Illinois House Floor Debate — April 1, 2003

“The House shall come to Order. The Members shall be in their chairs. We shall be led in prayer today by the Reverend Charles Epperly of the Crainville Baptist Church in Crainville, Illinois. Reverend Epperly is the guest of Representative Gary Forby. The guests in the gallery may wish to rise to join us for the invocation and the Pledge of Allegiance.”

“We shall be led in the Pledge of Allegiance by Representative Wirsing.” Wirsing: - et al: “I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

“Roll Call for Attendance. Representative Currie.”

“Thank you, Speaker. Please let the record reflect that no House Democrat is excused today.”

“Mr. Bost.”

“Mr. Clerk, take the record. There are being 117 people responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk.”

“Mr. Wirsing.”

“State your point.”

“Mr. Brauer.”

“State you point.”

“Mr. Clerk.”

“Mr. Leitch. Did you wish to call House Bill 1843? Mr. Clerk, what is the status of 1843?”

“Mr. Leitch.”

“The Gentleman moves for the adoption of the Amendment. The Chair recognizes Mr. Mautino.”

“Thank you, Speaker, Ladies and Gentlemen of the House. I rise in strong support for the Gentleman’s Amendment and commend him for bringing this legislation forward. It’s probably one of the most exciting and necessary Bills that we’ll see in the area of health care. And I thank also Gretal Kaleel, who’s joining us in the gallery, who was one of the first cord… cord blood donors in the State of Illinois at U of I. This procedure that she has taken the initiative to run and promote, once she made her… her presentation to the Illinois Valley hospitals and doctors they started this procedure immediately. It has an effect on, in Illinois of saving about 10 thousand lives. And also the impact since the stem cell is the cord blood cells are universal. They can be used in marrow, in bone marrow transplants. It’s a noninvasive procedure. And where it would normally cost about a hundred and thirty to a hundred and seventy thousand dollars per procedure under the Medicaid eligible class. This can be done for about thirty thousand dollars. So it has not only a public health but also a fiscal impact. It is timely. It is not a new procedure. This has been around since 1950. But of the 4 million live births that occur each year in this country only about a thousand of those stem cells are 09300039.doc 7  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 taken. So this would bring knowledge and opportunity to those mothers who can give these very vital cells. I have a member of my family, my nephew Alex, who has had stem cell transfer work. And it is known to be the cure for at least 45 known diseases. And it’s been one of the major… major courses of treatment in Sickle cell; treating certain forms of anemia. And has… as a universal donor has been able to bridge that line were I, being of one genetic type, could only give to someone of that same range if we were gonna do a normal bone marrow procedure, whereas this is universal. You don’t have to be Italian, Spanish, genetically typed. These cells have not been stamped and they can adapt. They’re a tremendous asset. I thank Mrs. Kaleel for her work and Representative Leitch for bringing this important legislation to the State of Illinois.”

Speaker Madigan: “The question is ‘Shall the Amendment be adopted?’ Those in favor… Representative Bellock.”

“Mr. Leitch.”

“The question is, ‘Shall the Amendment be adopted?’ Those in favor say ‘yes’; those opposed say ‘no’. The ‘ayes’ have it. The Amendment is adopted. Are there any further Amendments?”

“Third Reading. Mr. Parke, did you wish to call House Bill 1318? Mr… Mr. Clerk, what is the status of the Bill, 1318?”

“Mr. Parke.”

“Well, Mr. Parke moves for he adoption of the Amendment. There being no discussion, the question is, ‘Shall the Amendment be adopted?’ Those in favor say ‘yes’; those opposed say ‘no’. The ‘ayes’ have it. The Amendment is adopted. Are there any further Amendments?”

“Third Reading. Mr. Clerk, what is the status of House Bill 1318?”

“Thank you. Mr. Wait, do you wish to call House Bill 1548? Mr. Clerk, what is the status of 1548?”

“Mr. Wait.” 09300039.doc 10  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“The Gentlemen moves for the adoption of the Amendment. Those in favor say ‘aye’; those opposed say ‘no’. The ‘ayes’ have it. The Amendment is adopted. Are there any further Amendments?”

“Third Reading. Mr. Beaubien, Mark Beaubien. Mr. Beaubien. Mr. Beaubien, did you wish to call House Bill 218? Mr. Clerk, read the Bill.”

