Illinois House Floor Debate — March 15, 2013

"All Members shall be in their seats. We shall be led in prayer today by Pastor Doug Ward, who is with the Mundelein Church of Nazarene in Mundelein, Illinois. Pastor Ward is the guest of Representative Sente. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and rise for the invocation and the Pledge of Allegiance."

"We shall be let… we shall be led in the Pledge of Allegiance today by Representative Willis."

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

"Thank you, Speaker. Please let the record reflect the excused absences of Representatives Bradley, Jones, Soto and Zalewski."

"Representative Bost."

"Mr. Clerk, please take the roll. On a vote of 111… not a vote. On 111 present, we have a quorum today. Mr. Clerk."

"Representative Harris." Harris, G.: "Rise for point of personal privilege, Mr. Speaker."

"Please state your point." Harris, G.: "And there were remarks reported the other day about folks wanting to weasel their way into acceptability. So, I just wanted to inform the Body today of some facts about the North American weasel. Weasels come in two types, 09800030.doc 4  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 the long-tailed and the short-tailed. The weasel eats half of its body weight each day in food. They are fearless hunters, small in stature, but powerful for their size, and often confront animals bigger than theirself. Thank you, Ladies and Gentlemen."

Speaker Turner: "Thank you, Representative. Members, we're going to start on page 16 of the Calendar, Bills on Third Reading. First is House Bill 1462, Representative Sente. Mr. Clerk."

"Representative Sente."

"Thank you, Mr. Chairman. House Bill 1462 requires that the Capital Development Board update the Illinois Accessibility Code no later than January 1, 2016, utilizing the 2012 updated federal ADA guidelines as a model, and determine where Illinois will choose to mirror the ADA, and where we wish to be more stringent. The goal of the Bill is to create a more unified accessibility guidelines for new construction and alterations of public facilities and multistory housing units. I have spoken with the CDB and the AG's Office. They are in agreement with the Bill. And I'm not aware of any opposition."

"Representative Bost.”

"Did you want me to repeat what I said or just…"

"Okay."

"Well, so this is a Bill that asks the Capital Development Board to update Illinois's accessibility standards which have not been updated since 1997. The federal guidelines have been updated. The process originally stated in 2004 was made… published in 2010, took a long time, and now was adopted in 2012. What we do in Illinois is we want to remain… we want to look at the federal standards but have the option to either adopt each Section of the Code or maybe have some part that is more stringent in Illinois Code. So, my Bill asks the Capital Development Board to get on that process and… and it gives them an end date."

"You're welcome."

"Seeing no further… Representative Sente to close."

"I ask for your 'aye' vote."

"Seeing no further debate, the question is, ‘Shall House Bill 1462 pass?’ All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Arroyo. Representative Golar. Clerk, please take the record. On a 09800030.doc 6  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 vote of 110 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1462, having received the Constitutional Majority, is hereby declared passed. House Bill 1462… Excuse me. House Bill 1522, Representative Fortner. Clerk."

"Representative Fortner."

"Representative Senger."

"The Sponsor yields."

"Representative Fortner to close."

"The question is, ‘Shall House Bill 1522 pass?’ All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative D'Amico. Clerk, please take the record. On a vote of 79 voting 'yes', 31 voting 'no', 0 voting 'present', House Bill 1522, having received the Constitutional Majority, is hereby declared passed. House Bill 1538, Representative Golar. Mr. Clerk, please read the Bill."

Speaker Turner: "Out of the record. House Bill 1548, Representative Bost. Mr. Clerk, please read the Bill." 09800030.doc 8  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Representative Bost."

"Representative Ford."

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

"The Sponsor yields."

"Representative, could you tell me why you think this Bill is important for Illinois?"

"And so, you think that it's good to give people a second chance?"

"And only people that have been to the service should be afforded the opportunity of a second chance?"

"All right."

"All right."

"And do you think that people could serve this country even if they're not a part of a military? That they make contributions…"

"…to our country?"

"And so that we should really look at affording the opportunity for people to bring their lives to full…"

"All right. And so, I'm happy that you are a part of the restorative justice process. And I look forward to you continuing your efforts to bring people to wholeness in society so that we can restore justice in Illinois. I'm very happy to be a Chief cosponsor of your Bill. And I look forward to the return opportunities to work with you on other legislation so that we could afford opportunities to more people in Illinois so that we can reduce the amount of money that we spend on incarceration in the State of Illinois and divert that money into education and making Illinois a better state for all of us whether we're in the north or whether we're in the south. Can we get a commitment to work together?"

"Thank you. Mr. Speaker, I stand in strong support of this measure. And I really respect Representative Bost for bringing this measure forward and being willing to allow 09800030.doc 11  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 more people an opportunity to restore their life to full restorative justice on terms. Thank you."

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

"Sponsor yields." Davis, W.: "So, after hearing your explanation, Representative, I guess this is my first question. Is the military the only way to show that you have turned your life around?"

"…do anything that you disagree with. We're not going to do anything that you disagree with, but why not add more to this, make it better?"

"Representative Kay."

"Sponsor yields."

"Representative Reboletti." 09800030.doc 19  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Representative Flowers."

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

"He indicates that he will."

"Representative, what is a Class III and a Class IV?" 09800030.doc 20  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"So…"

"And… and so, I… I think you… that was going to be my next question because I didn't think if you had any type of felon…”

“…can you go to college, can you be able to go into the Army, you know, I didn't think you could do any of those things…"

"…as a… as a felon."

"So, the military has a waiver…"

"…for people for with Class III and Class IV felons."

"Now, let me ask you another question. It… could a Class III or a Class IV felon be someone with a speeding ticket as well?"

"Can someone with a Class III or Class IV felon be someone with a speeding ticket?"

"Well, I would beg the difference. I… what… what classifies a speeding ticket because there are some felons… some speeding tickets that you can be charged as a felon."

"Well, my point is, I agree with the previous speakers. You know, everyone… and as everyone should have the opportunity to be made whole. We all have made mistakes. And so, I think what we're doing now, we're seeing the errors of our ways and how we've destroyed so many people's lives. For instance, like with these felons that we're talking about today, some people cannot go to college, some people cannot live at home with their wives, their sons and daughters because they're an ex-felon. We need to review all of these things. Some people cannot get TANF in order to pay their child support. Some people cannot get TANF in order to get moneys to go back and forth 09800030.doc 22  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 to go to their jobs or either to look for a job because they are a felon. And all they want to do is restore their lives as well. And… and so, my point to you, you're saying that the Army, in your opinion, because that’s your experience, is the… is the height of showing that you have restored yourself because you made a commitment to your country. Well, there's other people who have made a commitment to be better to their country as well as their… themselves and as a result they, too, would like to have a second chance. So, I would appreciate, moving forward, that we could take into consideration that there's other people out there that want to do the same thing who happened not to have been able to go to the Army for health reasons or other personal reasons, but they, too, would like to have their lives restored. And I would like to join with you, Sir, in supporting… and I ask everyone to support House Bill 1548 because I am for restorative justice for everybody. And thank you very much…"

"…for bringing this great Bill forward. Thank you."

"Members, can we please bring the noise level down in the chamber? It's very hard for others to hear during the debate. Thank you. Representative Jefferson."

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

"Sponsor yields."

"I just want to commend you on your Bill. I think this is a great start. As a veteran we… we certainly need opportunities. We are fighting, risking our lives, making 09800030.doc 23  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 sure that our country is safe that we're safe here in Illinois. But it needs to go further than that. This is a good start. We’ve got people out here every day commit crimes that they otherwise wouldn't commit that we would give them an opportunity to become productive citizens. We need to get a Bill, and I'm asking you, would you be willing to support a Bill in the future that gave those individuals a break also? Something like this. You know, it’s… I… I would go out the limb… go out on the limb to say, there's not a one in this Legislative Body that hasn't committed a crime, a mistake… a mistake, not necessarily a crime that has not committed a mistake and got a second chance. And that's what we need to start doing with these convicted felons, the people that have committed smaller crimes, we need to give them a chance to come back into the system so that they can become second class citizens. Would you be willing to support a Bill such as that, Representative?"

"Would you be willing to support a Bill that gives ex-felons an opportunity to become productive citizens?"

