Illinois House Floor Debate — May 28, 2012

"Happy Memorial Day, 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 Doctor Milton Bost, who is with the Chatham Baptist Church in Chatham, Illinois. Dr. Bost is the guest of his brother, Michael Bost. Members and guests are asked to please refrain from starting their laptops, turn off all electronic equipment and rise for the invocation and the Pledge of Allegiance. Reverend Milton Bost."

"As has become our tradition on Memorial Day, I want to recognize and ask them to lead us in our Pledge: Representative Bost, Representative Chapa LaVia, Representative Costello, Representative Farnham, Representative David Harris, Representative Jefferson, Representative Krezwick, Representative Jerry Mitchell, Representative Riley, Representative Rosenthal, Representative Sacia, Representative Watson. We appreciate you serving our country, and we ask you to do us the honor of leading us in this Pledge of Allegiance." 09700145.doc 3  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

Speaker Lyons: "Roll Call for Attendance. Majority Leader Barbara Flynn Currie, how are the Democrats doing today?"

"Thank you, Speaker. Please let the record show that Representatives Feigenholtz and May are excused today."

"Thank you, Leader. Reverend Bost's brother, Michael, how are the GOP today?"

"Thank you, Leader. Mr. Clerk, take the record. We have 109 Members responding to the Roll Call, there's a quorum present. We're prepared to do the work of the people of the State of Illinois. Mr. Clerk. Leader Bost."

"There's no committees, Mike, so go ahead."

"Welcome, Mrs. Bost. Spencer, happy birthday. Have a great year. Leader Schmitz, for what purpose do you seek recognition, Sir?" 09700145.doc 4  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Please proceed, Tim."

"Congratulations, Alex. Good to see you here. Keep an eye on dad, please. Representative du Buclet, personal privilege." du Buclet: "Point of personal privilege. Another introduction of a child. I have my son, Julian with me, who's also 19. He just finished his first year of college at Syracuse. I drug him down here, so he could see what we do. And I just wanted everyone to welcome him and say hello."

"The Orange. Welcome to Springfield. Glad to have you. Representative Walsh, personal privilege."

"Thank you, Mr. Speaker. I'd like to introduce, today, my daughter, Katelynn Marie, her first time in the House. She is a recent graduate of Morris High School and with high honors and looking forward to attending Western Illinois University this fall."

"Katelynn Marie, welcome to your Capitol. Enjoy being a Leatherneck out there in western Illinois. Representative Costello, personal privilege." 09700145.doc 5  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Point of personal privilege, Mr. Speaker. Thank you. I would just like to personally thank all the veterans and all those who have served in the U.S. military. I'd like to also thank all the policemen, firefighters and emergency workers as they serve our country as well. Memorial Day is a wonderful thing that we have in this country to remember all those who have served and died. While we certainly don't have a perfect form of government as a democracy, there's no other form of government that's any better, and we live in the greatest country on the face of this earth. Thank you."

"Thank you, Representative Costello. Ladies and Gentlemen, we're doing some Third Reading Bills, skipping around a little bit, but I'll start on page 4. There's Senate Bill 1351, Representative Greg Harris. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Greg Harris." Harris, G.: "Thank you, Mr. Speaker and Members of the House. There are a number of items in this Bill, many of which are cleanup language to make our home services program language parallel to what's required of us by the Federal Government. There are two things in here that are very important that I want to draw your attention to. One is a provision that would allow cost-sharing for folks who are involved in the home services program, which is in line with the Medicaid reforms we did last week. And another 09700145.doc 6  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 which was the Amendment we put on the Bill last week that took out language that could potentially be used as a Medicaid expansion so that that language is no longer in there. 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 McHenry, Representative Jack Franks."

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

"Sponsor yields."

"Representative, you said the Bill does a few things to go in line with the Medicaid cuts from last week. What do you mean by that?" Harris, G.: "There… the Bill spells out that there can be cost- sharing, so that there might be a copay. There might be some other kind of deductible that could be applied to persons who are receiving services under the home… home services program."

"Besides the copay, is it limiting any other access, or are they throwing people out who might have been part of this?" Harris, G.: "No. No, it does not… it does not change the services available. It does not increase or eliminate them."

"Okay. I just wanted to make sure what all…" Harris, G.: "No. This is not…"

"…this did." Harris, G.: "…this is not a cut or any such thing."

"I'm sorry. It's not a what?" Harris, G.: "It is not a cut." 09700145.doc 7  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Thank you."

"Any further discussion? Seeing none, all those in favor of the passage of Senate Bill 1351 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. Leader Acevedo, would you like to be recorded? 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. On page 5 of the Calendar, Ladies and Gentlemen, continuing with Senate Bills under Third Reading, Representative Beiser, you have Senate Bill 2822, Dan. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker. This is IDOT's land conveyance Bill. Their annual Bill that… the parcels that they no longer need for projects that are already completed."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the passage of Senate Bill 2822 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? Franks. Penny. Mr. Clerk… Scott. Take the record. On this Bill, there's 108 Members voting 'yes', 1 Member voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. 09700145.doc 8  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Representative Michael Fortner, on page 5 of the Calendar, you have Senate Bill 2837. Read the Bill, Mr. Clerk."

"Representative Mike Fortner."

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

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

"The Sponsor yields."

"Representative, I think this is a great idea. If the card says they're a veteran, you're saying in the Bill that effectively replaces a DD214 for the purposes of certification of veteran status?"

"So, if they apply for a job where a veteran gets special status say for instance, a state job where there's veterans preference, and they simply now only have to provide their driver's license to the… to the CMS to get the veterans' preference?"

"To the Bill. This is a great idea. Oftentimes, veterans, you know, when they realize the job market is light, they don't keep good track of their DD214s. They're not exactly easy documents always to track down. I urge an 'aye' vote."

"The Chair recognizes Representative Linda Chapa LaVia."

"Thank you, Speaker and happy Memorial Day. Thank you…"

"You too."

Chapa LaVia: "…Leader Lyons for the acknowledgement this morning. Will the Sponsor yield?" Speaker Lyons: "Sponsor yields."

"Representative Fortner, how are they… how are we going to inspect this? Where… what is the control as far as finding out whether somebody is falsifying information or not?"

Chapa LaVia: "Right. So, once somebody finds out that somebody's falsified information, what's the process though? That's what I'm trying to get to 'cause we've even had, maybe not in our state but other states, we've had Senators falsify documentation that they were veterans. So, I'm just trying to see what the…"

"Right, is illegal."

"But then who's going to inspect to make sure that they are or aren’t. That’s what I'm saying. The manpowers…"

"Okay. Okay."

"Okay. I want to thank you for running this Bill. We've been trying to push the likes of this Bill for a while with Secretary White, and we've always gotten pushed back because of the cost that is incurred by the personnel and the time to actually document all these things into the 09700145.doc 11  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Secretary of State's database. And I think this is an amazing tool for a lot of things, not just veterans, but if somebody eventually, when we do pass conceal and carry, think there are certain elements that should be recognized when somebody comes upon… law enforcement comes upon somebody that they can organize what that person's about before they actually enter by the vehicle. So, thank you and I strongly urge a 'yes' vote on this Bill. Thank you."

"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I am asking a question on this Bill because I had great memories of my brother returning from World War II. And on the way to Sunday school as a little girl, I remember him walking and how happy we were for his safe return. But my question to you is, what is the purpose of this Bill?"

"Representative Reboletti."

"Sponsor yields."

"Representative Mike McAuliffe."

"Sponsor yields." 09700145.doc 15  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Representative Fortner to close."

Speaker Lyons: "The question is, 'Should Senate Bill 2837 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Kelly Cassidy, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no', and 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Brady, on the middle of page 5, Dan, you have Senate Bill 3171. Read the Bill, Mr. Clerk."

"Leader Dan Brady."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the passage of Senate Bill 3171 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? Chris Nybo, André Thapedi, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 112 Members voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Barbara Flynn Currie, on the bottom of page 4 of the Calendar, you have Senate Bill 2578. Read the Bill, Mr. Clerk."

"Leader Barbara Flynn Currie." 09700145.doc 18  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Thank you, Speaker and Members of the House. This is an initiative… excuse me… of the Illinois Public Health Association and it is supported by, I think, virtually every public health department, a local public health department, county department across the state. This would expand the pool of people available… eligible to become directors of our state Department of Public Health. Today, you must be a medical dir… doctor in order to qualify. This would, instead, substitute a clear expertise and experience generally in the field of public health. And when it comes to the medical director, that individual would indeed continue to have to be an MD, and that individual would have clear control over some of the actual medical things that happen in that department. I'd be happy to answer your questions, and I'd be grateful for your support."

"You've heard the Lady's explanation. Is there any discussion? Seeing none… Representative Al Riley."

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

"Sponsor yields."

"Leader Currie, I was just curious as to… and I know what the Bill is trying to do, but why wasn’t a consideration for a doctorate in public health, you know, the main consideration rather than a masters degree… a DPH?"

"This… as I say, this was an initiative of the Illinois Public Health Association, and I think there was a concern that we not reduce the requirement any further than the doctorate degree. Apparently, they believe that there will 09700145.doc 19  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 be a very adequate pool of available candidates if we make this change."

"Thank you."

"Leader Barbara Flynn Cur… Leader Barbara Flynn Currie moves for the passage of Senate Bill 2578. 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 103 Members voting 'yes', 9 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Costello, on page 5 of the Calendar, you have Senate Bill 3241. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker and Members of the House. It's very fitting that on Memorial Day we run this Bill. It's the veterans' tax credit. So, this Bill would actually give tax credit to businesses that employ… employ unemployed veterans. This credit would be 20 percent of wages up to $5 thousand. The COGFA estimates on this… and very important for everyone to hear this… is that it would cost the state approximately $300 thousand. So, considerably less than, I think, most people would think. I think it's extremely, extremely important that we acknowledge our veterans and do whatever we can for those men and women who are coming home from Afghanistan and 09700145.doc 20  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Iraq. The second thing that this Bill would do is it allows counties and municipalities to abate property taxes for the spouses of fallen soldiers. This would create parity with what they're allowed to do with police officers, firefighters and rescue workers' spouses. And the third thing that this Bill would do is it would create a sales tax exemption for roof bolts in coal mines. And what I would tell you about that particular situation is from 1990 to 2003, the coal industry employed… excuse me. In 1990, the coal industry employed about 10 thousand people. From 1990 to 2003, that went down to approximately 3 thousand people. And currently up until about 2010 the industry has employed, oh, let's say, about, 3200 people. Just recently in the last year, the industry has started to grow, and now it employs about 4200 people. This exemption is extremely important for the coal industry which employs people in over two-thirds of the State of Illinois. I thank you. I would ask… answer any questions and I ask for an 'aye' vote. Thanks."

"Representative Rosemary Mulligan."

"Sponsor yields."

"No, Representative. I would disagree. I think it's a very pro-business, pro-Illinois, pro-jobs part of the Bill. 09700145.doc 21  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 As I said, if you look at the coal industry and the 10 thousand people that it used to employ, that went down to approximately 3 thousand and just in the last year, the coal industry has added, oh, approximately 33 percent in employment. I think it's very, very, very important for the State of Illinois to work with employers which…"

"Representative Mulligan, I think we've indicat… I think something's been indicated that Representative Mautino could answer that question. Frank, did you want to answer that question?"