“Mr. Clerk, put the Bill on the Order of Third Reading. Is Mr. Dunkin in the chamber? Mr. Dunkin. Representative Flowers, did you wish to call House Bill 1507? The Lady indicates she does not wish to call the Bill. Mr. Franks, did you wish to call 209? The Gentleman indicates he does not wish to call the Bill. Mr. Lang, did you wish to call House Bill 89, 89? Representative Ryg, Ryg, do you wish to call House Bill 3061? Is Mr. Hassert in the chamber? Mr. Hassert. Mr. Bill Mitchell, Bill Mitchell. Mr. Wait, did you wish to call House Bill 1547? Mr. Clerk, what is the status of the Bill?”

“Mr. Wait.”

“The Gentleman moves for the adoption of the Amendment. Those in favor say ‘yes’; those opposed say ‘no’. The ‘ayes’ have it. The Amendment is adopted. Are there any further Amendments?”

“Third Reading. Mr. Brosnahan, do you wish to call House Bill 2215? The Gentleman indicates he does not wish to call the Bill. Mr. Capparelli, Mr. Capparelli. Representative Collins, Collins, did you wish to call House Bill 1182? You don’t wish to call the Bill at all? Representative Flowers, do you wish to call House Bill 2376? The Lady indicates she does not wish to call the Bill. Mr. Forby, House Bill 3407? The Gentleman indicates he does not wish to call the Bill. Mr. Granberg, House Bill 962? Mr. Clerk, what is the status of the Bill?”

“Mr. Granberg.” 09300039.doc 12  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 provides that the Rend Lake Conservancy District will be audited by the state auditor general. Three different audits will be performed and the cost will be borne by the conservancy district itself.”

“The Gentleman moves for the adoption of the Amendment. Those in favor say ‘aye’; those opposed say ‘no’. The ‘ayes’ have it. The Amendment is adopted. Are there any further Amendments?”

“Third Reading. Mr. Miller, did you wish to call House Bill 520? The Gentleman indicates he does not wish to call the Bill. Mr. Turner, Mr. Turner, did you wish to call House Bill 524? Mr. Clerk, what is the status of the Bill?”

“Mr… Mr. Turner.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the Assembly. Amendment #1 was an Amendment that was proposed to me by the Cook County State’s Attorneys Office and addresses this issue of whether 17-year-olds should remain or be transferred to an adult facility upon their 18th birthday. And I move for the adoption of Amendment #1.” 09300039.doc 13  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

Speaker Madigan: “Gentleman move for the adoption of the Amendment. Those in favor say ‘aye’; those opposed say ‘no’. The ‘ayes’ have it. The Amendment is adopted. Are there any further Amendments?”

“Third Reading. Mr. Clerk, what is the status of House Bill 89, 89?”

“Mr. Lang.”

“Thank you, Mr. Speaker. Amendment #2 becomes the Bill. As you know, I’ve been working for sometime on collecting the state’s debt. As of the most recent report of the comptroller, we have $10.5 billion owed to us by our own taxpayers. This is a comprehensive scheme for centralizing this debt in the Department of Revenue, so that it be collec… collected by real experts. So we can eat into our budget deficit. I would ask your support on the Amendment.”

“The Gentleman moves for the adoption of the Amendment. Those in favor say ‘aye’; those opposed say ‘no’. The ‘ayes’ have it. The Amendment is adopted. Are there any further Amendments?”

“Third Reading. Mr. Ken Dunkin, did you wish to call House Bill 3429? The Gentleman indicates he does not wish to call the Bill. Mr. Giles, did you wish to call House Bill 1256? The Gentleman indicates he does not wish to call the Bill. Is Mr. Hoffman in the chamber? Mr. Hoffman. Mr. Washington, did you wish to call House Bill 3044? The Gentleman indicates he does not wish to call Bill. Is Mr. Hassert on the floor? Mr. Bill Mitchell. Mr. Daniels on House Bill 1102? The Gentleman indicates he does not wish to call the Bill. Representative Krause, Carolyn Krause, House Bill 3017. Lady indicates she does not wish to call the Bill. Mr. McAuliffe, Michael McAuliffe, on 2573? The Gentleman indicates he does not wish to call the Bill. Mr. Stephens, Ron Stephens. Mr. Wirsing, Mr. Wirsing. Representative Berrios, do you wish to call 2522? The Lady indicates she does not wish to call the Bill. Mr. Boland 3113, 3113. The Gentleman indicates he does not wish to call the Bill. Mr. Brosnahan 1191. The Gentleman indicates he does not wish to call the Bill. Mr. Burke, 1375, 1375. The Gentleman indicates he does not wish to call the Bill. Mr. Capparelli House Bill 132. The Gentleman indicates he does not wish to call the Bill. Representative Feigenholtz, 3021. Mr. Clerk, read the Bill, 3021.”

