Illinois House Floor Debate — May 31, 2012

"The House shall come to order. The House shall come to order. The Members shall be in their chairs. We shall be led today in prayer by Fred Robinson, a member of the St. Catherine Drexel Parish in Springfield, Illinois. The Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance."

"We shall be led in the Pledge of Allegiance by Representative Howard."

Speaker Madigan: "Roll Call for Attendance. Representative Currie."

"Thank you, Speaker. Please let the record show that Representative Yarbrough is excused today."

"Mr. Bost."

"The Clerk shall take the record. There being 117 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk."

"Mr. Clerk, on the Order of Senate Bills- Second Reading, what is the status of Senate Bill 1673?"

"Mr. Clerk, leave that Bill on the Order of Second Reading. What is the status of Senate Bill 2404, on the Order of Senate Bills-Second Reading? Senate Bill 2404. Brad."

"Mr. Clerk, leave that Bill of the Order of Second Reading. Mr. Clerk, what is the status of Senate Bill 2455?"

"Mr. Clerk, leave that Bill on the Order of Second Reading. Mr. Clerk, Senate Bill 2461, what is the status of that Bill?" 09700148.doc 4  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Mr. Clerk, leave that Bill on the Order of Second Reading. Mr. Lyons in the Chair."

Speaker Lyons: "Ladies and Gentlemen, on page 4 of the Calendar, under Senate Bills-Third Readings, Representative Dan Beiser, on the bottom of page 4, you have Senate Bill 3428. Read the Bill, Mr. Clerk."

"The Gentleman from Madison, Representative Dan Beiser."

"Thank you, Mr. Speaker, Members of the House. This is an initiative of the Community College Board, and it basically says of the 11 appointees from the Governor to this Community College Board, one of them has to be either a president, a chancellor or a chief executive… chief executive officer of a community college."

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

"Sponsor yields."

"Yes. And I believe that's not moving in the Senate."

"Yes, Sir. And I think that, Dennis, the reason was there was some technical drafting error. We identified the chancellor and chief executive officer, but… but we did… we forgot Eastern Community College. They have a president, or a chief… of one of those three titles, other than a president… or two titles other than a president, they've got a we identified chancellor of a different college and it should have been Eastern Community College. So, this corrects the drafting error that went over there."

"No one seeking further discussion, the question is, 'Should Senate Bill 3428 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this… on this Bill, there's 116 Members voting 'yes', 0 voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk."

"Representative Bob Rita, on the Order of Senate Bills-Third Readings, Bob, you have Senate Bill 38. Read the Bill, Mr. Clerk."

"Representative Bob Rita."

"Thank… thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 38 as amended, sunsets the Funeral and Embalmers Licensing Act for 10 more years to the year 2023. It's agreed legislation. I'd ask for your favorable vote."

"Leader Dan Brady."

"Sponsor yields."

"Representative Brady and Representative Rita move for the passage of Senate Bill 38. 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 Crespo and 09700148.doc 7  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Turner, would you like to be recorded? Fred. Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mike Zalewski, on the Order of Senate Bills- Third Readings, on page 5 of the Calendar, you have Senate Bill 3824. Read the Bill, Mr. Clerk. Mr. Zalewski, the Clerk has advised that there is an Amendment. Wish to take that back to Second Reading? Put that Bill on the Order of Second Reading, Mr. Clerk. Status on that Bill, Mr. Clerk?"

"Representative Zalewski on Floor Amendment #1."

"I wish to move for the adoption of Floor Amendment. It becomes the Bill dealing with sealing of records. I'd be happy to discuss the Bill in chief on Third Reading."

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

"Third Reading, and read the Bill."

"Representative Zalewski."

"Thank you, Mr. Speaker. I ask for the Body's support of Senate Bill 3824, which Representative Ford and I have worked on this Bill in the last couple of days. It… it does 09700148.doc 8  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 a very… it does a very basic thing with regards to the… to the… certain criminal records. It allows the judge to seal the record in… in his or her discretion for certain… for certain offenses. We had a pretty robust discussion of the Bill in Judiciary II this morning. I know there's some concerns among the business community about their… its affect on hiring practices. If… if I could get the Body's support to get the Bill out, I've committed to the… to the other… to the opponents of the Bill that I will continue to work on the Bill over the summer. I truly believe in my heart of hearts that we can work out an agreement similar to what… to a Bill we passed a couple of days ago on seals. I ask, respectfully, for an 'aye' vote. And I'd be happy to take any questions."

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

"Sponsor yields."

"I want to give the judge, Representative, the discretion to seal those records."

"Potentially, Representative." 09700148.doc 9  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Correct."

"I don't see Ag DUI or reckless in… in my analysis, Representative."

"Those are excluded, Representative."

"Yes. Yes. I believe so, Representative."

"They… they're guided in their hiring practices by certain federal regulatory practices whereby they have to investigate the… the… the history… history of their employees. Their concern is, with this… the passage of this Bill, they won't be able to invest… and make that due diligence. I… I'm fully aware of their… So, what I'm told, Representative, by… by counsel is that we actually sent language to the Governor that would address the bankers' concern and would become operative and… and effective upon this legislation and… and would, hopefully, help… I didn’t 09700148.doc 10  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 realize that, but would hopefully help the bankers with their concerns."

"I… I think that… that our articulation of different offenses. I mean, I'm looking the offense… at the offenses listed in the Bill, and as I said in committee this morning, these are offenses where if the petitioner says, I was young, I made a mistake, I've paid my debt to society, I've done everything I can possibly do, I go before the judge, I make my case, and the judge grants in his or her discretion to… to seal, then these additional offense… offenses should be included in that list."

"So…"

Speaker Lyons: "The Chair recognizes Representative Dwight Kay."

"Sponsor yields, Representative."

"Yes. I… I yield. I yield."

"Yes. I'm sorry…"

"…Representative."

"Because I'm of the opinion that in instances such as what's being… and I want to… in instances as being described in the Bill, for a limited amount of instances, there should be a mechanism whereby a petitioner goes before a judge, makes a case… and… and I want to address something that was said by the previous speaker. I apologize; I didn't get a chance to address it. The Bill calls for implement… implementation of a drug test for… for some of these offenses. So, I understand the Gentleman from DuPage's concern, but I think, for what it's worth, we… we try to address that. But there are instances where this… this… this avenue should be granted." 09700148.doc 12  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"I think… I think there are instance… limited instances…"

"Shhh."

"…such as what's articulated in this Bill, where a petitioner in good faith should be able to go before a judge and ask for the relief that's being granted in the Bill."

"Representative, I… I certainly acknowledge and appreciate the business community's concerns about the Bill. What I said before is what I meant, that if we… if we could address the… the concerns that were a brought before the bankers, then we certainly can… I mean, I'm willing to revisit this issue and come back and say, let's come together with the manufacturers and IRMA, and… and everybody over the summer, get a trailer Bill and say, let's talk about what we could do to adjust for the purposes of your hiring Bills. But for right now, I want to give the ability for people to go before a judge and get these records sealed."

"Representative Jim Sacia."

"Sponsor yields."

"Thank you, Jim."

"Thank…"

"…thank you, Rep…"

"Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Simply, to the Bill. I certainly want to thank Representative Zalewski for his efforts to try to work on such a very, very tough issue. I mean, I think sometimes when these types of things come up, people have concerns, as was just stated by some of the… some of the previous speakers. But at some point, Ladies and Gentlemen, we have to give people a chance. Now, some people would think that when we talk abut sealing of… of 09700148.doc 14  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 criminal offenses that that's not the type of chances that we should be giving people by sealing those offenses. But we do it all the time, Ladies and Gentlemen, when we pass legislation to provide medical resources for individuals. We're giving them a chance at a better quality of life from their medical issues. When we pass Bills that protect the environment, again, we're giving people a chance to protect their environment. So, these are things that we do all the time. It's unfortunate that sometimes individual do caught… get caught up in the criminal justice system, but certainly, they deserve compassion from this chamber and from this Body just like the type of compassion that we provide for individuals in any other situation or circumstance. Please, Ladies and Gentlemen, think about the opportunity to help individuals. One of the things that we're challenged sometimes is that we don't always want to provide welfare, if I could use that word, benefits, or assistance for individuals who are in those systems. But what we're doing is that if we're not allowing individuals an opportunity to work, to be employed, to take care of their families and their children, then we're ultimately pushing more and more people into systems like that that we want to try to take people off. So, here's an opportunity for an individual, mal… male or female, regardless of what race or color they are, an opportunity at employment so that they can take care of themselves and take care of their family. Trust me, Ladies and Gentlemen, this is the type of legislation that we need to be trying to push forward. Apparently, there are some concerns from other 09700148.doc 15  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 parts of various industries, various bankers and other things like that, and what we need to do is take the opportunity to maybe figure out how we can address their specific concerns moving forward. But this Bill is definitely a step in the right direction to try to give residents of the State of Illinois the best opportunity to provide for themselves and for their family, and I certainly encourage everyone to support the Bill. Thank you."

"Representative Zalewski to close."

"Thank you. To the Bill. I appreciate all the concerns about the Bill. I appreciate the debate we've had. I appreciate all the comments. I will say this about the Bill; I truly believe this is a good piece of policy for the State of Illinois. I meant what I said in committee this morning. If a young person makes a mistake, and they do everything they possibly can to pay their debt to society, and they go before a judge and make a case, according to the burden of proof that they're required to make, and the judge seals that record, that's an appropriate result. That's the way it should work. I… I appreciate all the feedback I've had. We've had constructive dialogue over the last few days, and this is one of the instances where we can… we can… we can work together of some of the issues that are facing the State of Illinois when it comes to both crime and helping people get a fresh start. I would… I would implore the Body for an 'aye' vote on this Bill." 09700148.doc 16  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"The Gentleman moves for the passage of Senate Bill 3834. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Acevedo, Gordon, would you like to be recorded? Mr. Clerk, take the record. Representative Zalewski. 47 voting 'yes', 68 voting 'no'. The Gentleman moves to put the Bill on Postponed Consideration. Leader Dan Burke, on page 8 of the Calendar, Dan, you have, on Senate Bills-Second Reading, Senate Bill 2861. Representative Burke. Senate Bill 2861. What's the status on that Bill, Mr. Clerk?"

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

"Leader Dan Burke."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Very basically, this Bill would amend the Department of Transportation Law of the Civil Administrative Code to state that when the Department of Transportation is required to enter into an agreement with any carrier for the payment of railroad maintenance expenses that they would be able to create an escrow account. These escrow accounts shall have not… shall have not had terms that exceed 20 years. I'd be happy to answer any questions." 09700148.doc 17  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

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

"He awaits your questions, Sir."

"All right, Dennis, yeah."

"Ladies and Gentlemen, the noise level keeps rising. I know there's a lot to be talked about, but we have a Third Reading discussion. Can we please bring the noise level down? Shhh. Thank you very much."

"Well, as you might certainly surmise, the Department of Transportation would have a great involvement with any consideration of high-speed rail or the promotion of that activity in our state, and being the agency that would have a very serious concern and interest in that promotion, they would have involvement."

"I believe that's yet to be determined, I… and it might be a combination of both."

"I would surmise that that could be the case."

"Department of Transportation, and we did have a witness representing… Union Pacific Railroad."

"They are supportive."

Speaker Lyons: "No one seeking further recognition, the question is… Representative Burke moves for the passage of Senate Bill 2861. 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? Leader Bost. Leader Currie. Mike. Mr. Clerk, take the record. There's 108 Members voting 'yes', 9 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bill Mitchell, for what purpose do you seek recognition, Representative?" Mitchell, B.: "A point of personal privilege, Mr. Speaker."

"Please proceed, Representative." Mitchell, B.: "There's a… there is a rumor here today that this might be our last day in Session, so I wanted to thank our legislative secretaries, both in our district and here at the Capitol. They're getting inundated by calls today. They're doing a great job. So, let's every… give all our secretaries a great big hand."

"A great recognition, well-deserved. Thank you, Representative Mitchell. Representative Norine Hammond, for what purpose do you seek recognition, Norine?" 09700148.doc 19  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"The Journal will reflect…"

Speaker Lyons: "…your request. Representative Rosemary Mulligan, for what purpose do you seek recognition?"

"Point well-taken, Representative. Thank you. Ladies and Gentlemen, I'm going to go to the Order of Concurrences on page 10 and 11. Most things… many things will be ready to go, some will not, but if you'd be so kind as to follow the Calendar along on page 10 and 11, we'll 09700148.doc 20  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 see how many of the Concurrences we can move out of the chamber to the Governor's desk. I'll start with Representative Michael McAuliffe, you have House Bill 196. Representative McAuliffe on House Bill 196."

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

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

Speaker Lyons: "A little power surge there, Sir? Sponsor yields."

"Thank you. Representative, this Senate Amendment #1 is a gut and replace. Doesn't it completely change the underlying Bill?"

"Okay. In the underlying Bill, there wasn't any fees assessed, correct?"

"Okay. So, why are we assessing fees now? Why is it necessary to do so?"

"Okay. And can you explain the new fees for us?"

"Okay. But right… so, right… this would just increase the fee for those that are either found guilty or plead guilty."

"Now, is there any specific cases in which this provides, or is this for all with things, including ordinance violations and traffic…"

"…violations. So, all."

"Okay. So, just want people to understand that the traffic violations probably will have an additional $15 fee on them."

"Oh, only if you… only if you go to…"

"Okay. So, this is… say if you plead guilty and send it in, there's no additional fee." 09700148.doc 22  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Okay. Thank you."

"Representative Sacia."

"Representative Dennis Reboletti."

"Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. Just a question of the Sponsor, please."

"He awaits your question, Sir." Harris, D.: "Representative, you indicated that if you mailed in the fine, you wouldn't pay the fee. Is that correct?"

"Representative McAuliffe to close."

"Representative McAuliffe moves for the adoption of House Amen… of Senate Amendment #1. This is final action. All those in favor signify by saying 'yes'… 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? Gordon, Ramey, Mulligan, Winters, would you like to be recorded? Mr. Clerk, take the record. On this issue, there's 80 Members voting 'yes'; 37 vote… 37 Members voting 'no'. And the does… House does concur with Senate Amendment #1 to House Bill 196. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Larry Walsh, on the Order of Concurrences, on page 10 of the Calendar, Representative, you have House Bill 1151. Representative Walsh on House Bill 1151."

"Thank you, Mr. Speaker. I would move to concur with the Senate Amendment 1 that keeps the language from the underlying Bill and makes two changes. One, allowing the Secretary of State employee, rather than an inspector, to inspect a homemade trailer. And second, takes out the free meter parking for new or lesser disabled veterans to receive a disabled veteran license plate. And I'm glad to take any questions."

"You've heard the Gentleman's explanations. Is there any discussion? Representative Mike Bost."

"The Sponsor yields." 09700148.doc 25  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"It's…"

"Yes, it is."

"Pardon me. I didn't hear you."

"Who gave me the Bill? The Senate. Secretary of State's Office."

"Representative Tom Holbrook."

"No, I did not speak to him about it."

"Pardon me. I still didn't hear you."

"Naw, this is…"

"…this is interesting."

"This is interesting. The change was adding the language for the homemade trailer. Basically, right now, the way the Secretary of State's driver license facility works is they have to have an inspector come out and inspect that. There is only six of them in the state, and what they want to do is train an employee at the driver's license facility to be able to come out and inspect it to verify that it's a homemade trailer."

"This Amendment deals with a homemade trailer."

"I would not think this is a trailer Bill."

"From my understanding, there's only six of… inspectors within the Secretary of State's Office."

"Currently, yes."

"No, I don't."

"You like that, huh?"

"You… would you like to wear it?"

"No. In fact, the driver's license plates are free for disabled veterans, and with the… the change that's in there that it's for a disabled veteran that, say, has Post Traumatic Stress Disorder or a hearing loss, he would qualify as a disabled vet, but not have the universal parking emblem, the universal free parking emblem."

"There's already a veterans' plate in place. It has the universal handicap symbol on it for the free park… free handicap parking…"

"…and this would re… create a dis… disabled veteran plate without that emblem. So, somebody that doesn't have a physical disability requiring that parking permit would be able to have a dis… disabled veteran plate and… but he wouldn't have that parking."

"What do you mean?"

"Well, it's supposed… it… no. It's… it's…"

"From my understanding, it all falls under the Secretary of State. So…"

"Thank you."

"Representative Jim Sacia."

"Sponsor yields." 09700148.doc 29  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"I think so too."

"Representative Moffitt."

"Our final two speakers will be Dennis Reboletti and Karen May. Representative Reboletti."

"Sponsor yields."

"No, I did not."

"We'll take that under consideration and get right back to you, Representative."

"No, I have not."

"No, thanks."

"Somebody put it on me, and I don't know who did. Rep…"

"What's that, again?"

"I think Representative Lilly gave it to me."

"From what I'm hearing, that's true."

"Yes, I have."

"Pardon me."

"The former Senator?"

"Yes."

"I… I would doubt it."

"All right."

"Looking forward to it." 09700148.doc 32  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

Speaker Lyons: "Final speaker will be Representative Karen May."

"Thank you, and I do apologize, Representative, that working on pensions and a bunch of different Bills that are assigned to my committee, I didn't hear all the debate. But you're changing the Bill that I just passed and is sitting on the Governor's desk?"

"Not that I'm aware of."

"Our… our analysis says that it takes out the free parking meter for new less or disabled veterans."

"This… this Concurrence is to flow po… properly with your Bill."

"Oh. Tha… okay. Yes. And does the Sec… is the Secretary of State… I mean, it sounds like you're taking something away from veterans. And I know, as I crafted that Bill, the Secretary of State was very concerned to… to not…"

"No."

"…hurt veterans. You know, anyone with a veterans' plate is still included and all. So, you…"

"Basically… "

"I just want to make sure we're not singling out…"

"Basically…"

"…and hurting vets. That's…"

"…all they did was create another disabled veteran plate, one with the universal handicap parking and one without."

"Okay. The analysis made it unclear because, you know, as a freshman, maybe you'd know that if it did affect a Bill, maybe you could let someone know; Republican, Democrat or 09700148.doc 33  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 whatever, you know. So, I guess we're kind of harassing you on that. So, I… you explained it very well. So, I think you'll have a good career here, if you just get rid of that scarf."

"I plan on it, shortly."

"Representative Walsh to close."

"I would appreciate an 'aye' vote."

"The Gentleman moves for the adoption of Senate Amendment… Senate Amendment #1 to House Bill 1151. This is final action. All those in favor vote 'yes'; those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Acevedo. Leader Acevedo. Mr. Clerk, take the record. On this issue, there's 113 Members voting 'yes', 4 Members voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 1151. This Bill, having received the Constitutional Majority, is hereby declared passed. Congratulations, Representative Walsh. Leader Dan Brady."

"The Journal will reflect your wishes, Leader. Representative Frank Mautino, we have, on the Order of Concurrences, House Bill 1577. Leader Frank Mautino."

"I would move that the House concur in Senate Amendments 1 and 6 to House Bill 1577. Amendment 6 is actually a gut and replace, Amendment becomes the Bill. And what this does is it brings Illinois into compliance with 09700148.doc 34  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 the Federal Dodd Frank Act regarding surplus lines. We need to put these… this Bill in place actually by July 1. This will allow for our Department of Insurance to maintain collecting the taxes for surplus line insurance. And I would be happy to answer any questions. Ask for your 'aye'…"

"You've heard the Gentleman's explanation. The Chair recognizes Leader JoAnn Osmond."

"Sponsor yields."

"Hey, I just saw the title."

"That group of 50 of us that met all summer long?"

"No."

"Okay."

"And actually, if we change the title of the Bill, it would have to go back to legislative first day…"

"…according to our rules. So…"

"…but it's in the right Section of the law. It does allow us to… means about $30 million to our General Revenue Fund. The ability to collect that tax by putting ourselves in compliance with the Federal Law. So, if we don't do this, that just goes away."

"Representative… Leader Mautino moves for the adoption of Senate Amendments #1 and 6 to House Bill 1577. This if 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? David Harris, Darlene Senger, Karen Yarbrough, would you like to be recorded? Mr. Clerk, take the record. On this issue, there's 85 Members voting 'yes', 31 voting 'no', 0 voting 'present'. And the House does concur with Senate Amendments #1 and 6 to House Bill 1577. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Sara Feigenholtz. Sara, on the top of page 11, on the Order of Concurrences, you have House Bill 1645. Representative Feigenholtz."

"Thank you, Mr. Speaker. House Bill 6… 1465 creates the Sexual Assault Service and Prevention Fund. It requires that strip… strip clubs that serve alcohol to pay into this fund, which is administered by the Illinois Department of Human Services. The goal of the Bill is to ameliorate the negative secondary effects associated with sexually oriented businesses to promote the health, safety, 09700148.doc 36  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 and welfare of the citizens of the State of Illinois. Many of my colleagues on the Human Services Appropriations Committee are aware that rape crisis centers have faced a 27 percent cut in general revenue over the past three years, resulting in fewer staff, longer waits for victims to receive services, and this Bill is designed to mitigate those cuts. It's actually agreed by the industry and has wide support. I'd be glad to answer any questions."

"Representative Feigenholtz, just to set the record straight, I think you inverted two numbers. You called the Bill House Bill 1465, and it was House Bill 1645, for the record. You've heard the Lady's explanation. Is there any discussion? The Chair recogni… recognizes Representative Mike Zalewski."

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

"Sponsor yields."

"For the purposes of legislative intent, Representative, the intent of this Bill says it is to ameliorate the negative secondary effects associated with sexually oriented businesses, so as to promote the health, safety and welfare of the citizens of Illinois. Can you explain what that means?"

"Representative Zalewski, I think I, in my opening remarks, mentioned that we have extraordinary budget constraints, as you know. And the state funding for sexual assault and rape crisis has dropped dramatically over the last five years. The Act is not intended to limit or restrict live nude dancing, nor is it intended to restrict or deny access by adults to live nude dancing." 09700148.doc 37  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Representative, that was a really good answer. I'm going to ask you to elaborate on that a little bit more."

"Our courts have consistently held at preventing or limiting the harmful secondary effects of increased crime, including violent crimes like rape, is an important or substantial government interest that we may further through legislation, such as this Bill."

"Thank you, Representative."

"Leader Mike Bost."

"Sponsor yields."

"Representative Bost, I believe the State of Texas just approved this."

"There's also an…"

"…opportunity to do it… a tiered… a tiered system."

"They could choose to pay a surcharge at a rate of $3 per person, or a graduated scale based on the gross receipts. And there are three categories for those."

"So, it's… no, actually, it's based on sales, Representative. So, less than 2 million is a $25 thousand annual fee, 500 thousand to 2 million is 15 thousand, and for establishments with less than 500 thousand it's a 5 thousand annual fee."

"Correct."

"Representative Jil Tracy."

"Sponsor yields."

"No, Representative, I do not."

"I don't think I do."

"You know, I… I think that the… it's hard to know, but I think the guesstimate is around $2 million."

"It… this Bill is… I'm not sure I know what you mean by cinema, Representative. But this… this Bill is live nude dance… and it… for establishments that have live nude dancing and also serve alcohol."

"This is not… this does not apply to that."

"'Cause it's not live."

"Oh, please, don't make me go there."

"Why don't you name it, Jil."

"Thank you, Representative."

"Coming from you it's high praise."

"Representative Bellock. Representative Patti Bellock. Seek recognition, Patricia?"

"Representative Ed Sullivan."

"Representative DeLuca."

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

"Sponsor yields."

"Representative, how does this Bill, or this tax, prevent or reduce sexual assault?"

"Representative, there are studies that have been… that have shown that strip clubs and communities around them. Strip clubs that serve alcohol are actually hot spots of crime and there's a lot of geo-mapping that have been… that's proven that more crime happens around these clubs than in other parts of the community. As I said in my opening remarks, the intention behind this legislation is to ameliorate the negative secondary effects."

"Would you agree that there is a disproportionate share of these type of clubs in economically depressed communities?"

"You know, I really don't know the answer to that. I'm… I'm getting… I'm uncertain that I can answer that correctly because they're not registered and we don't actually have all of that data. But I would… I would, with a little bit of hesitance, say yes."

"But with your experience, just in talking to people and meeting with the industry, would… you're saying you assume that, yes, that is accurate?" 09700148.doc 42  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"As I said, there… these are hot spots, and I think that there is an indication that there is a lot of activity in communities that are close to these areas."

"'Cause I… I did see a fact sheet that talked about the criminal activity around these facilities and really, that's a result of these facilities being in, generally speaking, in high crime areas. It has nothing to do with criminal activity on or inside the facility. Would you agree with that?"

"I… I'm sorry, Representative. Could you repeat the question?"

"Yes. I said I received a fact sheet that talked about the criminal activity around these establishments. And what I was saying to you is that, would you agree that the crime is within the community, in the high crime communities, where these establishments, generally, are located. It's not about criminal activity that's taking place on or inside the premises."

"Yeah, I… I did not infer that, Sir. So, no, I… I'm not saying that this is going on in those establishments. I'm saying that these are communities, where these locations are…"

"Shhh."

"…have some hot spots."

"Well, that's the conclusion I'm trying to draw here is that these facilities, generally, are in economically depressed communities, because that's where they have the ability to obtain the licensing and generally, those are higher crime areas. So, I don't want us to believe that 09700148.doc 43  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 there is crime taking place within these facilities. It might be taking place within the community where they're located. And I'm asking you if you would agree with that assumption."

"I can be agreeable about it."

"Okay. 'Cause one thing for sure is that these establishments, they cannot afford to have any criminal activity, or any problems taking place within their facility. That's why they have quite a bit of security taking place that they bring on. A lot of times, they hire off duty police officers…"

"I agree with you, Representative."

"…from within the community to help protect their facility."

"I understand exactly what you're saying and I… like I said, this is not a judgment on the owners and how they run their establishments. This is not designed to suppress their business or free expression. This is simply a Bill to help Illinois fund a very worthy line in the Human Services budget so that we can help ameliorate the problem."

"Representative DeLuca…"

"It is… it is…"

Speaker Lyons: "…Representative DeLuca, I have five other speakers. So, if you could bring your remarks to a close…"

"Well, give me a…"

"…I'd appreciate it. We'll give you another minute."

"I ask for a little leeway. I ask for a little leeway." 09700148.doc 44  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Give you another minute."

"And… and, Representative, I agree. The line item is not… there… 100 percent on the line item. I'm just… my line of questioning here is how we are obtaining the funding for that line item, and how we are singling out a specific industry here. Are you aware that in the City of Chicago, we have night clubs… Representative, in the City of Chicago we have night clubs that do sell alcohol and have pretty exotic dancing taking place within the… within the club that are not patrons, they're employees. Are you aware of that?"

"I don't believe so, Representative."

"You're not aware of it?"

"No. I am aware of it, but it's not covered under this law."

"Right. Exactly. Exactly. That's why I'm asking it is, why have they been excluded in this legislation? Why haven't these type of night clubs that have employees that are dressed similarly to how some of the people are dressed in these adult entertainment facilities, dancing similarly, there is alcohol. Why did you see fit that they should be excluded and not carry the burden of this tax?"

"You know, Representative, one of things that we tried to do when we drafted this law is to follow the Texas model so that we could be constitutional. If you have an interest in amending this or filing a trailer Bill, I would be glad to work on it with you."

