Illinois House Floor Debate — May 20, 2014

"The House will be in order. Members will be in their chairs. We shall be led in prayer today by Pastor Zoila Marty, who is with First United Methodist Church in Chester. Pastor Marty is the guest of Representative Costello. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and rise for the invocation and Pledge of Allegiance. Pastor Marty."

"We'll be led in the Pledge today by a man you should take a close look at, Mr. Franks." Franks – et al: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

"Roll Call for Attendance. Leader Currie." 09800134.docx 1  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

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

"Mr. Bost."

"Mr. Clerk, please take the record. There are 117 Members of the House present. We do have a quorum. Mr. Poe."

"Please proceed."

"Thank you very much. Representative Berrios."

"Thank you, Leader. Point of personal privilege."

"Please proceed."

"I would like the Body to help me welcome my boyfriend who's up in the gallery with his family, Jim Weiss, Mary Murray, and they have the three nieces: Jelana, Bianca, and Skylar, if we could welcome them to Springfield today."

"Welcome to Springfield. Mr. Walsh."

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

"Please proceed, Sir."

"Today we have the Illinois 4-H Legislative Connection here, and I'd like to recognize the University of Illinois extension 4-H Legislative Connection event being held today and tomorrow. Over the course of the next two days, 22 4-H members 09800134.docx 2  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 from the Illinois 4-H Youth Leadership Team and the speaker for the Illinois 4-H program will be visiting the Members of the House and the Senate. These youth are from 14 counties throughout the state, and represent almost 160 thousand 4-H participants from all 102 counties in the State of Illinois. Working with these teams are Dr. George Czapar, Director of the University of Illinois Extension: Dr. Denise Oberle, Assistant Dean and Director of Illinois 4-H; Erica Austin, John Davis, Patricia McGlaughlin, and Deb Stocker of the University of Illinois Extension; Joshua Frank, a 4-H volunteer; and Jeanne Harland, Jerry Hicks, Jerry Townsend, and Pam Weber, members of the Extension Partners. Please help me in welcoming our 4-H folks behind us in the gallery."

Speaker Lang: "Welcome. Thank you for joining us today. Representative Osmond."

"Please proceed."

"Thank you very much. Mr. Meier."

"You may proceed, Sir."

"Thank you, Representative. Ladies and Gentlemen, we're going to pick up on Senate Bills-Third Reading on page 09800134.docx 3  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 7 of the Calendar. The first Bill is Senate Bill 2945, Representative Nekritz. Please read the Bill."

"Representative Nekritz."

"Thank you, Mr. Speaker. Senate Bill 2945 allows up to seven additional students who would have severe… severe autism to… fulfill their IEP at a… center in Ohio, which is one of the preeminent facilities in… in the country for treating severe autism. I ask for your support."

"Representative Bellock."

"To the Bill."

"Mr. Franks."

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

"Sponsor yields."

"Representative, I see that ISBE and the Illinois Alliance of Special Education Administrators are opponents. Could you please tell us why?"

"Well, Representative, I think they're… they’re concerned about two things. One, they testified in committee that this would increase costs. I strongly dispute that. I don't think it will. We… we're the ones that appropriate the line item for these things and… and if we don't appropriate 09800134.docx 4  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 more money, then there's no more… then there isn't any money to be… to be spent. I think they're concerned about the precedent and I am… I would understand that, but I think that the… this right now is going through the Purchased Care Review Board, which has flexibility to do this but does not take account of various… of the variety of circumstances in… in other schools around the country and… so here we are with legislation."

"Was there ever a fiscal note attached to this? Was there any… I understand this is subject to appropriation, correct?"

"No, it's not. So, no. It's not because we… this… we have to do this within the existing lines. Whatever we appropriated last year, we're not asking for a greater appropriation. Whatever we appropriate for FY15, we're not asking…" Franks: Okay. So…"

"…for… for a large appropriation."

"So, you're just redistributing the money you already have…"

"Correct."

"…so that money can follow the children."

"Correct. And I don't know whether it will, you know, I mean, if these children went to… there are plenty of schools around the country that are more expensive than this school. If they go to one of those more expensive schools, it'll be, you know, it'll be of smaller proration, if they go to a less expensive school… school it'd be a large approp. So, there's no way to predict that based on where students select to go. And that's up to the student and the local district."

"Thank you very much." 09800134.docx 5  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Thank you."

"Representative Flowers."

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

"Lady yields."

"Representative, is this not current law? Is this not what you’re supposed to do if the school district does not have what is necessary for the children? They should be able to go outside, and if it is a private school, so be it."

"That’s correct. But this school right now… would… is only able to… because of the way the formulas work, they’re only able to serve 5 Illinois children, and we would like them to be able to serve 12."

"Okay. But I… my point is, it’s already existing law."

"That they can… I’m sorry, Representative."

"It is existing law that if a school district does not have what is necessary for the education of that child, by Federal Law, the parents have the right to send their child outside the school district, and that school district should pay for it."

"That’s my understanding, yes."

"Thank you very much,"

"Thank you very much."

"Representative Pihos."

"Sponsor yields."

"Well, Representative, there’s only 5 there from Illinois right now, and the school is not accepting any… anymore Illinois students."

"That’s because… I wouldn’t say it’s a negotiated rate. That’s the rate that the Purchase… the Purchase Care Review Board requires. Yes."

"Representative, that’s up to… that would be up to the school district and the student to determine where they want to go. Some of those sites are more expensive than this location."

"Well, I don’t know that you would call it ‘negotiated’. I think they’ve tried that and it’s been unsuccessful."

"I think we're doing it because it's… it would be a good thing."

"Representative Nekritz to close."

"Ask for your support."

"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. Mr. Cross. Please take the record. On this question, there are 97 voting ‘yes’, 19 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Representative Senger."

"Please proceed."

"Lady has moved that House Resolution 807 be discharged from committee. The Chair recognizes Mr. Mautino on the Motion."

"Yes, Speaker, I would object to the Motion. The… This legislation actually or… in the Bill itself has been addressed by the Insurance Committee, and actually was the subject of a lot of negotiation. We had agreement to structure that all navigators would have background checks and everything that’s being asked for and required by this action. So, with that, I would object. And I would ask for a ‘no’ vote."

"Chair recognizes Representative Monique Davis, the Chairman of the House Insurance Committee." Davis, M.: "Thank you, Mr. Speaker. For this particular Resolution, we did have a subcommittee. And that subcommittee decided to keep this Bill in subcommittee. So, I’m really surprised to see this Bill on the floor. We have a process in place in all of our committees and that process states, with the Chair’s permission a Bill can be placed in subcommittee and the Members of that subcommittee can vote to let it out or keep it inside. Because of the nature of the Bill, and because as Representative Mautino stated, the issue has been addressed. It’s been addressed through legislation. We felt the Resolution was superlative, and we didn’t need it. Therefore, I, too, urge a ‘no’ vote. Thank you." 09800134.docx 9  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Mr. Moffitt, do you rise… No, not on this? Representative Bellock."

"Mr. Bost."

"Mr. Reboletti."

"Mr. Brady."

"Mr. Reis." 09800134.docx 12  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Representative Osmond."

"Mr. Reboletti, your light is on. Were you planning to speak a second time, Sir? You’ve spoken enough. We believe so. We believe so. Representative Monique Davis." Davis, M.: "Mr. Chairman, I would just like to say that this Resolution has about 15 or 20 organizations in opposition. We were attempting to give the Sponsor an opportunity to meet with these opponents and reach some kind of conclusion. It is really interesting to me that some people think, in this Body, that certain chairmen don’t have the same rights and privileges of every other chairman. It is the process, it is in the rules, that a Bill can be placed in subcommittee. It is also a process that the chairman can decide when it comes out. Now, because there are no negotiations taking place, because the Sponsor of the Resolution chooses not to meet with AARP, the Cancer Society, the Citizen’s Action, a number of Illinois primary health care organizations, chooses not to meet with these organizations, but still wants this Bill to be called, and I chose to leave it in committee. And I stand by my right to make that decision."

"Mr. Sandack."

"Representative Flowers."

"Thank you, Mr. Speaker. I just want to try to bring a little clarity to the Lady’s Resolution. On line 12, it says: ‘WHEREAS, The State of Illinois has given out more than $36 million in federal taxpayer dollars to dozens of community groups in Illinois to hire temporary workers and navigators.’ And then it goes on to say, ‘WHEREAS, There are over 1… 1,200 navigators in Illinois, many with no background in insurance and limited training.’ And I just want to say, for the record, according to the information that I have read in regards to navigators, you need not have any type of insurance background or to be an insurance agent to be a navigator. So, I just want to… hopefully, that will kind of clear up the concerns that you have. That was not a prerequisite in order to become a navigator, in regards to doing a background check. Thank you very much."

"Mr. Reboletti, your light is once again on. Is there something wrong with the switch there, Sir?" 09800134.docx 15  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Please state your inquiry."

"Mr. Reboletti, in answer to your inquiry. The LIS system does not show subcommittee votes. The Clerk would have to do research to get the answer to your question. The Chairperson…"

"…the Chairperson of the committee stated on the record what she believes the case to be. If you wish to challenge that, you certainly may. But we cannot provide you an answer at this moment, Sir."

"Representative Davis." Davis, M.: "Mr. Speaker, I did misspeak. We did not meet. It was put in subcommittee and there has not been a call for a meeting. I did misspeak on that. And I do apologize."

"Mr. Reboletti, did that respond to your answer… your question, Sir?"

"Leader Currie."