“Representative Feigenholtz.” 09300039.doc 15  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3021 as amended repeals the family cap policy so that TANF will support every child. This is a Bill that has been negotiated with the Governor’s Office and the Department of Human Services. There is agreement on substance. And the Amendment that we adopted yesterday is an agreed phase-in of this change.”

“The Lady moves for the passage of the Bill. The Chair recognizes Mr. Black.”

“Mr. Black.”

“The Sponsor yields.”

“Certainly.”

“It becomes the Bill.”

“Amendment 1 gutted the Bill, 2 became the Bill.”

“Correct.” 09300039.doc 16  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“I believe that the initial phase-in will cost about $300 thousand for FY04.”

“That is the information that I have gotten, Representative Black.”

“No one testified against the Bill, Representative Black. Perhaps it was misfiled. I don’t even know the name of the group that you’re talking about. If you’d like to tell me, I’d be glad to know.”

“Representative Black, that is not in FY04. That is the long term phase-in.”

“Correct. From, I believe ‘05 through ‘07.”

“Right.” 09300039.doc 17  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Right.”

“Well, it wouldn’t be sunset, it would be fully rolled out and implemented in ‘07.”

“The cap language would be repealed by ‘07. So…”

“The exist… the existing statute whi… which has a cap in it.”

“Would be inoperative as the Amendment reads.”

“Sorry for the confusion.”

“Representative Mulligan, Mulligan.”

“Sponsor yields.”

“For 0… right. For ‘04 it is new children. Yes.”

“Well, the…”

“…the way the phase-in is structured, Representative, the Bill phases in the costs for newborn babies as of January 1st, ‘04. And that is what wer… the only thing we’re doing in ‘04 is we’re lifting the cap for newborns.”

“Well, they’re still discussing reauthorization as you know, so there’s no indication whether this is…”

“So, right now, Representative Mulligan, this is essentially discretionary to the states.”

“Correct.”

“Not in ‘04, no.”

“No, it does not.” 09300039.doc 19  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Well, under current law, women with newborns are exempt from work, as you know. But it, aside from those, aside from that fact…”

“Correct.”

“You know, I think that when welfare reform was passed in 1995, much of the intent was to deter welfare recipients from adopting what was considered a welfare lifestyle by bearing children. As you know, I mean you were here for this debate, Representative Mulligan. And a lot of academic studies have shown us that welfare is not the reason low-income women have kids. And that the family cap does nothing to effect childbearing.”

“I think wer… you know we’re working on that.”

“Right. Correct.”

“Thank you.”

“Mr. Meyer.”

“Sponsor yields.”

“Mr. Speaker, I can’t hear the Gentleman. Can you get some order in the chamber, please?”

“Well, lets try telling the people that it would be for you. So, look at how quiet it’s getting. Mr. Meyer speak up a little bit. Shh.”

“We are proposing the state change in the family cap. But it doesn’t change the federal mandate, Representative.”

“Well, I actually think it’s quite the opposite. I think that there have been a lot of myths dispelled since we enacted welfare reform in 1995. That really kind of makes this progressive public policy, because of what I just discussed with the former Representative who was asking me questions. I don’t think that this undermines anything.”

“No, we have some…”

“Well, I think that under current welfare reform one of the things that we’ve seen are strong work standards and positive work support and time limits that have eliminated possibility of anyone adopting, as I said earlier, the ‘welfare lifestyle’ that we were all concerned about in 1995. And childbearing essentially has no effect on that. The main…”

“…the main goal is that the child is supported and not living in poverty.”

“This was just a limitation on cash assistance. They’re already getting food stamps Representative. They’re already eligible for food stamps.”

“Yes. It… this is only on the cash grant.”

“Representative Feigenholtz to close.”

“Thank you, Ladies and Gentlemen of the House. I’d appreciate an ‘aye’ vote.”