"Do you have any other thoughts on why, other than copying another state's law on this…" 09700148.doc 45  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Yes."

"…why you don't feel that they should be included as part of this legislation…"

"You… this…"

"…to help… to help fund the pro… to help fund a very worthy program within the State of Illinois?"

"Representative, this was a Bill that the industry worked on with rape crisis advocates, sexual assault advocates, and a long list of people. My analysis shows me that there was agreement with them. It was Senator Hutchinson in the Senate, who very carefully and painstakingly, negotiated this with the industry. And they are proponents from what I understand."

"Who's propo… who's a proponent?"

"I'm sorry. They're neutral. They have no position on this now."

"Well, aren't they very rel… reluctantly taking a no position? Isn't that accurate?"

"Representative."

"They testified in committee as neutral, Representative DeLuca."

"Okay. One last comment. Mr. Speaker, thank you for giving me a little extra time. Representative Feigenholtz, thank you very much for answering the questions. I do think that it's interesting here where we have to make a decision on how we're going to vote on this, your moral beliefs, when you compare them to the role of government. There are many people in this room, on a lot of different issues, about intrusive government and singling out, specifically, 09700148.doc 46  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 picking losers and winners. This is very specific here, so it's going to be interesting to see how people vote when you take what you believe the role of government is and their taxing authority to what your moral beliefs are. So, thank you very much for the extra time, Mr. Speaker."

"Ladies and Gentlemen, I did not use the timer. We have five speakers left: Dunkin, May, Barickman, Morthland, and Mautino will be the last speaker. I'd appreciate it if you'd stay within the two minute time frame, please. We've thoroughly discussed this Bill. I know you have concerns. You want to be on the record, but please be considerate of everybody else's time. Representative Ken Dunkin, two minutes."

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

"Sponsor yields."

"Repre… Representative, this is a very serious matter. Certainly the subject matter that's tied into this particular tax on… on business. So, I'm looking at all the proponents, Illinois Coalition Against Sexual Assault, and there are a number of women organizations. So, was it explained of how much money is going to be generated? How much is that exactly?"

"I think the estimate is $2 million."

"About $2 million. And so, of these organizations… so these organizations will benefit directly? Is that why they're supporting this?"

"It's going into a fund, Representative, and these are organizations that typically… likely appr… apply for 09700148.doc 47  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 grants and are direct… that provide direct services to these victims of rape and sexual assault."

"Sure. So, that… so, these organizations that are for this, or proponents, they're likely to benefit from the tax. Moneys not going to the General Revenue Fund?"

"These are non-for-profit service providers…"

"I get it."

"…Representative."

"I… I get it now."

"I'm not sure that I would characterize it the same way you did."

"Well, Representative, it's just a question because… Okay. The question is relevant because there are a lot of other venues, there are party places, there are bars, that have alcohol, male/females dancing, and that they can… I mean, you can assume a lot happens after the party's over, after they leave a bar, male and females. And so, I'm trying to get a sense of, you know, sort of the… the additional motivation 'cause, you know, sex sells. Now, it's unfortunate that violence is connected with, you know, alcohol and some of these places, but I'm just trying to really get the rationale with it or this is sort of, you know, this is sort of what's going on right now. Because I can… we could also add a tax on, additional tax, where there's alcohol and dancing to also benefit domestic violence issues."

"Representative Dunkin, your two minutes are up. I'll give you one more minute, please, Sir." 09700148.doc 48  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Thank you, Mr. Speaker. And I… I'm just trying to get some… some clarity with this here. I'm not speaking against the Bill, trying to get some understanding because there's money involved. Representative, are… of these organizations, are there any organizations that deal with stopping… talking or communicating with males. Because we have to start dealing with the root of the problem and that's males at a early age, and how males are conditioned to deal with women when it comes to sex, when it comes to power, and when it comes to violence. Any organizations potentially that deal or work with youth at the grammar school, at the high school level, to really stop… you know, I have two daughters. God forbid a man or a boy put his hands on my two daughters. All right. State Representative Ken Dunkin or not. So, but… I also have a son that I speak with. So, what programs that will benefit from this tax that talks to males?"

"Representative, I applaud your insight to this issue. I really do. And it… I'm glad you asked about it. This year in the Human Services Appropriations Committee, we are funding a lot of after school programming, Teen REACH, things that are important to…"

"Yeah, those are…"

"…youth and communities and, hopefully, these are the kinds of things that empower children…"

"Time has expired. Representative Feigenholtz, if you want to finish your answer, that's fine, otherwise, I'll go to Representative Karen… Representative Karen May." 09700148.doc 49  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Thank you, Speaker. I would just like to mention that I am very pleased that there are Republicans and Democrats, men and women, speaking in favor of this Bill. The Sexual Assault Services Prevention Fund is a very important fund, and everybody has spoken to the fact the cuts have been made. This is a creative way to get money into very important programs. I also note, as we look at the proponents, that the Zachariah Sexual Abuse Center in my area, in Vermilion and all parts of this state, in Chicago and all parts of this state, this is… this will affect all of us and help provide these services. To the best of my knowledge, the Conference of Women Legislators does not have an opinion on this issue, but we should have. I know that many of us will support this. It is really very important. And I would just like to say at the suggestion of an esteemed colleague on the other side of the aisle, asking for a name or something, only in the moment of levity because it is a serious issue, I suggest we call this the best little tax in Illinois and vote 'aye'."

Speaker Lyons: "I clearly announced there would be five speakers left. The last two speakers will be Representative Barickman and Morthland. Representative Barickman, two minutes."

"Representative, your two minutes have expired. We'll give you another minute."

Speaker Lyons: "Our final speaker will be Representative Morthland. I announced clearly that there would be a final speaker. Representative Morthland, you're it, and then Representative Feigenholtz to close. Representative Morthland, two minutes."

"Representative Feigenholtz to close."

"Thank you, Mr. Speaker. I'd like to clarify one thing import…"

"Go ahead, Sara."

"…important for… for a point of clarification is both males and females will benefit from the services of sexual assault because not only women are assaulted. I thank the Members for such lively and diverse debate and for their various opinions. I feel as though we have found a creative way to help these victims, and I encourage an 'aye' vote. Thank you."

"The Lady moves for the adoption of the Senate Amendments #2 and 3 to House Bill 1645. 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? 09700148.doc 53  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Krezwick, Lang, Winters. Leader. Mr. Clerk, take the record. On this issue, there's 92 Members voting 'yes', 23 Members voting 'no', 3 Members voting 'present'. And the House does concur with Senate Amendments #2 and 3 to House Bill 1645. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Lou Lang in the Chair."

"Page 9 of the Calendar appears Senate Bill 3802, Leader Currie. Please read the Bill."

"Leader Currie on Amendment 2."

"Thank you… thank you, Speaker. I'd like to withdraw Amendments 2, 3, 4, and 5."

"Amendments 2, 3, 4, and 5 are withdrawn. Mr. Clerk."

"Thank…"

"Leader Currie."

"Thank you, Speaker. Can we amend the Bill and then I'll discuss it on Third Reading?"

"Seeing no objection, those in favor say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk." 09700148.doc 54  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Third Reading. Please read the Bill."

"Leader Currie."

"Thank you, Speaker and Members of the House. The Bill now does two things. First, as you may remember, a year ago, we said that no agency will have the authority to make grants until we have established that these are all done in the sunshine that we know and how transparent and accountable the grant making activity is. And the sunset on that authority is July 1, 2012. We have asked the agencies to give us information about the grants that are out there. Some have been slow to respond, so as of yesterday afternoon, there were some agencies that still weren't certain which of the grants they make are subject to this review, this accountability in sunshine process. We can't leave here, leaving those agencies without the authority to continue their grant making opportunities on July 1, 2012, but we are very unhappy that the agencies have been so slow to give us good information about what grant programs they cover, that ought to be part of this review activity. So, part of this Bill now says that that death date, the elimination of the authority to make grants, will happen January 1, 2013, rather than July 1, 2012. That will give the agencies time over the summer months to make sure that they have all of their grants before us when we come back in the fall Veto Session. The second part of the Bill is a redo of one of the Budget Implementation Acts that we did 09700148.doc 55  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 yesterday afternoon. Unfortunately, there was a procedural problem with that Bill, so this would just redo it. This was the Budget Implementation Bill that did things like extending IDOT's authority to pay the RTA for reduced subsidies, the cash transfer problem… cash flow problem in terms of the Tobacco Settlement Recovery Fund. So, we… we do in this Bill as we had done since 2002. We would let the Tobacco Recovery Settlement Fund have access to $80 million in General Revenue Fund, which they would pay back at the end of the year. The problem is the Tobacco Recovery money does not come in until April. There are a variety of other, very specific, provisions in the Bill. Again, as I say, most of them we have done at least last year and the year before, if not since as long ago as 2002. So, I would be happy to answer your questions rather than go through this line by line, piece by piece. But I'm more than happy to answer questions if you've got a concern with any particular part of the proposal."

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

"Leader Currie yields."

"Right. There are two portions to the Bill you see before you. One has to do with the ability of our state agencies to make grants, to make… to… to do grants to local agencies and so forth. That was not part of the Budget 09700148.doc 56  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Implementation Act yesterday, but the remainder of the Bill was."

"But we're redoing it because there was a procedural problem."

"I… I think it… it was… it's a procedural problem in the Senate. What we did was just dandy, but apparently, it doesn’t meet some of their procedural requirements. So, we're just… there's no substantive change between the Budget Implementation Act that we adopted in Senate Bill 3641 yesterday afternoon, and those provisions in Senate Bill 3802 today."

"You know, all I can tell you is it was disappointing that they were not able to give us… to give us the actual grants, actual numbers, and this is… this issue's been out there since a year ago. And why suddenly at the eleventh hour, groups are coming up to me at 11:00 yesterday morning, when we're prepared to go with the Bill that would identify which grant making authorities should extend for another five years, and it turns out their program isn't in it. So, they were distraught. They were distressed. And all I could suggest to them was that the agency that gives them that money ought to be a little bit more on top of responding to legislation that's part of the Illinois State Statutes. So, I don't know why the agencies didn't do it, 09700148.doc 57  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 but I would certainly say this, if we don't get a good accounting between now and the fall, between now and the Veto Session, I would be prepared just to extend those grant authorities that the agencies are able to tell us about."

"Mr. Kay for two minutes."

"The Lady yields."

"What I said was we put the agencies on notice a year ago. We said your grant making authority expires July 1, 2012."

"We want to know what you are doing. We want you to account for the moneys that you are giving to local community agencies, purchase of care agreements, whatever they might be. And the agencies knew, we put them on notice some months ago, that we plan to look at their grants. We plan to offer a measure that would extend their authority another five years, but we can't do that without knowing what those grants are. And it was disappointing and disheartening that, apparently, some agencies were not able to get the job done in a timely fashion."

"Not entirely, but it is correct to the extent that we want to know who got what, how, what were your criteria for offering the grants. This was not an auditing function, a performance audit, but we did want to know under what authority they are offering grant money. And we wanted to find out whether they… ways they were doing it looked legit."

"Leader Currie to close."

"Thank you, Speaker. I appreciate your 'aye' votes."

"Those… those in favor of the Lady's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Have all voted who wish? Cassidy, Mathias, Moffitt. Please take the record. On this question, there are 68 voting 'yes' and 50 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 5 of the Calendar, Senate Bills- Second Reading, appears Senate Bill 179, Leader Currie. Please read the Bill."

"Leader Currie." 09700148.doc 59  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Thank you, Speaker. Can we put this… adopt the Amendment and discuss the Bill on Third? The Amendment becomes the Bill."

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

"Third Reading. Please read the Bill."

"Leader Currie."

"Thank you, Speaker and Members of the House. This measure would create a state actuary in the offices of the… of the Illinois General Assembly's Auditor General. The idea is that this would be an actuarial position, somebody who could go and look at the state systems to have a second guess, a second look, at the accuracy, the validity, of the actuarial assumptions those systems are making. I know of no opposition, and I would appreciate your 'yes' vote."

"Mr. Reboletti."

"Majority Leader will yield."

"No. We are asking for it because we want… we want someone to have a second look at the actuarial assumptions that are made by the state systems. So, it's really just a kind of a second look to give us some security that, indeed, their assumptions match some kind of reality."

"Pardon me?"

"I think… I think it'll be a contracted position, and I think the value for us is that we'll have the assumptions that the… that the systems are making, but we'll have this that we can get information from this individual to respond to our questions."

"I would imagine year to year, but I don't know the detail. I've not talked to the Auditor General, specifically, about this."

"It'll be…"

"…he will… he will make the contract and, as I say, we're doing it because we think we… we would like security that the information we're getting from the systems is sound." 09700148.doc 61  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Yeah. The… the Aud… the Auditor General would be responsible for hiring the person, and the… or doing the contract, yes."

Speaker Lang: "Mr. Riley for two minutes. Mr. Riley. Representative Nekritz."

"Thank you, Mr. Speaker. To the Bill. It's no secret that we have an… a very large, you know, $83 billion unfunded liability. This last year, our pension… the increase in our pension payment went up a billion dollars, and I think that those… those numbers ought to give us some pause, and we ought to be able to understand them better as Members of the General Assembly. This important legislation will give us an opportunity to have a second review, a second look, at the actuarial assumptions that are going into the equation when those numbers are calculated. As a member of the Governor's pension working group, and I'm sure my… my colleague from Naperville would agree with me, it's been a little… the… the actuarial science is a bit muddled and a bit confusing. And I think it would really help us because of the enormity of the numbers… of the dollars that go into our pension systems, to have a second look at how those… how those numbers are calculated. And someone who is responsible to us, as policy makers, to help 09700148.doc 62  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 us understand those… that, as well. I'd urge an 'aye' vote."

"Mr. Riley."

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

"Lady yields."

"Leader Currie, was there any consideration as to the qualifications of the act… I think this is a great idea…"

"I… I…"

"…any consideration about the qualifications of the actuary?"

"I think we can count on the Auditor General to establish the right kind of criteria. He knows what we're looking for and I think he will do… he will make sure that whoever he's hiring is up to the task and has the right kind of background, the right kind of credentials."

"Because, as you know, there are different levels of actuary. There are tests that they take, and I would say that, you know, the highest level of actuarial qualifications would be something that… that we should expect this person to have because of the nature of… of our concerns are very complex. So I…"

"Right."

"…would think that the highest level of actuary…"

"Yeah. But… but let me just clarify that we're not asking this person to come in and recreate the entire actuarial experience. We are asking them…"

"Understood." 09700148.doc 63  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"…to review… to review what the state… what the systems, themselves, have done by way of assumptions and… and arithmetic."

"And understood, and part of the ability to do that though, I think, has a lot to do with the knowledge, skills, and experiences of the person."

"Absolutely right and, you know, you might want to talk to the Auditor General to make sure he gets how important it is to insist upon the highest possible qualifications."

"Great Bill. Thank you."

"Mr. Pritchard."

"Leader Currie yields."

"I… I think there are questions rather than that we are certain that something is wrong, but they're always… they're first, all… always questions about the investment assumptions that the actuaries are making. And as you know, we are living in an era of relatively low interest returns on investments, and yet the systems often continue describing an 8 or an 8.5 percent return on investment. So, we think that we might get some external, some outside, second guessing, second look, at the numbers that the actuaries give us from the systems and maybe they'll agree entirely that these assumptions look reasonable and that the numbers that they're giving us look right. But I don't see… it seems to me, just as we hire an Auditor General 09700148.doc 64  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 responsible to the Legislature, not to the Executive Branch, that we ought to have some way of independently gauging the accuracy of the information the systems give us. And that's exactly what this measure would do."

"We do not. Not to my know… not from the General… under the General Assembly staff…"

"…which is why we think the Auditor General is the right place to house the… the…"

"…the activity."

"I do not."

"I… I can't because, as I say, this person will… will have actuarial expertise, will be reviewing the information that the systems give him or her rather than recreating the whole dataset."

"This is not going to be a…"

"You know, I would think it's going to be one, although, I don't know that at this point. This is not a full-time job. This is somebody coming in at the back end, looking over the materials provided by the systems just to 09700148.doc 65  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 make sure we have some security in the information we get from the systems."

"Representative Senger."

"Lady yields."

"Leader Currie to close."

"I think Representative Seng… Senger closed very well for me. Please vote 'yes'."

"Those in favor of the Lady's Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Please record yourselves, Members. It's Thursday. Have all voted who wish? Please take the record. On this question, there are 112 voting 'yes', 6 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 7 of the Calendar, Senate Bill 2621, Leader Currie. Please read the Bill, Mr. Clerk."

"Third Reading. Please read the Bill." 09700148.doc 66  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Leader Currie."

"Thank you… thank you, Speaker and Members of the House. This is a measure that would make it possible for the State Department of Corrections to provide limited service credits to inmates who are behaving well, accessing educational programs, other programs in the facility; perhaps, volunteering to do community service. For example, if there's a flood, going out and providing sand bags and so forth. This measure came out of the Senate 55 'yes', 1 'no'. It also had 63 proponent witnesses when we heard it in committee. The point, really… really, there are two points. One is that our prison system is severely overcrowded. Built for 34 thousand inmates, today we're pushing 49 thousand. Some of our inmates are living in really quite miserable conditions because they are so overcrowded. And there is a second and very important risk. You know what happened in the State of California. Ultimately, the Federal Courts came in and decided that they, not the state, should run the prison system. Now, the Federal Courts didn't pay the costs of the changes they required. No, indeed, that of course fell to the citizens of California and to their elected Representatives. The result has been open the doors, large numbers of people leaving the system, people who are not good for the rest of the body politic. I think if we pass this Bill, we may alleviate the likelihood that we will become another California and that to me is very important. A second value 09700148.doc 67  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 of this Bill is that it gives the guards on the ground some incentives to offer their inmates. It gives people a reason to behave well, not badly. The sentence credits that are offered under this proposal are limited to those who are not violent offenders. There's a list that references the Crime Victims and Witnesses Act so that the violent people will not be eligible for this and that to me, is… is very critical. And the… because they will not be eligible for the credit, there is no, I think, risk to the body politic that the wrong people are going to be walking out of those prison doors. This is very different from the old good time push that we had, in which the department could not take into consideration things like an inmate's prior criminal history. In this measure, the department will be able not just to look at the… the charge that got this person into the slammer in… today, but what kind of criminal history did this person have in the past. The department has gone out for a risk assessment tool. They've done the RFP. That, too, will help ensure that only people who are safe for the rest of society will be able to take advantage of this program. The total number of days of credit that can be offered by the department is 180. This is not an expansive program, but it is one that will, as I say, enable us to avoid California. We don't want to be California. And at the same time, will help us manage the people in the prison system more effectively. I'd appreciate your questions, your comments, and I certainly would appreciate your 'yes' votes." 09700148.doc 68  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Lady moves for the passage of the Bill. The Chair recognizes Mr. Sacia for two minutes."

"Lady yields."

"Mr. Dunkin for two minutes."

"I, too, would like to commend the Sponsor, certainly for this… this legislation, and certainly with Representative Sacia. To have Representative Sacia on this legislation speaks volumes. He is someone that I have the 09700148.doc 69  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 upmost respect for and, really, taking our… our system back into the realm of rehabilitation is where all of us want to see happen, especially with inmates successfully completing programs within IDOC and just staying in compliance, bettering themselves, doing service to the community, service to the institution, and service to our state. Congratulations, Representative Currie, on this positive and forward legislation on rehabilitating our inmates and giving folks a second chance. Thank you."

"Representative Bellock for two minutes."

"Lady yields."

"Yeah, I… I…"

"I… I think… I think they would be covered, Representative. I…"

"Well, I'd hope that we…"

"Yeah. I know you do, and I appreciate that, Representative. And I would hope that if they're not going to keep some of these ATCs open, then the inmates are transferred to other ATCs where there may be more space or to halfway houses. I don't know at what point people are eligible for the ATC program, but your concern is a legitimate one."

"Leader Currie to close."

"Thank you, Speaker. I… I left out one element of the Bill, which I think is important, and that is that the department would be required to create an advisory committee that would report to us, and to the Governor, and the general public, telling us the number of inmates that get the sentencing credits, the average time and so forth, the types of offenses that were… offenses that were involved. And we would get the first of th… these reports January 1, 2014. So, we will know at the end of the day how well and how effectively these programs operate. I'd appreciate your 'yes' vote."

"Those in favor of the Lady's Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Record yourselves, please, 09700148.doc 71  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Members. Barickman, DeLuca, Harris, Mitchell, Ramey, Watson. Please take the record. On this question, there are 68 voting 'yes', and 50 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 6 of the Calendar, appears Senate Bill 1566, Leader Mautino. Mr. Clerk, please read the Bill."

"Mr. Mautino on the Amendment."

"Thank you. Speaker, Ladies and Gentlemen of the House, Senate Bill 1566 is the IDNR Sustainability Package and it's a process that has taken a year. And just to take you back to where this started from, a year ago, the week before Memorial Day, the Illinois and Michigan Canal went dry. The pump that pumps the water into that canal had broken. The backup pump had broken five years ago. And so, 10 thousand people come to the area to learn about the Illinois and Michigan Canal and the canal boat, an $800 thousand boat sat resting on the bottom of the canal, slumped to its side. DNR did not have the funds to fix the problem prior to that weekend. In addition, they did not have the ability to do the maintenance… to do the maintenance with this. So, local people, the Illinois Cement rented a pump. The operating engineers brought in a volunteer and… and the problem was solved. They fixed the pumps, but it led us to a… to a bigger, larger problem. So 09700148.doc 72  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 we put together a plan which would save DNR, whose funds, by 10 years, are… of underfunding of the department or using resources of an agency that take $80 million to run and funding at a level of about 50, making them burn down their reserves. We got together, we introduced a budget where the department came in under the Governor's level. We sat in downstairs with the groups who were interested, and we eliminated mandates and programs that the department could no longer afford to do. You all voted for that. That was House Bill 404. This package today has been agreed to by 50 groups that sat downstairs in Room 100 and looked at all of the fees necessary to fund the Department of Natural Resources. The fees in the Bill are agreed to. They have dedicated funds. There is no sweep language in the Bill. We have a letter from the Bureau of the Budget and the Governor that says these funds will go where they're intended, and they will not reduce the GRF payments to do a bait and switch. The final piece is… the Governor called and also, when… when I was asked by Members, the Bureau of the Budget promises, fine, what about the Governor. The Governor called, he looked at the package, he said that this structure and these fees saved DNR, not only just the parks, the Division of Waters, the Division of Mines. He will not reduce the GRF. He will not sweep these funds, and they will go to where they are intended to go. The Bill contains a $2 increase in the Illinois license plates. There were concerns by the roadbuildings and some of the groups. We have created dedicated funds. One dollar of that fee increase will go, specifically, to the State Park 09700148.doc 73  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Construction Fund, unsweepable and protected. That $1 generates $11 million. It is bondable to 90 million. I don't recommend they do that, but PAYGO for 11. The other dollar keeps the parks open. We do not have to put booths at the parks. If you have an Illinois license plate on your car, take your family, go to the parks, visit, fish. There's no booths. No one will stop and ask for stickers. Sportsmen's fees, hunters are not increased. I ask for an 'aye' vote. And I'll ask… answer questions."

"The Gentleman has moved for the adoption of the Amendment. With everyone's indulgence, can we move this Amendment to Third and then take questions? Those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

Speaker Lang: "Mr. Mautino's explained the Bill. We'll go directly to debate. Mr. Sacia for two minutes."

"Mr. Ramey for two minutes."

"Gentleman yields."

"Yes."

"Well, under the structure of… for… point of sales system that already exists. So, we don't have to recreate anything. So, if you have a license plate on your car, go to the… that's from Illinois…"

"Right."

"Pass on through."

"Stop in, see the ranger."

"It has the designation of a state park. And, first of all, I'm sorry about that. I… you told me about that today. I didn't realize. The park's fund, currently, will go bankrupt this year, and please understand, these fees would not come into to play until after January. So, about half of the money in this Bill would be generated, so there would not be the opportunity for that park system to be added back. I do support it. I didn't… I was a… I did not know that Pate Phillips State Park had been taken out by Governor Blagojevich. But I guess it also points that… that this fund is broke, so if we wanted to, we have to fix the fund."

"Yes, I… I…" 09700148.doc 76  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Yeah, I can't guarantee that. This fund… thanks to the Appropriations Committee, DNR budget will survive through this year, but they will have to use their reserves. Takes 80 million to run it. There's about 42 million there. Their reserves in the five basic areas outside of parks will be depleted. So…"

"…in the future…"

"…I'd like to help."

"Excuse me?"

"Yes."

"Through concessions and licenses that are out there. The concessionaires, basically, bid and a portion of the moneys that they bring in comes back, and it might… based on their gross sales that they take in."

"And this… this deal actually saves those businesses, and that's general revenue."

"Mr. Brady for two minutes."

"Gentleman yields."

"One hundred twenty-two."

"And 324 total sites."

"Total sites on there, that'd be your natural areas. That would be 500 thousand acres of property, as well."

"That's a great question. Thank you for allowing me to break that out. The total amounts of revenues would be the $22 million primary source of revenue from the $2 license fee. The total package, which would include mine fees for the Office of Mines and Minerals, that is $4 million. That is paid for to make sure we have mine inspectors, and that we can get rid of the backlog of a year worth of permits that's undone. Total package is just a little bit under $31 million. It will generate, in the next year, about half of that because by the time you start in January you would 09700148.doc 78  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 have half of a fiscal year. So, say about 14 million next year, fully actualized in '14 would be 32."

"The 50 million inside the budget was achieved by refinancing the state's $20 billion in debt. A portion of that, any that was available, where the times they could be refinancing… refinanced, and by taking the savings from that, on the lower interest rates for refinancing, it generated $50 million towards the budget. That's where that 50's from. And I believe that was the general state aid education. That's… that's inside the budget, itself. These fees would be dedicated funds to go to each of the funds that they were set for, and it would supplement our General Revenue Fund level of $42 million."

Speaker Lang: "Mr. Brady, your time has expired. Please complete your comments, Sir."

"No. I believed as it passed, I think that was to the Common School Funds, a move the… to move the proration of the schools from 88 percent next year, up higher, so they're prorated less. I believe."

"Yes. Actually, it's through the Secretary of State. It is patterned off what we do for the State Police. The State Police receive $1 from the sale of a license plate. That goes to purchase their cars. There's an automatic transfer that goes from the Secretary of State, over into that fund. In this case, $1 will go to the Construction Fund, which will pay for roads in the parks and infrastructure. We've got $780 million worth of undone work. The other dollar will go to the Parks and Conservation Fund, and that dollar will keep those parks stable and operational. It's personal."

"Yep. And they… we don't have to build the gates. There won't be any gates. We don't have to hire anyone to collect it. If you have a license plate, go to the park. If you're from out of state, stop and see the ranger and enjoy our facilities. If you're going to a lodge or a concessionaire area, those are sticker-free zones. Go there, bring your family, enjoy our… our Illinois. And for Illinoisans, there is no sticker."