"I can go ahead after her questions here. I just have legislative intent and a brief explanation on the coal side. So, I'll wait until her questioning is done." 09700145.doc 22  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Okay. Back to you Representative Costello on Representative Mulligan's inquiries on severability."

"Mr. Speaker and Representative, they're all related to the tax exemptions, obviously, and it's revenue."

"Representative Mautino."

"Thank you. And I simply rise in support of the legislation. And for the purpose of legislative intent, I wanted to go ahead and ask a question of the Sponsor. Is it the intent that this Bill be retroactive to January 2004?"

"It is."

"And there have been rulings that have allowed the tax-exempt status for mining equipment to be done under the manufacturers' exemption. I was the Sponsor of that a number of years back so that they would receive it in that 09700145.doc 23  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 other area of the Code. So, for legislative intent, sales taxes on the roof bolts have not been paid in the prior period, and what is… what does that mean here going forward?"

"So you know, Representative, it is not a case where the state would have to refund any moneys because these moneys have not been paid. To be truthful, this is more of a technicality, and it clears up the technical aspect to show that roof bolts in coal mines are not taxed."

"And without roof bolts, you do not have mining…"

"Correct."

"…for the people who have not grown up in mining areas. So, and for that reason, the letters of intent from Revenue have basically, in those rulings, maintained that tax-exempt status. It is proper to be in the Bill. This is a Bill affecting revenue, and it cleans up and it clarifies what the existing practice has been. So, it sets it into place, and no refunds will be asked for or paid."

"Correct. And again, in order to give tax credits to employers, these soldiers have to have jobs to come home to. The coal mines are in about two-thirds of the State of Illinois. Aggregate mines, which this would apply to as well, are in 69 of the 102 counties in our state."

"I appreciate your work. Vote 'aye'."

"Leader Mike Bost."

"Sponsor yields."

"It is retroactive, but they will not be able to go back and claim something after the fact. And the reason is is because this hasn't actually been paid as a tax. What's happened is in audits, in the audits that have happened in the coal mines and in the aggregate mines, some audits have found it to be tax-exempt, some have found it to not be tax-exempt. So, this is just clarity in a technical error, I believe."

"So, what would happen is a spouse of a fallen soldier, the municipality or the county would have the ability to abate taxes at any percentage with… which they deem."

"Absolutely. The county…"

"…or the municipality." 09700145.doc 25  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Correct. Just like they're able to do with the spouses of fallen police officers, firefighters and rescue workers."

"Correct."

"And Representative, I do completely understand where you're coming from, but I will tell you this. This is specific also parity to the language in the Bills with fallen police officers, firefighters and rescue workers. And that's how…"

"…we came up with the language. One second, please."

"Also, so you know, this is language that came out of Senate… or excuse me, yeah, Senate Bill 2503 which has 09700145.doc 26  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 already passed the Senate. It did not get to the House Floor."

"Yeah. And Representative, this was a Republican initiative. So, it's language that came from a Repub…"

"No. Listen. Listen. So, I… if you'll let me finish…"

"…please?"

"Okay. So, I would be more than happy to maybe, you know, we could expand on this later, but I believe that the current language is good language. And if we want to expand on this later…"

"…we can."

"And…" 09700145.doc 27  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"…and I agree with you."

"Thank you."

"Representative Rich Brauer."

"Sponsor yields."

"In the mining equipment, it specifically refers to roof bolts. And so you know, the question in the roof bolt issue is the fact that they're actually drilled into the roof of the mines. And so, you know, in these audits the question has been is it tangible property because it becomes a part of the mine. Okay."

"The roof bolts are designed, along with plates, to hold the mine roof, obviously and it is, you know, completely around safety so you don't have a cave-in." 09700145.doc 28  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Representative Dwight Kay."

"Sponsor yields."

"What I said is that's COGFA's estimate. So, currently the 10 percent, $1200 tax credit that's currently in place for the state, last year, it cost the state $33 thousand… 33 thousand, the entire state."

"Right. It says that it reported by the Department of Revenue."

"So, if we look at the situation right now, and you look at, like, for instance, the federal tax credit. In the State of Illinois, about 500 people have applied for that credit, but just over 200 have been found able to receive it." 09700145.doc 29  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"That's not my belief. As a matter of fact, the one thing that I do believe estimates are that over 2011 to 2016 in the country, we should have close to a million veterans coming back. And I'm hoping, obviously, every person we put to work, they're going to drive revenue. These tax credits for businesses, like I said, it's pro- business, pro-jobs, pro-Illinois."

"So, in order to qualify for this tax credit, they would have to have been unemployed for four of the previous six weeks."

"No, they would not."

"And I'm sorry. I misunderstood what you said. No, they'd have to work for 185 days…"

"…and I apologize."

"And I'm sorry. I misunderstood your question."

"Leader Jim Durkin."

"Representative Costello to close."

"For Representative Bost and Representative Durkin, I would be more than happy to work on future legislation and cosponsor future legislation to resolve some of this. I think this is a great Bill. It's good for veterans, it's good for jobs. I urge an 'aye' vote."

Speaker Lyons: "The question is, 'Should Senate Bill 3241 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? Barickman, Leader Kosel. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no', 2 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Chuck Jefferson, you have, on page 5 of the Calendar, Senate Bill 3257. Out of the record. On the bottom of page 5, Representative Cynthia Soto has Senate Bill 3320. Read the Bill, Mr. Clerk." 09700145.doc 32  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Representative Soto."

"Thank you, Speaker and Members of the House. House Floor Amendment #2 removes all references to the Department of Human Services Ambassador Pilot Program from 33… Senate Bill 3320 as amended by House Committee Amendment #1, which was adopted in Revenue and Finance Committee on 5/24/12. House Committee Amendment #1 adopted is a gut and replace Amendment which amends the State Finance Act, Illinois Lottery Law, and the Department of Public Health Powers and Duties Law to Civil Administrative Code of Illinois. House Committee Amendment #1 creates three special funds within the State Treasury, which will be funded through optional taxpayer checkoffs in the State of Illinois, income tax forms, which includes the Childhood Cancer Research. Those funds will go for pediatric research. The Children's Awareness Charity Fund which goes to Ronald McDonald House, the Housing… the Housing for Families Fund, Habitat for Humanity, the Hunger Relief Form, the Diabetes Fund, and also we have the HIV Quality of Life lottery scratch-off game. And I would appreciate an 'aye' vote. Thank you. And I'm open for questions."

"You've heard the Lady's explanation. The Chair recognizes Representative Rita Mayfield."

"Thank you, Speaker. To the Bill. Illinois is cutting HIV services and programs. In FY13, the budget is proposing to cut HIV services by $4 million. That's a 50 percent cut. A 50 percent cut for HIV services would break the back of 09700145.doc 33  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 our state's HIV prevention and care system. The human consequences are dire. More than 100 additional HIV infections will occur next year, adding 40 million in lifetime health care costs to the state. Five hundred sixty-three people with HIV will lose medical care, mental health services and other vital supports. These funds will not restore the 50 percent in GRF in the House budget, but it will allow our communities to help the hardest hit communities. Over the past two decades, the community response has been critical component to reducing new HIV and AIDS infections and increasing treatment. That is why it is critical that the General Assembly extend the quality of life Red Ribbon lottery. And I am asking for an 'aye' vote today. Thank you."

"Representative Soto to close."

"Thank you, Speaker. And I'd… appreciate an 'aye' vote."

Speaker Lyons: "The question is, 'Should Senate Bill 3320 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? Kent Gaffney, Karen Yarbrough, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 97 Members voting 'yes', 15 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Continuing on the Senate Bills-Third Readings, on page 6, Representative Will Davis, you have Senate Bill 3415. Read the Bill, Mr. Clerk."

"Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3415 is an initiative of the Illinois State Police, and it is an effort to reduce school violence. Under current statute, if a child is a victim of a certain criminal offenses in their home school, school personnel are mandated report… are mandated to report that type of abuse. However, if the same student is a victim of similar crimes while at school, there is no requirement for school personnel to report those incidences. The focus of Senate Bill 3415 is on those students that are victimized. It requires specific criminal offenses to be reported to law enforcement with the intent of reducing school violence, to keep the violence from escalating to the point that serious injuries occur and is ultimately aimed toward preventing a potential school shooting. Under the current School Code today, only attacks on school personnel are required to be reported. Students are also people, and they, too, deserve the same protection since they are indeed more vulnerable. I'd be more than happy to answer any questions."

"You've heard the Gentleman's explanation. The Chair recognizes Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Davis, M.: "Representative, is the Chicago Public Schools still opposed to this legislation?" Davis, W.: "Yes, I believe they are." 09700145.doc 35  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Davis, M.: "Chicago Public Schools is opposed to this legislation. And did they give you a reason?" Davis, W.: "I'm sorry?" Davis, M.: "Did they give you a reason?" Davis, W.: "They're concerned about the assault and battery being included in this Bill." Davis, M.: "I believe your Bill states that whenever an incident occurs, the principal has to notify the police before he or she notifies a parent. Is that correct?" Davis, W.: "Well, the police would ultimately notify the parents, but essentially what you said is correct." Davis, M.: "So, the parent would be the last to know?" Davis, W.: "The last to know?" Davis, M.: "The parent would be the last person to know?" Davis, W.: "Well, I guess if it's notifying the police and then notifying the parent, yes, you're correct." Davis, M.: "Well, I think some other organizations have a problem with that. And the feeling was that school personnel, they are usually very aware of children and their parents, and they would like to make the determination of who they should call first. For example, if a parent is working a long distance from that school and can't get there for a very long time, the principal might feel let me call… let me call the parent. I know how supportive they are. I know they'd want to be here. And then the question is, how many people want their children questioned by the police before they're available?" 09700145.doc 36  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Davis, W.: "Well, Representative, I don't think this is necessarily about questioning children. This is about reporting the incidences to the police first." Davis, M.: "So, in other words, we're removing the State Law that juvenile records are sealed and only a school or where that… where an incident occurs can have those records?" Davis, W.: "This has nothing to do with records, Representative. This is about reporting an incident." Davis, M.: "So, why we…" Davis, W.: "It has nothing to do with a juvenile's records." Davis, M.: "But if you're reporting an incident, you're reporting his record." Davis, W.: "I'm sorry." Davis, M.: "That's what you're doing. If you report an incident, it's not going to stay in the air. It's going to be written down someplace." Davis, W.: "Okay. I mean, we're talking about reporting an incident, and you're going all the way to sealing to whether or not a juvenile's records are sealed or not sealed, but we're talking about reporting an incident." Davis, M.: "So…" Davis, W.: "We're simply saying that the incident would have to be reported to law enforcement first. I assume that if there was an incident currently that you're right, the principal could call a parent, and then they'd call law enforcement. So, again, we're just switching the order. We're not necessarily suggesting that has anything to do with an individual's records being sealed or not sealed." 09700145.doc 37  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Davis, M.: "The Bill provides that instead of the principal notifying the student's parent after an incident the law enforcement agency must notify the parent." Davis, W.: "Correct." Davis, M.: "Instead of the school notifying the parent, the law enforcement agency notifies the parent. You don't see a problem with that?" Davis, W.: "Actually, I don't, Representative. If anything, the problem would be how a principal, who is not a law enforcement personnel, may report an incident versus how it may officially be reported by a law enforcement person. If anything, that's… I don't… I don't necessarily see a problem with that." Davis, M.: "Well, to the Bill, Mr. Speaker. We send our children to school, and when they're in school, the school becomes the parent. If an incident occurs currently, it is the authority of the school to notify the parent first, to notify the parent first and then the police can be notified. But to transfer the records of children, records that should be sealed, will now remove the privacy of juvenile behavior into the public. The Chicago Public Schools is opposed, and they rarely oppose what we do down here, very rarely do they oppose anything we do down here, but they realize that this is a piece of legislation that will criminalize children for the rest of their lives. There will be a record, public record, of what a juvenile has done, and who knows what can happen behind that. I know you have good intentions. I know someone gave you this Bill, but you have a child today. And you, as a parent, 09700145.doc 38  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 should want to know first if your child has violated any rules or any laws. Surely, you don't want the police called on a six-year-old first. How will a six-year-old respond if a policeman is questioning him without a parent in his… just around, just to be there. Every child deserves that right. Every child deserves a right of the protection of a parent, even when they've done wrong. Not that you condone it, but you're there to protect his or her rights. I urge a 'no' vote on this Bill. I urge a 'no' vote. Let's not criminalize our children. I urge a 'no' vote."