"Thank you, Speaker and Members of the House. I wish people would confine their remarks on a procedural Motion, 09800134.docx 16  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 which is what is before us, to procedures, and some of the speakers have done just that. Others want to discuss what’s in the Resolution. That I would urge, the Members and the chair, is not appropriate for a discussion of the Motion to Discharge committee. What is important for each and every Member of this House is the committee structure. We are all Members of House Committees. We take our work seriously. And when we decide ‘aye’ or ‘nay’ on a measure before us, we hope our colleagues will respect the care and the work that went into those decisions. We have committees because committees are the ones that know the subject areas, can deal with issues that Members from other committees bring before them. Each and every one of us should stand up for our committees. We’ve heard from a distinguished Member of the committee, Representative Mautino. We’ve heard from the chair of the subcommittee… I’m sorry, the chair of the committee, Representative Davis and they assure us that the committee took this issue seriously. As a Member of the Revenue Committee, I would just let you know that we almost always send all of our Bills to subcommittee. By no means is it a graveyard. In fact, every once in a while a Bill escapes the subcommittee structure. I believe today we considered a measure by the House Minority Leader, Representative Durkin and for reasons unclear to me, Representative Bradley, the chair of the committee, didn’t send it directly to sub. We, instead, reported it to the floor. But subcommittees are not a bad idea at all. It’s a way for us to develop expertise in a particular area under the general work of the committees upon which we serve. I would say each of us… each of us who 09800134.docx 17  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 chairs a committee or is a Minority Spokesperson, each of us who serves on a committee should stand up for Representative Davis, for Representative Mautino, and for the work of the House Insurance Committee. We should reject the Motion to Discharge that committee, not only because we don’t need to consider this Resolution, which already is law, but also because we support the idea that our committees have value, they are part of the work that we do, and if we can say no to this committee, then why in the world do you get up for an 8:30 chance to debate a Bill in any of the committees of the Illinois House of Representatives. I think it behooves us all to stand with Representative Davis, to stand with her committee and reject the Motion to Discharge."

"Representative Senger to close on her Motion."

"The Lady moves that House Resolution 807 be discharged from the Insurance Committee. This Motion requires 60 affirmative votes. Those in favor of the Lady’s Motion will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Ford, Mayfield. Mr. Ford. Please take the record. On this question, there are 47 voting ‘yes’, and 69 voting ‘no’. And the Lady’s Motion fails. Senate Bill 2954, Representative McAsey. Please read the Bill."

"Representative McAsey."

"Thank you, Mr. Speaker, Members of the House. This is an initiative of the Chicago Bar Association. It is also supported by the National Academy of Elder Law Attorneys. It’s making an Amendment to the Probate Act, allowing for, in certain limited circumstances, the guardian of a ward to petition for dissolution of marriage, to file a petition for legal separation, or for declaration of invalidity of 09800134.docx 19  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 marriage. I’m happy to answer any questions and appreciate the support of the Body."

"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 take the record. On this question, there are 117 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Mr. Moffitt."

"Please proceed."

"Mr. Brady."

"Proceed, please."

Speaker Lang: "Thank you, Josh. Glad you’re here with us. Representative Manley."

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

"You may proceed."

"With me, to my left, is a wonderful young lady. In my district, I have this dynamic powerful group of women that we call the… Working Women’s Advisory Committee. And I was introduced to Phaelon Voss through one of those members. She's a graduate of U of I in 2012, in Political Science. She is dazzled by what goes on, on the floor so far. Currently, she's working for a cardiologist, and hoping, maybe, to be a Representative someday. She’s like, ‘no way’. Can we welcome her to Springfield, please?"

"Welcome. Glad you’re enjoying the House Floor. Don’t take too much back to school with you. Representative Evans."

"Point of personal privilege."

"Please proceed."

"Just as a reminder, Ladies and Gentlemen, Representative Gordon-Booth is having a celebration today for her baby at the Lincoln Towers… at the Lincoln Hotel, Adams Street. Of course we know, 701 East Adams, today from 6 p.m. to 9 p.m. Flyers were distributed to everybody. So, if you can, please come by and celebrate our colleague’s first child. Thank you."

"Mr. Moffitt." 09800134.docx 21  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Proceed."

"Welcome. Happy you’re here with us. Representative Williams."

"Thank you. Point of personal privilege."

"Proceed."

"Ladies and Gentlemen, we are going to be having an impromptu briefing tomorrow in my office, at 11:30, prior to Session for the Green Caucus, just to informally go over the last remaining issues as we approach adjournment. So, if you could make it tomorrow, great. 11:30 in my office in the Stratton Building. Representative Fortner will be there as well, just to go over the last remaining issues. And if you're unable to attend, see me, we’ll provide you materials. Thank you."

"Mr. Reboletti."

"Proceed, Sir."

"Happy birthday. Thanks for being here. Mr. Meier."

"Proceed, Sir." 09800134.docx 22  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Thank you. Glad you’re with us. Moving down the Calendar, Senate Bill 2958, Leader Feigenholtz. Please read the Bill."

"Representative Feigenholtz."

"Thank you. Senate Bill 2958 is an agreed upon Bill that extends a pilot program known as the MAC program. It clarifies who is going to provide administrative support. Once that was resolved, everyone got on board. The… this is an initiative of the Nurse’s Association, Illinois Health Care Association, HCCI, and long-term care providers. I’d be glad to answer any questions."

"Those in favor of the Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Yingling. Please take the record. On this question, there are 117 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2972, Mr. Crespo. Out of the record. House Bill 2978, Mr. Cabello. Please read the Bill."

"Mr. Cabello." 09800134.docx 23  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"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? Leitch, Tryon. Please take the record. On this question, there are 111 voting ‘yes’, 6 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2980, Mr. Stewart. Please read the Bill."

"Mr. Stewart."

"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? Mr. Drury. Please take the record. On this question, there are 115 voting ‘yes’, 1 voting 09800134.docx 24  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2984, Representative McAsey. Please read the Bill."

"Representative McAsey."

"Thank you, Mr. Speaker, Members of the House. This is the initiative of the Illinois State Bar Association. It makes various Amendments to the Illinois State Trust and Trustees Act. Changes and clarifications that are based upon practitioners with regard to total return trust, conversions, virtual representation, beneficiaries without capacity. I know of no opposition and would be happy to answer any specific questions."

"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? Flowers. Please take the record. On this question, there are 117 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. House… Excuse me. Senate Bill 2989, Representative Cassidy. Please read the Bill."

"Representative Cassidy."

"Thank you, Mr. Speaker, Members of the House. Senate Bill 2989 is an initiative of the school psychologists. And it simply changes the definition of 'school psychologists' to include a psychologist who holds a valid Nationally Certified 09800134.docx 25  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 School Psychologist certificate. Illinois continues to experience a shortage of school psychologists, which puts children in underserved areas at a disadvantage. According to ISBE’s Educator Supply and Demand Report, school psychologists top the list of the most underproduced education professionals in the state. This board… the National School Psychology Certification Board oversees a very rigorous process which is… utilizes the same competencies ISBE requires of the… of their university programs. Thirty-one states accept this credential. This is simply an additional route to add to the available pool of school psychologists. And I'm happy to answer your questions."

"Mr. Franks."

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

"Sponsor yields."

"I’m reading the analysis, Representative. And do you have to be a psychologist to be a certified school psychologist?"

"Yes."

"Okay. That’s what I couldn’t tell."

"Yes."

"So, this isn’t really changing…"

"It’s just a different board certification."

"Okay. That’s what I was trying to find. So, they’ll still be board certified, and they’ll still be psychologists, and have gone through all the proper training."

"Yes." 09800134.docx 26  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"This is just so we can get more psychologists into our schools."

"Yes."

"Thank you."

"Thanks."

"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? Tabares. Please take the record. On this question, there are 111 voting ‘yes’, 6 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2992, Leader Currie. Out of the record. Senate Bill 2995, Leader Turner. Please read the Bill."

"Leader Turner."

"Thank you, Mr. Speaker, Members of the General Assembly. Senate Bill 2995 amends the Criminal Code of Criminal Procedure by explicitly allowing individuals who pled guilty to petition proposed conviction, DNA testing. Under the current law, a defendant may petition the trial court to allow fingerprint, ballistic, or forensic DNA testing evidence that was secured in relation to the trial which resulted in his or her conviction. This evidence must’ve been previously subject to the testing. The petitioner must show that the identity was an issue at trial. And the evidence to be tested has to be subject of a chain of custody, such that it has not been tampered with, substituted or altered, and the courts must allow testing if… if it determines that the testing has 09800134.docx 27  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 potential to produce new noncumulative evidence that is materially relevant. Senate Bill 2995 adds that the defendant may petition the trial court to perform such testing on evidence that was secured in relation to a guilty plea, which is result in his or her conviction, and provides that the petitioner must show that the identity was an issue at the guilty plea. And if the conviction was the result of a guilty plea, the court must allow testing upon the determination that the test results would raise a reasonable probability that the defendant would have been acquitted had he proceeded to trial. And the testing employs a generally accepted scientific method. I’d appreciate an ‘aye’ vote."

"Mr. Reboletti."

"The Gentleman yields."

"Sir, Representative Reboletti, the current statute in the interpretation by the Illinois Supreme Court has barred individuals who pled guilty to a crime to seek post-conviction release through DNA, ballistic, or fingerprint testing, even if the test results may prove their innocence. Nationwide, there have been 316 post-conviction exonerations by DNA 09800134.docx 28  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 evidence, and 30 of those exonerees had previously pled guilty. Research has shown that some individuals often falsely confess, plead guilty, and otherwise provide admission of guilt for crimes that they did not commit. And this would allow them to go back and do the… where the identity was an issue at the guilty plea, and do the DNA testing."