"There are still four people wishing to speak. The first is Mr. Harris for two minutes." Harris, D.: "Thank you, Mr. Speaker. And I will try to be brief. Ladies and Gentlemen, let's make no mistake about it. The headline in tomorrow's paper, if you… if this Bill passes, is going to be the Legislature votes an increase in license plate fees. And for all of those in tough races, be 09700148.doc 80  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 prepared, the fliers are going to go out if you vote for this. Representative X never made… never met a fee he or she didn't like. You voted for license plates increases. You voted for tax on ATVs. You voted for tax or fees on… on voters. But I'm a cosponsor of this legislation and I don't have any parks in my district, but let me tell you why I am a cosponsor and why I think this Bill is so important. It says a lot about the State of Illinois and the finances in the State of Illinois. We cannot properly fund this state and provide the services that are so needed for people who deserve and… and expect the services that… that the state should be providing. It is easy to say cut. I'm probably one of the first ones to say the first thing the state should do is cut. Unfortunately, our cuts have not been provided or have not been applied evenly, and many departments in this state cannot function properly, and DNR is a… really a prime example. In FY07, the department's general revenue funding was 100 and roughly 10 million dollars. For the next fiscal year, it's going to be about $45 million. I'd say that's a fairly substantial cut. I say that's a fairly substantial reduction. So, they say… yesterday, the Gentleman from DuPage said, well, why didn't the direct… director of the department simply come and ask for more money. I was a director of a department. When your boss, the Governor, says submit a budget that is nine percent lower, that's what you do. You submit a budget that is nine percent lower. He's not going to go in there and argue for a higher budget. This department needs additional funds. And it's not just parks. It's hunting, fishing, 09700148.doc 81  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 boating, waterways, mines and minerals, oil and gas. How do they operate now? Let me tell you what they're doing because they're not getting enough general revenue, they're using what's known as other state funds. Funds like the state park's funds, the Natural Acquisition… Natural Area Acquisition Fund, the Parks and Conservation Fund, and the boating fund. You would think that these funds would be used to spruce up our parks, for boats, for natural acquisition. They're not. They're used to fund employees and they are being depleted. This is a tough vote, no question about it. But I will tell you something, this department is eating itself alive. It needs the assistance. Tough vote, but I recommend strongly an 'aye' vote."

"Mr. Phelps for two minutes."

"Thank you, Mr. Speaker. To the Bill. I want to commend Leader Mautino on this issue. He truly is being a… a great leader on this, getting all the groups together. He's been working on it for about a year. Remember, folks, this is an agreed Bill. All the groups, groups that this affects, had input on the Bill and they helped author this Bill. I was talking to my friend the other day, Jim Riemer, used to be deputy director of DNR, and he… we were afraid about the sweeps. Well, guess what. We have protections in here about any Governor trying to sweep these funds, because they're going to be dedicated. Ladies and Gentlemen, this Bill is going to save DNR, and we can't put it off another day. I urge an 'aye' vote."

"Representative Cole for two minutes." 09700148.doc 82  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Representative Mulligan for two minutes."

"Gentleman yields."

"The Office of Water Resources."

"I believe you're referring to the Office of Water Resources, yes."

"Yes."

"Yes."

"The… I brought this up in the discussions. I'm also on General Services. The Bill, House Bill 405, which talked about the entire problem of not only the parks, went through Ag and Conservation. It… and there were three 09700148.doc 84  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 pieces to this whole program. Piece one, the departments had to go through and find savings and eliminate things in their department, and they did that, and introduced a budget below the Governor's level. So, in our… since they did that, in our Appropriation Committee, we said you can be passed the first round of general cuts. So, their budget introduction was less than the Governor had requested. So, that's why we did that. Secondly, we did House Bill 404 and which, incidentally, Representative Osmond and Phelps sat with the 50 groups while we reviewed 800 mandates and took them out. They're the ones that we could, and change and cut programs to save another million. The final piece of this, to make it sustainable, is this piece. And I have said that in each of the committees, and I've said I'm going to come with a Bill which is very hard but necessary and that's the reason. I've talked about this. Your staff has been in all of my meetings, and I appreciate their work. They helped us design these. Without both staffs, Representatives Osmond, Phelps, the entire package, those two Bills taken together save DNR and provide sustainable funding. That's my answer to the previous speaker."

"Representative Mulligan, your time has expired."

"Please grant her time."

"Please… please complete your comments."

"We have two speakers left for two minutes each, Mr. Rosenthal and Mr. Bradley. First, Mr. Rosenthal."

"Gentleman yields."

"Yes."

"ATVs that are being used for private use. It excludes agriculture at the request of the Farm Bureau. So, the… those are the… ABATE proposed this fee in order that the money would… to go into their funds with a promise of no sweeping."

"No."

"There's an exemption. It's… it does not include the farm vehicles." 09700148.doc 86  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Farm Bureau is also neutral on the Bill. We took care of their… that's important for people to know because they had three issues. We were able to get them resolved."

"If you're using them out in… if you are taking them off into a public lands, recreational area on there, then they would have to have a sticker."

"It doesn't; they're excluded."

"Right."

"Correct."

"Mr. Bradley for two minutes."

"Sponsor yield?"

"Yes."

"Leader Mautino yields."

"What was the headcount? How many employees did the Department of Natural Resources have 10 years ago?" 09700148.doc 87  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"When their budget was $110 million of general revenue fund, they had 2602 employees."

"And what is the headcount at Department of Natural Resources currently?"

"It is 1115 employees, of which a third have applied to retire."

"And we have just as many natural parks, right?"

"We have more natural parks, more natural area, more purchased open space land."

"And DNR, also, does a very important service for the state in terms of regulating natural resources?"

"Yes, they do. And…"

"And… and so, DNR is one of the agencies that actually has potential to generate money for the state, both with its regulation of natural resources and through the promotion of our natural beauty at the natural parks?"

"That is very correct, Sir."

"So, by starving this agency over the last 10 years, we've actually been starving ourselves, because this could be an economic engine if we would actually fund it adequately."

"That's true. We have had a year-long backlog in trying to get new economic development projects set here in Illinois, get them their permits to start. And they generate for us, through the DNR and these, about $32 billion a year."

"To the Bill. This is an opportunity…"

"And 90 thousand…" 09700148.doc 88  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"To the Bill. This is an opportunity for the State of Illinois to fund an organization and agency which actually has the ability to help develop, economically, two of our most underutilized resources and economies, natural resources and tourism. It's vitally important that we keep this agency going, that we provide adequate funding to do those things to make sure that our waterways are safe, make sure that our environment is clean, and make sure that we can continue to function these parks, and continue to manage and regulate natural resources in the state. I would strongly encourage an 'aye' vote."

"Mr. Mautino to close."

"I thank everyone for their participation in the debate. This Bill, combined with House Bill 404, Senate Bill 1566, provides stable funding and future growth and potential for the Department of Natural Resources, safety for the parks, keeping our parks open, economic development, and it does this by an agreed process where every one of the 50 groups at the table proposed their fees, which were reasonable and doable to them, asked that it not be sweepable. We have a letter from the Bureau of the Budget. We have the word of the Governor that he will not sweep them, and he will not reduce GRF. And we have language in the Bill, thanks to the committee and Representative Watson making that suggestion. This Bill provides sustainable funding into the future. It is agreed, and the cost of doing that and providing stable funding is less than one gallon of gas per year. The contentious part is less than one gallon of gas per year, less than one 09700148.doc 89  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 penny a day. It creates stable funding. I would ask you to vote 'aye'."

"Those in favor of the Gentleman's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Have all voted who wish? Mr. Walsh. Please take the record. This question, there are 58 voting 'yes', 60 voting 'no'. And the Gentleman asked for Postponed Consideration. Page 7, Senate Bill 2537, Mr. Franks. Please read the Bill."

"Mr. Franks."

"Thank you, Mr. Speaker. I'd like to withdraw House Floor Amendment #4 and instead, adopt House Floors Amendment… House Floor Amendments 3 and 5. And if we could discuss this on Third Reading?"

"Mr. Franks, neither 3 nor 5 are out of Rules, so we should take this Bill out of the record until you straighten that out, Sir."

"Thank you."

"Next Bill would be Senate Bill 1064, Leader Acevedo. Please read the Bill."

"Third Reading. Please read the Bill."

"Leader Acevedo."

"Mr. Speaker, I had an Amendment."

"Mr. Acevedo, I don't think the Amendment is out of Rules, because the Clerk doesn't have the Amendment."

"Well, that's why we brought it back to Second and…"

"Do you have something other than Floor Amendment 1? That Amendment was adopted. Mr. Clerk…"

"No. Okay. If it was…"

"…could you read the stat… could…"

"…if it was adopted, I apologize. Okay."

"Do you… do you have the right Amendment on the Bill?"

"I got it."

"Please proceed."

"All right. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1064, the Bill extends existing state policy opposing private prisons. Since 1990, Illinois has barred contracting with private companies to run state prisons. Last year, we amended the statute to cover local governments so the county or city cannot privatize its jail. That Bill, House Bill 2590, passed 115 to 0 in the House, and 56 to 1 in the Senate. Existing laws do not cover civil detention. It only covers correctional 09700148.doc 91  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 facilities for criminal detention purposes. Senate Bill 1064 will extend this policy to cover any detention, criminal or civil, including immigration detention. The people of Crete, who you would think would be the most eager for these jobs, overwhelmingly, do not want this facility. More than 1 thousand residents out of 9 thousand have signed petitions rejecting it. They say the facility will place huge burdens on their community, traffic police and other costs, as well as abuse that a private prison company could bring. If you don't want the facility or the jobs that come with it, how credible are these claims about the benefit to the community? Any construction jobs that Crete would create would only be temporarily. We would just… we… we should be just as concerned about how the building will be used long-term. The people who work there, and the people who would be held there, and the burdens it will put on the community. We should be concerned of the record of abuses in companies like CCA that inflicted on inmates, on their workers. And real briefly, I'm going to tell you about some of those horrible… their record regarding detainees. I'm going to tell you two new stories that happened last week highlights, the problem with CCA and private prison generally. On May 25, the parents of Clifford Medina, sued CCA for its negligent handling of Medina, a 23-year-old disabled man who was killed by a fellow inmate in the CCA facility in Arizona. On May 20, a riot broke out at the CCA run Adams Correctional Facility in Mississippi, 1 guard died and 19 others were hurt. Ladies and Gentlemen, there's been cases of gladiator 09700148.doc 92  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 schools that allegedly ran at the Idaho Correctional Center where guards use violence to intimidate inmates, a lack of proper health care. And Ladies and Gentlemen, let me tell you about the story where someone came and told me that they're going to lose jobs. Well, I have proof here in a document that says the warden says that they hire within. They bring people from out of state to run these prisons. This is not about hiring people in the State of Illinois. He says it himself, we hire from within, from CCA. And CCA does not have the… a federal contract yet. So, I'm happy to answer any questions."

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

"Gentleman yields."

"There… there's one."

"I… I stand corrected, Representative. I believe there's three. One's in Mt. Vernon and one's in Woodstock, and the other one is in Tri County."

"The Tri County is 1999. Jefferson is April 16, 2012. And McHenry/Woodstock is the same date, April 16, 2012."

"It's in… it's in southern Illinois."

"There are 215 in Tri County. There are 80 detainees in Mt. Vernon. And there are 268 detainees in Woodstock."

"Well, I didn't get a chance to look at this… through the stack of this, but it tells about all the complaints that have been through Welch, the private prisons in the state, and here in the United States."

"Well…"

"Mr. Reboletti…"

"No. I…"

"…your time has expired. I'll let Mr. Acevedo answer and you could make some closing comments, if you wish. Mr. Acevedo."

"Well, Representative, to be honest with you, I look at it this way; here in the State of Illinois, we're closing down prisons and people are losing their jobs. I… I prefer that the… the government deal with the detainees 09700148.doc 94  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 instead of a privatizing, because once that happens, it's no longer about a human being. It's about making money."

"Mr. Reboletti."

"Those… those are county facilities. Those are not state facilities."

"I'd be willing to talk to you about it, as long as the… the state runs the prison instead of a pri… privatizing it."

"Mr. Reboletti, time to bring your remarks to a close."

"If you want to comment about the Bill, I'll let you do that."

"Mr. Bost."

"Your request is acknowledged, Sir."

"Gentleman yields."

"Yes. And… and that was a… the Amendment that I put in, Representative, due to the fact that there was some issues with labor downstate who are concerned that… the facilities that are open now, the people would lose their jobs. No. They are all grandfathered in."

"Well, as… as I said, Representative, I don't think the… the… carrying over inmates in detention centers should not be privatized for humanitary reasons."

"I said I don't believe that any prison should be privatized for humanitary reasons." 09700148.doc 96  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Mr. Durkin for two minutes."

"Gentleman yields."

"ICE are the one… is the group that usually puts them in there. They're undocumented."

"Correct."

"That I'm not sure. No, no. They're just being detained."

"Yes."

"In the local prisons."

"Compared to the abuse that's been documented with these private prisons, absolutely… okay." because…" Acevedo: "…because the state is required to make sure 09700148.doc 98  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 these prisoners are cared for. There… these are not required for the private prison system."

"They oppose it, but Representative, you didn't give me a chance to respond to the comments you made before."

"First of all, I congratulate you for doing the probono work on the immigration detainee. But don't you think that if you care about that indivi… individual so much, don't you think you want to put him in a safer environment than the abuse that these… that these prisoners are being taken care of in this private section?"

"Secondly…"

"…secondly…"

"Well, I was… I was just going to finish my comment, and I was going to say that while these families are being torn apart and being held and… and detained, don't you think they'd rather be closer to their families so they can visit instead of coming all the way to the… from southern Illinois?"

"Mr. Ramey for two minutes. I remind the Members that this is the day of adjournment. There are still five Members who wish to speak. Please keep your remarks as brief as you can. Mr. Ramey."

"Mr. Reboletti."

"Gentleman yields."

"Seven hundred and eighty-eight beds."

"It… it would not eliminate the need for the other ones, no."

"That, I'm not aware of, Representative. But let… let me make something perfectly clear to everyone here. This facility has not been approved… final approved… approval yet. So, by all means, this company believes they already got it. This is an open bid contract. So, this is not… this is not finalized in any way that CCA has… has a contract."

"And… and as far as the Obama Administration, there… the Obama Administration is now looking at ways to go away from reducing the detention centers."

"Mr. Reboletti, your second set of two minutes…"

"…has expired." 09700148.doc 102  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Thank you, Sir."

"Well, I don't know if the administration would want to do that since Indiana doesn't have any privatized prisons."

"Mr. DeLuca for two minutes."

"Thank you, Mr. Speaker. To the Bill. The Village of Crete is located in my district. As recently as yesterday, Legislators were coming up to me and asking me. And it's true. It is in my district. It's in the southern part of my district. It's where my legislative district office is located. And the mayor of the town, I have a very good relationship with him, have high regards for him. He's a long time mayor. I served, and have worked with him, at the time I was mayor. And long before there was legislation pending in the General Assembly, when this was just an issue that the Village of Crete was considering, I took the position that it's a local decision. I would not put any influence on it. I would not try to persuade them to take a certain position or go a direction. It was up to them to conduct their due diligence and make a decision on this matter. Well, when legislation popped up, and very quickly moved through the Senate, and all of a sudden was pending 09700148.doc 103  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 in the House, the situation had changed. I then went to the… the village and sent a letter. And I thank the Sponsor of the Bill for, at the time, I wasn't sure how quickly this might be coming up for a vote, and I asked for a little bit of time to send a letter to the village asking them to please take a position on this matter. Do you wish to pursue it, or do you not wish to pursue it? It's pretty… very basic so that I know how to represent them accordingly here in Springfield. You know, we all talk about it. Everyone here in Springfield knows why we're here, and that it's our responsibility to represent our constituents, to represent the communities, partner with them. Representative Bost said it so clearly the other day. We have to know how to represent our people. Well, unfortunately, that letter was not perceived in a way I had hoped. Apparently, they didn't understand how the representative government works. They… maybe they don't understand that it's important for them to tell me where they stand on this, how they feel on this issue, so then that I can come to Springfield on their behalf and represent their interest. Well, still to this day, they have adopted a wait and see approach. They couldn't even tell me, yes, Representative, we would like to at least continue to pursue it, and then I would know what to do here in Springfield. Ironically, they actually criticized me for showing them the respect, for going out of my way, giving them the time to conduct their due diligence. But when it came to the timer, we were getting close, where a Bill could be called for a vote to potentially kill a 09700148.doc 104  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 project in their town, I had to the send a letter and said the time is now. And I realize that it may be a burden on them. I realize they may view this as a controversial issue in their town, but nonetheless, a decision had to be made. Well, they've never made a decision, so I made the decision with my district office, and I have a wonderful district manager, Donna Fanning and with her help the last few weeks, we have conducted a very intense outreach to all of the residents of Crete. We made the decision that we had to bypass the village. We had to bypass the elected officials in Crete, and go directly to the residents to determine where they stand. Well, I'm convinced, as I stand here today and speaking with so many residents and conducting this outreach and opening up all lines of communication to find out where they stand, I believe the pulse of the people of the Village of Crete is to support this Bill. I intend to stand with the people of Crete, and I will be voting 'yes'. Thank you, Mr. Speaker."

"Mr. Watson for two minutes."

"Leader Acevedo yields."

"No, they have not."

"Last speaker will be Mr. Tryon for two minutes."

"Mr. Acevedo to close."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. You know, we talk about this facility bringing jobs. I beg to differ. This is going… we're going to lose jobs, folks. If this facility is… is built, the three… it's going to take away from the three other private detention centers that already held. And I want to tell you something to the trades people. I want to read a little story to you how they say that they're going to hire people to build this detention center. Today, the 27… 2… 270 View Internet blog would like to bring to the public's attention violations of several United State's laws by Corrections Corporation of America at the Stewart Detention Center while current CCA, Adams County Correctional Center Warden Vance(sic-Laughlin) was SDC's warden. During this time period, immigration and customs enforcement officials discovered that illegal immigrants were brought in to build these detention centers. Illegal immigrants. So, in other words, they're building their own home. Now, you heard the warden said himself, they hire within. They hire within their company. CEA(sic-CCA) does not have a facility in Illinois. Illinois citizens are not going to get these jobs, folks. And the 09700148.doc 107  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 people from the trade unions, believe me, you just… you just read it here in the story. They're hiring undocumented, and they're going to hire people from out of the State of Illinois. Please vote for this Bill."

"Those in favor of the… Mr. Acevedo moves to… for the passage of Senate Bill 1064, and Mr. Bost has asked for a verification of this Roll Call. All Members will be in their chairs and vote their own switches. Those who are in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Gordon. Please take the record. On this question, there are 55 voting 'yes', 61 voting 'no', and 1 voting 'present'. And the Gentleman moves for Postponed Consideration. Mr. Clerk."

"Ladies and Gentlemen, we're going to do some Concurrences, starting on page 12 of the Calendar. Because it's adjournment day, it would be good if people were ready. It would be good if we ran through these as quickly as we possibly can. Of course, those who wish to speak, may, although, it would be discouraged. House Bill 3826, Representative Chapa LaVia. Please proceed."

"Speaker, does that mean me too? Can we just pass it? I concur." 09700148.doc 108  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

Speaker Lang: "You… you'll have to explain the Amendment though."

"Oh, I'm sorry."

"Yeah."

"I was a little confused. I was a little dizzy from yesterday's debate. Okay. What we do… I'd like to concur on Senate Amendment #1. It puts our… our Bill in compliance with ADA, a federal regulations. And I ask for its concurrence."

Speaker Lang: "Lady move that the House concur in Senate Amendment #1 to House Bill 3826. 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? Record yourselves, Members. Have all voted who wish? Flowers, Ramey, Senger. Please record yourselves. Representative Senger. Please take the record. On this question, there are 117 voting 'yes', 1 voting 'no'. And the House does concur in Senate Amendment #1 to House Bill 3826. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4521, Leader Currie. Please proceed."

"Thank you, Speaker and Members of the House. This is an issue dealing with mortgage brokers. And my understanding is that… that it's an effort to make sure that everybody is behaving as he or she should, given the kind of… of license that he or she qualifies for. And the concern on the part of IDFPR that shows Illinois ranking among the top five states with the highest incidence of mortgage fraud, the prevalence of foreclosure practices 09700148.doc 109  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 like robo-signing, and the surge in borrowers trying to get loan modifications. As this Bill comes to us back from the Senate, it is supported by the agency, by the mortgage bankers, the Illinois Association of Mortgage Professionals, the Illinois Office of the Attorney General, the Housing Development Authority, Cit… Citizen Action, and AARP. I'd be happy to answer your questions. I know of no opposition to the Bill."

Speaker Lang: "Lady moves that the House concur in Senate Amendment… Senate Amendment #1 to House Bill 4521. The Chair recognizes Mr. Reboletti."

"Leader yields."

"I'm looking back, the only change the Senate made was to make this… give this Bill an effective… an effective date, and I'm just trying to check. Yes, there is an increase in the fee from $2,043 under the Residential Mortgage Licensing Act, from $2,043 to 2,700. But again, this is a… a Bill that was agreed to by the people who are subject to the Act."

"I know. I said… pardon me?"

"That… partly the database, yes. And that, as I say, this is an initiative of the department. Illinois does have a very high rate of instances of fraud, instances of inappropriate suggestions to buyers about what kinds of mortgage… what forms of mortgage might be appropriate for them."

"And again, all the Senate did, as I said earlier, was add an immediate effective date."

"Representative Mulligan."

"Yes."

"Lady yields."

"You know, it's not clear to me whether they would have to go to JCAR. The Bill is very specific as to the size of the fee. So, I think that this… if this Bill goes into effect immediately, as under the Senate Amendment, I think that the department would just promulgate the new schedule."

"The fee is the fee."

"Leader Currie to close." 09700148.doc 111  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Thank you again. This is a… a measure that would just update the requirements for holding various licenses and making sure that we're doing a good job, seeing to it that Illinois goes way down from being fifth in bad practices to the top of the list in good practices. I'd appreciate your 'aye' vote."

"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 record yourselves, Members. Have all voted who wish? Durkin, Mathias, Tryon. Mr. Mathias. Please take the record. On this question, there are 66 voting 'yes', 52 voting 'no'. The House does concur with Senate Amendment #1 to House Bill 4521. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I would like to give a Springfield warm welcome to Beaubien School, and to my good friend, school administrator, Marie Bahacsik. They're over here on this side, so let's give them a warm welcome to Springfield."

"Welcome to Springfield. We're happy to have you here. The next Bill is House Bill 4753, Mr. Hays. Please proceed, Sir."

"Gentleman moves that the House concur in Senate Amendments 1 and 4 to House Bill 4753. Those is 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. Morrison, Mr. Unes. Please take the record. On this question, there are 115 voting 'yes', 1 voting 'no', 2 voting 'present'. And the House does concur with Senate Amendments 1 and 4 to House Bill 4753. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4819, Mr. Sullivan. Please proceed."

"Mr. Sullivan has moved that the House concur in Senate Amendment #1 to House Bill 4819. 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? Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And this… and the House does concur in Senate Amendment #1 to House Bill 4819. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5078, Mr. Zalewski. Please proceed." 09700148.doc 113  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Thank you, Mr. Speaker. I move to concur in House Bill… Senate Amendments #2 and 3 to House Bill 5078. They deal with a compatibility issue with regard to serving as a… a village president, urban mayor, and a county commissioner. I ask for an 'aye' vote."

"Sir, do you also have a Motion to Nonconcur on an Amendment?"

"I move to nonconcur in Senate Amendment #4."

Speaker Lang: "All right. Just so we understand. The Gentleman's moved first to concur with Senate Amendments 2 and 3 to House Bill 5078. And on that question, the Chair recognizes Mr. Nybo."

"Gentleman yields."

"Yes."

"Yes."

"Yes. Yes."

"I believe so, Representative."

"Again, I believe so, Representative."

"Here's another question, Representative. Why are you… am I carrying the Amendment and not you? It's in your district."

"Representative, it's my understanding that the… the article that came out about this appeared three weeks ago. It… it involves the Village of Oak Brook, which in not in my district."

"Can I finish?"

"So, Chris, I'm going to finish my thought, 'cause I was trying to be as respectful as I possibly could. The Senate Amendment #4 was put on a Bill dealing with compatibility of office. There's a concern that Senate Amendment #4 could be potentially viewed as unconstitutional. It's not my job to put the Village of Oak Brook on the hook for a lawsuit. It's other people's jobs."

"The… let me finish. Let me finish. I've been interrupted twice now in the last 10 seconds… in the last 30 seconds. And I was told… and I… and in the article, I was… that was printed yesterday, I was called very disingenuous by yourself and I thought that was disrespectful. I've been nothing but honest with you about the process of this Bill. It's not my responsibility to… to deal with an Amendment that could be viewed as unconstitutional, and Senate Amendment #4 can put the Oak Brook taxpayers on the line for a lawsuit. The… the information came to light three weeks ago. The Bill came over. I filed… originally filed a Motion to Concur, and I reconsidered. I subsequently filed a Bill dealing with the matter and you're not a cosponsor on the Bill, Chris. So, I don't understand how this is my problem."

"Correct." 09700148.doc 116  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"It's my… it's… it's my understanding that the… the Bills can be characterized as similar. I'll take your word for it as to whether the language is similar."

"Okay."

"Yes. And…"

"But… but Chris, that doesn't change the fact that there could be a view that the Bill is unconstitutional. The statute of limitations on these Bills, it's my understanding, run for five years. And it's not my job to put a village in someone else's district in line for a potential lawsuit. I… I filed the Bill, a separate Bill, dealing with Senate Amendment #4. I've done everything I can possibly do to… to work on my Bill and in addition to that, deal with a separate constitutional issues in Senate Amendment #4. I implore you to… by joining me as a cosponsor on that Bill. I… I'm… I'm doing everything I possibly can here to work on that particular issue, but this is my Bill."

"Mr. Nybo, your time has expired. Mr. Zalewski will answer your question."

"I… Chris, I… I will agree with you. You can make a judgment on the propriety of that particular legislation, but it's not my job to tie a potentially unconstitutional Amendment to a Bill dealing with office compatibility. There's single subject questions, and there are constitutionality questions. Again, I would refer you to join me as a cosponsor on the second Bill dealing with… with the… with the Oak Brook issue. I would… I would further say that the DuPage County Mayors supported Senate Amendments 2, 3 and 4, and they're willing to go back and work on it over the summer. I'm literally doing the best I can on this particular issue. I… I'm inviting you to work with me on this, but we're talking about compatibility right now. I've nonconcurred on Senate Amendment #4."

"Mr. Nybo, if you have any closing comments, it would be all right."

"You… your request is acknowledged, Sir. Mr. Mathias."

"You've now used 24 of your seconds talking about a different Bill, but go ahead, Sir."

"Mr. Saviano for two minutes."

"Mr. Franks for two minutes."