"Representative Reboletti, we do have about five or six speakers, so if you keep your comments within a reasonable time frame, we would all be very appreciative. Representative Reboletti."

"Sponsor yields."

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

"Sponsor yields." Mitchell, J.: "Representative, why have the Chicago Public Schools opposed to this Bill?" Davis, W.: "I'm told that they're concerned about assault and battery being included in this list of particular offenses." Mitchell, J.: "Isn't there an increase in the reporting structure as well…" Davis, W.: "I'm sorry?" Mitchell, J.: "…and don't they have… I said, I believe there's an increase in the reporting structure as well in this Bill that causes them to file more reports, one with the State Board of Education, one with the police department. Isn't that also a concern?" Davis, W.: "I'm told that the answer to your question is no, and that the Board of Education, State Board of Education, is subsequently notified by the police department… by State Police, I'm sorry." Mitchell, J.: "Okay. And there's a couple of more opponents to this Bill. Why would the Juvenile Justice Initiative be opposed to your Bill?" Davis, W.: "I'm told that they're more interested in seeing a more individualized approach to, I guess, addressing these types of concerns." Mitchell, J.: "So, in other words, it takes away any judgment or decision-making on the part of the school administration?" 09700145.doc 42  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Davis, W.: "You mean… hold on, let me make sure I understand you correctly, Representative, whether or not the individualized approach takes away ability from school personnel?" Mitchell, J.: "To make any judgments other than the immediate call in, in other words, to decide whether or not this warrants a call to the State Police?" Davis, W.: "Well…" Mitchell, J.: "It's almost an automatic thing. Whenever anything happens, they must report to the State Police." Davis, W.: "Well…" Mitchell, J.: "Is that correct?" Davis, W.: "…again, they just currently have indicated that they want a more individualized approach, maybe in the sense that every situation being different that they want to be able to look at every situation independently. I don't see how this necessarily groups individuals together, it's just suggesting that if a potential incident happens that this is how this incident is reported." Mitchell, J.: "And we've also got the health and disabilities advocates that are opposed to this. What's their reasoning?" Davis, W.: "They are concerned about students with special needs being lumped into some of these categories." Mitchell, J.: "Okay. Let's say the principal happens to be away from the school when a particular incident happens and he has not designated anybody to report this in his absence. What's the penalty for not reporting this?" 09700145.doc 43  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Davis, W.: "Well, we're told that it would be school leadership. So, presumably, at a school you have a principal; you probably have various assistant principals. So, school leadership in the absence of the actual principal would then have this responsibility." Mitchell, J.: "And what's the penalty if it's not recorded?" Davis, W.: "We're checking." Mitchell, J.: "What's the penalty to the principal if he doesn't report that within…" Davis, W.: "We're checking." Mitchell, J.: "…with the immediate?" Davis, W.: "Hold on. Hold on just a minute." Mitchell, J: "Okay."

"Representative Davis, I do have about four or five more speakers." Davis, W.: "According to the legislation, Representative, it says knowingly and willfully failing to comply with this is a petty offense." Mitchell, J.: "Representative, isn't there… the possibility of opening yourself up as an administrator to a lawsuit from an individual for reporting this if it's not founded?" Davis, W.: "Well, I guess in any circumstance, Representative, any incident that happens in the school, whether it's subject to this legislation or prior legislation, I think school districts are always subject to a lawsuit, and at that point, you have to let the legal process take its course." Mitchell, J.: "Well, but when you have 24 hours to make a decision on that, there's at least some built-in protection 09700145.doc 44  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 that's to having a little time to investigate the incident prior to reporting it to the State Police, and you find out that it's not as serious as you thought it was." Davis, W.: "Well, again, the idea, Representative, as the State Police have explained it, is that the idea is to stop certain things from escalating. So, while I guess some would disagree, I think the objective here is to err on the side of caution and to try to move in that vein versus not doing anything or not making the appropriate gestures and then ultimately something a little bit more serious happens in school when it maybe could have been prevented." Mitchell, J.: "And this is the… this is the reason why the State Police are in favor of this Bill is so that they can stop any escalation that they think may be happening within that school?" Davis, W.: "Well, the State Police also want to streamline the reporting process. But again, and I could run through a list of incidences that have happened at schools that they provided for me, but I think the objective here is to try to prevent these types of things from happening in our schools." Mitchell, J.: "Well, certainly it might help with the possibility of retaliation for an incident that has already happened in a school, but you have to wait till the attack or till the incident has happened before you report it, so it's not going to stop the incidents reported. Possibly escalation could do that. To the Bill, Mr. Speaker. Ladies and Gentlemen, I can understand where the State Police are coming from. I have some grave concerns about this Bill and 09700145.doc 45  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 some of the ways that it's worded. I'm not so sure that it's going to do what the State Police think it's going to do. I think you're going to find a lot of school officials and the Illinois Association of School Administrators taking a long, hard look at this Bill because of the concerns that have been already explained. I think you better think very seriously about how you vote on this. Thank you, Mr. Speaker."

"Leader Jim Durkin."

"Representative Cavaletto. Representative Mary Flowers."

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

"Sponsor yields."

"I mean, Sponsor yield? Representative, when I send my child to school, did I give up my rights as a parent?" Davis, W.: "I don't believe you did."

"Well, why is it that instead of you notifying me that they have to call the State Police?" Davis, W.: "Well, I don't think this is saying that if you notify the parent first, you don't notify the State Police. This is suggesting that you notify the State Police first, and then they have the responsibility of notifying." 09700145.doc 47  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Who has the responsibility, the State Police?" Davis, W.: "The State Police or the police department."

"But I didn't send my child to the State Police. I sent my child to school." Davis, W.: "Yes, Ma'am."

"And if there's something that happened on that campus, that school is supposed to notify me as the parent." Davis, W.: "Okay. I believe that's the way it currently is."

"And so this…" Davis, W.: "This Bill suggests that…"

"…Bill would be changing." Davis, W.: "…it would change."

"Oh, so now I'm acquiescing my authority over to some strangers, and I don't know what happened to my child, and they could report… it doesn’t say that the parent has to be notified within 12 to 24 to 48 hours. It just says that the state board must notify the Illinois State Police. So, there's nothing to say that I have to be notified at all." Davis, W.: "Well, I don't know… you said the state board?"

"The State Board of Education. It also clarifies that the data share in the…" Davis, W.: "Well, according…"

"…recording requirement of the State Board of Education and the Department of State Police." Davis, W.: "Well, according to what I am being told, as we think the legislation as drafted, the principal or school leader would notify police, then police would notify 09700145.doc 48  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 parents. And that's only for the offenses that we have listed here."

"Well, let me just ask this. Is a criminal… is a person that's charged with a crime, are they innocent until proven guilty?" Davis, W.: "I believe they still have to go through that process, yes."

"So, according to this legislation, a child is already guilty. According to what we have here, this Bill would require the State Police to be called and that the data must be shared with the district. The data must be… the State Board of Education shall compile the data by the school district and make it available to the public." Davis, W.: "Well, that's the collective data that's already shared. So, I don't know how, without going through a legal process, an individual is guilty."

"But if you call the police first, already you assume that my child has done something wrong, and you have found… you or someone has made the determination that my child is guilty." Davis, W.: "Well, that school personnel is the one making that call, Ma'am."

"And so I don't… I don't recall…" Davis, W.: "So, I guess they're making the decision."

"…that we've given any laws here or any rights here to a school personnel to be the final arbitrator whether or not a child has committed a crime or not and sentence them indefinitely to someone else interpretation of a crime." Davis, W.: "Okay." 09700145.doc 49  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"For instance, again, let's talk about the assault situation. Children assault each other every day, but they don't consider it as an assault. They consider it as playing around. You know, we… the kids… horseplay, you know, kids that, for the schools who do have recess, children push and shove each other every day. Now a teacher or a principal or an adult that work at the school may decide that this is a criminal offense, and they… by law, they have to contact the State Police because the children do child-like things on school property. And we're going to make that a criminal offense. Is that realistic, Representative?" Davis, W.: "Well, that's not a criminal offense necessarily. It's up to the school personnel to make that determination…"

"Oh, so…" Davis, W.: "…whether they feel…"

"…I asked the question, Sir. When did I acquiesce my authority as a Legislator to have school personnel to be the judge, the jury, and the executioner?" Davis, W.: "Well, they are…"

"And they can make a determination." Davis, W.: "…well, they are neither. Well, they are neither, Representative, but if a school personnel calls you, then they're still making a determination on your child, are they not?"

"Well, there's a difference. I'm the parent, Representative. You cannot compare the authority." 09700145.doc 50  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Davis, W.: "But you're making the distinction between who gets called first, not necessarily who makes the determination. In your previous example, you still have concerns about who makes the determination about your child. The school personnel is still making the determination about your child, whether they call you first or whether they call law enforcement first."

"Well…" Davis, W.: "Are they not? Are they not?"

"Representative, Representative…" Davis, W.: "Okay."

"…let's be realistic." Davis, W.: "I am just trying to answer your question."

"If they call… if they call me, if I'm called up to the school because my child has a behavior problem, I will come up to the school. I will talk to the principal. I will talk to the teacher. I will reprimand my child. I will take him or her home." Davis, W.: "Okay."

"If the police is called, the State Police is called, then the State Police will not necessarily call me. The State Police…" Davis, W.: "Well, no, they're supposed to call you by way of the legislation."

"Where's is it… is it in this legislation? Was it written in this legislation?" Davis, W.: "The local law enforcement agency will contact the parent."