“The question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? Have all voted who wish? Has Mr. Hartke voted? The Clerk shall take the record. On this question, there are 77 ‘ayes’, 31 ‘noes’. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Flowers, did you wish to call House Bill 1484? Mr. Clerk, read the Bill.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1484 amends the aging Act. It 09300039.doc 23  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 changes the… by making changes in the sections to long-term care. And the Bill as amended has four functions. First, it changes the name of the sub-state long-term care om… osbimis, oh excuse me, the long-term care osbid… (sic- ombudsman) program to the regional long-term care program. Second, it adds supportive living facilities to the type of facilities covered by the program. Third, it would order the Department of Aging to consult with the office of the state long-term care osbin… (sic-ombudsman) excuse me, the long-term care office and the administration of the long-term care program. Fourth, the Bill would provide a new set of rules to govern the disclosure and the confidentiality of this information. And I’ll be more than happy to answer any questions you may have.”

“The Lady moves for the passage of the Bill. There being no discussion, the question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 117 people voting ‘yes’, 0 voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Stephens, did you wish to call House Bill 3107, 3107? Mr. Clerk, read the Bill.”

“The Gentleman moves for the passage of the Bill. There being no discussion, the question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? Has Mr. Morrow voted? Has Mr. Morrow voted? The Clerk shall take the record. On this question, there are 112 people voting ‘yes’, 4 people voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Daniels, did you wish to call House Bill 1662? How about 1822? Thank you. Mr. McGuire. Mr. McGuire, did you wish to call House Bill 2636, 2636? The Gentleman indicates he does not wish to call the Bill. Representative Nekritz, did you wish to call 2995? Mr. Clerk, what is the status of the Bill, 2995?”

“Representative Nekritz on the Amendment.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment #1 to House Bill 2995 does two things. Originally, the… it… a… the term of… of an appointee by a lame-duck Governor… let me start again. If… if a lame-duck Governor makes an appointment in the last 90 days of his term, that appointee’s term that in office will only extend 60 days into the new Governor’s term. And the second part of the Bill… And that affects appointees that are confirmed by the Senate. The second part of the Bill would affect other Governor… gubernatorial appointments that are not confirmed by the Senate and would provide for a six-month probationary appoint… period for those employees and those appointees.”

Speaker Madigan: “The Lady moves for the adoption of the Amendment. There being no discussion, the question is, ‘Shall the Amendment be adopted?’ Those in favor of the Amendment say ‘aye’; those opposed say ‘no’. The ‘ayes’ have it. The Amendment is adopted. Are there any further Amendments?”

“Third Reading. Mr. Clerk, what is the status of House Bill 2566?” 09300039.doc 26  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Third Reading. Mr. Osterman, did you wish to call 2356, 2356? Mr. Clerk, read the Bill.”

“Mr. Osterman.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I have before you today House Bill 2356, a measure that requires the sales of firearms at a gun show in Illinois to go through a federally-license firearm dealer, who will conduct an instant criminal background check on the purchaser. Each year in Illinois there are 50 to a 100 gun shows registered with the State Police. There are also many others that are not registered with State Police. These gun shows are supermarkets for firearms and weapons. They are attended by thousands of individuals, in many cases, law-abiding citizens. However, some of these gun shows have been used by criminals and straw purchasers to circumvent the system for conducting federal background checks. At these shows you have federally-licensed firearm dealers selling guns in a booth alongside many times unlicensed dealers or other individuals selling guns that are not federally-licensed. A vital, critical difference between these two individuals 09300039.doc 27  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 is that the federally-licensed dealers are required to conduct a federal background check through the Illinois State Police prior to the sale and the non-licensed dealer is not. The Department of Justice study shows that 25 percent of participants selling firearms at a gun show are not federally-licensed. House Bill 2356 seeks to ensure that individuals that sell firearms at a gun show must do thro… do so through a federally-licensed dealer. And that dealer must follow State Law conducting in a instant background check through Illinois State Police. Amendment 1, that was adopted yesterday, defines a gun show to be an event that sells 25… or offers for sale, 25 or more firearms or have three venders that are selling firearms, three booths that are selling firearms… Amendment 1 is designed to more narrowly define the definition of what a gun show. Last year in the State of Illinois instant background checks conducted by the State Police stopped 13 hundred individuals from purchasing firearms, 13 hundred times someone with a criminal background, a domestic abuser or someone with another reason for not being able to own a firearm in the State of Illinois was stopped, 1300 times the system works. How many times did those individuals seek a gun show as a solution to getting a gun? The state and federal system for conducting criminal background checks is put in place to keep guns out of criminals’ hands. House Bill 2356 looks to do this in a reasonable, responsible way and ensure that individuals purchasing firearms at a gun show go through a background check prior 09300039.doc 28  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 to the purchase. Someone argued that there is no loophole. And I again will appoint to the 13 hundred times last year in Illinois that the State Police stopped the sale. Studies done by… the Bureau of Alcohol Tobacco and Firearms have shown that 20 percent of gun show guns recovered from gun trafficking cases were purchased at gun shows. Another study of prison inmates found that 2 percent of those inmates you… purchased guns at gun shows or flea markets. I also want to point to a comment made by a former lobbyist for the NRA, he said, ‘yes, there is a gun show loophole. My fellow gun owners know it, FFLs want to close it and criminals exploit it.’ Ladies and Gentlemen of the House, in some parts of our state gun violence has reached epidemic proportions. Communities are under siege, innocent victims are falling, family’s torn apart and people left asking why. Last year in Illinois over 700 residents were killed due to gun violence. This measured aimed to kee… is measured… is aimed at keeping the guns out of the wrong people’s hands by ensuring at gun shows people buying guns do so through an instant background check. Ladies and Gentlemen, this a reasonable, responsible measure that looks to keep guns out of criminals’ hands. And I ask for your ‘aye’ vote.”