"Thank you, Mr. Speaker. I actually had my light on before Mr. Mathias brought up my name in debate, 'cause I wanted to talk about this, 'cause I met with Mr. Nybo yesterday and he had an idea where he was trying to make this so it would be constitutional. I told him I agreed and we should try to put an Amendment on a Bill that I had, and I… I think that may still be in Rules, but I understand what the Gentleman's trying to do and it's something that I support. And I think it's very important. I think we've got a conundrum here because there's a lot of things happening with this Bill that probably shouldn’t be happening. So, I want to put out to the Sponsor that, perhaps, we ought to consider nonconcurring in all of the Senate Amendments, and then simply sending it back over, the original Bill that Mr. Mathias had, and then they can recede from their Amendments and then we can put Mr. Nybo's Bill on the Bill that I've got, and actually deal with that, which would take care of the situation. Because I'm… I think procedurally that would be the cleanest thing to do. So, I would… I would ask the Sponsor to consider doing that, leaving the underlying Bill that Mr. Mathias is so proud of because in that Bill, as we had deemed it, we called it the Double Dipper Insider Protection Act, because we all know 09700148.doc 121  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 that we've got too much money in this state and we've got to make sure that people get two salaries for doing the same job, because that's what he thinks is important to do. So, I think that we should do that for him, because this is something… he told me this… the municipal league wanted them to do this… wanted him to do this. And instead of saying no, that we should repeal the whole Act so people who do the same job don't get two paychecks, instead, he wanted to codify it, which I think is ridiculous. And if… and that was the Bill that's been dubbed the Double Dipper Insider Protection Act. So, what I think we should do is let him have that Bill, because he wants that. Let's recede from this… let's nonconcur on all these, have the Senate recede, let's run Mr. Nybo's Bill on mine and let's straighten out the whole thing."

"Mr. Bost for two minutes."

"Mr. Nybo for two minutes."

"Mr. Rose."

"Sir, there will be a Roll Call vote on Mr. Zalewski's Motion to Concur with Senate Amendments 2 and 3. And then there will be a Roll Call vote on Mr. Zalewski's Motion to Nonconcur with Senate Amendment #4."

"That would be correct, Sir."

Speaker Lang: "Mr. Mathias, your name was used in debate… several times."

"So, you're speaking on the Motion that's not before us yet. Is that correct? You stood up to do that. Mr. Zalewski to close on the Motion that's before us now."

"Which is concurrence on 2 and 3, Mr. Speaker. Okay. So, and I… I apologize for getting heated, too. I… I just want to be perfectly clear, and I… and if we do a Roll Call on Amendment #4, that… that, I think, is… is a positive result, because everyone, you know, and… there's… there's a judgment that I'm… on my act to nonconcur. But… but this Bill, as Rep… as the Gentleman from Cook dealing… talked about it… Representative Saviano, this Bill, it's… the core of the Bill is very basic. It codifies an Attorney General theory that the offices of village mayor, village president, and county board member, county commissioner are compatible. The AG is weighed in on this. There's been some, you know… we've never really had an issue with this before, except for some outliers. I would ask the Body to remove all the consideration of Amendment #4, or in the alternative, vote your switch and you get to make your judgment on the… on the policy judgment of Amendment #4. I, personally, would ask though for your vote on Amendments #2 and 3." 09700148.doc 124  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Mr. Franks, for what reason do you rise?"

"I'm confused."

"Why don't you allow the Chair to state the Motion and then you won't be confused."

"Thank you."

"Sit down, Sir. Thank you. The Motion before the Body is Mr. Zalewski's Motion for the House to concur in Senate Amendments 2 and 3 to House Bill 5078. 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 record yourselves, Members. Have all voted who wish? Have all voted who wish? Dunkin, Yarbrough. Please take the record. On this question, there are 60 voting 'yes', 53 voting 'no', and 3 voting 'present'. And the House does concur in Senate Amendments 2 and 3 to House Bill 5078. Mr. Zalewski on the Motion to Nonconcur in Senate Amendment #4."

"I move to nonconcur. We had a robust discussion. I would ask the Body to remind themselves that we… we can deal with this on a separate… on a separate Bill that deals only with the matter before the Body, I ask… I ask for an 'aye' vote."

"Since this has been thoroughly debated, Mr. Zalewski moves that the House nonconcur with Senate Amendment #4 to House Bill 5078. And thoroughly debated or not, Mr. Franks rises."

"I'm glad you appreciate that. I have a question for the Sponsor, if I may."

"Please proceed, Sir." 09700148.doc 125  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Has the Senate agreed… is the Senator, who's handling this…"

"Frerichs."

"…agreed to recede?"

"Correct."

"Okay. And now, if we recede from this Motion, then the only thing that would be left would be the Bill that we just passed, 2 and 3."

"2 and 3."

"I want people to understand that."

"Correct."

"Okay. So, this would take out the issue where we would be dealing with taking away the pension from the individual in question?"

"Sure. Correct."

"Okay. Thank you."

"Thank you."

"That's what we needed to know. So, I wanted to make sure everyone knew what we were talking about. Thank you."

"Mr. Reboletti for two minutes."

"Please proceed."

"So, Representative, I'm going to ans… I'm going to answer the… the question, because we had talked about this."

"Yeah."

"This… this is a… this is my best effort to answer your question in a way that I think is as thorough as possible. In the instance you described, where a Home Rule unit, such as a village, were to pass an ordinance with pre… preemption language, there… there is a… there is a legal theory that the state statute would be… would trump that ordinance; however, there could be litigation filed… there's conflicting case law on whether that Home Rule unit could then litigate the matter and see if they could, in fact, keep the validity of the ordinance."

"So, you… Representative, what… what I would say is, the… the city… the village's Home Rule unit's ability to keep within it… the intent here is for the offices of Cook County… or for county board member and for village president or village… village mayor to be compatible. That's my intent of the language. To your specific, hypothetical, that you described, I would say that the Home Rule unit could potentially pass… adopt that ordinance that regulated within its Home Rule power, its own representation, but anything beyond that could be subject to… to a lawsuit."

"That's… I mean, I'm literally I'm trying, Representative."

"I…"

"Mr. Reboletti, your time has expired, Sir. Mr. Zalewski may answer."

"I… I would… Representative, I… I think it's the… I think it… I've… I've done my very best to answer your question. I'm doing my best to say that it is State Law trumps, in this limited instances, Home Rule units can 09700148.doc 128  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 attempt to… to regulate their own employee service, but the intent of the legislation is to make the county board and the village mayor officer compatible."

"Mr. Nybo."

"Mr. Zalewski to close."

"Thank you, Mr. Speaker. I… I ask for an 'aye' Motion on… on this particular Motion, and here's why… 'aye' I vote on this particular Motion. I understand the concerns with Amendment #4. I have filed a Bill to deal with the concerns in Amendment #4. I am trying, in my interest, to protect 09700148.doc 129  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 what I consider to be a potential litigation con… concerns. Mr… the concerns of the Gentleman from DuPage are… are understood, but I want my Bill to pass with Amendments #2 and 3, and I want to deal with Amendment #4 later in a… in a constructive, positive way. I… I would ask the Body for an 'aye' vote so that we don't jeopardize 2 and 3, and we live to… live to fight another day on what we're trying to do to address the concerns that… the legitimate concerns that have been raised about what the egregiousness of Amendment #4. I ask for 'ayes' on this particular Motion."

"Mr. Zalewski has… moves that the House nonconcur with Senate Amendment #4 to House Bill 5078. On that question, 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? Biss, Feigenholtz, Yarbrough. Please take the record. On this question, there are 40 voting 'yes', 75 voting 'no', 1 voting 'present'. And the Motion fails. Mr. Clerk."

"On page 9 of the Calendar appears Senate Bill 3810, Leader Lyons. Please read the Bill."

"Leader Lyons is… do you want to move it to Third? Out of the record, Mr. Clerk. Let's try this one. On page 5 of the Calendar appears Senate Bill 3766, Leader Lyons. Please read the Bill."

"Leader Lyons."

"Thank you, Mr. Speaker. Appreciate the correction and priorities there on the Bill. Ladies and Gentlemen, this is a subject that's familiar for many of us, 'cause it's been around here for the last three or four years. It's the clean… Chicago Clean Energy Act, basically known as Leucadia that Representative Marlow Colvin championed for the many years that he was down here, dating back to 2008 when this first got started. Basically, it was an attempt to take a… a blighted brownfield commercial area in Chicago where the former site of Republic Steel and put in a coal gasification program that met every standard that's ever been asked for since it was originally initiated. Now, basically, what his Bill is doing… what 3766 is asking us to do is to ensure that the law will be enacted as written, consistent with our legislative intent as reflected in three pieces of legislation, and two referen… House Resolutions that we passed over to the Illinois Commerce Commission to do what exactly the Legislature intends them to do, and not have the tail wag the dog. So, just to refamiliar us with the background on this. Again, started 2008, it received a $10 million facility cost report, a fee study. A year later, in 2010, the fee study was completed, 09700148.doc 131  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 and the Illinois Power Association affirmed the consumer savings on the low end of $100 million, on the high end to a… a billion two hundred million dollars. Following that, we passed legislation in January 2008 that was negotiated and… and there was… it was… it was passed on the House and the Senate. The Governor had some concerns, vetoed it temporarily and with the results of that was that the consumer protection reserve that was originally in… in place for $100 million was increased to $150 million. With that agreement, the Governor went on-site and signed the legislation in 2011 and started the process of getting the clarification through the… through the agencies that we asked them to, including the Illinois Commerce Commission. Going through the hurdles, and going through the prescribed legislative requests that we put on these agencies, the ICC has decided to put additional information… put additional speed bumps in the legislation that never were intended to be there. So, I could go into this in more detail. There may be some questions that are asked on this. Mark Pruitt, the former director of the IPA came to the Executive Committee to make the point as clarification on the justification for the dollar amounts that are set on this thing on the price. There's some miscommunication going on by opponents on this issue, which really don't even belong on the floor. Here's what the matter is… is do we set the laws in the State of Illinois, or does the Illinois Commerce Commission? And I would say that all of us should be respectful of what we do, take pride in what we do, and have the agencies do what they're asked to do, prescribed 09700148.doc 132  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 by the law. So, I'll be happy to answer any questions, and if I can be of any further assistance, people, I certainly ask for your 'aye' vote on this important piece of legislation."

"Gentleman moves for the passage of Senate Bill 3766. And on that question, the Chair recognizes Mr. Bost for two minutes."

"Mr. Fortner for two minutes."

"Leader Lyons yields."

"One, Representative, with all due respect, was never mandated. They always had the option to opt out if they so choose. And on the position of current gas prices, yes, they are at record lows, which have fluctuated by 400 percent in the past six years. The record lows that are here right now certainly won't be here forever. It's fluctuated tremendously in the past. There's plenty of history to the fact that it will be projected to fluctuate tremendously in the future. And the set amount there was to try to do an even keel for the next 30 years, of which nothing will be collected for the next 5 or 6 years before this thing is even built."

"Mr. Pritchard for two minutes."

"The Leader yields."

"No, Sir, it hasn't."

"Representative, there was a cost protection reserve account put in here, which I mentioned in my opening remarks, of $100 million that has been raised to $150 million, and will be added by $50 million every year for the duration of this contract, for the next 30 years. So, I believe there's plenty of protection in there."

"Correct." 09700148.doc 135  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Mr. Kay."

"Leader Lyons yields."

"Absolutely, Representative."

"Exactly, Representative."

"Thank you, Representative Kay. Couldn't agree with you more."

"Leader Lyons to close."

"I ask for an 'aye' vote." 09700148.doc 136  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Gentleman moves for the passage of Senate Bill 3766. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Have all voted who wish? I'm going to try it one more time. Have all voted who wish? Barickman, Bost, Cole, Evans, Hammond, Senger. Bost, Cole, Evans, Senger. Last call. Please take the record. On this question, there are 60 voting 'yes', and 50 voting 'no', 5 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Soto."

"Thank… thank you, Speaker and Members of the House. I stand to correct a vote that was cast on 5/30 for Senate Bill 3881. I was voted 'no' when I should have been 'yes', for the record. Thank you."

"The record will reflect your intentions. Next Bill on Concurrence is House Bill 1907, Mr. Zalewski. Please proceed, Sir."

"Thank you, Mr. Speaker. House Bill 1907, I move to concur in Senate Amendment #1 to House Bill 1907. This is a narrowly tailored version of the gang RICO Bill that we worked on. Representative… I would like to thank Representative Reboletti for his particular work on this Bill last spring with me. We've had some good, solid, productive conversations with the Senate. We've done a lot of things to make this Bill barely narrow. Thank you and I ask for an 'aye' vote."

Speaker Lang: "Gentleman moves that the House concur with Senate Amendment #1 to House Bill 1907. And on that 09700148.doc 137  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 question, those in favor 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 record yourselves, Members. Please take the record. On this question, there are 93 voting 'yes', 18 voting 'no', 1 voting 'present'. And the House does concur with Senate Amendment #1 to House Bill 1907. And this Bill, having received the Constitutional Majority, is hereby declared passed. Members, pay attention, please. Mr. Clerk, Agreed Resolutions. No, we are not adjourning, but the Clerk will read the Agreed Resolutions."

"Leader Currie moves for the adoption of Agreed Resolutions. Those is favor say 'yes'; opposed 'no'. The 'ayes' have it. The Agreed Resolutions are adopted. Mr. Clerk, committee announcements. Members, please pay attention to the committee announcements."

"Mr. Clerk, the Adjournment Resolution."

"Leader Currie moves for the adoption of the Adjournment Resolution. Those is favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Adjournment Resolution is adopted. Ladies and Gentlemen, the House will stand in 09700148.doc 139  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 recess 'til the hour of 3:45 p.m. The House will be in order. Members will be in their chairs. Mr. Clerk."

"The Chair recognizes Representative Lilly."

"Thank you, Mr. Speaker. I'd like to go on record as voting a 'no' on House Bill 1907."

"The record will reflect your intentions. On page 12 of the Calendar, under the Order of Concurrence, appears House Bill 3893, Representative Golar. Please proceed."

"Thank you, Mr. Speaker and Members of the House. House Bill 3893, I move to Concur in Senate Amendments 1 and 2 to House Bill 3893. And these Amendments… Senate Amendment is a gut and replacement Amendment and it makes the following changes: expands the definition of 'array of services' in regards to mental health and drug abuse; it also expands the community service category of client assessment and diagnoses to include ensuring the individual needs for treatment of mental disorders of substance abuse: and number 3, under Senate Amendment #1, currently, Healthcare and Family Services determines by rule the quantity and quality of the rate of reimbursement for the medical assistance for which this payment is authorized and the medical service to be provided. And Senate Amendment #2, there is a technical change that clarifies that uniform screening refers to the process of an appropriate evaluation as warranted, a referral, but not necessarily the use of a singular instrument tool or a process."

Speaker Lang: "The Lady moves the adoption that the House concur with Senate Amendments 1 and 2 to House Bill 3893. On that question, those in favor vote 'yes'; opposed 'no'. 09700148.doc 141  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Dunkin, Jakobsson. Mr. Dunkin. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendments 1 and 2 to House Bill 3893. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 14 of the Calendar, House Bill 5823, Mr. Thapedi. Please proceed, Sir."

"Thank you, Mr. Speaker. We're just coming out of committee today, a few moments ago, and I move to concur in Senate Amendment #2 to House Bill 5823."

"Please tell us what the Amendment does, Sir."

"Essentially, what this Amendment does, Mr. Speaker, is it resolves the issue with subrogation and personal injury lawsuits. It… it essentially establishes parity between the parties. The… BlueCross BlueShield is a strong supporter of this particular proposition. The legal industry is also in support. The hospitals, the physicians are all neutral. And I'm available to answer any questions."

"The Gentleman moves that the House concur with Senate Amendment #2 to House Bill 5823. And on that question, the Chair recognizes Mr. Kay."

"The Gentleman yields."

"We did indeed." 09700148.doc 142  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Well, I'll… I'll do the best that I can, Dwight and… and we've vetted this out. Essentially, what we're doing is that we're codifying existing practices in law as to how it relates to the Common Fund Doctrine. There have been several Supreme Court cases that have followed this progeny. And again, we're not doing anything absolutely special. The Supreme Court has spoken, and we're simply codifying what the Supreme Court has given us directives to do."

"Yes."

"It… it establishes parity between all of the parties that are involved in litigation. Once a pool of money is made available, which is called a Common Fund, that fund is to be distributed proportionately to all of the individuals that are involved in the fund, from attorneys to plaintiffs to even insurance companies."

"It really doesn't make any difference, primarily, Dwight. Essentially, the… the crux is… is that when there's inadequate insurance. If there's adequate insurance, generally, the insurers don't have an issue. Again, because in that scenario, when there's adequate insurance, the insurers are able to get all of their money, but when there is inadequate insurance, that's when you run into a problem."

"I… I'm sorry, Dwight, I couldn't hear you."

"ERISA, correct."

"It certainly is, and… and I… and I have to probably quote my chairperson on this, preemption is preemption. When the Federal Courts and when Federal Law has spoken on a particular issue, we, as states, are to stay out of that. We are not to legislate within that area or that circumspect of issues. There are ways to do that legislatively by putting in magic words that we know. Generally, it's based upon adequate and independent state grounds, but that's not the case here." 09700148.doc 144  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Well, there is no conflict. If we did that, Dwight, there would be a conflict, but that's not what we're doing here."

"Okay."

"I am familiar with Varco."

"I believe that that was the opinion of a few of the insurers, but that would not be accurate. In fact, if I recall correctly, and you were there the same way that I was, if I'm mistaken, I believe that the insurer that said that was Humana, which is the most litigious insur… health insurer in the state. So, having said that, I think it's pretty clear that we are not going to be legislating within the realm of what the feds are already doing by ERISA or Medicare."

"We're not doing that."

"Mr. Kay, can you bring your remarks to a close, Sir?"

"Can you bring your remarks to a close."

"Your request is acknowledged, Sir."

"Representative Tracy for two minutes."

"I… I'm sorry. Mr. Speaker, I'm trying to hear the… the questions. I know that there's a lot of legal…"

"Ladies and Gentlemen, could we… could we please give these folks your attention. It's adjournment day. Let's not run all the way up to midnight. How about it? Please proceed."

"No, no. I… I understand what you're saying, Jil and… and I… and I thought that we vetted this out thoroughly during committee, and… and perhaps maybe for the benefit of the Members, I'll do it again here on the floor. And I want to be very clear that this Bill does not relate to ERISA claims because it does not have 'a connection with or reference to such a plan.' That is the test that's been established by the United States Supreme Court. That's the United States Supreme Court's test… test. I'm not referring to the Illinois Supreme Court, but I'm talking about the Supremes in Washington. That's the test that they've set forth for ERISA, and where there is any correlation between them. This Bill does not do that."

"None of that. So… so, quite frankly, there should be no discussions about preemption. And I understand that that's one thing that the insurers want to hang their hat on and again, I should be very clear, a few insurers want to hang their hat on, but that would not be accurate. There is no preemption here at all."

"That… that…"

"That is a fundamental principle of law and… and not just ERISA claims, but also medical advantage plans. And these medical… excuse me…"

"…Medicare advantage plans, I misspoke, those also fall within the auspices of Medicare and how they operate. So, clearly, it would be, quite frankly, for a lack of better way of putting it, silly for me to try to present to the Body legislation that potentially would be preempted. That would be a waste of my time, your time, and all the Members' time. That's not our intention here."

"Representative Tracy, your time has expired. Do you have a closing comment you wish to make?" 09700148.doc 148  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Representative Will Davis for two minutes." Davis, W.: "Thank you very much. Representative, for the benefit of those of us who were not in committee, certainly did not hear, you know, what you said or about this Bill in committee, what can you briefly say to… speak to in terms of exactly what this Bill is about and what it does?"

"Again, Representative, and I appreciate the question. This is about parity. At the end of a lawsuit, everyone wants to be paid. The attorneys want to be paid. The plaintiff, primarily, has to be paid. And in fairness, all lien holders should be paid. The… the challenge here is certain insurance companies want to make sure that they have the ability to get more than their fair share. And I'm sure that some of us may not find that hard to believe, and some of us may find it hard to believe, but… but that's the scenario that we're trying to protect." Davis, W.: "But correct me if I'm wrong, and… and I'm not a lawyer, but when you have claims as such, isn't it laid out, kind of, the percentages that… that, I guess, the size or the interest get at the end of a settlement? Isn't that kind of laid out and so… so, if this is trying to help fix a problem referenced to that, what exactly is that problem?"

"And again, that's one challenge that I could not understand in committee. It… it's very straightforward. The issues have been laid out, and you said correctly that everyone knows how much they're entitled to receive. So, 09700148.doc 149  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 say, for an example, the opponents here are smaller, litigious insurance companies that want to get all of the money. So, regardless of how much is actually available, they want to get as much money as they possibly can, and I don't fault them for that, but the scenario becomes a problem when there's inadequate money to go around. And when there's inadequate money to go around, this Bill simply says that everyone will get there pro rata share. It's a matter of fairness and parity." Davis, W.: "Okay. So, also, what I understand about this Bill is that this is an attempt to codify a Supreme Court case."

"Yes, yes. The Bishop case, it was decided by here, by the Illinois Supreme Court, laid out the entire Common Fund Doctrine. And in fact, there was a subsequent case that came down in 2011, the Wendling case, that talked about the application of a Common Fund Doctrine to physicians and hospitals. And that's why physicians and hospitals are not a part of this Bill because the Supreme Court has already spoken. So, therefore, there was no reason to legislate on that particular issue. So, the case that they're talking about out there, this Varco case, over and over again, was a federal case. It was a federal case involving diversity in which the court, the Federal Court and the Seventh Circuit Court of Appeals was utilized in State Law to make a decision. That particular decision is inapplicable to what we're talking about here today." Davis, W.: "Okay. And… and…"

"Mr. Davis, your time has expired. You have some closing remarks, Sir?" 09700148.doc 150  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Davis, W.: "Very, very quickly. And as…"

"Thank you." Davis, W.: "…and I as close, again, if the intent of your Bill is to codify a Supreme Court case, while there may be interested parties in this chamber that don't necessarily agree with the Supreme Court decision, but if it's to codify exactly what was put forth by the Supreme Court, I would assume that if they disagree with this then they should litigate this matter in court."

"I think you've just closed…" Davis, W.: "Correct me, if I'm wrong."

"You've closed for me, Representative. That's exactly it." Davis, W.: "Thank you very much. I encourage you to support the Gentleman's Bill."

"Thank you."

"Representative Williams for two minutes."

"Will the Sponsor yield?"

"The Gentleman yields."

"Representative, I just wanted to thank you for all your hard work on this Bill. I know you did a tremendous amount of work in the Senate to get it where it is today. Just a couple questions. What is the position of the State Medical Society?"

"They're neutral."

"Okay. So, the Med Society is neutral."

"Correct."

"How about the Hospital Association?"

"They are also neutral." 09700148.doc 151  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Okay. Again, just to reiterate, both the Med Society and the Hospital Association, two of the big opponents when we started out on this journey, have now become neutral thanks to the hard work of the Sponsor. And I urge an 'aye' vote."

"Thank you, and I would add, Representative, that BlueCross BlueShield, who is the largest health insurer in the state, is a proponent of this particular legislation."

"Mr. Thapedi to close."

"I… I urge favorable votes on the Motion to Concur with respect to Senate Amendment #2. Thank you, Mr. Speaker."

"Mr. Thapedi has moved that the House concur in Senate Amendment #2 to House Bill 5823. Mr. Kay has asked that the vote be verified. All Members will be in their chairs and vote their own switches. Those in favor of the Motion… 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? Record yourselves, Members. Bost, DeLuca, Durkin. Please record yourselves. Mr. Bost. Please take the record. On this question, there are 66 voting 'yes', 52 voting 'no'. Mr. Kay, do you persist in your verification, Sir? The Gentleman withdraws his verification. 66 voting 'yes', 52 voting 'no', the House does concur with Senate Amendment #2 to House Bill 5823. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk."

"The Chair recognizes Mr. Smith."

"M… Mr. Speaker, I wanted to be recorded as a 'no' on House Bill 1907."

"The record will reflect your intentions. On page 13 of the Calendar, under Concurrences, appears House Bill 4510, Mr. Acevedo. Please proceed, Sir."

"Thank you, Mr… Speaker. I Motion to Concur with Senate Bill num… Amendment #1, which basically just changes the name to State Asian Employees Plan."

Speaker Lang: "Gentleman moves that the House concur with Senate Amendment 1 to House Bill 4510. 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? Have all voted who wish? Franks, Gabel, Jakobsson. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. The House does concur with Senate Amendment #1 to House Bill 4510. And this Bill, having received the Constitutional Majority, is hereby declared passed. Page 11 of the Calendar, under Concurrence, House Bill 3292, Representative Williams. Please proceed. Out of the record? Out of the record. Page 11 of the Calendar, under Concurrence, House Bill 3027, Representative Lilly. Please 09700148.doc 153  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 proceed. Out of the record. Page 10 of the Calendar, Concurrence, House Bill 1084, Representative Mussman. Please proceed, Representative."

"Are we good? Thank you, Mr. Speaker, Members of the House. House Bill 1084 does two things. First, it addresses the drafting error that left a group of appointees out of the reforms we made last year that prevents appointees from remaining in office after their terms have officially ended. Second, it adjusts the Workers' Compensation Act so that starting in 2014 the arbiters' terms will expire in three-year shifts, and allows the chairman of the IWCC to make recommendations to the Governor, who will then make the appointments with the advice and consent of the Senate. I ask for an 'aye' vote."

"The Lady's moved that the House concur with Senate Amendments 2 and 3 to House Bill 1084. On that question, the Chair recognizes Mr. Reboletti for two minutes."

"The Lady yields."

"No. It simply adjusts the length of the members terms."

"The Business Mandate Note is no longer a part of the Bill." 09700148.doc 154  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"With the Ethics Act? It addresses the drafting error."

"Well… Okay. So, it corrects… let me get the right paper. Okay. So, it addresses the appointees whose terms have expired before August 26, 2011, so that they may not continue longer than 60 days in… 60 calendar days after their expiration date, and it considers appointees' terms vacant when the term of office expires more than 60 calendar days prior to the effective date of this Act, and that a vacancy shall be filled only pursuant to the law applicable to making appointments to that office."

"Mr. Brady for two minutes."

"The Sponsor yields."

"It doesn't make any changes to that language, so I would assume it is still in there." 09700148.doc 155  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Yes."

"Correct. Yes."

"I believe it would be considered a new appointment for a three-year shift."

"It is the advice and consent of the Senate."

"Yes."

"Yes."

"Correct."

"Mr. Kay for two minutes."

"The Sponsor yields."

"If that is part of the original language in the Bill, then… then, yes, they do. It does not make any changes to any of the requirements for the appointees. It only adjusts the length of their terms."

"Sir, I can tell you, officially, a formal training program for newly hired arbiters shall be implemented."

"The training program shall include numerous school appoints that I'm happy to read off to you or show you at the conclusion of this Session…"

"…moment."

"We did do this last year. This… this is already in the existing Bill."

"This Amendment does not change that language in any way."

"No. The… the test is in the Bill. It's in the language that we passed…"

"…last year."

"A formal training program for…"

"…newly hired arbiters."

"Well, the…"

"I… I can't control that."

"Mr. Kay, your time has expired."

"Can you bring your comments to a close."

"Representative Mussman to close."

"All right. Again, this Bill simply makes minor adjustments to the timelines and cleans up some language from other Bills. And I ask for an 'aye' vote."

"The Lady moves that the House concur in Senate Amendments 2 and 3 to House Bill 1084. Those in favor of the 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? Mulligan, Poe. Please take the record. On this question, there are 110 voting 'yes', 7 voting 'no', 1 voting 'present'. And the House does concur with Senate Amendments 2 and 3 to House Bill 1084. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk."