"Absolutely." 09800030.doc 24  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Yeah."

"But we've got people out here today that are remorseful. People that want to get back into the system, want to become productive citizens, but we’ve got that strangulation hold on them that won't allow them to do that. So, as a result, they go back to the only thing that they know how to do is breaking and entering and all the other things that get them back into the same situation. Our recidivism rates are through the ceiling. We need to do something to address that. So, hopefully when we pass this Bill, if we could look at a bigger picture, a bigger Bill, that's going to incorporate a lot of those individuals, I'd be happy to work with you on that. Thank you."

"Representative Bost to close."

"The question is, ‘Shall House Bill 1548 pass?’ All in favor vote 'aye'; all opposed vote 'nay'. The voting 09800030.doc 25  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 is open. Have all voted who wish? Have all voted who wish? Representative Arroyo, Burke, Dunkin. Representative Flowers. Clerk, please take the record. On a vote of 67 voting 'yes', 41 voting 'no', 3 voting 'present', House Bill 1548, having received a Constitutional Majority, is hereby declared passed. Representative Mitchell. Representative Bill Mitchell." Mitchell, B.: "Thank you, Mr. Speaker. Point of personal privilege."

"Please state your point, Sir." Mitchell, B.: "Yeah. Yesterday, the unemployment statistics were announced for the State of Illinois. It was a sad day in Macon County because Macon County now has 14 percent unemployment. Ladies and Gentlemen of this House, would you listen? Fourteen percent unemployment in my hometown… in my home communities and yet, this Body… this Body that's been controlled by the Chicago Democrats for 10 years, you've got the Governor's Office, you've got the House, you've got the Senate, and we're losing hundreds of jobs in just my relatively small county. Representative Dwight Kay has a jobs package, you're not calling it. Very bad. The State of Illinois, we've wasted our time on this floor for the last two months instead of talking about real people who are hurting. They can't find a job. And if they find a job, it's not full-time. We have high debt, we have high deficit, and we have regulations galore. My community has the highest unemployment, 14 percent. This Body needs to start… stop wasting time and address the real problems, the real problems facing working families. Thank you." 09800030.doc 26  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Mr. Clerk, what is the status of House Bill 1709?"

"Please return that Bill to the Order of Second Reading. House Bill 2232, Representative Tryon. Mr. Clerk, please read the Bill."

"Representative Tryon."

"Seeing no debate, the question is, ‘Shall House Bill 2232 pass?’ All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Smith. Clerk, please take the record. On a count of 111 voting 'yes', 0 09800030.doc 27  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 voting 'nay', 0 voting 'present', House Bill 2232, having received the Constitutional Majority, is hereby declared passed. House Bill 2239, Representative Mitchell. Mr. Clerk, please read the Bill."

"Representative Christian Mitchell." Mitchell, C.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a pretty simple Bill. It's an equity issue. Currently, the Forest Preserve District of Cook County is not able to acquire land through easement but can only require through fee simple, which is the simple acquisition… Indeed, this is my first Bill… it can only acquire through fee simple. This allows the forest preserve district to do so through easement. I welcome any questions."

"Representative Lang."

"And the fun begins. Will the Sponsor yield?"

"He indicates that he will." Mitchell, C.: “Yield.”

"Representative, you indicated… lovely. You indicated… you do know that your face is on the Internet all over the world, Sir, right?" Mitchell, C.: "I am aware of that, Sir."

"You want to hold that on? Thank you. So, you indicated this was a simple Bill." Mitchell, C.: "Yes, Sir, I said that."

"Is that… is that to say that that’s the only kind of Bill you can handle?" 09800030.doc 28  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 Mitchell, C.: "Excuse me, Sir?"

"Is that to say that you took this Bill 'cause it was simple?" Mitchell, C.: "No, Sir. I took this Bill because it's an equity issue. I want the Forest Preserve of Cook County to have the same rights as the other forest preserves in the state."

"Well, I noticed that… this involves fee simple. Is that where you got the term simple? It's kind of confusing to those nonlawyers. You say it's a simple Bill, and you talk about fee simple. Can you tell us what fee simple is?" Mitchell, C.: "Absolutely. It just means that the forest preserve district has to have unqualified ownership of the property through transferring of a… through giving of a fee as opposed to easement which allows a mutually beneficial agreement with the property owner. So, indeed, I did get simple from that term. It was a poorly chosen pun I'm beginning to realize."

"So, we do the jokes around here, Sir, not you." Mitchell, C.: "Thank you, Sir."

"So…" Mitchell, C.: "I beg the forgiveness of the Body."

"So… yeah, don't… don't try that joke thing; it doesn't work. So, I noticed that when I asked you what a fee simple was you read it off your computer. Can't you just tell us in English ‘cause… Are you a lawyer?" Mitchell, C.: "No, Sir. I'm not."

"Well, good. So, maybe you can explain to us in language that we can understand what a fee simple is." 09800030.doc 29  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 Mitchell, C.: "It's…"

"No. Don't… don't read it again, Sir." Mitchell, C.: "I… I got it. It's a payment. Literally, the forest preserve makes a payment to a private property owner to acquire the land."

"Well, now I'm more confused than I was before. What's an easement?" Mitchell, C.: "So, an easement, it… you can think of it a little bit like a lease, effectively, it's a mutually beneficial agreement with a private property owner for use of the land. There's a conservation easement, which does it for purposes of conservation, water quality, or a simple easement which is just use."

"Again, simple. A simple easement. So, now, I've used simple three times in this very simple Bill. Can you give us an example of an easement?" Mitchell, C.: "So, for example, there's a private property owner near the forest preserve district who has… they own a parking lot and the property value of the parking lot's high. They don't want to sell it outright, but they can get an income tax credit in exchange for letting the forest preserve district use it, you know, a couple days a year or year-round, whatever it is. They enter into an easement agreement that's beneficial for both sides."

"And what will the Cook County Forest Preserve District do if you are successful in passing this Bill?" Mitchell, C.: "You would have to ask them what specific uses they have. It's my understanding they have several owners lined up to do easements with right now. I'm not aware of 09800030.doc 30  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 the nature of those agreements, but it would allow them to acquire more land up to their statutory limit of 75 thousand acres."

"So, let me get this straight. You come to the House Floor on your first Bill, you say it's simple. But I ask you what the Cook County Forest Preserve District's going to do if you pass this very simple Bill, and you don't know. Do you, Sir?" Mitchell, C.: "I… I don't know in terms of exact agreements with property owners. I do know the goal is to create more open space for the people of Cook County."

"So, is… do I understand that downstate forest preserve districts already have what you're trying to do for Cook County?" Mitchell, C.: "That's correct, Leader Lang."

"So, are you trying to create warfare between Cook County and the rest of the state here, today?" Mitchell, C.: "No, Sir. I'm trying to create equity with Cook County and the rest of the state."

"So, I noticed you do have some downstate folks, non-Cook County folks who are Sponsors of the Bill. Do they understand that you're trying to create warfare between Cook County and their counties?" Mitchell, C.: "I'm not sure they call it warfare. I think… I think we're trying to create peace and harmony here, Sir."

"This is a peace and harmony Bill?" Mitchell, C.: "I… I would say it has the affect of creating more peace and harmony, yes, Sir, through an easement." 09800030.doc 31  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"So, you would call this a simple peace and harmony Bill?" Mitchell, C.: "I'm beginning to think that that… that might be… a good characterization, but I defer to the Leader on that."

"Well, I think you handled these questions well, but my guess is there are other questions coming that'll be not quite so simple. Thank you, Sir." Mitchell, C.: "Thank you, Leader."

"Representative Dunkin."

"Representative… Mitchell. How are you?" Mitchell, C.: "I'm… I'm doing well, Mr. Chairman. How are you?"

"You know, you like a particular cartoon character with that hat on." Mitchell, C.: "Okay."

