Illinois House Floor Debate — April 18, 2013

"Members are asked to be at their seats. We shall be led in prayer today by Pastor Shawn Lewis who is the Illinois State Director of Capitol Commissions, serving the political Leaders of Illinois. Pastor Lewis is the guest of Representative Chapa LaVia. 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 led in the Pledge of Allegiance today by Representative Meier." 09800043.doc 1  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

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

"Thank you, Speaker. Please let the record show that not a single House Democrat is excused today."

"Representative Bost."

"Mr. Clerk, please take the roll. On a count of 117 present, a quorum is established. Representative Bellock, for what reason do you seek recognition?"

"State your point."

Speaker Turner: "Welcome to your la… Capitol, ladies. Representative Senger."

"Please state your point."

"Welcome to your Capitol. Mr. Clerk."

"Members, we're going to begin on the Order of Third Readings. House Bill 981, Representative Monique Davis. Mr. Clerk, please read the Bill."

"Representative Davis." Davis, M.: "Thank you, Mr. Speaker. House Bill 981 adds one member to the Guarantee Fund Board. Currently, they don't have a consumer individual or an accountant on that board, so the Department of Insurance would like to add one member. And I know of no opposition to this Bill."

"Representative Durkin."

"On that, Representative Davis to close." Davis, M.: "I would just ask for an 'aye' vote, Mr. Speaker." 09800043.doc 4  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"The question is, 'Shall House Bill 981 pass?' All those in favor vote 'yes'; all those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia, Crespo. Mr. Clerk, please take the record. On a count of 116 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 981, having received the Constitutional Majority, is hereby declared passed. House Bill 1296, Representative Christian Mitchell. Mr. Clerk, please read the Bill."

"Representative Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. House Bill 1296 would ask our pension systems to divest from folks who manufacture firearms and ammunition. Now, the genesis of this is that there… it is precedented . It has been done by the California Teachers Retirement System; it's been done by the Chicago Teachers Retirement System as well as systems in New York and the California Employee Retirement System. And the basic concern is that you have a stance of a particular industry that is decided against the will of three-quarters of its own members, to advocate against any sort of common sense legislation as it relates to firearm safety and that many of our state employees, whose dollars are being invested in this way, live in communities that are ravaged by the violence that is the consequence of some of these laws in addition to other factors. So, I urge an 09800043.doc 5  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 'aye' vote and I'm more than willing to take any questions. I would note, I know one is going to be about financial impact, it's relatively small, it's around $10 million or so. And that any concern about what this might impact on local employers will be relatively low given the interest of private investment, in these times of investments. I thank you for the time and I welcome your questions."

"On that, Representative Senger."

"Sponsor yields."

"Representative Reboletti."

"The Representative yields."

"Representative Sacia."

"Sponsor yields."

"Representative Willis."

"Will the Sponsor yield?"

"Sponsor yields."

"I… I commend you on this Bill. I had one very similar to this and I'm very happy that yours made it out of committee. Have a couple of quick questions for verification on the board." Mitchell, C.: "Please…"

"When people go and they invest into their own pension funds, are they allowed to pick where their money gets invested right now?" Mitchell, C.: "No. It's managed by the system."

"Pardon?" Mitchell, C.: "It's managed by the system."

"So the system decides. So, if I have an aversion to a particular company, I am not given that option to not have my money that I put into the pension system, invested in that company, correct?" 09800043.doc 13  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Mitchell, C.: "That's correct."

"Okay. To the Bill. As I said similar… earlier, I had a Bill very similar to this. I commend Representative Mitchell for having this Bill also. I think this gives people that do not want to invest in certain particular industries, like the gun industry, to not have to have their money invested in that. That is something that I think we're looking at. We… we need to be sure that. As a private citizen if you want to invest your own personal money into it, that is your option, but when your state pension money is put into a system that you do not socially or morally approve of, I think we need to take a step back and that is what this Bill does. It gives people the option. What you want with your own private money, in your private home, is to it. I urge my colleagues to vote 'yes' on this Bill. Thank you."

"Representative Smiddy."

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

"Sponsor will yield."

"Thanks for Mr. Sacia, he knew I was going to talk on this. So, thank you, very much, Sir. As… as we can all…" Mitchell, C.: "Divine intervention."

"As everyone knows, I have several manufacturers in my district regarding these… these gun manufacturers and I don't believe it's the business of the state to be telling us how we need to invest, especially when I see here, IMRF is still on my list as being opponents to this Bill. I mean, this is the people that we're trying to make sure 09800043.doc 14  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 that our pension payments are solvent and I have a… I have a hard time trying to restrict. I know $10 million to you might not be a whole lot of money, but we have shown over the years that we cannot really manage money very well. And I think our pension systems have been doing a good job in investing our funds. So, to the Bill. I think it's the wrong message to send to our businesses who are already under… under the gun here in Illinois. And I think we need to stay out of the investment part of what they're doing and make sure that… just let them do their jobs and let us do our jobs here, and maybe we can work something out. But I would urge a 'no' vote on this because we need to stay out of the investment business. Thank you."

"Representative Sandack."

"Sponsor will yield."

"Excuse me. Members can we keep the noise down in the chamber; it's becoming very hard to hear." Mitchell, C.: "Thank you, Representative."

"Representative Hays."

"The Sponsor yields."

"Members we're going to go to the debate timer, given the amount of people who wish to speak on this subject and the sheer amount of work that we have to get through today. So, we'll start with a three… three minute debate beginning with Representative David Harris. Thank you for your patience." Harris, D.: "Thank you, Mr. Speaker. In question of the Sponsor?"

"Sponsor yields." Harris, D.: "Thank you, very much. Representative let's start off by saying we both have respect for each so we can leave that out of the debate. But… but are guns legal?" Mitchell, C.: "Yes." Harris, D.: "It's a legal product sold in the United States right?" 09800043.doc 23  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Mitchell, C.: "It's a legal product; yes it is." Harris, D.: "Okay. And you mentioned at the beginning that the gun manufacturers have taken a position that they are opposed to all of the legislation related to guns that have come up. Do we know that for a fact? Do gun manufacturers care about… about a background check?" Mitchell, C.: "Absolute… So…" Harris, D.: "I don't think they do. I think the NRA cares…" Mitchell, C.: "They do." Harris, D.: "…but I don't think gun manufacturers care one way or the other about background checks." Mitchell, C.: "So… so, I don't… I can't speak to that. What I can speak to, Representative, is that some of the folks we're invested with, for example, Sturm Rugers, Smith & Wesson, have been substantial givers to this Ring of Freedom initiative the NRA invested… initiated in 2007." Harris, D.: "Sure." Mitchell, C.: "It's raised so much capital for them. And the decision they've made, as we just saw on the national level yesterday, is that anything that’s going to harm their bottom line, they're going to be against. And I think, Representative, it is a… it's disrespectful to the gun manufacturers who want to be good citizens and to law- abiding gun owners who care more about being able to have their guns than the right of somebody crazy to get one." Harris, D.: "And I don't fault… I don’t fault companies for supporting their association that articulates their interest. As an example, I don't fault hospitals for contributing to the hospital association. I don't fault 09800043.doc 24  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 manufacturers for contributing to manufacturing associations because they represent their interest. But that's not to say that every gun manufacturer is opposed to what's being talked about. Let's talk about the investments for one second." Mitchell, C.: "Sure." Harris, D: "The investments are made by individual management organizations, are they not… or individual management advisors, are they not?" Mitchell, C.: "Yes, Sir, for the most part." Harris, D: "And there are numerous management… agencies that are employed or… or contracted with by the Illinois State Board of Investment. Correct?" Mitchell, C.: "I believe so, yes, Sir." Harris, D.: "Well, there are. So, they've got to go through, and I can tell you that as an example, we just had a meeting the General Assembly Retirement System Board yesterday and we reviewed the… the returns that our managers, and there are roughly seven of them, if memory serves me correctly, seven of them that handle the funds for the Illinois General Assembly Retirement System. And that's much broader for TRS which is much larger and… and the like. So, there really is a huge administrative burden here that… that we are imposing. Let me ask the question, do you think… who's this going to hurt? Who's this legislation… are you trying to hurt the gun companies?" Mitchell, C.: "No. I think what I'm trying to do is… is, and when I say I, I mean the supporters of this Bill, is… is making a statement. You have a right to be a member of your 09800043.doc 25  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 industry organization, but when you're taking stances that are, one: against the interest of the members that this organization purports to support and against the health and welfare of the citizens of the State of Illinois…" Harris, D.: "Okay." Mitchell, C.: "…I don't think we need to be investing retiree dollars with it." Harris, D.: "Okay." Mitchell, C.: "That's… that's the statement." Harris, D.: "Okay. Let me… go one step further down the line here where it says…"

"Representative Harris, your time has expired." Harris, D.: "Can I have one more minute?"

"Yes Sir, one more minute." Harris, D.: "Just to make… I'll… I'll address the Bill. Ladies and Gentlemen, this legislation requires each pension fund and retirement system established under the code. If that applies to the local police and fire systems that are handled at the local municipal level, this is a huge, huge issue. If we're talking more than just the… the state pension systems. So, look at this very closely. I don't think it deserves a 'yes' vote. And I can strongly recommend a 'no' vote on this legislation."

Speaker Turner: "Thank you, Representative. Representative Reis."

"Sponsor yields."

"Representative Beiser."

"Thank you, Mr. Speaker. To the Bill. I served on pension boards for 16 years and we have a… had a fiduciary responsibility to all the active and retired members of these pension systems to follow our fiduciary responsibilities in this order. Investments had to be safe; in other words, they had to be a non-risky, non-junk bond type of… investment. They had to be liquid; in other words, you had to be able to sell those in a very reasonable amount of time in a quick way. And you had to have a good rate of return. In that order: safe, liquid and rate of 09800043.doc 29  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 return. If we do not follow those… responsibilities as a pension board, we are liable to be sued by the members, both active and retired, to those pension systems for not following our fiduciary responsibility. I think legislation like this opens up potential for tremendous amount of lawsuits to be filed on each individual member of the… of these pension boards because in my opinion, according to law, they will not be following their fiduciary responsibility in this legal investment that meets all the criteria as a fiduciary. So, I would strongly urge people to think about that and to vote 'no' on this legislation. Thank you, Mr. Speaker."

"Representative Reboletti."

"Representative Bost."

"State your inquiry, Sir."

"We'll get back to you on that, Sir."

"Representative DeLuca."

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

"Sponsor yields."

"Representative Mitchell, I'm listening to the debate. There's been a lot of accolades for you today, I might add." Mitchell, C.: "Thank you, Sir."

"My question is, do you be… do you envision this as another tool in the toolbox for law enforcement?" Mitchell, C.: "I'm not sure I understand the question, Representative." 09800043.doc 32  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Well, I see that a proponent is the gun violence prevention pack." Mitchell, C.: "Okay."

"On my analysis it's listed as one of the supporters of this. I'm just curious…" Mitchell, C.: "Yeah."

"…is this going to improve public safety?" Mitchell, C.: "I… I believe it… it will… it is a statement that will help position ourselves to make more public safety improvements. If there are things we can do to keep guns out of the hands of straw purchasers and folks who have mental illness and other things that we could pass if we set the precedent of letting this industry know that they can do whatever we want but we're not going to be investing our dollars with them if they choose to lobby against the interest of their own members and… and the people in the state."

"I'm just sa… that's where it seems to be a little difficult to tie the two together. I'm trying to figure out how this can benefit law enforcement. How this legislation can make the streets of the City of Chicago Heights…" Mitchell, C.: "Sure."

"…the Village of Park Forest…" Mitchell, C.: "…Sure…"

"…the Village of Olympia, University Park…" Mitchell, C.: "Sure. So…"

"…how it can make those streets safer, I'm not seeing the connection." 09800043.doc 33  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Mitchell, C.: "Sure. So, I think a couple of things, I think it's been noted by multiple people, not just Democrats, Republicans, people nationwide, that if we had a better system for background checks, if we did more to crack down on straw purchases, if we did more in terms of making sure that we have the ability to… to get… to find out where guns originated, that we would have the ability to find out where these weapons were coming from and stop them from getting into the hands of… of bad folks. And the reason why this is important is, those are pieces of legislation that we could be passing, but the debate, in my opinion, has been poisoned by this group both nationally and locally in such a way that we can't haven have that conversation because it becomes politically untenable. And so, doing this will not have an immediate effect, Representative DeLuca…"

"I only have a minute…" Mitchell, C.: "…but will set the stage."

"…so let me ask…" Mitchell, C.: "I'm sorry."

"…one more question…" Mitchell, C.: "Yes, Sir."

"…'cause I read the Bill and I'm not seeing in the text where it talks about background checks. Can you point that out to me, where in a legislation…" Mitchell, C.: "So, it…"

"…it deals with background check?" Mitchell, C.: "…it doesn't speak specifically about that, Representative, which is why this is more about setting the 09800043.doc 34  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 climate, setting the stage, making a statement, creating that environment, where it can happen."

"Is there anything else you can add that would make it clearer as to how this legislation will make the streets safer in the district I represent?" Mitchell, C.: "So, if we're fortunate enough to… to pass this Bill out of the House, if it would be helpful to add a preamble outlining kind of the background of this, where it comes from, and what it would set up. I'd be more than willing to do that. I'd love to work with you on it; I know you have a great deal of expertise in that area."

"Thank you, very much for your answers." Mitchell, C.: "Thank you, Representative."

"Representative Bellock."

"Representative Senger."

"Representative Costello."

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

"Sponsor yields."

"Representative could you tell me where our sheriff's departments, our police departments and the State Police currently by their guns?" Mitchell, C.: "No, Sir, I can't. I'd assume it's probably from folks who sell them, but I'm not sure who exactly."

"Possibly the 65 manufacturers in the State of Illinois…" Mitchell, C.: "I… I would imagine."

"…who employ 8500 people in our state." Mitchell, C.: "Absolutely. Can I… just to address that. I know there's been concern about how this would affect kind of those private manufacturers. And my belief is, given the return on investment, and I understand why given our crisis some people find that appealing, that private sector would easily fill that hole. Now, what I'm saying is the damage caused by some of these weapons and the stance of the industry that refuses to deal with safety on them, is more costly than any return on investments. So, I hear what 09800043.doc 36  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 you're saying, but I think the private sector would fill that gap pretty quickly."

"So, you're saying we can buy guns from these manufacturers, we just can't invest in the manufacturers?" Mitchell, C.: "I'm saying that licensed law enforcement officers, yes, can purchase weapons from those manufacturers and that there is a significant and real and valuable use for them. But that what we're talking about is the stance of a particular industry, not so much an individual."

"Thank you. To the Bill, Mr. Speaker. What we're talking about in investment terms is known as a type of socially responsible investing. To Mr. Hays's point, it normally includes alcohol, tobacco and firearms, but my question is, where does it stop? I think it's a bad precedent to set. So, if the Democrats are in control of the government, do we only invest in union companies? If Republicans are in control do we only invest in nonunion companies? I know that's a large step to take, but where does this stop? I think this is bad public policy. I think we should let investment professionals that we hire make these decisions. And lastly, I want everyone to hear, because we've talked about tobacco and alcohol. So last year, in the United States there were roughly 600 thousand people that died of cancer. Last year, there were roughly 100 thousand people that died in alcohol-related deaths. Last year, there were just over 30 thousand people that died of gun violence. So, 20 times more died of a cancer- related death, and we're talking about guns and not tobacco 09800043.doc 37  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 or alcohol. I think this is a very bad… bad vote. I urge you to vote 'no'."

"Representative Zalewski."

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

"He indicates that he will."

"My seatmate is getting some body blows here; I have some follow-up questions for him. Representative, is your precedent… we talked a little bit about what we're doing here and I… I want to know if there's precedent for directing these systems to… to make their investment choices?" Mitchell, C.: "Thank you, Representative. There is, we did this with Iran, we did it with the Sudan, we did it with South Africa and despite the fact that there were profits to be made, in all of these places, we made a decision that it wasn't in the best interest of the health and safety of our… our citizens to continue to investing. So there is precedent in doing this here in the State of Illinois."

"So this isn't an outlier. This isn't something that we just said out of a… on a whim, we're going to start advising these systems to make their investment choices. This… it's happened before." Mitchell, C.: "This has happened before and in fact, there are even private systems like Cerberus Capital Management that are choosing to divest from these weapons because the stance the industry's taken in terms of the safety of citizens."

"So to… to the Bill, Mr. Speaker. I've… in this debate, specifically, I've heard a couple of times that the 09800043.doc 38  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 reference to Chicago and what the difference is between Chicago and the rest of the state. And… and it's disheartening today and it was disheartening last evening the tone of the Body when it comes to this particular issue and how divisive it's becoming. I… I don't live in the City of Chicago. And I don't necessarily want to speak for the City of Chicago, but we seem to be in this habit of saying, Chicago's got problems and downstate's got problems and we should just wipe our hands of the issue and… and let them two separate it out. And I would just say to the Body, I think there are instances of people that are victims of… of situations of violence in downstate. And I think there are law-abiding citizens in Chicago that wish to exercise their Second Amendment right. So, you can cast your judgment on the Gentleman's Bill, a lot of us will do that in about a minute here but… but when it comes to the comparisons of the regional differences on this particular issue, I would just cal… I would just respectfully urge the Body to just focus on… on what's important for the State of Illinois and… and start and… and if we can just not continue to make comparisons versus what's good for one part of the state versus the other part of the state. We're… we're responsible for the judgment of policy for the State of Illinois, not regions and we're starting to lose sight of that a little bit. So, thank you, Mr. Speaker."

"Representative Brauer."

"Representative Fortner."

"The Sponsor will yield."

"Representative Mitchell to close." Mitchell, C.: "Thank you all. I've… I've greatly enjoyed the debate. I think it's a very important issue. I'm just going to say a couple of things. There are folks who've talked 09800043.doc 41  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 about the idea of people needing all their investments listed on… on their sheets that want to note that we're talking about defined benefits plans. In this case, not defined contribution, in which case they do get to make that choice. I would note that there is precedent for this Bill in terms of what we've done with Iran and Sudan and South Africa and that the folks who are running around and terrorizing our streets and the industry that's refusing to do anything about them have an equivalent effect on neighborhoods in my city and neighborhoods around the state, as Representative Zalewski pointed out. This is not just a Chicago issue; it is a statewide issue. I understand folk's is concern about precedent, but I assure you it is a false equivalency. There is not a meaningful, comparable issue in the state as it relates to investment. This is a… this is a tailored piece of legislation that deals with this directly. It is extremely important that we think about safety in our communities. I've lost a six-month, year-old girl at the south end of my district. We lost an innocent high schooler had just been inauguration across the street from a very dear friend of mine. When an industry takes this stance that they would prefer profit over the health and wellness of the people of the State of Illinois, we need to stand up and make a statement about who we are. I urge an 'aye' vote."

"Representative Bost, to answer your question. Home Rule does not apply and will take 60 votes for this measure to pass. A verification has been requested by Representative Sacia, so all Members are asked to vote 09800043.doc 42  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 their own switches. With that said, the question is, 'Shall House Bill 1296 pass?' All those in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Farnham. Mr. Clerk, please take the record. With 46 voting 'yes', 69 voting 'no', 2 voting 'present', House Bill 1296, having failed to reach a Constitutional Majority, is hereby lost. The Democrats will now caucus in Room 114. Democrats will caucus for the next 45 minutes in Room 114. The Republicans will not caucus. The House shall come to order. Beginning on Order on Third Readings, we will start with House Bill 923, Representative Hoffman. Mr. Clerk, please read the Bill. Mr. Clerk, please move this Bill to the Order of Second Reading. Are there any Motions pending?"

"Representative Hoffman."

"Yes. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Amendment alleviates the concerns of many individuals had about… about the… the substance of the Bill in that it indicates that if… that it would remove certain contractors from the reporting requirements, ones that already do not extensively violate this Act. In addition, it requires information from contractors would be held confidential and only used in the in the… among government agencies in filling out their… their duties." 09800043.doc 43  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"The Gentleman moves for the adoption of Floor Amendment #3 to House Bill 923. All those in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 923, Representative Hoffman. Mr. Clerk, please read the Bill."

"Representative Hoffman."

"Thank you Mr. Speaker, Ladies and Gentlemen of the House. House Bill 923 is designed to address the issue of some contractors and construction projects throughout the State of Illinois, who are not following the law by actually paying employees the taxes and the benefits that they have earned. House Bill 923 is simply a reporting requirement for contractors that would require those individuals in the case if they're paying a… an individual, a sole proprietor or a partnership, they would have to indicate and report to the Department of Labor the individuals, the address and the amount of money that they're paying to those individuals. Employees of the contractor are exempt so you wouldn't… would not have to report those. It also indicates that certain… certain employers, who are essentially have their own apprenticeship programs, that they will not be subject to this Bill. And it also indicates that responsible employ… contractors in the State of Illinois are not subject to 09800043.doc 44  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 this Bill. It provides for enforcement for the Department of Labor and to enforce this Bill. It's an initiative of the carpenter's organization and is supported by the state AFL-CIO."

"Representative Bost."

"Sponsor yields."

"It… it removed the opposition of the Association of General Contractors. It removed the opposition of the road builders. And it removed the opposition of… of, I think it's the one that Kim Robbins is… is the head of. I'm not sure of the name of it. There is still some opposition for, I believe, home builders and… and small business… and NFIB."

"Yes."

"Well, right now there are no reporting requirements regarding the reporting of amount that is paid to individuals who are not employees, if it's paid to an… an individual, a sole proprietor or a partnership. The whole idea behind this Bill is there are some contractors in construction projects that are really… have employees, but 09800043.doc 45  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 they're acting as if they're independent contractors. When they're doing that they're not paying property taxes. They're not paying proper benefits. They're not paying proper health care insurance. And they're not following the law by paying Social Security or other types of… of taxes. So this simply says, we're going to if… if you are a contractor in a construction setting in Illinois and are not… do not have an apprenticeship program, that in those instances you have to report to the Department of Labor."

"Well, no, that's not… that's not the case."

"What is the…"

"Yeah. You can still… you can still have legitimate, independent contractors. But, if a person is actually employ… an employee under the terms as they are defined currently in the Department of Labor, then certain things have to happen with regard to taxes, Social Security and other things. If you're an independent contractor and truly an independent contractor, then this doesn't change that at all. What it… what this simply says is you have to report, 09800043.doc 46  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 if you are a contractor and an individual is not designated as an employee, and it's an individual, sole proprietorship or partnership, not a corporation, but an individual, sole proprietorship or partnership, you simply have to report that information to the Department of Labor. They then will have the information to make a determination as to whether this really is an employer-employee relationship or truly an independent… independent contractor relationship."

"The definition of an employer and an independent contractor, I believe, is currently it is cain… currently contained in our statutes. And without having it in front of me, it… it largely is an issue, as I remember, law school correctly, and I remember the statute, it… it largely is an issue of control and if… if a true independent contractor you will control the over site but he will come in there and he operates, essentially, independent of the day to day, hour to hour, control of the employer. If you're an employee and you're not in a supervisory capacity, then you are actually under the control of the employer in a direct sense."

