Illinois House Floor Debate — December 2, 2014

"All right. Excuse the bell, Members of the House. The Republicans are in caucus, so we'll be at ease. The House will be in order. Members will be in their chairs. We shall be led in prayer today by Father Rand York who is with Church of the Resurrection in Wheaton. Father York is the guest of Representative Fortner. Members and guests are asked to refrain from starting their laptops, turn off cell phones, and rise for the invocation and Pledge of Allegiance. Father York."

"We'll be led in the Pledge by Representative Tryon." 09800150.docx 1  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Roll Call for Attendance. Leader Currie."

"Thank you, Speaker. We have no excused absences to report among House Democrats today."

"Congressman Bost."

"Please take the record, Mr. Clerk. We have 115 House Members present; we do have a quorum. Leader… Mr. Clerk."

"The Chair recognizes Leader Currie for a Motion."

"Thank you, Speaker. I move to suspend the posting requirements so that Senate Bill 2047 can be heard in Counties & Townships, and Senate Joint Resolution 79 may be heard in the Judiciary Committee. I know of no opposition."

"There being no objection, does the Lady have leave? Leave is granted. The Chair recognizes Mr. Yingling."

"Point of personal privilege, please?"

"Proceed, Sir."

"I would like to introduce Rudy Repa from my district and he will be here Paging for the House for the entire week. So, let's show him a really good time. Let's get a little rowdy and give him a big round of applause."

"Welcome aboard. On page 4 of the Calendar, under the Order of Total Vetoes, there appears Senate Bill 930. Mr. Moylan."

"Out of the record."

"Out of the record. The Chair recognizes Mr. Bost."

"You may proceed."

"Ladies and Gentlemen, can we give Mr. Bost your attention?"

"Welcome. Thanks for being with us. Chair recognizes Representative Moylan on Senate Bill 930."

"Thank you, Mr. Speaker. Thank you, Members of the General Assembly. Senate Bill 930 amends the Vehicle Code by increasing the maximum speed limit on any interstate highway for motor vehicles of the second division, in other words, trucks, from 55 to 60 miles per hour for interstate highway roads. The maximum speed limit remains at 55 for all noninterstate highways. And I respectfully ask for an 'aye' vote."

"Chair recognizes Representative Davis." Davis, M.: "Thank you, Mr. Speaker. I believe the Governor's Veto message on this legislation was that he did not want to see one family lose their lives based upon the increased speed of these huge vehicles. Prior to our… or shortly after us leaving Session, there was a very… a number of accidents with these 09800150.docx 4  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 18 wheelers and trucks. One, there was a car that went up under the 18 wheeler, and there were others. And I am concerned, as our current Governor is, that we will take profit over lives. We want our business people to make as much profit as they can, but not at the risk of the lives of children, and babies, and mothers, and fathers, and senior citizens. The speed we have today is perfectly accurate and perfectly controlling to prevent some of these catastrophes. I don't know about you, but when I travel, I don’t want that 18 wheeler on my back going at the same speed I'm going. I agree with Governor Quinn, the current Governor, that this Bill should be vetoed and I support his Veto. I urge a 'no' vote. Thank you."

"Mr. Moylan to close."

"Yes. The intent of Senate Bill 930 is to reduce the speed differential on rural interstates in the collar counties to more than… no more than 10 miles per hour, which was the speed differential that existed prior to January 1, 2014. Thank you. And I repeat… ask for an 'aye' vote."

"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. This requires 71 votes. Have all voted who wish? Have all voted who wish? Please record yourselves. Cassidy, Manley, Wallace. Wallace. Please take the record, Mr. Clerk. On this question, there are 103 voting 'yes', 12 voting 'no'. And the Gentleman's Motion is successful. And this Bill, having received the Constitutional Majority, is hereby declared passed, notwithstanding the Veto of the Governor. Mr. Sandack." 09800150.docx 5  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Proceed, Sir."

"Can we give Mr. Sandack your undivided attention?"

"Thank you, Mr. Sandack. Representative Pihos."

"Please proceed."

"Welcome. Thanks for being with us. The Chair recognizes Representative Monique Davis." Davis, M: "Thank you, Mr. Speaker. I really just wanted to inform the Body of a tragic event that happened in my district this morning. This morning a house exploded becau… it was a gas explosion. And so far there are no fatalities. The entire 09800150.docx 6  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 square block of where I live, and my constituents live, has been evacuated. The gas company and the city water department were working underground. The first fire was put out and they thought everything was okay. And within one hour, the second house totally exploded and it is now total rubble. Thank God, the family was at work. Thank God, the children were at school. Thank God, no one was injured, so far. We pray for that family. It’s a holiday season and we'll be doing whatever we can to assist them. But each of us should realize, it is only within a moment that the lives we live today could be changed. Have a great afternoon. Thank you."

"Thank you, Representative. Chair recognizes Mr. Brady."

"Please proceed, Sir."

"Welcome. Happy you're with us today. Page 5 of the cal… Excuse me. Mr. Clerk, Rules Report."

"Moving to page 5 on the Calendar, under the Order of Agreed Resolutions, there appears House Resolution 1299 Mr. Brauer. Please proceed, Sir."

"Mr. Clerk, was it your plan to read the Resolution? Please do that."

"Mr. Brauer."

"Congratulations. Those in favor of the Resolution will say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. On Supplemental Calendar #1, there appears House Resolution 1297, Representative Gordon-Booth. 09800150.docx 8  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 Ladies and Gentlemen, we need to reduce the noise in the chamber. This is a Death Resolution. Representative Gordon- Booth. Mr. Clerk, please read the Resolution."

"Representative Gordon-Booth."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the Body. House Resolution 1297 would hopefully recognize January 15 as the Wayne McClain Day in the entire State of Illinois. Many of you may have heard or have known Wayne McClain, but Wayne McClain was a coach at Manual High School for almost two decades and during his tenure there, he was one of the first coaches in this state to win four straight IHSA championships alongside his son Sergio McClain, who is in the gallery today. He left Manual High School and then went on to become an assistant coach at the University of Illinois. After leaving Illinois, he then went on with Coach Bruce Weber to Kansas. And after he left Kansas, he came back to Illinois high school basketball where he made his bones. And he worked very closely with Sergio, his son, and other members of the Champaign community coaching Champaign Central to a well-deserved victory, much past what they had received the year before. What he had a tact and a great ability to do was to tap into young men and young women's true talent, and I don’t just mean on the basketball court. Oftentimes, we 09800150.docx 9  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 recognize people in this Body because of the significance that they have received within their career, but today I bring forth this Resolution, not because he was significant in his career, but because he was significant in the lives of the people who he touched. Wayne McClain was a stellar for making young men and young women pick themselves up by their boot straps, encouraging personal responsibility, and he didn't take any mess. He made men out of boys and women out of young girls. When he passed away, the Peoria community felt like they had lost a head of state. He impacted people not just in the Peoria community and in the central Illinois community, but people literally around the state. And so I am bringing forth this Resolution today and I would like to ask if the entire Body would be willing to sign on and cosponsor this Resolution and honor the McClain family who is here with us in the gallery today. His loving wife of many, many years, Robin McClain, his beautiful and only daughter, Brindeshie, who is six and a half months pregnant, and his son, Sergio McClain, two sisters, Eunice and Rosie McClain, as well as cousins. If we could have a moment of silence."

"Representative Gordon moves that all Members of the House be added as cosponsors. Is there leave? Leave is granted. Mr. Unes."

"Mr. Riley."

"Thank you, Mr. Speaker. My sincere condolences to the family. I think Representative Unes had it right. The entire state lost someone that was very important. I went down to Bradley between '69 and '71, before getting drafted, not in basketball. And if you've touched Peoria at all, you always have an affinity for Peoria. And what this man accomplished, especially beating a lot of good Chicago teams along the way, is legend, and many of us get together and talk about who's the best basketball player, who's the best coach; I know Representative Cavaletto and I will go back and forth on those issues. But what this man did is something that is the stuff of legend. And I just want the family to know and everyone in the state to know that we lost someone great. We should also always remember that when, you know, the panoply of, you know, what goes on in terms of Illinois sports is written, you know, when that role is written, Wayne McClain's name will be right at the top. Thank you very much."

"Mr. Leitch." 09800150.docx 11  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Representative Jakobsson."

"Thank you, Mr. Speaker. I'd like to offer my condolences also to the McClain family and thank you Representative Gordon for bringing forth this Resolution which says so much about Wayne McClain. I know that the outpouring in Champaign from young people was just so impressive but I know that it was only a small representative of the outpouring of love, respect, and condolences that came throughout the state. And I'd like to have the family know that they sure have my condolences. Thank you."

"Those in favor of the Resolution say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. Please stay where you are Members for House Resolution 1366. Mr. Davidsmeyer. Mr. Clerk."

"Mr. Davidsmeyer."

"Representative Tracy."

"Those in favor of the Resolution will say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. You may take your seats, Members. On page 2 of the Calendar, under the Order of Senate Bills-Third Reading, there appears Senate Bill 1009, Mr. Drury. Mr. Clerk, please read the Bill. Gentleman wishes to move the Bill back to the Order of Second Reading. Mr. Clerk, please read the Bill."

"Mr. Drury."

"Thank you, Mr. Speaker. Floor Amendment 2 just makes some technical changes… actually is a gut and replace to 1009. I would suggest that we move it to Third and debate it there?"

"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. Drury." 09800150.docx 15  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Thank you, Mr. Speaker. Senate Bill 1009 is the revenge porn Bill, Ladies and Gentlemen. It passed out of the House back in May with 112 votes. In the Senate there were some issues that we negotiated over the summer. This is the final version. I believe we have agreement with both chambers. And I ask for your 'aye' vote."

"Mr. Sandack."

"Sponsor yields."

"Yes. Senator Hastings and I worked on it over the summer."

"That's my understanding."

"I've been told there's concurrence. I don't know what goes on in my… as I stand here today, I worked with Senator Hastings over the summer. We have agreement."

"Yes, we do."

"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. Cassidy, Cavaletto, Currie, Harris, Mussman. Mussman. Please take the record. On this question, 09800150.docx 16  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 there are 112 voting 'yes', 3 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1431, Mr. Sullivan. Please read the Bill. Gentleman wishes to move the Bill back to the Order of Second Reading. Please read the Bill on Second Reading."

"Mr. Sullivan on the Amendment."

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

"Please read the Bill. Third Reading. Please read the Bill."

"Mr. Sullivan."

"Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Switches are right in front of you, Members. Bradley, Gordon, Mautino, McAsey. Please take the record. On this question, there are 111 voting 'yes', 4 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2992, Leader Currie. Please read the Bill. Again, Mr. Clerk, please put this Bill on the Order of Second Reading and read the Bill."

"Leader Currie on Amendment 1."

"Thank you, Speaker and Members of the House. This is a measure to help make sure the Department of Juvenile Justice meets the terms of a Federal Court settlement in respect to educating people within the control of the department. I'd be happy to answer your questions."

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

"Leader Currie on Amendment 2."

"Thank you. This adds an immediate effective date."

"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."

"Leader Currie."