"No. No." 09700145.doc 51  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Davis, W.: "It's in… it's in the legislation…"

"It's not in the legislation, so therefore, it's not required to do. Representative, let me just ask this." Davis, W. "Please."

"Are all adults right? Are all adults perfect?" Davis, W.: "No. I wouldn't necessarily say that."

"And so why is it that I would want to put this authority in the hands of an adult, knowing the things that we've heard about and know about that happened in the schools in regards to teachers trying to mess with the younger students, take advantage of them. And so, it'll be easy for a teacher to intimidate a child by saying if you don't do what I say do, this is what could happen. I could call the police on you and have you locked up." Davis, W.: "Well, I would like to think, Representative, that that same feeling of fear would exist, if they said I will call your parent on you, as well. Again, we're not suggesting… suggesting that school personnel don't… They already have that kind of discretion because, as you stated earlier, they can call you as a parent first. Correct? Well, they're already making a determination on the child based on whatever happened. This Bill just simply says they have to call law enforcement first. That's all."

"Ladies and Gentlemen, to the Bill. You know, I think we have done enough harm to our children. We are not educating them properly. We are not protecting them from the gangs, the crime, the drugs. And now because children will be guilty of children, we're going to take the keys and have them locked up. For what? For what? Because they 09700145.doc 52  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 happen to be a child, doing child-like things. This is a very, very bad Bill. I think all of us think very highly of our children, and this is not necessary. There's nothing that's going on in the schools that's so egregious that the State Police and everybody else have to be notified, and it has to be made public information before parents are found out. I would appreciate a 'no' vote on Senate Bill 3415. Thank you."

"Our final two speakers will be Representative Rose and Representative Sacia and then Will Davis to close. Representative Rose."

"Sponsor yields."

"Our final speaker is Representative Sacia." 09700145.doc 57  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Will Davis." Davis, W.: "Mr. Speaker, because of the interest or because of specifically what was said about developmentally disabled children, and I can certainly appreciate that response from the individual, I respectfully would like to withdraw this Bill from the record."

"After 30 minutes of a spirited debate, we'll take this Bill out of the record. And perhaps I will use the timer for the rest of the day, with all due respect. You're smiling now. We'll see after I start using the timer. Representative Hernandez, on page 6 of the Calendar, you have Senate Bill 3458. Out of the record. On the top of page 7, Representative Cross has Senate Bill 35… 3572. Read the Bill, Mr. Clerk."

"Representative Jil Tracy on Senate Bill 3572."

"You've heard the Lady's explanation on Senate Bill 3572. Is there any discussion? Seeing none, all those in favor of the passage of the Bill 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 and Chapa LaVia, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 85 Members voting 'yes', 26 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Dan Burke. Leader Burke, you have Senate Bill 3629 on page 7 of the Calendar. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Leader Dan Burke." Burke, D.: "Thank you, Mr. Speaker. This Senate Bill 3629, as amended, would limit the service credit available to park employees who work under the stopgap 6-month fiscal year proposed in the Bill to a half year's credit. Under the article, employees hired after 1973 are entitled to three- fourths of a year of service for working between 6 and 8 months. Those hired before 1973 are entitled to a year's worth of credit for 4 months of service. Employees working for the full 6-month fiscal year would earn 6 months' time for that service, not 9 or 12. Be happy to answer any questions."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is 'Should 09700145.doc 59  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Senate Bill 3629 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. Representative Jakobsson and Sente, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, back on page 6, Leader Lou Lang has Senate Bill 3497. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Leader Lou Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. As you know the state has now authorized the sale of online lottery tickets, but they had left Powerball out. So what 3497 does is allow the Department of the Lottery to sell Powerball tickets online. It also creates a lottery study committee and allows them to create rules but not emergency rules. Additionally, it gives them the authority to appoint investigators. This was an issue in committee, but the fact is that all of the investigators had recent… had previously been hired by the Department of Revenue, and all this simply does is allow them to rehire the same people so that they can do the work to investigate in the Department of the Lottery. Additionally, for legislative intent, before I forget to do this, relative to the lottery study committee to determine the impact of the Internet pilot program on lottery licenses and to determine the feasibility of the 09700145.doc 60  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 sale of stored value cards by lottery licensees as an option for playing the Internet games. For purposes of legislative intent, one of the two appointees to the study committee from the lottery licensee community shall be a representative of a statewide association representing petroleum marketers, and the other appointment shall be a representative from a convenience store doing business in the State of Illinois. I would ask your 'aye' votes."

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

"Sponsor yields."

"Can you ask your question again, Sir?"

"Representative, it's my understanding that all Amendment 1 did was delete the department's ability to create emergency rules." 09700145.doc 61  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Representative, the lottery has created rules that they have in place. Remember, we have two games that they sell online now. We're not reinventing the wheel. They already have two games. We're adding a third game."

"Nothing else has changed."

"I don't have that information with me, Sir."

"Let me just add this. When you set up… my guess is some people on this House Floor have signed up to buy lottery tickets online particularly when that mega million game was $8 bazillion, however much it was. And they go through a process when you apply to verify your age. I don't recall what it is."

"Sir, all we're doing is adding a game to the existing law."

"No. This has nothing to do with easier or not easier. We're adding a game. The original law that we passed allowed for two… two different lottery games to be sold online. We're simply adding Powerball is all we're doing. We're not reinventing the wheel. This is not any big deal gaming Bill. All we're doing is allowing the lottery to sell an additional game online."

"Representative Dennis Reboletti."

"The Gentleman awaits your questions."

"So, Sir, in the past, it was the Department of Revenue that did this work. The Department of Revenue had investigators, but the Department of Lottery was not authorized to do this. Since the Department of the Lottery is now going to be responsible for administering this and enforcing the law, they need the investigators."

"My understanding is that there will be people moving over or already maybe have moved over from Revenue to the Lottery." 09700145.doc 63  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"My understanding is no, but if somebody thinks I'm wrong, I suppose they can correct me, but I think that's my understanding."

"I'm sorry. I missed the question, Sir."

"Yes, Sir. You could go on your computer, although it's probably not a good idea right now and sign up to buy lottery tickets."

"That's correct, Sir."

"They are sworn officers, Sir."

"Representative Ken Dunkin."

"Thank you, Mr… Will the Sponsor yield?"

"Sponsor yields."

"Representative, I'm just curious. Some of us only play the lottery when the Mega Powerball is huge, and we're sort of a part of the hype, but when we go to those stores, we often make purchases as well. I'm curious. Is this a correct, on my analysis, where it has IRMA or the Illinois 09700145.doc 64  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Retail Merchants Association, they're supportive of this Bill?"

"The reason that they don't have a problem with the Bill is that we put the study commission in the Bill to determine what impact this will have on convenience stores and other members of that organization, and we can adjust this as we go. There's also the ability to talk about what we call stored value cards, where people could buy them at a convenience store or some other facility where people would have to go in and buy them and then use that to make purchases of lottery tickets online, rather than using a credit card."

"Okay. Maybe I missed this, but how do we police those individuals when they're on the Internet, online?"

"The department has rules in place that do that. And remember, all we're doing is adding a game. They already have rules in place on the other two games. I assume they'll adapt the same rules to an additional game."

"Okay. Thank you."

"Thank you."

"Leader Lang to close."

"Please vote 'aye'."

Speaker Lyons: "The question is, 'Should Senate Bill 3497 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, Davis, Hays, McAuliffe, Tryon. Mr. Clerk, take the record. On this Bill, there's 62 Members voting 'yes', 47 voting 'no', 1 Member voting 'present'. This Bill, having 09700145.doc 65  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 received the Constitutional Majority, is hereby declared passed. Going back to page 4 on the Calendar, under Senate Bills-Third Readings, we went through Bills that we knew Sponsors were prepared to run. Now, we'll kind of go through the entire Senate Bill-Third Reading Calendar again to verify if people are interested in moving their Bill. Representative Jack Franks, Senate Bill 408. Out of the record. Representative Cyndi Soto. Leader Acevedo, on page 4 of the Calendar, you have Senate Bill 1064. Out of the record. Leader Acevedo, on Senate Bill 1617. Out of the record. On page 6 of the Calendar, Representative Bradley, you have Senate Bill 3420. John Bradley on the floor? Out of the record. Representative Lisa Dugan, you have Senate Bill 3441 on the Order of Third Readings. Out of the record. Representative Mike Zalewski, on page 6 of the Calendar, you have Senate Bill 3514. Read the Bill, Mr. Clerk."

"Leader Lang in the Chair."

"Should we take a vote on it? Mr. Zalewski."

"It's good to see you, Leader Lang."

"Please proceed."

"Senate Bill 3514 is an initiative of the Illinois Medical District Commission, Mr. Speaker. We had to do several things under new leadership at the Medical District Commission to bring them up to speed after a change in… after a change in leadership. I'd be happy to answer any questions, but it deals with the status of the entity, what 09700145.doc 66  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 they can do with their assets. And it's pretty straightforward legislation. I ask for an 'aye' vote."

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

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

"Gentleman yields."

"Representative, what's a medical district?"

"Representative, I had a feeling you would ask about this particular piece of legislation. Illinois Medical District Commission is a body politic. It's a, hopefully upon the Bill's passage, it'll be unilocal governed that deals with the planned upon which several hospitals along the Eisenhower Expressway in Chicago sit."

"Why do we need to have a medical district? Why do we need another unit of government?"

"Well, Representative, several years ago, this Body created a body politic with its own board and its own management of that particular piece of property. All this Bill does is say that it's a unit of local government that shall be separate and distinct. It's a clarification more than it is creating another unit of local government."

"But if they're already somehow organized and it's private… is it private property or is it public property?"

"It's public property upon which sits private hospitals and non-for-profit hospitals and other medical…"

"So it's…"

"…facilities."

"…is the property owned by the village, or is it the City of Chicago who owns the property? Is there…" 09700145.doc 67  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"No. The Medical District Commission owns and operates the property."

"Right now?"

"Correct."

"And this would create a medical district."

"No. No, Representative, all this would say is in addition of being a body politic, we're simply clarifying that it's also a unit of local government."

"And what's the benefit of being a unit of local government?"

"So, what I… what I think the answer to that question is, Representative, is by being a unit of local government, the current director and the board over there has more flexibility in the management of their assets, and what they can and can't do and what they can do to reduce the problems that the previous administration had in that particular entity."

"Well, as a unit of local government, for instance, would they have the ability to exercise the right of eminent domain?"

"I don't believe so, Representative. I believe we cut this particular parcel property out when the hospitals were already on there."

"Would they have the ability to an… to do annexation?"

"Could you repeat that, Jack?"

"Would they have the ability to utilize annexation?"

"I don't believe so, Representative."

"Would they have the ability to institute a tax?" 09700145.doc 68  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Only… I don't believe so, Representative, 'cause that's not in the current statute with regard to the Medical District Commission right now."

"Well, then I don't understand what a unit of local government would do for them. If they can't tax, and they can't have eminent domain and they can't annex, what do they do?"

"Good question, Representative. What they do is they… they have assets, and they… they can leverage their assets for limited debt service. And that's the problem they're having is their debt service has been less than ideal and they can't do what they need to do to fix that issue under the current statute. They need to be a unit of local government and have more power."

