes."

"Proceed."

"I thought we were on Short Debate, Mr. Speaker."

Speaker Mautino: "He has asked you questions and you can reserve your comments for close, but it is his three minutes as this point."

"Thank you."

"While I check the rules on here, why don't you go ahead with your three minutes and I haven't seen you joined by the appropriate numbers for unlimited debate. So, proceed with your questions."

"The Board of Higher Education."

"And the analysis… the analysis I got was from the…"

"…University Office of Planning and Budgeting."

"Right."

"Kay."

"Representative, I can't hear you."

"No matter where you start, we have to start somewhere, it…it's…"

"I'm willing to… I'm willing to…"

"…amend the Bill when it gets to the Senate and we can talk about…"

"…capping and put a higher cost on."

"I mean, there's a lot of ways of doing this."

"I don't have… This has nothing to do with hiring anybody in the State of Illi…"

"This is…"

"This is only tuition waivers. It has nothing to do with hiring anybody for any university."

"These are high… you're talking about the high paying professors. There's some… there's a guy named Mike Hogan…"

"I'll get back to you on that. I can't… I don't have the answer for that."

"Kay, if those professors would have came and talked to me, I could amend the Bill and we could have talked about it. None of those professors came and talked to me about my Bill."

"Grant the Gentleman another minute."

"This has nothing to do with that, Kay. And I'm still willing to sit down and try to work with this to try to put an Amendment on the Senate side to satisfy the people that have a problem with this."

"This is just step one to this tuition waiver Bill."

"Well, I tried."

"Further discussion? There has been a request for unlimited debate. I will set those at five minutes. We have 10 people seeking recognition. Next… next speaker will be Representative Jakobsson."

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

"Indicates that she will."

"Representative… Representative, have any of the universities asked you to introduce this Bill?"

"Absolutely not."

"No?"

"No."

"Do you have any support from any of the universities?"

"I… I talked to Mr. Kay and I told him that none of the universities came to talk to me about this Bill. So, I've had no conversation with any of the universities."

"All right. But none of them asked you to support this Bill."

"No."

"How much… I just want an answer to this part of the question. How much do the faculty and staff waivers cost the universities?"

"Could you repeat the…"

"Not… not all of the waivers that are given. I just want to know these particular waivers that you're trying to eliminate. What do they cost?"

"Eight point one million in 2011." 09700120.doc 278  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"And you've broken that out from that larger amount that you were giving us earlier when you were talking about the cost of waivers?"

"That's what the value is."

"You also said something about waivers being used for out-of-state tuition."

"Yes."

"Can you tell me how these waivers, these faculty staff waivers that are part of their compensation package, how do they go out of state? I don't understand that…"

"This is for out-of-state students…"

"…so, I need you to help me understand."

"…students that come from another state come to our schools on a tuition waiver. They could also afford to pay for it."

"They come to a tuition waiver because their parents work at the universities and yet, their kids live out of state?"

"No. The professors waive their tuition waiver so they can come to our schools. They don't work in our schools."

"But, we're talking about the tuition waivers that the faculty and staff get for their children. So, are you saying that their children… they send them out of state to live somewhere else but then they bring them back into state when they're ready to go to school, go to college?"

"This is the same thing as an athletic waiver or any other kind of waiver. They just come from other states to receive the waivers." 09700120.doc 279  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"The children of the faculty and staff come from other states. Is that what you're telling me?"

"No, no."

"Well, that's what I'm asking 'cause you…"

"We give them tuition waivers because they come from another state."

"But we're not talking about other tuition waivers. I thought your Bill had to do with the faculty and staff waivers."

"They're part of the total number we gave you."

"Well, I think you're avoiding answering my question. To the Bill."

"To the Bill."

"Representative, do you un… Well, everybody, this… these waivers and it's been said earlier, but these waivers are part of a compensation package. They're not part of your compensation package or Representative, over here to my left, it's not part of his compensation package, but they're part of the compensation package of the people who work at the University of Illinois. And the universities budget for these waivers. They know when they offer the positions to the faculty and the staff that if they stay at their universities long enough they will have the opportunity to avail themselves of this waiver for their children. So, I would encourage a 'no' vote on this Bill."

"Further discussion? Representative Zalewski. Out of the record. Representative Watson."