"This will make it easier for the Department of Juvenile Justice to hire educators so that we can meet the terms of a Federal Court decree settlement charging that we were not doing an adequate job to educate the youth within the control of the department. I know of no opposition. I'd be grateful for your 'aye' votes."

"Mr. Franks on the Lady's Bill."

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

"Lady yields."

"Representative, I'm reading the analysis here and it indicates that one of the problems that we have is that the Department of Juvenile Justice indicates that the process can take six to eight months because of… Tell me why it takes six to eight months."

"There's something wrong with that and I think that we need to address it in the spring Session. But there's an immediate need to make sure these people have the opportunity to educate children in the department. What this does, is to say they have to be certified by the State Board of Education 09800150.docx 19  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 and they don’t have to take a particular exam. We have done the same for doctors, for nurses, working in state facilities, working for the state. And so, we have lots of precedent for it, but I agree with you that we need to figure out why it's taking so long."

"That concerns me because it's not just in this aspect. I hear folks all the time tell me they can't work in this state because they can't get IDFPR to give them their license. Or CMS, in this instance, isn't getting quickly enough so we can educate our children at the juvenile… at the juvenile facilities. So, I think this is a much bigger issue than just this Bill. I just wanted to make sure that we still have procedural safeguards that the best teachers are being hired for these at-risk children."

"Yes. And they have to meet State Board of Education requirements, so, they are. And the department, will, I am sure, make sure they're hiring the best that is available to them."

"Well, I appreciate your bringing this forward and to the Bill. I think the Lady has hit on a very important and very serious problem that we have in this state, where I think CMS has been overwhelmed. I'm not sure that they have the expertise or the ability to deal with many of these things. I'm hoping that with a new administration that perhaps that we will overhaul CMS because I think it's gotten too big and it's monolithic and it's slow moving. And this is indicative of when we have to change laws because they cannot do their job, it's a very serious problem and this isn't isolated. As I said before, I'm hearing every day from constituents can 09800150.docx 20  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 you please check to see where my application is because I can't work. And I've got a job waiting for me, but I cannot work. So, I think this is very important. I'd encourage an 'aye' vote. And I also would hope that this would stimulate the discussion so when we come back here next month that we seriously look at not just CMS but IDFPR and how we can get Illinoisans back to work and quit having our state be an impediment to people getting jobs."

"Mr. Reboletti."

"Mr. Reboletti makes a good point. Ladies and Gentlemen, Ladies and Gentlemen, can we hold this down to a dull roar? We at least want to hear Mr. Reboletti a little bit. Mr. Reboletti."

"Lady yields."

"I would suggest that because there is urgency involved in the Department of Juvenile Justice and taking to heart the 09800150.docx 21  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 comments of Representative Franks, I think it would behoove us to move this at this point and begin serious discussion about problems in the procedures in CMS and IDFPR in the spring Session. The only one that I know of that is facing a Federal Court deadline in respect to educational activities is the Department of Juvenile Justice."

"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. 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. The Chair recognizes a former Member. Jim Sacia is in the back. Jim, 09800150.docx 22  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 you want to auction off a few of these Bills for us, Sir? Senate Bills-Second Reading. Senate Bill 803, Representative Flowers. Mr. Clerk, please read the Bill."

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

"Representative Flowers."

"Thank you, Mr. Speaker. Senate Bill 803 is some cleanup language to deal with DCFS and I know of no opposition. And it will implement changes. Instead of 2015, it'll be 20… July 1, 2016. And I urge for your 'aye' vote."

"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? Soto, Williams. 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 2729, Representative Jakobsson. Please read the Bill. No running, Representative."

"Representative Jakobsson on Amendment 3."

"Thank you, Mr. Speaker. Amendment #3 has been adopted in committee. And can I have just one moment, please? I'm trying to pull it up on my computer, Sir, if you can just bear with me. Senate Bill 2729, the way this is now amended, exempts the Procurement Code purchases that are made by the state universities through the Midwest Higher Education Compact. MHEC is a compact state… 12 states belong to. And this compact enables university systems in several states to collectively purchase items such as student health insurance plans, research equipment and technology. And this would help our universities use just the MHEC procurement and then they would report later. They wouldn’t have to follow all of the state procurement that's imposed on them now."

"Lady moves for the adoption of the Amendment. Chair recognizes Representative Ives."

"The Chair prefers to adopt the Amendment…"

"…but if you have a comment now…"

"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."

"Representative Jakobsson."

"Thank you again, Mr. Speaker and the Ladies and Gentlemen of the House. I just explained what this Amendment does and I would urge an 'aye' vote."

"Lady moves for the adoption of the Amendment. Now the Chair recognizes Representative Ives."

"Sponsor yields."

"I'm not sure she's looking at the Amendment."

"Mr. Pritchard."

"Sponsor yields."

"I'm having a difficult time hearing. I know you asked if I remember something, but I don’t know what you said."

"Mr. Pritchard has requested that the Members tone down the conversation. He's within his rights to do that. It 09800150.docx 25  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 is very noisy in here. Members, Members, please. Mr. Pritchard."

"Oh, yes. Oh, has this Body endorsed it? Well, I…"

"Right. I was going to say…"

"Right. It's a long time ago and it's been part of the Midwest Higher Education… Illinois has been part of the Midwest Higher Education Compact for many, many years."

"Yes, I think if people looked at their own communities and saw how some of the agencies in their local communities participate and benefit from the purchasing they would probably really be surprised that city governments, libraries, many, many agencies and institutions use MHEC."

"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. Mr. Clerk, on this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received… this Bill… this Bill, receiving a Constitutional Majority, is hereby declared passed. On Senate Bill 2758, Leader Currie. Mr. Clerk, please read the Bill."

"Leader Currie on Amendment 8."

"Thank you. This Amendment does two things. First, in response to questions from committee, it means that the Bill will not apply to people who are under the age of 18 and second, it clarifies a technical issue for the Comptroller's Office."

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

"This Bill will be held on the Order of Second Reading. Senate Bill 2839, Representative Wheeler. Please read the Bill."

"Representative Wheeler."

"Amendment #1 is withdrawn. Mr. Clerk."

"Mr. Bradley on Amendment 2."

"I'd ask for the adoption of that and then debate it on Third, if appropriate."

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

"Third Reading. Please read the Bill."

"Representative Wheeler. If Mr. Reboletti would let you do your Bill. Representative Wheeler."

"Mr. Bradley, do you wish to debate the Bill?"

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

"Perhaps you could explain something about the Bill to us, Sir?"

"Sure. So this would increase the bonded indebtedness percent of all school district and would also take care of an accounting problem with debt that's never going to be repaid for the Chicago Port District. I'd ask for an 'aye' vote."

"That was much better. Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Question of the Sponsor. Who is the Sponsor?"

"Well, let's refer our questions to Mr. Bradley by agreement." Harris, D.: "Okay… so… so, just so the Body understands. I… I know that that was a brief explanation, but let me make sure I… you heard it…"

"Excuse me, Mr. Harris, this will really confuse you. Representative Wheeler wishes the Bill to be taken out of the record." Harris, D.: "Thank you, Mr. Speaker."

"Mr. Reboletti, for what reason do you rise? Mr. Sandack is your light on for that Bill?"

"All right"

"Thank you. Senate Bill 3075. Mr. Clerk, please read the Bill."

"Representative Burke." Burke, K.: "Thank you, Mr. Speaker. I'd like to adopt Amendment #1 and Amendment #2. Amendment #1 was heard in committee. Amendment #2 is a technical cleanup that I'd like adopted on the floor."

"So, first on Amendment 1. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

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

"Representative Burke." Burke, K.: "Mr. Speaker, I would like those notes ruled inapplicable."

"The Lady moves that the notes be held inapplicable. Mr. Sandack on the Motion."

"Mr. Reboletti." 09800150.docx 30  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"They will be voted on note by note. Representative Burke." Burke, K.: "Mr. Speaker, in terms of the fiscal notes, none of this is state funds. These are… this is all local funds. And I don’t believe that the fiscal note or the state mandates note in that case are applicable."

"Lady first moves that the fiscal note request be held inapplicable. Mr. Reboletti."

"Certainly. I thought you were completed with your debate, Sir. Do you wish to debate…"

"…this Motion?"

"Mr. Reboletti, you can have all the time you want, Sir."

"Until I say it's too much. Your turn, Sir."

"Let you know."

"Sponsor yields."

"That's it, Sir? Mr. Sandack."

"Sponsor yields."

"Mr. Brady on the Motion."

"The Lady has moved that the fiscal note be held inapplicable. Those who support the Lady will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? DeLuca, Dunkin, Walsh. Mr. Walsh. Please take the record. On this question, there are 70 voting 'yes', 44 voting 'no', 1 voting 'present'. And the Lady's Motion carries and the fiscal note is inapplicable. Mr. Clerk, the next note."

"The Lady moves that the Home Rule note be held inapplicable. The Chair recognizes Mr. Reboletti." 09800150.docx 34  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Yes, Sir."

"This Bill does not preempt Home Rule and could require 60 votes."

"The Chair… the Chair made a ruling, Sir. And didn’t contact any counsel."

"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? Jakobsson, Walsh. Please take the record. Mr. Clerk, on this question, there are 71 voting 'yes' 44 voting 'no'. And the Lady's Motion carries and the Home Rule note is held inapplicable. Mr. Clerk."

"Mr. Sandack."

"Sponsor yields."

"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? Mayfield, Moylan, Thapedi. Mr. Thapedi. Please take the record, Mr. Clerk. On this question, there are 70 voting 'yes', 44 voting 'no'. And the Lady's Motion carries and the judicial note is held inapplicable. Are there… Next note, Mr. Clerk."

"There being no debate, those in favor of the Lady's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question there are 69 voting 'yes', 44 voting 'no'. And the Lady's Motion carries. And the state mandates note is held inapplicable. Mr. Clerk."

"Third Reading. Please read the Bill."

"Representative Burke." Burke, K.: "Thank you, Mr. Speaker. Senate Bill 3075, Floor Amendments 1 and 2, raises the pay for citizens serving on a jury. The current jury payment statute has not been updated in 40 years. Jury compensation varies from county to county with the highest being Cook County which pays $17.20 a day for service, the next being Sangamon County which pays $15 a day. We are all aware of the difficulty and reluctance with which some citizens approach jury service. Part of their reluctance is the low rate at which they are compensated for that service. This low rate can cause hardship to some jurors. This Bill would increase the initial day of service, the fee for that to $25 and any subsequent day of service to $50. It would eliminate payment for travel costs that some counties do pay in addition to their low rate of compensation. In order to offset the cost of increased payment for jurors, the Bill reduces the number of jurors in a civil case from 12 jurors to 6. This reduction would be for civil cases only. Criminal juries would remain at 12. The requirement that a jury verdict in a civil case be unanimous would remain as well. All civil juries in the federal system have 6 jurors, and that has been the case for over 50 years. Thirty-eight states have juries of 6 for civil cases including our neighbor, Indiana. Current law in Illinois already allows for 6 jurors in cases where the damages sought are $50 thousand or less. By utilizing six jurors, fewer citizens will be called for service, fewer families will have their routines disrupted, fewer businesses will lose productivity. By being called upon less often and being compensated better, jurors will be more willing to 09800150.docx 37  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 serve. In addition, the process of voir dire, the picking of a jury, often takes up to two days of the trial. Seating six jurors will take one half the time, thereby saving money and making the use of precious judicial time more efficient, reducing costs for litigants, and providing for a speedier trial process. I'll be happy to answer any questions. And I would urge an 'aye' vote."