"On page 11 of the Calendar, House Bill 10… 1882, Mr. Moffitt. Please proceed."

"The Gentleman moves that the House concur in Senate Amendments 1 and 2 to House Bill 1882. Those in favor of the Gentleman's Motion will vote 'yes'; opposed 09700148.doc 160  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Record yourselves. Cavaletto, McAuliffe, Saviano. Please take the record. On this issue, 118 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendments 1 and 2 to House Bill 1882. And this Bill, having received the Constitutional Majority, is hereby declared passed. Page 10 of the Calendar, House Bill 1554, Representative Sente. Please proceed."

"Thank you, Mr. Speaker. House Bill 1554, I move to concur with Senate Amendments 1 and 4, which make two changes to the underlying Bill. You will recall we passed the Bill last year on underage drinking parties. One change I made in the Senate was in response to a concern Representative Rose had on the Bill about an owner of a building being responsible when they lease their building out. We addressed this issue by referring to if there's a tenant or a lessee, there's a presumption that they occupy the residence of the owner and are responsible. Change two the Senate removed the language regarding a public gathering, which eliminates the concern about how to knowingly be aware of drinking at a block party or a forest preserve district, for example. To review the Bill's intent, we're trying to curb the hosting of underage drinking parties by all adults, not just parents in residences and in or on other private property. I will be happy to take questions."

"The Lady's moved for the Concurrence with Senate Amendments 1 and 4 to House Bill 1554. And on that 09700148.doc 161  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 question, the Chair recognizes Mr. Reboletti for two minutes."

"The Lady yields."

"There is no opposition."

"The original Bill was with Representative May and Senate… Senator Garrett, and in that Bill, it required… if there was no… if there was bodily injury, there was a penalty, and it was only a parent hosting a party in their home. So, this Bill is expanding it to any adult, not just a parent, hosting an underage drinking party and expands it also to any private place. It does not change the penalty. If there is bodily injury, that's a Class IV Felony, and if there is not, it's a Class A misdemeanor with up to a hun… $500 fine."

"Public places was removed, as I mentioned, because we thought it was, perhaps, too difficult or challenging to be aware at a block party to have one person responsible for, you know, who's wondering in and out of that type of a 09700148.doc 162  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 setting. And so, we wanted to just deal with the immediacy of what we could control. We did want to take a bite of the apple, per se, and try and curb this issue of underage drinking. I would like to add there's 29 Lake County municipalities that had adopted the original ordinance that we passed back last year."

"Mr. Rose for two minutes. The Lady… Mr. Rose does not wish to speak. The Lady has moved that the House concur in Senate Amendments 1 and 4 to House Bill 1554. 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? Leader Currie, Davis, Evans, Turner. Mr. Davis. Please take the record. On this question, there are 111 voting 'yes', 6 voting 'no', 1 voting 'present'. And the House does concur with Senate Amendments 1 and 4 to House Bill 1554. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1981, Mr. Jefferson. Please proceed."

"Thank you, Mr. Speaker, Members of the Legislature. House Bill 1981, I move to concur with Amendment #4, which is actually a gut and replace Amendment because the Bill abolishes the office of township collector in counties with more 2 million people after the effective date. I would ask for an 'aye' vote."

"The Gentleman moves that the House concur with Senate Amendment 4 to House Bill 1981. And on this question, the Chair recognizes Representative Hernandez." 09700148.doc 163  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Speaker, may the Sponsor yield?"

"The Sponsor yields."

"Representative, just a quick question. Does this apply to a municipal government that has superseded a civil township?"

"I don't believe so."

"Thank you, Representative."

"Mr. Jefferson moves for the Concurrence with Senate Amendment 4 to House Bill 1981. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Have all voted who wish? Cole, Krezwick. Mr. Krezwick. Please take the record. On this question, there are 94 voting 'yes', 24 voting 'no'. And the House does concur with Senate Amendment 4 to House Bill 1981. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 12 of the Calendar, under House Bills 3969. Representative Senger to handle for Leader Cross. Please proceed."

"The Lady moves that the House concur in Senate Amendments 1 and 2 to House Bill 3969. There being no debate, those in favor of the Lady'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? Penny, Pritchard, Riley. Mr. Riley. Please take the record. On this question, there are 117 voting 'yes', and 1 voting 'present'. And the House does concur with Senate Amendments 1 and 2 to House Bill 3969. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 5071, Representative Williams. Please proceed."

"Thank you, Mr. Speaker. I'd like to move that we concur in Senate Amendment 1."

"Please explain the Amendment."

"This is an agreed Amendment. The original Bill simply provided that electric vehicle charging stations were not considered to be public utilities under the Public Utilities Act. Senate Amendment #1 provides clarity and direction to the ICC for further regulation as necessary, and for vendors who install, maintain, and repair these charging stations. I'm happy to answer any questions or elaborate with the details, if necessary."

"The Lady moves for the Concurrence of Senate Amendment 1 to House Bill 5071. There being no debate, 09700148.doc 165  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 those in favor of the Lady's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Barickman, Pritchard, Sacia. Mr. Pritchard. Mr. Sacia. Please take the record. On this question, there are 92 voting 'yes', 25 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Returning to House Bill 5071, let me state that correctly. The House does concur with Senate Amendment #1 to House Bill 5071. And that Bill, having a Constitutional Majority is hereby declared passed. Page 7 of the Calendar, under the Order of Senate Bills-Second Reading, appears Senate Bill 2537, Mr. Franks. Please read the Bill."

"Mr. Franks."

"Thank you, Mr. Speaker. What I'd like to do if we could is adopt Floor Amendment #3, then also withdraw Amendment #4, and also adopt #5. If we can do that, then go to Third."

"Well, because there's an intervening one in between, let's just do them one at a time. Mr. Franks moves for the adoption of Amendment 3. Those in favor say 'yes'; 09700148.doc 166  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Mr. Clerk, withdraw Amendment 4. Mr. Franks on Amendment 5."

"Would ask for that to be adopted."

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

"Third Reading. Please read the Bill."

"Mr. Franks on the Bill."

"Thank you, Mr. Speaker. We had passed this Bill prior, unanimously in the House, and I won't go through that again. But Amendment #3 that we had was a gut and replace and became the Bill, and it was filed due to a technical error; however, House Floor Amendment #5 is substantively different. What it does is, it adds to the law, and this was brought to us by Senator Sullivan, and what this will do would… would add threatening a public official, those that work as a social worker, case worker, or investigator, those that are employed by the Department of Human Services, Department of Children and Family Services, or the Department of Healthcare and Family Services, and this would add to the list that already contains elected officials, Assistant State's Attorneys, Assistant Attorney Generals, Appellate Prosecutors, and sworn law enforcement officers." 09700148.doc 167  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"The Gentleman moves for the passage of the Bill. On that question, the Chair recognizes Mr. Rose for two minutes."

"The Gentleman yields."

"I'm sorry. I wasn't… could you repeat that? I was really concentrating on Amendment #5. We already passed that underlying…"

"…Bill unanimously."

"I'm… I couldn't hear you."

"I couldn't hear you, Chapin. I don't mean to be rude. I'm having trouble hearing you."

Speaker Lang: "Ladies and Gentlemen… Ladies and Gentlemen, please. We're near adjournment. The Gentlemen can't hear each other. Let's give them some respect. Mr. Rose, why don't we ask the question a third time, maybe we'll get it across."

"Correct."

"I'm not sure what… how that's classified, obstruction of justice. I don't do criminal law. I'm not sure of the answer."

"Mr. Reboletti for two minutes."

"Mr. Franks yields."

"Actually, #4 was withdrawn."

"So, we're on #5." 09700148.doc 169  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Reboletti: Number 5. Thank you."

"Right now, we didn't change the penalty. What we did is we added a Class. So, right now, threatening a public official is a Class III Felony or a Class 2 felony for a second or subsequent offense. So, all we did was add the social worker, case worker, investigator to the protected Class of public official, but we did keep the penalties the same."

"Mr. Brady for two minutes."

"What… what…"

"We gut… it was actually the same. We gut and replaced it under a Floor Amendment… I’m sorry, with the House Floor Amendment #3 because there was a technical error."

"But the substance… there's been no change in the substance."

"Well, there's…"

"Well, there's… there's different levels, because I… I worked with Mr. Reboli… Reboletti on the underlying Bill and he was…"

"…yes, and he helped draft this Bill, and what they have, there's… there's levels for different ages. So, if the children… if the child would be less than 13 years of age, there's a less… they have to… less time to report. And there's a longer period of time if the child is over… over that age."

"If that answers your question."

"Yes, it is."

"Yeah."

"Yeah. That's terrible."

"Right."

"But…"

"No."

"I… I appreciate that, and that would be not the intent of this Bill, obviously."

"But I think we have that covered because the… the language indicates that the parent has to reasonably believe that the child's death was caused by a homicide, accident, or other suspicious circumstances." 09700148.doc 172  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Thank… thank you."

"Representative Will Davis for two minutes." Davis, W.: "Thank you, Mr. Speaker. Sponsor yield?"

"The Sponsor yields." Davis, W.: "Representative, as I'm trying to keep up with what appears to be our analysis here, House Floor Amendment #5, is that a part of the Bill?"

"Yes, Sir. It's been adopted." Davis, W.: "Okay. So, in the Section where it adds to the definition of public official, social worker, case worker, or investigator, then it says who is employed by the Department of Human Services, DCFS, or Healthcare and Family Services. Are those referring to only state employees?"

"Yes." Davis, W.: "So, what about social workers and others that fit this category, who may work for a nonprofit organizations, who are contracted with the state?"

"I'd like…" Davis, W.: "Do they fit into this category?"

"No. I wish they would. I'd like to do that, and I'd like to do a trailer Bill. This is what we got though from the Senate, and we got it just very recently. So, I'd be happy to do that trailer Bill with you in the fall." Davis, W.: "So, was House Amendment #5, is that germane to what the original Bill was…" 09700148.doc 173  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Sure. I mean, it deal…" Davis, W.: "…or is it a gut and replace Amendment?"

"No. It's not a gut and replace. It's germane." Davis, W.: "It's germane?"

"Yes, Sir." Davis, W.: "Okay, so…"

"We had the lawyers check it out before we had the Amendment placed on the Bill." Davis, W.: "So, I understand you said this is what you got when it came over from the Senate, but this is a House Amendment. So, why not include individuals like that in there when you… when you…"

"It just came to us 'cause this was a…" Davis, W.: "…when you filed Amendment #5?"

"This was a Senate Bill that became the House Floor Amendment, and that's why we got it as we did. And we… and we just learned about that… that other absence. I'm glad you're pointing that out, and we agree with you. And I think Representative Cassidy will be filing a… a follow-up Bill on this… this very measure." Davis, W.: "Okay. Well, certainly, if I understand Amendment #5, that it appears that it did leave out, you know, a class of people who, by definition, are these titles…"

"Right." Davis, W.: "…but are not necessarily state employees."

"Correct. And you're 100 percent correct, and we plan on fixing that later." Davis, W.: "Okay. Thank you very much."

"Thank you." 09700148.doc 174  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Mr. Franks to close."

"Thank you, Mr. Speaker. And I appreciate the… the questions, and Mr. Davis pointing out that issue. We will have that fixed. This is a Bill that’s… whose time has come. I'm sorry that we have to pass a Bill like this, but unfortunately, we do. I'd ask for an 'aye' vote."

"Mr. Franks moves for the passage of the Bill. 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? Please vote, Members. Biss, Feigenholtz, Mell, Nekritz, Rita, Turner. Please vote. Biss and Rita. Please take the record. On this question, 118 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Senate Bill 2643, Representative Lilly. Please read the Bill."

"Representative Lilly on the Amendment."

"Thank you, Mr. Speaker, and Ladies and Gentlemen. I rise to adopt Amendment #3 to Senate Bill 2643. It reflects the Amendments 1 and 2, but removes the requirements that reported hourly have to be specifically identified as either journeymen or apprentice. If there's no questions, 09700148.doc 175  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 thank you for your attention. I ask for… thank you for your attention."

Speaker Lang: "The Lady moves for the adoption of the Amendment. And on that question, the Chair recognizes Mr. Reboletti for two minutes."

Speaker Lang: "The Lady yields. Mr. Reboletti, I'm just wondering if you're interested in allowing this to go to Third Reading and then…"

"All right."

"Please proceed. Ask your question."

"Thank you. I will hap… I will be happy to. Amendment #3 reflects the changes made with Amendment 1 and Amendment 2, but removes the requirement that reports hours, how to be specifically identified as either journeymen or apprentice."

"Representative Mell."

"Mr. Speaker, are there… I have an inquiry of the Chair. Are there a couple of speakers in front of me?"

"Please, please ask your inquiry. There are…" 09700148.doc 176  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Are there… are there speakers in front of me right now?"

"There… there are no other speakers wishing to speak on this legislation."

"Okay. Will the Sponsor yield?"

"The Sponsor yields."

"I was under the impression that this… this wasn't coming up, so, if you could just give me one second."

"We are… we're just moving this. I'm just adopting…"

"Okay. Okay. I'll…"

"…the Amendment."

"I'll wait then. I'll wait."

"Thank you. I now have two other speakers, not just one. Mr. Sacia, can we move the Bill to Third, Sir? The Lady moves for the adoption of the Amendment. Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. On page 9 of the Calendar, under the Order of Second… Senate Bills-Second Reading, appears Senate Bill 3616, Mr. Bradley. Please read the Bill."

"Mr. Bradley on the Amendment."

"Thank you, Mr. Speaker, Members of the Body. This is the enterprise zone rewrite. It's a result of comprehensive ongoing bipartisan efforts, bicameral efforts to create a 09700148.doc 177  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 stronger, long-term, enterprise zone system for the State of Illinois. We brought the interest holders together, all four caucuses, the Governor's Office, business leaders from throughout the state. The Senate had hearings prior to the meetings that we convened and went through and came up with we… what we think is a system, which is more transparent, which is more accountable, which we do a better job of tracking what exactly is going on with the systems. We're going to limit the number of zones, but we're creating a competitive process for the zones. We'll have an enterprise zone board made up of experts in the field of economic development and business that will help decide where the appropriate places are for enterprise zones. We've eliminated three exemptions in this Bill which should have a tax savings for the State of Illinois and have an… a positive revenue impact for the state. And we've created a system where we'll extend zones appropriately for an initial period of 15 years followed by a possible 10-year extension. I'd like to compliment Representative Harris for his fine work, as well as Senator Frerichs and Senator Althoff, and the Governor's Office, as well as the business leaders, the Illinois Manufacturers Association, Retail Merchants, the Chambers and the Enterprise Zone Association. I know of no opposition in this Bill. I think the committee, the folks that worked on this are proud of what we came up with. And we've managed to prolong a system which has done some good things, but make it stronger, make it a little leaner, make it a little meaner, and make it more transparent and accountable, and save the taxpayers 09700148.doc 178  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 some money going forward. So, I would ask for an 'aye' vote."

"The Gentleman moves for the adoption of the Amendment. On that question, the Chair recognizes Mr. Harris." Harris, D.: "Thank you, Mr. Speaker, and… to the Bill. I… I second what the Gentleman said. The enterprise zone program has been one of, I think, one of our most successful endeavors here in the State of Illinois. There are a number of enterprise zones that are getting ready to expire so it was timely to look at the enterprise zone legislation, which we did do. There was a Bill that came over from the Senate, we worked with that, we worked with the Illinois Manufacturers Association, the Illinois Enterprise Zone Association, the Taxpayers Federation of Illinois and crafted a Bill through a whole series of meetings which… which meets the agreement of everyone. There is an extension for enterprise zones. They… they potentially can be extended for 25 years with a midterm 15-year review as to whether or not they should be further extended. There's the opportunity for new communities or new zones to be set up if others are… are ended. It tightens up the… the issue of whether or… one of the benefits, the tax benefits that we give to com… companies located in the enterprise zone. What does that mean for the state, so we now have better clarity and transparency in what that is. So, overall, I think we put together a… a solid package and the… and the chairman, Representative Bradley, is really to be complimented for working with all of the parties, both on 09700148.doc 179  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 this side of the aisle as well as with the other chamber to come up with a Bill, which I think is agreeable to everyone. I urge an 'aye' vote."

"There being no further debate, those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Mr. Bradley."

"Again, I would reiterate my remarks. And again, compliment the safe… oh, I guess David Harris and I thought we were on Third Readings. So, anyway, we've made our presentation during the event, but… then we'd ask for an 'aye' vote."

"Mr. Franks."

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

"Two minutes."

"Representative, I… well, he might have a 10 minute answer. Have you ever heard him answer before?"

"Then you better talk fast."

"I'm trying, you know."

"You… start his clock."

"Mr… Repres…"

"He's already… he's already burned 20 seconds."

"Rep… see, I rest my case. Representative…"

"Yes. It's nice to see you today, Representative."

"I under… I understand the Bill…" 09700148.doc 180  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Pleasure."

"…but my question it goes to this. On the transparency issue I'm noticing on the reporting requirements that these are going to be aggregated and not broken down by individual corporations that may get these incentives. Why are we doing it as an aggregate and not individually? And don't you think it would make more sense to show what each company gets instead of doing it as an aggregate?"

"Well, we had tried to do that. We have confidentiality problems and we'll have to change other laws with regards to confidentiality, and to be able to do that. So, in this particular time, we're going to do the aggregates and we'll gain that information, and that will put us in a better position in the course of… of evaluating the existing zones and any new applications by getting the aggregated data. I’m with you. If we could get the individual data, the corporate data, I would be fine with that, Representative…"

"Well, I appreciate…"

"…but the law does not allow us to do that currently."

"But… but when they're getting our tax dollars…"

"But…"

"…and they're getting incentives…"

"I… I make this speech all the time and I don't disagree with you. The best we can do currently, this is going to help us evaluate these zones and moving forward, we'll work on the other." 09700148.doc 181  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Can we do… can we work together on making sure that we do these individually instead of in the aggregate, maybe a trailer Bill in the Veto Session?"

"If you would… if you would like to take that cause on, I will be happy to assist you. But it doesn't just apply to enterprise zone, it applies to all Corporate Accountability Acts, it applies to confidential information; however, it's going to be a difficult thing to do because you're talking about confidential tax information essentially, and that's going to be a very difficult thing. So, under the current law, under the current situation, this was… aggregation was a way for us to break it down as micro as possible… as micro as possible to get the information to try to evaluate what's going on."

"Thank you. And to… to the Bill then, Mr. Speaker. I understand what the Gentleman's trying to do, but we just passed some transparency Bills here that requires DCEO to put on websites the agreements that they do when they're giving EDGE credits and when they're giving corporations incentives and they're giving them money. And I think that we ought to do this with the enterprise zones as well because we have to determine, quite frankly, whether the taxpayers are getting a return on their investment, and you can't do that in the aggregate, you have to do it individually. Plus, I'd like to know what individual corporations are receiving. And I would… I would submit that if they're not willing to show what they're getting from the state, then they're probably not worthy of receiving it because when you're receiving tax dollars, 09700148.doc 182  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 there ought to be 100 percent transparency. And I'd like to work with the Sponsor in the fall with its follow up Bill, should this pass, for that reason. But this is giving me great concern because we've had enough… enough backroom deals in the dark in this state, and we need to shine a bright light on every dollar that's being spent."

"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. And just… just a comment to the previous Gentleman's remarks. The difference between the EDGE tax credits is they go to an individual company. They go to one company, by name, that company. In an enterprise zone, there might be 5, 10 different companies in that enterprise zone, and it is the zone itself that is… is… receiving those credits overall. So… or those ben… that benefit overall. So, there's a big difference between an individual company and an aggregate of multiples. Thank you."

"Mr. Bradley to close."

"I appreciate everyone's hard work. I'd like to thank staff for their hard work on this. Again, thank all the caucuses. Senator Althoff has joined us, Jack Franks' Senator by the way and we appreciate… we appreciate all the hard work and would ask for an 'aye' vote on this important piece of legislation."

"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. Saviano. Take the record. 118 voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is 09700148.doc 183  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 hereby declared passed. Senate Bill 3522, Representative Yarbrough. Please read the Bill."

"Leader Yarbrough."

"Mr. Speaker, I'd like to adopt Amendment #2, and have it adopted and then debate the Bill."

Speaker Lang: "Are you also adopting Amendment 3, Representative?"

"No. We're receding from Amendment #3."

"You're withdrawing Amendment 3."

"Yes."

"One thing at a time."

"Okay."

"The Lady moves to adopt Amendment 2. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. And the Lady withdraws Amendment 3. Mr. Clerk."

"Third Reading. Please read the Bill."

"Leader Yarbrough."

"Thank you, Mr. Speaker. These last three years have been quite a journey for me and for the Bill that we have 09700148.doc 184  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 in front of us. For many of my constituents and for many of yours, there's no more important issue in our districts. They're… they're neighborhoods, they're great people and great organizations who have labored mightily to build. Now, in the last few years, the foreclosure crisis has continued to decline our communities, and how do we start now to help our neighbors build? I started last Session with a comprehensive package to generate funding for pro… programs like housing counseling to help families save their homes from foreclosure. We want to give local governments tools to stabilize neighborhoods. Now we're ready to go home and though the problems we're trying to address have only grown worse, and we're focusing now on one part of the solution. Now this Bill, 3522, is going to help local governments around the state to better address the foreclosure crisis. It was drafted with input for close to 100 local governments. They are facing a huge problem. Homes where the… the owner is gone, but the foreclosure process is incomplete. These homes are vacant now, and may remain vacant for months, sometimes even years. During that time, the properties aren't cleaned up or secured. They become magnets for squatters and scavengers, and criminals. While the neighbors suffer, local governments, of course, bear the costs, and the costs are huge. A single vacant property can cost a municipality more than $30 thousand. Taxpayers and local governments just don't have the money to do that job. We've spoken to building departments in places like Alton and Decatur, DeKalb, Peoria, Springfield and Waukegan, and they say they're spending as much as 60 09700148.doc 185  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 or 70 percent of their time dealing with these vacant properties. It requires a huge amount of time and staff time, and if they have the money, they spend a huge amount of money mowing lawns, removing trash, sealing up windows and doors. Now, the community banks and the credit unions are generally doing an excellent job in communities making sure that these vacant properties don't cause problems for neighbors. But the bigger banks aren't doing such a good job. This Bill will allow municipalities to hold everyone to a higher standard, like the one that the community banks and credit unions stand. The Bill will also speed up the foreclosure process for abandoned properties. If a property is clearly abandoned, we want to get it into the hands of a responsible owner as quickly as possible. Senate Bill 3522 includes fast-track provision that'll shorten that process by 18 months. When we started working on this Bill, we faced substantial opposition from the banks and the realtors, and I've always been committed to trying to find a common ground. The banks, the credit unions, the thrifts and the realtors had concrete ideas on how to improve the Bill, and we made significant changes to accommodate their concerns. This helped us to make a better Bill. We worked with the banks to improve the fast-track foreclosure language for abandoned properties, and as a result, we made significant changes to this Bill. A big debt of gratitude goes to Senator Mulroe, Senator Collins and President… the President of the Senate, Sam Tuttle from the Heartland Alliance for their great work. And the Governor's Office has been our constant partner. Now, I, like you, would've 09700148.doc 186  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 liked to have an agreed Bill. I worked to find a common ground on the middle ground, but the end of the day, we have a fundamental disagreement with the big banks on a… it's only on one key point, and that's the fees. When I talked to mayors, residents, and just plain people from the community that I met at the hearings that we had, they let me know that they support this Bill. The community banks, the credit unions, the thrifts support this Bill. The Attorney General supports this Bill. The Bill is supported by municipalities, AARP, but the big banks oppose it. That's unfortunate because this Bill will be good for banks too. Senate Bill 3522 will get properties cleaned up. It will make neighborhoods safer and attractive. It'll bring stability to housing markets, and it'll raise property values. No matter who supports this Bill, remember that we're going to go back to our districts; some of us are going to familiar territory, and others are going back to new territory, but a great many of us are going back to communities where far too many people are struggling to save their homes and struggling to save their neighborhood. They sent us here. That's why I support this Bill and hope that you will too. Mr. Speaker, I stand to answer any questions."

"The Lady moves for the passage of Senate Bill 3522. Ladies and Gentlemen, there are 8 people… 9… 10 people wishing… eleven people wishing to speak on this Bill. You certainly get your chances to do so, but I would urge restraint so that we can move through this expeditiously. I remind you this is the 31st of May. The 09700148.doc 187  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 first person to speak would be Mr. Pritchard for two minutes or less. You don't have to take the whole two minutes, Sir."

"The Lady yields."

"That's part of the problem."

"That's only part of the problem."

"That language is in this Bill."

"That language, the fast-track language, that's what you're talking about? That is in this Bill."

"The fast-track…"

"…it'll bring it from close to 600 days down to about 100 days. That's in this Bill."

"Well, I'd like to be… have it cleaned up immediately, but…" 09700148.doc 188  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"No."

"This… this…"

"…the fee…"

"Well, you know what, I don't want to blame… that's what the… the banks have been doing, they've been blaming the victims. You know, people want to own homes and so they depend on their lawyers and their bankers and their lenders to tell them what they need to do to buy a home. And so, when they went through this process of these no-doc loans and all these fancy products, people ended up with these homes and now they're, in many cases, they're under water. They can't pay. So, that… that's, you know, somebody else created this, not the people who have the property."

"Absolutely."

"Yes, absolutely."

"They're not enough, and this money is going to go…"

"You're talking about the IHDA funds?" 09700148.doc 189  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Yes. Those… IHDA has drafted rules and have identified agencies to receive that money. They've got signed agreements with most of these agencies, but it's not enough money. There are some counties that only have one… one housing counselor. We need to have more housing counselors. I know that if people know better, they can do better."

Speaker Lang: "Mr. Pritchard, your ti… doesn't make any difference if your time is expired. Representative Tracy for two minutes."

"Sure. So, the foreclosure filing fee, it currently is $50. And for banks that have assets greater than $10 billion, there'll be an additional $500."

"On the judicial sale fee, it's currently $300, and it will go up to $750. It only applies if the purchaser at the auction is a mortgagee of the property subject to the auction, who, together with its affiliates, has assets greater than $10 billion."

"No. On the front end fee, it's currently $50…"

"…and it goes to $550." 09700148.doc 190  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"On the back end fee, it's currently $300 and it goes to $750."

"If there are two… there are two funds involved here. One of them is the… the foreclosure filing fee fund, and then the other one will be abandoned properties fee."

"IHDA is… is the agency on the front end fee, and the abandoned property funds… that… that's also distributed through IHDA…"

"…to… at… directly to municipalities."

"Representative, I… the Governor's Office has worked with me, has held my hand through this entire process, and they are committed to making sure these dollars get to the inten… intended destination. He has been throughout the state and has seen these communities and they're in travail. He wants to make sure on the front end that people get counseling. He wants to make sure on the back end that communities get the dollars so they can clean up these properties."

"Representative Tracy, your time is expired."

"You'll have to make them very quickly." 09700148.doc 191  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Are you talking about when they file the… with the clerks?"

"They will…"

"…they will self… they will self certify, and it's my understanding that there are serious penalties if you don't tell the truth."

"The courts make their own rules. The counties make their own rules, it's the clerk."

"They will make their…"

"…own rules."