"Back when I was a little kid, a thousand years ago, he hung out in the forest too. I'm going to be nice. Can you repeat… I was talking to other folk, can you give me sort of a glimpse of this legislation and how it is that Cook County is going to be impacted by it as way to this fee simple?" Mitchell, C.: "Absolutely. So, at the moment, the Cook County Forest Preserve District can only acquire land through fee simple. This would allow them to acquire land by easement. This is important because we are a landlock district that is surrounded by private property. So, in order to enter into mutually beneficial agreements with property owners, they need the ability to do easements. This would allow them to do that and create more open space in Cook County." 09800030.doc 32  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"In Cook County. So, why not Pike County or Sangamon County or Winnebago County. Why can't we include them in this legislation?" Mitchell, C.: "So, all other forest preserve districts in the State of Illinois, currently, have the ability to do this, Mr. Chairman."

"Really? Is there a way that you could put the red jacket back on? I mean really extenuates your… your color and compliments the hat. I like… I support… I tend to support fashion forward Legislators. So, do you mind?" Mitchell, C.: "I appreciate it, Sir. I would defer to Dean of Pledges, Linda Chapa LaVia, on that matter. I will let her make the decision."

"Where's the Dean of… Where's our Chapa LaVia? Is she working today? Oh, there she is. All right. Chapa, can you grace him with his cape? Just one more time, Dean. Okay. So, I noticed you have a number of Sponsors here." Mitchell, C.: "Yes, Sir."

"And what I don't see are non-Cook County Legislators. What gives? You don't like other colleagues here? We love you." Mitchell, C.: "Are you not from Cook County, Sir? I… I'm not understanding."

"Well, am I even on here? I'm not on here. I'm trying to figure out why some of my other colleagues from… from again, Pike County…" Mitchell, C.: "Aren't you on here?"

"…and Jasper County and Effingham, why aren't they on the Bill, Representative?" 09800030.doc 33  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 Mitchell, C.: "Well, I am… I would love to have additional Sponsors. I tried to get as many folks as I could."

"Well, did you… did you ask Reboletti over here? What about Mike Bost or Carol Sente?" Mitchell, C.: "I did speak to some of my friends on the other side of the aisle. They said they were going to review the Bill. So, I look forward to having their support, here, on the floor."

"So, you discriminated against non-Cook County Legislators, but yet, you expect this Bill to pass? Really?" Mitchell, C.: "I wouldn't call it discrimination. I did go over and speak to Mr. Bost and Mr. Reboletti. As I said, I hope to have their support for this Bill on the floor, as well as, the support of the Body."

"But they didn't… they didn't give you an affirm… an affirmation of… of this legislation being supported, right?" Mitchell, C.: "I… Repeat your question, Mr. Chairman, I didn't hear you."

"They didn't… they didn't affirm support for this Bill, correct?" Mitchell, C.: "That's… that's correct."

"So, you know this Bill is expected to die, right?" Mitchell, C.: "I… I'm an optimist, an eternal optimist, Sir, so I… that was not my perspective."

"Well, I don't think so. If you have no other folk on this Bill except Cook County folk, I mean, how do you expect to get things done down here?" 09800030.doc 34  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 Mitchell, C.: "I'm not sure that’s… I don't have the cosponsors in front of me. I'm not sure that's an accurate portrayal of my cosponsors."

"I think so. I've been down here a couple years. I'm telling you… Now, wait a minute, you're a smart guy. What school did you go to?" Mitchell, C.: "Excuse me."

"What school did you attend?" Mitchell, C.: "I believe we share an alma mater. I believe I went to the University of Chicago; I believe you did as well, Sir."

"I was there, yes. I was there a couple of years ago. So, you're a smart man, right?" Mitchell, C.: "That’s…"

"You consider yourself intelligent, smart guy." Mitchell, C.: "I have been told so."

"I think you are. So, I want to see Brandon Phelps on that Bill. I want to see Chuck Jefferson, Jack Franks, Representative Wheeler. Can you promise me that you'll work with them to make sure we get this done?" Mitchell, C.: "I… I look forward to having their support, Sir."

"And put the red jacket back on. If you want my support, you got to put the red jacket back on.” Mitchell, C.: "I'm pretty sure, Representative Dunkin, some of the folks you listed are already cosponsoring this Bill. And so, I'm grateful for their support and would love to add the support of anyone else who's interested."

"All right. Okay. Members, if you're name is not on the cosponsorship, please vote ‘no’. Thank you." 09800030.doc 35  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Representative Reboletti."

"Sponsor yiel…"

"State your inquiry, please."

"Not going to happen, Representative."

"Sponsor yields."

"Members, can we keep the noise level down, so that Representative Mitchell can handle his first Bill. Thank you."

"Representative Moffitt."

"He yields."

"Representative Jefferson."

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

"Sponsor yields."

"Congratulations on your first Bill, I think. This expands the forest preserve in Cook County. Is that correct?" Mitchell, C.: "It allows them to do so, Sir."

"So, using eminent domain sometimes you can go in and take land that you need to expand on these forest preserve districts?" 09800030.doc 41  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 Mitchell, C.: "There are specific… there's specific language in here preventing the use of eminent domain or condemnation. So, no, Sir, not by those mechanisms."

"So, when you create these additional forest preserves, do they have wild animals in them?" Mitchell, C.: "I'm not sure of the specific nature of individual parcels. I would imagine that's probably not an objective, but you'd have to ask the forest preserve district."

"Well, I know in Rockford, when we’ve got too many deer that’s infested in the forest preserves, we'll allow people to go in and hunt, and clean… and sort of clear them out a little bit. Are you going to be able to do that with your forest preserve districts?" Mitchell, C.: "You'd have to… you'd have to consult the… the Code to figure out exactly what the rules are for hunting in individual parcels. I'm not familiar with them. But I'd imagine insofar as it's legal in the district now it would be legal there as well, pending agreement with the property owner."

"So, if… if I'm visiting this forest preserve and I happen to have my FOID card, Representative Phelps, and happen to be carrying my shotgun, and I see a wild boar in the forest preserve, am I allowed to hunt that wild boar?" Mitchell, C.: "I… I imagine you would have to comply with all existing regulations in the forest preserve district of Cook County, which I'm not familiar with."

"Well, you know, if you see a wild boar and you envision ham hocks and chitlins and all the other things 09800030.doc 42  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 that come with that wild boar, you're tempted to shoot him. Is there any consequences after the fact?" Mitchell, C.: "I'm not… I'm not familiar with that regulation at this time. This Bill only deals with the acquisition of land by easement."

"So, if I went in there and did that, there's probably going to be consequences?" Mitchell, C.: "I… I would imagine so, Sir, but I'm only using my imagination not reference to the Cook County Forest Preserve Code."

"Well, you know, if I can't go in there and hunt, you know, times are getting pretty difficult right now, jobs are short, food’s short, money short, and I got a chance to… to get me a wild boar that's going to probably get me meat for the next two weeks, next month, and you say I can't do that, I don't know. I'm not going to support this Bill. Thank you, Representative." Mitchell, C.: "Thank you, Sir."

"Representative Brown."

Speaker Turner: "There's a Motion to move the previous question. All those in favor say 'yes'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the question is put. Representative Mitchell to close." Mitchell, C.: "Thank you, Mr. Speaker and thank you Members of the House. I urge an 'aye' vote. This just brings parity to the Forest Preserve District to acquire land. And thank you for the experience." 09800030.doc 43  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"The question is, ‘Shall House Bill 2239 pass?’ All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Representative DeLuca. Clerk, please take the record. On a vote of 109 voting 'yes', 1 voting 'nay', 0 voting 'present', House Bill 2239, having received the Constitutional Majority, is hereby declared passed. Representative Reboletti."

"I think Representative DeLuca's all right with it."

"It might have been a technical malfunction on this end. But he said…"

"The… the electronics, the electronics."

"Representative DeLuca."

"Mr. Speaker, I was in a meeting at the rear of the chamber. I heard my name used in debate. Did something take place here on the floor?" 09800030.doc 44  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Ask your seatmate about that one."

"There seemed to be a malfunction with my switch. That's what I'm being told. So on… what was the Bill number?"

"2239, Representative."

"Okay. I would like to be recorded as a 'yes'. Thank you."

"The record shall reflect your request. Thank you. House Bill 2245, Representative Chapa LaVia. Mr. Clerk, please read the Bill."

"Representative Chapa LaVia."