"I appreciate your answers. I just don't really get it 'cause I know we've got hospitals where I live out in the country, and they don't need to be a unit of local government to take care of their issues. I just don't understand why this entity would need to become a unit of local government to handle their issues. Can you enlighten me or you don't know either?"

"I won't… I don't know that I'll ever be able to satisfy your concerns about the existence of the Medical District Commission. It was put in the statute for the management of that particular parcel of property. What I will say is the way the statute is constructed right now, for the purposes of the Medical District Commission to regain its footing financially, we need to make these changes in the statute to make it stronger, to make it 09700145.doc 69  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 clearer and to better manage that particular parcel of property."

"Do you know what that issue is? Could it have been a bond issue?"

"Crain's did a piece on this, Representative, a few months ago. My understanding is that the bond issues never met a certain ratio that they thought they would meet. I'm not a bond expert, so I don't know the exact specifics. When that happened, it put their status in jeopardy and the Governor made a change to fix the Medical District Commission's leadership. And Warren Ribley has stated that this is what he needs to fix that and to ensure that the stability of that particular area remain strong."

"Representative, was Amendment #3 ever adopted or just 1 and 2?"

"It was adopted, Representative."

"So, what Amendment…"

"Mr. Franks, could you bring your remarks to a close, Sir. There's still three people wishing to debate this Bill."

"I want just talk briefly about Amendment #3. That would take off the maximum cost of an audit by the Auditor General at 100 thousand? So, there could be an audit done on this by the state's Auditor General that could cost the taxpayers in excess of $100 thousand? Is that the meaning of that Amendment #3?"

"The Medical District would pay for the audit under Amendment #3." 09700145.doc 70  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"But where do they get their money from? That's what I don't get. If they're a body politic, where do they get their money?"

"They lease the property to the hospitals."

"But they don't own the property?"

"Correct. They're management… they're a manager. They're a property manager for that particular area along the Eisenhower Expressway where Rush… I don't… off the top of my head I forgot what else is over there, but there's a series of hospitals that sit over there that are upon the Medical District Commission's property."

"I'll let the other three people who probably have more intelligent questions than me go forward…"

"No. Those were good questions…"

"…but thank you."

"…Representative. I'm sorry I couldn't answer them better."

"There are still three people wishing to debate this Bill. Mr. Bost, Representative Mulligan, Representative Nybo, two minutes each. Mr. Bost."

"Gentleman yields."

"No, Representative. Yeah. I want to steer clear of that… of that perception that we're creating…"

"Well, I just don't want the Body to believe that we're creating a new body… we're creating a new unit of local government here. It already was a body politic. A body politic is its own government. What we're saying is, we're clarifying in the statute that it's also a unit of local government so that the management can more execute the powers that it's given."

"Mike, I can't hear you. Mr. Speaker…"

"Ladies and Gentlemen…"

"Ladies and Gentlemen, please. Please, let's pay some attention to the speakers on the floor. If you must speak, please go to the rear of the chamber and let these folks have their debate."

"They were a body politic. What we're adding is the language 'a unit of local government'."

"Correct."

"No, we're not. I don't want…"

"…I don't want to disregard what the Body has already done with regard to the Illinois Medical District Commission. Several years ago, I'm not sure which… when, this Body, the Senate, and then the Governor signed a Bill, which stated there would be a parcel of property that would be called the Illinois Medical District Commission that would have a board, that would have specific duties, and would have an executive director. That already exists. There's been some problems with that particular entity. We're trying to address those problems by inserting the language 'unit of local government', which makes it… their jobs that much easier to bring into line some of the problems they've been having."

"Mr. Bost, your time has expired, but I'll extend you an additional minute, Sir."

"I will acknowledge that under the Bill they have better abilities to manage the Medical District Commission than they had prior if this Bill were not to be enacted."

"Representative Mulligan for two minutes."

"Representative, I think you're correct in your assertion that it started out… its intent was to give the hospitals over there some of… some flexibility to purchase equipment. I think that's a perfectly fair representation, and I have a hard time disagreeing with what you said about the purpose of the district commission. I would say that its duties have grown, and we're, again, we're trying to simply modify its powers to ensure that it doesn't run into more financial trouble that… more financial trouble. So, I appreciate what you said. I think it's been helpful to the conversation as to what the Medical District was originally for. I would say its scope may have gradually increased over the last few years."

"Representative, your time has expired, but I'll extend you an additional minute."

"Mr. Nybo for two minutes."

"Gentleman yields."

"Correct."

"I don't know why your analysis says outdated, Representative. Following along with what we've been talking about under the new leadership, because of the unique nature of the Medical District Commission dealing with hosp… upon hospitals, and they're called upon to do, maybe, purchases and hiring of certain instances in the health care profession, the Personnel Code could be restrictive in that regard. So, what we're trying to say is if we're going to clarify what the purpose of the commission is, then the State Personnel Procurement Code shouldn't apply."

"What… I would argue that that… by striking that language, your assertion is correct, Representative, but I don't necessarily know that this Medical District Commission is currently hiring your PSAs and your SPSAs. They have very unique, specific calibrated needs at that commission. Part of the problem they're in, the troubles they're having is because they weren't able to do some of the things they were… they needed to do under their restrictions in the current statute. So, to fix the problems they have, we need to enact this Bill."

"Mr. Zalewski to close."

"To the Bill. I appreciate the concerns I heard from both sides of the aisle about the expansion and the purpose of this… of the Medical District Commission, but let me assert for the record, my intent that this not an expansion of government. This isn't something that would be considered, in any stretch of the imagination, creating a new unit of government that doesn't already exist. What you call it in the statute is up to the person reading the statute, but I can tell you right now that if we don't enact this legislation and don't give the new leadership at 09700145.doc 77  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 that Medical District Commission the tools that he or she needs going forward, we're going to be down here every year dealing with this particular issue. And I understand the concerns that were brought forth, but this is a very narrowly tailored piece of legislation that will enable the Medical District Commission to do its job in a narrow way. And I appreciate an 'aye' vote."

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Moffitt. Mr. Reis. Please record yourselves, Members. Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 57 voting 'yes' and 56 voting 'no'. And the Gentleman wishes Postponed Consideration. Next Bill on the Calendar is Senate Bill 3544, Representative Mussman. Please read the Bill."

"Representative Mussman."

"Thank you, Mr. Speaker and Members of the House. Senate Bill 3544 amends the Abused and Neglected Child Reporting Act by allowing the department to keep all prior unfounded reports of abuse and neglect beyond 12 months, if there is a pending report involving the same individual. Under current law, the report will be expunged after 12 months without exception. This is a recommendation of the DCFS Office of the Inspector General. There is no known opposition. I am happy to answer any questions." 09700145.doc 78  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"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 Mulligan. Representative Mulligan. Please take the record. On this question, there are 116 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 7 of the Calendar appears Senate Bill 3593, Representative Kelly Burke. Please read the Bill."

"Representative Burke." Burke, K.: "Senate Bill 3593 is an initiative of the Cook County Public Guardian. It amends the duties of the public guardian so that the guardian is exempted from maintaining insurance on a ward's property upon the issuance of an order of the court finding the real or personal property of a ward lacks sufficient equity, or the estate lacks sufficient funds to pay for the insurance or the property is otherwise uninsurable. Current law requires the public guardian to prepare an inventory of the… a ward's belongings and assets and maintain insurance on all of the worlds… ward's real and personal property. I ask for an 'aye' vote and welcome any questions."

"Lady moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mulligan. Lyons. Please take the record. On this question, there are 113 voting 09700145.doc 79  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3621, Mr. Acevedo. Out… out of the record. Senate Bill 3765, Kelly Burke. You get two in a row. Please read the Bill. Out of the… having trouble with your hand signals. Out of the record. That one I understood. Senate Bill 3824, Representative Cassidy. Out of the record. Returning to page 6 of the Calendar, there appears Senate Bill 3420, Mr. Bradley. Please read the Bill."

"Mr. Bradley."

"Initiative of the Health Care Council; it clarifies language allowing the owner of a nursing home to serve as a relative's representative to assist the resident with care. Know of no opposition to this Bill. Would ask for an 'aye' vote."

"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? Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 6 of the Calendar, under the Order of Senate Bills-Third Reading, appears Senate Bill 3450, Mr. Sullivan. Mr. Sullivan, do you wish to move this Bill? Out of the record. Ladies and Gentlemen, on page 2 of the Calendar, under the Order of House Bills-Second Reading, appears House Bill 4239, Representative Zalewski. Please read the Bill." 09700145.doc 80  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Mr. Zalewski."

"I move for the adoption of Floor Amendment #6, Representative… Mr. Speaker."

"Want to just quickly tell us…"

"I'd prefer… I would prefer to re… discuss the Bill on Third Reading. It simply does a minor modification to the Bill."

"Chair recognizes Mr. Reboletti."

"Gentleman yields."

"What was the question, Representative?"

"What we had noticed, Representative, was that the original… in previous Amendments, we weren't clear about the as amended versus full language of the Bill. The Bill, itself, creates best practices for regulation of the homestead exemption and extends a deadline for a regulation of tax sales, and it requires, on the homestead… back to the homestead piece, a notarized signature by both the tenant and the landlord."

"It becomes the Bill, Representative."

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

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

"Mr. Zalewski."

"Thank you, Mr. Speaker. As the Body well knows, we've been dealing with the issue of who's entitled to a proper homestead exemption under the state's statute. What this Bill does is institute best practices, so that should a township assessor choose to implement a system by which they can guarant… they can determine if a landlord is properly deriving the benefit of the homestead to the tenant. It's included in the statute. It also extends… we did a significant piece of legislation along with Representative Kay last spring dealing with tax sales. The Department of Revenue is to promulgate a rule certifying equipment. We weren't exactly on the same page on that rule, so we're going to extend the deadline out. So, I'd ask for an 'aye' vote. I'd be happy to answer questions."

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

"Gentleman yields." 09700145.doc 82  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"The realtors are not opposed to the Bill. They're neutral."

"No. What this Bill would do, Representative, is institute what are called best practices. If the Chief County Assessment Officer chose to implement these rules… some township assessors do a better job than we could ever do of managing these, but some don't. And what we're saying is in this statute if you were looking for some guidance on how to best regulate homesteads that are derived to the tenant, this is what we would argue would be the best way to go."

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Dunkin. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Moving to the Order of Senate Bills-Second Reading, page 8 of the Calendar, Senate Bill 1338, Representative Howard. Please read the Bill."

"Representative Howard."

"Thank you, Mr. Speaker. Amendment #4 becomes the Bill. We're simply trying to make certain that the committee has enough time to do its work. The original date was too soon, so we're now changing the deadline date for the report from September 1, 2012 to July 1, 2013."

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

"Third Reading. Senate Bill 1531, Representative Golar. Out of the record. Senate Bill 1566, Mr. Mautino. Mr. Mautino. Frank Mautino. Please read the Bill."

"Mr. Mautino. Out of the record, please, Mr. Clerk. Senate Bill 1967, Mr. Dunkin. Please read the Bill."