"Say it again. I’m sorry, I didn’t…"

"This is just an added tool, Representative."

"I don’t have an exact number, Representative, but I can get back to you with something."

"Thank you." 09800134.docx 29  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"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? Zalewski. Please take the record. On this question, there are 84 voting ‘yes’, 33 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 3 of the Calendar, under the Order of House Bills-Second Reading, there appears House Bill 3814. Please read the Bill."

"Speaker Madigan on the Amendment."

"Mr. Speaker, I would move for the adoption of the Amendment, and then debate the issue on Third Reading."

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

"Third Reading. Please read the Bill."

"Mr. Speaker."

"Mr. Speaker and Ladies and Gentlemen, this matter is concerned with the minimum wage. The Amendment would call for a statewide advisory question to be placed on the November General Election ballot asking Illinois voters if the state’s minimum wage, for those over the age of 18, should be 09800134.docx 30  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 increased to $10 an hour by January of 2015. Speaking to a number of Members on this issue, it became clear to me that there were differences of opinion as how to address it. Therefore, I believe the issue deserves a statewide discussion, so I filed this Amendment. Under current law, the minimum wage in Illinois for employees 18 and over is $8.25 an hour. That means that today a full-time employee in Illinois working 40 hours a week at minimum wage earns only $16,500 a year. It’s clear that we need to do more to help reduce economic inequality. More than 100 thousand people in Illinois work full-time at minimum wage jobs, and still live below the poverty line. The vast majority of minimum wage workers are adults, and most of them work full-time, often to support a family. There’s just no way to support a family on a minimum wage of $8.25 an hour. So, we need to do more to help with struggling families on a path to a living wage. The minimum wage has not kept pace with inflation, making it even harder for working families to make ends meet. If the federal minimum wage in 1968, when the peak value of the minimum wage was reached, it kept pace with inflation it would now be $10.69 an hour in 2013 dollars. Mr. Speaker, I would ask for a favorable Roll Call."

"Mr. Sandack."

"Speaker yields."

"As I said on my remarks, as we worked with this issue, and as we talked with Members in the House, it became apparent that there were some significant differences of opinion regarding the issue. I happen to think we ought to raise the minimum wage. I think we ought to raise the minimum wage consistent with the language in this Bill. I do think it merits a full public discussion by all Illinoisans. After we get the results of that discussion, and vote in November of this year, why then we can return to the Legislature with that evidence in hand. We can show people in the Legislature that despite the differences, we ought to move ahead with raising the Illinois minimum wage."

"Well, Representative, on this side of the aisle, we’re working our way through the question of extending the income tax increase. We'd welcome your support, if you wish to join us."

"If we come to the point where we wish to vote away public advisory question, why we’ll offer the second sponsorship position to you." 09800134.docx 32  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Well, Representative, I’m only speaking to the content of the Amendment before us at this time. I don’t plan to go beyond that."

"The answer is yes."

"That’s correct."

"We don’t feel that this would act as a detriment to what Illinois employers are attempting to do. We understand. And we’ve heard from employers that this will raise costs, for both public and private employers. But we think that, at the end of the day, this will be the best for Illinois because we will prevent people at the bottom of the economic stratum to lift themselves up and enjoy more of life here in the State of Illinois."

"Representative, I would simply quote a recent study conducted by the Center for Economic and Policy Research which concluded, the vast majority of studies on this issue found raising the minimum wage has no discernable effect on employment rates. Raising the minimum wage lifts families out of poverty and reduces the number of persons eligible for government benefits such as TANF, SNAP, and Medicaid."

"Well, again, Representative, we all think that this moves in the wrong direction. We think it moves in the right direction; we think that it helps people in the society that do need some help. Not everybody in the Illinois society has been fortunate enough to do extremely well. There are some that are just getting by, and then there are others that are really up against it. So, our view would be that for those who are really up against it, this would be a good help and it ought to happen."

"Mr. Turner."

"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, we need a statewide conversation about raising wages. I know that the issue is very important in my community and communities across the state. And I believe this referendum is what it will take to increase the minimum wage in Illinois. Low wage workers are falling behind. Had minimum wage kept pace with inflation, it would be around 10.65 right now. The result is that more and more workers are unable to make ends meet and falling into poverty. Indeed, there are 110 thousand people working full-time year-round in Illinois but still living in poverty. No one should be working and living in poverty. Look at the realities. You cannot support yourself, much less a family, on 8.25 an hour and yet, that’s what many workers are forced to do. The vast majority of low wage workers are adults, and many are parents trying to support children. Nearly 400 thousand people experiencing poverty in Illinois live in a family with a full-time worker. This Session I’ve heard a lot about… a lot of people claim that the minimum wage is not good for our economy, but look around the country and you will see that that just isn’t true. A high minimum wage does not stifle economic growth. Bloomberg News reported earlier this year about Washington State, which 09800134.docx 36  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 has the highest minimum wage in the country. When Washington residents voted in 1998 to raise the state’s minimum wage, many linked it to a job killer. The prediction hasn’t borne out. Job growth continued at an average of .8 percent annual pace, .3 percentage points above the national rate. Payrolls at Washington’s restaurants and bars, which are portrayed as particularly vulnerable to high wage costs, expanded by 21 percent. Poverty in Washington State has trailed the U.S. level for the last seven years. Increasing the minimum wage puts money in the hands of people who will spend it, generating economic activity in our communities. The research is settled. Increasing the minimum wage does not cause job loss. On other conflicting reports, different scales, it all depends on who you ask, but again, the vast majority of research shows that raising the minimum wage will have little to no effect on the employment loss. It’s been nearly four years since the last minimum wage increase. It’s time for a discussion around this issue, and time for minimum wage workers to get a raise. We see this measure as an important step toward returning the minimum wage to its historic levels. I’d like to thank Speaker Madigan on his leadership around this issue and this referendum. And this is overwhelmingly supported across the state of Illinois. And we hope that we can get an ‘aye’ vote today. Thank you."

"Mr. Harris." Harris, D: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill. Any of us could cite… could cite statistics of one sort or another regarding the minimum wage. One of the studies that was put out most recently, when there 09800134.docx 37  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 was a talk about an increase in the federal minimum wage, was done by the Congressional Budget Office, a highly respected organization which the members of Congress listen to and rely on. And what did the Congressional Budget Office say about the minimum wage? Brief summary. Summary: increasing the minimum wage would have two principle effects on low wage workers. Most of them would receive higher pay, which would increase their family income. Some families would see their income rise above the federal poverty threshold. But jobs for low wage workers would probably be eliminated. The income of most workers who become jobless would fall substantially, and the share of low wage workers who were employed would fall slightly. That’s the Congressional Budget Office talking about an increase in the minimum wage. And we can argue back and forth about whether or not it’s a good idea or not a good idea. The minimum wage, I think, is meant to be a temporary wage not a long time permanent lifetime level of salary. An entry level wage that people can earn to get started. But let’s go away from the issue of the minimum wage. Let’s look at putting this on the ballot. That’s the issue here. Folks, do we really want to become California? The California Legislature can’t make a decision… a tough decision without saying, oop, we got to put it on the ballot. We have to have a… we have to have a popular referendum on any number of issues. And then you see hundreds of millions of dollars spent on one side or the other side of the issue, arguing yes or no, trying to convince the voters which way to vote on a referendum. Guess what, these kinds of issues are for us to decide. We don’t have the referendum process like they do in 09800134.docx 38  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 California or Colorado here in Illinois. We, the Legislature, are supposed to decide on these tough public policy issues. We shouldn’t fob off our responsibility on to an advisory referendum. We should take that decision right here. Why the minimum wage? Why not an income tax increase, or the extension of the income tax? Why not a referendum on workers' compensation reform? Why not a referendum on any number of tough policy issues which we have to deal with day in and day out. We don’t need a referendum, an advisory referendum on the ballot. It is not the way to go. It sets up a terrible precedent for what we want to do with tough policy… public policy issues in the State of Illinois. And I’m standing and urging a ‘no’ vote on this Bill."

"Mr. Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. To the Bill. Just a couple of very brief points. The first is, in theory, a lot of the arguments against this sound great. The idea that a minimum wage is necessarily a permanent wage that’s made by youth. But the reality is that according to the Bureau of Labor Statistics, over 50 percent of people who are in the minimum wage are over the age of 25. Some larger percentage of those people are, in fact, trying to raise families, and half of them are women. So, what we are talking about is a chance to uplift literally hundreds of thousands of people potentially out of poverty. Second thing is that the Wall Street Journal did a study on this very issue polling economists, 65 percent of whom said the lack of consumer demand is holding back our economy. Who we’re talking about here is an economic growth question, and I would hope that my colleagues on both sides 09800134.docx 39  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 of the aisle would be able to support that. Finally, I find it somewhat interesting that folks are asking for a referendum on taxes, and I look forward to the support of this Body for… the fair tax referendum the next time it comes up, given that taxes are now something that should go before the voters. Thank you."

"Speaker Madigan to close."

"Mr. Speaker, we’ve had a very good and wholesome debate. I would request an ‘aye’ vote."

"Those in favor of the Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Bost, Cross, Senger. Mr. Clerk, please take the record. On this question, there are 71 voting ‘yes’, 43 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 14 of the Calendar, under the Order of Senate Bills-Second Reading, appears Senate Bill 3287, Mr. Bradley. Please read the Bill."