“The Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Rose.”

“Sponsor yields.” 09300039.doc 29  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“No.”

“No.”

“No.”

“No.”

“No.”

“Representative Rose, absolutely nothing. But today I woke up as a resident of the State of Illinois. My constituents woke up as residents of the State of Illinois. Your constituents woke… woke up as residents of the State of Illinois. We have issues within the State of Illinois that we need to address. Gun violence is one of those. Gun shows are used by straw purchasers and criminals to sometimes purchase weapons.”

“Nothing would.”

“Yes, and I think the number… revised number from the State Police was 13 hundred.”

“The actual number, I do not know was investigated, Representative Rose. But after you asked the question in committee I went and talked to State Police. And the procedure when that call-in is found that a person should not be purchasing a gun, what they do is they notify local authorities. And those local authorities will then go and do those investigations. It’s also my understanding that the attorney general goes out and does those investigations, as well. So the system, once that… background check stops the sale, it doesn’t leave there, they notify the local authorities.”

“I do not know.”

“Yes, it is.”

“No, we don’t. But the State Police passed that information on to local authorities. So I would hope, Representative Rose, that those local authorities went out 09300039.doc 31  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 and sought those individuals, and tracked ‘em down and convicted them for those… for trying to purchase those weapons.”

“That’s correct, Sir. I can try to find that information out. If this Bill goes to the Senate, we can talk to all the local authorities, police and state’s attorneys and find out how many of those followed through on that.”

“That’s something I would have to ask ATF, Representative.”

“I believe it is, yes.”

“Yes, it is.”

“Representative Rose, I don’t know the exact number, but you’ll be happy to know that last Friday in the City of Chicago there was a federal case that sent a gang member, a 09300039.doc 32  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 leader in the gang in Chicago, sent him away for 15 years for illegal firearms possession. So, the system is working in some cases. If you want raw numbers I will continue to work to find those numbers, but the system is working in some cases, Representative Rose.”

“No, the whole point of this is to say that some people at gun shows that are federally-licensed are conducting instant background checks. Other people that are sitting right along side of them are not con… are not conducting the federal background checks.”

“You have to get a background check conducted by State Police for a FOID card, yes, you do, which is done once every five years.”

“I beg you pardon?”

“Yes, you do.”

“Representative Rose, that is correct. But the State Police will point to, as will other law enforcement, that a 09300039.doc 33  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 FOID card is readily available by sending a picture through the mail with the application so that the check is done. I will… I will talk about a point where a three-year-old, Chicago police had a FOID card in the name of a three-year-old individual. So, was that three-year-old individual legal to pur… get a FOID card?”

“The answer is ‘no’.”

“No, no, no. What I’m saying is that there are… there are problems with the FOID card, which they are trying to address through digital imaging and trying to match applications for a FOID to the Secretary of State’s license plate. But Representative Rose, there are situations where people commit crimes, they keep possession of the FOID card and they go and purchase these weapons. Those situations do happen, Representative.”

“Mr. Bost.”

“State your inquiry.”

“Mr. Bost, let me return to you.”

“Pro… Proceed, Mr. Bost.”

“Sponsor yields.”

“Representative Bost, the Amendment #1 that further defined a gun show is one that I initiated on my own after asking the NRA for input. Members of this House asked for input as well and didn’t get an answer. I don’t see how it would affect those situations. I don’t see how it would affect the Sportsmen’s Caucus which, I want to tell the Body, uses an FFL. At the Sportsmen Caucus, when they raffle off guns, they use an FFL. So, if you can explain to me a situation where it would affect it in a negative impact, I’d like to know.”