"I… I… don't…"

"Yeah. I don't know all who are opposed. I'd be kind of dumb if I would give you all who are opposed, but I'll give you the one…"

"…I'll give you the one's you mentioned…"

"Yeah, I know."

"I'll give you the ones you mentioned. You asked… you asked the Home Builders. They are still in opposition, but they will tell you, if you talk to them, probably three, I think, three out of the four of their concerns they raised at committee we addressed in this Amendment and are addressed in this Bill. We still are requiring the reporting requirements."

"They… I don't think they'll ever be in favor of any of the reporting requirements."

"I don't want to talk for them, but we took care of a lot of their concerns."

"Yeah. Just to clarify, IRMA, Illinois Retail Merchants Association, is no longer opposed to the Bill. We put in an Amendment that took out the contract… or we took out contractors whose primary purpose was selling tangible property. That did no longer in the Bill. They're not opposed. The Construction Industry Council, that's who I was trying to think of, they're… they're in favor. The road builders are in favor, and the Associated General Contractors are now in favor."

"Representative Arroyo."

"Thank you, Mr. Speaker. I rise in support of this Bill. I know what the logistics of this Bill is. I appreciate what Representative Hossman… Hoffman is doing. The Department of Labor is really for this Bill. I think this is going to help all the contractors and it's going to help everybody in labor and the unions. Thank you very much for the job you're doing, Jay. This Bill is something similar to what I passed not too long ago. And this is a jobs Bill. Thank you."

"Representative Ford."

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

"He indicates that he will."

"Representative Hoffman, I just have one question about the fine and the penalties that'll be assessed to the contractors. Where would the money go?"

"We don't… what we don't do is we don't change what's currently in the… in the Illinois Department of Labor. The fines, I believe, are maintained in the Department of 09800043.doc 49  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Labor. I think… I think for… for use of enforcement. But the same area where… where fines go now, if someone is fined by the Department of Labor, that's where they would go. This… there are no specific fines contained in this… in this… this legislation; it's simply the same ones that currently exist within the Department of Labor."

"So, there are new… no new fines, no new penalties for violating the new Act?"

"No. There… Well, this is… this is a new requirement. So, if you violate the new requirement, the existing enforcement provisions would apply."

"Okay. So, is this a good time to see if we… since we don't know where the funds go, is this a good time to try to use these funds to help small businesses? Since this is supposed to be a Bill to help grow jobs and strengthen businesses, why shouldn't this money be used to support small businesses instead of using it for whatever it is that we don't know what it's being used for. Maybe we can direct it in the Senate to use this money to support small businesses in the State of Illinois. Is that possible?"

"Well, I believe… it's my understanding that the fines, as they currently exist, what they will do… excuse me… the fines as they currently exist what they will do… is they are used by department for enforcement of the Act. So, we have passed laws here in Illinois that have said we're going to have certain labor laws in the State of Illinois. Everything from prevailing wage to minimum wage, and when a fine is paid, it's my understanding, they then are used to enforce… enforce the Act." 09800043.doc 50  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Thank you, Representative."

"Representative Hoffman to close."

"Thank you, Ladies and Gentlemen of the House. I think I was referring to independent contractors; it also would include sub-contractors in this Bill; that's the idea. Once again, I think this is something that is good for working men and women in the State of Illinois. I ask for an 'aye' vote."

"The question is, 'Shall House Bill 923 pass?' All those 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? Representative Yingling. Mr. Clerk, please take the Bill. On a count of 72 voting 'yes', 44 voting 'no', 0 voting 'present', House Bill 923, having received the Constitutional Majority, is hereby declared passed. Cavale… Representative Cavaletto."

"Please state your point, Sir."

"Welcome to your Capitol. House Bill 2275, Representative Feigenholtz. Mr. Clerk, please read the Bill."

"Representative Feigenholtz." 09800043.doc 51  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Thank you, Mr. Speaker. House Bill 2275 is the Community Care Reform Bill designed to rein in the cost of a program that's become very popular in the State of Illinois, so that our elders can age in place with dignity for a quarter of the cost. In this Bill, you will see that there are five or six significant reforms that will ultimately rein in costs from data sharing to electronic visiting verification, using task-based service parameters, rounding… reducing rounding of minutes from 15 to 7, balancing incentive payments from the Federal Government and better processing of Medicaid enrollment. I'd be glad to answer any questions."

"Representative Bellock."

"She indicates that she will."

"That is correct."

"The electronic visiting verification was something that we discussed last year when we were working on other Medicaid reforms. Essentially, it is a GPS technology-based system that will electronically verify the presence of a worker at the home of a client and we are 09800043.doc 52  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 encouraged that the department intends on trying to employ this as early as May, but note certainly, certainly, certainly, no later than January. But they have told us that they were going to get this up and running as quickly as possible."

"Representative Flowers."

"Will the Lady yield?"

"She indicates that she will."

"Representative, just for the record I want to make it clear, is this program cutting any senior programs?"

"No, it isn't, Representative Flowers. That's not the intent."

"Also, in regards to the data sharing. Can you please, once again, elaborate in regards to the data sharing? Will there be one-stop shopping? Will the different agencies within the state be able to communicate with each other, is that to eliminate the fraud and the abuse?"

"It… it's strictly an opportunity to data share with other agencies in the State of Illinois when it comes to employment verification and other matters, Representative. It's just a fraud and abuse…"

"So, it's for employment, but it does not have anything to do with the patient itself?"

"No, it does not."

"Okay. And… okay, Representative. Thank you very much."

"Representative Feigenholtz to close."

"Ladies and Gentlemen, I would appreciate your support on this. This will hopefully be the answer to a 09800043.doc 54  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 program that many of our constituents utilize. It is an extraordinarily bargain for us to send our seniors into this program. And I'd appreciate your 'aye' vote."

"The question is, 'Shall House Bill 2275 pass?' All those 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? Mr. Clerk, please take the record. On a count of 117 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 2275, having received the Constitutional Majority, is hereby declared passed. House Bill 2925, Representative Fine. Mr. Clerk, please read the Bill."

"Representative Fine."

"House Bill 2925 creates the Illinois Local Government Appointees Ethics Act. It requires members of boards and commissions created by State Law and appointed by local government to follow the ethics rule established by that county. This Bill has been amended only to apply to counties that have 3 million people or more. I have been working on this Bill with the Cook County Inspector General in response to an incident that happened in my district. The Northfield Wood Sanitary District, the trustees of the district who are paid $6 thousand a year, were somehow able to pay themselves about of a quarter million dollars over about four years. And the problem was they didn't violate any ethic violations because of the fact they didn't have to follow any ethics guidelines. This would change that so 09800043.doc 55  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 they would fall under the same Ethics Code as the rest of the county."

"Seeing no debate, the question is, 'Shall House Bill 2925 pass?' All those 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? Mr. Clerk, please take the record. On a count of 114 voting 'yes', 0 voting 'nay', 0 voting 'present', House Bill 2925, having received the Constitutional Majority, is hereby declared passed. Representative Golar, for what reason do you seek recognition?"

"Mr. Speaker, point of personal privilege."

"Please state your point."

"Thank you. Ladies and Gentlemen, behind the gallery behind me, please stand with me and welcome the hardworking trustees of the Public School Teachers' Pensions and Retirement Fund of Chicago, the directors of the Retired Teachers Association of Chicago and the directors of the Chicago Principals & Administrate Association. Thank you."

"Welcome to your Capitol. House Bill 1199, Representative Sosnowski. Mr. Clerk, please read the Bill."

"Representative Sosnowski."

"Seeing no debate, the question is, 'Shall House Bill 1199 pass?' All those 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? Mr. Clerk, please take the record. On a count of 116 voting 'yes' 0 voting 'no', 0 voting 'present', House Bill 1199, having received the Constitutional Majority, is hereby declared passed. House Bill 207, Representative Harris. Mr. Clerk, please read the Bill."

"Representative Harris." Harris, G.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Just a moment ago Representative Feigenholtz presented and Representative Bellock supported the legislation that would help us control the growing liability in the Community Care Program that would… that keeps seniors in their homes as opposed to the more expensive institutional options. It was mentioned that there would be a supplemental appropriation to deal with existing bills that the program has already generated that 09800043.doc 57  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 is putting our senior service and aging agencies at risk. This is the supplemental appropriation for the CCP Program. It does two things. It is a $173 million GRF supplemental from increased revenues that are available in this fiscal year to pay existing bills from fiscal year '12. It also has a statute… a transfer of $151 million from GRF to the Healthcare Provider Relief Fund. This was previously approved by the House in the BIMP for this year and sent to the Senate where no action was taken and this would allow us to double our money with another $151 million in federal match. And I just want to talk for a minute why this is important that we do this immediately. The Community Care Program keeps 85 thousand seniors in their homes; 85 thousand seniors that do not have to go to nursing homes or hospitals because they're able to obtain these services. This is not new expenditures; this is to pay old bills. This is to pay old bills from fiscal year '12. The department ran out of money on March 15 and within a one… within one week they will likely be able to not support one third of their providers who will fall into very hard times, already three providers may have been out of money and stopped providing services on the west side of Chicago, in Peoria and in Rock Falls, Illinois. This is a desperate situation, Ladies and Gentlemen, there are 85 thousand folks who are depending on us. I would ask for an 'aye' vote."

"Gentle… Representative Franks."

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

"Sponsor yields." 09800043.doc 58  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Representative, I understand this is a supplemental and… we're asking for 151 million to be appropriated supplementally?" Harris, G.: "There are two items in this Bill; 173 million for the Community Care Program and 151 million that was a item that had been previously approved in the BIMP that was going to the Healthcare Provider Relief Fund and that item was in a Bill that was not acted upon by the Senate. So, this has already been approved by the House."

"So it would be a $324 million supplemental, the two of them?" Harris, G.: "I assume your math is… is better than mine."

"Here's my question, when we do a supplemental, where does the money come from?" Harris, G.: "This is coming from revenue that, if you remember, we passed Resolutions setting a revenue limit for expenses that would be appropriated against for this year. And the agreement was at the time that any moneys that came in in excess of that revenue level would be used to pay down old bills. These are old bills which we are paying down and the 151 million will also bring us 151 million…"

"Match." Harris, G.: "…in new Medicaid funds from the Federal Government. So, it's a win-win."

"I get it. I just want to make sure that we have the money and I'm trying to figure out… I'll wait… I'm trying to figure out where it's coming from. So, you're telling us the money that we'd be appropriating here with the 09800043.doc 59  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 supplemental is because of additional… additional revenue that we had that we were not counting on?" Harris, G.: "This is new revenue that was above and beyond, you know, our goal. And these are expenses we've already incurred. I mean these bills aren't going away."

"I get that." Harris, G.: "The providers are running out of money here, so this is not news."

"Are we paying interest… are we paying interest on these?" Harris, G.: "Yes we are."

"Okay." Harris, G.: "This is part of the prompt payment interest system."

"Okay. So we have the money to pay for it, these are old bills and it's new revenue that was designed to go towards it. I just want to make sure I understand the whole prospect. And if we do this, we'll also get an additional $151 million from the feds as a match on the Medicaid portion?" Harris, G.: "Yes."

"Thank you."

"Representative Cavaletto."

"Sponsor yields."

"Representative Bellock."

"The Sponsor yields."

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

"Sponsor yields." Harris, D.: "Representative, help me understand a little bit, if I may. And we understand the importance of the CCC Program and the need to fund that properly. However, what is the total requirement to fund CCP?" 09800043.doc 64  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Harris, G.: "It is, according to our records, Representative, CCP, the FY12 and FY13 liability, these are services already rendered, this is a bell that cannot be unrung, is $315 million." Harris, D.: "Okay. And I understand how you're dividing FY12. We're pushing that back off, that's just going to be old bills stuff now. So, let's just look at the 173. One seventy-three, what, takes care of FY13?" Harris, G.: "FY12, I believe. FY… Fiscal Year '12." Harris, D.: "The 173 takes care of FY12. And 70… you said 71 percent of that 173 is matchable, that gives us about $123 million." Harris, G.: "Yes." Harris, D.: "Okay. And… and the 151 that we… that's going into the Healthcare Provider Trust Fund or Relief Fund?" Harris, G.: "All of that's matchable." Harris, D.: "All of that is matchable… That 151 though was part of the initial appropriations that we did last year?" Harris, G.: "Yes, and it was included in a BIMP that moved out of the House to the Senate and was not voted upon by the Senate, so we were not able to achieve that federal match and bring in that revenue." Harris, D.: "I understand what you're doing and to the Bill, Ladies and Gentlemen. I understand what the Sponsor is doing and… and again the program is important enough that we really do need to fund it. He did make a statement though that I want to make sure we understand. He said, this is not new spending. Yes, it is, Ladies and Gentlemen. It is spending above the $33.7 billion that we appropriated 09800043.doc 65  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 last year. Now, we have the benefit that, because of good economic activity, we're going to probably bring in about $34.2 billion worth of revenue versus the 33.7 that we… that we appropriated. However, our liabilities are much more than just that 500 million of extra revenue, if you want to call it that, or increased revenue that's going to come in above our level. Our liabilities for FY13 are much greater than that 500 million. Having said that, this program is an extremely important one; it needs to be funded. I stand in support."

"Representative Kay."

"Sponsor yields."

"Ladies and Gentlemen, can we keep… please keep the noise down in the chamber; it's very hard to hear. Thank you." Harris, G.: "Representative, I think as we go down this path of trying to clean up the financial house of the State of Illinois, all of these are old bills. Now, I know that there might be some… that there might be some way to define some as newer old bills that other old bills, but these are all bills that have been incurred and that we owe."

"Representative McSweeney."

"The Sponsor will yield." 09800043.doc 68  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"The Gentleman moves for the adoption of Floor Amendment #1 to House Bill 207. All those in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Mr. Clerk, House Bill 207. Representative Harris."

"Representative Harris." Harris, G.: "Ladies and Gentlemen, I'm… I'm very grateful for the very thoughtful consideration that folks are giving to this piece of legislation. We're… we're… we're in a terrible situation, as one of the Members on the other side just mentioned, we have $9 billion in unpaid bills. As we 09800043.doc 70  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 deal with these, we need to deal with them in the smartest way possible, bring in as much federal revenue and outside sources as possible to retire as many of these bills as quickly as possible. I would urge an 'aye' vote and I thank everyone for the thoughtful debate."

"Representative Bellock."

"Representative Harris to close." Harris, G.: "Thank you, Ladies and Gentlemen. I know across the state, I'm just looking at my computer here, there are a lot of folks who are counting on us, who are worried about how they're going to be able to stay into their homes. I appreciate everyone's thinking of them, their concern. I would ask for an 'aye' vote."

"The question is, 'Shall House Bill 207 pass?' All those 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? Mr. Clerk, please take the record. On a count of 115 voting 'yes', 2 voting 'no', 0 voting 'present', House Bill 207, having received the Constitutional Majority, is hereby declared passed. House Bill 1379, Representative Phelps. Mr. Clerk, please read the Bill. Can we bring that Bill back to Second Reading, please, Mr. Clerk, 1379 and read the Bill."

"Representative Phelps."

"Thank you, Mr. Speaker. I'd like to adopt the Amendment and then and… having questions on Third, please." 09800043.doc 72  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Gentleman moves for the adoption of Floor Amendment #2 to House Bill 1379. All those in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Mr. Clerk, House Bill 197, Representative Mayfield. Out of the record. Mr. Clerk, House Bill 1709, Representative Sacia. Please read the Bill."

"Representative Sacia."

"Representative Ives."

"Sponsor yields."

"Representative Sacia to close."

"The question is, 'Shall House Bill 1709 pass?' All those 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? Mr. Clerk, please take the record. On a count of 111 voting 'yes', 5 voting 'no', 1 voting 'present', House Bill 1709, having received the Constitutional Majority is hereby declared passed. House Bill 3300, Representative Kifowit. Mr. Clerk, please read the Bill."

"Representative Kifowit."

"Thank you Mr. Speaker. This Bill is a Bill to help victims of domestic violence. What this Bill does is it… it requires insurance companies to provide any documentation with regards to a victim to an alternative address, alternative communication vehicle, such as direction on where the correspondence has to go, correspondence such as an EOB or any other kind of correspondence with regards to the victim or the victim's children. And I would appreciate your support."

"Seeing no debate, the question is, 'Shall House Bill 3300 pass?' All those 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? Mr. Clerk, please take the record. On a count of 116 voting 'yes'; 0 voting 'no', 0 voting 'present', House Bill 3300, having received the Constitutional Majority, is hereby declared passed. House Bill 3092, Representative Jakobsson. Mr. Clerk, please read the Bill."

"Representative Jakobsson."

"Thank you, Mr. Speaker Ladies and Gentlemen of the House. 3090… House Bill 3092 requires the Department of Corrections establish an in-house nurse registry to fill extra health positions within the correctional facilities, in order to improve staffing needs. There are sometimes, shortages of registered nurses, coupled with the elimination of mandatory overtime and by adding this nurse 09800043.doc 75  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 registry this would provide nurses to be in place and fill the positions as the Department of Corrections needs them."

"Representative Reis."

"Sponsor yields."

"That's correct."

"They would be listed as extra help within the correctional facilities."

"They would be state employees."

"These nurses will get the same hourly rate as regular time nurses. It will eliminate the need for overtime, so it actually will save the Department of Corrections money."

"The informa…"

"Representative Smiddy."

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

"Sponsor will yield."

"Thank you, Ma'am. I just have a question. Coming from the Department of Corrections regarding this issue, not all of the facilities here in the State of Illinois are… have state nurses that are actually hired by the state. They're hired by contractual entities to come into these 09800043.doc 77  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 facilities. So, when you say they're going to be state nurses, would these facilities that have only contractual nurses, how will that work in those facilities?"

"I think that's going to be worked out by the Illinois Nurses… If you need more information, I'll have to get back to you."

"Yeah, I would because with that I don't know if I could support the Bill until I would figure that out since there's to… Because of how Corrections runs, we have some… like I said, we have some places that have state nurses and then others that have contractual and they're under different things. So, thank you, but I would like to know that before I would be able to support the Bill."

"Representative Sullivan."

"Sponsor yields."

"That's correct."

"That's exactly what I'm trying to do."

"According to the Bill, yes." 09800043.doc 78  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"That's correct."

"Representative Kay."

"The Sponsor will yield."

"It's not an approp Bill and I didn't request the committee that… I didn't request it to go to one committee or another, I took it to the committee it was assigned to."

"That's correct. But keep in mind this is to help save money for the department."

"As… I did want to correct that. As far as I know they are mutual. They are… yeah, they haven't taken no position on it; they're neutral."

"Representative Franks."

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

"The Sponsor yields."

"Representative, I heard some of the prior speakers laud the Bill as saving the state money. I'm just… I'm reading our analysis, and wondering, do you know why CMS is opposed to the underlying Bill?"

"Representative, I believe they're not opposed to the changes that were made in Amendment #1."

"Okay. Because I don't know if you've seen our analysis, but it also says Wexford is opposed. I don't know what that means." 09800043.doc 80  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"That's some… yeah, it's an AFSCME connection that they…"

"Oh."

"…deal with."

"Okay. And then DOC indicated, according to our analysis, that the current shortage of nurses, an easier and cheaper solution would be to hire more nurses."

"But if they hire more nurses then they have to pay all of those benefits also and by doing this, they would be paying them their hourly rate."

"Okay. So, has there been any fiscal notes on this because if… if DOC is saying if they hired and it would be cheaper, has there been any cost comparisons to this proposal versus their proposal?"

"Yeah. I've asked both the DOC and CMS for, you know, how they would see this as a fiscal impact and they just haven't gotten back to me."

"Okay. And have you done any analysis on yours to see how much it would save? Forgetting their numbers, on… on comparing, but is there an idea of how much it could save the budget?"

"I… I didn't run the numbers, but I know if they have to hire overtime, you know, they're going to be paying a lot more than if they're just paying regular rates."

"But aren't they prohibited from doing overtime anyway, at this point?"

"They have to do overtime in emergency situations and this would even help in those situations."

"Okay. Well, thank you." 09800043.doc 81  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Representative Greg Harris." Harris, G.: "Thank you, Mr. Speaker, Ladies and Gentlemen. To the Bill. I rise in support of this legislation. Many of you were present at some recent hearings that we did on the state of health care in our correction system and how it's being delivered, where are the strengths and where the shortfalls were. During that testimony, many of the problems that were brought forward in being able to provide adequate and timely quality health care in our correctional facilities was due to a lack of nursing shortage. And there are hundreds of lawsuits that have been filed against the State of Illinois, many of which are… will settle and we're going to be on the hook for the results of those lawsuits. If we have good quality personnel who are trained, experienced, who can address a situation where a person may have had an aneurysm or may need… need assistance with an EKG or even any of the more mundane things where… in some of the current situations we've ran into problems, this will be a benefit to, you know, all of the citizens of this state. It will also reduce the litigation we find ourselves in. I support the Lady's Bill. I would ask for an 'aye' vote."

"Representative Bost."

"Representative Jakobsson to close."

"Thank you, Mr. Speaker. I think this is a really good solution to help make sure that our Departments of Corrections have nurses in their facilities all the time, when they need them. This is a way to save money, and I'm sure as many of you… as many of you have done in your districts, you've promised your constituents that you would find ways to help save the state money. And this is a way that we can do that. I urge an 'aye' vote."

"The question is, 'Shall House Bill 3092 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? Mr. Clerk, please take the record. On a count of 64 voting 'yes', 53 voting 'no', 0 voting 'present', House Bill 3092, having received the Constitutional Majority, is hereby declared passed. Yeah, House Bill 1047, Representative Durkin. Out of the record. Mr. Clerk, House Bill 1047, Representative Durkin. Please read the Bill. Please take it back to Second Reading and read the Bill. Thank you."

"Representative Durkin." 09800043.doc 83  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Gentleman moves for the adop… Representative Flowers, no. Gentleman moves for the adoption of Floor Amendment #2 to House Bill 1047. All in say 'aye', all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 3380, Representative Tabares. Mr. Clerk, please read the Bill. Out of the record. House Bill 2919, Representative Fine. Mr. Clerk, out of the record. House Bill 2994, Representative Thapedi. Mr. Clerk, please read the Bill."

"Representative Thapedi."

"Thank you, Mr. Speaker. Mr. Speaker, House Bill 2994 is an initiative of LRB. It's its first 2013 General Revisory Act. Essentially, it incorporates and rectifies scrivener' errors, other issues to make sure that the statutes are clear. There is no opposition. I have the pleasure of having Leader Reboletti joining me as a cosponsor. And I'm available to answer any questions."

"Representative Bost."

"It… it is very technical."

"Thank you very much."

"Representative Thapedi to close."

"A… again, this is a very straightforward matter. It's an initiative of the LRB. And I ask for 'aye' votes."

"The question is, 'Shall House Bill 2994 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? Mr. Clerk, please take the record. On a count of 117 voting 'yes', 0 voting 'no', 0 voting 'present'. House Bill 2994, having received the Constitutional Majority, is hereby declared passed. House Bill 2423, Representative Will Davis. Mr. Clerk, please read the Bill."

"Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. House Bill 2423 is an agreed Bill with the Med Society along with the Health Facilities and Services Review Board, and essentially tries to do two… two primary things. The first thing that it involves is language change, which limits the authority of the board to determine a physician practice… to determine that a physician practice will qualify as a category of service. What the… this is all about trying to 09800043.doc 85  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 tighten up the language because it was possible that a physician practice could have been classified as a category of service; which means that it was then subject to the authority of the board. The Med Society wanted to see how they could tighten up the language so that if a group of physicians were to get together and have a practice that they would not necessarily be classified as a category of service. Therefore, not be subject to the board's authority. The second change that it… that it deals with is that it just further clarifies anything explicitly defined as a heath care facility that will indeed be subject to the board's jurisdiction regardless of the owner. So, again, it tightens up the definition of what a category of service is and that… and that of course, if it fits the category then it would be subject to the board's authority. But the idea was to tighten up the language so that arbitrarily a group of physicians would not necessarily be categorized as a category of service and, therefore, come under the board's authority. Hopefully, I explained that decently and I'll be more than happy to answer any questions."

"Representative Bost."

"The Sponsor will yield."

"Representative Franks."

"Thank you, Mr. Speaker. Will the Sponsor yield?" 09800043.doc 86  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"The Sponsor yields."

"Representative, why do we need this? I understand they're trying to do some cleanup language, but what's the real goal here?" Davis, W.: "Well, again, I think the real goal is to make it very clear what constitutes a category of service; therefore, it would then it would be… come under the board's authority. So, Health Facilities Board felt that it needed to tighten up the language of this Act. So, they drafted the original Bill. The Med Society still felt that a group of physicians could still be categorized underneath the Act; therefore, would be subject to the board's authority. So, the Amendments have been designed to try to tighten up the language so that our… so that a group of physicians would not arbitrarily be categorized as a category service. It is clear what… it's clear what constituents a category of service."

"And what is the genesis of the Bill? Was this from the Health Facilities Planning Board?" Davis, W.: "Yes, it was. Again, as they reviewed their statute. They were just simply trying to tighten that up. The original Bill, the Med Society didn’t feel that it accomplished the original goal. So, what you see in terms of the Amendments is work between the Facilities Board and the Med Society to relieve the Med Society's opposition."

"And there was some issue about language that per… that permits for projects that have not been obligated within the prescribed obligation period shall expire on the last 09800043.doc 87  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 day of that period. So, what does that mean? What's the change there?" Davis, W.: "Not… Hold on. Repeat that question for me? I'm sure I've got an answer for you."

"There was… I guess there was two parts of what you were trying to do. One was, trying not to have physicians fall within certain definitions and the second it looks like it deletes language that states that permits for projects that have not been obligated within the prescribed obligation period shall expire on the last day of the period. What does that mean in laymen's terms?" Davis, W.: "I'm… I don’t know if I know what that means. But I think that the subsequent Amendments were gut and replace Amendments to only address the things that I just stated were part of the Amendments that were adopted as part of the Amendments. That’s my understanding, Representative. that… that what you brought up is not addressed in a Bill and that the Amendments only address the two issues that I just mentioned."

"And I'm not sure about that and that’s what I'm… 'cause our analysis says something different. Have you had a chance to look at our analysis, Mr. Davis? Take a look at our analysis under House Committee Amendment #1 which has been adopted and that becomes the Bill." Davis, W.: "I've got to find it."

"Or am I looking at the wrong one? Should I be looking at House Floor Amendment #2? I can't… I guess let me ask a parliamentary inquiry." 09800043.doc 88  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Davis, W.: "Yes, we adopted House Floor Amendment #2, yesterday."

"Okay. So, House Floor Amendment #1 is no longer." Davis, W.: "If you'd like… if you'd like the Clerk to clarify that, we can, but House Amendment… Floor Amendment #2 is what we adopted yesterday and that is the Bill."

"Okay. 'Cause our… our analysis indicates that it's still in Rules and does not show. So, I'm going to ask a parliamentary inquiry. I want to make sure. Where… what is the status, Mr. Speaker, of House Floor Amendment #2?"

"Mr. Clerk, can you give the status of House Floor Amendment #2."

"Okay. Now is House Amend… is House Committee Amendment #1 also been adopted, Mr. Speaker?"

"Mr. Clerk."

"Okay. Thank you. That will make it easier. I apologize, Will, because when I was reading the analysis I couldn’t tell what had been adopted. Okay." Davis, W.: "Thank you."

"All right. Thank you. But to the Bill briefly. I… I understand what the Sponsor's trying to do. It actually does help physicians here because they would not necessarily be under the purview of the Health Facilities Planning Board, which I think is important. But I think it still goes to a larger question of the value of this board because what this board does is it restricts access to 09800043.doc 89  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 health care, and I think that we need to be able to allow citizens to have access to health care. Mr. Sacia had a Bill, previously. We talked about and he took it out of the record and we worked on that for hospice. I'd like, hopefully, to be able to review what happens with the Health Facilities Planning Board and our policies in this state for allowing citizens to have access to health care. So, thank you, Mr. Davis."

"Representative Will Davis to close." Davis, W.: "Thank you very much, Mr. Speaker. I appreciate the previous speaker's comments. And I simply ask for a 'yes' vote."

"The question is, 'Shall House Bill 2423 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? Mr. Clerk, please take the record. On a count of 115 voting 'yes', 2 voting 'no', 0 voting 'present', House Bill 2423, having received the Constitutional Majority, is hereby declared passed. House Bill 1711, Representative Cabello. Mr. Clerk, please read the Bill."

"Representative Cabello."

"Representative Sandack."

"Sponsor yields."

"Representative Riley." 09800043.doc 91  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

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

"The Sponsor will yield."

"Representative Cabello, how about circumstances, and I'm sure they do exist, where in a previous life or circumstance some of the people that you talk about in this Bill were actually sworn and are carrying?"

"I… I understand it; I understand your Bill. But I'm just saying, I'm just trying to get clarification that if one of the people in this particular class of folks that you're talking about was actually sworn, then this would not affect them. They could continue to…"

"…have their carrying privileges?"

"Thank you."

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

"Sponsor yields." Davis, W.: "So, in our analysis, again, as I think you indicated you're trying to tighten this up a little bit, but I guess presently mayor, aldermen, village president, 09800043.doc 92  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 trustees, a marshal or a deputy marshal and policemen in municipalities are kind of the group that you're referring to in this, correct?"

"Representative Jones."

"Thank you, Mr. Speaker. Inquiry of the Chair."

"Sir."

"Does this Bill preempt Home Rule?" 09800043.doc 95  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"We'll get back to you with an answer for that question, Representative."

"Okay. Would the… would the Sponsor yield?"

"He indicates that he will."

"Representative, I noticed that the IML hasn’t taken a position on this Bill. Have you spoken to them regarding this Bill?"

"And why not?"

"The premise of this Bill has local municipal officials and yet, the IML hasn’t taken a position. In this Bill… what was the genesis of you bringing this Bill? Did you have this Bill before or somebody give you this Bill?"

"Okay. So, what happens under the scenario when you have a mayor who was a former police officer who becomes mayor? Under this Bill…

"Okay. Would you be willing to amend this Bill? Take this Bill out of the record and talk to the IML regarding some changes?" 09800043.doc 96  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Okay. Mr. Speaker, I rise in opposition to this Bill and I urge a 'no' vote on this Bill. I think this Bill does harm to misfit… municipalities. And I would appreciate getting back… if this Bill receives the necessary votes, I would like a verification and also would like an answer about the Home Rule."

"Representative, in answer to your question. It will not affect Home Rule and will take the simple Majority of 60 votes to pass. Your request for a veg… verification is… will be, you know, acknowledged. Representative Zalewski."

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

"Sponsor will yield."

"So, John, to… to the question of the concept. We're effectively changing who could be what's called a conservator of the peace… conservator of the peace?"

"And, the existing statute says village trustees, aldermen, mayors, can be conser… conservators of the peace."

"And your Bill would delete that?"

"My question for you, is when it comes to that title, conservator of the peace, isn’t it true that those individuals have to go through the training in addition? 09800043.doc 97  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 It's not as though they just grant or… grandfather the title. My understanding is the Body, back in the '90s, compelled them to go through the same training as a law enforcement official?"

"Okay."

"So, they do have to train with a weapon?"

"Yeah… and I understand what you're doing. I mean, we can argue about the merits of it. My sense is that the… many of these individuals don’t exercise their rights under the… under the statutes so… to the Bill. My understanding is men… many of the individuals don’t exercise their rights under the statute, but I just want the Body to be clear that it's not as though you are given the title of alderman or mayor or village trustee or village president and then you automatically are granted the powers of… of carrying the weapon. I just want that point to be made clear. Members can cast judgment on the Bill on its individual 09800043.doc 98  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 merits, but just… I think it's important to point that out that there's 2 hours… or 200 hours of training involved as mentioned by the Sponsor. So, thank you, Mr. Speaker, for allowing me the opportunity."

"Representative Fortner."

"The Sponsor will yield."

"Representative Reboletti."

"The Gentleman moves the previous question. Seeing no objection, the question is put. Representative Cabello to close."

Speaker Turner: "Representative Jones has requested a verification, so Members, please remember to vote your own switch. And on that, the question is, 'Shall House Bill 1711 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? Mr. Jones, do you wish to proceed with your verification? Mr. Clerk, verification is withdrawn. Mr. Clerk, please take the record. On a count of 94 voting 'yes', 14 voting 'no', 8 voting 'present', House Bill 1711, having received the Constitutional Majority, is hereby declared passed. House Bill 2620, Representative Riley. Mr. Clerk, please read the Bill."

"Representative Riley."

"Thank you, Mr. Speaker, Members of the House. Essentially 2620 would allow follow-on funds to the set of exceptions to the competitive awards process that’s currently in the Illinois Pension Code. And for the purposes of this Bill the definition of a 'follow-on fund' is essentially a private equity fund that’s been established after some initial investment that was previously procured under the competitive selection process. There are exceptions right now. Some of those exceptions include contracts that are valued at less than 09800043.doc 101  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 $20 thousand certain single source investments and so forth. So, 2620 would essentially just add follow-on funds to the set of exceptions in the Illinois Pension Code."

"Representative Senger."

"Representative Ives."

"The Sponsor will yield."

"I was not aware of that."

"This would apply across the entire state."

"Representative Franks."

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

"He indicates that he will."

"Thank you. Mr. Riley, this would exempt follow-on funds from competitive bidding?"

"The follow-up fund, yes. The underlying fund investment, of course, would have gone through the process."

"Now, is there any limitation on how much the follow-on fund could be?"

"Not that I know of, no."

"So, what would happen if the initial placement was for a million, but the follow-on was for 20 million?" 09800043.doc 102  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Well, it could be because it could be that the initial fund was a… was a very good one, a very profitable one. Often and there's no necessarily… necessary rule of thumb, but also… but often follow-on funds may be found to be more profitable. The fund manager might have been a good one and invested the underlying investment very well, so that’s… that's possible."

"I'm just not sure though why we would exempt a follow- on fund because the follow-on is just really an additional deal. It's… it's pretty separate on its own. The only reason it's follow-on is because it's somehow being tied to the previous, correct?"

"But that’s just it. If the previous investment had to go through the competitive bidding process, the follow-on fund… you know, you wouldn’t even have a follow-on fund unless the great majority of the initial investment had been funded. So, this is… I would agree with you. This is more or less a clarification of… of the process."

"I'd feel more comfortable if there was a limitation on the follow-on fund so it couldn’t exceed the original amount because I could see ways where people could get around the competitive bidding by having a smaller initial offering and then doing a larger follow on fund. So, maybe that’s something that could be discussed in the Senate."

"That… that's possible, but again, you know, one of the things that investment in funds tries to do is to try to maximize investments."

"But what I worry about though is sometimes which I've seen with follow on funds is that they hold back a 09800043.doc 103  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 significant amount of funds and then the insiders are the ones that actually benefit. So, let me give you a for instance. Say, you've got a… some type of company and they're trying to raise initial funds and initial capital. And they… and let's assume they say the par value of the initial offering is a dollar. But then they wait for the follow-on funds and since it's a follow-on and not new in their definition, even though the value of the shares may have increased to $10, they're still going to be able to sell them for a dollar par and they're going to probably sell them to insiders. And that’s what concerns me, that insiders will be making a big… get a heck of a deal on this."

"Well, Representative Franks, I… I understand your point, but you know there are fund managers. There is a board, an investment board, and then of course we have regulatory bodies that are supposed to look at those kinds of things so. Thank you."

"Okay. Well, thank you."

"Thank you."

"Representative Riley to close."

"I request an 'aye' vote."

"The question is, 'Shall House Bill 2620 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? Mr. Clerk, please take the record. On a count of 74 voting 'yes', 42 voting 'no', 0 voting 'present', House Bill 2620, having received the Constitutional Majority, is hereby declared passed. House 09800043.doc 104  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Bill 3054, Representative Tabares. Mr. Clerk, please read the Bill."

"Representative Tabares."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, House Bill 3054 prohibits anyone from using oscillating, rotating or flashing lights from any type of emergency vehicle. The Illinois State Police and the Department of Corrections support this initiative, which stems from a constituent concern… constituent concern request from State Representative Emily McAsey's district involving police impersonators. And for those of you who are not familiar with police impersonation which, especially involving vehicles, what it is, is that an impostor places police lights on a personal vehicle to… to disguise a police car and many of you may or may have had heard, but here in Springfield we have a police impersonator and the State Journal-Register wrote two stories about two instances here in Springfield. The first story was involving a man who impersonated a police officer driving a vehicle with a white light, pulled over a 16- year-old-girl and assaulted her. The second story, which also occurred in February and this occurred just recently, this occurred in February. What happened was another man impersonated a police officer was driving a vehicle with red and blue rotating lights and attempted to pull over a woman driving a vehicle. Now, the purpose of this Bill is that it would provide the law enforcement to… what it… what 09800043.doc 105  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 the purpose of this Bill is that it would allow… it would provide law enforcement the ability to deal with those that are impersonating police and emergency vehicles. The Bill would a law… would allow law enforcement to seize the equipment as well as penalize those in violation with a Class A misdemeanor. And those that are found guilty would be subject to less than a year in prison and up to a $2500 fine. So, in conclusion, Ladies and Gentlemen of the House, the Illinois State Police and the Sponsors of this measure worked very hard to provide a workable solution that would prevent this potential harm. And I respectfully request my fellow Representatives… I respectfully request your support on this House Bill 3054. Thank you."

"Representative Sacia."

"The Sponsor will yield."

"Thank you, Representative Sacia. Yes, the last Amendment made the omit of the blue light."

"And that is because the Springfield police impersonator is using that. So that was omitted." 09800043.doc 106  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"No, no, they're not, Sir."

"Representative Acevedo."

"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, I want to congratulate the Lady for… This Bill is long overdue. You see, sometimes people let a little power get to their head. For instance, a security guard when you see them on duty, he puts police on the back of this jacket. That should be impersonation in itself. You see, so many times it happened in the City of Chicago and maybe throughout the State of Illinois where individuals will pull people over and rob them, some people have been raped. Because people have these lights that they put on top of their car, it could be an old-fashioned unmarked squad car that they use and then they put the lights on top. And that's why she… she specifically states a red or blue, because a red or blue stands for emergency services. To the last speaker, I don’t think a yellow one would 09800043.doc 107  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 actually be included in this legislation, just as a tow truck driver or farm equipment. I think that what the Lady wants to really do is stop the impersonation of individuals who think they're the real police and they're really not. A security guard is not a police officer. A security guard is not law enforcement. And I think that’s what, exactly what she's trying to do is just stop these people from impersonating others. I can recall so many incidents in the City of Chicago on 26th street where the same devices were used on top of a squad car to pull over, not only undocumented citizens who didn’t know any better, but average citizens who were pulled over and held at… and robbed at gunpoint. So, I ask for an 'aye' vote, because this kind of activities we need to stop. Thank you so much."

"Representative McAsey."

"Thank you, Mr. Speaker, Members of the House. To the Bill. I also rise in strong support of this legislation, I know that Representative Tabares has worked really hard and is doing a great job presenting it this afternoon. This legislation was written actually, in conjunction with the Illinois State Police, to go after a really specific concern in our communities with regard to police impersonators. There have been instances in communities all across the state where persons have used vehicles that are outfitted to look like police vehicles, have pulled over unsuspecting citizens and have done unthinkable things. What this Bill does is very simply give law enforcement another tool. All that it does is allow for law enforcement 09800043.doc 108  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 to seize lights and indicia of an emergency vehicle from individuals who are… are engaged in this behavior. So, I encourage the Members of the Body to vote 'yes'. Thank you."

"Representative Bost."

"The Sponsor will yield."

"Yes, Representative Bost. The Bill allows you to use it for legitimate purposes."

"Representative Davidsmeyer."

"She indicates that she will."

"My apologies, Representative. Can you repeat that question?"

"They're okay."

"Representative Zalewski."

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

"Sponsor will yield."

"Representative, is this your first Bill?"

"Yes, it is, Representative. It is my first Bill."

"Okay. Well, it's a good Bill, congratulations."

"Thank you, Representative."

"Representative Tabares to close."

"Well, in conclusion, just want to mention once more that the Illinois State Police and the Sponsors of this measure have worked very hard to find a workable solution to prevent this provincial harm. And I would request a 'aye' vote from my fellow Representatives. Thank you."

"The question is, 'Shall House Bill 3054 pass?' All those 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? Mr. Clerk, please take the record. On a count of 114 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 3054, having received the Constitutional amount of votes, is hereby declared passed. Mr. Clerk, Committee Reports."

"Back to the Order of Third Readings. House Bill 1446, Representative Conroy. Out of the record. House Bill 2330, Representative Ford. Mr. Clerk, please read the Bill. Representative Ford, would you like to move this Bill back to Second to address the Amendments?"

"The Amendment was adopted yesterday."

"Mr. Clerk, please read the status of House Bill 2330."

"Please move this back to Second Reading. And read the Bill, please."

"Representative Ford."

"Thank you. I move to adopt Amendment #3. What Amendment #3 does, it's… if you all remember, this is the Bill that I pulled out of the record to work on to get the best Bill possible for the State of Illinois. So, what this Bill does it protects mothers or any custodial parent in the case of any new revenues coming to a noncustodial parent while 09800043.doc 111  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 they're in jail. So, there are safeguards in this Amendment to automatically suspend the child support suspension if the noncustodial incarcerated parent comes into funds. And I move for the adoption."

"Gentleman moves for the adoption of Floor Amendment #3 to House Bill 2330. All those in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 3319, Representative Halbrook. Mr. Clerk, please read the Bill."

"Representative Halbrook."

"The question is, 'Shall House Bill 3319 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting 09800043.doc 112  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 114 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 3319, having received the Constitutional Majority, is hereby declared passed. House Bill 2530, Representative Welch. Mr. Clerk, please read the Bill."

"Representative Welch."

"Thank you, Mr. Speaker. Before I proceed on 2530, can the record reflect that my intentions on 3319 was to vote 'yes'?"

"The record will reflect your intentions, Sir."

"Thank you, Mr. Speaker. To House Bill 2530, I'd like to first say that this is the first of probably many Welch, Ford, Hurley Bills. This Bill is a Bill with regard to drop boxes, donation bins that we see throughout our communities. These bins are sometimes owned by for profit companies and they're also owned by non for profit companies. What this Bill does is simply requires whether you're for profit or not for profit to place a sticker on your bin to let the consumer know whether you're for profit or non for profit. This is a consumer awareness Bill. It calls for transparency and it does not cost the state anything. I ask the Assembly to… the House to pass this Bill and vote 'aye'. Thank you."

"Representative Kosel."

"The Sponsor yields."

"Representative Welch to close."

"Thank you, Representative. I ask the Body to vote 'aye'."

"The question is, 'Shall House Bill 2530 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? Mr. Clerk, please take the record. On a count of 115 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 2530, having received the Constitutional Majority, is hereby declared passed. House Bill 496, Representative Chapa LaVia. Mr. Clerk, please read the Bill."

"Representative Chapa LaVia."

"Thank you, Speaker. I love the way you say my name. Can you say it again?"

"Representative Chapa LaVia."

"I like it, thank you. Members of the House, thank you. We went over this briefly yesterday. This is an initiative of ISBE and School Management and what it does is, it allows them to take some of the licensure application fees that is currently paid to teachers and adminstr… from administers to find new license renewal process. It help… that's going to help them… it's going to 09800043.doc 114  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 help them and provide them new tools so they can make sure that they're expedient when they get the licenses out. And I ask for its approval. Thank you."

"Seeing no debate, the question is, 'Shall House Bill 496 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? Mr. Clerk, please take the record. On a count of 115 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 496, having received the Constitutional Majority, is hereby declared passed. House Bill 2036, Representative Kay. Mr. Clerk, please read the Bill."

"Representative Kay."

"Representative Franks."

"An inquiry of the Chair. Our analysis indicates that Amendment #2 is in Rules, but can you please let me know what the status of House Floor Amendment #2 is?"

"Mr. Clerk, can you tell us the status of the Bill?" 09800043.doc 115  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Okay. Thank you, Mr. Speaker. Just our analysis is not up-to-date on this. Okay. So, Representative, I wasn’t sure what to read, I was trying to read the entire analysis and I'm not sure now. So, all I know is House Floor Amendment #2 is a gut and replace. Can you please tell us what it does?"

"Well ,that makes perfect sense if you give it some…"

"…yeah. I get those complaints all the time in my district. They never get response. Nobody can give them a straight answer. So, this will require that this to be posted?"

"Thank you."

"I support your Bill."

"Representative Kay to close." 09800043.doc 116  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"The question is, 'Shall House Bill 2036 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? Mr. Clerk, please take the record. On a count of 114 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 2036, having received the Constitutional Majority, is hereby declared passed. Representative Monique Davis, for what reason do you seek recognition?" Davis, M.: "Mr. Speaker, my switch is not working. I was attempting to vote 'yes' on the previous Bill. And kindly send someone down here to fix it."

"Yes, Ma'am, the Journal will reflect your request." Davis, M.: "Thank you."

"House Bill 1391, Representative Yingling. Mr. Clerk, please read the Bill."

"Representative Yingling."

"Thank you, Mr. Speaker. Today, I'm presenting House Bill 1391. This legislation was suggested to me while walking door-to-door in part of my district where residents live in constant fear of a proposed garbage incinerator being operated in a nearby dump. The presence of an incinerator at the site would cause a constant flow of garbage being shipped through this community and have a negative impact on the air quality of the surrounding 09800043.doc 117  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 neighborhood. I was especially troubled to hear that the possible incinerator site might be located just a matter of blocks away from a school. So, House Bill 1391 will provide peace of mind for the people of this community and protect the learning environment of the students by prohibiting the operation of a garbage incinerator within a mile and a half of a public school. Amendment 1 limits this legislation to Lake County, Illinois and only Lake County, Illinois. I do believe that this would be a good statewide regulation, but I wanted to make sure we could get something passed this Session to address the issue in my district. So, I'm open to any questions. And I urge an 'aye' vote."

"Representative Tryon."

"He indicates that he will."