"Third Reading. Please read the Bill."

"Mr. Bradley."

"Thank you, Mr. Speaker. This was debated thoroughly in committee. It would change… reverse a court ruling in the northern part of Illinois, which change the applicability of 09800134.docx 40  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 the Workers' Comp Act with regards to third party and third- party lawsuits. And so, I would ask for an ‘aye’ vote. I’m happy to debate it."

"Mr. Sandack."

"Sponsor yields."

"This has to do with the applicability of third-party lawsuits in the context of workers' comp, and the definition of 'employer', and the immunity afforded an employer under the Workers' Comp Act, as you know."

"I think the proper characterization… I don’t disagree with what you said. I think that proper characterization is, is that the Appellate Court decision was inconsistent or a contradiction to settled law in the workers' comp field for many years. And this would change that decision and make the law of the State of Illinois consistent throughout and consistent with what’s happened in the past."

"That’s correct." 09800134.docx 41  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"I’m not sure procedurally. It’s been a while since I actively practiced in Appellate work. And so, I’m not sure procedurally whether or not the Supreme Court at this time could take it. But as a coequal branch of government, we certainly have the right to weigh in on it as well."

"Mr. Kay."

"Sponsor yields."

"Well, we’re talking about third-party liability for nonemployers, right?"

"Which has been the law… which has been the…"

"And so, I don’t set the insurance rates with regards to that, and there have been predictions, I know, made. And I don’t think that this Bill would necessarily necessitate huge increases in cost or huge increases in insurance rates. I don’t think they’re justified by the passage or not passage of this Bill either way."

"I couldn’t answer that."

"Well, going back to your previous comment, I think that most states recognize employer immunity with regards to comp, but do not give immunity for nonemployers who create third- party torts in the context of comp."

"Mr. Reboletti."

"Mr. Walsh."

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

"Sponsor yields."

"Representative Bradley, there was some questions brought forth from some of my local unions that have apprenticeships. Does this affect their availability…"

"No."

"…their liability and some of their training as far their apprenticeship and joining apprenticeship programs?"

"No."

"I didn’t hear you."

"No."

"Thank you."

"Mr. Hoffman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. If I… if I might… if I might, I’d just like to tell a brief story. Thirty… and it’s a true story. Thirty-four years ago… or 31 years ago this last April, a man went… went to work, left his home, kissed his wife good-bye in the morning, went to work and was tragically… tragically killed when a trench caved in on him. The… the ambulance came to the scene 09800134.docx 46  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 and he was unfortunately was deceased. The coroner’s office had to go to the wife who was left that morning to her job, and tell her of the tragic accident. That woman was my mother. That woman was my mother. I was in school, it was before cell phones, before you would get ahold of people, and they had to drive up to tell me that my father had been tragically killed in an industrial accident. Now, I don’t talk about that that often, but I want to talk about it today because I want to tell you, there is a face and there is a family behind injured workers. I’m not here to say that it’s… you’re voting against injured workers if you vote 'no'. I understand. I understand. But to simply say it’s just about business, to simply say that a Bill like this doesn’t affect people and doesn’t affect the families of people who are injured is just wrong. Forty- one other states allow third-party liability. That question was asked before. This is not a Bill that will increase the costs of workers' compensation insurance. This is a Bill that simply says that the person who caused the injury will be responsible for paying the injured worker. Once that happens… once the third party pays, guess what, the employer who did not 'cause the injury gets reimbursed. So, for the life of me, I don’t understand why small employers wouldn’t be for this because they’re actually going to get reimbursed because they didn’t commit the negligent act that caused the injury. Now, I just ask that if there's an ‘aye’ vote because I want to tell you, I want to tell you, you never want to be in that position where you come home and you have to look your mother in the eye because there was an industrial accident and see the pain on her face. I ask for an ‘aye’ vote." 09800134.docx 47  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Mr. Martwick."

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

"Sponsor yields."

"Representative Bradley, couple of quick questions for you. Much has been made today about this… fact that we are attempting to legislate a decision that was not liked at the Appellate Court. Isn’t it true that the Appellate Court in its decision, suggested that if there was a fix necessary in this law that the proper place to do it was right here in the Legislature?"

"Yeah, I believe there was some… some language to that effect."

"And of course, as was mentioned, that is the whole purpose of our separation of powers is that we have these equal responsibilities, and so, therefore, this is a responsibility that it does properly fall squarely on our shoulders."

"We certainly have a right to do this."

"And to follow… just up with a couple of questions from the line from the last speaker. Who… who pays for workers' compensation? It’s the employer, right?"

"Yes."

"And so, these third-party companies, who offer something as critical as workplace safety, training, and advice, something that workers would rely on so that they’re operating in a safe manner, if they are negligent in their duties and someone’s harmed, what’s their liability currently?" 09800134.docx 48  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"I wouldn’t believe that they would have liability currently, but there’s a court case out there that says that they did it in one regular case."

"Right. So… so, until we change this law currently, someone who would act negligently and cause the injury to another person has no civil liability whatsoever, and they don’t pay anything into workers' compensation, do they?"

"Correct. It would be a potential co… recovery for the workers' compensation carrier."

"Yes. Yes. But I’m speaking under the current law that we’re seeking to change. You’ve got companies that are able to act without any fear of being liable for bad actions. Can you think of any other industry where a company who acts negligently and causes harm to another person is without any cost or any liability whatsoever, 'cause I can’t. Can you think of anything?"

"Are you asking me or is that rhetorical?"

"Well, I guess it was rhetorical. I’ll just speak to the Bill here. Ladies and Gentlemen, as the previous speaker said before me, this is not an antibusiness Bill. This is a Bill that says to the employers, who are already on the hook for paying into unemployment insurance, that they shouldn’t have to foot the bill when someone that they entrusted to come in and train their employees so they would have a safe workplace acts in a negligent manner. There is no business anywhere where you can act with complete impunity without any costs and without any fear of being held liable. That’s why we have a… a system of civil justice in our society, so that people can seek redress. So that people are held liable. 09800134.docx 49  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 That’s what makes them do a good job. I’m a lawyer. I have to carry insurance for the things that I do. Most of you who have businesses must carry some sort of insurance to cover any sort of problems that you might have. But this is one sector of our society that we have decided should be immune. That’s nonsense. That’s nonsense. This is a good Bill because what it does is it stands up for businesses. It says, you will not be on the hook for the… for the… the wrongdoings of a third party. And it makes the third-party trainers liable for their actions. It makes them more responsible because it makes them aware of the fact that if they are not careful, if they are not cautious and they're not diligent in doing a good job, they, like everyone else in our society, will be held liable for their actions. This is a good Bill. Please vote ‘yes’."

"Mr. Franks."

"Thank you, Mr. Speaker. To the Bill. Jay, I want to thank you for your story. And I’m sorry for your loss, and that could have been any of us. And I was listening to Mr. Martwick just talk after Mr. Hoffman and it hit me that there’s just no reason for anyone who is negligent not to at least be held accountable. If it happened to any of us, and it has, the least that we should expect is that the family or the injured person should be adequately com… compensated for the negligent act. And the arguments that I’ve heard on the other side seem to be that if a safety provider does not do his or her job that there shouldn’t be consequences. And we know better. Everyone, everyone, everyone must be held accountable. So, anyone who's hurt by the negligence of 09800134.docx 50  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 another should at least have an avenue to redress their complaint, so it can at least be heard. And that’s all this Bill would allow. I think it’s a question of fundamental fairness. And I hope that it will increase safety as well. It may or may not. I hope it would be. I think that’s probably the goal of this legislation. But even if it doesn’t increase safety to make people adhere to the proper standards, at least it wouldn’t shield people from bad acts. And I think that’s all we’re asking is for accountability and for people to do the right thing. I encourage an ‘aye’ vote."

"Representative Ives."

"Sponsor yields."

"The apprentice programs, correct."

"This Bill does not apply to apprenticeship programs. It provides safety training."

"Correct."

"Mr. Moffitt."

"Mr. Drury."

"Thank you, Mr. Speaker. I’ll be brief. There’s a lot of arguments about how it’s going to drive up costs, but let’s put this in perspective. There’s a negotiation. A business wants to hire a safety service provider. The safety service provider says, hey, Acme Company, I have to charge you more because chances are I’m going to be negligent when I do my job. And because I’m going to be negligent when I do my job you have to pay me more to do my job. And that’s the negotiation. These arguments just don’t carry water. It’s not going to drive up costs. Safety providers, safety consultants are going to do their job. They’re going to do them well just like they always did. It’s going to be a competitive market, and life is going to go on. I don’t… I’m not someone who is on every one of these Bills, but this one I stand behind… I stand strongly behind because the safety providers that we’re talking about don’t pay into the system. They're getting a free ride. And so why are we giving them a free ride? If they want to pay into the system, let’s talk about that, but they 09800134.docx 53  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 don’t. The employer pays into the system. They get workman comp. The third-party doesn’t pay into the system, they don’t. That’s all this Bill is doing. It’s not going to drive up costs. The talking points are good, but they’re not true. I ask for an ‘aye’ vote."

"Mr. Reis."

"Sponsor yields."

"I don’t think it’s a change. I think it’s a reestablishment of what was already there. Plus, this is really… this is really about third-party immunity. And it’s really about… I mean the workers' comp carrier is going to be able to get recovery from the third party who actually committed the tort."