"It would not be in my Bill. We…"

"Represent…"

"Representative, just like in all court cases with filing fees, this filing fee will be paid by the plaintiff and the foreclosure… foreclosure case, though, it's only paid if the plaintiff and its affiliates have assets over $50 billion… 10. I'm sorry, $10 billion."

"Representative Tracy, your time is expired. Mr. Sullivan for two minutes."

"Mr. Arroyo for two minutes."

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

"The Lady yields."

"Representative, why is the fast-track foreclosure important?"

"Representative, this fast-track… these fast track provisions are negotiated language. The… the Bill creates a better foreclosure process for banks, and there's really good protections in this Bill. The fast-track provisions, they'll allow banks to shorten the foreclosure process for abandoned properties by about 18 months. Banks will maintain and secure these properties more quickly, which will be good for neighbors, good for neighborhoods, and good for local government. The banks benefit, too, because they get titled to these properties that have suffered less damage and deterioration and they can be sold for more. And they'll save, again, about 18 months of costs like property taxes, insurance, and loan servicing fees." 09700148.doc 194  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Representative, will the fast-track foreclosure help get properties back into the hands of homeowners who will take care of them and pay for their property tax?"

"Absolutely."

"Does the fast-track provision include any protection for renters? I know there's in my district has happened a couple of times where a foreclose happens and there's 20… 20 units, and now everybody has to move. What does this do for that?"

"Ye… yes. Fast track only applies to abandoned properties. Consumer advocates have worked for, literally, months to ensure that this Bill includes a number of good protection for renters and all other lawful occupants who might be living in that building. Renters and… they… they… we… we hear from them all the time. A lot of times the property is in foreclosure. They're paying their… their rent, and then they get tossed out because the property's in foreclosure."

"Representative, would this create jobs?"

"I'm glad you asked that question. Yes, it does. You know, municipalities could really use that money to contract with local businesses or nonprofits that'll work to clean up these… these properties and secure them. The housing counseling money is going to create approximately 350 new jobs."

"Thank you, Representative. Ladies and Gentlemen, this is an epidemic. This is a problem that we've been working with for the last couple of years. This is an epidemic in a lot of our districts, especially in my district. It's been 09700148.doc 195  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 one of the highest home foreclosure problems in my district, and I think that this has to stop. I… I thank the Speaker… I thank the Sponsor of this Bill for coming forward and doing something about it. We've been working on it for a long time. I think this is well overdue time to be able to move forward and pass something. The banks are not willing to go and do the right thing, and I think by this Bill passing, I think it's going to put the cherry on the top. Since we passed a budget, we've been doing a lot of good work. We're about to vote… we'll about to talk about pensions. Let's talk about foreclosures. Foreclosure's a big epidemic in all our districts, and I stand in support of this Bill and I hope that all of you also support this Bill. Karen, wonderful job. Thank you."

"Mr. Dunkin for two minutes."

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

"The Sponsor would be happy to yield."

"All right. The last speaker spoke of a cherry on the top. Speaking of which, which Bill… Senate Bill 3522, this Bill, and Senate Bill 1853 will actually incentivize cherry picking?"

"I… this Bill will not incentivize cherry picking. Let me tell you that this Bill… we've got some language in this Bill that… that has some reporting features, because we were concerned about that. And so, every six months, there's going to be an opportunity for the banks to report back to IDFPR to let them know where they've actually done the fast tracking." 09700148.doc 196  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Sure. Now, Representative, I know you… you've worked on this Bill very diligently. There's a lot of discussion in this… in this Capitol as it relates to this. None of us wants this problem to… to persist, so we get that. That's where we're headed. But this Bill actually goes from a filing fee of 250 to about 1250, close to what, $1300; 500 plus 750, that's 1250. Would that play a role in cherry picking?"

"I'm sorry."

"If… if we raise the fees on the front end and on the back end, wouldn't that create a cherry picking scenario even with the sma… with the bigger banks, as well as the smaller banks?"

"Representative, there are other states that charge much, much more than we do. We've verified several states. Now, I know that's a bone in contention with the big banks, but I'd like to see their data. I mean, they're in the neighborhood of 3, 4, and 5000 dollars is being charged on… yet, and they're being charged, and banks are paying it."

"So, who would pick up this fee? Would it be banks or the cu… or the… I'm only trying to…"

"The banks. The banks."

"All… the front and the back end?"

"The… the plaintiff in the foreclosure, whoever that is, and if it's less than 10 billion, you know, they wouldn't have to… to pay. The…"

"Mr…"

"…the purchaser on the… on the back end."

"Okay. I… I… because I'm not sure…" 09700148.doc 197  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

Speaker Lang: "Mr. Dunkin, your time has expired. Please complete your remarks, Sir."

"Representative, I'm not trying to put anymore hurt… an additional hurt on any resident at all."

"No."

"And… and I want the banks to, all the banks, the credit unions, the small banks, the big banks, to be incentivized to do the right thing. Last question, there's about $4.5 million in the Illinois Department of Housing Authority's Fund. Why haven't this money been spent, and how much would be generated if we passed this legislation?"

"Okay. I… I answered that question before because I had concerns about that as well, but IHDA has drafted the rules, identified the agencies to receive this money, signed agreements with most of these agencies, and the money should be out the door in two weeks."

"Like, in two weeks of this year?"

"Yes."

"Because it's not doing any of us any good."

"Not at all."

"So, how far apart were you from 1825, or 25… help me out, 2534."

"Well, 1825 was my Bill."

"Excuse me, 2534. How far apart were you?"

"Well… well, we both have the fast-track foreclosure. There was no money in that… the bank's Bill. There was no money for housing counseling, which it won't save anybody's home from foreclosure. It won't help reduce the number of foreclosures. And it only provided 25 million 09700148.doc 198  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 to local governments, and it posed all new fees on all the banks, which we have not. We have exempted the small banks. We have exempted the community banks, the credit unions, and the thrifts. They are not the problem."

"Who…"

"They didn't cause the problem."

"Mr… Mr. Dunkin, your time…"

"She…"

"…has expired. Do you wish to address the Bill, Sir?"

"Yes. All I want to do is to find out who controls the majority of these foreclosed properties in most of our communities in Cook County? Is it the larger banks? Is it a combination?"

"Eighty percent are the big banks."

"They control 80 percent of the market share…"

"They're…"

"…of the…"

"…for…"

"…foreclosed houses?"

"Yes. Yes."

"I'm just asking for clarification purposes."

"Yes."

"Thank you."

"Mr. Leitch for two minutes."

"Mr. Kay for two minutes."

"The Sponsor yields."

"Have I ever made a loan?"

"Yeah. You don't want to hear about it. It was not a pretty picture. Okay. And I don't want to discuss it here…"

"…but it was bad."

"Not true. I love the community banks and the credit unions. They're not the problem." 09700148.doc 200  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"I'm… there… there probably are as little as 5, no more than 20."

"Not that many, but…"

"The…"

"The big banks? Yeah. The ones that got bailed out, they're a big problem. Yes."

"Rep… Representative, I don't know where your district is and I don't know what goes on in your neighborhood, but I've been in neighborhoods all across the state. And in Waukegan, and Chicago, and Peoria, and Decatur and other communities, it's not like that's not what's happing in those communities. Not at all." 09700148.doc 201  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Why should banks not own up to… it's their responsibility. Now, I had a lender responsibility Bill here that the language passed in the City of Chicago, it passed in Cook County. They weren't interested in that particular Bill, the lender responsibility, because we felt that lenders should be responsible for the properties. They have a financial interest when people walk away from…"

"…the properties. And the reason they walk away from the properties is because they're underwater, they've got these exotic loans, and it's just a bad deal for consumers."

"Mr. Kay, your time has expired, but certainly complete your comments, Sir."

"Representative Soto for two minutes."

"Will the Sponsor yield?" 09700148.doc 202  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"The Lady yields."

"Yes. Representative Yarbrough, I have a question. This Bill only puts fees on banks with assets above $10 billion. Why? Why is there a $10 billion threshold?"

"Representative, there are… there are a number of Federal Laws that treat banks above $10 billion differently than it treats banks with 10 billion or less, like Dodd Frank. So, there are precedents in Federal Law for doing this."

"Thank you. I did hear… to… to the Bill. I did hear my… one of… a few of our colleagues, and I just want to mention, our colleague just mentioned… previous… a colleague just mentioned that the big banks are not putting… I mean, that they're putting… why should they put money in abandoned houses, or they are already? They're not putting them in abandoned houses because I live in those communities where there not putting it. A lot of our colleagues here from Chicago, we have a big issue. I also want to mention this is a big issue, especially for me. I take this personal. I think it's long overdue. It's time that we pass a… a Bill that will really help communities. I have to say, my mother lives by herself. There was an abandoned house next to her. She thought that somebody was in that house because she would see things that were moved around. She could look inside that house. The previous owner of that house purchased a new house. Somebody… anyway, took… anyway, they purchased a prev… a home. They couldn't pay that existing mortgage that they had so they had to leave the house and they had to abandon that home. I 09700148.doc 203  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 have to say that my mom called the police over and over, and they told her that they couldn't do anything about it because it was private property. Unless somebody had knocked down the… the door, or… or pushed it open, or broke the window and gotten inside that house, that that's the only way they could do anything about it. So, for a long time there was somebody living in there. Sure enough, the neighbors got involved and they went in there and they found a man living in there. My mom, you know, was not living in a safe environment. She lives by herself. She works. When she gets home… and if she's out visiting family members, even like her own daughter, when she gets home we have to call her to make sure that she got in the house safely because, again, the police were not doing anything about it. I think it's time to do something about this, and I… I'm… I live with Representative Yarbrough and Representative Lisa Hernandez, and we're…"

"Representative Soto…"

"…we're… we're roommates. All I want to say that this is a very important… one… one, really quick, if you give me one more minute. I have to also mention my… my sister-in- law was renting to a young girl that was 19 years old. Down the corner from their house, there was an abandoned property. This girl was 19 years old, going to… to work. She got raped by three young men. She was so scared that she didn't even want to report it to the police because she thought… she didn't know what to do. She was in shock. Once we found out about it, we hurried her up to the hospital. But again, these are some of the stories that are happening 09700148.doc 204  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 in our community. We just want you to understand that this is a very important Bill, and that I'm urging my colleagues to support something like this because it's really, really lon… long overdue. It… maybe it's not your family right now, but God forbid that that happens to anybody in our family. Thank you so much."

"Representative Cassidy for two minutes."

"Thank you, Mr. Speaker. To the Bill. The banks are saying that they only need the fast-track language and that these other… these other components, the fees, and counseling, and funds to preserve these properties are not necessary and I beg to differ. Last fall, I bought a beautiful home. Within a month, my neighbor was moving out in the middle of the night. Last night in committee, the representative of the bank that holds the mortgage on that home said that within 45 days they do a well-being check when a home… when a… when a mortgage isn't paid. Now, if that were true, I don't believe that the home next to me would be crumbling into my yard, that my boys and I would have raked leaves, shoveled snow, picked up garbage every day. We've gone through three seasons watching this house deteriorate. We're actually watching a dead squirrel deteriorate in the front yard. I have notified the bank. They said they would secure the property and they have not. Without these protections in place, cherry picking will happen. It is happening. We have to do something to preserve our communities. We have to do something to get these homes back into the marketplace. My colleague on the other side of the aisle referred to the funds that… that 09700148.doc 205  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 banks have to invest in order to repair the homes. If they secured the homes sooner, they wouldn’t need to do that. If the banks were taking care of these properties, we would have a much smaller issue to address. Representative Soto is correct. Our communities are plagued by this. Our neighborhoods are deteriorating. This is not just an economic issue. This is a public safety issue. Studies have shown public health impact when… when families face foreclosure. This is a enormous issue facing us. This is our opportunity. I thank Representative Yarbrough for all her work on this, and I strongly urge an 'aye' vote."

"Representative Mulligan for two minutes."

"Representative Berrios for two minutes."

"I'd like to yield my time to Representative Arroyo."

"Mr. Arroyo for two minutes."

"Thank you, Mr. Speaker. A question to the Sponsor. Karen…"

"The Lady yields."

"…who administers the money that… the funding that's collected, or the fees that's collected?"

"I'm sorry. I didn't hear your question." 09700148.doc 207  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Who administers the money and the fees that's collected from these fines?"

"IHDA."

"IHDA?. Is IHDA a state agency?"

"Yes."

"So, are we… do you have a provision in this Bill that says that they have to come back to the General Assembly every year and give us a report of what's been done or what's not been done?"

"I was talking about the fast tracking. Twice a year they have to report to the department on what properties that they've fast tracked so that we will know whether they are cherry picking or not."

"Okay. Because I have a… a line item, or a portion, in the gaming Bill with Sponsor Lou Lang, that I… I'm also putting $6 million for foreclosures in the Bill, and every two years, but… in our… in our gaming Bill, we don’t have no provision that they have to come back and tell us what they did with that $6 million. So, I would like for you to also include that or say something in there that they should come back and give us a report for that $6 million that we put in there to IHDA."

"We don't… Representative, we don't have nearly enough money for housing counseling in this state. There are some counties that only have two counselors. In… in the case of Lake County, they have two counselors and they have almost 6 thousand foreclosures. Every counselor can service about 100 people a year. So, we… having the number of 09700148.doc 208  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 foreclosures that we have in this state, we need a number of new counselors."

"So, your Bill would be able to hire people with the fees to be able to…"

"Yes. We…"

"…take more cases?"

"…we've figured about $20 million for… on… on that side and that will allow us to hire housing counselors. And that's where the 350 housing counselor came from."

"Okay. Thank you. I… I rise in support of this Bill for the second time. Maybe I can vote twice. Thank you very much."

"Mr. Reis for two minutes."

"Your request is acknowledged. Mr. Kay for two minutes."

"Mr. Kay, there's only one more speaker, so we'll take that person and then we'll close. Representative Monique Davis for two minutes." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Lady yields." Davis, M.: "Karen Yarbrough, is this your last Bill?"

"Yes." Davis, M.: "What a legacy to leave with the General Assembly, where there has been a major attack against home mortgage 09700148.doc 209  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 fraud, blighted neighborhoods, unkempt property. And those of us who've been around a long time, we know that this issue has gained momentum in many communities where people are losing their property. Those next door are losing the value of their property, but the taxes are not going down, just the value of the property. So, this is legislation that will help all of us who support and represent homeowners and who represent communities who have really been under attack with unfair mortgages. Karen Yarbrough, what a wonderful legacy to leave. I think the Attorney General is in support of this. Is that correct? The Attorney General has been very supportive of this kind of legislation, to prevent the harm to homeowners. All of us who care about the people we live around, all of us who care about the residents that we represent will vote 'aye'. I urge an 'aye' vote."

"Leader Yarbrough to close."

"I think that we certainly had a vigorous debate on… on this issue. And I hope that when I leave here that you all will continue to do whatever you can to help people in the communities that you represent across this state. I got involved in this issue, not just today. Many of you can remember House Bill 4050. We were vilified in the media. They said it was discriminatory. The predatory lenders were doing what they do and a lot of that resulted in what we have today. Our Leader on this side of the aisle, Speaker Madigan, led the fight with House Bill 4050. Many of us put our zip codes in that Bill and we wanted to get help for people giving them counseling so that they could learn 09700148.doc 210  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 better and do better. But guess what happened? On the way to… and you know, putting that law in place and getting those things done, somebody said it was discriminatory, the former Governor pulled the program back. I just wonder how many people's homes could we have saved over these past several years. And so, here we are in 2012, the problem is in full bloom. Either you do something today about it… go back home and tell the people at home that you did nothing on this issue, continue to watch the grass grow up and your property values go down. Vote 'yes' for this Bill. Thank you."

"The Lady moves for the passage of Senate Bill 3522. Ladies and Gentlemen, there's been a request by Mr. Reis for a verification. Members will be in their chairs and vote their own switches. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 67 voting 'yes', 48 voting 'no', 2 voting 'present'. And Mr. Reis has asked for a verification. Do you persist in your request, Sir? Mr. Reis persists. Mr. Clerk, please read the affirmative."

"Mr. Clerk, the… the request for a verification has been withdrawn. There being 67 'yes' votes, 48 'no', 2 voting 'present', this Bill, having received the Constitutional Majority, is hereby declared passed. On page 8 of the Calendar, there appears Senate Bill 3280, Representative Jakobsson. Mr. Clerk, please read the Bill."

"Representative Jakobsson on Floor Amendment 3."

"I have a question before I do this. I have… I have House Amendment 3 and 4, and I want to adopt both of them."

"All right. Do you want to adopt them both?"

"Yes."

Speaker Lang: "Mr. Reboletti. The Lady moves to adopt Amendments 3 and 4. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. Both Amendments are adopted. Mr. Clerk."

"The Bill will be held on the Order of Second Reading pending the notes. Page 5 of the Calendar, Senate Bills-Third Reading, Senate Bill 3592, Representative Feigenholtz. Please read the Bill. Representative, you need to move this Bill back to the Order of Second Reading. Mr. Clerk, please place the Bill on the Order of Second Reading and read the Bill." 09700148.doc 212  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Representative, you want to move both of these Amendments to Third Reading?"

"Yes."

Speaker Lang: "Mr. Reboletti. The Lady moves to adopt Amendments 2 and 3. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. Both Amendments are adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Representative Feigenholtz."

"Thank you, Mr. Speaker. Senate Bill 3592 amends the Guardianship and Advocacy Act by requiring the court to include, in a court order, the reasons necessary to appoint the office of the guardian, rather than another interested party. It adds a Section to termination adjud… adjudication of disability, allowing the court the discretion to terminate an adjudication of disability if a report is filed, and adds a… a $100 flat fee on the administration of estates in probate court. These fees will be deposited into the Guardianship and Advocacy Fund and will help defray the 09700148.doc 213  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 cost of maintaining and operating this agency here in the State of Illinois."

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

"She yields."

"I believe it's different in every county, and we're going to check on that right now, but this is not a substantial increase."

"They're estimating about a million dollars, which is… you can ask anyone from Human Services Appropriations, Representative Reboletti, a million dollars is a game changer for this agency that is struggling to stay afloat."

"Representative, we have a lot of wards of the state that this agency has responsibility over. They are… are aunts, are uncles, people who don't have children, who have disabilities, mental illness, who require a guardian. And unfortunately, the budget constraints have given us pause to think about how this agency can reinvent itself, because they really do God's work." 09700148.doc 214  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"I'm sorry. What was the question?"

"The guardian is exactly that. The… the… ultimately, the person who makes life decisions for the ward."

"Correct."

"Correct."

"Mr. Saviano for two minutes."

"Representative Feigenholtz to close."

"Ladies and Gentlemen, you've heard from Representative Saviano, myself, about how important this agency is. Please vote 'aye' so we can take care of the most vulnerable in Illinois."

"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? Have all voted who wish? That's four times. Bost, Brady, Franks, Hays, Jefferson, Sosnowski, record yourselves. Please take 09700148.doc 216  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 the record. On this question, there are 74 voting 'yes', 43 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk."

"On page 5 of the Calendar, Senate Bill 3621, Mr. Acevedo. Please read the Bill. Mr. Acevedo, there's an Amendment. We'll move the Bill back to the Order of Second Reading and read the Bill."

"The Gentleman moves to… 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."

"Mr. Acevedo."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3621 is just a cleanup Bill to address the… some issues the Comptroller's Office had with House 09700148.doc 217  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Bill 1316, which passed both Houses last spring. House Bill 1316 attempted to make the Illinois State Police Projects Trust Fund and interest bearing fund, in order to comply with the general federal grants. I'll be happy to answer any questions."

"The Gentleman moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 113 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3415, Representative Will Davis. Please read the Bill. Mr. Clerk, please move this Bill back to the Order of Second Reading and read the Bill."

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

"Third Reading. Please read the Bill."

"Mr. Davis." 09700148.doc 218  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Davis, W.: "Thank you very much, Mr. Speaker. We attempted to try to move this Bill the other day… yesterday, day before. They're all starting to run together now. And there were a myriad of concerns that came up from Members on this side of the aisle, as well as that side of the aisle. So, the Amendment that we have adopted was an attempt to try to alleviate many, if not all, of the concerns that were presented by Members on the floor, to address the issue of the… the offenses that will be part of this category. The issue of dealing with students that are… that have IEPs was addressed as well. So, again, we attempted to try to address those concerns that were brought on the floor with the purposes of this Amendment. So, I'll be more than happy to answer any questions."

"The Gentleman moves for the passage of the Bill. The Chair recognizes Representative Monique Davis for two minutes." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Gentleman yields." Davis, M.: "Could you tell us what Amendment issue… what did you correct? What did you put on the Bill and what does it do?" Davis, W.: "Well, if you will indulge me. Hold on, Representative and I can… What we attempted to do on Amendment #2, first thing, is that it gives school leadership discretion as it relates to assault and batteries, which means they have the discretion to decide what they want to do in those situations. Number two, carves out a provision for special education students. And 09700148.doc 219  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 number three, it removes the consequences for teachers who don't report the incidents except for gun-related incidents, which they already had the requirement to do anyway." Davis, M.: "So, in other words… is it a House Amendment 2 or Senate Amendment 1?" Davis, W.: "I believe it's House Amendment #2 we just adopted, Ma'am." Davis, M.: "So, you adopted House Amendment 2 and it states that you will exactly do what? And I apologize." Davis, W.: "Well, again, the Amendment corrects the three things that I just read for you." Davis, M.: "Could you read them again, please?" Davis, W.: "Absolutely. The three things that House Amendment #2 will correct is, for instance, it gives school leadership the discretion to deal with the issues of assaults and batteries. So, it kind of removes that from where we were the other day. The second thing, it carves out a provision for special education students, which was brought up by a Representative on the other side of the aisle. And three, it removes the consequences for teachers who don't report the incidents… incidences, except for gun- related crimes, which they already have a requirement to do." Davis, M.: "So, the other only thing your Bill will do is urge school administrators to report to the State Police if a child has a gun incident. Is that correct?" Davis, W.: "No, no." Davis, M.: "No." 09700148.doc 220  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Davis, W.: "It ex… it still expands reporting. So, again, these are corrections from what we attempted to move the other day. So, you have to be aware or remember what we attempted to do the other day, and these three things were brought up in the debate in our attempt to do that. So, for instance, the original Bill does… so it… so it does expand mandated reporting for offenses of criminal… excuse me, criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, and aggravated criminal sexual abuse. So, again, part of the challenge that I believe you had before was that assault and batteries were lumped into that as well. And so, there's a lot of gray area as it relates to those particular offenses…" Davis, M.: "But…" Davis, W.: "…so they were taken out." Davis, M.: "Criminal sexual assault. A child that commits criminal sexual assault, I mean, I believe there's an arrest, right?" Davis, W.: "I'm sorry." Davis, M.: "Is there an arrest by the police if there's criminal sexual assault?" Davis, W.: "Well, again, this is about reporting the incidences to law enforcement." Davis, M.: "Exactly what will have to be reported?"

"Representative Davis, your time has expired. We'll have…" Davis, M.: "Can I just…"

"…Representative Davis answer your question, and then we'll let you make some comments." 09700148.doc 221  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Davis, M.: "Thank you." Davis, W.: "I… I just… the list that I just read, Ma'am." Davis, M.: "Okay. To the Bill, Mr. Speaker. I'm really not that clear, and I apologize. I just ran in from out in the lobby there. But I just think that having administrators or anyone have a responsibility to report to the police what, perhaps, the police may already know. If there's a criminal sexual assault, surely the police are called and they will already know this. But your objective is to get information to the State Police, and that's what we object to. We object to school officials having to report what happens at school with a child to the State Police. We feel that a parent should be notified. A parent who's at work, a parent who’s at school, a parent who's at home should be called and notified for any problem or trouble his or her child gets into. And I think that if the police, who have to be called at the local level, choose to give it to the State Police, that might be something different. But I don’t think anybody should be mandated to report children's behavior to the State Police."

"Representative, your time has expired." Davis, M.: "Thank you."

"Mr. Durkin for two minutes."

"The Gentleman yields."

"Mr. Mitchell for two minutes." Mitchell, J.: "Thank you, Mr. Speaker. Representative Davis, does this remove any of the people that were opposed to this Bill?" Davis, W.: "Does it remove opposition?" Mitchell, J.: "Does it remove any of the opponents to the Bill?" Davis, W.: "When we… well, based on… based on what we thought were the challenges of the opponents, the Amendment was drafted for that purpose, and they were happy with the Amendment to address those particular concerns. But they may have additional concerns that are not necessarily addressed by the Amendment." Mitchell, J.: "Well, it seems they are because the CPS Juvenile Justice Initiative and the Health and Disability Advocates are still opposed to the Bill. So, apparently, the Bill needs some more work and I'd suggest that you wait 'til next time around, talk to those people, get some agreements and bring the Bill back. Folks, the Bill's not that much better. It still deserves a 'no' vote. Thank you." 09700148.doc 223  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Mr. Reboletti for two minutes."

"The Gentleman yields."

"Mr. Rose for two minutes."

"Of course."

"Mr. Rose, your time has expired. Please bring your comments to a close, Sir."

"Mr. Halbrook for two minutes."

"Mr. Rose for two more minutes."

"Mr. Coladipietro for two minutes. The Gentleman wishes not to speak. Representative Golar for two minutes."

"Thank you, Mr. Speaker. I yield my time to Representative Monique Davis."

"Representative Davis for two minutes." Davis, M.: "Thank you very much. In looking at the Bill, I see that the Health and Disabilities Advocates are still opposed. The Juvenile Justice Initiative is still opposed. And if a principal and his or her designee does not report this to the police, they can still be charged with a Class C misdemeanor. And it looks like… it looks like the police are the ones who notify the parent, rather than the school notifying the parent, and that is a big no-no. Some of these kids are 12 years old. Some of these children are 12 years old, 11 years old, in sixth grade, and you really haven't changed that much. You are allowing children to be 09700148.doc 228  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 questioned in the presence of police without a parent being… being present. That's less support than an adult has. It's a… it's not… it's not fair to our children. I had an incident when I was a school teacher. A little girl had a gun. We called the parent, and we did call the police, but she was protected by the assistance of her grandmother, and the fact that she had been a very good person and today, she is a teacher with a master's degree. And she thanks me… she thanks me for not allowing her to have a criminal record, and her whole future being destroyed. I really hesitate to pass any legislation that would label a child for his or her life for a bad mistake, any mistake, but for a bad mistake. That's what education is all about, changing the behavior of children, changing their behavior, educating them, teaching them right from wrong, not calling the State Police on them. It is wrong. It is wrong. I urge a continued 'no' vote. As Representative Mitchell stated, Jerry Mitchell, Jerry Mitchell, who is a very supported educator in the State of Illinois, who's worked in this Body on issues for schools, who knows that this is not the right way to go. Jerry Mitchell has always advocated, advocated for our schools, and he says we should not vote for this Bill. I urge a 'no' vote."