"Mr. Sandack."

"Lady yields."

"Ladies and Gentlemen, I certainly would like to hear Mr. Sandack. Let's listen to him. Please proceed, Sir."

"Representative Ives."

"Sponsor yields."

"Mr. Reboletti. Mr. Reboletti."

"Ladies and Gentlemen, can we please hold the noise down. Ladies and Gentlemen. How's that?"

"Okay."

"The quality Sponsor yields."

"Mr. Kay."

"The Sponsor certainly yields."

"Mr. Kay makes a good point as other people have. It is very noisy in this chamber today. We all have other business to attend to. We have other Bills on the Calendar. It would be good to get through them. Mr. Kay."

"Mr. Thapedi."

"Thank you, Mr. Speaker. Will the Sponsor yield?" 09800150.docx 50  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Sponsor yields."

"Representative, are you familiar with the Illinois Association of Defense Trial Counsel?" Burke, K.: "I… I sure do. One of them testified at the Judiciary hearing yesterday on a different Bill."

"Okay. And on this Bill, what was their position?" Burke, K.: "No position."

"Okay. That's interesting because the Illinois Association of Defense Trial Counsel is basically the opposite to the Illinois Trial Lawyers Association, correct?" Burke, K.: "That… that's correct."

"And they lodged no objection, whatsoever, correct?" Burke, K.: "While they were in the room."

"While they were in the room?" Burke, K.: "So, my point is, they were accessible. I was there. They were in the room. They could have lodged opposition had they chosen to and they did not."

"I want to make sure that I understand this correctly. The Illinois Trial Lawyers Association was in the room. The Illinois Association for Defense Trial Counsel was in the room. And you heard no objection whatsoever from the Defense Bar. Is that correct?" Burke, K.: "That's correct."

"You also had some questions with respect to the difficulty in cases that are pending in Federal Court versus state court. Do you recall that?" Burke, K.: "I do."

"And isn't it true that in a normal civil action that there is a specific requirement before you can even bring a 09800150.docx 51  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 civil case for all intents and purposes is if there's a diversity of citizenship and the amount in controversy is in an excess of a certain number. Is that correct?" Burke, K.: "Exactly."

"So, that doesn't mean that a case is more complicated or more convoluted or more complex if it's in a Federal Court. It's simply that the parties may, quite frankly, just reside in different jurisdictions. Is that correct?" Burke, K.: "Absolutely and state courts handle very complex litigation all the time."

"All right. Also you had some questions about conversations with… strike that. You had some questions from a previous speaker that essentially was somewhat concerned about your lack or the allegation that you did not properly vet the Bill. And I must tell you, Representative, that initially I had some concerns about the Bill, and I did vet the Bill. And I did have some questions with the representative from the Clerk's Association and there was no objection. Were you aware of that, as well?" Burke, K.: "That's my understanding."

"Okay. In fact, the way that the process works in civil cases is, is that a party is not automatically entitled to a trial by jury, correct?" Burke, K.: "Some… in some instances, you're correct."

"All right. And generally what happens is, is that when a party files an action, they will file additional moneys to have a jury of 6, correct?" Burke, K.: "Correct. They will make a demand for a jury." 09800150.docx 52  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Correct. And they will pay that associated fee for a jury of 6. And if they decide that they want to up that number and have a jury of 12, they will pay additional moneys, correct?" Burke, K.: "That's correct."

"So, in other words, what happens then is that a litigant, and I'm talking about a person that's bringing the action, they'll pay less money to be in court if they opt not to have a jury of 12, correct?" Burke, K.: "That's correct."

"So, that's actually a savings, is it not?" Burke, K.: "It's less expensive to… for the litigant to have a jury of 6 as well as the cost savings to the litigant down the road if it… when it goes to trial, picking 6 jurors is less of an onerous process… or less of a time-consuming process than picking 12 jurors, so they would… both sides would save money on that aspect."

"And I spent… and you know this… and I spent quite a bit of time as a defense lawyer, as a medical malpractice defense lawyer, and a products liability defense lawyer. And we know that oftentimes these cases last for years and years, correct?" Burke, K.: "Correct."

"So, what you're essentially doing is, is that you're providing more fairness to the procedure. Would you agree with that?" Burke, K.: "I would. Fairness and… and also I would say efficiency. One of the complaints of litigants is the delay it takes to 09800150.docx 53  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 get to trial and then the length of the trial and this would help with restoring or having some efficiency to the process."

"And with respect to the fee portion, what you're also providing with the fee portion is you're providing some certainty as to how much a juror will receive for their service. So, for an example, I did hear a comment from a previous speaker that was somewhat cavalier in her statements with respect to how jurors will eat and what they will eat when they're downtown, for an example, in the Circuit Court of Cook County. And I think that it is important to note that oftentimes when minority juries, or minority jurors, are coming down to the Daley Center and they're required to be there downtown all day long listening to testimony and doing what needs to be done in order to make sure the judicial process runs smoothly oftentimes, the amount of money they receive is not even enough for them to even get down there, let alone have a bite to eat. Would you agree with that?" Burke, K.: "I would agree with that."

"All right. Burke, K.: "And especially also think about, Representative, counties where the courthouse is a great distance away for people and there is not public transportation and those folks have to get themselves to the courthouse. And it can sometimes be a burden if they don't own a car or they have to incur the cost of filling up their tank to get them there."

"And this is… and I think we heard a little earlier from a previous speaker saying that this was a gift to the Trial Lawyers. Are you aware of any Bills that have been brought to your attention by the Illinois Association for Defense Trial 09800150.docx 54  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 Counsel asking for specific Bills to be filed with respect to the jury selection process, and the payment of jurors, and the number of jurors?" Burke, K.: "I am not. And I would also bring up another Representative told me that he had filed a Bill similar to this several years ago and it did not progress. This is not a new concept. This is something that the bar in general as well as judges are concerned about with making sure that having people serve for a jury is not onerous. And I think this is the impetus behind the Bill."

"And I can appreciate that. And you're a member of the bar and I'm a member of the bar. And you have not heard from any other organization other than maybe the Illinois Defense Trial Counsel, who were present in the room but didn't say anything meaning the Chicago Bar Association, the Illinois State Bar Association, all the lawyers in this state, and no one has lodged a formal objection to your Bill. Is that accurate?" Burke, K.: "Representative, as you know, lawyers are generally not reluctant to share their opinion on anything, including legislation. And I have not heard from any other lawyer group."

"Thank you, Representative. Mr. Speaker, please instruct all of the Members to vote 'aye'. This is a Bill that is about fairness. This is a… this is a Bill about fairness, let's be honest. And this is someone who come from the perspective of representing both plaintiffs and defendants in litigation. If the Illinois Association of Defense Trial Counsel had concerns about the Bill, had concerns about the method and 09800150.docx 55  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 the path that we were following, I'm sure we would have heard from them. I heard some of my colleagues say instruct. I didn't mean to say instruct, I meant to say urge the Members to vote 'aye'. The Speaker is also an attorney; the Speaker tries cases. This is a great Bill. Let's vote for it and move it along and have some fairness for the people in the State of Illinois. Thank you."

"The Chair has no intention of instructing anybody, Sir, or urging. Mr. Martwick."

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

"Lady yields."

"Representative Burke, just a couple of quick questions and I want to focus in on something. The prior speaker did a good job of getting to the nuts and bolts of the legal ramifications of this, and how it will affect the system of juris prudence. But I want to break this back down to… to the real simple part of the compensation here. So, can you tell us what the law requires of counties of more than a million in terms of compensation, right now irrespective of what is actually done in practice, what the law requires? I believe I read it was $10 a day. Does that sound about right?" Burke, K.: "That’s correct."

"And in counties of less than 25 thousand my understanding is, from what I read, $4 a day?" Burke, K.: "Four dollars a day."

"Wait… wait… hold on, $4 an hour, right?" Burke, K.: "That would be $4 a day, Representative."

"Four dollars a day. So, our system of justice is probably, arguably, the most important part of our democracy, 09800150.docx 56  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 right? Without justice we have nothing in democracy, right? And we require people to participate and we would compensate them as little as $4 a day." Burke, K.: "That is the… the floor and counties do go above that…"

"Above and beyond." Burke, K.: "…but sure they… but they could go to $4 an hour… I mean, $4 a day."

"A day. Okay. So, many counties have decided on their own to increase additional compensation, right? So, what… let… let's think about this in numbers. So, if you were working, if you were, oh I don’t know, let's say a single mother and you were making minimum wage. That would be, by my math, about $64 a day. And if you were serving in Cook County, which is the highest paying, you would receive how much?" Burke, K.: "Seventeen dollars and twenty cents."

"Okay. And if you were making the median individual income in our country, $26 thousand a year, that breaks down to a $100 a day, but if you were serving on a jury in Cook County you would get how much?" Burke, K.: "Seventeen dollars and twenty cents."

"Okay. So, if you're a single mother making $100 a day, and you are forced into a three, four week jury trial, then does the county make sure that your mortgage payment gets paid?" Burke, K.: "No, they give you a check for $17.20 an hour."

"Do they make sure that your children get fed?" Burke, K.: "No, you get $17… $17.20 a day."

"What if your children are hungry?" Burke, K.: "You make due." 09800150.docx 57  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Okay. To the Bill. Mr. Speaker, we have a system in our country where we compel people into jury service. I'm someone who has tried jury cases, and I know that there are people who say I can't afford to do this. And we say unless there is some sort of compelling reason that you would have a conflict of interest, you can be compelled into service, tough luck. And we would seek to pay them as little as $4 a day for participating in our democracy. This Bill doesn’t go far enough. This Bill doesn’t compensate them far enough, but what it does do is it makes a very reasonable step by cutting administrative costs because you have to deal with half the jury pool, by… by cutting the number of jurors that you have to pay by requiring the parties that bring the suits to pay for alternate jurors instead of getting them on the county dime. It makes reasonable attempts to control these costs while finally, after 40 years, beginning to try and relieve the burden of serving in our democracy. I think it's ridiculous that we pay as little as we do. I think this is a great first step; there's more to be done. It does a great job of containing costs. It’s a Bill that makes sense. And I think it's also kind of funny that everyone's screaming about the fact that the trial lawy… lawyers brought this Bill because we always hear about people who… who run businesses giving us a business perspective but God forbid, the people who actually try cases in front of juries should have any idea what goes on in a jury trial. This is a great Bill; this makes a lot of sense. And it protects people's involvement in a system that is crucial to our democracy. And the only right vote on this Bill is a 'yes'." 09800150.docx 58  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Mr. Turner."

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

"Sponsor yields."