"I have been involved in issues that went through the agreed Bill process, and I’ve been involved in issues that didn’t. And oftentimes, when the agreed Bill process is invoked, it’s invoked because somebody doesn’t want something to happen. And when it’s not applicable, it’s when they want something to happen. And so, I understand your opposition to this Bill. And I understand you referencing the Agreed Bill process, but that is not a constant with regards to issues that come before this Body."

"I don’t think the last Comp Bill went through the agreed process… Bill process either."

"It didn’t."

"I’m not aware of that. And if that is a motive, it’s not my motive."

"Okay."

"Mr. Dunkin."

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

"Sponsor yields."

"Representative, I’m just… as a nonlawyer, and trying to understand this, and certainly listening very, very intently with several of my colleagues. In particular, with Jay Hoffman, and that unfortunate situation that… that he articulated. So my question is, why would any… any company that is not an employer be entitled to worker compensation protection if they’re not the employer?"

"They shouldn’t."

"How is limiting liability for a nonemployees fair to the injured worker harmed by their conduct?"

"It isn’t."

"Doesn't… doesn’t this give companies absolute immunity if they are not liable under the Workers' Compensation Act and also not liable for third-party liability claims?" 09800134.docx 56  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Can you repeat the question?"

"Doesn’t this give these companies absolute immunity if they are not liable under the Workers' Compensation Act and also not liable for third-party liability claims?"

"If we don’t pass this, that would be correct."

"This Bill does not establish liability or simply says that the… these companies can be… Excuse me. To the Bill. Thank you for answering those questions, my good Sponsor. To the Bill. You know, Ladies and Gentlemen, this Bill, it doesn’t establish liability. It simply says that these companies can be sued for their negligence caused by injury or harm. So, how’s it unfair? This is maintaining the civil justice system as it existed… has existed for 40 years. You know, none of us want to be in a situation that was articulated earlier today by one of our colleagues. I think some of us are very familiar with, people that we know and love or have met who have been severely injured or harmed in the workplace by third-party companies that doesn’t fall under the Workers' Compensation Law. So, you know, it’s not an expansion of the system. It simply protects… further protects those individuals who may run across a very unfortunate situation in the workplace. I would encourage a strong ‘yes’ vote. Thank you."

"Mr. Bost."

"Mr. Sandack."

"Representative Nekritz."

"Thank you, Mr. Speaker. To the Bill. It’s just about a century ago that employers and employees made a grand bargain that is our workers' compensation system where employers… employees gave up the right to sue for negligence, and employers got the uncertainty of when someone was injured on 09800134.docx 58  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 the job what that… what they would be paying out for that. That’s a grand bargain between employers and employees that’s existed all that time. I, for the life of me, can’t figure out why someone who’s not a party to that grand bargain is entitled to immunity. These are people that are not paying into the workers' compensation system for… for these injured workers. They are performing a service and if they are negligent, I think that they should be held liable. And I think that the… the Sponsor has brought forth a good Bill, in that regard. We’ve had other Bills that have come before the Judiciary Committee, where we’ve had the same argument that we’ve had on this Bill, where one side is saying this has been a law for 40 years and… and we’re… simply keeping the law the way it was. And the other side says, wait a minute. The law's been the other way for 40 years, and we have to change it on the basis of a court case. I don’t know what the right answer is on that 40-year history on this Bill. But I will tell you that I think for the policy of the State of Illinois that it’s important to hold people accountable if they are, in fact, negligent and someone gets injured through that negligence. I’d urge an ‘aye’ vote."

"Mr. Sullivan."

"That request will be acknowledged. Mr. Bradley to close."

"If this Bill doesn’t pass, the employer… the employer can sue the third party, but the employee cannot. The employer can sue the third party, but the employee cannot. The third 09800134.docx 59  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 party does not have immunity from the employer. The third party has immunity from the employee. Let me say that again. The employer can recover their comp costs from the third party, but the employee cannot recover from that third party. The employer can recover property damage from that third party, but the employee cannot recover injury from that third party. The employer can recover from that third party, but the employee cannot recover. I ask for an ‘aye’ vote."

"Those in favor of the Bill will vote ‘yes’; opposed ‘no.’ The voting is open. Have all voted who wish? Have all voted who wish? Mr. Drury. Please take the record. On this question, there are 65 voting ‘yes’, 49 voting ‘no’, and 3 voting ‘present’. And Mr. Sullivan has asked for a verification. Mr. Clerk, please read the affirmative vote."

"Mr. Sullivan."

Speaker Lang: "The Gentleman withdraws his request for a verification. On this Bill, there are 65 voting ‘yes’, 49 voting ‘no’, 3 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Riley."

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

"Please proceed, Sir."

"It’s always good when you have constituents from your area come down to Springfield, especially one that's a very able Legislator. Up in the gallery is the President of Prairie 09800134.docx 61  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 State College IEA local, and she's also the vice chair of the IEA Higher Education Council, Vivian Zimmerman. Vivian. Give her a round of applause, please."

"Welcome. Thank you for joining us. Mr. Pritchard."

"Proceed, Sir."

"Thank you, Representative. Ladies and Gentlemen, moving to page 6 of the Calendar, some Bills left on the Order of House Bills-Third Reading. The first one is House Bill 09800134.docx 62  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 3832, Representative Flowers. Mr. Clerk, please read the Bill."

"Representative Flowers."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 3832 is calling for… Excuse me one minute, Mr. Speaker. Thank you, Mr. Speaker. House Resolution… House Bill 3832 is calling for commission on the elimination of property. And I would be more than happy to answer any questions you may have in regards to House Bill 3832."

"Lady moves for the passage of the Bill. 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, Members. Acevedo, Reis. Please take the record. On this question, there are 116 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3963, Mr. Rita. Please read the Bill."

"Mr. Rita."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a measure from the Department of Professional Regulation. What it basically does is changes the way they allow for testing for professional licensing. It does it by rule rather than by statute the way some of these tests have 09800134.docx 63  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 been changing over the years. So, would it allow is that by rule could change the way they do various testing."

"Those in favor of the Gentleman’s Bill vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Reboletti, Wheeler. Take your time, Sir. Please take the record. On this question, there are 117 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5732, Representative Chapa LaVia. Out of the record. Chair recognizes Mr. D’Amico."

"Proceed, Sir."

"Thank you, Sir. Page 7 of the Calendar, Senate Bill 3014, Representative Osmond. Please read the Bill."

"Representative Osmond."

"Mr. Franks." 09800134.docx 64  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Mr. Speaker, will the Sponsor yield?"

"Sponsor yields."

"I’m going to miss debating with you, Representative Osmond. Wish you’d stick around."

"Oh you do?"

"I’m already up. We’ll talk a little bit. Has there been…"

"Nothing with… I think we should leave Mr. Sandack and Mr. Lang out of all debates. I think that’s improper. What the heck. All right. Has there been any fiscal analysis done on this Bill? I’m wondering because you’re requiring certain mounts… a certain amount of insurance. Is it going to increase the cost for the homeowner?"

"Okay. I was just wondering if there'd been any analysis on there, but it sounds like it makes perfect sense."

"And I can’t wait for your next two Bills."

"Thank you."

"Chair recognizes Leader Currie." 09800134.docx 65  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Thanks. Please let the record show Representative Gabel is excused for the rest of the day."

"Thank you, Leader. 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? Costello. Please take the record. On this question, there are 116 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3023, Representative Kelly Burke. Please read the Bill."

"Representative Burke." Burke, K.: "Thank you, Mr. Speaker. Senate Bill 3023 follows up on legislation I passed two years ago, strengthening mechanic liens protection. This is an agreed Bill between the Illinois Bankers Association and contractors and unions. It allows a mechanics lien to be subordinated only if more than 50 percent of the loan has been disbursed to fund improvement to that property. Again, it’s an agreed Bill. I know of no opposition. I urge an ‘aye’ vote."

"Those in favor of the Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Leitch, Moylan. Please take the record. On this question, there are 116 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3027, Leader Currie. Please read the Bill."

"Leader Currie."

"Thank you, Speaker, Members of the House. Today, county treasurers can declare an administrative sale in error over residential real property if certain conditions are met. It's the county treasurer I’m talking about. This will apply those same standards to a sale and error for a mobile home. I know of no opposition. And I’d appreciate your ‘yes’ vote."

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Burke. Please take the record. On this question, there are 115 voting yes, 1 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3029, Mr. Beiser. Please read the Bill."

"Mr. Beiser."

"Thank you, Mr. Speaker, Members of the House. This Bill amends the Consumer Deposit Account Act by removing two provisions that are outdated. One, it removes the requirement that financial institution must print the date that a checking account was opened on all checks. And it removes the requirement that checks issued for new checking accounts start with the number 101. Ask for your ‘aye’ vote."

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Drury. Please take the record. On this question, there are 114 voting ‘yes’, 1 voting ‘no’, 1 voting ‘present’. And this Bill, having 09800134.docx 67  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 received the Constitutional Majority, is hereby declared passed. Chair recognizes Leader Durkin."

"Proceed, Sir."

"Welcome. Happy you’re here. Senate Bill 3038, Mr. Andrade. Out of the record. Senate Bill 3049, Representative Cassidy. Please read the Bill."

"Representative Cassidy."

"Thank you, Mr. Speaker, Members of the House. Senate Bill 3049 recognizes the new arrival or really the re-arrival of three apex predator species in the State of Illinois that are currently not considered under our Wildlife Management Code. The Bill will add cougars, black bears, and wolves to our Wildlife Code. All three of these species are currently unprotected. This will help cougars, black bears, and wolves reestablish their population in our state while still giving landowners the ability to protect their land, their livestock, and their property. It was negotiated with the Farm Bureau to ensure that those protections were in place, that nuisance animals and predators bringing danger to… to people and livestock and pets and property could be addressed. And I very much look forward to your questions."