"Mr. Dunkin. Mr. Dunkin, before you commence. Could we have some order in the chamber, please? Thank you. Mr. Dunkin."

"Thank you, Mr. Speaker. I'm moving that we adopt Amendment #6."

"Can you give us a 10 second explanation of the Amendment, Sir?"

"Absolutely. This Amendment provides that the Illinois Student Assistance Commission, in determining the number of annual grants to be offered, shall in no instance assume greater Monetary Award Program or the MAP moneys than that program received during the previous fiscal year. In other words, we're trying to anticipate our costs with allocating dollars in the first semester and in the fall semester. And I would ask for an 'aye' vote."

Speaker Lang: "Gentleman moves for the adoption of the Amendment. On that question, the Chair recognizes Mr. Reboletti."

"Gentleman yields."

"No. I don't think so. I doubt it."

"No. That's… you know, additional staffing?"

"No."

"No."

"Representative Kosel."

"Sponsor yields."

"No."

"Yes, Ma'am."

Speaker Lang: "Have you completed your questions, Representative Kosel? Representative Kosel? Yes. The answer is yes. Mr. Rose, getting advice from Representative Kosel."

"Mr. Hays."

"Gentleman yields."

"No, it will not. You'd have to be eligible for the MAP based off its various criteria. This has nothing to do with that."

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

"Third Reading. On page 11 of the Calendar, under the Order of Senate Bills-Second Reading, appears Senate Bill 3794, Mr. Bradley. Please read the Bill."

"Mr. Bradley on the Amendment."

"Thank you, Mr. Speaker. This is basically a Bill which came out of an audit by the Auditor General. It's the subject of a result of negotiations between the Governor's Office and the Comptroller's Office to try to improve the technology and the financial reporting standards in compliance with that audit. As I understand, this is an agreed Bill. I know of no objection to the Bill. And I would ask for an 'aye' vote."

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

"Third Reading. On page 3 of the Calendar, under the Order of House Bills-Second Reading, appears House Bill 5657, Mr. Bradley. Please read the Bill."

"Mr. Bradley."

"Thank you, Mr. Speaker. This is a Bill which deals with project labor agreements for local bodies and whether or not funds can be used for public services if that local body outlaws project labor agreements. I'd ask that the 09700145.doc 88  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Bill be amended, moved to Third, and then if there's… either held on Third or if there's additional debate to do the debate on Third Reading."

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

Speaker Lang: "Third Reading. Turning to page 13 of the Calendar, under the Order of Concurrence, the ones that have been approved, we will continue down the Calendar. House Bill 404, Mr. Mautino. Please proceed. Mr. Mautino."

"Thank you, Mr. Chairman… Mr. Speaker. House Bill 404, I would move to concur. And this is the DNR Bill and the changes that we had worked on throughout the course of the year. I worked on them with Representative Osmond. And in this Bill, as it comes back from the Senate, it will have the reductions of mandates. We met with about 50 groups, took a look at all the mandates at DNR. We reduced them. The Department of Natural Resources also reduced and achieved savings in their budgets of about $10 million. This is part one of the whole program to make them sustainable. It passed unanimously out of this House, and I ask for Concurrence."

Speaker Lang: "Gentleman moves that the House concur with Senate Amendments 1 and 4 to House Bill 404. There being no debate, those in favor of the Gentleman's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Hays. Please take the record. On this question, there are 113 voting 'yes', 0 09700145.doc 89  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 voting 'no'. And the House does concur with Senate Amendments 1 and 4 to House Bill 404. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1262, Mr. Farnham. This is a Nonconcurrence Motion, Mr. Farnham. Do you wish to proceed?"

"I move that we Nonconcur."

"Gentleman moves that the House Nonconcur with Senate Amendments 1 and 5 to House Bill 1262. Those in favor of the Motion say 'yes'; opposed 'no'. The 'ayes' have it. And the House does Nonconcur with Senate Amendments 1 and 5 to House Bill 1262. House Bill 1717, Mr. Dunkin. I'm sorry, Durkin. Do you wish to proceed with your Motion to Nonconcur, Sir? Out of the record. House Bill 1883, Representative Williams. Out of the record. House Bill 3027, Representative Lilly. Representative Lilly. Out of the record. House Bill 4242, Mr. Phelps. Please proceed, Mr. Phelps."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with Senate Amendment #1 to House Bill 4242. As you know, this is the Bill that we tried to help the tornado victims down in Harrisburg and Ridgway. And I want to thank Representative Harris, Bost, and Sullivan for helping this. And this just cleans up the Bill, and I ask for an 'aye' vote."

"Gentleman moves that the House concur in Senate Amendment #1 to House Bill 4242. There being no debate, those in favor of the Gentleman's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? 09700145.doc 90  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And the House does concur in Senate Amendment #1 to House Bill 4242. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4531, Representative Hernandez. Please proceed."

"Thank you, Speaker. I move to concur with the Amendment #1. What it's really just doing is that it… it is actually just putting back the removal of the identification cards without photographs."

Speaker Lang: "Lady moved that the House concur in Senate Amendment #1 to House Bill 4531. And on that question, the Chair recognizes Mr. Franks."

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

"Lady yields."

"Representative, how does Senate Amendment #1, that you're asking us to concur with, differ from the original Bill that we had sent over to the Senate?"

"I'm sorry. So, what I'm trying to… I'm just concurring with the removal… the removal of… what originally had had happened is that we had removed the identification cards without photographs. Senate did not agree, so we are looking to remove that."

"Okay. So we would not… they would not be able to give identification cards unless there was a photo ID?"

"Correct."

"Okay. Is there any fees in this Bill?"

"No." 09700145.doc 91  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Or the underlying? Was there any in the underlying Bill?"

"I have to look it up, Representative."

"I'm looking, too. We'll look together."

"There is no fee in the Amendment."

"Okay. In the underlying Bill…"

"Or the whole Bill, as a matter of fact."

"I think the underlying Bill had eliminated the provision for a disabled person to receive a standard Illinois identification card for no fee, but you'd still allow a disabled person to receive an Illinois person with a disability identification card. I'd agree…"

"That is…"

"Okay."

"Yeah."

"All right. Well, thank you then."

Speaker Lang: "Lady moves that the House concur in Senate Amendment #1 to House Bill 4531. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. Excuse me… well, too late. I'm sorry. On this question, there are 85 voting 'yes', 22 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4596, Mr. Durkin. Please proceed."

Speaker Lang: "Gentleman moves that the House concur with Senate Amendment #1 to House Bill 4596. Those in favor of the Gentleman's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Pritchard. Please take the record. On this question, there are 113 voting 'yes' and 1 voting 'present'. And this Bill… and the House does concur with Senate Amendment #1 to House Bill 4596. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4757, Mr. Moffitt. Please proceed."

Speaker Lang: "Mr. Moffitt moves that the House concur in Senate Amendment #1 to House Bill 4757. Those in favor of the Gentleman's Motion vote 'yes'; opposed 'no'. The voting 09700145.doc 93  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Kosel. Please take the record. There are 87 voting 'yes', 27 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 4757. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4761, Mr. Sullivan. Please proceed."

"Gentleman moves that the House concur in Senate Amendment 1 to House Bill 4761. Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Sacia. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. The House does concur with Senate Amendment #1 to House Bill 4761. And 09700145.doc 94  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5021, Representative Sente. Please proceed."

"I move to concur with Senate Committee Amendment 1, which returns to the original language for the Illinois State Police's use of DUI funds for only DUI equipment. Due to the size of the ISP workforce, there was no need to expand their use of the DUI funds for equipment. I would like to clarify the Bill's intent regarding the use of DUI funds for officer salaries. It is strictly for allowing currently employed officers to be called back in from off- duty to perform additional DUI related duties. It is not to hire back laid off employees. I move for Concurrence."

"Lady moves that the House concur with Senate Amendment #1 to House Bill 5021. The Chair recognizes Mr. Ramey."

"Lady yields."

"Okay. The original Bill is for local law enforcement to be able to expand their use of DUI funds beyond equipment."

"Mine."

"So, I don't know what happened in-between your Bill and my Bill. I'm sorry. But so…"

"Okay. So, this allows local law enforcement because there might be a three person department up to 100-plus sworn department. Sometimes they have bought all the breathalyzers they need, so…"

"…they can… this expands their use beyond DUI equipment, but it does… well, I clarified that they couldn’t use it to hire a new employee but expand and call back in a current employee for additional DUI related duties as well as officer training for DUI items."

"No."

"It specifically names what they can use, and vehicles are not in there."

"In the Bill, it is equipment what the local law enforcement request is… what it… that it was equipment. It would expand to training, as well as the hire back of salaries for DUI related activities. That's all they wanted."

"Those in favor of the Lady's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Mr. Leitch. Mr. Leitch. Please take the record. On 09700145.doc 96  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 this question, there are 114 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 5021. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5025, Leader Lyons. Please proceed, Sir.

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. 5025 was a personal initiative that I sent over to the Senate. I know it needed some work to be done on it. They put two Amendments. One takes the time for the utility to notify the credit rating agencies. It gives them more time for 48 hours to 5 days. The second Amendment… the second Amendment basically says the Bill has to be paid in full before they're obligated to do that, rather than just have a working agreement. Well, maybe I sold my soul off by letting the utilities off the hook, but I'll take a half a loaf if I can't get a full loaf. It still makes… it gives some consumer protection. I'd appreciate your support on this Concurrence."

"The Gentleman moves that the House concur with Senate Amendments 1 and 2 to House Bill 5025. There being no debate, those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Coladipietro. Connelly. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendments 1 and 2 to House Bill 5025. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5099, Mr. Costello. Please proceed." 09700145.doc 97  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The change for Concurrence in House Bill 5099 literally is just changing from voice activated to voice operated. And I believe that this is happening with all cell phone legislation that has gone through both chambers. Thank you and I ask for Concurrence."

Speaker Lang: "Gentleman moves that the House concur with Senate Amendment #1 to House Bill 5099. Those in favor of the Gentleman's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Leader Lyons. Mr. Sullivan. Please take the record. On this question, there are 84 voting 'yes' and 30 voting 'no'. The House does concur with Senate Amendment #1 to House Bill 5099. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5111, Mr. Mautino. Please proceed, Sir."

"I'd move that the House concur with Senate Amendment #1. And this… this Amendment, as it comes back, deals with the… it's a page and line Amendment. And it provides that professional employer organization does not include the day and temporary labor services. So, we sent this over, and basically, it says that for those temporary services, who are putting people to work in… on a permanent basis, that they can apply for the same credits as permanent employers. There was a problem with the language. It was fixed in the Senate. I know of no opposition and would ask for Concurrence on Senate Amendment #1."

Speaker Lang: "Gentleman moves that the House concur with Senate Amendment #1 to House Bill 5111. Those in favor of 09700145.doc 98  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 the Gentleman's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Biss. Jones. Rita. Smith. Mr. Biss. Mr. Rita. Somebody get the back row. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 5111. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5114, Representative Dan Burke. Please proceed, Sir." Burke, D.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is on Concurrence. I would move to concur with the Senate Amendment #1."