"Just a couple of quick questions, Representative. I wanted to ask about those fees on the compensation, but I think the previous Representative brought some clarity to that issue. Just around the 6-person jury requirements, this will set us straight with the federal… or on par with the federal level in their approach?" Burke, K.: "Yes."

"And it's for civil cases and if a person so chooses to go to a 12-person jury, they would be able to, I guess, pay additional court costs or… it would only be a 6-person option?" Burke, K.: "Not… not for civil. It'd be a 6-person jury."

"Six person, that’s the only approach to it? Okay. And the 6-person jury mirrors the federal requirements and cuts the number of citizens called upon for jury service and the associated court costs in half, so it’s a more efficient approach?" Burke, K.: "Exactly."

"And all while making jury service less cumbersome and… to those that are called to do." Burke, K.: "I think it’s a win-win."

"Okay. I'll have to agree with you on that, Representative. And I'd urge everyone else in the chamber to support this Bill as well. Thank you."

"Mr. Arroyo, on what I think is a point of personal privilege." 09800150.docx 59  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Thank you, Mr. Speaker. I got a question. Representative, do you have to be a lawyer to vote for this Bill? A lot of people are telling me about jurisprudence and all this. I don’t know what that is. So, can somebody ask me to adv… can answer this question for me before… or can we just take a vote?" Burke, K.: "You do not need to be a lawyer to vote on this."

"Okay. Thank you." Burke, K.: "But you should listen to the lawyers over near your seat."

"But the lawyers are talking a language that I don’t understand. I'm a poor guy from Humboldt Park. We don’t talk that language over there, where I come from. Thank you." Burke, K.: "I'm sure you can get translation."

"All right. Jack Franks, can you come over here by me, please? Thank you."

"That’s not the guy you want. Representative Wheeler."

"Mr. Reboletti, you spoke in debate. For what reason do you rise, Sir?"

"By who, Sir?"

"Why don’t you send the Chair a note? Why don’t you go ahead."

"I see. Proceed."

"Sponsor yields."

"Mr. Bost."

"Probably surprises Mr. Sandack just as much as the rest of us. Mr. Sandack."

"Representative Burke to close." Burke, K.: "Thank you, Mr. Speaker. This is not a revolutionary concept. This is not a new idea. This is not some crazy scheme. It is designed to increase participation, willing participation, in a very vital service to compensate those folks who do serve on jury service in an adequate manner. And at the same time, to increase the efficiency of the jury system through some changes that will reduce some of the cost, to offset some of the cost, in raising the pay or the fee that jurors receive for their service. While I would love to instruct everyone to vote for this Bill, I will simply urge an 'aye' vote. And I thank you for your time and your patience during this very lengthy debate."

"Those in favor of the Lady's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? 09800150.docx 63  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 Have all voted who wish? Please record yourselves. Mayfield, Scherer, Wallace, Walsh. Mr. Clerk, please take the record. On this question, there were 67 voting 'yes', 46 voting 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Rules Report."

"On page 3 of the Calendar, Senate Bills-Second Reading, there appears Senate Bill 2221, Leader Currie. Mr. Clerk, please read the Bill."

"Representative Nekritz on the Amendment."

"Thank you, Mr. Speaker. This legislation deals with the statute of repose for construction projects. The Amendment that was… that’s on the floor before us narrows the scope of the Bill dramatically so that it just deals with exposure to asbestos."

"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk." 09800150.docx 64  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Representative Nekritz."

"I have to say, I would just ask for the adoption of Amendment #3. I don’t know what it does."

"Mr. Sandack seems to have a problem with that explanation. Chair recognizes Mr. Sandack."

"Perhaps she has now had time."

"Thank you, Sir. Representative Nekritz, when you're ready."

"I'm sorry… I'm sorry. #2 was the Amendment that was adopted in committee yesterday. #3 is the Amendment that narrows it to asbestos. I apologize for that."

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

"Representative Nekritz, do you have any Motions relative to those fiscal notes?"

"I would move that the notes be ruled inapplicable." 09800150.docx 65  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Mr. Sandack, may we take them one at a time or… or together or must we take them one at a time?"

"Mr. Clerk, what is the first note?"

"Lady moves that the correctional note be held inapplicable. Those in favor of the Lady's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves. Have all voted who wish? Mr. Schmitz. Please take the record, Mr. Clerk. On this question, there are 71 voting 'yes', 44 voting 'no'. And the correctional note is… is inapplicable. Mr. Clerk, the next note, please."

Speaker Lang: "Lady moves that the fiscal note be held inapplicable. The Chair recognizes Mr. Sandack."

"Lady yields."

"Representative, this has nothing to do with the… with the state or any of its agencies. And therefore, there is no fiscal impact to the state."

"And if there would be, I would imagine it would be indeterminate."

"Okay. Representative, I don’t see the point in delaying the moving of the Bill for what I'm sure… what I would be fairly confident would come back and say we cannot determine that. If there is any impact."

"I hear rumors that there are such buildings, yes."

"There is that rumor, yes."

"Representative, I think that would be a fairly… I think that again, we could fairly easy… fairly easily predict that with the limits that the state has, in terms of its exposure on these kinds of claims, that we would know what that… what those numbers are without having to go back and ask the state agency and delay." 09800150.docx 67  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Yes."

"I don’t understand. I mean if they're a state agency, they're covered by the… by the… the Tort Immunity Act and if they're not, then… and if they're not a state agency, then they're not covered by that. So, we would know fairly… fairly certainty… with great certainty what the exposure is."

"Those in favor of the Lady's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Gordon. Please take the record, Mr. Clerk. On this question, there are 70 voting 'yes', 45 voting 'no'. The Lady's Motion carries, and the House rules inapplicable the fiscal note. The next note, Mr. Clerk."

"Mr. Sandack. 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? Please take the record. On this question, there are 71 voting 'yes', 44 voting 'no'. And the Lady's Motion carries, and the Home Rule note is held inapplicable. Mr. Clerk."

"Lady moves for the inapplicability of the fiscal note. The Chair recognizes… Excuse me. The judicial note. Thank you. The Chair recognizes Mr. Reboletti."

"Lady yields."

"Representative, I think that the change to the statute of repose is a fairly simple change, in terms of the administration of justice, and I don’t think that there is any impact at all." 09800150.docx 69  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Representative, the judicial note has to do only with increasing the size of the Judiciary."

"So, this is not going to be, I think doing that in any way, shape or form."

"Mr. Sandack."

"Yes, you can ask."

"Mr. Sandack has asked that we hold the noise down."

"Ladies and Gentlemen. Thank you. Mr. Sandack."

"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? Mitchell, Thapedi, Zalewski. Please take the record, Mr. Clerk. On this question, there are 70 voting 'yes', 44 voting 'no'. And the Lady's Motion carries. And the House rules the judicial note inapplicable. Mr. Clerk."

"Lady moves that the note be held inapplicable. Those in favor of the Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record, Mr. Clerk. On this question, there are 71 voting 'yes', 44 voting 'no'. The Lady's Motion carries, and the state mandates note has been held inapplicable. Mr. Clerk."

"Third Reading. Please read the Bill."

"Representative Nekritz."

"Thank you, Mr. Speaker. I discussed the legislation before, but briefly it changes the statute of repose for construction projects with only… and it takes away the statute of repose only for asbestos, when that is used in the 09800150.docx 71  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 construction process. And I will… I will… let me just add that I think that we all know that asbestos is a very toxic product, and for those unlucky individuals that are exposed to it, it results in mesothelioma, which is a condition that cannot medically be developed within the 10-year statute of repose that is imposed in our statutes. So individuals, who seek to have a claim against what may be the most… the defendant with the most culpability, by our laws, would be prevented from… by our current laws, would be prevented from pursuing that claim. And I think for something as egregious as asbestos, where we've known for literally a century that it has this toxic impact, it behooves us to protect the citizens of the State of Illinois by removing this statute for those particular causes."

"Mr. Sandack."

"Sponsor yields."

"I have to say, Representative, that we, by agreement, dispensed with the reading of the witness slips yesterday in committee, and I did not get a chance from the witness table in order to be able to look at those."

"Well, I would say based on some conversations I had today after the filing of the Amendments, that a number of the opponents that signed in yesterday have removed their opposition. Those removing their opposition that I'm aware of are the Illinois Chemical Council, the Illinois Manufacturer's Association, the Illinois Retail Merchants Association, and the Farm Bureau. All of those have removed their opposition and gone to neutral."

"I don’t know whether I would consider a vast majority. Some of those ones… players I just named off are fairly significant interests that are routinely represented around here."

"Yes."

"Yes, Representative, and those indiv… those companies and individuals should be culpable, as well. But again, in a situation where the… you can prove up the case against the contractor, who may have known of the problem with asbestos but still proceeded to expose employees and workers to that, and if the plaintiff can make that case, I think that we ought to give them that opportunity, especially when it comes to asbestos when we, again, known for a century that it causes these diseases."

"In terms of the time frame, yes. But I would say for both the plaintiff and the defendant that delay causes difficulty in proving the case. But if they can prove the case, I think that they ought to be allowed to do that, given the fact… what we know about the impact that asbestos has on health."

"You know, Representative, I'd like to think that Illinois is about protect… is also about protecting the health of its citizens and I think that this does… goes a long way toward making that happen."

"Mr. Reis."

"Sponsor will yield."

"I'm sorry. I couldn’t hear you, Representative?"

"I didn’t realize you were keeping track. Yes."

"Representative, sometimes it takes a good idea a long time to percolate."

"Representative, it is my understanding that… I'm not sure that the courts in Illinois have spoken to this yet because we haven’t taken this action. But in other states where the statutes of repose have been either eliminated or 09800150.docx 76  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 changed, courts have… some courts have held that the existing statute of repose applies to past actions."

"My intention would be to provide plaintiffs an opportunity to go after culpable defendants who have exposed them to asbestos."

"This is not a statute of limitations, Sir. The statute of limitations remains in the statute."

"Representative, I would just like to say that, again, this is a disease…"

"…that cannot medically manifest itself within the 10- year statute of repose that we currently… that we currently have in place. So this is the kind of thing I think we need for the protection of our state, the citizens of our state."

"Well, Representative, I… you know, ultimately that will be a decision for the courts to make, but I believe that we ought to be offering this opportunity to individuals who have been exposed and have a culpable defendant that they can prove a case against."

"No, the statute of re… You keep saying that, and if you're going to argue the Bill, it has to be the statute of repose, not the statute of limitations. We are not changing the statute of limitations."

"Well, Representative, I can also say that I can put myself in the shoes of my legislative director, who happens to be here today, whose father passed away of mesothelioma. And I can put myself in his shoes and recognize that the death caused by exposure to a known carcinogen is also un-American."

"Mr. Reboletti."

"The Sponsor yields."

"This Bill is designed to give those who have been exposed to asbestos, who can prove a claim against a culpable contractor under this… under the statute of repose that we're eliminating, an opportunity to go to court."

"Everything we do is subject to judicial interpretation." 09800150.docx 79  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Representative, I would say that there are individuals who have been denied a claim against a culpable contractor because of that."

"Because of the current statute of repose."