"Mr. Davis to close." Davis, W.: "Thank you very much, Mr. Speaker. Again, we took what was said in debate a couple of days ago and we made significant changes to this legislation to try to appease some of the advocates. And again, sometimes when you try to appease them, you give them an inch, they want to take a 09700148.doc 229  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 mile. So, what their initial challenges were to this Bill, we worked to address those challenges, and they were okay with the Amendment that we put before them, but they want more. And that's fine. And maybe we can come back in a trailer Bill after we've had an opportunity to talk to them about what their additional concerns are, and try to address those. But this Amendment currently addresses the concerns of what was presented to us when we began. I want to thank Representative Rose, Representative Reboletti, Representative Durkin, on their comments and how we have now been able to change the Bill to try to adjust their part… particular concerns. And I certainly want to thank the young lady standing behind me, to my left, Rachel, for working very hard to help put this Amendment together and present what we think is a Bill that is indeed palatable, and I certainly urge your support. Thank you."

"The Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Record yourselves, Members. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Bost, Leader Currie, Gabel, Harris, Sullivan. Please record yourselves. Please take the record. On this question, there are 56 voting 'yes', and 61 voting 'no'. The Gentleman moves for Postponed Consideration. The Chair recognizes Representative Cole."

"The record will reflect your intentions. Page 12 of the Calendar, under the Order of Concurrences, appears House Bill 3892, Representative Osmond. Please proceed."

"Perhaps you could tell us what it narrows down to Lake County."

"The Lady moves that the House concur in Senate Amendment #1 to House Bill 3892. And on that question, the Chair recognizes Mr. Franks."

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

"The Lady yields."

"It wouldn't be an Osmond Bill without asking a question."

"My question is, why is it only for Lake County? When we initially passed the Bill, it was for all the forest preserve districts, and I think it passed unanimously. So, how does this make it a better Bill if you only use it for 09700148.doc 231  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Lake County instead of the other existing forest preserve districts?"

"Is there any reason for that? Could we… could it… he just as easily exempted Cook County, instead of just having it for one county?"

"Really? You didn't have dinner and talk it over and figure it out?"

"He usually calls me before he does those things. I'm surprised."

"Okay. Well, thank you."

"Representative Osmond to close. Representative Osmond, do you wish to close?"

"The Lady moves that the House concur in Senate Amendment… Amendment #1 to House Bill 3892. Those in favor of the Lady's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Bost. Moffitt. Please take the record. On this question, there are 116 voting 'yes', 1 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 3892. And this Bill, having received the Constitutional Majority, 09700148.doc 232  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 is hereby declared passed. House Bill 4674. Mr. Rita, please proceed."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, we're just going to concur with Senate Amendment #1. It just changes the date from July 1 to January 1, 2014."

"The Gentleman moves that the House concur in Senate Amendment #1 to House Bill 4674. 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? Mr. Bost, Dunkin, Mussman. Mr. Dunkin. Mr. Bost. Please take the record. On this question, there are 117 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 4674. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4996, Mr. Biss. Please read the Bill. Excuse me. Mr. Biss."

"Thank you, Mr. Speaker. We're here to concur on two Senate Amendments to House Bill 4996, which as you may recall is a solution to a problem that arises from the unfortunate economic system in our pensions in the State of Illinois. The State University Retirement System and Teachers' Retirement System are both funded by an entity that is State Government, which is not responsible for making determinations of human resources for those systems. Consequently, it's possible for the state universities to allow their employees to terminate, sometimes, prematurely, and then return to work; thus, obligating the retirement system to pay the pension while the employer is still paying a far lower salary. It's essentially a… a shifting 09700148.doc 233  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 of the burden in a way that's kind of dangerous and irresponsible. The Bill that we passed unanimously nearly out of this chamber had a… was a little bit overbroad and the Senate has narrowed it in a couple of different ways. And I move that we concur with their Amendment so we can send this important Bill to the Governor. Thank you."

"The Gentleman moves to… that the House concur with Senate Amendments 1 and 2 to House Bill 4996. 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? Bost, Golar, Jackson, Mell. Please take the record. On this question, there are 115 voting 'yes', and 2 voting 'present'. And the House does concur with Senate Amendments 1 and 2 to House Bill 4996. And this Bill, having received the Constitutional Majority, is hereby declared passed. Members, we're going to Resolutions now. We're going to try to do these very rapidly. There are many Resolutions. So, let's do these as quickly as we can. Some of them will require a voice vote; some of them will require a record vote. The first one is on page 15, House Resolution 680, Mr. Brown. Out of the record. House Resolution 701, Mr. Dunkin. Out of the record. House Resolution 757, Mr. Ford. Please proceed, Sir."

"Thank you, Mr. Speaker and Members of the House. House Resolution 757 modifies the due date for the reporting of the Fire Public Awareness Task Force that this House adopted with House Resolution 550. It extends the date to December 31, 2012. I ask for the passage." 09700148.doc 234  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"The Gentleman moves for the adoption of the Resolution. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please vote, Members. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 101 voting 'yes', 13 voting 'no', 1 voting 'present'. And the Resolution is adopted. House Resolution 1117, which is on page 14 of the Calendar, Representative Hammond. Please proceed."

"Those in favor of the Resolution say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. Moving back to page 15 of the Calendar, House Resolution 824, David Harris. Please proceed." Harris, D.: "Thank you, Mr. Speaker. This Resolution deals with American forces in… in Afghanistan. It asks for the President to begin an expedited withdrawal of forces from Afghanistan. It does not state a specific date, simply says there's a plan in place, expedite the plan within strategic objectives."

"The Gentleman moves for the adoption of the Resolution. The Chair re… recognizes Mr. Reboletti."

"The Gentleman yields." 09700148.doc 235  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"We'll come back to it." Harris, D.: "Thank you."

"Thank you, Gentlemen. House Resolution 830, Mr. Zalewski. Please proceed. Out of the record. House Resolution 913, Representative Yarbrough. Out of the record. House Resolution 930, Mr. Brady. Please proceed, Sir."

"The Gentleman moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 963, Representative Golar. Please proceed."

"Thank you, Mr. Speaker. House Resolution 963 recognizes the importance of services provided by the non-for-profit social service organization in the state, which are our 501(c)(3)s. We urge the Comptroller to prioritize the payment of obligation owed to those organizations. I'm requesting an 'aye' vote."

Speaker Lang: "The Lady moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. The 09700148.doc 236  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 'ayes' have it. And the Resolution is adopted. House Resolution 1003, Representative Golar."

"Thank you, Mr. Speaker and Members of this Assembly. In my community, there are many issues in regards to violence. And the Muslim community came to me along with a pair of professionals and wrote this Resolution in regards to what is happening in my community, especially in Englewood. It encourages faith-based organizations to develop and implement universal intervention aimed to prevent violence in Illinois's impoverished, underserved, and at-risk communities by providing employment opportunities, media, and educational programs, after-school programs, mentoring programs, and other activities that replace negative messages, activities, beliefs and attitudes with positive and productive activities, beliefs and messaging… messages through a transparent and collaborative process with a community that takes full advantage of state and federal funding resources. This particular Resolution, Ladies and Gentlemen, addresses some systemic issues in my community. In Englewood, we have the highest youth violence. The highest in the nation and something has to be done. And in the Resolution, it points out individuals that are either a part of the problem, and individuals that can solve those problems. I would urge an 'aye' vote."

Speaker Lang: "The Lady moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 1010, Representative Bellock. Please proceed. 09700148.doc 237  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Members, please be looking on the Calendar so you're ready when your Resolution is called. Representative Bellock."

Speaker Lang: "The Lady moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 1013, Mr. Franks. Please proceed."

"Thank you, Mr. Speaker. House Resolution 1013 supports the United States Fish and Wildlife Service in its effort to establish a new national wildlife refuge on the Illinois-Wisconsin border to be named the Hackmatack National Wildlife Refuge."

"The Gentleman moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 1022, Mr. Cavaletto. Please proceed."

"The Gentleman moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 1029, Mr. Barickman. Please proceed." 09700148.doc 238  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"The Gentleman moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 1110, Mr. Reis. Please proceed, Sir."

"The Gentleman moves for the adoption of the Resolution. The Chair recognizes Mr. Franks."

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

"The Gentleman yields."

"Representative, do we have a… I'd like to know why we need to have an audit. Has there been some allegations of misconduct?"

"Has this been audited before, because typically we have authorities that are… are they on an audit cycle, or is it… would this be a… I'm sorry. Go ahead."

"Do you know if they have a fiscal agent, or do they have someone who's full-time?"

"Well, then, I think it's time for an audit. Thank you."

"Mr. Riley."

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

"The Sponsor yields."

"Representative Reis, in… in light of the process that you just went through, through the… the Public Safety Committee, why… why would you want to go ahead and do an audit, you know, at… at this time?"

"But Representative Reis, can't we say that about… just about every… every program that this state runs?"

"Well… but I want to make sure that one particular program is not singled out. Now, one of the things that you said, and I have to tell you it's an error. You mentioned Chicago… and actually, I've heard a lot about this program, and it's Chicago, Chicago, Chicago, as if it's a buzz word that is supposed to engender some sort of question about the validity or efficacy of the program. This program actually runs all throughout the Chicago metropolitan area."

"Well, that's not Chicago. Chicago's just one city. And I just…"

"Well… okay. Mr. Speaker, can I request that we take a Roll Call vote on this Resolution?"

"This… this will be a Roll Call vote, Sir."

"Thank you."

"Representative Chapa LaVia."

"Thank you, Speaker. Will the Sponsor yield?" 09700148.doc 241  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"The Gentleman yields."

"Mr. Reis, did you bring your concerns to the Audit Commission, the State Audit Commission, which I sit on, and Representative Pihos, and Mautino is actually one of our chairs?"

"Can you…"

"…can you do me a favor, Mr. Reis? Maybe do a letter in writing to Chairman Lauzen and Chairman Mautino to request an audit on them, as well, just out of courtesy? I'd really appreciate it."

"Thank you, Sir."

"Mr. Kay."

"The Gentleman yields."

"Mr. Harris." Harris, G.: "Thank you, Mr. Speaker. To the Resolution. I… I don't want folks to believe that this is a partisan issue here. I think that there are folks on, you know, both sides who were concerned that the money that's being spent was spent in appropriate ways, for appropriate goals and objectives, and this was our goal since no audit had been done on these particular grants, that as Representative Franks and I looked at the audit that uncovered from the Executive Inspector General $18 million of DCFS funds that were being inappropriately spent by one person, we just wanted to be sure that the people of the State of Illinois are getting their money's worth and that these moneys are being used to protect our communities and reduce violence, as they're intended."

"Representative Lilly."

"Yes, Representative, in committee we did know that an audit was done and released in '11… 2011. Did you get the opportunity to review that?"

"Thank you." 09700148.doc 243  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Mr. Reis to close."

"The Gentleman has moved for the adoption of House Resolution 1110. Those in favor will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Gabel, Walsh. Please take the record. On this question, there are 100 voting 'yes', 16 voting 'no', 1 voting 'present'. And the Resolution is adopted. Turning to page 18 of the Calendar, please, the following Representatives be ready to run your Resolution: Monique Davis, Mautino, Saviano, Bradley, Biss, and Brown. The first one is House Resolution 1111, Representative Davis. Please proceed." Davis, M.: "Thank you, Mr. Speaker. House Bill… House Resolution 1111. It was on June 19 in 1865 that President Abraham Lincoln announced the Civil War had ended and that slaves were liberated. However, during the post-Civil War era, the African Americans faced significant challenges as liberated men and women. Juneteenth became… June 16 became a time for prayers, gathering of families or friends, entertainment at events such as barbeques, rodeos, fishing and baseball. Juneteenth also emphasizes the education, self-improvement, guest speakers, and prayer services. Juneteenth is a celebration of the contributions that African Americans have made since 1865 when they were free to go where and free do to what. I ask for your 'aye' vote."

Speaker Lang: "The Lady moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. The 09700148.doc 244  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 'ayes' have it. And the Resolution is adopted. 68… Senate Joint Resolution 51, Mr. Mautino. Is Mr. Mautino in the chamber? Out of the record. Senate Joint Resolution 62, Mr. Saviano. Please proceed."

"The Gentleman moves for the adoption of the Resolution. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Walsh. Please take the record. On this question, there are 117 voting 'yes', 0 voting 'no'. And the Resolution is adopted. Senate Joint Resolution 63, Mr. Bradley. Please proceed."

"Thank you, Mr. Speaker. This would name a… a small highway in Franklin County after one of our fallen soldiers. I'd ask for an 'aye' vote. Travis Picantine."

"The Gentleman moves for the adoption of the Resolution. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Unes. Please take the record. On this question, there are 117 voting 'yes', 0 voting 'no'. And the Resolution is adopted. Senate Joint Resolution 69, Mr. Biss. Please proceed."

"Thank you, Speaker. I ask for your 'aye' votes."

"Well, perhaps, you could give us like three seconds about what it does, Sir."

"Oh, sorry. You seemed like you were in a real hurry."

"I am." 09700148.doc 245  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"This is a repeat of a Resolution we've done before that was a House Joint Resolution that got tabled in the Senate. It asks for a task force to study ways to improve the MAP program."

"Those in favor of the Resolution vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Sommer. Please take the record. On this question, there are 117 voting 'yes', 0 voting 'no'. And the Resolution is adopted. Mr. Brown, for what reason do you rise? Just prepared for the next Resolution, Sir?"

Speaker Lang: "All right. Senate Joint Resolution 73, Mr. Brown. Please proceed."

"The Gentleman moves for the adoption of the Resolution. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Bost. Mr. Biss. Please take the record. On this question, 117 voting 'yes', 0 voting 'no'. And the Resolution is adopted. Senate Joint Resolution 51, Mr. Mautino. Out of the record. Page 15, House Resolution 701, Mr. Dunkin. Please proceed, Mr. Dunkin. Please proceed, Mr. Dunkin. We're ready for you, Sir." 09700148.doc 246  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Right away. This Bill here, House Resolution 701 simply congratulates Pearl Lucrecia McCoy on her hundredth birthday, you all. I ask for an 'aye' vote. Centennial."

"Those in favor of the Resolution say 'yes'; opposed 'no'. The 'ayes' have it. The Resolution is adopted. Referring now to Supplemental Calendar #1, under the Order of Resolutions, appears House Joint Resolution 90. Mr. Dunkin, you're still up, Sir. Mr. Dunkin, HJR90. Your turn."

"All right. Ladies and Gentlemen of the House, thank you for your indulgence. House Joint Resolution 90 simply is a criminal law Bill that deals with a task force of criminal justice reform. And we're going to try to model our system very closely to that of Texas, and Georgia, and Pennsylvania. Clearly, we're spending a lot of money on crime. If they can reform their… their criminal justice system, so can we, and this… this task force speaks to that. And I ask for an 'aye' vote. Thank you."

"The Gentleman moves for the adoption of the Resolution. On that question, the Chair recognizes Representative Osmond."

Speaker Lang: "You will get your caucus shortly, Representative. Representative Tracy."

"Very high tech there, Representative. Please proceed." 09700148.doc 247  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"That's… no. We have the… with the Governor's se… we have a… a special sentencing project that the… that our House and Senate created. There probably is a similar Bill. What we're trying to do is to come up with an expedited approach in assessing our criminal justice system and its cost over the summer, over the fall, and being prepared to introduce this Bill, hopefully, in the spring."

"Minority Leader Christine Radogno over in the Senate is also an active Member who is trying to make sure that we pursue looking at our criminal justice system in short order."

"Well… well, we'll look at the… the Governor's sentencing project that exists already that… that's due to expire in 2015 to… to do most of the research, and to have 09700148.doc 248  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 consolidate an effort and approach with an intelligent data, current data that we have currently in our system…"

"…at DOC…"

"…with our probation office, et cetera, and so forth."

"No. We plan on having a comprehensive approach, not just DOC. We want to look at some of the Cook County data, the City of Chicago, maybe DuPage County, statewide data, corrections data, probation data, watermelon data. I mean, a data of all across the state that we can yarner up."

"Representative Tracy, your time has expired. Please complete your comments."

"Mr. Reboletti for two minutes." 09700148.doc 249  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"The Sponsor yields."

"Representative, the drafting of this Bill is very reflective of the State of Georgia in terms of some of the… the actives on it. I mean, I don't mind adding an additional Member from your side of the aisle."

"As a matter of fact, I want to make sure that you participate on this committee, as we talked about."

"Representative, now, I'm surprised to hear that from you given the fact that each in one of our committees have one more Democrat than… than Republican. So, this is not a new phenom. I mean, the goal is to get it done. We simply want to utilize your type of opposition… excuse me, your type of expertise to make sure that we're successful with our… with our crime Resolution."

"We want to reinvest in crime… start looking at those… looking at how much we spend in our criminal justice 09700148.doc 250  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 system, because there are too many nonviolent offenders taking up $30 thousand per year bed space…"

"…with three joints in their pockets."

"So…"

"Representative…"

"Representative, we can add an Amendment…"

"Mr. Sullivan for two minutes."

"Representative, for a point of clarification. There is no intention for any dismissal or disregard. If we need to modify it, I have no problems with this. We are trying to get to a solution. The reason that we have the Cook County Sheriff Department, the clerk of the City of… Cook County, the City of Chicago's heavily loaded is because that's where the majority of the prisoners come when they go downstate, when they go…"

"…across the state."

"Representative, we can make a… make modifications on this legislation. Would you be amenable to further suggestions?"

"Great."

"Representative…"

"…how about if we do this here."

"We move this out and we'll add an Amendment on it."

"Mr. Dunkin to close."

"Ladies and Gentlemen of the House, I have the upmost respect for this Body and it's history of task force, and I am very clear with… and as we are, very clear where the majority of the prison population comes from. And so, there's a financial… a bigger financial impact in the county of Cook compared to Winnebago County, compared to Macoupin County or Pike County. And so, we are trying to get a handle, especially, in the northeastern part of the state, even more so to deal with this issue. Let's not make this more complicated than what it is. Ladies and Gentlemen, it's a task force and we're dealing with where the majority of the citizens live in this state. So, I beg your indulgence, your support, your intelligencia, your legal expertise, your intellectual prowess, we need your support. So, Ladies and Gentlemen, vote 'aye'."

"Mr. Jones, the Gentleman has closed. For what reason do you rise, Sir?"

"I'm sorry, Mr. Speaker. I think I hit my button by accident. Inquiry of the Chair. Has the Century Club ever been given for a Resolution?"

"No. I don't think that's permissible under the rules, but it's possible an exception would be made."

"Okay."

Speaker Lang: "Those in favor of the Resolution will vote 'yes'; opposed 'no'. The voting is open. Have all voted who 09700148.doc 253  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 wish? Have all voted who wish? Mr. Beiser. Mr. Beiser. Please take the record. On this question, there are 16 voting 'yes', a lot more than 16 voting 'no', which is 102, and the Resolution fails. Somebody get out the rule book. The Chair recognizes Mr. Winters."

"The Chair wonders whether the trophy should now be retired and called the Ken Dunkin Honorary Award. Mr. Sullivan."

"Shortly, Sir. Mr. Franks."

"Thank you, Mr. Speaker. You stole my thunder. First of all, Mr. Dunkin, I want to let you know that I love you. It was very… very important that… that he won this for the third time, and it's unprecedented, so I'd like to make a Motion that we rename the Century Club as the Ken Dunkin Memorial Trophy… Honorary Trophy."

"Well, he's not dead yet, Sir. We're going to move on with the Calendar. House Resolution 1040, Representative Flowers."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Resolution 1040 will call for the week to be known as the Falun Dafa Week. And I move for the Resolution." 09700148.doc 254  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

Speaker Lang: "The Lady moves for the adoption of the Resolution. On that question, the Chair recognizes Mr. Sullivan."

"You'll go to caucus shortly, Sir. Those in favor of the Resolution 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 85 voting 'yes', 0 voting 'no'. And the Resolution is adopted. The Republicans are going to caucus. For how long? Will somebody tell the Chair? The Republicans have requested a 30-minute caucus, and the House will be at ease and in recess 'til the… the hour of 7:30. The Republicans promise to be on time. The House will be in order. Continuing down the House Calendar, the Supplemental Calendar #1, under the Order of Resolutions, the next one is House Resolution 1043, Mr. DeLuca. Please proceed, Sir."

"House Resolution 1043 designates the date of May 19, 2012 as Glenwood Academy Day."

"The Gentleman moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 1053, Representative Sente. Out of the record. House Resolution 1072, Representative Mayfield. Please proceed." 09700148.doc 255  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"This Resolution would designate the week of August 26 through September 1 of this year as Workforce Development Week in the State of Illinois."

Speaker Lang: "The Lady moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. The Resolution is adopted. House Resolution 1079, Mr. Dunkin. Out of the record. House Resolution 1098, Mr. Reboletti. Please proceed, Sir."

"The Gentleman moves for the adoption of the Resolution. The Chair recognizes Mr. Bost." 09700148.doc 256  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Those in favor of the Resolution say 'yes'; opposed 'no'. The 'ayes' have it. The Resolution is adopted. House Resolution 10… 1115, Representative Nekritz. Out of the record. Mr. Thapedi, for what reason do you rise, Sir?"

"Yes, Mr. Speaker, I've made an error with respect to House Bill 2621. I was recorded as a 'no', but will the Journal reflect that I should be a 'yes'?"

"The Journal will reflect your intentions, Sir."

"Thank you, Sir."

"Under the Order of Resolutions appears House Resolution 1088, Mr. Bradley."

"This is a voluntary audit request by the Chicago Port District. They have new leadership there and they'd like to have an audit. They're going to pay for it themselves. I ask for an 'aye' vote."

"The Gentleman moves for the adoption of the Resolution. Those in favor vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Berrios, Biss, Burke, Carli, Cavaletto, Ramey, Sommer. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And the Resolution is adopted. The Chair recognizes Mr. Rose." 09700148.doc 257  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"The record will reflect your…"

"…reflect your intention, Sir. Mr. Lyons in the Chair."

Speaker Lyons: "Representative Lang, on page 12 of the Calendar, under Concurrences, you have House Bill 3779. Leader Lang."

"Thank you, Mr. Speaker. Ladies and Gentlemen, I move to concur in Senate Amendments 2, 5, and 6, and if we could just put them… never mind. So, I move to re… concur in the Amendments, and 5 and 6 are the actual guts of this. And what this does is simply extend the Advance Deposit Wagering Law, which expires very shortly, to January to give us a chance to work out new details over the summer. It also has some new splits of the money for the harness horsemen. I would ask for your support."

"The Gentleman… the Gentleman moves for the adoption of Senate Amendments 2, 5, and 6. Seeing no discussion, all those in favor of adopting those Amendments, signify by voting 'yes'; those opposed vote 'no'. The voting is open. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Patti Bellock, Linda Chapa LaVia, Ken Dunkin, Jack Franks, would you like to be recorded? Mr. Clerk, take the record. On this issue, there's 106 Members voting 'yes', 10 Members voting 'no'. And the House does concur with 09700148.doc 258  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Amendments 2, 5, and 6 to House Bill 3779. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Reboletti. Leader Cross."

"Please, Tom, proceed."

"Thank you, Leader Cross. Representative Elai… Elaine Nekritz."

"Thank you, Mr. Speaker. It has, indeed, been quite a journey for all of us as we have gone through this debate and learned more about public employee pensions than I think any of us thought we would ever know. It has been a… a real pleasure to be on the working group with Representatives Senger, Senator Brady, and Senator Noland; working with Jerry Stermer and hours, and hours, and hours of meetings. Leaders were very engaged in this issue and I never thought I'd see Leaders sit through hours and hours of difficult meetings as well. So, it was really an honor to be doing that. I just want to point out to the Body that in addition to our concerns about the bond houses, I think that we can anticipate that the fact that next year the pension payment increase for the… the existing systems, since we were unable to address that issue this year, will be probably another $800 million, which would, again, exceed if… if we had the same revenue increase we had this year of $750 million, we're again looking at every new penny going into the pension systems. That's how dire this is. So, I'm looking forward to continuing to work on this, making sure that we receive… we achieve a solution that 09700148.doc 261  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 will address, not only the unfunded liability, but our ability to stop fighting about cuts and start working on rebuilding the Illinois state budget for the future."

"Representative Jack Franks."

"Mr. Speaker, I… I rise, too. I was surprised to hear Leader Cross's decision based on the Governor's recommendation. We're all disappointed, but I don't think we should get off that easy. I… we have a job to do, and I think that all the elements are here, all the items are here. There's room for compromise and we need to do it. I don't think we should go home. I think that the Governor should call a Special Session tomorrow. I think he should have a Committee of the Whole right here, in this chamber, in the front. Let's bring all the stakeholders here. Let's bring our retirees here. Let's have the current employees. Let's not lose the momentum. We need to do this. We've heard from the bond houses. The Governor told us that if we didn't get this done he was going to keep us. He ought to keep his word. We need to get this done. I think we're much closer than he… than he knows. And I think if we have the added incentive of the Special Session, starting tomorrow, and keep us here, that we will get it done. So, I'd ask the Governor to keep us here because we need to reform. We need to do it now. We can't wait to do it. We need to keep working. So, I'd ask that we all ask the Governor to call a Special Session to keep us in Session 'til we get this finished."

"Representative David Harris." 09700148.doc 262  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Harris, D.: "Mr. Speaker, thank you very much. And, Ladies and Gentlemen, if I may, just a brief moment. I want to compliment the Speaker of the House and the Minority Leader on bringing this issue to a head, actually last year, with Senate Bill 512. Our pension problem is not unbeknownst to all of us, and I really compliment, as well, the working group and the Members of this House that participated in the working group, Representative Nekritz and Representative Senger, for all of the hard work that they did this year. But you know I've got a little bit of a problem which I think many of you may share with me, and I'd like to put that out to you. You know, they had a pension problem in Rhode Island as well. Rhode Island has a general revenue budget of $3.6 billion. Our general revenue budget is 10 times that amount. They had an unfunded liability issue in their pensions of 6.8 to 9 billion dollars. Ours is 15 times that amount. But you know what they did in Rhode Island? Not they… and here's the report from Rhode Island, and many of you are aware of this. Their Treasurer, Gina Raimondo, said somebody's got to grab on to this problem. Somebody's got to go around the state and convince the stakeholders there's a serious problem. You've got to convince the… the citizens, you've got to convince the teachers, you've got to convince the public employees that there's really an issue. And I'm going to take fault with our Governor for a moment, because on April, I think it was the 9th, he put out… you can kind of call it a plan, maybe bullet points of what he would like to see happen. And he just put it out there and it sat. My friends, that's 09700148.doc 263  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 not leadership. He should've been in every corner of this state saying we've got a problem, here's my plan. Maybe they don't like it in the Legislature, but here's my plan. It's a plan that solves the problem. Just like Gina Raimondo did in Rhode Island, a state 10 times smaller than we are. And we're not well-served by the process when two days before the end of Session, the Speaker of the House drops a Bill to reform pensions. You know, the… the Pension Review Committee was supposed to come out some time in April and give their report. Well, it was evolving, and evolving, and evolving, 'cause they had to listen to the Leaders. What did the Leaders want to say? And then, it wasn't the Leaders, it was the Speaker. And I respect the Speaker, and I respect the power and the authority that he has, but we got a big pension problem, and you don't drop a Bill one hour before it goes to committee, and two days before the end of Session and expect there to be reasoned dialogue and buy in from the parties that have to buy in to a pension reform plan. We're not well-served by that process, but more importantly, the people of the State of Illinois are not well-served by that process. So, hopefully, if the Governor calls a Special Session, those… those folks who need to be in the room; the unions, the… the government representatives, the… the individuals from the House, and the Senate, and the Governor's Office, they got to sit down, they got to bang it out, and somebody has to come up, hopefully, that group, with a plan, and then it's got to be sold. It's got to go out to every teacher. It's got to go out to every citizen, and they've got to 09700148.doc 264  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 recognize how bad it is. You heard the Lady from Cook. Every single penny of new revenue, not just this year, but next year, and for several years into the future, most likely, is going to go to pay for pensions. Now, you can… you can stick your head in the sand, but the numbers add up and you can't change the numbers. I hope the process gets better. Thank you."