"Give us a brief explanation, Sir." Burke, D.: "The issue is the offering of a video that would train school-aged children between the sixth and eighth grade. The language is now permissive, previous to the House Bill suggested that they 'shall' provide this video for all children's consideration at this time. The Senate made a change and it 'may', so any public school in our state, if they are so interested, they may access this training video and provide, again, students between the ages sixth grade through eighth the opportunity to view a video to train them in CPR and the use of an AED. And I, again, would move for the Concurrence on Senate Amendment #1."

"Gentleman moves that the House concur in Senate Amendment #1 to House Bill 5114. And on that question, the Chair recognizes Mr. Reboletti."

"Gentleman yields."

"Those in favor of the Gentleman's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Smith. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 5114. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5122, Mr. Beiser. Please proceed."

"Thank you, Mr. Speaker. I move to concur with Senate Amendment #1. This adds another exemption under the Bill, which is for people that are engaged in the organ and tissue procurement process."

Speaker Lang: "Gentleman moves that the House concur with Senate Amendment #1 to House Bill 5122. Those in favor of the Gentleman's Motion vote 'yes'; opposed 'no'. The voting is open. Mr. Clerk, please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 5122. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5278, Representative Cassidy. Please proceed."

"Thank you, Mr. Speaker, Members of the House. I move to concur in Senate Amendment 1. Senate Amendment 1 makes a 09700145.doc 100  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 very simple, technical change cleaning up where we were changing language concerning the title of the offense, taking out 'trafficking persons for forced labor or service' in order to be consistent throughout the Bill. And I ask for an 'aye' vote."

"Lady moves that the House concur with Senate Amendment #1 to House Bill 5278. Those in favor of the Lady's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 5278. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5280, Mr. Cunningham. Please proceed."

"Thank you, Mr. Speaker, Members of the House. I move that we concur with Senate Amendment 1 to House Bill 5280. The Amendment merely removes some modifications the initial Bill made to mandatory supervised release. The underlying Bill requires individuals convicted of luring a minor to register as sexual predators. Be happy to answer any questions. And I ask for an 'aye' vote."

"Mr. Cunningham moves that the House concur with Senate Amendment #1 to House Bill 5280. Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Flowers. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 5280. 09700145.doc 101  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5289, Mr. Turner. Please proceed."

"Thank you, Mr. Speaker. I move that the House concur with Senate Amendment #2, which is a gut and replacement. House Bill 5289 creates the offense of sales tax evasion. I ask for an 'aye' vote."

"Mr. Turner, the Motion was Amendments 1 and 2. Is that correct?"

"I'm sorry. I couldn't hear you, Mr. Speaker?"

"Your Motion was to concur in Senate Amendments 1 and 2. Is that correct, Sir?"

"Yes."

"Gentleman moves that the House concur in Senate Amendments 1 and 2 to House Bill 5289. And on that question, the Chair recognizes Mr. Reis."

"Gentleman yields."

"Right. So, Amendment #2 would create the offense of sales tax evasion, and it's for prosecuting offenders engaging in ongoing fraudulent activity. Sales tax evasion is defined in the Bill as when a retailer knowingly attempts in any manner to evade or defeat the tax imposed on him or on any other person, or the payment thereof and he commits an affirmative act in furtherance of the evasion. The… Amendment 2 also defines an affirmative act, 09700145.doc 102  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 and it's defined as an act designed in whole or in part to conceal, misrepresent, falsify, or manipulate any material fact or tamper with or destroy documents or materials related to a person's tax liability under the Retailers' Occupation Tax Act."

"It took out the penalty enhancements or failure to file sales tax returns and for fraudulent filing of sales tax returns."

"And it added… I'm sorry. And it added the definition of an affirmative act."

"That's right."

"Yes, Sir."

"Just realto… retailers, Representative."

"Of the current law with the penalty enhancements that were proposed before are taken out under this Amendment." 09700145.doc 103  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Thank you."

"Mr. Durkin."

"Gentleman yields."

"Right now, current law only allows us to do it with 30-day returns, and this has to do with those who have a pattern of fraud."

"Evasion requires an affirmative act in furtherance of the evasion."

"I think that… I'm being told that the fraud, itself, it's all that's required for."

"I can get back to you."

"Well, this would allow us to aggregate months and months of returns."

"Thank you, Representative."

"Mr. Rose. Mr. Rose."

"Gentleman yields."

"One second, Representative. This is considered theft from people of the State of Illinois, as opposed to theft from one particular person. So, I guess for policy reasons."

"No, Sir, Representative, that's not what I'm getting at."

"Thank you."

"That's something I'd be willing to discuss, Representative."

"Mr. Turner to close."

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

"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all 09700145.doc 106  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 voted who wish? Have all voted who wish? Please record yourselves, Members. Have all voted who wish? Please take the record. On this question, there are 89 voting 'yes', 25 voting 'no'. And the House does concur with Senate Amendments 1 and 2 to House Bill 5289. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5330, Representative Greg Harris. Please proceed, Sir." Harris, G.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'd move to concur with the Senate in Concurrence Amendment #1. The underlying Bill, if you remember, was an initiative of the Attorney General dealing with sexually violent persons. It passed unanimously through both chambers. The Amendment simply makes the effective date immediate."

"Gentleman moves that the House concur in Senate Amendment 1 to House Bill 5330. Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received… and the House does concur with Senate Amendment #1 to House Bill 5330. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5434, Representative Williams. Please proceed."

"Thank you, Mr. Speaker. I move to concur in Senate Amendment 2 and Senate Amendment 3. Senate Amendment 2 is… this deals with the Debtors Rights Bill that we passed over to the Senate. The first Amendment, Senate Amendment 2, is 09700145.doc 107  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 technical in nature and just clarifies that new requirements for citation to discover asset proceedings don't apply to third parties. The third Amendment was adopted as part of a request by the Municipal League to exempt cities from having to comply with the new rules when collecting fines for violation of certain quasi-criminal city ordinances. I'll be happy to answer any questions."

Speaker Lang: "Lady moves that the House concur in Senate Amendments 2 and 3 to House Bill 5434. On that question, the Chair recognizes Mr. Franks."

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

"Lady yields."

"Representative, I'm sorry. We're going so fast. I'm having trouble reading what the Bill actually does; the Amendments, and I don't mean to be rude, but I'm going to have to ask you to go through Senate Amendment #2…"

"Sure."

"…and then Senate Amendment #3. I can't read fast enough."

"Well, if you recall, you and I discussed in detail, that when this Bill was first called, how the new proposal for the citation to discover assets would proceed. Basically, the Amendment just provides, and this was the intent the whole time, that these do not apply to actions involving, say like, the debtors' bank. So, the protections that we put in place for debtors does not apply to regular court proceedings. So, it would not adopt the sort of protections we had to regular litigation." 09700145.doc 108  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"What's the definition… I'm not sure what you mean by a regular litigation?"

"Okay. This just means against the debtors' bank, say, would be a good example of that. Specifically, supplementary proceedings may proceed, notwithstanding the debtors' failure to complete the income and asset form. So, you can still proceed against the bank or with the bank. It has nothing to do with the protections we put in place. Those were merely for the notice requirements, everything else, the new procedure for this citation to discover assets. It was all about protecting the debtor, making sure the debtor had accurate notice. We're just clarifying that it doesn't apply to litigation involving perhaps the same topic, same subject, but that doesn't have a debtor as a party."

"Well, now, for instance, when a debtor is picked up on a body attachment, the plaintiff can ask that the moneys be turned over to the plaintiff's attorney on behalf of the plaintiff. Would this substantively change that requirement?"

"Well, in Amendment #2 we clarify that a court may not order that the funds used to post bond be turned over to the judgment creditor, unless the court specifically finds the bond money does belong to the debtor, as opposed to the third party, so…"

"Well, let me ask you this."

"…maybe that's your example."

"Let's assume a third party posted the bond. Would anything in this Bill preclude the moneys being turned over 09700145.doc 109  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 to the plaintiff, or is this just something that 'may' instead of a 'shall'?"

"It would go back to the third party in that case."

"Are you sure that it… Are you sure it's an absolute… So, if any… why would any debtor then ever post their own bond? Wouldn't they always ask that a spouse or someone to post it, so that way they would never have to turn it over?"

"Well, in the example of a spouse, that would probably be also applied to property of the debtor, as well, so I don't know if that's the best example."

"Can we… can you show me that in the text of the Bill, where it indicates that it has to be…"

"In the Bill or the Amendment?"

"In the Amendment 'cause it seems to me to be that may not be the best public policy if a third party turns it over to then indicate that if it's simply because the third party turned it over then that bond can't be turned over to the plaintiff."

"I think you may be getting a little bit into the weeds. Again, this is just a clarification that the protections that we put in the original Bill would not apply to third parties. I think that's a little bit different than what you're asking about."

"But that's different than what our analysis shows. That’s why I want to… I want to look at Amendment #2 with you because our analysis indicates that if it's a third party then bonds would not be turned over the plaintiff."

"What page and line are you referring to?" 09700145.doc 110  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"I'm looking it up right now…"

"Okay."

"…but I'm looking at our analysis that indicates that."

"Well, I'm looking at the language, so if you could refer me to the appropriate language, I'll be happy to go through it."

"Can we take it out of the record for a few minutes and you and I can discuss it."

"I think we can work through this. It's just… it's a very simple clarification. Amendment #2 simply, as I mentioned before, addresses the issue of third parties."

"Okay. I'm looking at it. I'm just… I'm whipping through it right now so hold on."

"Are you waiting for me or…"

"I'm look… I don't know if you could tell me where this might be. I'm looking… I'm looking it up and I'm hoping you can as well."

"Well, why don't you repeat your question 'cause I think I'm getting a little confused of what your last question was?"

"Hold on. I'm looking at page 19. My question… hold on. Let's go to the body attachment orders. That's what I want to see."

"Mr. Franks, do you have a question?"

"Yeah. I do, but I'd like her to take it out of the record, so I could ask her… I can do this. I'll be happy to answer… ask the questions, but I'm not getting the answers, specifically. So, let's go to page 18, then, of the second Amendment, and let's go through the body attachment issue 09700145.doc 111  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 because that's what I want to know about. So, what I'd like to know is if a third party posts the bond, does that preclude the court from turning over those moneys to the plaintiff?"

"Repeat that one more time? I couldn't hear."

"I'm sorry. I couldn't hear you."

"I'm sorry. Could you repeat that? I didn't hear that."

Speaker Lang: "Ladies and Gentlemen… Ladies and Gentlemen, please. Mr. Franks, please ask your… please ask your question."

"If a third party posts a bond in response to a body attachment order, does the posting of that bond by a third body preclude the court from turning the moneys over to the plaintiff?"

"The answer is yes. If you look at line 16 and 17, subsection (e), the term is 'shall', not a 'may'. So, it would be a mandate. I can read it, if you'd like. Upon discharge of any bond secured by the posting of funds, the funds shall be returned to the respondent or other party posting the bond…"

"I'm looking on line…"

"…unless the court after inquiry determines… and that's where we go into the issue from the original Bill. The judgment debtor has willfully refused to comply with the payment order or any part of the funds constitute nonexempt funds…"

"Okay."