"And you’re going to get some. Mr. Phelps." 09800134.docx 68  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"To the Bill. Some say that this is a great Bill. The answer is, I think, just look at the five Sponsors on the board."

"That was enlightening. Mr. Costello."

"Thank you, Mr. Speaker. To the Bill. I’d like to thank the Chief Sponsor for all her work she did to take away a lot of the opposition to this Bill. Originally, I was against the Bill. She worked with the Farm Bureau. And Kelly, thank you for your work to get the Bill to this point. I encourage an ‘aye’ vote."

"Mr. Arroyo."

"Thank you, Mr. Speaker. I would like to ask the Spon… Would the Sponsor yield?"

"No. Sponsor yields."

"Representative, can you take this Bill out of the roll, and… so we can put an Amendment on this to also add the lion? Why don’t you have a lion on there?"

"I’m going take a pass on that opportunity."

"Well, that… that’s up to my… a vote. I mean, I want to vote on this Bill, but I can’t vote on it unless you have the lion on there."

"When we start to have some issues with lions running wild north of I-80, I'd be delighted to discuss a trailer Bill."

"So, are they… are there coug… are there cougars in my district?"

"I am… I am aware of one spotted in Roscoe Village, so it’s not inconceivable that there’s been a lion in your district." 09800134.docx 69  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Do you have a name? Does that cou… does that cougar have a name in Roscoe Village?"

"I was not introduced."

"What made you do this? Is this is for a certain area in the State of Illinois, Kelly, or is this…"

"Actually…"

"Is this west of I-9… I-88?"

"No. Actually, these creatures have been spotted all over the state. The wolves in particular are coming in from just over the Wisconsin border, and the wolves are… it’s… it’s very important that we address that issue since south of I-80 they are a federally protected species, but north of I- 80 they are not. And without this, farmers would not have the ability to protect their livestock from the wolves coming in from… from Wisconsin."

"Representative, have there been any cougars spotted on Rush Street? You know where Rush Street is downtown Chicago? Could you identify what part of downtown Chicago or what part are there cougars spotted?"

"The cougar that was killed by the Chicago's… the Chicago Police Department was in Roscoe Village, but I would not have been surprised if came through the Gold Coast."

"So, you say that they could be…"

"They could be anywhere."

"…cougars on Rush Street, downtown Chicago…"

"Cougars have a tremendous range. The cougars that have been spotted in Illinois are believed…"

“I like that."

"…to have come from South Dakota." 09800134.docx 70  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"I like that. Cougars have a tremendous range."

"They do. They’re amazing creatures."

"That… those are similar, but it… it’s similar to a lion though. The lions are… none of them been spotted in Illinois… down in downtown Illinois."

"When lions get spotted, I will… I will sponsor the trailer Bill, I promise you that."

"So, is… is a cougar an endangered… you’re trying to make it an endangered species where you can’t hunt it? You want to be able to put it to sleep?"

"The reason for the addition of these three predators is to allow the Department of Natural Resources to manage their populations properly and to provide for remedies for people who experience nuisance encounters with those creatures."

"So, if we spot a lion somewhere in the City of Chicago, then we could put the lion in there, to your Bill."

"You just let me know."

"Thank you, Representative."

"Is that about it, Sir? That’s it. All right. Mr. Cavaletto."

"Yes."

"Could you repeat your question?"

"I… I am unaware of the total population, but what we have learned from DNR is that the black bears have been crossing the river into Illinois from Missouri. And they would like to be able to protect them as they come in." 09800134.docx 71  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"We could perhaps put up a bear toll booth or something, sure."

"This actually allows the… the department to provide for their protection. I don’t want to kill a bear and I know you don’t either, but if a bear is threatening you or your family you would be free to do so."

"Thank you."

"Mr. Reboletti."

"You’re out of order, Sir."

"But now you’ve used Mr. Arroyo’s name in debate. Mr. Arroyo."

"Thank you, Mr. Speaker. Mr. Reboletti, we don’t… we don’t want to eat a lion. I never talked about eating a lion. I want to be able to put them on the same list, but… We don’t want to talk about eating lions. We don’t want to do that. We’re talking about cougars. I wanted to be able to add them. And I want to see… you know what, thank you. I am going to vote for the cougar Bill 'cause I think cougars are very 09800134.docx 72  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 important, especially when they come to my district. Thank you."

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Feigenholtz, Mitchell. Please take the record. On this question, there are 116 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3055, Mr. Fortner. Out of… You ready, Sir? Please read the Bill. Before you proceed, Mr. Bost."

"The record will reflect that. Mr. Fortner on his Bill. Mr. Clerk, please read the Bill."

"Mr. Fortner."

"Those in favor of the Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Evans, Mayfield. 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. Senate Bill 3071, Representative Kelly Burke. Please read the Bill." 09800134.docx 73  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Representative Burke." Burke, K.: "Thank you, Mr. Speaker. Senate Bill 3071 brings local libraries and library districts in line with other forms of government in granting two narrow exemptions to competitive bidding. This is exemptions that counties, municipalities, park districts, the Water Reclamation District, and sanitary districts already enjoy. It’s an initiation of the Illinois… initiative of the Illinois Library Association. And I know of no opposition."

"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? Reboletti. Please take the record. On this question, there are 82 voting 'yes', 33 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3074, Mr. Drury. Please read the Bill."

"Mr. Drury. Mr. Turner in the Chair."

"Thank you, Mr. Speaker. House Bill… Senate Bill 3074 is a victim rights Bill. It simply says that when there is an order of restitution to be paid to a victim that's interrupted by a term of imprisonment that probation could be extended in order to allow the victim to be made whole. It passed out of committee with no opposition. And I don’t know of any formal opposition to the Bill. I ask for your ‘aye’ vote."

"On that, we have Representative Reboletti." 09800134.docx 74  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Sponsor will yield."

"I believe it’s in the discretion of the court."

"I think the court would have to use its discretion, use the existing Code. My sense would be that the judge would look at what the per… interrupted period was, and use that as the main factor that if it was interrupted for five months, the judge may want to do that. But it would be up to the judge."

"Representative Drury to close."

"I ask for your 'aye' vote."

"The question is, 'Shall Senate Bill 3074 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 Lang, Mayfield. Mr. Clerk, please take the record. On a count of 115 voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’, Senate Bill 3074, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3076, Representative Feigenholtz. Mr. Clerk, please read the Bill."

"Representative Feigenholtz." 09800134.docx 75  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Thank you. Senate Bill 3076 does two things. It changes the name of the current Department of Public Health uniform Do-Not-Resuscitate Advance Directive Form to the DNR POLST life-sustaining treatment form. It’s simply a reflection under the real current form that’s being used for a patient to have more choices, aside from DNR. The Bill also increases the number of health professionals who can sign the POLST form right now. This Bill will allow APNs and physician’s assistants and medical residents to also sign the form. Also, what’s notable, this is voluntary. This is a voluntary form. Nothing in current law or under this Bill requires anyone to execute this form. I’m glad to answer any questions."

"Representative Ives."

"Sponsor will yield."

"This is typically a form that a profession… health professional would be offering or is requested by a patient who is making life decisions."

"That is correct."

"It’s currently what happen… right now. And this is a… this Bill, Representative Ives, just permits health care 09800134.docx 76  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 professionals who are actually in the room with patients spending more time with them. It just expands it to them. It adds them as health professionals."

"Correct. Yes."

"I agree with you. And… and the modifications on… on the DNR… and now the DNR POLST have evolved over time with a lot of input from people who work in these… in hospice around the country, around the state. There’s a sense of uniformity from one state to the next. And this is an advanced directive that gets more and more sophisticated as it applies to real life situations in real time."

"It is. Yes."

"I can’t really see what you have, Representative Ives, but it actually looks like the same one I have."

"You know what, I do not believe that the scenario that you’re describing is the intent of this Bill."

"Representative…"

"Okay. So… so, there had been discussion, Representative Ives, in committee about the form and the issue of possibly putting voluntary on the front, and I think that I’m more than glad to work with you and some of the other parties that were concerned about that in a… in a subsequent Bill. The other thing that you should know is, the Department of Public Health makes this form. It’s not in the Bill. It’s not… and that this Bill is a Bill that’s been worked on for quite some time. It has the support of the Illinois State Medical Society, the Illinois Hospital Association, and all Allied Health Professionals who are working with patients in these very sensitive circumstances."

"Well, you know, I mean, as I said, I am more than happy to work with you and other parties. I have had similar discussions with probably the same people you have about this. And I am more than glad to convene a meeting about this to continue to improve this form to allay some of your concerns. I think that…"

"…the form is designed, Representative Ives, to do exactly that, is to take suggestions, such as the one that you’re bringing up right now into consideration as we move forward."

"You know what, actually, we don’t even have to do this legislatively, Representative Ives. We can… the department has the power to do this, to make this change that you’re discussing. And so, we won’t even have to do it legislatively. We can convene and talk to them and possibly try and redesign it so that voluntary is a little bit more pronounced…"

"…on the front page per your request."