"Thank you, Speaker and Members of the General Assembly. This Bill was a cleanup Bill from last Session. We passed a piece of legislation for Representative Jerry Mitchell, who's no longer here, but it was agreed upon. The Bill… the number… Amendment #1 becomes the underlying language and it remains the same. And what it does is it provides… requires training with a one year of employment instead of upon employment. It adds effective date of July 1, 2004. But what it does there's free training that's involved, but each teacher is trained how to look for abuse and neglect in reporting… in the Child Reporting Act. What we found in its initiative, the IFT… what we had found is that a large percentage of children nowadays, in the State of Illinois, go through some type of child abuse, but it's not… it's not dix… detected by the teachers because the 09800030.doc 45  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 training isn't… is far and few between. So, it's agreed upon Bill. There's no opposition. I'll take any questions."

"Representative Flowers."

"Thank you, Mr. Speaker. I, too, would like to report a malfunction with my button because on Representative Bost's Bill that he has made me Chief Sponsor of, one of the Co-chief Sponsors, I would like to be recorded as voting 'yes' on House Bill 1548. Thank you very much."

Speaker Turner: "The record will reflect your request, Representative. Seeing no debate on House Bill 2245, Representative Chapa LaVia to close."

"Thank you, Speaker and Members of the General Assembly. If I could just have a ‘yes’ vote on this. Also, I stand corrected. School Management Alliance is still unopposed to it, but they understand why we are doing it. Thank you."

"The question is, ‘Shall House Bill 2245 pass?’ All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Mr. Clerk, please take the record. On a vote of 110 voting 'yes', 1 voting 'no', 0 voting 'present', House Bill 2245, having received the Constitutional Majority, is hereby declared passed."

"House Bill 2327, Representative Riley. Clerk, please read the Bill. Mr. Clerk, what is the status of this Bill?"

"Representative Riley." 09800030.doc 46  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Thank you, Mr. Speaker. House Amendment #1 just essentially adds some cleanup language to the underlying Bill. And… and what it does is it clarifies that the defendants won't be charged… they won't be charged excessive fees. This Amendment puts caps on the fees that can be charged. That's what House Amendment #1 does. And I'd like for it to be adopted."

"Mr. Clerk, please return this Bill to the Order of Second Reading. The Gentleman has moved for the adoption of the Amendment. All those in favor will say 'yes'; all those opposed will say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Third Reading. Representative Riley."

"Thank you, Mr. Speaker. House Bill 2327… House Bill 2327…"

"Excuse me, Representative. I'm sorry."

"Am I… am I… May I proceed, Mr. Speaker?"

"No, Sir. Representative Sacia."

"Please state your point, Sir."

"Yes, Sir."

Speaker Turner: "Welcome to your Capitol. Representative Franks. Representative Jack Franks."

"Thank you. Are we on the Bill? I'm not sure. We're not on the Bill. I wanted to debate the Bill. I'll sit down now. Thank you."

Speaker Turner: "No, Sir. House Bill 2353, Representative Cloonen. Mr. Clerk, please read the Bill."

"Representative Cloonen."

"Yes, Speaker, thank you and thank you Members of the chamber. This Bill is a Bill that gives in-state tuition for veterans. It allows them to have in-state tuition after they've come back even if they've served somewhere else. And so, all of the 9 universities and the 49 community colleges are behind it, the Military Veterans’ Affairs, and the Department of Veterans’ Affairs are in support of this Bill. So, I have 35 already cosponsors and I would urge the other 25 to help sponsor this Bill and pass it."

"Representative Bost."

"Sponsor yields."

"No, it is not. It's simply in-state tuition." 09800030.doc 48  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"It is so that the veterans can get in-state tuition instead of out-of-state tuition even though they’ve been serving out of state."

"It is."

"I understand there are some in-state waivers. This allows for all veterans. All veterans of the post-9/11."

"Who are already using that… who are already using a 9… post-9/11 education assistance to go to school."

"They are proponents. Almost all of them are proponents."

"The community colleges are no position, but there are no opponents."

"That is correct."

"You would have to understand that they would live here. They would probably work here. And they would give their taxes to the State of Illinois."

"There are none."

"We don't have a reciprocity with any of the other states in this legislation."

"I understand that…"

"Yes. I have not asked the other 49 states if they have this in theirs. But what this does, by allowing the in-state tuition, if someone from out-of-state is attending, they are using up those benefits at a vast rate, and this allows them in-state tuition."

"I'm not nervous. I'm ready for your questions."

"Good."

"I have been a farmer. I've been a teacher. And I'm a business owner."

"I taught music."

"Pardon me?"

"I have met Brandon. I'm a cosponsor on his Bill."

"I do sing."

"I'm sorry. I couldn't understand the question."

"No. I have not."

"That's good."

"Wonderful."

"Are you asking me to sing?"

"What would you like to hear, Sir?"

"Would you like to all rise and sing the National Anthem?"

"Let's do it."

"Please remove your hat."

"Please join with me.” Cloonen & Bost: Sing The Star-Spangled Banner.

"Representative Pritchard."

"Sponsor yields."

"This came from a constituent."

"I… when I was walking door to door."

"I understand that there are Bills very similar to this. Mine is tighter and cleaner in the fact that it is…"

"…only post-9/11."

"Sir, I understand I did…" 09800030.doc 52  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"I do believe I have the best idea."

"It does not add to the cost if someone were from out- of-state paying out-of-state tuition; it would have in- state tuition. But however, they are all proponents."

"Because Illinois is the greatest state there is."

"Yes."

"It is (sings),'By thy rivers gently flowing.' That is the Illinois State Song."

“(sings)'By thy rivers gently flowing, Illinois, Illinois. O’er thy prairies verdant growing, Illinois, Illinois.' Those are the words."

"I did that."

"Representative Lang."

"Will the Sponsor yield?"

"Yes."

"Apparently, she'll do anything you ask."

"So, Representative, the singing was phenomenal. I heard you play the piano the other night…"

"Yes."

"…at a particular establishment in town. Do you think your Bill would be better if you hadn't been playing the piano and instead had studied your Bill?"

"I did study my Bill, Sir. I did the piano after hours."

"There are no after hours here. This is a 24/7 kind of group, right?"

"Yes, Sir. You are correct, Sir."

"Well, I think you're very, very talented, but I'm still voting ‘no’."

"That is your prerogative."

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

"She indicates that she will." Davis, W.: "Since she appears to be willing to display her musical talents, I guess, in addition to her legislative skills, I just wants to know… I just want to know, does she know any R&B?"

"I could do that. It would not be proper on the floor of the State of Illinois." Davis, W.: "Not… not proper?" 09800030.doc 54  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Well, we would have… we could do it at a different time." Davis, W.: "Okay. You know what, I'll just… I'll just have to… so… so, you'll let us know when it's… you'll invite us out, give us invitations. You know, are you… are you just going to have… why don't we just ask her to have a concert. She shouldn't do a concert. She'd…"

"No, I would invite you to the COWL concert. The COWL show." Davis, W.: "Are you… are you going to do R&B there?"

"We will do something." Davis, W.: "You'll do something."

"Yes." Davis, W.: "Okay, I'm… you know…"

"I would invite you to join me." Davis, W.: "Well, Representative, I certainly hope that you understand in this place your word is very golden here."

"I understand." Davis, W.: "So, if you agree to do R&B at COWL, then I expect R&B at COWL."

"Yes, Sir." Davis, W.: "Someone suggested that you do a duet with Chad Hays, but somehow or another I don't really think that that would be appropriate. So, can we count on you to do R&B at COWL?"

"You have to ask the director. If the director of COWL agrees, I will do it." Davis, W.: "She's the producer. I don't know who the director is. Anyway… anyway, I won't belabor… belabor the point, but 09800030.doc 55  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 you know, since you be so inclined to sing and what have you, I just want you to do some R&B; something that I can relate to a little bit better."

"Yes, Sir." Davis, W.: "Okay. Thanks."

"I'd be happy to, Sir." Davis, W.: "Thank you very much."

"Representative Bellock."

"No, they do not. If…"

"…they want to come from another state, they can. This will give… this will give in-state tuition to those veterans using the post-9/11 educational benefits to have in-state tuition even if they are from another state."