"Representative Osmond."

"Sponsor yields."

"It's just Lake County."

"On any… any area that with… is within a mile and a half of a school."

"Yes, that would apply."

"That I'm not… I'm not clear on Zion. I'm not sure if Zion has a school within a mile and a half." 09800043.doc 119  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Yes. This is where… this is where the… the initiative originated from." Osmond: "Have you had any contact with Waste Management?"

"Yes, I have."

"Yes. My meetings with them… we tried to work out an agreed Bill, but they were opposed for the sake of being opposed."

"I'm sorry, to who?"

"No, I have not."

"Representative Franks."

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

"He indicates that he will."

"Representative, I gave you homework on this when you came to talk to me the other day, so I wanted to ask you some questions. How did you come up with one and a hal… that an incinerator cannot be located within a mile and a half from a school?" 09800043.doc 120  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Sure. You know, my belief is that we shouldn't have any sort of incineration in the state to begin with. But studies have shown, and there's one study in particular that was… that took place in 2005 that showed that… that looked specifically at incineration near schools… and it showed that there was a greater risk for… for health… for health problems amongst the student body if it was within a two miles… two miles or less. So, with the mile and a half, this was part of the reason that I had met with the industry and had come up with a mile and a half as a compromise, originally it was much larger than that."

"Okay. So, there… there is some science base to this?"

"Absolutely."

"Now, let me ask you this. In the science that you studied, how many particulates in the air are acceptable at a school?"

"Well, let me… let me get this to you. Is that based on… based on this specific study, it states that decreases in the distance of schools from the nearest municipal waste incinerator plant were independently associated with an increased prevalence in wheeziness, headaches, stomachache and fatigue."

"Oh. I know. I… I get that. And I think I want to focus on the particulates though because what would happen if a school… where I am in McHenry County there a some schools that are near quarries and gravel pits that throw a lot of particulates. And I'm wondering if there's a difference with the particulates that are in the air as a… from a gravel pit versus a… an incinerator? Is there a difference? 09800043.doc 121  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Are there… are there carcinogenics that may be found in an incinerator or are they the same type of particulates?"

"I can’t speak to… to the… to the quarry, but in terms of the incineration of trash, yes, certainly that… and that gets, you know, directly lifted out into the air for miles and miles and miles. So, it will take… it does take several miles for that to actually dissipate."

"Now, I understand that. Now, what would happen if technology changed and they were able to put scrubbers on incinerators? And would it make… and let's assume they could provide… they could produce a by-product that had much less particulates that are in the air now, and they didn't need miles and miles, in your words, to dissipate. Would this… my point is, would it make more sense to have a ban on the amounts of the particulates than necessarily having a ban on distance, especially with our technology increasing?"

"Well, that is an interesting point and that's certainly something that… that could be looked at, but right now, you know, that is a hypothetical. And I'm focused on this Bill."

"Okay. I… I'm concerned with the distance aspect. And I guess the other thing I was going to ask as I was reading the Bill, and I see it can't be located more than a mile or less than a mile and a half from a public school. What about a private school? Why were private schools not included in this?"

"It's my understanding that private schools are included." 09800043.doc 122  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"That's not what our analysis indicates. I'm going to go to the Bill text then and maybe we can read that together. But our analysis was very clear on public schools. It says public schools, if you look at line 20 on page 4."

"Yes. You're right, Jack."

"I presume that's not your intent."

"Well, it, you know, it's a school. If… if, you know, there is in interest in adding private schools at a later time, we can certainly look at doing that."

"But don’t you… don’t you think it should be amended because if your… if your real issue is safety for our children…"

"Right."

"…it doesn't matter if they go to a private school or a public school."

"Yes. You're right about that."

"All right. So, I presume you'd have this amended in the Senate should this pass?"

"In the Senate. Yeah."

"Okay. Thank you for your answers."

"Thank you for… for bringing that to my attention."

"Thank you."

"Representative Reboletti."

"Sponsor yields."

"I do know they have a host agreement. I'm not exactly sure what the language is in as it relates to a school."

"Right now, the… it's my understanding, you said, with the host agreement, they currently cannot build an incinerator on-site, but I understand where you're going with this. And… and yes, they cannot build an incinerator on-site and that protection is already in place. My constituents, though, are concerned that agreements can be changed and would like an additional layer of protection."

"Right."

"Right. And that is correct. And that goes… that goes back to originally what I had… I had said in regards to I'm aware that these exist, but my constituents are looking for an additional level of protection." 09800043.doc 124  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"For the reason I just explained, Representative. My constituents would like an added level of security."

"Representative Mayfield."

"Will the Sponsor yield?"

"Sponsor yields."

"Representative, we had a conversation regarding your legislation and prior when you were asking for support. And I asked you would it, number one, apply to current landfills, and I explained that within my district and Representative Osmond's district there is a middle school and a landfill on the exact same strip of road within a half a mile of each other. And you said, no, it would not apply to existing schools. And your… I'm sorry… to existing landfills, and your legislation does not say that. It says it will not renew their permit, so it will negatively affect a business in our area."

"No. No, that's incorrect. The… this… this is in regards to actual incinerators, not landfills. So, it's… it would… it would ban the construction of an incinerator or the renewal of an incinerator which does not exist at that… at that site."

"Are you sure?"

"I'm positive. Are they burning garbage there?"

"I believe they are."

"They're… they're burning garbage into… I… I would double-check that, Representative, because we… we looked into this and there are currently no operating incinerators in Lake County." 09800043.doc 126  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Okay. Did you call this one specifically 'cause this is an older one? They've been there for eons."

"Right. In terms… in terms of the permits that would have to been filed for that, we checked into that and there are no incinerator permits for Lake County."

"Okay. Thank you."

"Yeah."

"Representative Yingling to close."

"This is an issue that's incredibly important to my constituents. It's also an issue that, I think, we should be looking at at a larger state level. I would appreciate your support. And I would appreciate an 'aye' vote for the people of the 62nd District. Thank you."

"The question is, 'Shall House Bill 1391 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Members, please record yourself. Representative Smith. Mr. Clerk, please take the… Mr. Clerk, please take the record. Representative Yingling. Representative Yingling."

"I will postpone that. Thank you."

"Mr. Clerk, please post… put this Bill on the Order… Order of Postponed Consideration. House Bill 3271, Representative Ann Williams. Mr. Clerk, please read the Bill."

"Representative Williams."

"Thank you, Mr. Speaker. This Bill simply establishes a Multiple Sclerosis Task Force within the Department of 09800043.doc 127  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Public Health. As we all know, MS is an incredibly complex disease that can result in severe… severe disabilities. Rather than consider various issues piecemeal, we are hoping the task force will take a careful look at the Illinois statutes and determine where we need to make changes to accommodate those with disabilities. I'd be happy to answer any questions."

"Seeing no debate, the question is, 'Shall House Bill 3271 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? Mr. Clerk, please take the record. On a count of 113 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 3271, having received the Constitutional Majority, is hereby declared passed. House Bill 1929, Representative Reboletti. Mr. Clerk, please read the Bill."

Speaker Turner: "Gentleman from DuPage, Representative Reboletti."

"Seeing no debate, the question is, 'Shall House Bill 1929 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 110 voting 'yes', 4 voting 'no', 1 voting 'present', House Bill 1929, having received the Constitutional Majority, is hereby declared passed. House Bill 2832, Representative Lang. Mr. Clerk, please read the Bill."

"Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. This is a Bill filed by… requested by the Recorder of Deeds of Cook County, Karen Yarbrough to… to alleviate fraudulent filings that have happening over and over and over again. When it was originally filed, it would have enabled her to pull something out and not record it, and so, the realtors, some of the title companies were opposed. The Amendment that's now on the Bill requires all deeds and all documents to be 09800043.doc 129  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 recorded, and then they go into a system if her office thinks they're fraudulent where they can investigate them, give people notice, et cetera. I should tell you that the realtors are no long… are not yet on board, but they are on board with sending this Bill to the Senate for further debate. And I would ask your consideration."

"Representative Bost."

"That is correct, Sir."

"Representative Lang to close."

"Vote 'aye'."

"The question is, 'Shall House Bill 2832 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? Representative Currie. Mr. Clerk, please take the record. On a count of 103 voting 'yes', 11 voting 'no', 0 voting 'present', House Bill 2832, having received the Constitutional Majority, is hereby declared passed. Representative Flowers, for what reason do you seek recognition?"

"Thank you, Mr. Chairman. I would like the record to reflect that had I been at my seat I would've voted 'no' on House Bill 1929." 09800043.doc 130  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"The Journal will reflect your request. House Bill 2646, Representative McAsey. Mr. Clerk, please read the Bill."

"Representative McAsey."

"Thank you, Mr. Speaker, Members of the House. This is the initiative of the Illinois State Bar Association. One of the results of the home foreclosure crisis throughout our state is a situation where homes that go into foreclosure that are in condo associations have a situation where condo assessments have not been paid. This legislation is a change to existing law to try and create more balance and certainty with regard to the payment of assessments by the new buyer of the depart… homes that are in these associations. So, it would require nine months of payment of regular assessments. Again, this is the initiative of the Illinois State Bar Association. It is also supported by the Illinois Realtors. I'm happy to answer any questions."

"Representative Franks."

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

"She indicates that she will."

"Representative, what's the present law when someone buys a foreclosed property? Is there any requirement that they pay unpaid condo assessments?"

"Yes, there is. So, currently, there is a requirement that the new buyer is paying six months of assessments, but there's a lot of uncertainty with regard to… in addition to 09800043.doc 131  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 those six months, legal fees that are accruing. So, this Bill is really a compromise that's allowing for nine months of those assessments, but its precluding additional legal fees. It also is working to establish a more certain time line with regard to making sure that those condo associations are providing information about the amount of those assessments that are due which is all really important information with regard to financing these real estate transactions, making sure that this information is available sooner and not surprising at the closing table."

"Our analysis indicates that the Association of Condominiums and Townhomes are opposed as is the Illinois Credit Union. Has that been alleviated with the Amendments?"

"The… the Association's organization is opposed. They want for these innocent buyers who are coming in to purchase these homes actually to have to pay more. They would like for there to be a longer period of months. And so, for that reason, you know, they want more money and they remain opposed. It's my understanding that the credit unions have some opposition because, in some circumstances, they're actually negotiating, and they have been paying some of these costs for buyers. So, again, it's about costs that may fall into their lap."

"To the Bill. And I appreciate that. And I reluctantly have to rise in opposition to the Lady's Bill. What this Bill does is it picks winners and losers in the foreclosure situation where many people could lose. And when a foreclosure's filed, inferior lienholders are knocked out, 09800043.doc 132  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 meaning if they've got a lien and they have a claim and they have a judgment and they put that against the property, those people get nothing. Oftentimes when the lender… or most of the time, when the lender has to foreclose, the lender will lose between 30 and 45 percent of the principal balance. It doesn't seem… but it doesn't seem to make sense that the condo association would be the one to get nine months of payments from an innocent buyer when they're not the ones who, first of all, incurred the expense. And secondly, they're enriching someone outside the chain that's typically done when there is a judgment. Now, if the condo association presently has the ability to place a lien on the property and collect like every other creditor and they can go… they can go personally against the condominium owner who hasn’t paid like any other judgment creditor. But what they're asking to be done here, is to be treated in a super priority position and other creditors who may have had a lien much before the condo association are told to pound sand while the condo association is getting the money. I think that's unfair. I think we should maintain 200 years of jurisprudence. And I'd ask people to vote 'no'."

"Representative Dunkin."

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

"Sponsor yields."

"Representative, I'm trying to understand this… this piece of legislation and follow the previous speaker's remarks. You say the condo associations, townhouse 09800043.doc 133  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 associations they're all against this because they want to extend time or…"

"Right. Right. So, they would like… where is… what this legislation is doing is creating a certain amount of time, nine months. They would like for these innocent buyers, people who hadn’t known this before or owned the property before, to be responsible to pay even more money to these condo associations. You know, and perhaps there are other peo… individuals, be it lenders perhaps, who gave the mortgages in the first place, but with regard to getting our housing market back on track, it's… I… I believe that it's really important that we have a system like this where there is balance, there is certainty where we don't hit a point where now we're tipping the scales and we don’t even have buyers who are interested in going into the foreclosed property market."

"So, why go from six months to nine months? I mean, it's a… why… why… is that a short variance of time or should it be longer or should it be less?"

"Well, it's a variance of three months. And in addition to that variance of three months, right now there's a lot of uncertainty with regard to legal fees. This would set forth, clearly, nine months without the need to be filing other legal actions, accruing additional legal fees and expenses. So, this, we believe, is a good compromise."

"So, if… if the intent is to eliminate the ambiguity, so that means the condo association, to Representative Franks's point, they would receive first… their lien would be stronger or they'll be paid first?" 09800043.doc 134  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"The… the condo association will be recovering some of the assessments depending on the length of time that a unit was in foreclosure. Yes, this will make condo associations, property associations stronger because they will be recovering assessments that they otherwise would not."

"Sure. So, typically that does not happen? It goes to the… to the lienholder, to the bank who owns it or does it go… what's sort of the pecking order of who gets paid first?"

"With… with regard to, you know, just with regard to these assessments, right now, under current law, the buyer coming in can be responsible for six months as well as attorney's fees and other expenses. So, this is setting up clearly nine months regular assessments."

"So, the only difference that this is making is you're going from six months to nine months?"

"Essentially. And providing certainty about exactly what the expenses are so there are no surprises at the closing table."

"That the con… that the bar should be aware of, but the condo association is going to get that up front before… first and foremost before anyone else."

"The condo associations, upon the closing of the property transaction, they would be paid the assessments."

"Okay. And I can support that. But I'm just… I'm still perplexed of why… 'cause I've worked with the con… some of these organizations who are against your legislation, you know, I've worked with them before 'cause I have a substantial amount of condo associations in my district. 09800043.doc 135  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 I'm trying to figure out sort of what's that particular issue that they have. I don't see… is it another year they're asking for, another three months, six months?"

"They would like…"

"They tend to be pretty reasonable."

"Right. They want more than nine months. So, one of their proposals has been 12 months, but they certainly want more and… and this is the Bill that's before us is nine months."

"And this is the only… that's the only sticking point that they have, extending the time?"

"They… they may have other concerns, but that’s the… the chief one that I'm aware of."

"What are some of those other concerns?"

"I can't speak to all of their concerns."

"Okay. So, there are a lot of concerns. All right. Again, it's… I'm just trying to get some clarity so I can know whether to sup… I don't know if I'm going to support this or… or not support it because I need to know. I don't want to go against those individuals who are… I live in a condo and I… believe you me, those individuals who don't pay their assessments and we do from garbage pickup to insurance to water, you know, to gardening services, cleaning services that's pretty critical. But for me not knowing exactly why the condo associations are opposed and the credit union, of all places, is really concerning to someone like myself."

"So, again, the condo associations, their chief concern, as they’ve communicated it to me, is that they 09800043.doc 136  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 want more than nine months of regular assessment, so they'd like a greater time period. They, also, want additional assessments, for example, special assessments. And I spoke to the credit union's opposition that, as I understand it, in some situations they have been negotiating and absorbing some of these costs. They do not want to see their costs increase. So, here we have one group that wants more and is in opposition because they want more. We have another group who is in opposition because they're fearful that they will be paying more out of pocket on account of this legislation. So, I think that that tends to show that this is a good compromise Bill."

"All right. I'm going to wrap up. This is my last question. So, is it appropriate now, Representative McAsey, to run the legislation now or to hold off and maybe add an Amendment? If it… let's say this passes, would you be willing to hold it to add an Amendment or come up with an agreed Bill when it comes back from the Senate?"

"I would like to move the Bill as it is right now. Certainly, if there are additional conversations in the Senate, I'm not opposed to additional conversations that occur over in the Senate."

"Well…"

"But I believe, that this Bill as it stands is a good compromise as it is and provides balance and certainty in this difficult time right now with these foreclosed properties."

"Sure. But… so, I'm trying to get some clarity. Are you will willing to negotiate further and to get all of the 09800043.doc 137  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 principals who, yeah, three… four major sponsors against the Bill whose sole purpose is to work with condos and townhouse associations?"

"I don't know that all of those groups can come to the table. We've already had some negotiations. So, I can't honestly stand here and say that, yes, there could be some agreement in the Senate. I'm not opposed to conversations continuing, but we've already had the conversations and negotiations. And this is the approach that has been widely supported by the realtors, the State Bar Association. And I would appreciate your support."

"Thank you."

"Representative Nekritz."

"Thank you, Mr. Speaker. To the Bill. I would like to address the comments for the Gentleman from McHenry who laid out this scenario where we are going to be setting up a super priority for the… for these condo assessments. The fact is that we made that policy decision years ago in this General Assembly, that priority exists. The only question in this Bill is whether it's six months with a larger group of expenses or nine months with a smaller more well-defined group of expenses. That's the question raised by this Bill. Not the… that the policy question is to whether or not we're going to have this priority lien was decided by this General Assembly years ago."

"Representative Cassidy."

"Thank you, Mr. Speaker. Question for the Sponsor."

"The Sponsor yields." 09800043.doc 138  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"I'm looking at the analysis. There… one of the other things that you… you mentioned to one of the previous speakers that there were… they had some other concerns. In looking at the analysis, trying to figure out what those concerns might have been, is it… is the shortened time frame for some of the disclosures an issue that they raised?"

"Right now, under current law, the time period for the disclosures is 30 days. Initially, I had introduced the Bill with a 10-day disclosure. One of the concerns that they had was with the length of time as did committee members. So we introduced an Amendment to address that now allowing the Association 15 days to respond and provide those disclosures. So, yes, that was one of the concerns."

"And they remain concerned about that?"

"Whether or not they remain concerned about that, I… I believe that they probably would prefer to have a longer amount of time, but…"

"And what was the motivation for going down from 30 days?"

"The motivation, really, for a number of reasons. So, in terms of providing more certainty earlier when these transactions are pending to make sure that buyers really know what they’re getting into early on. And it's also really important in terms of the financing of the transaction. So making sure that lenders have the appropriate information that they have, again, with regard to financing transactions." 09800043.doc 139  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Thank you. To the Bill. Like my neighbor over here, I… I represent an enormous variety of… of condos in my district and associations of all sizes, and I have attempted to address the impact of the foreclosure crisis on those associations. One of the biggest things we've seen is that there are buildings that… that have foreclose… that hang on to foreclosed properties for years and years and years. So, the difference between six months and nine months, when you've been carrying an empty property with no assessments for multiple years, I can see why they would remain concerned about that. And again, you have varying sizes of associations, and so the impact of that unpaid assessment is different depending on your size. And the impact on… of the amount of time would depend, a large, professionally managed building could pos… probably comply with a two-week deadline much more easily than a smaller building that is volunteer run. I… I want to get some relief to these associations. I don't know that this is the vehicle to do it. I… I would love to see more changes. I… I don’t know that I'm comfortable supporting it yet. I know that the associations are desperately in need of help. We've got… we've got associations facing their own financial crises because of the… the number of units they carry. So, thank you for trying. And I hope we can get closer to a real solution."

"Representative McAsey to close."

"I appreciate the thoughtful debate, and I ask for your 'aye' votes." 09800043.doc 140  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"The question is, 'Shall House Bill 2646 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? Mr. Clerk, please take the record. On a count of 41 voting 'yes', 70 voting 'no', 4 voting 'present', House Bill 2646, having failed to receive the Constitutional Majority, is hereby declared lost. Representative Walsh, for what reason do you seek recognition? Representative Drury, for what reason do you seek recognition?"

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

"Please state your point, Sir."

"On House Bill 1929, I was recorded as a 'no', and I should have been recorded as a 'yes'. I'd like the record to reflect that."

Speaker Turner: "The record will ref… will reflect your request. House Bill 11, Representative Flowers. Mr. Clerk, please read the Bill. Mr. Clerk, please move House Bill 11 back to the Order of Second Reading and read the Bill, please."

"Representative Flowers."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Amendment #4 is the Amendment that was 09800043.doc 141  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 worked out by the Credit Union. And it provides that upon receiving notice of a foreclosure…"

"Excuse me, Representative. I'm sorry. Are we addressing… we're addressing Floor Amendment #5. Is that correct?"

"We are addressing… 4, Amendment #4. I'm moving for…"

"Mr. Clerk…"

"…the adoption of Amendment #4."

"Mr. Clerk, will you tell me the status of… Please hold."

"So, on Amendment #5, Representative Flowers."

"Will you take the Bill out of the record, please."

"Mr. Clerk, please take the Bill out of the record. House Bill 1532. Out of the record. House Bill 2661, Representative Gabel. Mr. Clerk, please read the Bill."

"Representative Gabel."

"Thank you, Mr. Speaker. This Bill adds a test to the newborn screening program that is a test will… can test newborns for critical, congenital heart defects. It's an agreed upon Bill. The Hospital Association agrees. And it will be for all birthing hospitals." 09800043.doc 142  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Seeing no debate, the question is, 'Shall House Bill 2661 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? Mr. Clerk, please take the record. On a count of 115 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 2661, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Committee Reports."

"House Bill 2199, Representative Durkin. Can we… Mr. Clerk, can we move that Bill back to Second Reading for an Amendment and read the Bill?"

"Representative Tryon."

"Gentleman moves for the adoption of Floor Amendment #1 to House Bill 2199. All those in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Representative Durkin, Amendment #2."

"The Gentleman moves for the adoption of Floor Amendment #2 to House Bill 2199. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 3236, Representative Lilly. Mr. Clerk, please read the Bill."

"Representative Lilly." 09800043.doc 144  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Thank you, Mr. Speaker. As amended, this Bill extends the reporting deadline for Eradicating Domestic Violence Task Force to April 1, 2014. That's the only change. This passed out of the House last Session; we just need to extend the deadline."

"Seeing no debate, the Lady moves… the question is, 'Shall House Bill 3236 pass?' All in favor say 'aye'; all opposed say 'nay'. All oppose… 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? Mr. Clerk, please take the record. On a count of 115 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 3236, having received the Constitutional Majority, is hereby declared passed. House Bill 1532, Representative DeLuca. Mr. Clerk, please move this Bill back to the Order of Second Reading and read the Bill, please."

"Representative DeLuca."

"Thank you, Mr. Speaker. I would like to withdraw Amendment #3."

"Mr. Clerk, please withdraw Amendment #3 from House Bill 1532."

"Third Reading. House Bill 3229, Representative Nekritz. Mr. Clerk, please read the Bill. Mr. Clerk, please 09800043.doc 145  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 move this Bill back to the Order of Second Reading and read the Bill, please."

"Representative Nekritz."

"Thank you, Mr. Speaker. Floor Amendment 3 further limits the applicability of the… of the school zone restrictions."

Speaker Turner: "The Lady moves for the adoption of Floor Amendment #3 to House Bill 3229. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 1338, Representative Sosnowski. Mr. Clerk, please read the Bill."

"Representative Sosnowski."

"Representative Kelly Burke." Burke, K.: "Point of personal privilege."

"Wait 'til we finish this Bill, Ma'am." Burke, K.: "Oh."