"I’m glad to do that with you." Ives: That’s great. I would appreciate that consideration. I just… I still have concerns over the Bill because it’s… it’s open- ended at this point. And you’re going to allow professionals, other than doctors, to sign off on a very, very serious form and to add language or directives that they may not know everything about. That’s my biggest concern as well. That’s what this Bill does. If we could work on the form, that’s good. I still think that the doctor should be signing with 09800134.docx 80  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 the patient on something as serious as a do-not-resuscitate. So, thank you for your comments."

"Representative McAuliffe."

"Sponsor will yield."

"Representative, I do."

"Representative Bellock."

"The Sponsor will yield."

"The… the form is not in statute, Representative Bellock. It is done by the department, they have the authority. So, if we want to, as Representative… the prior speaker indicated, have an opportunity to sit down with them, with some recommendations, we are able to do that. And I am more than glad to work with my colleagues on that."

"Yeah… correct."

"The legislation… the form is not in the legislation, but the language expands the number of health care professionals who can sign the POLST form, APNs and medical residents and physicians assistants. And Representative Bellock, when my mother was dying, most of the time the people that were around her were nurses or other professionals, not doctors. And sometimes this is an issue of timing, when families are coming to the realization that some decisions have to be made. Physicians are not always available when family members arrive to have this conversation with a loved one. These are typically family decisions, and sometimes waiting for a physician isn’t always in the… the best course of treatment, which is why I believe that the State Medical Society thought long and hard about the best interest of patients. I’m sure you will agree that these are people we 09800134.docx 82  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 trust with our family members. And again, this is a voluntary form. Which it’s just a reflection of what is real with our loved ones at the end of their lives."

"Representative Feigenholtz to close."

"Ladies and Gentlemen, this Bill is, as I said earlier, a product of many, many hours of work amongst people who take care of our loved ones. It has been customized for what happens, again, in real time when life-sustaining decisions need to be made. I’d appreciate your support on this measure."

"The question is, 'Shall Senate Bill 3076 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 Ford, Golar, Ives, Sullivan. Please take the record. On a count of 61 voting ‘yes’, 50 voting ‘no’, 1 voting ‘present’, Senate Bill 3076, having received the Constitutional Majority, is hereby declared passed. Representative Cabello, for what reason do you seek recognition?"

"Please proceed." 09800134.docx 83  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Thank you, Representative. Senate Bill 3096, Representative Lang. Mr. Clerk, please read the Bill."

"Leader Lang."

"Thank you, Mr. Speaker. Ladies and Gentlemen, as amended, this Bill does two things. First, in the area of… of filing reports of judgment with the Secretary of State after a traffic accident that leads to personal injury, today there’s a provision in the law that says a judge or a clerk has to file the judgment with the Secretary of State. Sometimes that’s not happening. And so, the first thing this Bill would say is that the attorneys can file that piece of paper. It’s simply a paperwork requirement. The second part of the Bill deals with technical changes due to new technology in the area of radar and lidar devices. There was no opposition to either portion of the Bill. I ask your support." Speaker Turner: "Seeing no debate, the question is, 'Shall Senate Bill 3096 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’, and 0 voting ‘present’, Senate Bill 3096, having received the Constitutional Majority, is hereby declared 09800134.docx 84  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 passed. Senate Bill 3109, Representative Pihos. Mr. Clerk, please read the Bill. Mr. Clerk, can you please move that Bill back to the Order of Second Reading and read the Bill for a second time?"

"Representative Pihos."

"Lady moves for the adoption of Floor Amendment #1 to Senate Bill 3109. 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. Senate Bill 3110, Representative Cassidy. Mr. Clerk, please read the Bill."

"Representative Cassidy."

"Thank you, Mr. Speaker, Members of the House. Senate Bill 3110 is an initiative of the Cook County State’s Attorneys Office to address some difficulties they’ve encountered of late. Under current practice, physicians and surgeons in hospitals once presented with a subpoena can… can turn over medical records for victims. There have been some issues of late where… where some hospitals have resisted, 09800134.docx 85  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 litigation has occurred and… and there have been trouble… it always ends up being that the records do get released. This will make that clear while still protecting patient privacy and protecting the hospitals and doctors. I ask for an ‘aye’ vote."

"Seeing no debate, the question is, 'Shall Senate Bill 3110 pass?' All in favor will 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 112 voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’, Senate Bill 3110, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3137, Representative Lang. Mr. Clerk, please read the Bill."

"Representative Lang."

"Thank you, Mr. Speaker. All this Bill would do would be requiring that members appointed to the Criminal Justice Information Authority be confirmed by the Senate. I know of no opposition."

"Representative Sullivan."

"Sponsor will yield."

"Bear with me a moment. I don’t think my file indicates the reason, but I’m going to guess you have a reason, Sir."

"I said that I don’t think I have the reason, but I bet you’re going to tell us one."

"Well, that program, I believe, was folded into the Criminal Justice Information Authority."

"Sounds like a great idea, don’t you think? You’re a Sponsor of this Bill."

"Bless your heart, Sir."

"Thank you."

"Representative Sandack."

"Representative Reboletti."

"Sponsor will yield."

"Yes. Well, we have a certain number of statutory members, you know. I suppose you don’t want me to read those into the record, do you, Sir?"

"Sure. The Attorney General, the State Appellate Defender, the State Appellate Prosecutor, the Cook County Public Defender, the State’s Attorney of Cook County, the Director of Corrections, the Director of the State Police, the Sheriff of Cook County, the Clerk of the Circuit Court of Cook County, the President of the Cook County Board, the Superintendent of the Chicago Police Department, and the Executive Director of the Illinois Law Enforcement Training Standards Board. Then there are appointed members which include a Circuit Court clerk out of Cook County, a sheriff out of Cook County, a state’s attorney out of Cook County, a public defender out of Cook County, a Chief of Police and six members of the general public." 09800134.docx 88  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Yes, I did. Were you listening, Sir?"

"All right. Just checking."

"Peter Ellis."

"That appointment is also made by the Governor, Sir."

"I don’t think we have that information with us, Sir."

"Leader Lang to close."

"Vote ‘aye’."

"The question is, 'Shall Senate Bill 3137 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’, and 0 voting ‘present’, Senate Bill 3137, having received the Constitutional Majority, is hereby declared passed. 09800134.docx 89  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 Representative Arroyo, for what reason do you seek recognition?"

"Thank you, Mr. Speaker. In the previous Bill, that Kelly Cassidy had, the doctor’s Bill, I did not vote. My switch is bad. Can you send a mechanic here? I think that that cougar Bill messed up my board."

"I believe you are referring to Senate Bill 3110."

"3110, yes."

Speaker Turner: "The Journal will reflect your request, Representative."

"Thank you."

"Senate Bill 3139, Representative Davidsmeyer. Mr. Clerk, please read the Bill."

"Representative Davidsmeyer."

"Representative Franks."

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

"Sponsor will yield."

"I’m reading the Bill right now, quickly. I understand we had some propane shortages earlier in the year and there was real price gouging. Correct?"

"Well, it ma… it caused the prices to spike."

"Yeah, I was… I was concerned about that. I had actually reached out to the Attorney General and I know other folks had as well."

"Yeah, because I was concerned that the consumers were getting ripped off as a result."

"Now, how long would the safety measures on the weight be lifted? Would it only be during the emergency?"

"Has there been anyone who's weighed in on the safety issues here? Wouldn’t it be easier, possibly, to get more trucks or something involved? I am a little worried that if you have a truck that has this much weight on it, with such a combustible payload, that it could be a problem. So, I understand what you're trying to do, but I’m wondering if there might be another solution that isn’t quite as… flammable."

"Has anyone from the safety community weighed in on this? Has IEMA, for instance."

"Okay. So, there’s no known opposition to this." 09800134.docx 91  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"And IDOT was okay with it?"

"Okay. I’m just… want to make sure that we're not having an unintended consequence and creating a bigger problem here. I know what you’re trying to solve. I just don’t want to… you know…"

"Okay. Thank you."

"Representative Mautino."

"Thank you. I simply rise in support of the Gentleman’s legislation. Throughout this winter, those of… those people who use liquid propane for their… to heat their homes, to run their operations, their farms, saw spikes in those prices anywhere from going from $1.60 up to almost $5 a gallon. You saw four and five times the monthly bill. And that was partly caused or very much caused by the… not having the ability to get the propane in at the time they were needed. They don’t do stockpiles anymore. And the companies with propane gas have cut back on the amount they have. So, with this legislation, it would allow us to bring in, during those emergency times, the amount of propane needed to keep the operations going to help keep the prices from spiking like they did. And the other states around us have had this in place already. So, I thank the Gentleman for bringing it up."

"Representative Bost."

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

"Sponsor will yield." Davis, W.: "Representative, yeah, just one. When you talked about the declaration of emergency by the Governor, what ends the declaration of an emergency by the Governor?" 09800134.docx 93  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Representative Costello."

"Thank you, Mr. Speaker. To the Bill. I think we’re all aware that we had an unusually cold winter this year. This helps people in rural communities. Many of them depend on this propane for their heat. I think this is a great Bill. I commend the Sponsor. And I ask for a ‘yes’ vote."

"Representative Davidsmeyer to close."

"The question is, 'Shall Senate Bill 3139 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 the count of 114 voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’, Senate Bill 3139, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3147, Leader Currie. Mr. Clerk, please read the Bill."

"Leader Currie."

"Thank you, Speaker. Members of the House, 10 years ago, the General Assembly created the Housing Opportunity Area Tax Incentive Program to encourage landlords in affluent neighborhoods to take people who have Section 8 vouchers. The program sunsets this year. This measure would extend the program for another 10 years. I know of no opposition. And I'd be grateful for your support."