"Representative, the existing law defines what a person who is subject to the law is and then says that they are responsible for an act or omission in the design, planning, supervision, observation, or management of construction or construction on improvement to real property. So, I would think that there are interpretations of that… those phrases under existing law, and I admit to not being familiar with what that is."

"In which case there will be no ability to collect against them."

"So, Representative, I think that really what that does is impose a greater burden of proof on the plaintiff, who has to actually make the case in the first place…"

"…vis-à-vis the defendant."

"Mr. Kay."

"Sponsor yields."

"No, I would not. I would put the Koch brothers at the top of that list."

"I would put the Koch brothers at the top of that list."

"Representative, I have to admit. I… I take offense at some of those comments."

"I think, you know, we certainly all take campaign contributions. That doesn’t mean were beholden to the individuals that make those campaign contributions. And I think if you look at the history, at my history, when I was endorsed by the teachers union, I took on the issue of pension reform regardless. So I think that these are, you know, the argument that you're making that somehow, because I took campaign contributions, you know that I'm… that I'm doing some bidding, is completely specious." 09800150.docx 83  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"I honestly have no data on which to make that response."

"I… I have no basis for saying yes or no."

"I'm not sure. If… you're saying it's abusive that there's been no verdict?"

"And Representative, I would say to you, behind each one of those cases is an individual who was exposed to this toxic product. When, again, we've known for a century that it's toxic, and someone died early because of that."

"I… Representative, I don’t feel like I'm capable of making a judgment about that."

"I'm sorry Representative. I was…"

"I believe that to be correct."

"But that from the manufacturers, Sir."

"Well, they put money in there…"

"…because they were culpable at continuing to sell…"

"…a product well after they knew it was toxic and were exposing people to it."

"I… I remember you bringing such a Bill. I don’t remember the specifics of it."

"Representative, I think we're trying to be… trying to be fair to individuals who are suffering greatly because of exposure to a toxic product."

"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Question of the Sponsor."

"Please proceed." Harris, D.: "Representative, help me understand, for those of us who are not attorneys. What is the difference between the statute of limitations and the statute of repose?"

"The statute of repose is the time in which you… after you're exposed… at least in this instance… after your exposed to a product, the time in which you have to discover the claim. And then once you discover the claim, you have four years beyond that. That’s the statute of limitations. So if you discover the claim in year two, of the statute of repose, you still only have four years within which to file your claim. If you discover it in year nine then you have another four years to… you eventually would have 13 years to file your claim." Harris, D.: "So, you made the statement, and I think there's validity, you made the statement that in the case of mesothelioma from asbestosis, that might not show up for 10…"

"Twenty… thir…" Harris, D.: "Okay. Well…"

"Actually my understanding from the testimony we had in committee is that it's medically impossible to have it appear in less than 20." 09800150.docx 87  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 Harris, D.: "But there have been any number of suits brought against the manufacturers by those folks who have suffered from this disease currently, correct?"

"Correct. And there's no statute of repose for a… for the manufacturers." Harris, D.: "Okay. But we have a statute of repose of 10 years now, and it seems to have been working, but let's say that's not long enough. Why not go to 15 years or 20 years, rather than forever?"

"Representative, I can only tell you that we had some testimony in committee yesterday from a gentleman who was exposed in the 1950s and that was the only time he worked at the construction site and so he got his exposure there, and he was just diagnosed six weeks ago." Harris, D.: "And under the current… there was a reference earlier to a trust fund that was set up, I believe, that would have come about because of by… by the manufacturers that were producing the product. Does this… does this Bill now allow other than the makers of the product, such as the contractors who, in good faith, used a product, which at the time they did not know was harmful."

"Okay. I… I think we can debate that point." Harris, D.: "In good faith they used that product. Are they now being exposed to this liability of a lawsuit?"

"Well, they're… they're exposed to… they had that exposure. But they had a more limited time for that exposure, but they we insured for that exposure at the time that they were using the product. And I think I would argue with you that they did not know at the time, that they thought it was 09800150.docx 88  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 a safe product. I mean, we knew in the 1930s that asbestos was bad, and people continued to be exposed in the '50s, '60s and '70s." Harris, D.: "Well, I would… and I would disagree with you because DDT was, at one point, a… an insecticide that was used everywhere, and we thought it was a good product. And it turns out that DDT was not a good product, but rather a harmful product. We don’t necessarily know at the time of manufacture that something, indeed, down the road in the future, could be harmful. It seems to me that we are exposing individuals, such as those who oversee projects, those who are involved in projects and the reference has been made earlier to architects and others. But folks who acted in good faith, not knowing that perhaps the product was harmful, that we're exposing them to liability that is… puts a real pause on their business willingness to work in this state. So, I have a genuine concern. And to the Bill, not to prolong it, but to the Bill. Ladies and Gentlemen, I understand that there may a need for lengthening the statute of repose, but to take off that length, that limitation entirely, to me is way too expansive, and also expands the liability to others. I suggest a 'no' vote is the right vote on this Bill."

"Mr. Sullivan."

"Sponsor yields."

"Well, you know, they have liability today. It's a question of when they're liable, yes."

"To my mind, that would be the… a contractor who is engaged in the construction of a facility."

"Representative, I… I hesitate to speak to that because I don't… this is current law. I don’t know if there's been court interpretations. I just… anything I would say… would be saying would be speculative when my guess is that, as this statute has been in effect since the '80s, that it… that it's been interpreted by the courts."

"And they may have already, for all I know." 09800150.docx 90  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Representative, if they… if they use asbestos in the construction of a facility today…"

"…they got a whole lot more problems than this Bill."

"Representative, I don’t think this… I'm trying to figure out how to answer your question, because I'm… I think you're setting up a scenario that, by law today, is already covered by the laws that don’t allow the further use of asbestos in a construction site." 09800150.docx 91  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"No, I'm not. I just… I think that what you're setting up is a scenario that’s already covered by existing law…"

"…that prohibits the use of asbestos in construction."

"But Representative, I would say if you're a school board member in Lake Zurich and someone suggests using asbestos in construction, again, I think you have a whole lot more problems than this Bill."

"Representative, I think if you… I think we have laws… I think that there are laws regarding…"

"…the use of asbestos in construction. And if you follow those laws as a school board member, I honestly…"

"…there's no way you could just have some exposure going forward from today for this kind of a… for this kind of a claim."

"Again, Representative, I don’t know the interpretation that the courts have put on that existing language. That seems like a stretch to me that the city inspector owed a duty of care to the land… to the… to the workers. They don’t have that direct relationship."

"No, no."

"I don’t think under… again, I don’t know how the courts have interpreted this, but I don’t think that that’s the kind of individual that that would… that would be covered under this because…"

"…I don’t think the city inspector owes a duty of care that has to be proven in a lawsuit like this to an individual that's working on a job site."

"No, I don’t believe it does." 09800150.docx 93  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 Sullivan "Okay. Well, thank you for your answers."

"Thank you, Sir."

"Mr. Martwick."

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

"Sponsor yields."

"Representative Nekritz, just… I mean, I think a lot of these points have been gone over. I think the debate has been robust and you've made a good case for this Bill, but I just want to touch on a couple of things. The statute of reposed is currently 10 years."

"Correct."

"But it's yet medically impossible for you to… for the disease to have developed within that 10-year period."

"That’s… yes, correct."

"I'm not aware that I have been, but…"

"You're not aware, but…"

"…but I do work in the Stratton Building."

"But… so… so, when people are exposed to asbestos, in… there's no sirens that go off that say, warning, you’ve been exposed to asbestos, right?"

"No, Sir."

"You don’t get an e-mail or a phone call that says, hey, you’ve been exposed. So would it be fair to say that most people who find out they've been exposed find out when they discover that they have the disease?" 09800150.docx 94  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Right. I would say that’s true. And those are… not everyone that’s exposed to asbestos comes down with this. So, these are the unlucky few that have that negative reaction."

"Right. So, we've heard a lot about how… and I get it that this is supposedly an unfriendly business Bill because it creates more litigation. Although, I believe, if I'm mistaken you can correct me on my numbers, but I believe that 70 percent of the lawsuits filed in Illinois are one business suing another business. So I don’t know how this affects that 70 percent, my guess is probably not many."

"Probably not."

"Yeah. So… but if a person… so if we say that we shouldn’t pass this Bill then really… sum this up for me. If you’ve been exposed to asbestos, but you did not know it, and your disease not… does not develop until after the 10 years of the statute of repose have passed, then tough luck for you? Is that, pretty much, what a 'no' vote means on this?"

"Tough luck as to what may be the most culpable defendant with… in the contractor, yes."

"Okay. That’s all I have. Thank you very much."

"Mr. Franks."

"Thank you, Mr. Speaker. I'm just going to speak to the Bill. I wasn't going to, and then I heard the debate. And I remembered my uncle who died of mesothelioma, and I wish we would have had this law when he was alive. It’s a terrible, terrible disease. He got extra years because of the incredible doctors at NIH. But it was a death sentence for him and his family couldn’t be compensated because he was exposed when he was a kid and it was too late. And it really wasn't about the 09800150.docx 95  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 money, but it was about maybe helping the family. And let me just tell you, if any of your family members ever get this terrible disease, you'd want this law to be into effect. And that’s why we should vote for it."

"Mr. Sandack."

"There's no evidence of it, but why don't you proceed."

"Mr. Hoffman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the of the… of the House. I do take issue with the fact that… the argument is made that we shouldn’t be doing this now. We're elected to a two-year term. We're not elected to the year and nine months. We're elected to a two-year term. The fact remains that the Sponsor of this Bill has severely limited this… this Bill to only deal with asbestosis, to only deal with mesothelioma, to only deal with people who are afflicted with that grave disease. The statute of limitations still remains under this Bill. The statute of limitations still remains under this Bill. It simply acknowledges that the nature of this disease is such that it won't appear within 10 years. The nature of this disease is such… it may take 50 years. And we're just saying that you still have to prove 09800150.docx 97  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 negligence. You can't just say everybody who touched this product is going to be liable. You have to prove a duty. You have to prove a breach of that duty. You have to prove that that action caused, in fact, the injury and you have to prove proximate cause. Now, I learned that the first year of torts. We're not saying that you don’t have to prove that. We're just saying we're not going to arbitrarily say that because you don’t get afflicted with this disease until 50 years after exposure you're not going to be able to be reasonably compensated for the people who breached that duty. This is an awful disease. An awful disease that people for years knew asbestos caused, and they did nothing about it. They deserve to be liable."

"Mr. Thapedi."

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

"Sponsor yields."

"And Mr. Speaker, I'll be very brief. Leader Nekritz, we've… you heard some questions or some queries to you regarding public buildings and in fact one specific hypothetical dealing with a city inspector. Do you recall that?"

"Yes. I do, Sir."

"Does your Bill in any way impact the Tort Immunity Act?"

"No, Sir."

"Okay. So, in other words, the defendants, whoever they are, be they a public entity or a public employee, would still have the ability to move to dismiss the action based upon the Tort Immunity Act, if it did apply, hypothetically?" 09800150.docx 98  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"And yes, I would agree. And I also think that the… the case of the city inspectors particularly… I think outside the realm of possibility given the fact that that individual as the previously speaker said there's no duty of care that that individual has to the workers… on a site like that. Otherwise they'd be responsible for OSHA violations or a whole host of things."