"Seeing no further debate, the question is, 'Shall House Bill 1338 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? Mr. Clerk, please take the record. On a count of 115 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 1338, having received the Constitutional Majority, is hereby declared passed. Representative Kelly Burke." Burke, K.: "Thank you, Mr. Speaker. Point of personal privilege."

"Please state your point." Burke, K.: "I'd like to direct your attention to the back of the gallery where a family from my district, Oak Lawn, is present. Sarah Dynia is a sophomore at Mother McAuley High School, and is in Springfield today to receive the Governor's Volunteer Award. She's one of four teens from the State of Illinois who've received this award for her extraordinary volunteerism with the developmentally disabled at Park Lawn in Oak Lawn. I'd like to welcome Sarah, her mom, Laura, and her father, Mark, to Springfield."

"Congratulations and welcome to your Capitol. House Bill 2606, Representative Mautino. Mr. Clerk, please 09800043.doc 147  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 read the Bill. Mr. Clerk, can you move 2606 back to Second Reading and read the Bill."

"Representative Mautino."

"Thank you. Floor Amendment #2 is a technical Amendment. I'd ask for your 'aye' vote."

"The Gentleman moves for the adoption of Floor Amendment #2 to House Bill 2606. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 1816, Representative Reboletti. Mr. Clerk, please read the Bill."

"Representative Reboletti."

"Representative Lang."

"Thank you. Will the Sponsor yield?"

"Sponsor yields."

"Thank you. Representative, I want to make sure my analysis is correct. My analysis says that it will allow a fact finder to infer that the defendant is guilty of reckless driving if the defendant did previous acts or the defendant basically ran somebody over. Is that right?"

"So, doesn't this kind of flip the burden of proof on its head to say that the trier a fact can infer guilt?"

"That case you cited, is that an Illinois case?"

"Thank you."

"Representative Brady."

"He indicates that he will."

"Representative Will Davis." Davis, W.: "Very quickly, will the Spen… Sponsor yield?"

"He indicates that he will." Davis, W.: "So… so, from the reports that were filed, the police reports that were filed, so if there's no police 09800043.doc 151  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 report that says there was texting involved, they can't infer that or anything like that. So it has to be from the reports that were filed on the accident that allows then the state's attorney to be able to look and say these three things happened according to the reports and the citations; therefore, we can reasonably assume that maybe they all happened at the same time."

"Representative Reboletti to close." 09800043.doc 153  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"The question is, 'Shall House Bill 1816 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? Mr. Clerk, please take the record. On a count of 114 voting 'yes', 1 voting 'no', 0 voting 'present', House Bill 1816, having received the Constitutional Majority, is hereby declared passed. Leader Lang in the Chair."

"House Bill 2360, Representative Kelly Burke. Please read the Bill."

"Representative Burke." Burke, K.: "Thank you, Mr. Speaker. This is an initiative of a …the various condo association boards. It addresses a situation in which the Second District Appellate Court found a concurrent duty to maintain within the duty to pay assessments and said that the duty to maintain could be raised as an affirmative defense in a situation where a condo association is seeking to recover unpaid assessments. We had a lengthy discussion on this when it was last up and since that time I think the proponents and I were able to do some outreach and education to the Members and… and let them know the effect of this Bill… of this ruling which, if allowed to stand, would really hamper associations and their ability to do their functions which is to maintain 09800043.doc 154  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 for the common good of all the owners, the property. And if this ruling is allowed to stand, if we don't change the law to address this situation, condo associations, homeowners within those condo association and homeowner associations, run the risk that their properties will be devalued because if people can withhold their assessment it impacts the associations' ability to provide for the common function. So, I ask for an 'aye' vote. I'd welcome any additional questions. I think we've covered most people's questions in our conversations, but I'd be happy to take any more."

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

"Representative Monique Davis." Davis, M.: "Thank you, Mr. Chairman. Will the Sponsor yield?"

"Lady yields." 09800043.doc 155  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Davis, M.: "Representative Bel… Kelly Burke, I'm sorry. I think you had this on Postponed Consideration?" Burke, K.: "Yes." Davis, M.: "Okay. What has happened since to make it a better Bill?" Burke, K.: "Nothing. But what we've done is, I think, Representative, when you're… when you're talking about the Code of Civil Procedure, it's a pretty arcane concept for most people who aren't attorneys and even attorneys who don't practice in this area. Explaining the ins and outs and the complexities of the law can be a little daunting. So what we did is we went back and talked to Representatives who had some questions about this Bill and I think for the most part we've satisfied their concerns." Davis, M.: "Well, I think the concern was we couldn't, I mean, if a person owed condominium fees… Can you go back over that?" Burke, K.: "Right. So, I think that was your concern, Representative and other people had different concerns. So what I can offer today is what we discussed, you know, after the Bill, that this Bill is not foreclosing any opportunity that currently exists to redress those problems. And in a different forum or a different context, I am open to finding other ways, short of going to court, for condo owners who are dissatisfied. But that's not this Bill, that's a different Bill, but I would be thrilled…" Davis, M.: "You know it was, I know what is…" Burke, K.: "…to work with you on that." 09800043.doc 156  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Davis, M.: "…it was like if… if there were a problem, the condo owner didn't have the right to withhold association fees, is that correct?" Burke, K.: "That is the current…" Davis, M.: "Okay." Burke, K.: "…state of the law every…" Davis, M.: "that…" Burke, K.: "…where except the 2nd District." Davis, M.: "…that they couldn't hold association fees and that they would have to go to court?" Burke, K.: "That is the current state of the law everywhere except the 2nd District and almost every state in the United States." Davis, M.: "So, that puts us where the condominium owner, if he withholds fees, then he…" Burke, K.: "He cannot wi… under this law, which is reflective of the law before Spanish… the Spanish Court's decision, and also most other states, they are not promises that are mutually, they're not… one is not dependent on the other. There is a duty to maintain…" Davis, M.: "Is is Representative Thapedi on this Bill?" Burke, K.: "…there is a duty to pay." Davis, M.: "Is he on this Bill, Thapedi? Is he a Sponsor?" Burke, K.: "He is not a Sponsor, no." Davis, M.: "Okay. Because I think we heard from him before about, it left the condo owner without any… a real avenue of…" Burke, K.: "Representative, there are plenty of avenues that a condo owner has right now including representation on the 09800043.doc 157  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 board and a separate cause of action against the condo association for the failure to… or the alleged failure to maintain. It's… it's that it can't…" Davis, M.: "See, let me… let me give you my… let me give you my concern…" Burke, K.: "…we don't think it's within this particular Code." Davis, M.: "There is a lady that I know who lives in a condo and her roof is leaking and the assoc… she's on the board, but they refuse to fix her roof. So hold on, so now the walls are being destroyed and they refuse… she's a senior citizen, and she had planned to spend the rest of her days in this location. So, you're saying she has to go into court and take action rather than withholding her fees?" Burke, K.: "That is correct. But what I'm suggesting, Representative, is that there… this is… this gives us… there are opportunities to discuss finding other ways to deal with those types of problems. I don't think this Bill is the place for it. I would be thrilled to work with you on coming up with, like Representative Nekritz has an ombudsman… condominium ombudsman Bill. I know the Department of Professional Regulation has said that they would be part of a task force to find alternatives to court action, whether it's mediation or the ombudsman thing. The place is not in the Code of Civil Procedure. Those are… those are summary in nature; they're designed to be not a trial situation. It's… it's just… this is… this is not the correct vehicle. I'm… be thrilled to talk with you about a different vehicle, but this isn't it." Davis, M.: "Okay. Thank you, Representative." 09800043.doc 158  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Representative Feigenholtz."

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

"Sponsor yields."

"Representative Burke, I know that many of us have been talking to you about this Bill and I have, probably have, one of the most densely populated condo owners in the 12th District. So, one of the reasons I think this Bill failed and a lot of people have questions about it is because of… we get calls in our district offices for condominium owners who are aggrieved by these kind of situations and they have no recourse, they have nowhere to go because most of their associations have the means and the lawyers to kind of, it's a greater-weaker kind of a situation. I appreciate the fact that you, just a few moments ago, talked about the ombudsman program. I believe when he was still in this chamber, Representative Osterman also along with Representative Nekritz, tried to get somebody in State Government to actually represent some condominium owners. And so it's… it's nice to hear that you're willing to do it, but it doesn't sound to me like there's any takers. So, for those of us who struggle with what to do with this Bill, I'm wondering what kind of a response you might have gotten from IDFPR…" Burke, K.: "So…"

"…about, you know, I mean you've… you sound like you know you've gotten some attention on it. Did you get a commitment for anything?" Burke, K.: "What… what I, my conversation with the director was talking about exploring alternative venues other than the 09800043.doc 159  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 courts for these types of… for these types of disputes. And so what he has a… said that he would be part of or his department would be part of, is whether it's a task force or someway to… to have these talks. If we want to put together a task force to figure out where this should be housed and what the venue should be and what the alternatives for a dispute resolution are between the boards and owners, I think that would be a really worthy project and I'd be happy to work with you on it."

"I appreciate your commitment on that and we have many hearing officers and adjudication bodies in State Government and why we can't seem to find a place to put this is beyond me. It's what makes voting for something like this challenging, but I appreciate your effort. Thank you for your answers."

"Mr. Franks."

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

"Lady yields."

"Representative, we dealt with this about a month ago and I'm not sure if I remember all the specifics… I'll wait 'til you are ready." Burke, K.: "I'm so sorry."

"That's okay. We dealt with this about a month ago and I'm not sure I remember all the specifics, I want to try to get caught up." Burke, K.: "Sure."

"Is this the Bill where there's presently a case in front of the Supreme Court?" Burke, K.: "One in the same." 09800043.doc 160  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Okay. And the Supreme Court is yet to rule, correct?" Burke, K.: "Correct."

"So we're trying to change the law prior to their ruling?" Burke, K.: "Yes."

"And it won't apply retroactively, I take it, it would just be prospectively?" Burke, K.: "Exactly."

"Okay. Now, in your argument, I heard you earlier, you're saying that people who are condominium owners, that are homeowners, they would not have the ability, if the condo association was trying to evict them for nonpayment of their condo association fees, that they would not have the ability to withhold their fees if the condo wasn't taking care of the common areas, correct?" Burke, K.: "Correct. And what I wanted to point out is that the 2nd District case is, appears to be an anomaly. There's a 1st District case which holds that under this section of the Code of Civil Procedure, the forcible entry and detainer, that the only, only matters that are germane to the action can be raised. And… and alleging that there's a dut… alleging a counter claim pretty much or a defense that that there was a failure due to maintain is not germane to that proceeding. I mean, these are summary in nature, they're not designed to be, you know, big fights. And the majority, the overwhelming majority of jurisdictions in the United States, do not recognize this concurrent duty to maintain, duty to pay assessments. So, it's… it's an outlier." 09800043.doc 161  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"So, the irony of your argument there is… that you're asking folks to trust the court system and to use the court system, but you're asking us to change the law before the court even rules." Burke, K.: "But what I'm saying is that there is… there are remedies out there. One is before it even gets in the court to take… I mean, boards are self-governing; they are neighbors governing neighbors. Your immediate solution is to become a member of the board and push for the policy change or the direction that you want. The other is through the court system. But what if… what I was saying to both Representative Davis and the previous speaker, is I'm open to figuring out an alternative… an alternative way to resolve these disputes and I think the…"

"I agree with you." Burke, K.: "…condominium association, so…"

"There ought…" Burke, K.: "…it's just not, it's not… in this Bill."

"There ought… so, I don't like this Bill for that reason. I think they ought to have an alternative dispute resolution here because it is neighbors governing neighbors. But here's the deal, this is someone who owns their home, whether it be a condominium or whatever it is, they own their home. And the condo association is saying, even though you own your home and you might have paid your entire mortgage off and you don't owe a penny to the bank, we're going to throw you out because you have not paid your condominium assessment. Now, you might have a very… you might have a very good defense because you might be paying 09800043.doc 162  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 hundreds of dollars a month for your condominium assessment and then it's being squandered or it might not be… There could be malfeasance, there could be misfeasance; it just could be people not doing their job, or you might have a genuine dispute. But this is such a high priority, we're talking about someone's home that you're asking them to be dispossessed of their home, that they may have paid for in full, without the ability to have the defense of withholding their payment for someone who may not be doing their job. I think we ought to have an alternative dispute resolution, but I don't think we should be able to throw people out of their homes because they haven't paid and then not giving them an opportunity to use that as a defense." Burke, K.: "Representative, the flip side of that is you… is you're allowing… under your scenario, you're allowing a minority group of people, you know, let's… let's say it's a 20-unit building. You have 5 people who, for various subjective reasons, have decided that they don't like what the condo association is doing in terms of maintenance. They withhold their assessment, then what happens? Then… then the improvements the people want can't be done…"

"Not necessarily." Burke, K.: "…because there's no reserve. Taxes can't be paid, garbage can't be picked up, water bills can't be paid, all those things. So, you are then jeopardizing the…"

"But the assoc…" 09800043.doc 163  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Burke, K.: "…investments and the property and the values of every single person in that development on the whim of five people."

"But the association does have a remedy. And the remedy is to use the courts. And they can either place a lien and sometimes even in the documents that they're able to place a lien non-judiciously and they can pick… place a lien without having to get a judgment for that… for the person not paying. That's number one, so they already have one remedy. Second remedy, if they wish, they could take the homeowner to court to enforce it. I know you don't want to do that because of the length of time it could take in a Cook County courthouse. So, I think what we ought to do is not pass this Bill but instead maybe have an alternative dispute resolution, a rocket docket type of thing, to have people to be able to take this 'cause you're worried more about the time because you al… you, meaning the association, because the association already has a multitude of remedies; whereas, the homeowner does not. The homeowner can use self-help in this state, but this would be taking that away. So, to the Bill. And I appreciate what the Lady's trying to do, but there's a better solution here. I'd ask people to vote 'no', like we did last time. We should go back to the drawing board, we should negotiate an alternative dispute resolution to keep it quick for everybody, to protect everyone, but this Bill is so heavy- handed that what it could do is take away somebody's home because they are protesting the nonprovision of services. I think its poor public policy and I'd ask for a 'no' vote." 09800043.doc 164  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"The Chair would like to remind the Members that we've already thoroughly debated this Bill once. There are three people wishing to still speak on this Bill, Representatives Nekritz, Riley and Thapedi. I would ask that they be brief because, again, we've already debated this Bill. Representative Nekritz."

"Thank you, Mr. Speaker. To the Bill. This is, I agree, a very close call and there are certainly bad actors on the association side that refuse to maintain, refuse to uphold their obligations as a board. But I think that this is the kind of situation where we… we need to come down on the side of this Bill in order to prevent the situation where bad actors on the other side destroy the… as destroy home values for those who are paying their assessments and those who are doing everything they're supposed to do. When you buy a condominium, you buy in under a condominium declaration that obligates you under contract to pay those association dues and if you fail to pay those association dues you don't just affect yourself, you don't affect the board, you affect every other unit owner. So, I think that this is a really important policy decision for us to be making. I'd love to do… no one more than me would love to do an alternate dispute resolution. I've had a Bill for four or five years to do exactly that and I cannot find a home for it in the State of Illinois because no one seems interested in taking this issue on. I'm hoping that this Bill will spur some folks over in the maybe in the Executive Branch, and the Attorney General's Office to recognize that this is a very serious problem. There are 09800043.doc 165  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 lots of condominium owners who are suffering under boards that don't do what they're supposed to do and it's too… and it's too expensive to go to court. This Bill, I think, is the right policy decision and then maybe we can tackle that alternative dispute resolution. And I'd urge you all of you to look at my Condominium Ombudsman Bill as a mechanism to do that. Thank you."

"Mr. Thapedi."

"Thank you, Mr. Speaker. And I will be brief. Will the Sponsor yield?"

"Lady yields."

"Representative, do you recall when we had extensive debate on this the last time that you and I went through the procedural history in the courts as to how the case was proceeding?" Burke, K.: "Yes."

"And currently the case is still before the Supreme Court, correct?" Burke, K.: "Correct."

"And for some reason the Supreme Court has not yet ruled but yet you still want to proceed forward at this point. Is that correct?" Burke, K.: "So, they've not yet heard oral arguments, and as you know Representative being an attorney that it, who knows what the court's going to do and it could end up being on remand, which means we start all over again. So, I think providing certainty for this… these situations is our… is my goal and… and the goal of the proponents and I think this Bill does that." 09800043.doc 166  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"And I certainly understand that and Representative, you and I are friends, we went to the same high school, we're both lawyers and… and we play to win and I understand that. But I do have to tell you that I was told, by one of the lobbyists, for one of the organizations that is a proponent of this Bill, that they would not be running the Bill, that they were going to give the Supreme Court the opportunity to rule and make that decision because that particular lobbyist felt that that was indeed the appropriate thing to do. So, having said that, will you remove and take the Bill out of the record until we can confirm what that lobbyist… what the intention of that trade organization is?" Burke, K.: "I've been in contact with both those trade organizations today and they have never indicated that they wanted to do anything other than run the Bill."

"That's what they told you? Okay. Mr. Clerk, what is the status of this Bill?"

"Mr. Clerk."

"And?"

"Are you asking what Amendments are on the Bill, Sir?"

"I'm just asking in general, yes, what is the status. Are there Amendments on the Bill, are there any notes, is there anything on the Bill?"

"Mr. Speaker, to the Bill. Ladies and Gentlemen of the House, I do not fault the Sponsor here. She's an honorable, hardworking Legislator; she's also a lawyer that plays to win and I can appreciate that. The fault here lies with lobbyists, quite frankly and greedy lawyers, who are driving this Bill, who makes millions of dollars in this area of the law, off of the backs of condo owners. There are several reasons to vote against this Bill and I'm going to tell you why. First, this can truly be a better Bill. I personally agreed to work with the lobbyists and their lawyers to craft something that would ensure that the condominium associations can, in fact, remain viable and not subject to recalcitrant or scamming unit owners who simply want to be deadbeats and not pay their assessments. They refused to negotiate. In fact, as I said earlier, they told me that they would not be running the Bill. For an example, this Bill could be drafted to apply to smaller associations that would be more susceptible to gains by owners. I was happy to work with them on that issue. I was happy to give them language that they could accomplish that. But not surprisingly, they would not negotiate. They would not negotiate because they have one goal and one goal in mind. That is to circumvent the Illinois Supreme Court. They know that when the court goes up and they make a decision on this case that they're going to lose. They know that, Ladies and Gentlemen. So, that's why they're 09800043.doc 168  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 utilizing this Body to try to circumvent the process in the Illinois Supreme Court. Secondly, I offered an Amendment that cures some of the problems. And if the Democratic Members will look at their analysis for a moment, they will see that my Amendment is still in Rules and is actually supported by the Condominium Association, they're opponents, yet at this point the Amendment is not approved for consideration and it's not before you. Thirdly, as written this is a bad Bill. Those of you that are considering voting 'yes', take a moment to watch the board and see all the red that goes up, and I'm going to tell you why all the red goes up because our respective staffs have looked at the Bill and they know that this Bill is about bad government and bad policy circumventing and completely going around the doctrine of separation of powers. Lastly, as I said before, the Supreme Court is gearing up to hear oral argument on this case as we speak and the lawyers that are involved are potentially going to lose millions of dollars and they're using this as a tool. Many of you know that I'm a straight shooter and I'm always been happy to negotiate Bills that are in the best interest of the people of this state, but when you're faced with lobbyists and greedy blood sucking lawyers who are not telling the truth and are not being honest, it's time for me to speak up and do something about it. I ask you to either vote 'no' or vote 'present'. And Mr. Speaker if this Bill does, in fact, receive the requisite number of votes, I would ask for verification. Thank you." 09800043.doc 169  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

Speaker Lang: "Your request is acknowledged. Representative Burke to close. The Body will restrain itself. It's getting late in the day. Please proceed to close." Burke, K.: "I'd just like to thank the Members for this very spirited debate and in a closing comment, the previous speaker had discussed an Amendment that he filed, the Amendment is not productive. It would basically gut the Bill and say that there is a defense. It is totally… it's not even an Amendment. It… it's simply just trying to make the… make the proposed Bill toothless. So, I don't think he is being straightforward in what that Amendment does. So, I… I… anyone who has condo associations, this is obviously a difficult issue. I have pledged to work with other Representatives who are interested in this issue to get people on board to come up with an alternative dispute resolution. But in the meantime for the good of all owners of a condo association or homeowners association, to protect their property values, to protect their investments, I urge you to vote 'yes'. Thank you."

"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? Have all voted who wish? Please record yourselves. Davis, Jakobsson, Mell. Will Davis. Please take the record. On this question, there are 47 voting 'yes', 66 voting 'no', 2 voting 'present'. And the Bill fails. Mr. Clerk."

"Mr. Clerk, House Bill 2470, Mr. Turner. Please read the Bill."

"Mr. Turner."

"Thank you, Mr. Speaker, Members of the Body. House Amendment #1 to House Bill 2470 streamlines and clarifies some of the expungement process by… these changes are intended to ensure that the expungement and sealing process is consistent with the Code of Civil Procedure and that the petitioners will remain informed throughout the process. I would like to debate the Bill on Third renmen… on Third Reading and adopt the Amendment."

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

"Mr. Turner."

"Floor Amendment #2 is just some technical cleanup language. I'd like to adopt the Amendment as well. Thank you." 09800043.doc 171  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

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

Speaker Lang: "Third Reading. House Bill 997, Mr. Phelps. Please read the Bill, Mr. Clerk."

"Leader Currie. It is my understanding that all Amendments are to be withdrawn and that Mr. Phelps is going to proceed on Amendment 9. Is there any objection in the Body to Amendments 1 through 8 being withdrawn? Seeing none, Mr. Clerk, withdraw Amendments 1 through 8. And please proceed with Amendment 9, Mr. Clerk."

"Mr. Phelps."

"I'd just like to have Amendment 9 adopted and debated on Third, please. All right, thank you…"

"Mr. Phelps, the Chair's made a decision that we will debate this…"

"Okay."

"…on Second Amendment."

"Fine."

"Please pro… Second Reading. Please proceed." 09800043.doc 172  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment 9 to House Bill 997 is a new version of the Concealed Carry Bill that we've been working on for years. This is a combination of at least four different concealed carry Bills that we've done here on this floor in the past. We believe we made a lot of necessary changes to make this Bill the best Bill that we've had in a long time. Let's back up and revisit, too, where we're at today and why we're doing this and why we need to do this. December 7th the 7th Circuit of Appeals came down with a very harsh mandate that said we must pass something reasonable within 180 days. It also said that Illinois's ban on conceal and carry is unconstitutional. So, they gave us 180 days and the cliff, as we call it, is June the 9th. So, if we do not pass something reasonable, which we think we have here in Amendment 9, constitutional carry could set in meaning that if you have a valid FOID card in the State of Illinois you will be able to carry anything you want, wherever you want. And I don't think a lot of people that are planning on voting 'no' on this this evening understand what that means. So, to protect your districts I would say let's get on board 'cause this could be our last chance to passing something by June the 9th, and there's too much uncertainty, so that's something that each and every one of you need to think about tonight if you're planning on voting 'no' on this Amendment. I ask for this passage."