"Back to the Calendar. Ladies and Gentlemen, on page 2 of the Calendar, House Bills-Second Reading, Representative Burke, you have House Bill 4277. What's the status on that Bill, Mr. Clerk?"

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

"Leader Dan Burke on House Bill 4277." Burke, D.: "Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 4277, which has been the topic of much discussion, much debate for several weeks now in the Legislature and as you notice, it's a House Bill. It's certainly not my intention to expect that this matter will be moved to the Senate. We, if successful in the passage of this legislation, certainly will work through the summer to encourage the Senate to act on it, as well. But the matter, I think, is very, very basic as we, each and every day, in 09700148.doc 265  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 this Body, talk about equality and fairness. This is something I would insist to you is simply a fair and equitable approach to funding charter schools equally to the way that we fund public schools in our state. This is about treating all children equally. There always seems to be great confusion, and sometimes, great consternation when it comes to charter school issues. Let… let me clarify some of the more common misrepresentations. Firstly, charter schools are open to all children. There is no selected enrollment. They are not magnet schools. They do not cherry-pick their students. Charter schools have a greater percentage of minority students, low-income students, and the same percentage of special needs students as traditional public schools. Many are surprised to know that there only 13 charter schools outside Chicago. Of those 13, 8 currently fund charters on par with traditional public schools. So, I would submit to you that this Bill, essentially, is about underprivileged, underserved, and those that literally need the opportunity to get a step up. I would ask in… in Chicago, 10 percent of Chicago Public School students attend charter schools. That is 10 percent. I would certainly encourage any questions. Be happy to answer any inquiry."

"We'll be using the timer for two minutes, give you an extra minute if you need it. Representative Monique Davis, two minutes." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor yields." 09700148.doc 266  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Davis, M.: "Thank you. Representative Burke, how much money will the Chicago Public Schools lose if you fully fund the charter schools?" Burke, D.: "I would insist to you, Representative, they would not lose one nickel in funding." Davis, M.: "The report I have is they will lose $126 million per year." Burke, D.: "As you…" Davis, M.: "And the other question I have for you is, how many charter schools did you say there are in Chicago?" Burke, D.: "There are 3 charter organizations." Davis, M.: "Three different organizations with how many schools?" Burke, D.: "I believe there are 15." Davis, M.: "So, there… oh, there are more than 15. There are many more than 15." Burke, D.: "Let me check the number for you." Davis, M.: "To the Bill, Mr. Speaker. We know that charter schools were created because people stated that the public schools were asking for too much money and they could do it for less. They met us outside the chamber and they said we can do this job for much less. They don't need all that money to educate these children. We don't need that much money. So, it was decided that they would receive, I believe, it's 75 percent of what the other children receive. But the reason for that is they don't have to obey the School Code. The majority of the rules and regulations that all the other schools have to adhere to, they can skirt those issues at will. One school may choose to not 09700148.doc 267  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 use this part of the School Code, another school may choose not to use another part of the School Code. And I believe to take more money from the Chicago Public Schools would simply continue to decimate…"

"Representative, we'll give you another minute." Davis, M.: "…you very much. I'll just say that, you know, as a former educator, I do appreciate people who have good and bright ideas. And then in… we also passed a Bill last year that stated we weren't going to do anything else with charter schools until the 2013 year, and the reason was we want to study it and make sure and see what's needed. But here again, they want to change something in the middle of the stream. To allow charter schools to get full funding would take a massive amount of money away from Chicago Public Schools, plus it would remove the authority of our local school board. I urge a 'no' vote."

"Representative David Reis, two minutes."

"The Sponsor yields."

"Representative, your two minutes expired. We'll give you another minute."

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

"The Sponsor yields." Mitchell, J.: "With all due respect, Representative Burke, your numbers don't add up very well. You just told us there's 50 thousand students in charter schools. And then you said there are 15 charter schools in Chicago." Burke, D.: "There are." Mitchell, J.: "Ooh, boy, those are big schools." Burke, D.: "There are 110, I beg your pardon…" Mitchell, J.: "Yeah." Burke, D.: "…110." Mitchell, J.: "Those are big schools." Burke, D.: "I was talking about the organizations." 09700148.doc 270  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Mitchell, J.: "Well, Representative, it moves the funding from 75 percent to 95 percent. That money has to come from Chicago Public Schools." Burke, D.: "That is right." Mitchell, J.: "Now, I agree, too, that the money follows the students. There's no question about that, and that's the way it should be. However, my main contention with this Bill is we didn't take the time to look at it. It came up very quickly. It came up from a side that agreed with a Memo Of Understanding that no legislation would come to this chamber 'til 2013. Now, I signed that Memo Of Understanding, along with Senator Lightford, and we worked extremely hard two years ago to increase the number of charters, to increase the number of schools that are for reenrolling dropouts. That's what it started from. It took a full year. The charter school Bill came to us and said we need more charter schools. We got that. I understand you weren't there, and many of the new people weren't there, and you didn't sign that Memo of Understanding. But your word is as good as your bond. A lot of the people that are lobbying for that on the charter school side and they're friends of mine, did sign that Memo of Understanding, and now they have just simply walked away from it. I don't think that's the way we want to do business in this chamber. They can wait. I think you filed an Amendment that says that it wouldn't take effect until 2013. So, why don't we wait 'til then, study the issue and talk about it. I have a real problem with this Bill simply because I gave my word, I know those in the Senate gave their word, I know 09700148.doc 271  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 that Representative Chapa LaVia gave her word. We all worked on the charter school Bill. It's not that we're against charters. The problem is the timing…"

"Representative, I'll give you another minute." Mitchell, J.: "Thank you, Mr. Speaker. And it really, really looks bad for us to do that. I realize, with all due respect, you weren’t a party of that issue. You weren't in those negotiations, but I spent a year of my life in those negotiations working for both the public school system and the charter school system, and they are public school students. I realize that. The money does have to come from somewhere. It does shift money, 10 percent for those students in charter schools. You can't create money, so to say that it doesn't cost a nickel more is really pretty disingenuous. It… it moves the money to the charter schools. Chicago Public Schools is counting on that money right now. They have no advanced warning, and you just can't play the game that way. This deserves a 'no' vote simply because the timing is so bad. Thank you, Mr. Speaker."

"Representative Jim Sacia."

"He indicates he will."

"We'll give you another minute, Representative."

"Representative Sullivan."

"Representative Esther Golar."

"Thank you, Mr. Speaker and Members of this Assembly. House Bill 4277, I took time out today and spoke with Representative Burke very briefly in regards to it. I know that he is genuine in terms of trying to do the very best that he can to make sure for the shortfall. However, we have approximately, in the City of Chicago, 600 public schools, which equates to 410 thousand students. Many of those schools have all kinds of issues: peeling paint, no 09700148.doc 274  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 bathrooms on the doors. So, as the Gentleman that just spoke talked about how wonderful the charter schools are, so Ladies and Gentlemen, let's think about it. Equity. We need equal equity for all students, not for some. So, as you look at the choice of many of the people in my community that actually choose charter schools and are trying to exit some of the public schools that I'm over… I have 46 public schools in my district, and they are trying to do an exodus and I can't blame them because they feel that it is safer, that there are things there that they don't have and they are absolutely right. So, to shift money now over to the public school system because they say they want equal funding. Well, I want equal equity for all of the schools. Because, you know what, Mr. Speaker, this is what is happening in this country. Something very dismal is happening."

"Representative, your time expired. We'll give you another minutes."

"I understand. Trying to abolish public education. Come on now, please. So, let's look, Representative. I have some questions if the Speaker would please allow me. Is it true that CPS is facing a $712 million deficit due to the fiscal crisis as federal, state, and local revenues have decreased? Yes or no? Yes or no, Representative?" Burke, D.: "Yes."

"Okay. Thank you. Your answer is correct. I appreciate that. Isn't it true, Representative, that F 2012 budget already includes a funding increase for charter schools of a tune of $348 million? Can you explain where that 348 09700148.doc 275  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 million will be appropriated? So, put a footnote there, 'cause I have some more questions. If the base contribution, Representative, is increasing from 75 percent to 95 percent, where will that revenue be coming from? Or will you be transferring the revenue from one source to the next? In 1999, Representative, Public Act 91-407, Senate Bill 648 funding level increased to 100 percent and that was a four-year transition period put in place in order for there not to be a burden on the district. Wouldn't increasing the base…"

"Representative Golar, in respect to people who have spoken, and seven or eight people that want to speak…"

"But Repre…"

"…please bring your…"

"…Mr. Speaker…"

"…bring your remarks to a closure."

"…all due respect. This is an attack on public schools. And I do understand the time, but I wish you would allow me to finish, if you don't mind. What is the criteria, Representative…"

Speaker Lyons: "Representative, this will be your last question, if it is a question…"

"Okay."

"…please."

"…to determine which schools receive revenue funding, levels from 75 percent to 100 percent of the district's per capita tuition? For example, what percentage does Uno Charter Elementary, St. Mark receive, Polaris Charter Academy? And as I close, I want you to tell me, I am not 09700148.doc 276  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 against charter schools. My granddaughter attends Noble. They are doing an absolutely phenomenal job. She's a freshman there, and she's very excited. But why can't all schools have that? Come on, Ladies and Gentlemen, please do not be bamboozled in regards to this request. Let us move forward in 2012 to understand that equity is the problem, money for everyone. Thank you."

"Representative Chapa LaVia."

"Thank you, Speaker and Members of the General Assembly. I am simply going to talk to the Bill, itself. I have, here in my hand, a copy of the Memorandum Of Understanding for Senate Bill 612, Public Act 96-15 (sic- 96-105). This Memorandum of Understanding reflects a voluntary… a voluntary agreement among… among the undersigned MCs which was reached during the negotiation process of Senate Bill 612. The purpose of this MOU is to re… reduce that agreements to writing and it is not made as a result of any requirement. Understanding of the nonagency parties… the nonagency parties in… that engaged in the negotiations of the Act agreed that through June 30, 2013, any subject to any legislative change required by Federal Law, such parties shall not pose any change to Article 27A of the School Code other than legislation to establish an independent state level charter school authorization entity. Parties to the agreement. The nonstate agency parties to the agreement including the Alternative School Network, the Chicago Public Schools, the… the Chicago Teacher's Union, and the Illinois Education Association, the Illinois Federation of Teachers, and the Illinois 09700148.doc 277  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Network of Charter Schools, plus the Legislators that were involved in this. I've spoken to Senator Lightford and she, too, is not… she… she believes in charter schools, but she also believes that she signed this contract saying that we would not open this up. Now, last year, you remember, I was trying to get a charter school in Aurora, and I really didn't understand the vehemently opposition to what I was trying to accomplish last year until I read this agreement. It's a contract. That's what it states. I know the Gentleman that, as the Sponsor of the Bill, as honorable as he is and how much I… I have feelings for him, and he's very intelligent on issues, wants to do what he needs to do for his district, but this is a contract that was signed by some Legislators and the parties that went… took this under. So, I'm… I'm hoping that we'll…"

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

"Thank you, Sir. Thank you, Speaker. That we'll be able to reconcile this, maybe over the summer, but definitely I would urge a strong… a 'no' vote on this, and just to really realize that, you know, the Legislators that put their name on there, they did it on all good intentions. So, thank you."

"Representative Brauer."

"Representative Mitchell, two minutes." Mitchell, J.: "Thank you, Mr. Speaker. Ladies and Gentlemen, I… I just received a phone call from a very well-known 09700148.doc 278  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 lobbyist. I won't mention his name, but he wanted to assure me that even though they do lobby for charter schools, they are not lobbying for this Bill, and they are simply honoring the Memo of Understanding. There's a lot of mixed feelings on this Bill. A lot of people that are going to vote against this Bill… or for this Bill, don't… don't really understand the significance of it at this time. This is an issue that needs a lot of study. The last charter school Bill we passed took over a year to formulate. This has happened very, very quickly. I, again, urge you to think about the fact that there has not been time to study this issue, and please don't compare apples to oranges. When you look at charter schools from other states, many of those are private and privately funded. Ours are not. Ours are public school charters and you can't compare one to the other. The rules are completely different. So, if you're going to look at schools, you have to look within our own state because that's the way they are set up. I'm not saying I agree with that, but I just simply say don't compare private charter schools with public charters, 'cause they're totally different. Thank you, Mr. Speaker."

"Representative Kay."

"The Sponsor yields."

"Representative Camille Lilly."

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

"The Sponsor yields."

"Thank you. Representative, you opened up your words with saying you would not take this to the Senate, and you'll spend some time in the summer massaging and bringing the people to the table. With that statement, and having heard a lot of the concerns about lack of funding, I would like to present an idea that you can consider where at time… phasing in funding for the charter schools. They are evaluated every five years, and at that time, that's when the funding can be issued as far as being equitable. Is that something you can consider?" 09700148.doc 280  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Burke, D.: "Most definitely, Representative. As a matter of fact, I amended this Bill to accommodate the date of the MOU, so that is 2013. Aside from all of the references made to that MOU, having no existing Legislators still here, not seeing the two Legislators that just insisted they signed it, not seeing that document, I amended this Bill to accommodate what that MOU date is, and that's 2013. That is a red herring thrown out here that is nothing to do with the issue of equal funding. And yes, Representative, through the summer, we intend to work with all the concerned parties to try to find some reasonable agreement here."

"Thank you, Mr. Speaker."

"Representative Ken Dunkin."

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

"The Sponsor yields."

"Representative, is there a… help me understand the… the distinction from 1997, when charter schools went into effect with the funding levels compared to today, and sort of… what was so different back then that they knew they were going in about 75 percent of the dollars compared to where you're trying to be today?" Burke, D.: "Well, Representative, just as you've heard some of the comments of our colleagues earlier, there are those that who… who have never truly understood that charter schools are public schools. They are administered a little bit differently. They're given a little greater latitude as we can understand, seeing the test results, and some of the attendance rates being hirer than what common, traditional 09700148.doc 281  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 public schools are. There's a different way that they handle things. But the bottom line is, Representative, these are public schools. Each child should be entitled to every dollar a traditional public school child receives…"

"Absolutely." Burke, D.: "…without question."

"Sure." Burke, D.: "That's what this Bill addresses. Nothing else."

"Well, see, I think part… that's… that's part of the problem. You know, I am just like you. I want every kid in this state to receive more than adequate funding for education. And it's sad that we're number 48 in the nation of underfunding our babies. These are our kids, who eventually are going to take care of us. I want to get to… to a more comprehensive approach to funding all schools, especially the ones in my district in Chic… and your district, as well in Chicago, but I don't want to be a part of some political football between charters or, you know, the Chicago Public School Systems or you know, we have to get to the substance of how we comprehensively fund schools all across…"

"Representative, one more minute, please."

"Thank you. So, Representative, I would like to work with you, along with others, I sit on the Elementary & Secondary Education, to really look at the entire scope of how we educate, how we fund schools, come up with a very equitable and fair way, 'cause no one in their right conscience wants to have… wants to leave any school, or kid, out of the financial mix. I know you want to be a part 09700148.doc 282  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 of the solution. Most of us here do, as well. We simply have to move in that direction. This Bill, unfortunately, simply does not do it. So, I'm… on the next one. Thank you."

"Representative Turner."

"Thank you, Mr. Speaker. To the Bill. First, I'd like to thank Representative Sacia for those kind words regarding myself and my father. Education was a very important issue to him, and it's difficult to watch some of the struggling institutions that we have in my neighborhood, and the disservice that… that the students experience there with the quality of education that they receive. This Bill is first and foremost, for me, about equal rights for every child. For those of you with strong traditional public schools in your district, think of the families that can't afford to live there and… and depend on the choice that charters provide for them. The charter schools in my area have done very well and the families and the students that have graduated from there have gone on to do great things, and I… I believe that it is our… our duty to defend their right to a public education. I heard one of the Representatives say something before about the fact that charter schools can fundraise and that they should be able to do more with less, but the question for me is why are these schools fundraising to provide a public service that all children should have access to. I urge an 'aye' vote on this Bill."

"Representative Thaddeus Jones." 09700148.doc 283  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Thank you, Mr. Speaker. You know, as I sat in my chair, I kind of struggle with if I was going to say anything on this Bill because I'm one of the cosponsors. In learning about some of the things that I have in the past days about charter schools, I'm looking forward to my colleague, who I gave my word to that I would support this Bill, of making this a better Bill and making sure that charter schools do what they say they're going to do. Particularly, I had the opportunity to visit a charter school in my district in Altgeld Gardens, Larry Hawkins Charter School. And it wasn't just a charter school in the 9th Ward in Altgeld Gardens, they had students from all over the City of Chicago and I got the opportunity to see the hope in… in their eyes, and where they came from, and the schools that they failed at, and the successes that they had at Larry Hawkins School. Now, is this a great Bill? No. Can it be a better Bill? Yes. So, hopefully, if this Bill passes, with the work of the Sponsor, we'll work to make this a better Bill and make sure that the… the charter schools live up to the promise that they say they're going to do, and I urge an 'aye' vote on this. And just so my colleagues know that I received over 13 resolutions from schools supporting charter schools, and I'll be happy to share this resolution with everyone. As I stated, I'm not happy with this Bill from learning some of the things I've learned about the things that are going on at the charter schools, but hopefully we can address those concerns if this Bill pass. And I urge an 'aye' vote." 09700148.doc 284  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"We'll have three final speakers: Representative Poe, Representative Winters, Representative Leitch, and then Representative Monique Davis, who I knows name was used in debate, will be final, and then Representative Burke. So, final call on speakers Poe, Winters, Leitch, Monique. Representative Raymond Poe."

"Representative Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. It's just two issues real quick. Number one, the issue of the Memo of Understanding. He already received a letter cosigned by Representative Chapa LaVia and I explaining that, makes no difference whether we signed it. It did not bind you, and I didn't say it did; however, I can show you the Memo of Understanding and it is signed by the charter school people, as well as the public school people. So, it is valid and the people that are pushing this Bill signed this letter. The second thing, the Memo of Understanding was not broken. The Bill that was run was run by me and it was done after summer meetings with both the charter schools and the public schools because there was a disagreement on the reenrolling dropout schools, not low… not low… kids with low academic standing who is… kids that had actually dropped out. They couldn't agree on how it was done, so we simply had a trailer Bill that explained it and cleared up the situation so that both sides could move forward. That was not a break in the Memo of Understanding because it was understood by both parties. Thank you, Mr. Speaker." 09700148.doc 285  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Representative Dave Winters."

"Representative David… Leader David Leitch."

"Representative, with all due respect, you were the last speaker, and Monique Davis's name was used in debate, so I'll let her speak with your… you need to withhold that request and then Representative Dan Burke. Representative Davis, two minutes." Davis, M.: "Thank you, Mr. Speaker. First of all, let me say this is not about whether you like charters or you don't like charters. This is about… and I want a verification if this should pass, a verification, please. But what this is about is we… we cut public education just last night. We were screaming and yelling because the education budget is cut. Chicago Public Schools negotiates with the charter schools about how much they will get. They already got 300, and almost 350 million. This legislation will give them 126 million more. From where? Where will it come from? Will they be at our back door saying we got to have more money for Chicago Public Schools? We don't have the money right now. They want equal funding, but they don't pay teachers union wages. They don't pay their… their janitors union wages. They don't have to adhere to the School Code. We all don't dislike charter schools, but you're losing local control. You're setting a precedent here in the State of Illinois that will say that the State of Illinois will determine what you pay a charter school in your district. The State of Illinois will make that determination because this Bill will set that precedent. Any State Law that states that you have to pay a certain amount to a charter school will affect this entire state. It will not just be Chicago. And if you want us to give more money to Chicago 09700148.doc 287  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 Public Schools, I'm sure that will be wonderful. They need 126 million more per year and I hope when you pass this Bill, you're willing to give out that dollar, 126 million more. The agreement, the Memorandum of Understanding, should not be violated. The people who are opposed to this are the IFT School of Management Alliance, Chica…"

Speaker Lyons: "Representative, your time is expired. Representative Dan Burke to close." Burke, D.: "Thank you, Mr. Speaker. Ladies and Gentlemen, hearing this debate, as I suspected, there have been more red herrings thrown out in this discussion than an Alaskan fishery. Much of what you heard, this MOU is a nonissue. We have adjusted the date of the effectiveness of the legislation to go past the date of the MOU. Those that suggested earlier that they had signed it did not. Any of those signatories that were on that Memorandum of Understanding no longer are a part of this government in any form. That is an entirely different issue. Those two Legislators that spoke about that MOU, literally voted for legislation that affected charter schools, previously, in 2010. I cannot understand how we could be confused at this date, after the length of time charter schools have proven their importance in our community. I can speak from my experience, having one of the most overcrowded school systems in this state, that the charter schools have been a blessed relief, a welcome addition to my experience in my district and that of the kids that I represent. We know they're doing a good job. I can tell you about the teachers that are un… undercompensated. After five years… they start 09700148.doc 288  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012 off equal to what public school teachers are making. Five years down the line, they are far under that rate and they are lost to the public school system. The charter schools develop them, they matriculate them, they get them on par with what they expect to develop in these kids, and the public schools steal them away because of the salary. Ladies and Gentlemen, again, I can't be more emphatic; charter schools are public schools. Students that attend charter schools are public school students. They deserve the same amount of funding that we afford to the traditional public schools. If we do less than that, it's a crime. We are not asking for more money. We are not taking money away from traditional public school students. We are asking for fairness and an equitable treatment of those who have been fortunate to attend charter schools. The parents make a decision; they have to be accepted. There's a lottery. There… it's not a special treatment situation. They are entitled to the exact same funding as what we provide traditional public schools. If you take this matter seriously, you would agree with me that charter schools, again, are public schools, if we fund them, start spreading the money equally. I would certainly encourage you to vote favorably in this matter. And again, I don't expect to work a miracle and have the Senate consider this on the last day of Session, but we intend to work very intently, very diligently on a matter to get all parties on board, in agreement and bottom line, these kids deserve the same funding as we provide to public school students in our state. Thank you very much." 09700148.doc 289  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

Speaker Lyons: "Verification has been requested by Representative Davis. So, Members are asked to please vote their own switches. And the question is, 'Should House Bill 4277 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? Feigenholtz, Sommer, would you like to be recorded? Mr. Clerk… Have all voted who wish? Mr. Clerk, take the record. On this issue, there are 45 Members voting 'yes', 69 Members voting 'no', 4 Members voting 'present'. The Motion fails. Representative Frank Mautino, on page 6 of the Calendar, under Senate Bills-Second Readings… Mr. Clerk, status on Senate Bill 1566."

"Representative Mautino, Senate Bill 1566."

"Thank you, Mr. Speaker. I appreciate the opportunity to bring before you the Senate Bill 1566. This is the DNR sustainability package. We've talked about it at lengths. The agrees… the fees within the Bill are agreed by all the groups. We had a year's worth of negotiations to get to them, and this will save the DNR. It provides money to dedicated funds. There is a guarantee from the Bureau of the Budget and in the language of the Bill that they won't be swept. The Governor has said he will sign the Bill. He will not sweep the funds, nor will he reduce the GRF. It raises $32 million. Next year, that would be $15 million, and it makes the DNR sustainable. I ask for your 'aye' votes." 09700148.doc 290  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"You've heard the Gentleman's explanation. The question is, 'Should Senate Bill 1566 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Acevedo, Currie, Feigenholtz, Gordon, Mell, Nekritz, Thapedi. Acevedo, Gordon. Mr. Clerk, take the record. On this issue, there are 61 Members voting 'yes', 56 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Acevedo, on Postponed Consideration, on page 6 of the Calendar, you have Senate Bill 1064. Leader Eddie Acevedo."

"Thank you… thank you, Mr. Speaker. Ladies and Gentlemen of the House, we… we debated the Bill, but you know, I… I failed to… to let people know the supporters of this legislation, because I know some people were talking about the unions and… but let me tell you, as far as law enforcement goes, the Fraternal Order of Police of Illinois Lodge… Illinois FOP Labor Council, Police Benevolent and Protective Association of Illinois, sheriffs of Lake, McHenry and Kane Counties, the Illinois Sheriffs' Association, AFSCME Council 31, SEIU Local 1, Teamsters 743, United Electrical Workers, United Food and Commercial Workers, Local 881, ARISE Chicago, Chicago Workers' Collaborative and many, many more. Civic organizations: concerned centers of Crete and surrounding communities, American Civil Liberties Union of Illinois, Illinois Coalition for Immigrant and Refugee Rights, and many others. I ask for your support." 09700148.doc 291  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"Leader Acevedo moves for the passage of Senate Bill 1064. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Brauer, Gordon, Jakobsson, Leitch. Mr. Clerk, take the record. On this issue, there's 59 'yes', 54 'no', 1 'present'. The Motion fails. Continuing on the Order of Postponed Consideration, on page 5 of the Calendar, is Senate Bill 3824. Representative Mike Zalewski. Out of the record. Representative Monique Davis, you have your light on. What purpose do you seek recognition?" Davis, M.: "Thank you, Mr. Speaker. I just really want to have the… the Body say goodbye to my Issues person in the Insurance Committee, Monica K. Gamble. She's leaving us tomorrow, and we just want to say goodbye and thanks for her wonderful work. Monica K. Gamble."

"Thank you, Monica. Good luck in your future. Thanks for your hard work. On the Order of Considered Postponed, we have, on page 10 of the Calendar, Representative Sente, you have Senate Bill 967. Out of the record. Representative Reboletti, on the Order of Concurrence, you have House Bill 3801. Representative Dennis Reboletti."

"The Gentleman makes the Motion to Concur with Senate Amendments #1, 2, and 3. Representative Durkin." 09700148.doc 292  STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 148th Legislative Day 5/31/2012

"The Gentleman moves for a voting on each one of these Amendments, Representative Reboletti. So, Mr. Clerk, Amendment #1. Representative Reboletti on Amendment #1."

Speaker Lyons: "The Gentleman moves for the adoption of Amendment #1. All those in favor of its adoption signify by saying 'yes'. Representative Lang on Amendment #1. Representative Cassidy on Amendment #1. Okay. All those in favor of the adoption of Amendment #1 signify by saying 'yes'; those… Concurrence, okay. All those in favor of the adoption of Amendment #1 to House Bill 3801 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? Burke, Durkin, Dunkin, Howard, and Jakobsson, Jones, Turner. Mr. Clerk, take the record. On this, there's 103 Members voting 'yes', and 8 Members voting 'no', 4 Members voting 'present'. And the House does concur with Senate Amendment #1 to House Bill 3801. Mr. Clerk. Amendment #2, Representative Reboletti."

"Shh. Ladies and Gentlemen, the Gentleman is presenting his Amendment. Need to bring that voice level down, please. Representative Reboletti."