"For most of… for most of the people, they were residents before, and then due to their being serving out- of-state, they were deemed out-of-state residents and now they will be deemed in-state. But this does, to answer your question, it could give someone who served out-of-state… who lived out-of-state in-state tuition."

"Representative Cloonen to close."

"Just to… just to explain, one moment, Sir. If someone were at the Scott Air Force Base or something like that, 09800030.doc 56  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 they came back to Illinois, that would give them in-state tuition. And in closing, I would like to say, I would appreciate your support on this Bill. And I did try to ask as many veterans as I could on this Bill. I would appreciate your support. And thank you very much."

"The question is. ‘Shall House Bill 2353 pass?’ All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Clerk, please take the record. On a vote of 109 voting 'yes', 2 voting 'no', 0 voting 'present', House Bill 2353, having received a favorable majority, is hereby declared passed. Representative Sacia."

"Thank you, Representative. House Bill 2360, Kelly Burke. Mr. Clerk, please read the roll."

"Representative Kelly Burke." Burke, K.: "Thank you, Mr. Speaker. House Bill 2360 adds language to the Forcible Entry and Detainer Act to clarify that in the instance of a condominium or homeowners association filing a complaint against an owner for nonpayment of assessments, the owner may not raise, as an affirmative defense, the alleged failure of the association to maintain the common elements. The need for clarification arises due to a recent Second District Appellate Court case in which the court applied landlord-tenant law to the owner 09800030.doc 57  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 association relationship and allowed an owner to raise that defense. Allowing this defense opens the door for owners to withhold their assessments when they are dissatisfied with the association. The Second District’s opinion creates a situation where and associations will have an even more difficult time collecting the assessments that fund all of the association's operations, including payment of taxes, utilities, garbage disposal, landscaping, et cetera. If the amount of funds available for these functions decline, the associations will be without the ability to pay for them, leading to dilapidated properties that lose market value. The duty of an owner to pay assessments is an independent covenant and is set forth in the bylaws and declarations. The obligation is not contingent upon the board carrying out a subjective level of maintenance. Owners have other remedies to address issues that arise relative to maintenance of the property. House Bill 2640 does not deprive an owner of a remedy, but rather it will close a procedural right to raise a defense in an action brought by the association under the Forcible Entry and Detainer Act. I know of no opposition. And I ask for a 'yes' vote."

"Representative Thapedi."

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

"Sponsor yields."

"Representative, you said that the basis of this Bill is in response to the Appellate Court decision by the Second District, Spanish Court Two Condominium Association v. Carlson. Is that correct?" Burke, K.: "Yes." 09800030.doc 58  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"And you also indicated that in that scenario that the unit owner was dissatisfied. Is that what you said?" Burke, K.: "The unit owner raised, as an affirmative defense, the fact that the condo association had not made repair of some common elements."

"Correct. So, it was more than just being dissatisfied, is that there was actually a problem with that particular unit owner's unit, and that was the basis of her filing a counterclaim and affirmative defenses to the forcible entry and detainer action." Burke, K.: "Right."

"Isn't that correct?" Burke, K.: "She… she alleged failure to maintain. Yes."

"Okay. Now, the latest opinion after some modifications and the denial of rehearing, is dated… is dated November 9, 2012, correct?" Burke, K.: "Yes."

"And Justice Birkett from DuPage County wrote the opinion. And there was no dissent meaning that it was 3-0 decision, correct?" Burke, K.: "Correct."

"Now, this was also a case of first impression, true?" Burke, K.: "Yes."

"Okay. And it's currently set to be heard by the Illinois Supreme Court, is that right?"

"And what is the standing in the court now and when do you expect the Illinois Supreme Court to rule on this decision?" 09800030.doc 59  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 Burke, K.: "I don't have a date on that, Representative."

"Okay. The association was and is represented by the law firm of Kovitz Shifrin, correct?" Burke, K.: "I believe that was the Appellate counsel, yes."

"Okay. And they're also appealing to the Supreme Court as well, correct?" Burke, K.: "I will take your word for it."

"Okay. And they… and they also handled the trial as well, correct?" Burke, K.: "I will take your word for it."

"Okay. Now, essentially the case involved a condominium association and a unit owner, correct?" Burke, K.: "Yes."

"And then the condominium association filed suit against the unit owner for unpaid monthly assessments, special assessments, late charges, and attorneys' fees, correct?" Burke, K.: "Yes."

"So, this law firm, Kovitz Shifrin, was attempting to extract attorneys' fees from the unit owner, correct?" Burke, K.: "If they included that in their pleadings, then yes."

"Okay. So, as long as the case continued and the parties duked it out, even ‘til this day while we're still litigating up to the Supreme Court, the unit owner, if she loses will have to pay whatever the law firm of Kovitz Shifrin says its attorneys' fees are, correct?" Burke, K.: "For the appeal and the Supreme Court case as well, is that what you're asking me?" 09800030.doc 60  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Yes. From… from the trial court to the Appellate Court to the Supreme Court, the law firm of Kovitz Shifrin would be able to recover, from that particular unit owner, all of its attorneys' fees under the Condominium Property Act and because they initiated a forcible entry detainer action, correct?" Burke, K.: "Correct."

"I… I didn't hear the answer." Burke, K.: "Correct."

"Okay. Now, at the time that the lawsuit was filed, the association represented by the Kovitz firm was only suing for $2,143.83, correct?" Burke, K.: "That sounds about right."

"Okay. And the association's complaint was a two-count complaint. Count one was under the Forcible Entry Detainer Act, and count two was alleged breach of contract, correct?" Burke, K.: "Yes."

"And then, in response, the owner filed an answer, a counterclaim, and affirmative defenses stating that she did not owe the assessments because the association did not maintain the roof and the brick work of the building which in turn allowed water to leak into her unit causing 6 thousand to 10 thousand dollars' worth of damage, correct?" Burke, K.: "Those are the allegations, yes."

"Okay. And then the trial court struck the affirmative defenses and severed the counterclaim, correct?" Burke, K.: "Yes."

"And at trial, the association won, true?" 09800030.doc 61  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 Burke, K.: "Yes."

"Okay. So, then we got to the appeal and on appeal the issue before the court was whether an enforceable action, brought by a condominium association, against the unit owner for failure to pay assessments a ‘unit owner may claim as a defense that his or her responsibility for assessments was diminished or nullified by the failure of the boards to maintain the common elements of the property as required in the condominium instrument’. Isn't that correct?" Burke, K.: "That's what the opinion stated, yes."

"Okay. And then the court ultimately held two things. First, consistent with Jack Spring, the Supreme Court decision in 1972, and the implied warranty of habitability that an owner may, in fact, claim neglect as the defense to the boards suit under the Act, correct?" Burke, K.: "Yes, applying landlord tenant law to this same… to this relationship."

"Excellent. And then, the court also held that the unit owner may not counterclaim under the Forcible Entry and Detainer Act for damages cost to her unit or her personal property other than neglect to the common elements, isn't that correct?" Burke, K.: "Yes."

"Okay. And then, the court also held that an association has an absolute duty to repair and maintain its common elements, the funds for which are provided through the mandatory assessments paid by the unit owners, correct?" 09800030.doc 62  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 Burke, K.: "Yes."

"And the court, however, noted that every lapse by an association and its repair and maintenance of duties will not justify a unit owner in suspending payments of assessments, correct?" Burke, K.: "Correct."

"I'm sorry." Burke, K.: "Yes."

"And the court even noted that overgrown bushes, unrepaired sidewalk cracks are not material breaches of the duty to repair and maintain. Is that correct?" Burke, K.: "Correct. The court did use the term material breach."

"Okay. But according to the court, a sound roof and exterior walls are, perhaps, the most fundamental expectations of those who purchase condominium units and expend considerable sums of money each year for 'maintenance free living'. Isn't that correct?" Burke, K.: "Yes."

"And ultimately, the Appellate Court reversed and remanded the case to deal with issue of the association’s breach of its duty to repain… to repair and maintain, correct?" Burke, K.: "Correct."

"Okay. Does your Bill say that there's no longer a duty of repair and maintenance in a condominium setting?" Burke, K.: "No, it does not. It limits it to being able to raise, as an affirmative to defense to a forcible entry and 09800030.doc 63  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 detainer action, the failure to maintain by the condo association."