"Mr. Phelps, the Chair has relented. We're going to adopt the Amendment and then take this right to Third Reading. Those in favor of the Amendment say 'yes'; opposed 09800043.doc 173  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

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

"The Sponsor's already explained the Bill. The Amendment became the Bill. By agreement between both sides of the aisle, there will eight speakers. The speakers have already been chosen. I will tell you who the speakers are. These will be the only eight speakers we have. The Democrats will be Representative Zalewski, Cassidy, Costello and Mautino, with Mr. Phelps to close. The Republicans will be Mr. Kay, Unes, Meier and Bost. First speaker is Representative Zalewski."

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

"Sponsor yields."

"Okay. Thank you, Mr. Speaker. And Representative, I mean, we've talked about this issue and there's nothing that I'm going to ask you that's meant to disparage your hard work on this or… or in any way do anything other than flush out what's before the Body. So, at the outset I want to say this. But I want to first talk about the penalties within the Bill, with respect to what happens if this Bill were enacted. Can you explain to me what the penalty would be if a person were to carry a weapon within a prohibited area?" 09800043.doc 174  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Yes. Thank you, Representative. I know we've talked about this before. So, the first offense is a Class B and then the second offense is Class A and then finally the third offense would be revocation of the permit, the conceal cur… permit."

"So, under current law, and correct me if I'm wrong, but under current law, if a person is… has a… has a firearm on their person and they're in a prohibited area such as a school, a park, mass transit, what… wherever, what are they guilty of under current law?"

"On the UUW it would be a Class A misdemeanor."

"And what if they have a prohibiting factor, such as they have a prior felony in their background, what are they guilty of then?"

"Yeah. It's… Class… yep, Class 4 felony."

"Class 4. So, in effect, we are rolling back the penalty enhancement for the penalty of carrying a weapon with the enactment of your Bill for a first-time offender?"

"Well, the thing about this though, Representative, is that felons are not going to be able to have a concealed carry permit to begin with."

"No, and I get… I understand, Brandon."

"Or a FOID card for that matter."

"So… But my question is, we're going from under… well you just said, a Class A misdemeanor to a Class B misdemeanor."

"Yeah. Class B, Class A, third offense is revocation. 'Cause remember, these… the bad guys already have the guns. We're setting up parameters with this, Amendment 9, to make 09800043.doc 175  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 sure the good guys have the guns. And you know, with the people that's going to be vetted to try to get this… the training and try to get this permit, they're going to have the training. They're going to have the background checks, more than one because #1, to get the permit you got to have background check for that, to get the gun you have to have another background check and then the State Police does another background check. So, we've got more background checks than any other 'shall' issue in the country."

"To… to my next question, Representative, you're… tell me the status of a person with an out-of-state carry permit under your Bill?"

"It's a… we got different states in there. We are going to allow reciprocity with a few, not all, states: Arizona, California, Florida, Iowa, Kentucky, Michigan, Minnesota, Missouri, New Mexico, Ohio, Tennessee, Texas and Wisconsin, and I believe that is reciprocal to a Florida license."

"Rep… Representative, are you sure about that?"

"It's because, and the reason why we did that is because they had similar training to what we're trying to do. And they also go through background checks like we're trying to do."

"And Representative, okay. Well, we'll get to that question. Some states have fewer training hours than other states, correct?"

"Absolutely."

"So, for instance, Utah, what is their training requirement?" 09800043.doc 176  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Four. And that's what we started out with Representative, as you know, was 4 awhile back."

"But, you bumped it up to 8, right?"

"We went from 4 to 6 to 8. And now we have 8 with the live fire exercise. So, we think it's going to be 10 and that's the intent."

"So, why would someone in Utah have to have fewer training require… hours than someone in Illinois? Personally, for the… for the person… I mean, why would we want to have our citizen's train more than the person from Utah?"

"Because every… there are Legislators on our side more… more than anybody, Representative Zalewski, that wanted more hours of training because they said that would make a difference for them to vote on this. We've always given, as you know, we have worked on this very hard and tried to come up with the best concealed carry Bill we have, and I got to say, I ran a lot of them, this is the best one that we think we have."

"I… I think it's as… Representative, I commend you on how far you've come, I just, there's some questions we have. I mean, on page 19 line 23 what I read is those states with substantially similar laws include, but are not limited to: Arizona, California, Florida, Iowa, Kentucky, Michigan, Minnesota, Missouri, New Mexico, Ohio, Tennessee, Texas and Wisconsin. So, you…"

"There's two… there's mainly two types of permits out there that a lot of people get and a lot people from our state have, one's Florida, one's Utah. We are not going to 09800043.doc 177  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 recognize Utah because we don't think they have a sufficient amount of training; therefore, if they want Illinois, they're going to have to apply for it."

"But… but to my… but to my question, Brandon. You said a minute ago you limited to those states and… and the language says substantially similar to and they're not limited to those states. So, can you clear up that discrepancy?"

"Yeah. The State Police does that, Representative, to set up reciprocal agreements."

"Okay. My next question, Representative, is with respect to…"

"I wish you would have brought these up before. I never heard you talk about these, Mike."

"I know, Representative; I understand. Local law enforcement, under your Bill, could you describe for us the process and the local law enforcement has objection to someone having a permit."

"Yeah. Local law enforcement and local sheriffs, and I want everybody to pay attention to this 'cause this is a safeguard we put in, local law enforcement and local sheriffs' offices can flag or file an objection on anybody that they know of that they don't think should have a conceal carry permit."

"But under…"

"We put that safeguard in there because we believe that they, a lot of local law enforcement and local sheriffs, know the people in their areas better, so we allowed that to… actually, for some of us we didn't want that, but we 09800043.doc 178  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 thought that would be a safeguard because we're trying to make this Bill as reasonable as we can."

"Under your Bill, the objection by local law enforcement has to be connected… physically attached to the application?"

"Yeah. Correct."

"So, who, and I'm not asking to be glib here, who would apply for a permit and first go to their local sheriff or police superintendent and say, can you tell me if you object to my application before I apply?"

"We… the way we understand that, Representative, is that the State Police would contact you if you had filed… tried to file an application. You may not know that the local law enforcement and sheriff is going to object to your issuance, so therefore you would probably get contacted by the State Police."

"No, but my understand… the language says they have to be… it has to be attached to the application. So, why would someone applying for what… what would… what would induce someone to say I want to apply for this, I'm going to go first see if there's any objection from my local law enforcement official? It's not a question of people that don't abide by the law. I don't know that law-abiding people would want to go through that bureaucracy. Why do you do it that way in the Bill?"

"It may be in a drafting error, Representative. I see what you're saying, but I mean, that's not the intent to me." 09800043.doc 179  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Okay. I mean, I understand. The next question I have is, the State Police, they're the ulti… yours is a 'shall' issue… 'shall' issue Bill, correct?"

"Correct."

"The State Police is the issuing agency?"

"State Police is the issuing agency."

"They, under your Bill, if there's an objection, if the person wants the… if the person manages to get the application in and has the objection with it, submits it to the State Police, the State Police doesn't have to consider that objection, correct?"

"Yeah, that's correct. They do not have to… it's at their discretion."

"Would… Brandon, would you give any thought to… to asking the State Police to… to compel them to consider the objection? I mean, if this local law enforcement agency has that much of a concern, why shouldn't the State Police have to consider that?"

"Yeah. We don't want to give complete discretion to a full body without (unintelligible)."

"And that’s fair… that's fair enough. I mean, I guess I would say that there's an objection, and we want the State Police to… to consider these objections. Giving them discretion is… is what some of us would consider to be is reasonable."

"I don't think there's very many states in the country the… Remember, we're the last ones. We're… everybody remember that you're Illinois, we're the last ones to have conceal carry. I don't think there's any of the safeguards 09800043.doc 180  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 that allows local law enforcement to object in most other states."

"Representative…"

"That would and… yes, and because, remember, the more discretion you have this turns into a 'may' issue and you saw what 'may' issue happened yesterday."

"No, and I understand and I'm not trying to… Representative, I… I have a couple more questions and then I'll wrap up. In your Bill, if… if a local municipality decides to implement more restrictive measures, what… what affect does your Bill have on a municipality's ability to regulate its… its firearms?"

"We… and this is a big issue because number one or number two either wherever you want to rank these 'shall' versus 'may' and preemption. We want preemption because we believe, and what Judge Posner believes in the 7th Circuit, that there should be one uniform law that everybody knows about. And therefore, that's why we don't want to give up preemption."

"So, in your Bill there would be no ability for a Home Rule unit to have any say over… over anything with respect to firearms?"

"There's limited authority by local governments is what I'm being told, but also to control their own property… to control their own property. And for example, like City Hall, so to speak, can't go in, can't carry in there. But we just believe there should be one uniform law because we think that we would make law-abiding gun owners criminals because he or she are not going to be able to, when they 09800043.doc 181  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 travel around different towns, know what that ordinance is. And you're making law-abiding gun owners criminals. And we don't think that's right."

"And I don't think it's right ei… and I don't think it's right either, but we're trying to resolve some of these concerns some of us have. What happens if a person… what is the liability a person has, say, a homeowner, a business entity, a college university if they decide they wish not to have someone possess on their property?"

"Yeah. There's nothing in the Bill that relates to their liability. There's civil immunity, but any entity that permits carry on its premises is granted immunity from all civil suit based on its decision."

"So, anything that happens the… the owner of that property is immune from civil liability?"

"Yes."

"Can you explain why that’s a good policy judgment?"

"Mr. Zalewski, after this question can you bring your remarks to a close, Sir."

"I will."

"Thank you."

"What… what I'm sorry, Mike, what'd you say?"

"Why is that a good policy judgment?"

"'Cause that’s what some Legislators wanted. They wanted to be able to take that liability off it, too, of the business owner and homeowner and things like that."

"So, Brandon…" 09800043.doc 182  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"So, that's why we did that, we were asked to put that in. 'Cause like I said, this has been a… this has been worked on for many, many years in many different versions."

"Thank you, Brandon. I'll bring my remarks to a close and speak to the Bill. There… there are some things that I think, if we could just tighten up within the constructs of your Bill, and I tried to go through some of them, we… we would… I would support your Bill. I mean, I asked maybe five minutes of questions, and there are things that can be easily resolved. And then I think you'd have the necessary votes to comply with the judge's order and give your constituents and law-abiding gun owners the desire they… their wish to… to carry and to protect themselves and assert their Second Amendment right. And you're… we're almost there, in my opinion. I just wish we could address those concerns. So, thank you for answering my questions, Brandon."

"Ladies and Gentlemen, I'm going to begin to use the five-minute timer. The next speaker is Mr. Kay for five minutes."

"Ladies and Gentlemen… excuse me, Mr. Kay."

"Ladies and Gentlemen, it's a very serious issue; many people have been waiting to debate this for some time. Let's keep the noise down. Let's finish this debate and move on with the rest of our business, please. Please, Ladies and Gentlemen, please. Mr. Kay." 09800043.doc 184  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"The Chair recognizes Mr. Costello. For five minutes."

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

"Gentleman yields."

"Mr. Phelps, could you quickly explain the mental health component of this Bill, the changes that have taken place?" 09800043.doc 186  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Yeah. Thanks, Representative, and I want to thank you for many hours that you've helped on this as well. But we moved the fee up. If you remember, Ladies and Gentlemen, we had it first at $25, we moved it to 80, now we have it to $100. And let me explain this about… 'cause this is the first time we've ever done this. We are letting… we are allowing $70 of the 100 to go to the Illinois State Police to administer this program. We're also doing something new, which a lot of you wanted, we are taking $30 and putting it in, creating a fund where it helps our mental health reporting that is a travesty right now today as all of you will agree. So, we are trying to help the mental health reporting. We're going to try to help speed up the FOID car… right now, 'cause there are not a lot of FOID cards being given out timely. So, we… we think we have a good model on the fees. Okay. And then… and then, the training we've had from 4 hours to 6 hours to 8 hours, and now we have 8 hours plus live exercise… fire, live fire exercise which we think it'll be a total of 10. So, we've moved that up. And the penalties, which I know Representative… wanted, we upped the penalties 'cause before they were petty offenses now they're B… Class B, Class A and revocation. So, we… we've put in some more prohibitive locations. I'm just… we keep giving and we keep giving and we keep giving."

"And Mr. Phelps, that's a terrific point and that's exactly the point I wanted to bring up is this has been something where there's been a compromise that's truly been worked upon. Ladies and Gentlemen, to the Bill. I want to 09800043.doc 187  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 tell you the Second Amendment of our Constitution gives you the right to bear arms, not own arms, bear arms. And I want to talk to you about a Supreme Court case which is Muscarello v. United States in 1998. And I want to give you a quote from Justice Ginsburg from the Supreme Court, 'Surely a most familiar meaning is as the Constitution's Second Amendment indicates wear, bear or carry upon the person.' The Second Amendment gives you the right to bear arms. We, in the State of Illinois, currently are denying our citizens that right. We believe Justice Ginsburg is correct. I also want to give you some stats here real quick and… and I want you to listen to these 'cause at first you may think I'm on the other side. Nationally, I want to tell you first, murder rates have gone down 50 percent in this country over the last 20 years. Murder rates have gone down 50 percent in the last 20 years. In 2012, there were 500- plus murders in the City of Chicago, 435 of those were committed with guns. In 2012, 319 students in Chicago pu… from Chicago Public Schools were shot, 24 of those died. Ladies and Gentlemen, since 2001 more than 2 thousand U.S. troops have been killed in Afghanistan, since 2001. At that same period of time, more than 5 thousand people have been killed in the City of Chicago. Chicago's murder rate is quadruple New York's and it's double that of Los Angeles. There's a very smart man known as Albert Einstein that said, 'The definition of insanity is doing the same thing over and over and over again and expecting different results.' The gun laws in Chicago, the tight gun laws do not work and the statistics prove that. When the handgun 09800043.doc 188  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 ban was lifted in 2010, you know what happened in 2011? Homicide rates in Chicago went down 14 percent, violent crimes went down 9 percent and property crimes went down 1 percent. By the way, the source here is the Chicago P.D. and also the FBI Uniform Crime Report. I would also tell you the FBI Uniform Crime Report says in states that concealed carry is implemented there are 22 percent lower violent crime rates, 30 percent lower murder rates, 46 percent lower robbery rates, 12 percent lower aggravated assault rates. These are FBI statistics. We're under a court order to issue some reasonable form of concealed carry. We believe we have a very reasonable form of concealed carry in this Bill. This Bill sets one standard for people in the United… in the State of Illinois, it doesn't discriminate against citizens on any socioeconomic issues. I urge an 'aye' vote. And I ask you to support the Second Amendment. Thank you."

"Mr. Unes for five minutes."

"Sponsor yields."

"That is correct. And to be honest with you our side, we wanted pass through. For example, let's take Representative Bost and myself district, Southern Illinois University where State Route 51 goes between the campus. We feel that if you're in your car and you're doing a pass 09800043.doc 189  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 through, that should be okay. So, yes, this was agreed language from the previous Bill. And we just want the pass through language."

"Representative Cassidy for five minutes."

"Thank you, Mr. Speaker. Inquiry of the Chair. How many votes are required for passage?"

"This Bill preempts Home Rule and requires 71 votes."

"And I'd like to request verification if it achieves that."

"That request is acknowledged."

"Many of the previous speakers have referenced yesterday's debate, and clearly, we do simply come at this from different perspectives. I agree that this Bill in some ways is better than previous versions, there are other ways in which it isn't. One major concern, this Bill widely expands the definition of a handgun. Under this… under this Bill, a person could freely carry a concealed handgun with an attachable high capacity magazine and a laser siting device. This is not something I would want to see on a CTA train in my district. The Red Line runs through my district and this Bill specifically prohibits… or specifically allows that… that people can carry on mass transit. Anyone who has ever ridden the Red Line, anyone who listened to the debate on the Amendment that passed with 65 votes, has heard very clearly what our train and bus system is like 09800043.doc 191  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 and what the impact of having armed people in that congested environment could possibly be. Carrying in prohibited areas, there are a significant number of prohibited areas under the Bill, but nothing… carrying in a prohibited area is a misdemeanor regardless of how many times you do it, and nothing triggers revocation of a carry license no matter how many times you willfully violate those prohibitions. Playgrounds, everybody knows that I talk about my kids a lot. Playgrounds are… are not exempted. Private owners can designate areas to be prohibited on their own property except a commercial or residential private landlord cannot prohibit lessees from carrying or possessing firearms either within the building or while walking to and from the building. What we're saying here is it requires a private building owner, whether residential or commercial, to allow carrying firearms within their own property. For the first 10 years of my kids' lives, we lived in a two flat that we owned. We rented one of the units out. We shared common areas with our tenants, and I would have to allow my tenant to possess a firearm. I would not be able to prohibit carrying a firearm in my home. We referenced the… that nothing triggers revocation of a carry license and the minimal penalties for… for carrying in prohibited areas, but a Home Rule unit would be liable for all costs, fees and damages, punitive and actual, to anyone impacted by a rule or ordinance related to firearm regulation. The application, which the Sponsor talked about the fee, and it is a higher fee and there are some… some clever… some clever, 09800043.doc 192  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 thoughtful ways that the fees will be distributed. However, the Illinois State Police says it will cost at minimum $80 per license whether it's the first time or the renewal. So, from the very start we will be running at a loss. The fee will not cover the cost of the program. Any… any Illinois resident with a carry license from another state can carry as… as of the effective date of the Bill, no need to register with ISP or take the required training even if your carry license comes from a state with less training requirements. Ultimately, this isn't soup yet. We all know that we are operating under this deadline. We all know that we come at this from different perspectives. I spoke yesterday, very sincerely, of my respect for the differences in our communities, and I am asking for that same respect. I grew up in an area where hunting was… is a very popular pastime, I respect that. I… I have all the respect in the world for the Sponsor and the proponents of this Bill. The only hunting that's happening in my neighborhood is of young men. More guns are not the answer to our gun problem in Chicago. Please, let's get to the table, let's get a solution that respects the differences between our communities. There is a solution, and there is time. This isn't soup yet. Vote 'no'."

"Mr. Meier for five minutes."

"It appears that we're going to add a Member to each side of the aisle. The next speaker will be Representative Will Davis for five minutes." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Gentleman yields." Davis, W.: "Representative Phelps, as I've had some dialogue with you about this, of course you know for me that leaving duty to inform in this Bill doesn't help me at all. We're clear on that, right?"

"Yep. We talked. I know the last time we brought this up you and I discussed this and I know you said there was no language that could make this better, that you just wanted the duty to inform to be out, that the reason why we have so many law enforcement Sponsors or proponents of this Bill is because of the duty to inform because of their safety." Davis, W.: "Okay. Fair enough. So, as I was trying to peruse the Amendment, let me just try to ask a few questions. Does this Amendment restrict the number of weapons an individual can carry at one time?"

"Say that again, Will? I'm sorry." 09800043.doc 194  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Davis, W.: "Does this… does this Amendment restrict the number of weapons that an individual can carry at one time?"

"No, it does not." Davis, W.: "It does not?"

"It does not." Davis, W.: "So, if you're talking about reasonableness with this, then why would you allow… I mean, an individual could feasibly carry six, seven weapons on their person. So, again, if you're talking about reason… reasonableness with that, why wouldn't we restrict the number of weapons an individual can carry?"

"These are individuals… remember now, these are individuals that have passed numerous background checks that has the proper training…" Davis, W.: "Brandon…"

"…and has a FOID card, so they're law-abiding gun owners." Davis, W.: "So… so, let me ask, so I'm ignorant to this. So, can a law enforcement officer carry as many weapons on their person as they want to?"

"I believe so." Davis, W.: "They can?"

"I think it's up to their bosses, I believe." Davis, W.: "Do we… do we know that for certain?"

"Most, yes, most… most law enforcement… Representative Costello was a law enforcement official, and he says that, yes, a lot of them have backup." 09800043.doc 195  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Davis, W.: "Well, I know they've got backup. So, I know they carry, I guess, a primary and maybe have a backup on their ankle or something like that."

"Sure." Davis, W.: "So, I'm talking about more than two. Do they generally carry more than two weapons?"

"I… I don't know that, Representative Davis, I don't… I don't know that, I'm not an official or police officer, but I think there's one in the car, there are multiple guns in their car, their trunk. They could have multiple… they could have two on each hip, one on their ankle, I'm not sure. But I think these are hypotheticals. I don't see where other states that have conceal carry had this has never been a problem." Davis, W.: "Okay. So, all right, got it. So, on… in that Section about restrictions, one thing that I want to be clear. It appears that an individual who may be able to carry is prohibitive from carrying a weapon in our parking lot of Stratton Building, but it doesn't prohibit me from allowing someone to come into my office with a weapon?"

"Yes." Davis, W.: "My district office."

"No. Here's what we did Representative. We… I know you're going to… this was big for me, and I think it would be big for a lot of us. My district office is in Harrisburg, Illinois. We put in the Bill where it is up to the General Assembly Member, you, to have the discretion if you want to allow concealed carry or not. It is up to each 09800043.doc 196  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 and every one of us. We thought that was the right thing to do." Davis, W.: "That is not how I understand."

"That is the intent of this. There is… we… with this drafting, that is the intent, Representative. And I'm saying it on the record." Davis, W.: "Well, I understand the intent. So, you're saying that's the intent, but if it's different than what the language actually says…"

"I will be glad to do a trailer Bill or a technical Amendment in the Senate or we can do it right after this. But that is the intent and the agreement that we had that it's up to each… you can't bring it in government buildings, but we can put them in the parking lots because we think we should allow the law-abiding gun owner to be able to safely store his or her concealed carry weapon in their car, glove box, trunk, things like that." Davis, W.: "I'm clear. And let me just read. It says, except that nothing in this Section shall prevent a Member of the General Assembly from allowing licensees to carry a firearm into his or her district office. I'm reading the language."

"And Representative, like I said, that might be in there, but the intent and I will do a change, that we want to leave it up to the discretion of the Legislator, only in the district office 'cause you can't bring it into the Stratton Building anyway 'cause it's a government building." Davis, W.: "Correct. So, as my time is running out, can you tell me why there is such a difference between a school and 09800043.doc 197  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 a library? Because the language says that a school you just have to notify the appropriate personnel or receive authorization from personnel and then that authorization or that personnel would then have to then inform the local law enforcement. But with a library you have to get authorization from that governing board to be able to walk into a library, and then the board's responsibility then would be to notify law enforcement. Why is there such a difference between school and library in that case? And then, also, what about a library that’s in a school?"

"It's the consent of school authorities, Representative Davis." Davis, W.: "Right, consent of school authorities. But a library it says you have to get consent of a bor… the governing board. Why is there such a difference between schools and libraries?"

"The library is governed by maybe the city, Representative Davis. I mean, you know, so, we just think it should be up to their discretion and basically those are prohibit… prohibitive locations."

"Representative…"

"Matter of fact, Representative Davis, this is… a lot of people who don't really want to hear this but this is probably the strictest 'shall' issue Bill in the country…"

"Representative Davis, could…"

"…the one I have up here right now."