"The Gentleman has moved previous question. All in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'yeses' have it. And the question is put. Representative Arroyo to close."

"I think that this is an important Bill to save some money, but I have a question for one of my colleagues that asked me some questions about…"

"You have the opportunity to explain your position in your close."

"I want to talk about a question I got from one of my colleagues about that if I was asked certain questions. So, I want to ask my colleague, has she come to talk to me about the scholarship waivers? I want to ask Naomi Jakobsson… I want to ask Naomi Jakobsson… I'll… I'll urge you an 'aye' vote, please."

"The Gentleman moves passage of House Bill 5531. All in favor will vote 'yes'; opposed will vote 'no'. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Feigenholtz, Nekritz, Poe, Yarbrough. Mr. Clerk, take the record. 26 voting 'yes', 75 voting 'no', 7 voting 'present', and House Bill 5531 is defeated. Representative, on the Order of Post… Excuse me. Representative Rita, House Bill 4313 appears on page 7 of the Calendar. Representative Acevedo."

"On the last Bill, my button was pressed 'present', but I'd like to be… let the record reflect that I wanted a 'yes'." 09700120.doc 281  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"The Journal will reflect your intentions. Representative Rita on House Bill 4313. Mr. Clerk, read the Bill."

"Out of the record. Representative Thapedi, House Bill 5823 appears on Third Reading, page 19 of the Calendar. Read the Bill."

"Representative Thapedi."

"Thank you, Mr. Speaker. May I have the status of this Bill 'cause there's some housekeeping that needs to be done with respect to this Bill?"

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

"Okay. Preliminary I'd like to move it back to Second and add an Amendment."

"Please place this Bill on Second Reading. Mr. Clerk, are any Amendments pending?"

"Representative Thapedi on Floor Amendment #1 to House Bill 5823." 09700120.doc 282  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Thank you, Mr. Speaker and Members of the House. House Bill 5823 and more specifically Floor Amendment #1 addresses the wrongs in the adjudication of health care liens in Illinois. The legal community and the health care community are committed to resolving this issue and have joined together in this Bill to cure any defects with respect to the adjudication process. I have met with the Illinois State Medical Society. I've met with the Trial Lawyers, the hospitals, the Illinois State Bar Association and also the nursing homes who will not be a part of the final Bill, the Chicago Bar Association and the medical transport community. Amendment #1 is the agreed upon language that will go forward to the Senate where additional work will be done. And I'd like to adopt the Amendment now, if I may."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #1 to House Bill 5823. All in favor say 'yes'; opposed say 'no'. The opinion of the Chair, the 'yeses' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"

Speaker Mautino: "Representative Thapedi on Floor Amendment #2."

"Thank you, Mr. Speaker. As I said earlier, Amendment #1 is the intention to be the Bill; therefore, I'd like to withdraw Amendment #2."

"The Gentleman withdraws Amendment #2. Mr. Clerk, any further Amendments?" 09700120.doc 283  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"Third Reading. And read the Bill."

"Representative Thapedi."

"Thank you, Mr. Speaker. As I said a little earlier, there is no opposition at this point. I've had detailed discussions with the Illinois Medical Society. It's my understanding they have advised everyone in the chamber that there is no objection at this point from the Illinois State Medical Society. It's our intention to pass the Bill now, continue with the negotiations in the Senate. And I'm asking for an 'aye' vote. Thank you."

"The Gentleman has moved passage of House Bill 5823. The Gentleman from Lake, Representative Sullivan is seeking recognition."

"Further discussion? Representative Lang."

"Will the Sponsor yield?"

"He indicates that he will."

"Thank you. Representative, I was talking to somebody else and I may not have heard this. Did you mention the impact on nursing homes on this Bill?" 09700120.doc 284  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"I did mention the impact and I indicated that the nursing homes would not be a topic of discussion in this Bill. They will not be involved in the Bill whatsoever."

"And will they be specifically exempted in the final version of the Bill?"

"They will indeed."

"Thank you."

"Further discussion? Representative Moffitt."

"Yes."

"I…"

"Yes."

"Who are you referring to?"