"And… so… in essence then, all your Bill says is that a unit owner cannot file a counterclaim or an affirmative defense in a forcible entry and detainer action brought by his or her association, instead that unit owner must bring a separate cause of action against his or her association for breach of the duty to repair and maintain the common elements. Am I correct?" Burke, K.: "Yes. Yes."

"And if the unit owner brings that new suit, not a counterclaim or any affirmative defenses, that is where he or she can get the relief of a set-off or nullification of the condominium assessments when the association breaches its duty of repair and maintenance. Correct?" Burke, K.: "That's correct."

"Thank you, Representative."

"Representative Lang."

"Thank you. Will the Sponsor yield?"

"Sponsor yields."

"Thank you. Representative, I don't think I've ever voted against one of your Bills. And I don't want to today either, but I have a… I'm concerned about this Bill a little bit. And let me ask you a question." Burke, K.: "Sure."

"Will this Bill, if it passes, set up different rules for people who live in condos relative to their association, than people who live in apartments relative to their landlord, relative to the issue of repair and maintenance?" 09800030.doc 64  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 Burke, K.: "Well, I think in the law there is a different relationship, attorney or… landlord tenant versus condo owner and condo association. So, they're two different relationships, so, yes."

"Well, they are two different relationships, but at its core, the living dwelling that a person lives in, if they live in a condo or live in an apartment, is pretty much the same kind of living arrangement, correct?" Burke, K.: "Well, I think it's a different situation in that, you, as an owner are voluntarily entering into a communal living arrangement, and you are bound by the bylaws and the declarations of that. And in addition, the condo associations are nonprofit. They collect the assessments merely to fund the operations of the common elements. And whereas a landlord-tenant relationship is a lot different, and the landlord is in it for a profit motive."

"Have you limited this Bill to situations where the owner of the condo has agreed in the declarations and bylaws to waive affirmative defenses?" Burke, K.: "That is not in this Bill. No."

"Don't you think that would make it a better Bill?" Burke, K.: "But there is an affirmative defense that would be… I paid the assessments. And so, you wouldn't want to waive all affirmative defenses."

"Well… so, if I live in an apartment and the landlord's not keeping it up, I have an affirmative defense when I don't pay my rent, correct?" Burke, K.: "Yes, you do." 09800030.doc 65  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"And if the board of directors of our condo, that I might live in, are not doing what they're supposed to do with my assessment and everybody's assessment in the building, if the roof is leaking, if the windows leak, if the plumbing's backing up, what's my recourse if… if they aren't doing what they're supposed to be doing?" Burke, K.: "Well, you have several… several courses of action you can take. One is to you… the condo association run… is run by a board of directors and obviously, your first step would be to bring that to the board of directors and try and make the change on that level, as well as, condo owners, themselves, are eligible to be on the board of directors. So… so, becoming a member of the board of directors is an avenue as well. They also can… can file a different lawsuit outside of the forcible entry and detainer action in order to… to get those… to get those changes made or to get those repairs made."

"But they would not have, if your Bill were to pass, the same rights that a tenant in a landlord tenant situation would have to just simply say, I want to get their attention. I'm not paying until they fix my sink." Burke, K.: "That is correct."

"And you believe that the public policy of that should be different because it's an ownership situation as opposed to a rental?" Burke, K.: "Representative, there's a very small minority of states who… whose condo laws mirror what the Second District was trying to do. And I think the fact that the overwhelming majority of states have for their… in the 09800030.doc 66  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 situation we're talking about, do not recognize that… that there's a duty to maintain that is contingent, you know, upon paying the… the duty to pay the assessment is contingent on the duty to maintain, I think sets forth that it’s public policy in most states to protect the communal living. Because if one person, or a group of people, decide to withhold it can be a vicious cycle. I mean, there are various reasons why repairs are not made. And sometimes the issue is that there is not enough in reserve and they're trying to do a special assessment, but it's just not… it's a long process and maybe it's taking a long time to do it. And if people withhold their assessments, well then, those basic functions are imperiled as well as the repair that needs to be made."

"Well, I'm not sure I agree with you, but I'm going to consider your answer. Thank you, Representative." Burke, K.: "Thank you."

"Representative Franks."

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

"The Sponsor yields."

"I was echoing some of the concerns of Mr. Lang. But I'm reading the Bill verbatim, and there's nothing in here about withholding the payments of the HOA fees, for instance. What this Bill says is that the failure of a condominium association to maintain, repair, replace the common elements or the common areas is not a defense to an action maintained under forcible entry, correct?" Burke, K.: "That's correct." 09800030.doc 67  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Okay. Now, I'm looking at the analysis. So, there's nothing in there about if you didn't… if you withheld because something wasn't fixed, there's nothing prohibiting you from doing that, at this point, as a protest." Burke, K.: "I think the… I don't think the law has recognized that there is that ability until this case came up and that's what I think the problem is."

"Well, here's my… here's my concern with the Bill. And Mr. Thapedi had talked about the long, legal history, and he knows… he knew all about it obviously. You don't have to put your light on, Andre', I'm not going to say anything bad. But what I don't understand is why we are inserting a legislative remedy at a time when this is going to be in front of another court. So, my question is more philosophical. Why are we not waiting for the court to do its… render its decision? Why are we changing the law before the court has had a chance to rule?" Burke, K.: "Representative, I think what the condo associations, as a whole, are looking for is some certainty. And as you know from being in the Legislature for many years, that it can be difficult once the Supreme Court has ruled to… to change a law that oftentimes people have the same argument, well, the Supreme Court spoke we don't want to… to…"

"But you're putting us…" Burke, K.: "…change what the Supreme Court said. I think it's in… it's six of one half dozen of the other."

"But you're putting us in a position now, should we vote on this and it should pass, to do just that. Because, 09800030.doc 68  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 let’s assume that this passes, then the Supreme Court rules, but this law was not in effect at the time the case started, so they would not be bound by it. And then, we would have a Supreme Court decision that could come out after this Bill passed." Burke, K.: "Mmm."

"Correct?" Burke, K.: "Yes."

"Can we just wait a year and see what happens? Why I don't know why we just don't wait to see what the Supreme Court does, and then if there's a problem that we need to fix, let's address it. But I think it's premature to do so at this point, and that's why I'm going to be voting against it. And I'd ask you to consider that point because it might be something, if you think about it, if we just hold off, let the Supreme Court do their job, and then if we disagree with them, then we can go change the law; we do that all the time. But I think we can cause more confusion if we pass your law now, and the Supreme Court goes the other way. So, I think it'd be better, ultimately, if we just sat on this for a year and come back after the Supreme Court ruled. If you do continue with it, I will urge the Body to vote ‘no’, but I'd ask you to think about possibly pulling it out of the record."

"Representative Nekritz."

"Thank you, Mr. Speaker. To the Bill. I appreciate the dialogue on this. And I do think this is a fairly close call in this matter because it is somewhat akin to a landlord-tenant situation as one of the previous speakers 09800030.doc 69  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 alluded to. But the difference to me here is that in the landlord-tenant situation there's a direct contractual relationship and the only parties that are affected by the tenant’s failure to pay are the tenant and the landlord. In a condominium situation, you have a whole host of other owners who are going to be impacted by that failure to pay and until… you know, it could be argued, I'm sure that the tenant would… that the condo owner would feel that they are justified, but… and we don't know that for sure and they might just be a… a disgruntled owner and decide that they don't want to pay. So, I think, in this instance, where there's a whole host of other owners that are impacted by a failure to pay that it's important that we protect the integrity of the com… you know, of the… of the association and… and require them to pay. I know it's an onerous deal to have to go file a separate action, and I actually have a Bill to try to deal with that, that I'd love to get passed, but haven’t been able to get the support from the Attorney General yet to do that, that could provide some mediation services in exactly these kind of situations. But again, I think it's important that we… that the association receive the money that it's entitled to to protect all the other owners that live in that condominium. I would urge an ‘aye’ vote."

"Representative Sullivan."

"Representative Thapedi."