"…which we've already discussed herein the Bill." 09700145.doc 112  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"So, why would we change the law to that effect? Why would we change and say if someone posted a bond, that then it could not be turned over because in every other instance, when a bond is posted, it can be turned over? So, why would we change the law now to preclude a plaintiff from being able to collect on the bond?"

"Well, I think this kind of goes to the root of the whole issue of debtors' rights. What, unfortunately, some creditors had been doing they would post… and working with judges, unfortunately, in some counties… to post the bond in the exact amount of the judgment that was due, whether it's $99, $125. That was an incentive for them to utilize the body attachment procedure because then, out of threat of going to jail, the person would be forced to pay the debt back and that is…"

"No. I agree…"

"I guess that's a way of collecting a debt, but that's not…"

"Oh, I agree. We should change that, and we did, but this is different. Let's assume there is a judgment creditor, who has a $15 thousand judgment, and the court gives the body attachment for $100 because this person continuously fails to show to court. So, the only way to get the person to court is to give them a body attachment. So, they get served with the body attachment. It's a hundred bucks, even though they owe 15 grand. But they didn't put the money up under this Senate Amendment #2, so you're saying they get all that money back instead of the 09700145.doc 113  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 judgment creditor who has to have paid the sheriff to go and get that body attachment served."

"But Repre…"

"No. What we're doing here under this is we are punishing the plaintiff for being the one who shows up every time and the person who doesn't is getting their money back."

"Yeah. I'm going to disagree with that. We just read the language that says it 'shall' be returned to the respondent or other party posting the bond. So, I don't think that that would be the case."

"That means they get their money back. What that means…"

"Whoever put it up gets the money back."

"Right. But that's not how it works now because oftentimes the only way to get people to court is to do the body attachment. And I think it's ridiculous that they do the higher levels, which we've already fixed in the underlying Bill. But with this Amendment, it would preclude a plaintiff from receiving those funds even though they had to pay the sheriff to serve the body attachment. They're out the money."

"Sure."

"Shouldn't they get their money back?"

"Well, I think, again, with the basic principle. The body attachment mechanism is not where we should be looking to collect the debt. The debt should be… and that could be in a separate proceeding, a subsequent proceeding where the 09700145.doc 114  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 judge could look at the assets of the person and proceed from there. But again…"

"But that’s… no, that’s a preclusion; that’s before. See this is… that’s not… you’re missing two steps. After the judgment…"

"Mr. Franks, time to bring your remarks to a close, Sir."

"Well, I’m not sure I can because we haven’t even got to #3 yet."

"Mr. Franks…"

"That’s why…"

"But I think that was…"

"…if she'd take it out of the record, I could talk to her and not waste the Body’s time."

"Mr. Franks, it’s time to bring your remarks to a close, Sir."

"I… I don’t have enough information at this point."

"I don’t know how to answer your question, Representative, because I think we’re talking about what was already done in the original Amendment. I can pull up some documents and we can go over what we already passed unanimously out of this chamber."

"Representative Williams to close."

"To reiterate and I apologize, Representative. Okay. We… you know what, we’re going to take it out of the record. And we’ll be right back. Thank you."

Speaker Lang: "Out of the record. House Bill 5450, Representative Golar. Please proceed." 09700145.doc 115  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Thank you, Mr. Speaker and Members of this Assembly. I move to concur on Senate Amendment #1 to House Bill 5450." Speaker Lang: "Can you tell us what the Amendment does, Representative?"

"Yes. The Amendment actually expands the legislative findings and purpose to include how housing contributes to an overall decline in real estate values. In the current law states that instability and inadequacy in housing limits the employability and the productivity of many citizens. It adversely affects family health, stress levels and impedes children's ability to learn and produce corresponding drains on public resources. Senate Amendment #1 adds language that provides grant funding to be used to develop housing opportunities for persons with disabilities but not housing restricted to a certain disability type. Current law requires that Illinois IHDA to adopt a rule restricting local administrative agencies and developers from using funding under the grant to develop or support housing that requires that a tenant has a particular diagnosis, type or presence of disability. Senate Amendment #1 finally, in conclusion, includes a severability clause that allows a provision or clause to be invalidated without effecting any other provision or application of that act that can be given effect without the invalid provision clause or its application. This allows IHDA to designate special housing for disabilities; however, they cannot hold a unit for specific disabilities which would create preference for a specific disability. I'll be happy to take any questions and I urge an 'aye' vote." 09700145.doc 116  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012

"Lady moves that the House concur with Senate Amendment #1 to House Bill 5450. Those in favor of the Lady's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Franks, Harris, Jones, Mussman. Please record yourselves, Members. Mr. Harris, Mr. Jones. Please take the record. On this question, there are 113 voting 'yes' and 1 voting 'present'. And the House does concur with Senate Amendment #1 to House Bill 5450. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5547, Mr. Zalewski. Please proceed."

"Thank you, Mr. Speaker. I wish to concur in Senate Amendment #1 to House Bill 5547. It's… it's a request of the National Retailer's Association to ensure that private entities' parking lots are not subject to tax. We had a robust debate on this Bill back in the spring. This… this Amendment that the Senate placed on the Bill makes it stronger and more protective of… of private interests. IRMA is a strong supporter of the Bill as a result of this Amendment. I ask for an 'aye' vote."

Speaker Lang: "Gentleman moves that the House concur with Senate Amendment #1 to House Bill 5547. And on that question, the Chair recognizes Mr. Reboletti."

"Gentleman yields."

"So, we're not… it's… it's important to remember, Representative, we are not incorp… we are not creating any sort of tax structure with the passage of this Bill. All we are doing is enabling a local municipality to say if they want to adopt a percentages basis tax for parking garages, they are allowed to do so."

"Any Home Rule municipality. I can tell you the City of Chicago would be the prime suspect for adoption of such an ordinance."

"Well, what they would is say… right now, the way a parking tax works is very, very anticonsumer, antitaxpayer. We simply add the tax on the top. So, if you pay $2 to park for a half an hour, you'd pay twenty-six and a half to pay for eight hours; you pay the same tax, which is completely inequitable. This Bill allows the parking garages and the municipalities to come sort of an… to come to sort of an agreement about a percentage basis of the… of the amount coming into the parking garage to create a more equitable tax structure."

"Mr. Fortner."

"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 52 voting 'yes', 61 voting 'no' and 2 voting 'present'. Do… do you have a Motion to make, Sir?"

"Yes. I wish to move to Postponed Consideration."

"Gentleman asks for Postponed Consideration. Mr. Lyons in the Chair."

"I'm back by necessity here, kids. Mr. Clerk, that Bill having failed to get the required number of votes, fails. The Motion fails… the Concurrence Motion fails. Leader Lang, on page 13 of the Calendar, you have, under the Order of Concurrences, House Bill 735."

"Thank you, Mr. Speaker, Ladies and Gentlemen. When this Bill left the House it was the Bill that would allow a municipality to elect a mayor who owns a liquor license as 09700145.doc 119  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 long as the municipality chooses somebody else to be the liquor commissioner. The Senate made a change that… that narrowed down the person who could be that liquor commissioner. It would have to be an attorney; it would have to be someone who had no conflict of interest or any liquor clients within that village or an adjacent village. So, all this does is narrow down the Bill that we passed quite easily in the House. And I know of no opposition."

"You've heard the Gentleman's explanation for the Concurrence on Amendment #1. Is there any discussion? Seeing none, the question is, 'Should the House concur with Senate Amendment #1 to Senate Bill 735?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 68 Members voting 'yes', 44 Members voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 735. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Renée Kosel, on page 15 of the Calendar, you have House Bill 3982. Leader Renée Kosel."

"You've heard the Lady's explanation. Is there any discussion? Seeing none, all those in favor of the 09700145.doc 120  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 adoption of Senate Amendment #1 to House Bill 3982 vote 'yes'; those opposed vote 'no'. This is final action. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Franks and Riley, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 3982. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Pat Verschoore, on the Order of Concurrences, on page 16, Pat, you have House Bill 4598. The Gentleman from Rock Island, Representative Pat Verschoore."

"Thank you, Mr. Speaker. When this Bill left the House, there was some concerns about allowing golf carts, slow moving vehicles and they said that they'd work on it in the Senate. And that's what they did. They allowed those smaller units of… of the vehicles to be added to the… to the slow moving vehicles sign. I'd ask for Concurrence on it."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should the House adopt the Senate Amendment #1 to House Bill 4598?' This is final action. 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? Mathias, Watson, Jim, Leader. Mr. Clerk, take the record. On this Bill, there's 109 Members voting 'yes', 6 Members voting 'no'. And the House does concur 09700145.doc 121  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 with Amendment #… Senate Amendment #1 to House Bill 4598. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Lou Lang, on page 17 of the Calendar, under House Concurrences, is House Bill 5016. Leader Lou Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. The Senate Amendments are simply cleanup language defining the term 'debt buyer'. I would ask your support."

"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should the House concur with Senate Amendments #1 and 2 to House Bill 5016?' This is final action. 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… Representative Krezwick, like to be recorded? Mr. Clerk, take the record. On this Bill, there's 113 Members voting 'yes', 0 voting 'no', 2 Members voting 'present'. And the House does concur with Senate Amendments #1 and 2 to House Bill 5016. This Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Resolutions, on page 19 of the Calendar, Representative Cavaletto, you have House Joint Resolution 86. House Joint Resolution 86. Just give a brief overview, Representative."

"You've heard the Gentleman's explanation. All those in favor of the adoption of House Joint Resolution 86 09700145.doc 122  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And House Joint Resolution 86 is hereby adopted. Leader Jim Watson, on the bottom of page 19, under the Order of Resolutions, you have House Joint Resolution 88. Leader Jim Watson."

"Mr. Clerk."

Speaker Lyons: "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 Floor Amendment #1 is adopted. Representative Watson with House Joint Resolution 88 as adopted."

"Heard the Gentleman's explanation on the Joint Resolution. All those in favor signify by voting… 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 115 Members voting 'yes', 0 voting 'no'. And House Joint Resolution 88 is hereby unanimously adopted. Ladies and Gentlemen, there will be a little adaptation to the gray 09700145.doc 123  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 schedule that was passed out. So, the Clerk is going to go through that. So, if you look at the schedule, make the notes as requested. Mr. Clerk."

"Clerk, Agreed Resolutions."

Speaker Lyons: "Leader Barbara Flynn Currie moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Members, as an announcement, I'm asked to remind you to review the Concurrence Calendar and to file Motions on any House Bills on that Calendar. So, check the Concurrence Calendar and if there are any Motions to be filed, don't wait. And now, seeing no further business to come before the Illinois House of 09700145.doc 124  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 145th Legislative Day 5/28/2012 Representatives on Memorial Day, Leader Barbara Flynn Currie moves that the House stand adjourned 'til the hour of 12 noon on Tuesday, May 29. All those in favor of adjournment signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And allowing perfunctory time for the Clerk, the House stands adjourned 'til 12 noon tomorrow, Tuesday May 29. Happy Memorial Day, one and all. Enjoy what's left of it this evening."