"And in fact, consistent with the previous speaker said, does your Bill have any impact on what the burden of proof is for a plaintiff? Are you changing that in any way?"

"No, Sir."

"What about the burden of persuasion? Are you changing that in any way?"

"No."

"So, as the previous speaker noted that you still have to prove up by a preponderance of the evidence all of the requisite actions of a product liability case or any tort action, correct?"

"Within this… within the requisite statute of limitations, yes."

"Okay. And wouldn’t it be fair to say, Representative… Leader Nekritz, that one of the first things that a defendant does in litigation… one of the first things that they do is they file a motion to dismiss, correct?"

"Correct."

"And when they file that motion to dismiss, there'll be briefs filed, there'll be oral argument, and the judge will make the decision as to whether or not a meritorious cause 09800150.docx 99  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 exists. And either the case will go forward, it'll die right then and there, correct?"

"Well, I admit to being a real estate lawyer, but that all sounds correct based on my long ago recollection of law school."

"Exactly. And in fact, even if a defendant is not successful at the motion to dismiss stage, and the case is discovered, and there are depositions and more motion practice, the defendant still has the ability to file a motion for summary judgment. And if that motion for summary judgment is granted, the case is over, correct?"

"Correct."

"I move for an 'aye' vote, your honor."

"Representative Nekritz to close."

"Thank you, Mr. Speaker. I would just like to reiterate that the… the sum of the defendants that are currently have exposure for these kinds of cases are not increased under this Bill. They are not exposed to some additional liability, other than the liability they have. All this Bill does is to say to a defendant who… or say to a plaintiff who contracts mesothelioma or asbestosis, as a result of some exposure, that they are not precluded absolutely by law from seeking restitution from the individuals who exposed them to that… to that asbestos simply by virtue of our statute of repose. I think this is a fair Bill. A Bill that allows for more and more complete and fair compensation to those who have been exposed to this. And I just would like to remind everyone. This is a disease that… these are products that we knew back in the 1900s, the 1910s, the 1920s caused these problems and 09800150.docx 100  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 yet we continued to… individuals and companies continued to allow them to be used for decades beyond that. To me, this is very much like the smoking debate, where the tobacco companies knew for decades that smoking was toxic and yet, they continued to promote it. And now I think we need to do this for the citizens of the State of Illinois to make sure that we get some fair compensation for them. Thank you."

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Cloonen. Please take the record. On this question, there are 70 voting 'yes', 43 voting 'no', 2 voting 'present. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 4 of the Calendar, under the Senate Bills-Second Reading, there appears Senate Bill 3366. Mr. Clerk, please read the Bill."

"Leader Currie."

"Thank you, Speaker, Members of the House. This a measure from the Department of Insurance. There was an adverse court ruling and in order for them to make sure that the tax forms for both the privilege and the retaliatory tax on foreign insurance companies will work in the coming tax season; this language would fix the problem. The second Amendment is a technical correction to this first Amendment. I'm happy to answer your questions. I'd appreciate your 'aye' vote."

"Mr. Harris." 09800150.docx 101  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 Harris, D.: "Thank you, Mr. Speaker. Questions of the Sponsor."

"Sponsor yields." Harris, D.: "Representative, we heard this Bill… this Amendment in… Oh, we're on Second Reading. You want to do this on Third? Do it on Third. I'll hold my question 'til Third. Thank you."

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

"Leader Currie."

"Technical correction to Amendment 1."

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

"Third Reading. Please read the Bill."

"Leader Currie."

"Speaker and Members of the House, this is, as I say, a… correction for the Department of Insurance so that the forms, the tax forms, filled out by foreign insurance companies, with respect to both the privilege and the retaliatory tax, will work in the coming… in the coming tax season."

"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Questions of the Sponsor."

"Sponsor yields." 09800150.docx 102  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 Harris, D.: "Representative, we had a good discussion on this legislation this morning in committee, but just to make sure the entire House is aware. This Bill contains no new fees, contains no new taxes, nothing along those lines, correct?"

"I appreciate you're making that point." Harris, D.: "And there is not a danger here of what happened with the captive insurance companies where all of a sudden when we passed a Bill it appears as though that… tax revenues are going to flow to the state because of that. That is not… nothing like that is going to be part of this Bill."

"Nothing like that was part of this Bill." Harris, D.: "Okay. And then lastly, there is a question of whether or not this is absolutely the right course to take; however, after March of next year, it is timely to continue discussions on this and the parties interested here have said that they would do that after that time period, correct?"

"And… and I've made a commitment to do that and so has the current Department of Insurance." Harris, D.: "Thank you very much. Ladies and Gentlemen of the House, I can recommend a 'yes' vote on the Bill."

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Cavaletto, Evans. Please take the record, Mr. Clerk. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 3 of the Calendar appears Senate Bill 2758. Mr. Clerk, please read the Bill." 09800150.docx 103  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Leader Currie with a Motion."

"Thank you, Speaker. I move that the notes are inapplicable."

"We'll take these one and a time. Mr. Clerk, which is the first note?"

"Leader Currie moves that the fiscal note be held inapplicable. The Chair recognizes Mr. Sullivan."

"Sponsor yields."

"Because nothing in Amendment 8 had any fiscal impact. So, the… I would consider that the filing of a fiscal note on Amendment 8, which simply said that the program does not apply to people under the age of 18 and provided a technical correction at the behest of the Treasurer, had absolutely no fiscal impact. I consider the filing of the note either a misunderstanding of the Bill or harassment."

"No, no, no, no, no. The fiscal notes have been filed up to and through Amendment 7." 09800150.docx 104  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"The fiscal note is only about Amendment 8 and I renew my Motion that it is inapplicable."

"First of all, that has nothing to do with the fiscal note request on Amendment 8. I'd be happy to discuss that with you when we discuss this Bill on Third Reading."

"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? Feigenholtz, Hurley, Martwick. Hurley, Martwick. Please take the record. On this question, there are 71 voting 'yes', 44 voting 'no'. The Lady's Motion carries and the fiscal note was held inapplicable. Mr. Clerk."

Speaker Lang: "Lady moves that the fiscal note be held inapplicable. Those in favor… Excuse me. The pension note, 09800150.docx 105  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 thank you, be held inapplicable. Those in favor of the Lady's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Jackson, Leitch. Mr. Jackson. Please take the record. On this question, there are 71 voting 'yes', 44 voting 'no'. The Lady's Motion carries and the pension note is held inapplicable. The next note, Mr. Clerk."

"Third Reading, Mr. Clerk."

"Leader Currie on Third Reading."

"Thank you, Speaker and Members of the House. The problem this Bill is trying to solve is the problem that too many workers in the State of Illinois retire with insufficient retirement income. Today, the reality is that about 2 million, 2 and a half million workers are in employment that doesn't offer any kind of a retirement savings plan. People never expected Social Security to operate as the only cushion for people in their retirement years. And in fact, the average Social Security payment in Illinois is about $15 thousand. So, more than one in three retirees depend only on Social Security to make ends meet, and that isn't good enough. This measure, the Secure Choice Savings Program, or as you might want to call it, Social Security for Illinois, would create a new program. A voluntary program for workers to help them… help them save money so that they can retire with some kind of income security. It operates so that there is a board that would be appointed by the… the Governor, involve the Treasurer 09800150.docx 106  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 as well. They would essentially hire a money manager to handle the funds that come into the account. Individual workers, if they're in a company that does not today provide any kind of savings plan, would be allowed to participate putting three percent, or less or more, of their salary into the fund. That fund then gets managed and at the end of the day, it's basically like an IRA. People are going to be able to retire with a good deal more income security than they can today. The employers that would be required to participate are those that don't offer any kind of retirement plan and have at least 25 employees or more, have been in business for two years. The only responsibility of these employers is to make it clear that there is such a program, sign up the individual worker, permit the individual worker to opt out or to change the amount of default savings. What we know about workplace participation retirement, really two things. First of all, people who do participate in retirement plans at work are former… far more likely to than those who don't have that opportunity. So that's a very important piece. We also know that people who are in programs where they may opt out, rather than choosing to participate, are much more likely to participate. So this is a program that is not going to burden the state. The state isn't going to pay for it. The employers aren't going to pay for it. But it will encourage Illinois workers to see to it that they have a nest egg when they come to their retirement years. I would be happy to answer your questions. And I would very much appreciate your 'aye' votes."

"Mr. McSweeney."

"Sponsor yields."

"No."

"Not only is there no required employer contribution, under Federal Law the employer can't contribute to these funds."

"It is correct. And maybe you would elucidate for the Members of the chamber exactly what the Heritage Foundation is."

"Mr. Sandack."

"Sponsor yields." 09800150.docx 108  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"That's right. The individual employer… employee has the opportunity to say I don't want to participate or I want to participate at a lower financial level or a higher, whatever that individual chooses."

"That's right. That's right."

"No, we're assuming an opt out. The whole program is premised on opt out because experience shows that if you have opt out, rather than opt in, as your… your basic program, people are far more likely to participate than if you say, here's your chance, you may come and join us."

"That's right."

"This… yeah. The individual would become, if the employer has 25 or more workers and has been in business for two years so there's some stability, then the individual would automatically be enrolled. But they would be told… and they would be shown how they can opt out, if they prefer." 09800150.docx 109  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Well, what… we have a board that will be the… the board I first described, they would be hiring a money manager. Whether it's an Oppenheimer or a… I don't even know the names of all the big money managers that are out there, but I would assume there would be a competition, RFPs and competition, for the opportunity to manage these funds and…"

"…they… that company would be responsible for alerting employers, doing an educational job, and letting employers know there are other ways they can respond to this program. They could, for example, decide to provide their workers with 401(k)s…"

"…or some other kind…"

"…of pension, but and that'll be… that will be information will be available on the website."

"I believe it will be whoever succeeds in winning the bid, or bids, who will be responsible for that part of the program. The Bill is very clear that the costs, any costs, will be borne by the participants, not by the state."

"They would be… they would be… yeah, essentially given the opportunity to run."

"That's right. That is right."

"Yeah."

"That is right. And remember, we… we require other things of them as well. For example, if one of their workers owes child support, we require the employer to take the child support payment out of the paycheck and send it to the appropriate person. We require the employers to withhold FICA and income taxes from each worker's paycheck. This is very little different from what's already out there in terms of employer responsibility."

"It is, yes, year round, 25 year-round employees." 09800150.docx 111  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"There are several states that are looking seriously at legislation very much like this. California, I know, is doing a study. But what they'd like to do is a very different kind of program, and they want to offer a rate of return, a guaranteed rate of return, to workers. It's almost like a governmental…"

"Well, that's like a government pension program, which this is not."

"Oh, yes, we have. We… we've looked at the actuarial data."

"We do have support from groups like the Cabrera Company, the Ariel Fund…"

"…the National Society of Actuaries tell us that this should work and as a former speaker pointed out, this was the brain child of a conservative think tank that operates in this country and has for years."