"Thank you, Mr. Speaker. My name was used in debate and I'll be… I'll be very brief. Representative, isn't it true that under the Condominium Property Act that if a unit 09800030.doc 71  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 owner brings a lawsuit well… strike that, if a association brings a lawsuit against one of the unit owners, the unit owner is responsible for paying for the association’s attorneys' fees, correct?" Burke, K.: "Yes."

"So, either way it goes that, if you have a disgruntled unit owner, they're going to end up paying attorneys' fees one way or another either to their own attorney or potentially to the association's attorney, correct?" Burke, K.: "If they bring a suit outside of the Condominium Act…”

"Well, yes. Under your…" Burke, K.: "…the duty to repair and maintain."

"Under your Bill, and the way that I read it, is that it encourages litigation between unit owners and their associations. The associations are always going to file a lawsuit against the unit owner who doesn't pay. Isn't that correct?" Burke, K.: "So, Representative, what I would say is that there's no denying that there are often conflicts between individual unit owners and the condominium board. What I'm suggesting is that they're… and Representative Nekritz’s Bill, for the ombudsmen or having some sort of mediation, would probably be a good step. I'm just saying that the way to handle these disputes is not through the Forcible Entry and Detainer Act."

"I would agree with you wholeheartedly; however, a unit owner cannot bring an action under the Forcible… under 09800030.doc 72  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 the Forcible Entry and Detainer Act. It's the association that brings that lawsuit. So, if a unit owner is disgruntled and they say you won't make any repairs, what else can they do? Under your Bill, you're saying that the only thing that that unit owner can do is retain a lawyer and file a lawsuit against the association. That's the only way for them to get redress. Am I correct?" Burke, K.: "Other than the options of, you know, self-help let… or, not self-help, but gov… through the governance of their condo association they can do that as well."

"So, they can continue to beg the condo association to make those necessary repairs. And if the condo association is not inclined to make those repairs, what option does the unit owner have, other than to file suits?" Burke, K.: "Or to get it… garner receipt on the condo association board of directors."

"Correct. And… and the other thing that they can potentially do is they can say, listen, board of directors you won't make these necessary repairs, as a result of that I'm going to withhold my assessments because I'm sustaining severe damage to my unit. When that unit owner does that, the first thing that the association is going to do is that they are going to file suit against that unit owner for failure to pay assessments. And when they file that suit, the unit owner is responsible for paying the association’s attorneys' fees as well, correct?" Burke, K.: "Yes. So, Representative…"

"Yes? Am I correct?" 09800030.doc 73  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 Burke, K.: "…if… if… I said it's correct. But what I would suggest is if there is a better way to handle this."

"There is no better way, Representative. We’ve discovered that." Burke, K.: "Well, if… I'm willing to work with you and I think, you know, looking at what the other Bills are out there regarding ombudsmen, there can be a different way. It doesn't have to be and shouldn't be through the Forcible Entry and Detainer Act. So, recognizing that there's a problem, the solution does not lie in… in what you're suggesting and allowing people to withhold."

"Well, and again, but they can in fact withhold, but they withhold at their peril." Burke, K.: "Yes."

"And… and under this case that was correctly decided by the Second District, which I'm sure the Supremes are listening to us right now and they'll make the determination as to whether or not they got it correct, they… they discourage unit owners from filing lawsuits. They encouraged condo associations to be very cautious when they're filing lawsuits to make sure that if they in fact have a duty to repair and maintain the common elements, that they do so. They cannot use the courts as a weapon and as a club against unit owners. Mr. Speaker, To the Bill. This Bill encourages litigation between unit owners and their associations. If you protest against your association by withholding condominium assoc… condominium assessment payments, you're going to get sued. That's the bottom line. You're going to get sued. The association is going to 09800030.doc 74  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 recoup all of its attorney's fees from you. And I heard a earlier speaker talk about why are we doing this before the Supreme Court has an opportunity to rule? Well, I submit to you, Members of the General Assembly, that the reason why this particular Bill is being brought here, this morning, is because of one law firm that specializes in this type of law, who was not successful in the Appellate Court, who is more likely than not not going to be successful in the Supreme Court, they want to utilize us as a tool to try to circumvent the court process. And I urge a ‘no’ vote on this important piece of legislation."

"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I was so glad to hear Attorney Thapedi inform us as to the rights of a condominium owner will be taken away if we pass this Bill. If you own a condominium, your roof is leaking, they refuse to repair it. It creates a wall problem, they refuse to repair it. Currently, the defense you have is to withhold your condominium fees. They would be more inclined to repair these things if the condominium owner had some opportunity to take something away. So, by not paying those fees, it would encourage the condominium association to do the repairs. It would be really unjust to take away from a condominium owner his or her ability… his only defense. You're… we're saying take the defense away from them that they didn't repair this property in a year or whatever. They ignored my pleas for help. And you're saying take that defense away from them. They can't use it for a defense. How the Supreme Court will rule we do not know. But I don't 09800030.doc 75  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 think we should take away the ability of a condominium owner to show his or her protest because some repairs that were needed to keep his or her property whole were not made. I urge a ‘no’ vote."

"Representative Sandack."

"Representative Burke to close." Burke, K.: "I'd like to just refer to the previous speaker regarding any confusion that might be engendered through 09800030.doc 76  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 this. What the Supreme… if we passed this legislation, the Supreme Court’s decision will not affect it. The Supreme Court’s decision… is deciding based on the current statute. If we change the statute, that is what stands. That is what the law is. There will be no confusion. And regard to whether or not the previous… or the two speakers ago, about taking away a right, we are not taking away a right. There are only a minority of states that hold the view that you can withhold your payments in a condo situation. This is an isolated Second Amendment case, I mean, excuse me, Second Circuit case. It is not the established law. We are not taking anything away. We are foreclosing a right to use a certain defense as in a… in a very narrow situation, the forcible entry and detainer. A condo owner or a homeowner will still have the opportunity, in a different venue, to raise the claim against the condominium association. So, I think it is a Bill that protects condominium owners as a whole. And I urge a ‘yes’ vote."

"The question is, ‘Shall House Bill 2360 pass?’ All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Representative Sims. Mr. Clerk, please take the record. On a vote of 51 voting 'yes', 56 voting 'no'. Representative Burke." Burke, K.: "In Consideration."

"Mr. Clerk, please place this Bill on the Order of Postpone Consideration. House Bill 2369, Representative Pritchard. Mr. Clerk, please read the Bill."

"Representative Pritchard."

"Seeing no debate, the question is, ‘Shall House Bill 2369 pass?’ All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Harris. Representative David Harris. Mr. Clerk, please take the record. On a vote of 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 2369, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of House Bill 2377?"

"Please return that Bill to the Order of Second Reading. Mr. Clerk, what is the status of House Bill 2423?"

"Please return that Bill to the Order of Second Reading. Members, we're going to be moving Bills from 09800030.doc 78  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 Second to Third Reading. Please be in your seats. We're going try to move quickly in an effort to get out of here. On page 2, House Bill… House Bill 22, Representative Flowers. Mr. Clerk, please read the Bill."

"Representative Flowers."

"Speaker, Floor Amendment #1 merely adds the type of medication that would be covered. And I'll be more than happy to answer any questions. And I would urge an ‘aye’ vote."

"The Lady's moved for the adoption of Amendment #1 to House Bill 22. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Third Reading. House Bill 23, Representative Flowers. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 29, Representative Flowers. Mr. Clerk, please read the Bill."

Speaker Turner: "Out of the record. House Bill 58, Representative… House Bill 83, Representative Daniel Burke. Mr. Clerk, please read the Bill." 09800030.doc 79  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Third Reading. House Bill 104, Representative Hernandez. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 131, Representative Monique Davis. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 161, Representative Osmond. Out of the record. House Bill 163, Representative Osmond. Out of the record. House Bill 946, Representative Yingling. Out of the record. House Bill 1046, Representative Greg Harris. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 1063, Representative Chuck Jefferson. Out of the record. House Bill 1070, Representative Costello. Mr. Clerk, please read the Bill." 09800030.doc 80  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Third Reading. House Bill 1138. Out of the record. House Bill 1163, Representative Brown. Out of the record. Representative Morrison."