"…could you bring your remarks to a close?" Davis, W.: "Absolutely, absolutely. Well, just briefly, to the Bill, Mr. Speaker. And as I stated before, I understand 09800043.doc 198  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 that we have to embrace something that the courts have required us to do. And I think it's always been the intent of Members, particularly from this side of the aisle, to talk about where we think there should be restrictions on this, restrictions. Now, whatever the court said, and I didn’t read the opinion, it doesn't mean that you just have to open it up for any and everybody to be able to go any and everywhere they want to go carrying a weapon. I don't think that that was the intent of the court's decision. It just simply said that you have to have… be able to have a concealed carry law in the state. So, again, in our efforts to try to embrace what the Representative wants to do, I just think that this is going way too far, way too far. And I hate to say it, but unfortunately, I think this will actually get worse in our state before it ever gets better. Many of you will probably argue that now I'm able to protect my family, you know, I feel safer and I understand. I understand. But one of the things that we try to mitigate here are the issues that we have, unfortunately, in the City of Chicago. So, when you take this and overlay it into the City of Chicago, I think you're going to have more incidences that are going to happen when this becomes law than anyone would ever imagine. And I hope that we're prepared. As a matter of fact, I hope that we're willing to stand up and give moments of silence to all the individuals that are probably going to get harmed as a result of this kind of very open and unabridged, if you will, conceal and carry that we're going to have here in the State of Illinois. I appreciate all the Sponsor's work, everything 09800043.doc 199  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 that he's attempted to do. And again, as this Bill moves over to the Senate, I hope that we'll be able to continue to have dialogue and offer some ways in which to restrict this. We need to restrict this, Ladies and Gentlemen. It should not just be open-ended the way it is now. Thank you."

"Mr. Reis for five minutes."

"Mr. Mautino for five minutes."

"Thank you, Speaker, Ladies and Gentlemen of the House. I rise in support of the Gentleman's legislation. And over the past 20 years, it's been very, very rare that we have had the opportunity to vote on Third Reading, on a Bill which is supported by the Illinois State Rifle Association, by the National Rifle Association, which has been negotiated and gone through some very, very heavy and important changes in the course of the last few days. I commend the Sponsor also Representative Bost and Sullivan, Representative Bradley for their work on this issue. In the course of the last four weeks, we have heard gun Bills and 40, 50, 60 separate Amendments all talking about some of the differences between the different regions of the State of Illinois and what should be included, what should be excluded. Representative Phelps has taken much of the language from the Bills that all of us have voted for in one form or another and placed them in his legislation, in 997, the idea being to create a commonsense rule for the State of Illinois. Now, the courts have come down and they have said that we have to make a decision and to address a situation where the clock is ticking. In the beginning of 09800043.doc 202  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 June, then we will back at the court with the stay, we will have a potential for open carry. Whether you are a supporter of the Phelps Bill or some of the City of Chicago Bills, no one wants an open carry situation. In the course of all the Bills that we talked about, we said there needed to be a mental health component. There is a mental health background check component. It is comprised in the fees that were structured by Representative Phelps. It cost $18 to get the background check. There's $30 in there to administer it and purchase the background check. There is $70 which is in that fee and that is to help process and make sure the cards can actually be done. We need to work together, as a Body, to address what the court has said has to be done. We don't want to get to that point or get over the cliff. The Cook County State's Attorney, her senior staff came to our hearing and said on the 7th of June he would still enforce AGG UUW statutes as he is doing now. In saying that, it's almost like he said the Federal Courts are advisory only. Well, Ladies and Gentlemen, we have two previous Governors that will tell you the Federal Courts are not advisory only. We have to take an action. And I think this is a commonsense, solid Bill which contains almost every one of the prohibited areas that both side said should be under consideration. It has training at twice the level of the original Bill. And it has recognized courses that can be designed and structured by the State Police for approval and have range time. We need to take an action. We need to do something that will put us in compliance with the courts but also make sense for the 09800043.doc 203  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 people who live in the City of Chicago as well as Cairo and the rest of downstate or Cairo for those of you from Cairo. Okay. So, I would rise in support. I want to thank the folks who have worked together to put together a meaningful, sensible Bill that meets the requirements of the courts and that's what's lacking in the other Bills that we saw. It does not meet that requirement and it puts all of our areas at risk. So, to those that said they would vote for this and keep it moving forward, I would hope that you would keep to your word, keep working with us and let us continue on to get a fair, decent law that works for all the people of the State of Illinois. Vote 'yes'."

"Mr. Bost for five minutes."

"Mr. Phelps to close."

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. Let me clear up one thing first. On the penalties, it's legislative intent: Class B; second offense, Class A and revocation of the permit is for the third offense. I want to clear that up 'cause many have asked about that. To the Bill. Representative Bost is right, we didn't throw this together overnight. This is over decades of people trying to run something, but now it's different. We have a court order that we must… that we must deal with. To some of the points on the crime, let's… let's begin there. As we know, and I think a lot of people cannot deny this, Chicago and Cook County have the strictest gun laws in the country but lead in the most shootings and the most murders in the country because the criminals know they don't fear retaliation. That's why I don't think there's anything wrong with you being able to protect yourself and your family 'cause most of the shootings are happening on the streets, not in the homes. 09800043.doc 206  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 FBI Uniform Crime Report again, let's go over this again. Twenty-two percent that have… state's have concealed carry, 22 percent decrease in violent crime, 30 percent decrease in murder rates, 46 percent decrease in robberies, 12 percent it's a decrease in aggravated assault cases. I think the proof is right there. And by the way, if it's so scary, why hasn't there been one other state in this country repeal concealed carry? Because it works. And we really know it does down deep and down deep there… you know your constituents want this and they need this. For the first time ever, we're trying to fix the mental health reporting fiasco that we have. It's in here and it's only going to get better. A lot of you said last time that if you brought 148 back up on the floor, you would pass it. Well, this is better than 148. And if we don't get something done because of the court mandates, constitution carry sets in on June the 9th. Now, we've talked about the wild, wild west. That, my friends, will be the wild, wild west if we go off the cliff June the 9th. I urge an 'aye' vote. We know this is the right thing to do. We have to do this. And Ladies and Gentlemen, this may be our last chance, our last chance to get something reasonable done. I urge an 'aye' vote."

"Ladies and Gentlemen, two things from the Chair. First, this Bill requires 71 votes. Second, Representative Cassidy has requested a verification. Please vote your own switches and be in your chairs. All 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? 09800043.doc 207  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 64 voting 'yes', 45 voting 'no', and 4 voting 'present'. Mr. Phelps."

"I ask for Postponed Consideration."

"Bill will be placed on the Order of Postponed Consideration. Ladies and Gentlemen… Ladies and Gentlemen, I'm going to ask to keep order in the chamber. The time is 7:09. We've got a lot of Bills here to go through. So, I'm going to ask you to be brief in your comments, and let's move through these Bills. We're doing Bills on Third Reading. The first one is House Bill 2695, Representative David Harris. Please read the Bill. Did you wish to move this back to Second, Sir?" Harris, D.: "There… thank you, Mr. Speaker. There is a… a technical Amendment on Second, if… I'd like to pass the Bill out of the House. Do you think we will come back to it, if we amend it on Second?"

"You can pass it tomorrow. Would you like to adopt your Amendment today?" Harris, D.: "Okay. Then I would like to…"

"Mr. Clerk…" Harris, D.: "…I would like to move it back to…"

"…please put the Bill on the Order of Second Reading and read the Bill."

Speaker Lang: "Mr. Harris has indicated it's a technical Amendment. Those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 49, Mr. Franks. Please read the Bill."

"Mr. Franks."

"Than… thank you, Mr. Speaker. This Bill would target businesses that use tax fraud software. Now, the vast majority of Illinois businesses play by the rules and they're put at a competitive disadvantage by this unlawful practice. There are seven states that already ban this practice and I believe it's time for Illinois to do the same. I'd be happy to answer any questions."

"Gentleman has moved for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Members, the switches are right in front of you. Have all voted who wish? Mr. Cabello. Please take the record. On this question, there are 109 voting 'yes', 6 voting 'no'. And this Bill, having received the Constitutional Majority is hereby declared passed. House Bill 2434, Representative McAsey. Please read the Bill. Out of the record, Mr. Clerk. House Bill 317… Out of the record on that. House Bill 253, Representative Sims to be handled by Representative Greg Harris. Please read the Bill." 09800043.doc 209  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Mr. Harris." Harris, G.: "Is… is there an Amendment, Mr. Clerk?"

"Mr. Clerk."

"Gentleman moves for the passage of the Bill. The Chair recognizes Representative Ives."

"Gentleman yields."

"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? Mitchell, Moylan, Zalewski. Please record yourselves, Members. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority is hereby declared passed. House Bill 2668, Mr. Dunkin. Please read the Bill."

"Mr. Dunkin."

"Thank you, Ladies and Gentlemen, Members of the House. House Bill eight… HB2668 simply allows universities the ability to ask the D.E.A. if they could do research on hemp products, industrial hemp. And I would ask for its favorable vote."

"Gentleman moves for the passage of the Bill. There being no debate, those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Acevedo, Burke, Smiddy, Thapedi, please record yourselves. Please take the record. On this question, there are 54 voting 'yes', 61 voting 'no'. And the Chair recognizes Mr. Dunkin."

"This is a research Bill of a university…"

"Mr. Dunkin."

"…I'd like to move for Postponed Consideration, please." 09800043.doc 211  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

Speaker Lang: "The Bill will be placed on the Order of Postponed Consideration. House Bill 2335, Representative Gabel. Please read the Bill."

"Representative Gabel."

"Thank you, Mr. Speaker. This Bill makes it easier for farms and community gardens in suburban and urban areas to compost. It extends the unfarmed composting permitting exemption to the rest of the state with additional protections. There's no opp… there has been no opposition."

"Lady moves for the passage of the Bill. There being no debate, those in favor say 'yes… vote 'aye'; 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? That's the fourth time. Fine, Hatcher, Hays, Zalewski. Fine, Hatcher. Please take the record. On this question, 101 voting 'yes', 14 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1200, Mr. Sosnowski. Please read the Bill."

"Mr. Sosnowski."

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

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

"Sponsor yields. The Bill is on the Order of Short Debate. You have two minutes, Sir."

"Representative… I may ask for Standard Debate; we might need more time. Didn't we have a Bill like this previously last year, Mr. Sosnowski, as I recall?"

"Yes."

"I remember that and I remember that it passed, I thought that was good public policy. But here what you're saying eve… even the taxpayers of Illinois, who with their tax dollars are supporting these, are not… are going to have their free days cut in half. I'm going to ask, how much money do we give in our budgets to state museums?"

"So, you're telling me since 1999 they haven't received anything from the state?"

"So, why are we even involved in whether they get free days or not?"

"Are there any payments by… I know there's trustees and boards. Do they get paid by the state?"

"Okay. And I appreciate what you're trying to do and I didn't know about the nonfunding. I'm concerned though because we want our people to be able to have access, because we have some of the finest museums in the world in Illinois."

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

"Okay. We have some of the finest museums in the world, I'm just concerned that people may not be able to access them. And I understand what you're trying to do and I'm 09800043.doc 214  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 going to listen to more of the debate. I just hate to restrict access to these cultural gems that I hope everyone would be able to enjoy. And I know when they have these free days that oftentimes they're just so crowded that people can't get in. So, if we cut these free days, people may not be able to get in at all. So, I'm going to watch this closely, but right now I'm leaning towards a 'no'. But I want to hear what everyone else has to say."

"This Bill is on the Order of Short Debate. Mr. Sosnowski to close."

"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 take the record. On this question, there are 79 voting 'yes', 36 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 492, Representative Chapa LaVia. Please read the Bill."

"Representative Chapa LaVia."

"Thank you, Speaker and Members. This is an issue out of the Governor's Office about… in lieu of Sandy Hook issues and concerns about making sure that there's drills that are provided in every school throughout the State of Illinois. It adds in that they'll need to be one person of law enforcement there. And I ask for its passage."

"Lady moves for the passage of the Bill. The Chair recognizes Mr. Brauer." 09800043.doc 215  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Mr. Brauer, there were four lights on, I ignored them all. The Bill was on Short Debate, I followed the Rules of the House, Sir."

"That's what short debate is the Sponsor, one person in response and the Sponsor to close. Those in favor of Representative Chapa La Via's 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 record yourselves. Franks, Harris, Tracy, Unes, Wheeler. Please take the record. On this question, there are 92 voting 'yes', 21 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Reboletti."

"No need, Sir, there's only four or five Bills left…"

"…on Third Reading and I will take them all off of Short Debate for you."

"Thank you. The next Bill is House Bill 3081, Representative Mell. Please read the Bill."

"Take your time Representative, but hurry. Chair recognizes Representative Mell on her Bill."

"So sorry, Mr. Speaker, Members of the House. This is… very simply sets a minimum fine for littering at $50."

"Lady moves for the passage of the Bill. The Chair recognizes Representative Gordon. Lady does not wish to speak. The Chair recognizes Mr. Costello. Who also does not wish to speak. There being no debate, 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 record yourselves. DeLuca, Franks. Please take the record. On this question, there are 68 voting 'yes', 45 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 479, Speaker Madigan to be handled by Leader Currie. Please read the Bill."

"Leader Currie."

"The Medical District Commission used to be a state agency. A couple of years ago we made it a unit of local government, but we failed at the same time to take away the 09800043.doc 217  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 requirement that the Auditor General audit the agency every two years. As a unit of local government, they have to go out and have an audit by an outside firm every year unless we change it and say they don't need the Auditor General, they're going to be paying twice. In order for a more efficient response, the… this Bill would just say the requirement about the Auditor General doesn't apply to this unit of local government as it doesn't do any other. I appreciate your 'aye' votes."

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

"Sponsor yields."

"I think they were put together many years ago to try to develop the area around Cook County Hospital, some of the private hospitals, the University of Illinois Hospital. And they were at one time a part of State Government, but they are now a unit of local government. And I think they have certain kind of revenues that they were able to establish by virtue of doing some building in that territory. But as a unit of local government they should not be subject to audits by the Auditor General."

"In fact, they'll have the same amount of outside auditing as every other unit of local government in the State of Illinois. But when they were a state agency, then they were subject, not to the annual outside audit, but to a biennial audit by the Auditor General. But the Auditor General doesn't generally audit local units of government. So, I think I'm trying politely to say that it was a mistake. That when we turned them into a unit of local government, we failed to take away the requirement that might apply to a state agency."

"It would be… it would…"

"…like every other unit of local government, it's an outside entity. But because they have to have that annual audit and then every two years also, one by the Auditor General, it's costly."

"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? Have all voted who wish? Please record yourselves. Hammond, Kay, Unes, Representative Hammond. Please take the record. On this question, 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Postponed Consideration 09800043.doc 219  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 appears House Bill 1391, Mr. Yingling. Please proceed. And please recall that we've already debated this Bill."

"I understand that. This is… this is a reconsideration of 1391, which prevents an incinerator from being built, a garbage incinerator being built within a mile and one half of the school. It applies only to Lake County. I would appreciate an 'aye' vote."

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

"Gentleman yields."

"Not that I'm aware of, no."

"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? Dunkin, Durkin, Smiddy, Yingling. You want to vote for your own Bill, Sir? Please take the record. On this question, there are 63 voting 'yes', 49 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Ladies and Gentlemen… Ladies and Gentlemen, we have about 25 or 30 Bills on Second Reading. We're going to do them as quickly as possible. The first one is House Bill 3005, Representative Mayfield. Please read the Bill." 09800043.doc 220  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Representative Mayfield."

"Okay. I'd like to adopt the Amendment. Basically what the Amendment does is it removes the opposition from… the underlying opposition. It incorporates language from the school board and from the cham… the Illinois Chamber of Commerce. It asks that we add a State Law which was left out; it says Federal and State Law now. There is a presumpture with rebuttal there for individuals… for employers who should hire somebody with a background. It is a very business friendly Bill. I ask for an 'aye' vote."

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

"Representative Mayfield on Amendment 4."

"Same thing, very business friendly. I worked with everybody to put the language in there that they wanted and looks like we're a go."

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

"Third Reading. House Bill 3380, Representative Tabares. Please read the Bill."

"Representative Tabares."

"Yes, thank you, Mr. Speaker. I'd like to adopt Amendment #1 which is the result of the discussions with the two parties who are proponents of the Bill. This just the attempt to create greater protections to disabled persons and minors and prevent guardian abuse. I'd like the adoption of Amendment 1 to the House Bill 3380."

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

"Representative Tabares."

"Yes, this Amendment is a result of discussions with HCCI and TransUnion. I asked for the adoption of Amendment #2 to be adopted."

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

"Third Reading. House Bill 946, Mr. Yingling. Please read the Bill." 09800043.doc 222  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Mr. Yingling."

"Yes, these… these Amendments just make some changes to the composition of the board."

"Gentleman moves for the adoption of Amendment 3. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Who've been explained by the Sponsor. Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 948, Representative Greg Harris. Please read the Bill."

"Mr. Harris." Harris, G.: "Thank you, Ladies and Gentlemen. This Amendment has been worked on by myself, Representative Bellock, Representative Flowers, Representative Kay, the Attorney General, the coroners, law enforcement. This is the 09800043.doc 223  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 comprehensive adult protective services dealing with prevention of abuse, neglect and exploitation of adults with disabilities. I would appreciate its adoption."

"Those in favor of the Gentleman's Motion will vote… will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. House Bill 924, Mr. Hoffman. Please read the Bill."

"Mr. Hoffman."

"Thank you, Mr. Speaker. Floor Amendment #2 becomes the Bill and this is the Responsible Bidder Act. This cleans up some issues that the Contractor Association had. Mr. Speaker, I was wondering if we could adopt the Amendment and debate this on Third Reading?"

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

"Third Reading. Mr. Clerk, please read the Bill on Third Reading."

"Mr. Hoffman." 09800043.doc 224  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 924, as amended, is an initiative of the AFL-CIO. It's the Responsible Bidder Act that currently is in place for state projects. This would make a responsible bidder for prevailing wage projects subject to all con… subject to prevailing wage projects on the local level. Our Responsible Bidder Act has been very successful in the state making sure that our precious state dollars that are used for construction programs are actually used in a responsible manner, that the jobs are done, that they're done right, that they're done on time and they're done and bid on at the lowest bid. I ask for a favorable Roll Call."

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

"Gentleman yields."

"Well, my understand… you may have them, but I can tell you that a lot of… a lot of the opponents have removed their opposition including… including the Road Builders Association, the Construction Industry Council as well as the AGCI. In fact… in fact they've become in favor of this Bill."

"No, it does not."

"Well, this… this… what this does is it amends the Prevailing Wage Act. It does not affect any… in any way the projects that are subject to the Prevailing Wage Act. This is… what this says is if it is currently a prevailing wage job it then has to comply with the Responsible Bidder Act, which is this Act, inside of the Prevailing Wage Act."

"I don't… I do not agree with that statement. I do not agree with that statement."

"I believe, and I may be messing up on the name, but I believe the Construction Industry Council that does the vertical construction, I believe they have… with the Amendment are now in favor of the Bill. If it's a… if that's a different organization that you have, I apologize, but there are many groups that are in favor of the Bill. Groups that are in favor of the Bill are the AFL-CIO, the 09800043.doc 226  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 Laborers, the Painters, the Teamsters, the Operating Engineers, the Bricklayers and every single organization that is affiliated with AFL-CIO. In addition, the certain very… certain contractor groups such as the Road Builders, Associated General Contractors of Illinois and the Construction Industry Council are also in favor of this Bill. And the reason they're in favor of the Bill is they want to make sure that the jobs that use state and local money actually are done right are done by a responsible bidder and we get our bang for our buck when we're using precious taxpayers' dollars."

"Sir, this is a Third Reading Roll Call."

"Mr. Kay."

"Sponsor yields."

"Would you like to join me as cosponsor, Mr. Kay?"

"Okay."

"Someone was talking, I apologize."

"I… I couldn't hear."

"Yeah. Under the Act, the 'responsible bidder' is a term that is currently used under the Illinois Procurement Code. And we use responsible bidders in all state projects over 30 thousand. So any state project over 30 thousand we now, in the Illinois Procurement Code, have a responsible bidder… must be the bidder. The… the individual requirements are: the individual must be entitled to conduct business in Illinois, must comply with the provisions of the Prevailing Wage Act, must comply with the Equal Employment Opportunity Requirements under the United 09800043.doc 228  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 States Code, have an FBI and a federal employee identification number, must possess a valid certificate of insurance for various liabilities and must participate in applicable apprenticeship and training program that's approved by the U.S. Department of Labor."

"I… I would say the vast majority of people in Illinois who do construction or it would be deemed responsible bidders under this Act."

"Well, I think… I mean, what we… I can tell you this. Before we had a Responsible Bidder Act in Illinois on a statewide level and over a hundred municipalities since have adopted their own Responsible Bidder Act, and I've heard over and over and over from those municipalities and the people who oversee state construction that since the Responsible Bidder Act has been put into place, the amount of waste and abuse and fraud has a been significantly decreased on these types of… of municipal and state projects."

"Well, the term responsible means, by its very nature, that you're going to be able to perform the work. That's 09800043.doc 229  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 why whenever we have bids there are certain requirements in any type of RFP that the people have to follow. Now, does everybody… will everybody be able to follow under those RFP requirements, be able to meet them? No, but they can't now in other RFPs. I'm just saying to you that we have found in the State of Illinois and local governments that have this in-place have found that there's a huge decrease in the amount of incidence and safety hazards on this job site, the people who get hurt goes down, the jobs are finished up on time, and we make sure that our taxpayers dollars are being adequately spent."

"Yes."

"It was not… this does not in any way affect the price of a project, not in any way. And I would submit to you that if you have these types of responsible bidder laws in place the jobs are going to be done on time, there's not going to be cost over runs because they have a track record of doing the jobs and we have ensured that certain criteria have been met."

"Let me just say one thing about the issue of training. First of all, the Bill… the law in Illinois already requires prevailing wage on all these projects, all these projects; therefore, there would not be any increase 09800043.doc 230  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 in the cost. I submit to you it will decrease the ultimate cost because we're not giving the bids to fly-by-night contractors. In the prevailing wage itself there are four components…"

"…four components…"

"…and one includes training, one includes training."

"Well, I would say no, no."

"I would submit to you, if you're not responsible you shouldn't be getting state contracts."

"I think it saves money for local governments because number 1… number 1) the prevailing… this doesn't affect the prevailing wage. The prevailing wage has to be paid on all these contracts. It simply says that the people are doing the work are going to be qualified, they're going to be safe and they're going to get the job done."

"Once again, the… the… I believe if you have the proper training and you meet these criteria, you're going to save money 'cause the job and the work is going to be done right the first time."

Speaker Lang: "Without shortening the Member's speeches, I would just ask that they restrain themselves. There's still five people on… six people on this Bill. Mr. Brauer."

"Sponsor yields."

"Yes. We… we actually amended the Bill in order to comply with the wishes of not only mem… many Members of the Black Caucus but also the Hispanic Caucus and others. In addition, our Amendment took care of problems that were in the original Bill that dealt with the contractors. So now, the Association of General Contractors of Illinois, the Road Builders of Illinois and the, I believe, the Construction Industry Council are all hugely in favor of this Bill. Not only have they removed their opposition, they're in favor and proponents of the Bill."