"Well, as… as I say, California has embarked upon a very different journey from ours. I don't think we need a study…"

"…I don’t think we need a study to know that one out of three workers relies solely on Social Security in their retirement years. We don't need a study to know that people who save though their workplace are far more likely to save for retirement than those who don't have that opportunity."

"We know a lot today, Representative. And based on what we do know, we think this is a program that will help people in this state be comfortable in their retirement years."

"Representative Senger."

"Sponsor yields."

"It's like a Roth IRA. In fact, I would say it is a Roth IRA."

"Pardon me?"

"I think that you can take money out of a Roth IRA for educat… for different kinds of purposes than you can for a traditional IRA without penalty."

"No."

"Well, I thought, for example, if you were using a Roth IRA for educational purposes, that would be a legitimate reason for taking money out of the account without penalty."

"I… I may not understand your question. But if I understand you to be asking, should somebody find him or herself out of work, then what happens? Well, my understanding is that would be the kind of reason for which one could take money out of an IRA without paying the penalties."

"So, serious disability, major medical expenses, all of those I believe would qualify for a legitimate take away from the fund without having to pay a penalty."

"Just a second. There were so many Amendments I have trouble keeping them together. Yeah, what this Amendment just says… we believe that there is no conflict with ERISA… with the employee security retirement program at the federal 09800150.docx 115  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 level. But this Amendment clarifies that before we embark upon this program, there'd be written information from the federal people telling us that indeed ERISA is not at stake."

"Right."

"So, our… all of our legal people tell us that we're not running any risk of interfering with ERISA rules with this program. This just clarifies that before we start the program…"

"…we get written information from the feds agreeing that that is correct."

"And if they say no this does interfere with ERISA, then the program doesn't go forward."

"As I say, I don't… I don't understand quite the question. But I would say that when it comes to any interference with existing ERISA rules and regulations, there's absolute protection that this will not, in any way, undercut or mean that ERISA rules are applying."

"No, no, no. First of all, all of our legal experts tell us that there is no conflict. In order to make people feel comfortable with their analysis, we are just requiring that you get something in writing from the appropriate federal agency to say yes, that’s right, you’re not undercutting or interfering."

"Well, we can't… I'll tell you, we're not… The feds won't tell us if it's okay or not okay until we pass the Bill. So, 09800150.docx 117  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 we have dotted i's and crossed t's by virtue of requiring that there be that information available before the program is up and running."

"Of active funds?"

"Where… where… where are you looking at? Which language are you talking about?"

"Oh, you mean for the beginning for start-up?"

"Yeah. Because we don't want to burden the Illinois taxpayers with significant sums. The money would be subject to appropriation. We believe that there are several national advocacy organizations who care about retirement security that might be willing to help do the upfront spending to get this program off the ground."

"Yeah. And we don't know the answer. There was a fiscal note from the Treasurer's Office. We have made major changes in the legislation since then, but there has not been a revision of the fiscal note. But we know that there are many national organizations very concerned about retirement 09800150.docx 118  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 security and they have indicated that they might be willing to help fund the startup costs."

"The fund would be responsible for those costs. And I don't know the answer to your other question."

"Well, I'm sure that whatever contract the board were to sign with the private company or companies, I'm sure that would require review on a regular basis."

"Well, the… the fund would keep the records once the employer has sent them on. And nothing in the Bill precludes an individual worker from saying, gee, I'm older, I ought to be saving more, or I'm really young and I don’t want to save as much as the default three percent."

"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Question of the Sponsor."

"Sponsor yields." Harris, D.: "Representative, you indicated that there would really be no cost to the employers here. Is that correct?"

"I… what I said was the same kind of costs that they face with other requirements, for example, collecting FICA, collecting… withholding income taxes, withholding and sending on child support payments. So I don’t think this… for… at least in 2006, 96 percent of the employers who fit the definition that’s in this Bill, 25 or more, been in business for… 96 have payroll services that automatically respond to the FICA, the Social Security, the income taxes, and child 09800150.docx 120  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 support, and so forth. So I think it would not be very difficult for those payroll companies to… to comply with these… with these requirements." Harris, D.: "Right. And I… and I understand. Although there is… there is a bit of an administrative burden, and it may not be a great administrative burden, but it is an administrative burden on employers another burden which they do not have now. If I'm the… if I'm the owner of a small company that has 26 or 27 employees, all of a sudden now I have to make an additional deduction from their paycheck in a mandatory way. Not only that, by the way, but if I'm in the City of Chicago, guess what? My costs just went up because there's an increase in the minimum wage. But that’s a different subject which we may address statewide in a very short period of time. So there is somewhat of an administrative burden on employers. Let me ask, this covers every employee who is not now covered by an employer sponsored retirement plan, correct?"

"If you're in a workplace that does not offer a 401(k), a regular pension program, yes." Harris, D.: "Okay. So…"

"And you meet the 25 or more and two years in the business of business." Harris, D.: "Okay. So, if I am a high school or a col… young… high school student or a college student, and I work for the park district in the summer, I am automatically going to have three percent of my pay deducted unless I opt out. Is that correct?"

"We adopted an Amendment that said it doesn't apply to teenagers, to people who are under the age of 18." 09800150.docx 121  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 Harris, D.: "Okay. There have been… I apologize. There have been many Amendments on the Bill and I…"

"So, maybe you're a 21-year-old. It's your summer job." Harris, D.: "Okay. But an… a summer job, 21-year-old, that deduction gets out of their paycheck, correct?"

"That's exactly right. It goes to the fund and that individual… when that individual moves to another employer the money goes with." Harris, D.: "Okay. Let… let's turn for a second. I want to cl… I want to go back to something the previous Representative on this side of the aisle asked because I think it is important and you addressed it. You said that this is, in effect, a Roth-style IRA. The key difference between a Roth-style IRA and a traditional IRA is the tax deductibility of that contribution. As an example, I have a traditional IRA. If I make a contribution to my traditional IRA, those are pretax dollars. In other words, it lowers my taxable income. Give you an example. Let's say I'm a person that earns $20 thousand a year. If three percent is coming out of my salary for… for savings, and follow me here, tell me if I'm wrong, if three percent is coming out of my salary for savings, that's $600. In a traditional IRA, that $600 would reduce my taxable income from 20 thousand to 19,400. In a Roth-style IRA, that cannot be done because it's after-tax dollars that are put in in a Roth-style IRA. The question is this, the folks who need this the most, and I understand that the savings rate is extremely low, but the folks who need this the most, the folks who earn 17, 18, 19, 20 thousand dollars a year, who need that… that retirement savings the folks who need this the most can most 09800150.docx 122  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 use the tax deductibility that is not afforded to them by this Bill. Am I wrong?"

"I… but let me make this point. For lower income workers, over the life of a savings plan, the Roth IRA actually is a better financial deal. For example, some of the tax savings for a traditional IRA don't kick in until someone is already over the age of 50. Under a Roth IRA, you can take the principle out without paying penalties. And that is not true of a traditional IRA." Harris, D.: "Well, you know…"

"So, you're… you're not wrong in your specific example, but I think you have to look at the overall context of lower income workers and whether a Roth or a traditional IRA is, overall, a better bet." Harris, D.: "But Representative, that's exactly what you don't want to do in a savings plan is to take the money out. When you take the money out, guess what? You can't invest as much. You're not going to get the returns as much. That's exactly what you don't want to do. And the peo…"

"I understand that." Harris, D.: "…and the peo… and the individuals who really need the dollars, who really need the dollars would benefit more of having that tax deductibility, putting more actual cash in their pocket because their tax liability would be less because they can deduct that 600 or whatever it is, they can deduct that three percent from their taxes. That's a real concern that I have about the Bill. If it was… if it was open entirely to both Roth and traditional IRA styles, I would feel a lot 09800150.docx 123  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 more comfortable. But that limitation is a hurdle I'm not sure I can get over."

"Okay. I appreciate the point but again I would say that overall, the financial analysts that we have talked to have said that the Roth IRA is li… the other issue is that for some of the people in some of the lower income groups, there may be some reasons why the principle is needed. And if they were in the traditional Roth IRA, they would be stuck with 10 percent penalties, and that may be a very heavy financial burden for them to bear." Harris, D.: "Okay. To the Bill. Ladies and Gentlemen, you heard my concerns. I really think that issue of tax deductibility is an extremely important one for those folks for whom this Bill is meant to help. Okay? The retirement savings… in this country has been low since the 1980s. We really do need to increase it. But I'm not sure that mandating this is the way to go. And I'm a fan of the Heritage Foundation, but let me just mention to you, the testimony that was prevented… presented before the House Ways and Means Committee in April of 2012 was put out by Mr. David John, who is a senior research fellow for retirement security and financial institutions at the Heritage Foundation. In his testimony before the House Ways and Means Committee, in which he argued for an automatic IRA he admitted… he said the views I express in my testimony are my own and should not be construed as representing any official op… position of the Heritage Foundation. There's no question we have to encourage savings. I don't believe this Bill is the right way to do it. It's another mandate. It's 09800150.docx 124  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 another administrative burden. And that issue of tax deductibility cannot be ignored. I recommend a 'no' vote."

"I have an important announcement for all of you. Mr. Turner in the Chair."

"Turner in the Chair. Representative Costello."

"Thank you, Leader Turner. And what a refreshing face you are in the Chair. To the Bill, Ladies and Gentlemen. I'd like to keep this extremely simple. I've been a financial advisor for 19 years. I… am partial owner of my own financial advisement business. This Bill encourages savings. It goes so far as to encourage people to save their own money for their own retirement. Something, to me, which seems extremely, extremely logical. So, break it down at a basis. The average person in the United States, who has retirement savings, has $3 thousand put away. Three thousand dollars is the average retirement savings in the United States. Over 50 percent, or about 50 percent, of people have no retirement put away. This Bill, at the end of the day, helps supplement people's retirement. And it takes away their dependence on the Federal Government to a degree, helps supplementing their Social Security, it also helps to supplement state aid for people that may have otherwise used it or had to use it. It makes great fiscal sense to me for the state. I recommend an 'aye' vote, and I would also like to bring up the point that concessions were made to this Bill to make small business more comfortable with this Bill and that's where the 25 number came about as far as employees. I encourage an 'aye' vote."

"Representative Ives."

"The Sponsor will yield."

"No."

"Well, let me tell about some of those who are for it: Ariel Investments, the American Society of Pension Professionals and Actuaries, Cabrera Capital Markets, DLM Manufacturing, the Illinois Black Chamber of Commerce, Morrison and Morrison, the National Association of Women Business Owners. There is no opposition from the Restaurant Association, Small Business Majority, TIAA–CREF, so all of these are business associations and they are in support of the Bill."

"You know, I don't know what their opposition is. Some of them I think are jealous because maybe they're not getting the business and they think maybe this will keep them from getting more business."

"I'm sorry. I… I'm sorry. I missed the question, Representative."

"Who will do the investment?"

"That will be the contract and… and you know, under the Bill the management fees cannot be more than .75."

"No, I think the contract… that's the board's responsibility, but the contract, I'm sure would require the manager, the actual money manager to… to be… checking things on a very regular… certainly… certainly at least as frequently as a quarterly basis."