Speaker Turner: "The record will reflect your request, Representative. House Bill 1189, Representative Hernandez. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 1225, Representative Daniel Burke. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 1233, Representative Sacia. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 1063, Representative Jefferson. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 1238, Representative Sandack. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 1250, Representative La Shawn Ford. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 1256, Representative Jehan Gordon-Booth. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 1292, Representative Booth. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 1348, Representative Currie. Mr. Clerk, please read the Bill. Out of the record. Out of the record. House Bill 1443, Representative Moylan. Out of the record. House Bill 1453, Representative (sic- Kelly) Burke. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 1544, Representative Farnham. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 1330. Representative Mautino. Mr. Clerk, please read the Bill."

"Third Reading. Representative fift… House Bill 1545, Representative Berrios. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 1561, Representative Demmer. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 1568, Representative Nekritz. Out of the record. House Bill 1569, Representative Roth. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 15… House Bill 1604, Representative Sullivan. Out of the record. House Bill 1625, Representative Cabello. Out of the record. House Bill 1650, Representative Unes. Mr. Clerk, please read the Bill. Out of the record. House Bill 1651, Representative Rosenthal. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 1745, Representative Pritchard. Excuse me. Mr. Clerk, 1651. House Bill 1651."

"Representative Rosenthal."

Speaker Turner: "The Gentleman moves that Amendment #1 be adopted to House Bill 1651. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Third Reading. House Bill 1745. Representative Pritchard. Mr. Clerk, please read the Bill."

"Representative Pritchard."

"The Gentleman moves that House Amendment #1… Floor Amendment #1 be adopted to House Bill 1745. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Third Reading. House Bill 1822… 1809, my 09800030.doc 85  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 apologies. Representative Pritchard. Mr. Clerk, please read the Bill."

"Third Reading. Floor Amendment, I'm sorry. Representative Pritchard. Mr. Clerk, please return the Bill to Second Reading. Representative Pritchard on the Amendment."

"The Gentleman has moved for the adoption of the Amendment to House Bill 1809. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 1822, Representative Unes. Out of the record. House Bill 1871, Representative Sandack. Out of the record. House Bill 1918, Representative Pritchard. Mr. Clerk, please read the Bill. Rep… Mr. Clerk, 09800030.doc 86  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013 House Bill 1918. Representative Pritchard. Mr. Clerk, please read the Bill."

"Representative Pritchard."

"The Gentleman moves that Floor Amendment #1 be adopted to House Bill 1918. All those in favor say 'aye'; all those opposed say 'nay’. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 1919, Representative Tracy. Out of the record. House Bill 1927, Representative Reboletti. Out of the record. House Bill 1980, Representative Poe. Out of the record. House Bill 2009, Representative Leitch. Mr. Clerk, please read the Bill."

"Representative Leitch."

"The Gentleman moves that Floor Amendment #1 be adopted to House Bill 2009. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 2213, Representative Ford. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2267, Representative Jehan Gordon-Booth. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2273, Representative Verschoore. Mr. Clerk, please read the Bill." 09800030.doc 88  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Third Reading. House Bill 2370, Representative Pritchard. Mr. Clerk, please read the Bill."

"Representative Pritchard."

"The Gentleman moves that Floor Amendment #1 be adopted to House Bill 2370. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 2374, Representative Kosel. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2382, Representative Hatcher. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2411, Representative Hoffman. Mr. Clerk, please read the Bill."

"Representative Hoffman."

"Yes. The Amendment's very simple. It just makes sure that this only applies to IDOT projects."

"The Gentleman moves that Floor Amendment #1 be adopted to House Bill 2411. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 2413, Representative Hoffman. Mr. Clerk, please read the Bill."

"Representative Hoffman."

"Thank you. This exemption of the Bill the use of electronic communication devices that are integrated in a vehicle." 09800030.doc 90  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"The Gentleman moves that Floor Amendment #1 be adopted to House Bill 2413. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 2420, Representative Chapa LaVia. Out of the record. House Bill 2427, Representative Kelly Burke. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2428, Representative Conroy. Mr. Clerk, please read the Bill."

"Representative Conroy on the Amendment. Mr. Clerk, out of the record. House Bill 2420, Representative Chapa LaVia. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2452, Representative Walsh. Mr. Clerk, please read the Bill." 09800030.doc 91  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Third Reading. House Bill 2454, Representative Fortner. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2455, Representative Fortner. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2482, Representative Cabello. Out of the record. House Bill 2484… Out of the record. House Bill 2489, Representative Beiser. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2492, Representative Osmond. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2529, Representative Lang. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2540, Representative Smiddy. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2563, Representative Pritchard. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2613, Representative DeLuca. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2614, Representative Verschoore. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2619, Representative Riley. Mr. Clerk, please read the Bill." 09800030.doc 93  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Third Reading. House Bill 2624, Representative Fortner. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2638, Representative McAuliffe. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2640, Representative Kelly Burke. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2654, Representative Senger. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2661, Representative Gabel. Out of the record. House Bill 2674, Representative Jakobsson. Mr. Clerk, please read the Bill." 09800030.doc 94  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Third Reading. House Bill 2675, Representative Lilly. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2690, Representative Walsh. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2691, Representative David Harris. Out of the record. House Bill 2695, Representative David Harris. Out of the record. House Bill 2703, Representative Phelps. Out of the record. House Bill 2709, Representative Rosenthal. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2737, Representative Moffitt. Mr. Clerk, please read the Bill."

Speaker Turner: "Third Reading. Representative… House Bill 2747, Representative Conroy. Out of the record. House Bill 2762, Representative Scherer. Out of the record. Representative… House Bill 2771, Representative Kay. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2775, Representative Moffitt. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2777, Representative Moffitt. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2778, Representative Moffitt. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2763, Representative Scherer. Mr. Clerk, please read the Bi… Out of the record. House Bill 2747, Representative Conroy. Mr. Clerk, please read the Bill." 09800030.doc 96  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Third Reading. House Bill 2762, Representative Scherer. Mr. Clerk, please read the Bill."

"Mr. Clerk, please hold that Bill on the Order of Second Reading. House Bill 2786, Representative Osmond. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2807, Representative Osmond. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2816, Representative Manley. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2820, Representative Bill Mitchell. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2822, Representative Bill Mitchell. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2829, Representative Hatcher. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2832, Representative Lang. Out of the record. House Bill 2843, Representative David Harris. Sorry, hold… House Bill 2854, Representative Manley. Out of the record. House Bill 2862, Representative Keith Farnham. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2869, Representative Greg Harris. Mr. Clerk, please read the Bill." 09800030.doc 98  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Third Reading. House Bill 2880, Representative Ford. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2897, Representative Willis. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2898, Representative Willis. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2905, Representative Lang. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2910, Representative Costello. Mr. Clerk, please read the Bill." 09800030.doc 99  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Third Reading. House Bill 2916, Representative Costello. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2930, Representative Unes. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2943, Representative Drury. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2946, Representative Drury. Out of the record. House Bill 2955, Representative Drury. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2966, Representative Costello. Out of the record. House Bill 2969, Representative Smiddy. Mr. Clerk, please read the Bill." 09800030.doc 100  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Third Reading. House Bill 2976. Representative Lilly. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 2979, Representative Pritchard. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 3014, Representative Unes. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 3057, Representative Sacia. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 3070, Representative Farnham. Mr. Clerk, please read the Bill." 09800030.doc 101  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Third Reading. House Bill 3075, Representative Lang. Mr. Clerk, please read the Bill."

"Third Reading. Mr. Clerk, what's the status of House Bill 164?"

"Representative Osmond moves to table House Bill 164. Seeing no objections, the Bill is tabled. Mr. Clerk, Agreed Resolutions."

"Leader Currie moves for the adoption of the Agreed Resolutions. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. And now, seeing no further business… Mr. Clerk, Adjournment Resolution." 09800030.doc 102  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 30th Legislative Day 3/15/2013

"Leader Lang moves for the adoption of the Adjournment Resolution. And… and the… All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the adoption is… and the Resolution is adopted. Now, seeing no further business, the House will adjourn to Tuesday… Leader Lang moves that the House adjourn to Tuesday, March 19 at the hour of 12 noon, allowing perfunctory time for the Clerk. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it." 09800030.doc 103