"It was actually adopted today, earlier today."

"Yes, that's fair, yeah."

"Thank you."

"Mr. Moylan."

"Sponsor yield?"

"Sponsor yields." 09800043.doc 233  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Mr. Speaker, I am a former mayor of a 58 thousand resident city. We passed responsible Bill… responsible bidder language and our city council overwhelmingly, I can assure you, that not only did we get quality work but we got it on time and nobody had to come back for a second time and no contractors got squeezed out. And I urge an 'aye' vote. Thank you."

"Very good."

"Mr. Chrisen Mitch… Christian Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Gentleman yields." Mitchell, C.: "Representative, I have two questions. The first is, it's my understanding that you have to participate in an apprenticeship program under this… the auspices of this Bill, if… where applicable, I believe is the language in the statute. A lot of folks have raised concerns outside the chamber about landscaping and shoveling snow. Can you talk about whether or not they're applicable programs and how often those kind of jobs reach that $20 thousand threshold?"

"Yes. Two things that I think have been misunderstood by… by individuals and have been twisted by the opponents. First of all, the Prevailing Wage Act and therefore, this Act, will not apply to… or excuse me, I take that back. First of all, this Act, a Responsible Bidder Act will not apply on any projects that do not have our fees or do not have to be bid. It's a Responsible Bidder Act; therefore, in… under Illinois law if it's a project that's under $20 thousand and it's on a local level, it doesn't have to go 09800043.doc 234  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 out for an RFP and therefore, the provisions of this wouldn't apply if they didn't go out for an RFP. So, number one, anything under $20 thousand this basically wouldn’t apply; for the state, that number is $30 thousand. Now, if there is not a apprenticeship program that is applicable, then under the terms of this you have to meet the other criteria but you must participate in an applicable apprenticeship program, if one doesn't exist you obviously can't participate." Mitchell, C.: "Okay. Second question and I know, Representative Hoffman, we discussed this previously. There's a concern by the Illinois Black Chamber of Commerce that for contractors of a certain size working on projects of a certain scope that there's a difficulty already in complying with some of the USDOL training programs and that this could be an additional burden. Are you willing, assuming this passes out of the chamber, to have a discussion with those folks in the Senate to do something that addresses their concerns?"

"Absolutely, absolutely." Mitchell, C.: "Thank you."

"Mr. Zalewski."

"Will the Sponsor yield?"

"Sponsor yields."

"Representative, wi… with respect to landscapers, I don't know if you've addressed this or not, and if you're being repetitive, I apologize, but what… what affect would your Bill have on landscaping businesses with respect to prevailing wage reporting?" 09800043.doc 235  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Well if… if the project, if the local project is over $20 thousand then under the laws of the State of Illinois, you must… you must have a… you must take a bid. You must do an RFP and you must do bidding, right?"

"Right."

"So, you would have to go out for bid and in order to bid, according to this law, you would have to meet the Responsible Bidder Act. Now, if you are part of an apprentice… if you are signatory or are part of an apprenticeship program that currently exists and you meet the other criteria, you can bid. If you meet all the other criteria but are not a part of an apprenticeship or training program, you could then go to U.S. Department of Labor's website. They tell me it's fair… it's fairly efficient and…"

"You believe that, Representative?"

"I'm told by people who've done it that… that it is. I've not done it, so I'm not going to say that I have. And so you can then get and become a part of a U.S. Department of Labor apprenticeship or/and training program and they say it is fairly easy to do. Here's the problem that we have if we don't do this. Under the Prevailing Wage Act as it currently exists, under current law in all these projects, prevailing wage… part of the prevailing wage that makes up the prevailing wage is money for training. If you don't have a training program, you're not spending it on training. You're putting it in somebody's pocket, okay? And I'm not saying that's wrong, it's just the way the law is today. So, in order to really be consistent with the intent 09800043.doc 236  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 of the Prevailing Wage Act, you want to have adequate training, proper training and when they get reimbursed for it or paid for it, they should put it on the program."

"So, my understanding though is there's landscapers in Chicago who use union labor but they can't comply with your Bill. So, what… what would they be able to… I mean, how… can you elaborate on that?"

"Well, first of all, it's my understanding that Cook County and I believe the city also has… already has similar responsible bidder laws. So, I would assume, although I'm not familiar with their particular ordinances, I would assume they're having to somehow comply with them currently, on those types of projects for Cook County and the city. I don't… I doubt that every municipality does although the former Representative indicated to me, former speaker, Representative Moylan, indicated to me that several… several municipalities already… already do. In order to comply if you don't or aren't part of an apprenticeship or training program, you'd go to the Department of Labor's website and you would become part of one."

"Okay. Again, the opponent… I think the only opponent you have left is the landscaping community, right, Representative? That's the only one we haven't addressed. So, I guess my question is, if I vote for your Bill, can you… can you convince the Senate to… I know what you've said, but can you convince the Senate to adopt an Amendment to address them?"

"I… I don't know that I can… I can't guarantee…" 09800043.doc 237  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"You're a persuasive guy Jay, come on…"

"Thank you."

"…keep… be confident."

"I appreciate that. Look, I'll talk to the Senate."

"Okay. It's as good as I'm going to get. I urge an 'aye' vote."

"Mr. Reis."

"Sponsor yields."

"Well, they're… they're available throughout the entire state, all over the state."

"No."

"No."

"Well, for instance… and I… I apologize if I don't… ABC, which is a contractor's organization, they run an apprenticeship program that has nothing to do with the AFL- CIO. They're also training. Don't get stuck on the whole issue of apprentice; there's apprentice and training. So, you can have a… a U.S. Department of Labor approved apprenticeship and training program and you can do it in- house. Many people do, do that in their own business." 09800043.doc 238  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Yes. And my understanding is it's… it's fairly quick and easy to do."

"Mr. Farnham."

"To the Bill, Mr. Speaker. One day I was driving across the Fox River and I watched a guy climb the rail, hold on to a lamppost above a dam, reaching up trying to paint something and if he'd fallen off of that rail, he was going over the dam and he was going to die. Now, that's not a responsible worker, it's not a responsible contractor and therefore, he's not a responsible bidder. We preach safety, 09800043.doc 239  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 safety, safety. We want people to go to work and we want them to come home at night. We want them to be safe, we want them to do the job in the skillful manner, we want them to do it the first time and not have to have somebody else come in and fix up the messes. That saves time, it saves money for the municipalities and for everybody. There's a reason that large corporations like, Amoco and you are going to go on to their site, they want to make sure that the people that you send there are safe. If they don't kill themselves. they might kill somebody else or hurt somebody else. And I believe that it is very important that up front we know that these people are able to perform the job safe and on time. Therefore, I urge a 'yes' vote on this."

"Mr. DeLuca."

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

"Sponsor yields."

"Representative Hoffman, you had made a statement earlier that this will save local governments money. Is that correct?"

"Yes, I believe it will."

"I'm not sure if the local governments know that because if… I'm looking at my analysis here… there's a slew of them that are opposed. Do you know the reason why they're not aware of this?"

"Well, first of all, I believe that the original analysis was the original Bill not the Amendment. I don't know that the Amendment would change their minds. I believe that they would probably reevaluate. I can't tell you with 09800043.doc 240  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 honesty what their belief is with regard to the Second Amendment because we just adopted it. But here's why I think that they're wrong because… for three reasons. First of all, they already on these contracts are already required to pay prevailing wage, so the cost isn't going to go up. Second of all, you're going to find that if you have a responsible bidder that the chance of an overrun on these construction projects is going to diminish. And third, you're going to have well trained people and a safe workplace because there will be a responsible bidder which will ensure that these projects, I believe, will be cheaper for the municipality and will be finished more on a timely basis."

"Do you know if the Amendment that you adopted earlier if it removed the opposition of the Illinois Association of Park Districts, the City of Chicago, the Illinois Municipal League? Do you know if those three entities, are you aware?"

"I don't know. I'm not going to say it did; I would doubt that it did."

"Okay."

"But I don't… I've not heard from them."

"One other question for the… the jobs… the contracts that are for… underneath the 20 thousand threshold, the nonbid proposals, is that per job or is it an accumulation of it?"

"It… it's per job."

"It's per job? So…"

"Per job." 09800043.doc 241  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"…those contractors, the small operators that might be hired to do a board up or might be hired to do some tuck- pointing or some other construction work and it's under the bid limit, this will not affect them? This will not negatively impact those operators?"

"It's… it's… no, it does not unless… unless a local municipality were to adopt something that makes it less than the 20 thousand. And just so you know, it just was told to me and I had forgotten, the City of Chicago already adopted a very similar responsible bidder legis… or Act or ordinance. So, I… I don't know why they would be opposed to what's in Amendment 2, but maybe they are."

"Okay. Thank you very much."

"Representative Mell."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Just real quickly, to the Bill. I know it's late. I stand in opposition to this Bill and it's basically because of the landscaping component. I mean, this is… there's one business I know, in particular, that is a good business. It's been in business for 25 years, they're responsible, they do everything they're supposed to be doing, they're hire inner-city kids, it's a good company. And… and the Representative, the Sponsor, was talking about all these like hoops now that this company has to go through and I… I just don't think it's right. And so, I urge a 'no' vote. Thank you."

"Mr. Moffitt."

"Mr. Hoffman yields." 09800043.doc 242  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Yes."

"Yes, they are in place."

"Yes. And they do."

"Yes. And that's the way you were… if you wanted to become or sign up for or have a training program, that's where you would go to… to do it."

"It's my understanding, yes."

"Yes."

"Well, you can… what you would do is if you didn't have this, as like the previous speaker what she made reference to, if you didn't have this you could go online 09800043.doc 243  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 to create it and then you would ha… you could have it… you would have it done within your business…"

"…in your business."

"Yeah."

"I believe if you… are you just talking about the online cert…"

"I… I believe that the Department of Labor you have to continue, like anything, you have to continue to get recertified. But I don't know at what time or how… how long it is, if it's once a year, twice a year, I don't know the answer to that."

"Yes, I do."

"Mr. Davidsmeyer." 09800043.doc 244  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Mr. Hoffman to close."

"Well, thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would just like to make a couple of points and I know the hour is late. This is not intended in any way… not intended in any way to prohibit, to deny, to not allow people to bid. It's to make sure that when they bid that they're going to do the job, there's going to be a safe workplace, that the peo… the workers are going to be properly trained and when our tax dollars are spent, responsible people are going to be doing the work. That's it; it's that simple. I don't understand why we're afraid to say if we're going to be spending our tax dollars we should be spending them wisely, we should make sure it's done on time, we make sure if you do it once it's done right, make sure that the workplace is safe. That's what I believe our public policy should be. It's that policy in the state… for state contracts; it should be for the entire state when it comes to governmental contracts. I ask for an 'aye' vote."

"Gentleman's moved for the passage of the Bill. Mr. Reis has asked for a verification, so Members will be in their chairs and vote their own switches. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Currie. Representative Durkin. Please take the record. On this 09800043.doc 245  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 question, there are 61 voting 'yes', 50 voting 'no' and 3 voting 'present'. And Mr. Reis has asked for a verification. Members will be in their chairs. Mr. Clerk, please read the affirmative vote."

"Mr. Reis."

"Mr. Rita is in the center aisle, Sir."

"Representative Jones is not voting, Sir."

Speaker Lang: "Representative Dan Burke. Mr. Burke? Representative Burke? Please remove him, Mr. Clerk."

Speaker Lang: "Representative Williams. Representative Ann Williams. Please remove her, Mr. Clerk. Representative Williams has returned. Please restore her, to the roll. Mr. Reis indicated to me he was finished with his verification. Mr. Clerk, please take the record. On this question, there are 60 voting 'yes', 50 voting 'no', and 3 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2809, Representative Feigenholtz. Please read the Bill."

"Representative…" 09800043.doc 247  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Representative Feigenholtz on the Amendment."

"Thank you, Mr. Speaker. It's always a joy to do an Amendment after chaos. I just would like to… this is an Amendment that gets agreement from DCFS. I've been working with Representative Roth on this. This is a constituent issue about the intercountry adoption office at DCFS."

"Lady's moved for the adoption of the Amendment. And on this question, Chair recognizes Mr. Sacia."

"Let me make this very clear to you, Mr. Sacia. After Mr. Reis got the vote down to 59, he went like this, he was finished."

"The prerogative of the Chair, Sir. Is…"

"Does Mr. … Mr. Reis, do you wish to speak on this Bill? Mr. Reis, do you wish to speak on this Bill? Not yelling. You have to get the recognition of the Speaker. You have a microphone, Sir."

"Do you have something you want to say?"

"Mr. Reis is recognized, but not… but on this Bill, Sir, on this Bill." 09800043.doc 248  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Representative Flowers."

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

"Lady yields."

"Representative, can you… this… this is dealing with foreign adoptions?"

"It is."

"With DCFS? So, you want the children of the State of Illinois to be taken out of the country?"

"No, no, no. This is… the Interstate Compact Office at DCFS, Representative, has to approve people who are bringing… has to approve adoptions coming into Illinois from other states and from other countries."

"So, out of… I just need for clarity. So, for children that's in this state, this Bill is not applicable that someone from out of the… outside the state or outside the country could come in and adopt our children?"

"No. This is about children from other countries. This is an office that reviews home studies for adoptions from other countries and other states. But this Bill is specifically about the intercountry adoptions, the children coming from another country to be adopted by Illinois parents."

"That's what I wanted clarity on."

"Okay."

"Thank you very much."

"Representative Feigenholtz to close."

"I'd appreciate adopting this Amendment." 09800043.doc 249  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Mr. Reis, are you speaking on this particular Amendment, Sir?"

"Well, your light was on during the Amendment, Sir. Those in favor of the Lady's Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Representative Feigenholtz."

"Again, this is clarifying Amendment requested by Representative Roth and some attorneys. I'd appreciate your support."

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

"Third Reading. Now, Mr. Reis is recognized and his light wasn't even on."

"House Bill 2764, Representative Scherer. Please read the Bill."

"Representative Scherer."

"Thank you, Mr. Speaker and Ladies and Gentlemen. House Bill 2764, regarding monitoring federal highway signs. I ask that we withdraw Floor Amendment 1 and 2 and adopt Floor Amendment 3 and move it to Third Reading. Thank you. I appreciate it."

"Lady moves for the adoption of Amendment 1. Those in… I'm sorry. The Lady has… withdraws Amendment 1 and 2. Mr. Clerk."

"Representative Scherer."

"Yes. I just ask that we adopt the third Amendment and move it to Third Reading."

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

"Third Reading. House Bill 3178, Mr. Rita. Please read the Bill."

"Mr. Rita."

"Thank you, Mr. Speaker. Amendment… Floor Amendment #2 lowers the threshold from 50 thousand to 40 thousand to make this an agreed Bill."

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

Speaker Lang: "Third Reading. House Bill 2618, Mr. Brady. Please read the Bill."

Speaker Lang: "Third Reading. House Bill 2, Representative Bellock. Please read the Bill."

"Representative Bellock."

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

"Third Reading. House Bill 3223, Mr. Beiser. Please read the Bill."

"Third Reading. House Bill 1584, Representative Cassidy. Please read the Bill."

"Representative Cassidy."

"Amendment 2 addresses concerns raised by HCCI and removes their opposition. And I ask that it be adopted."

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

"Representative Cassidy." 09800043.doc 253  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Amendment 3 simply corrects a drafting error referencing the wrong Section. And I ask that it be adopted."

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

"Third Reading. House Bill 2779, Mr. Moffitt. Please read the Bill."

"Third Reading. House Bill 963, Mr. Moffitt. Please read the Bill."

"Third Reading. House Bill 2322, Representative Chapa LaVia. Please read the Bill."

"Third Reading. House Bill 2418, Representative Chapa LaVia. Please read the Bill."

"Third Reading. House Bill 2631, Representative Chapa LaVia. Please read the Bill."

"Third Reading. House Bill 1680, Representative Pihos. Please read the Bill."

"Representative Pihos."

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

"Third Reading. House Bill 821, Representative Monique Davis. Please read the Bill."

"Representative Davis." Davis, M.: "Thank you, Mr. Speaker. House Bill 3 codifies the reasons a person would be given a certificate of innocence. We are tabling Amendments 1 and 2 and continuing with Amendment 3. The court orders… if the court ordered a new trial and the person was found not guilty at the trial, the case would have to be dismissed without a retrial before the court would order a certificate of innocence. This requirement is set out in the certificate of innocence statute. So, I would just urge an adoption of this Amendment."

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

"Third Reading. House Bill 130, Representative Monique Davis. Please read the Bill."

"Third Reading. House Bill 3215, Mr. Reboletti. Please read the Bill."

"Third Reading. House Bill 2473, Mr. Reboletti. Please read the Bill."

"Third Reading. House Bill 2659, Representative Will Davis. Please read the Bill."

Speaker Lang: "Third Reading. House Bill 2958, Mr. Drury. Please read the Bill."

"Mr. Drury."

"Floor Amendment 2 just makes some minor Amendments based on the number of… when the committee needs to be appointed and also, puts out some looser… some smaller specifications on what the committee has to look at. I ask for an 'aye' vote on the Amendment. Thank you."

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

Speaker Lang: "Third Reading. House Bill 2962, Mr. Drury. Please read the Bill." 09800043.doc 257  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Mr. Drury."

"This Bill just, again, made some technical Amendments to address some concerns that some of the opposition has. I believe it addresses all of them. Again, I ask for your 'aye' vote."

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

"Third Reading. House Bill 1682, Mr. Kay. Please read the Bill."

"Mr. Kay on the Amendment."

"Can you just briefly tell us…"

"…what it does, Sir?"

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

"Third Reading. House Bill 3061, Mr. Ford. Please read the Bill."

"Mr. Ford."

"Thank you. I'd like to adopt Amendment #2. It simply removes the Class 2 Felonies from the Bill."

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

"Third Reading. House Bill 1683, Representative Bellock. Please read the Bill."

"Representative Bellock."

"Amendment #1 is withdrawn. Mr. Clerk." 09800043.doc 259  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Representative Bellock."

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

"Third Reading. House Bill 2355, Mr. Mautino. Please read the Bill."

"Mr. Mautino."

"Thank you. Amendment #2 contains the definition of 'travel insurance'. The idea is to send this over to the Senate, continue negotiating it there."

"Those in favor… Chair recognizes Representative Lilly, for what reason do you rise?"

"Thank you, Mr. Speaker. Point of personal privilege."

Speaker Lang: "You just… just stand right there, Representative. I'll get right back to you on that. Those 09800043.doc 260  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 in favor of Mr. Mautino's Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Now, Representative Lilly on a point of personal privilege."

"Thank you, Mr. Speaker. We know the hour is late, but the Capitol COWL creative team will be meeting briefly in M-1, that's the directors, the team leaders, props, stage design and costumes. M-1 directly after Session. Thank you for your time."

"Thank you, Representative. House Bill 2776, Mr. Moffitt. Please read the Bill."

"Third Reading. House Bill 804, Representative McAsey. Please read the Bill."

"Representative McAsey."

"Thank you, Mr. Speaker, Members of the House. The Floor Amendment becomes the Bill. This is a parity Bill with regard to offenses of sexual penetration. And I ask 09800043.doc 261  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 for the adoption of the Amendment and to debate the Bill on Third."

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

Speaker Lang: "Third Reading. House Bill 2783, Mr. Sacia. Please read the Bill."

"Mr. Sacia."

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

"Third Reading. House Bill 945, Mr. Yingling. Please read the Bill."

"Mr. Yingling." 09800043.doc 262  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"The Amendment addressed geographic areas, and it makes modifications to population."

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

"Mr. Yingling."

"Same thing. It also addresses population restrictions."

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

"Third Reading. House Bill 2590, Mr. Sandack. Please read the Bill."

"Third Reading. House Bill 2518, Mr. Zalewski. Please read the Bill."

"Mr. Zalewski."

"Mr. Speaker, I want to table Amendment #1 and move to Amendment #2 just so that's clear." 09800043.doc 263  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"You don't need to table…"

"Okay."

"Amendment #1 because it's still in Rules. Mr. Clerk…"

"Okay. So this pertains to Amendment #2…"

"…please proceed on Amendment #2."

"… Amendment #2 simply removes the issue of copy fees for making copies on a contested property tax matter. I ask for its adoption."

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

Speaker Lang: "Third Reading. House Bill 1040, Mr. Tryon. Please read the Bill."

"Please hold that Bill on the Order of Second Reading. House Bill 996. Please read the Bill."

"Third Reading. House Bill 3372, Representative Senger. Please read the Bill."

"Third Reading. House Bill 162, Representative Chapa LaVia. Please read the Bill."

Speaker Lang: "Third Reading. Mr. Clerk, the Adjournment Resolution."

"Leader Currie moves for the adoption of the Adjournment Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Adjournment Resolution is adopted. Mr. Clerk, Agreed Resolutions." 09800043.doc 265  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013

"Leader Currie moves for the adoption of the Agreed Resolutions. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Agreed Resolutions are adopted. The Chair recognizes Representative Marcus Evans on a point of personal privilege. Please proceed, Sir."

"Thank you, Mr. Speaker. Last year, nearly 67 thousand Illinois residents heard the words 'you have cancer', and over 25 thousand lost their lives to this terrible disease. Cancer's a disease that touches families in all of our district and rarely do we have an opportunity to do something about it. Well, I rise, today, to present to you with an opportunity to do something. On my behalf as a cancer survivor and on the behalf of anyone who has suffered from this devastating disease, I urge you to participate in the American Cancer Society Cancer Action Network's first ever Suits, Sneakers, and Cancer prevention at the Capitol on May 1st. In the past, basketball coaches around the State of Illinois and around the country have laced up in similar events, but rec… coming up now are the Illinois will be racing… excuse me… Illinois are lacing up their sneakers for a common cause to promote awareness for the fight against cancer and provide the opportunity to 09800043.doc 266  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 become directly involved in cancer research through enrollment in the American Cancer Society's Cancer Prevention Study. On May 1, I will be wearing my sneakers and my suit to show support of the American Cancer Society and American Cancer Society Cancer Action Network efforts to promote enrollment in the Cancer Society's prevention study. I have flyers here, and I have these little cute shoes for any of the ladies that would like to have them. I urge you all to participate in this study. We want to solve cancer. The only way to do that is through these studies and research. So, I urge your support. You can get a flyer over here, and I'll get one to your office. Thank you."

"Thank you, Mr. Evans. Ladies and Gentlemen, please pay attention to the Clerk. Mr. Clerk, committee announcements."

"Ladies and Gentlemen, the Calendars that you were passed out indicates that Session tomorrow is at 9 a.m. It is not at 9 a.m. It is at 8:30 a.m. And now, allowing for perfunctory time for the Clerk, Leader Currie moves that the House stand adjourned 'til Friday, April 19 at the hour of 8:30 a.m. Be here. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Motion is 09800043.doc 267  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/18/2013 adopted. And the House does stand adjourned 'til Friday, April 19 at the hour of 8:30 a.m. Have a lovely evening."