"The Hospital Association has no objection. Again, as I indicated earlier, perhaps that I didn't and I should probably do so now, I want to thank the Illinois State Medical Society for taking the lead on behalf of the health care industry. I'd also like to thank the Illinois Trial Lawyers for taking the lead on behalf of the legal community and with those two groups discussing and speaking 09700120.doc 285  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 for the various interested parties, this is the agreement at this point that's prepared and right to go to the Senate."

"There are no opponents as we sit here today now."

"The Gentleman has moved passage of House Bill 5823. All in favor will vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Barickman, Brauer, Lang, Unes. Mr. Clerk, take the record. 83 voting 'yes', 26 voting 'no', 0 voting 'present'. House Bill 5823 is declared passed. House Bill 5452, on the Order of Postponed Consideration, Representative Gabel. Read the Bill. Representative Bost."

"The record will reflect. Can you bring down the noise level in the chamber, please? We've had a request from Members to bring the chamber noise levels down. House Bill 5452, Representative Gabel."

"Thank you, Mr. Speaker. This Bill addresses audit findings and makes a few technical changes that make some provisions discretionary rather than mandatory. Last time there were some issues raised about the activity of the fund and those issues have been clarified and resolved. So, I ask for an 'aye' vote." 09700120.doc 286  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

"The Lady has moved passage of House Bill 5452. And on that question, Representative Pihos."

"She indicates she will."

"The Lady moves passage of House Bill 5452. All in favor will vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Saviano, Winters, do you wish to be recorded? Mr. Clerk, take the record. 108 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 5452 is declared passed. Representative Harris, on 09700120.doc 287  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 Postponed Consideration appears House Bill 4324. Read the Bill. It's on… Mr. Clerk. Representative Harris." Harris, G.: "Thank you, Mr. Speaker, Members of the House of Representatives. Thank you for allowing me to explain to some of you, you know, where some confusion might have been in this Bill. This is correcting one word in a piece of legislation that was passed last year, signed into law by the Governor. It affects only my district and no other. I would appreciate very much an 'aye' vote to help out the businesses in my community. Thank you."

"The Gentleman has moved passage of House Bill 4324. All in favor will vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Gaffney, Lilly, Saviano. Mr. Clerk, take the record. 66 voting 'yes', 42 voting 'no', 0 voting 'present', the House Bill 4324 is declared passed. On the Order of Postponed Consideration is House Bill 5182, Representative Monique Davis. Mr. Clerk, read the Bill. Representative Davis." Davis, M.: "Thank you, Mr. Speaker. House Bill 5182, we had difficulty because there was an error in the analysis on our computers. There is no opposition to this Bill. We talked to the Chief of Police. There is no opposition to this Bill. Representative Reboletti agrees with this legislation. And we just ask for a favorable vote. Thank you."

"Lady moves passage of House Bill 5182. And on that question, the Gentleman from Cook, Representative Durkin." 09700120.doc 288  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012

Speaker Mautino: "Further discussion? The Gentleman from DuPage, Representative Reboletti."

"The Lady from Cook, Representative Davis to close." Davis, M.: "Thank you, Mr. Speaker. There is absolutely nothing in this Bill that would prevent a judge from sentencing or holding a person who has some kind of horrible crime. The Bill clearly states that if it's a nonviolent first offender who has employment that they would be remanded to come back to court but not held and lose their employment. This Bill in no way talks about people that has a lot of drugs. A judges say that he even thinks that person may not return has a right to put bail on them and hold them until the hearing. I ask for an 'aye' vote. Thank you."

"The Lady moves passage of House Bill 5182. All in favor will vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. 62 voting 'yes', 09700120.doc 290  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012 45 voting 'no', 0 voting 'present', and House Bill 5182 is declared passed. Mr. Clerk, Agreed Resolutions."

"Representative Currie now moves adoption of the Agreed Resolutions. All in favor say 'yes'; opposed say 'no'. The opinion of the Chair, the Agreed Resolutions are adopted. Mr. Clerk, committee announcements."

"And now… Representative Mulligan is seeking recognition."

"The record will so reflect. And now, allowing perfunctory time for the Clerk, Representative Currie moves the House stand adjourned to Friday, March 30 at the hour of 9:30 a.m. All in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'yes' have it. The House stands adjourned." 09700120.doc 291  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 120th Legislative Day 3/29/2012