"Seeing no debate, the question is, 'Shall Senate Bill 3147 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 the count of 114 voting ‘yes’, 0 voting ‘no’, 1 voting ‘present’, Senate Bill 3147, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3157, Representative Mautino. Mr. Clerk, please read the Bill." 09800134.docx 95  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Representative Mautino."

"Thank you, Ladies and Gentlemen of the House. Senate Bill 3157 is an initiative of the Department of Public Health. And it changes the… it deletes obsolete language and clarifies existing terms so that we’re… we match up with the Federal U.S. Food and Drug Administration’s Pasteurized Milk Ordinance. And I would stand for questions."

"Representative Pritchard."

"Sponsor will yield."

"He’s listening."

"That is correct. That… it’s different legislation and that dealt with raw milk. That is not this Bill. This matches us… our language and the state’s to the federal language for the Pasteurized Milk Act."

"Representative Tracy."

"Sponsor will yield."

"Got milk? No, but actually, I wanted to thank Representative Franks because, until this point, I wasn’t aware that big boys actually still did hair. It was either that or he was standing too close to the windmills at the Environmental Caucus meeting for the green folks. But other than that…"

"Thank you."

"Representative Costello."

"Yeah. Will the Sponsor yield?"

"Sponsor will yield."

"Representative, does the Farm Bureau have a position on this Bill?"

"They are… they are neutral. They’ve looked at the language and saw that we are simply just matching our statute to federal language."

"Thank you. Thank you, Mr. Speaker."

"Representative Mautino to close."

"Appreciate an ‘aye’ vote."

"The question is, 'Shall Senate Bill 3157 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 Morrison. Mr. Clerk, please take the record. On the count of 115 voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’, Senate Bill 3157, having received the Constitutional Majority, is hereby declared 09800134.docx 97  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 passed. Representative Franks, for what reason do you seek recognition?"

"Point of personal privilege, Speaker."

"Please proceed, Sir."

"I just wanted to point out, first of all, Speaker, that we are moving so much quicker with you up in the well. I appreciate that. But… but I’m standing here… I’ll defend myself later, but we have a very special guest on the House Floor. I’m looking here, and I’m excited. We have one of the greatest Chicago Bears of all time, entire career with the Chicago Bears from ’76 through ’87, made the most punishing hits on the field that many of us had ever seen, redefined the position of safety. Ladies and Gentlemen, we're lucky to have Gary Fencik with us. He’s down in the well."

"Welcome. Thank you, Representative. Members who would like a picture can come down to the well, for everyone else, we will continue down the Calendar on page 8 with Senate Bill 3176, Representative Will Davis. Mr. Clerk, please read the Bill."

"Representative Davis." Davis, W.: "Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3176 is an initiative of the Illinois Department of Public Health. The Bill makes technical changes and some substantive changes to the Illinois Manufactured Housing and Mobile Home Safety Act. The goal of this Bill is to modernize the authorizing legislation and provide administrative authority to enforce the Act. 09800134.docx 98  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 Currently, there are no provisions allowing IDPH to handle violations administratively and this Amendment addresses that deficiency. I’ll be more than happy to answer questions."

"Seeing no debate, the question is, 'Shall Senate Bill 3176 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 Soto. Mr. Clerk, please take the record. On a count of 112 voting ‘yes’, 3 voting ‘no’, and 0 voting ‘present’, Senate Bill 3176, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3225, Representative… Representative Unes. Mr. Clerk, please read the Bill."

"Representative Unes."

"Seeing no debate, the question is, 'Shall Senate Bill 3225 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’, and 0 voting ‘present’, Senate Bill 3225, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3228, Representative Williams. Mr. Clerk, please read the Bill. Mr. Clerk, can you please bring Senate 09800134.docx 99  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 Bill 3228 back to the Order of Second Reading and please read the Bill."

"Representative Williams."

"Thank you. The Amendment simply provides some language to accommodate the needs of the Anatomical Gift Association. And I’d request we move it on and debate it on Third Reading."

"Lady moves for the adoption of Floor Amendment #2 to Senate Bill 3228. 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. Senate Bill 3231, Representative Sandack. Mr. Clerk, please read the Bill."

"Representative Sandack."

"On that, we have Representative Will Davis." Davis, W.: "Mr. Speaker, will the Sponsor yield?"

"Sponsor will yield." Davis, W.: "I may have more than one question on this one. So, as I’m reading, when you talk about maintenance, are you talking about alimony?"

"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?" 09800134.docx 102  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Sponsor will yield." Davis, M.: "Representative, is this a mandate?"

"Representative Dunkin."

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

"Sponsor will yield."

"Representative, my colleague, Representative Monique D. Davis asked some pretty relevant questions as it relates to a mandate and a judge’s discretion. So, currently a judge makes the complete determination if it’s not an agreed matrimony or maintenance between the two former or current spouses?"

"So, currently, if a man… if a couple is getting a divorce, the judge rules 100 percent whether an agreement is going to be 30 percent, 40 percent, 0, or 100 percent, correct?"

"Okay. So, now typically how… what’s… these percentages… does this land on the male spouse or the female spouse? I mean, how does… who does… you know, is this like the highest breadwinner? How does that work?"

"So, how… how would that happen… how would it apply to gay or lesbian couple?"

"So, whoever makes the most money…"

"So, is this… granted, there's a wide discretion as it relates to judges and various couples mitigating circumstances."

"Okay. So, why do we need this right now at this point? Is it just because the Illinois State Bar Association says we should have it?"

"So, have judges weighed in on this particular issue?"

"So, is there a particular organization that would support something along these lines?"

"Okay. Where’s the Cook County Bar Association on this? Were they even…"

"All right. So, is this happening in other states?"

"This sort of formula for maintenance guidelines."

"So, is this a mandate or a suggestion?"

"So, it is a mandate."

"I see millions in my analysis here. It says… it says Senate Bill 3231 is an initiative of the Illinois State Bar Association that provides new guidelines regarding how maintenance may be calculated for…"

"…a dissolution of marriage."

"Thank you."

"Representative Martwick."

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

"Sponsor will yield."

"Representative Sandack, I took a look at the language of the Bill and… and my reading of it says that the… the judge, upon a finding of award of maintenance, shall consider these… these factors that you suggest, right? But it also says that upon considering those factors the judge then has the discretion, and I think that’s the word that everyone's looking here, they have the discretion to deviate from those guidelines after they’ve considered those factors."

"So, there is no mandate here."

"Yes. But the point is that this does not limit…"

"Exactly. So, you’ve got… we… what we’re doing is we’re setting up a series of guidelines that set by, as you said, experts in the field, and the judge still has the discretion to follow that or do something else."

"This is a very good Bill. I urge an ‘aye’ vote."

"Representative Mautino."

"Thanks. Does the Sponsor yield?"

"Sponsor will yield."

"Representative, I've had some calls from practicing… attorneys who practice in this field, and they had some great concerns about the formula and the structure. Now I know, and understand from them that, for example, in child support there are guidelines which would have… which are structured and there’s facts and there are economic studies behind what created those guidelines. Where did these come from?"

"Now, they came up with these guidelines, but I mean, what… what backs their decision for it? Because pretty much in child support, those guidelines became 'it', the structure. So, we might have a basis here that where there could be an agreement or an agreement for less than what are structured within your different year ranges and the… and the 09800134.docx 110  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014 structures in this guide itself. There could never be an agreement less, so you become… you'd get a floor?"

"It just seems discretionary."

"No, no…"

"…I understand that pretty much child support, once the guidelines were set they became exactly what it… what it would be. Guidelines became the basis. And in… in fact, here, why would anyone agree to less than what, even if the parties could agree, yes, there’s discretion, but in all practicality, no one would ever agree to less."

"I appreciate your… you answering the questions. I do have those concerns only because those in my area who practice in this area of law have those concerns, so they’ve relayed them to me. So, I appreciate that. I’ll be voting ‘no’, just because I… I have concerns about this becoming that… the standard and concerns have been raised from those that I represent. So, thank you."

"Representative Franks."

"To the Bill. I appreciate… I know we’re… I know it’s going late. I listened to the debate, and I wasn’t sure when we started where we were going to go. You convinced me, Mr. Sandack, to vote for this because there are… I don’t believe it’s a mandate because it’s guidelines allowing the judges in their own discretion how to go forward. I also… another reason I’m voting for this and I’d encourage others to, is this was vetted by the Illinois State Bar Association. The ISBA is a large… it’s the largest volunteer Bar Association in the country. There are over 30 thousand members. They have an assembly. They have separate committees. This was thoroughly vetted through their committees and then through their assembly. This group does not make recommendations lightly. And they’ve asked for this to be changed. And this… these recommendations are made by folks who are on the front lines along with the judges. I think that we ought to respect the people who deal with this every day, and listen to their suggestions. Please vote ‘aye’." 09800134.docx 112  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 134th Legislative Day 5/20/2014

"Representative Sandack to close."

"The question is, 'Shall Senate Bill 3231 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 Cross. Mr. Clerk, please take the record. On a count of 64 voting ‘yes’, 51 voting ‘no’, 0 voting ‘present’, Senate Bill 3231, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Agreed Resolutions. No Agreed Resolutions. Allowing for perfunctory time for the Clerk, the House will adjourn Session to… Leader Currie moves that the House adjourn Session 'til Wednesday, May 21 at the hour of 12:30 p.m. All in favor say ‘aye’; all opposed say ‘nay’. In the opinion of the Chair, the ‘ayes’ have it. And the House is adjourned."