"Yeah. It… so the board… the board isn't going to run the program. The board, every four years, and maybe more frequently if it wants to, would be able to check to see how things are going. But I'm sure the contract with the management company would provide for regular reports so that, were any problems to develop, the board would get a heads-up a good deal earlier than once every four years."

"No, but the contract with the management company, I'm sure, would mandate more frequent reports." 09800150.docx 127  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Well…"

"You know, if there is a scandal, I'm sure that we'll see the board jumping in to prevent anything bad from happening."

"No."

"No."

"Because language in the Bill says that there is not fiduciary responsibility for everyday management concerns, so that if… if there were just a mistaken decision to hire somebody who's not competent, it's that company that would be on the hook, not the board."

"And that can happen when they take their money to a bank, can't it?"

"I have confidence that there are plenty of money managers out there who have good solid reputations, and I can't believe this board would be foolish enough to go with some group that does not have a strong track record."

"I am not."

"Well, I have confidence that the money managers will know all the rules, all the regulations and will apply them appropriately."

"Well, their money will be pooled and I think that will solve the problem."

"Yes, they would have their individual account…"

"…but they wouldn't be managing that."

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

"Sponsor will yield." Davis, M.: "Representative Currie, my understanding is the state does not stand any risk once this legislation is passed?" 09800150.docx 130  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"You're ex… you're exactly right." Davis, M.: "Representative Currie, is it true that a very small business… business would give opportunity to those who have a minimal salary: they don’t earn very much. They won't get much Social Security, but if they invest in this plan, it will give them some income upon retirement?"

"That is the hope. That's exactly the hope, because too many people find themselves at retirement without adequate savings." Davis, M.: "Representative, who will appoint the members of this board."

"The Governor will appoint members, the Treasurer will chair it." Davis, M.: "Will the old Governor or the new Governor appoint the members."

"Well, I imagine the new Governor." Davis, M.: "The new Governor will appoint the members to this board?"

"But they… the Senate would have to approve." Davis, M.: "The Senate will approve, as they do most appointments?"

"And the Treasurer, because the Treasurer will actually be in charge of the program… of the board." Davis, M.: "And the Treasurer, they will sit near his office. Is that correct?"

"Well, I mean the… the State Treasurer." Davis, M.: "And there's no compensation for these board members."

"Right. Right." 09800150.docx 131  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 Davis, M.: "To the Bill, Mr. Speaker. There's a small radio station near my district. Very, very dedicated professionals who make a minimal amount of money because they don’t get many sponsors for their program, and they're looking for some opportunity to invest for their retirement. I was told this Bill came right on time for them, giving them an opportunity to invest long enough so they'll have something upon their older age and retirement. Now I know there's some people who don’t realize there are those people in our state who don’t earn as much as we do or have the income they have, who can invest in all of those high-priced, high-powered, interest- bearing Roths or IRAs. There're some people who will benefit amazingly from this type of program and without it being a risk to the pocket, or the budget of the State of Illinois. Senator Bliss… Biss, who came to me very early on, received a big no because I was truly ignorant to the facts. But once you get the facts and you're no longer ignorant to the facts and you care as much about poor people as you do about rich people, then you know this is an absolutely necessary Bill. And we should all vote 'yes'. Thank you, Barbara Flynn Currie."

"Representative Sullivan."

"A verification has been requested, Members. All Members will be asked to vote their own switch. Representative Davidsmeyer."

"The Sponsor will yield." 09800150.docx 132  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"That was only on Amendment 8. There were earlier fiscal notes, but there was a request for a fiscal note after adoption of Amendment 8."

"My argument was that as Amendment 8 merely said that the program would not apply to people under the age of 18 and it made a technical correction at the behest of the Treasurer that there was no different fiscal impact."

"Well…"

"The… the way the legislation reads, the idea is that the fund will pay administrative costs, the money manager. And there… the Treasurer's Office did set a fiscal note, but the way the Bill reads, any state money that might go to start- up would have to be appropriated and ultimately would have to be paid back by the fund. So, we do not envision a state cost."

"Only… only if the General Assembly decides to put money into the program."

"Subject to appropriation." 09800150.docx 133  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Only if you decide that you want to do that. And even if you do, the fund will be responsible for paying you back."

"Well, if you vote to…"

"…spend the money."

"Representative Cloonen."

"Thank you. Will the Sponsor yield?"

"The Sponsor will yield."

"I do have a couple questions on this. For the employers that deduct the money out of a person's paycheck, but don’t turn it in, who's going to go after them?"

"I don’t know that the Bill is… is clear on that, but that would be, obviously, theft and I should think would be covered by other criminal statutes."

"Okay. Thank you. And will the state be on the hook for that money or…"

"No."

"…will the employee be on the hook for that money?" 09800150.docx 134  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"No. The… well, I think the employer's on the hook for that money 'cause it’s the employer that stole it, but the state would not be on the hook."

"Okay. And knowing that this happens and that there is fraud, would the Sponsor be willing to work to be sure that we could address this in the future?"

"Yes."

"Thank you."

"Representative Welch."

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

"The Sponsor will yield."

"Thank you, Mr. Speaker. To the Bill. First, I want to commend Leader Currie for sponsoring this Bill in the House. I want to also commend Senator Biss for all the work that he has done. I, for one, do not understand the opposition to this Bill here today. This is commonsense legislation. Over the last month or so, I've participated in several town hall meetings in my district about this particular issue. And people have come out in support of this Bill in big numbers. This past Saturday, on small business Saturday, I met with both constituents and small business owners and they all supported this particular piece of legislation. Why? Because it's commonsense legislation. It gives working families an option, an option to save their own money for retirement. We all know that you can't depend on Social Security as a retirement plan. That's not a retirement plan. We need to allow working families an option. That's all this is. I encourage an 'aye' vote on this commonsense piece of legislation." 09800150.docx 135  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Leader Currie to close."

"Thank you, Speaker and Members of the House. I appreciate the former speaker's comments. I hope you will join me, AARP, the Associated Fire Fighters, Illinois AFL-CIO, the National Association of Women Business Owners, the Sargent Shriver National Center on Poverty Law, Women Employed, TIAA-CREF and say yes to this sensible market-driven solution to the problems of retirement security for low-income Illinois workers. Please vote 'yes'."

"Members, a verification has been requested by Representative Sullivan. All Members are asked to be at their seat and vote their own switch. The question is, 'Shall Senate Bill 2758 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… Representative Bost, Representative DeLuca, Thapedi. Mr. Clerk, please take the record. On a count of 67 voting 'yes', 45 voting 'no', and 0 voting 'present'… Representative Sullivan, would you like to proceed with your verification?"

"Just a moment, Representative. Representative, this does not have an immediate effective date requiring only 60 votes to pass. It was actually taken out in the Amendment that we adopted. Representative, would you like to proceed with your veri… Motion to… Okay. Mr. Clerk, please call the names of the affirmative votes."

"Excuse me, Mr. Clerk. He would like to withdraw his Motion for a verification. And now, on a count of 67 voting 'yes', 45 voting 'no' and 0 voting 'present', Senate Bill 2758, having received the Constitutional Majority, is hereby declared passed. On page 2 of the Calendar, we have Senate Bill 3028, Leader Lang. Mr. Clerk… Mr. Clerk, can you please move this Bill back to the Order of Second Reading and read the Bill?"

"Representative Lang on Floor Amendment #1 to Senate Bill 3028."

"I'd ask that we adopt the Amendment and debate it on Third."

"The Gentleman moves for the adoption of Floor Amendment #1 to Senate Bill 3028. 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. Mr. Clerk, please read that Bill for a third time."

"Leader Lang."

"Thank you, Mr. Speaker. Ladies and Gentlemen, this deals with some Amendments to the medical cannabis law, but I want to start by saying what I said in committee, that there are 09800150.docx 137  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 no substantive changes. These are all cleanup changes that have been requested by several state agencies and this got out of committee, I think 9 to 0. The first was requested by the Secretary of State and it just simply changes the order between when the field sobriety test is taken and a chemical test is taken in the case of a trooper who stops someone who's driving and wants to do the field sobriety test. The Bill we passed puts it in the wrong order, all this does is change the order. The second thing deals with putting the Department of Agriculture and the Department of Financial and Professional Regulation in the same place relative to rules and penalties and administrative hearings. Under the law we passed, we allowed IDFPR certain ability to fine and certain ability to create hearings and we neglected to do that for the Department of Agriculture. And the third issue deals with an agreement between the Illinois State Police and the FBI regarding how the process proceeds for background checks for those that… are… have to be finger printed. These are all technical in nature. I took everything else out that came to me that was substantive. And I ask your support."

"Seeing no debate, the question is, 'Shall Senate Bill 3028 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Members please record yourself. Have all voted who wish? Representative Acevedo, Hernandez, McSweeney. Mr. Clerk, please take the record. On a count of 84 voting 'yes', 23 voting 'no', and 2 voting 'present', Senate Bill 3028, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on Supplemental Calendar #1 we 09800150.docx 138  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 have Senate Bills under the Order of Second Reading. Senate Bill 2677, Representative Mayfield. Please read the Bill."

"Third Reading. Mr. Clerk, Senate Bill 3341. Representative Tryon. Please read the Bill."

"Third Reading. On Supplemental Calendar #1 under the Order of Resolutions, we have House Joint Resolution 115. Representative Costello."

"Thank you, Mr. Speaker, Members of the Body. House Joint Resolution 115 urges Congress to designate Cahokia Mounds and the thematically-connected mounds complex as a national historic park. The mounds there actually date to 800 through 1350 AD. Cahokia Mounds was designated a National Historic Landmark in 1964, a national registered historic place in 1966, and the United Nations actually listed it as a World Heritage Site in 1982. I think this would only be fitting. And I ask for your 'yes' vote."

"Gentleman moves for the adoption of House Joint Resolution 115. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. Mr. Clerk."

"Mr. Clerk, Agreed Resolutions."

"Leader Currie moves that the House adopt the Agreed Resolutions. All in favor say 'aye'… Excuse me. The Clerk is not finished. Mr. Clerk. Agreed Resolutions."

"Leader Currie moves that the House adopt the Agreed Resolutions. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Resolutions are adopted. Representative Tryon, for what reason do you seek recognition?" 09800150.docx 140  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Please proceed, Sir."

Speaker Turner: "Thank you, Representative. Representative Pritchard for what reason do you seek recognition?"

"Please proceed, Representative."

"Thank you, Representative. Mr. Clerk, committee announcements." 09800150.docx 141  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014

"Representative Brauer, for what reason do you seek recognition?"

"Thank you, Representative. Members, it is the intent of the Chair that Wednesday be the last scheduled day for Session this week. The 2015 Session schedule will be released on Wednesday. Democrats are reminded of a caucus for the 99th General Assembly immediately following adjournment here today. And now, allowing perfunctory time for the Clerk, Leader Currie moves that the House adjourn Session 'til Wednesday, December 3 at the hour of 10 a.m., December 3, 10 a.m. All in favor say 'aye'; all opposed say 'nay'. In the 09800150.docx 142  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 150th Legislative Day 12/2/2014 opinion of the Chair, the 'ayes' have it. And the House is adjourned."