“I have attended the Sportsmen Caucus.”

“I have never been invited.”

“And I don’t know that I will be invited in the future, but I’d like to go.”

“Maybe you can invite me down there. But I don’t… I honestly don’t know. And the reason for the definition in the Amendment the way I drafted it, it was to address that 09300039.doc 36  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 issue. So, I mean, we’re trying in good faith to say we don’t want to hurt Pheasants Forever, white tailed, you know, united.”

“Representative, please, you know those things. You go to those events. I want you to tell me here on the House Floor and share with the Members how this is gonna hurt Pheasants Forever. How this is gonna hurt one of those events. I’m willing to listen as are every Member in this House. If you can tell me and tell everybody here because the NRA has been having e-mails sent, fanning the flame, saying this Bill is gonna put Pheasants Forever out of business, it’s gonna hurt, gun shows are gonna close. So, if you can tell me and tell everybody else in this floor how this is gonna hurt it, I’m willing to listen. I think and everybody else will, as well.”

“All right, Ladies and Gentlemen this matter is on the Order of Standard Debate. Mr. Osterman has 09300039.doc 38  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 spoken in support of the Bill. Two people have spoken in response. The Chair recognizes Mr. Black, Mr. Black.”

“Sponsor yields.”

“It’s my understanding it is not.”

“Specifically, Representative, is at the gun show that you were at there’s a very good chance that there is a federally-licensed gun dealer who is selling his guns. He is also sitting next to a nonlicensed gun dealer, someone who collects guns, trades guns, what have you. The federally-licensed dealer’s required to do an instant background check which usually takes two minutes to do according to State Police, right then and there, before they’re able to sell that weapon. The nonlicensed dealers are supposed to view the FOID card, keep track of the paperwork, but there is no instant background check. The 09300039.doc 39  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 instant background check, Representative, is what we are trying to accomplish here. And that is the reason we need to have it go through the federally-licensed dealer.”

“Yes, it is.”

“Yes, I am.”

“My understanding under State Law is that… and Federal Law, Representative, this is my understanding and the opponents of this legislation who testified in committee that it was legal to purchase a handgun. What you might be caught up on is that there is a 72-hour waiting period for handguns. But many of these gun shows run Thursday through Sunday, so someone, in theory, could come in on a Thursday or a Friday, purchase the weapon put the money down, fill out the adequate paperwork and come back on Sunday and pi… pick up that handgun.”

“No. Let me explain, if I could. You, as an Illinois resident who goes to a gun show and you want to purchase a long gun, under State Law you are required to wait that 24 hours for delivery. So there is, that 24-hour waiting period in place right now. There is a provision in the FOID Act that says that the five surrounding states around us, if they go to a recognized gun show, there is no waiting period. Okay, so that would still be in place with this law. Now, what does it take for someone to be a registered… to go to re… register with the State Police is 09300039.doc 41  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 to send a letter, again over 50… 50 to 60 of those go through the State Police and they receive a letter back from State Police saying you’re registered, here are the rules that we want you to follow. But if it’s a registered… if it’s a registered gun show with the State Police someone from Indiana can come over, and unless they have any kind of felony background or something that would preempt them from purchasing a weapon, they could do that. That would remain under this law. This would only get to the instant federal background check.”

“All right, Ladies and Gentlemen, this matter in on the Order of Standard Debate. We’ve had one for the Bill, three in response. There will be, at most, two more in support of the Bill and no more in response. Representative Currie.”

“Thank you, Speaker and Members of the House. Let me make first this point. If you, at a gun show, buy from an unlicensed dealer because you know you can’t pass the criminal background check, that’s not illegal. No one can prosecute you for that. You bought it. You didn’t have to do the background check. And there you are. I think what Representative Osterman is trying to do makes eminent common sense. Most of the time, in most of Illinois, in order to buy a gun you have to meet two requirements. You have to have a valid federal, fire… firearm owner’s identification card and you have to pass a criminal background check. There are some places sometimes when you don’t need to do the criminal background check, perhaps as many as a hundred a year. Here is a fact, the Federal Bureau of Alcohol, Tobacco and Firearms tells us that more than 20 percent of illegal arms sales in this country happen at gun shows. They happen because people are buying from unlicensed dealers. We know from the Department of State Police that there are many who try to buy from federly… federally-licensed dealers who don’t meet the criteria. They cannot pass the criminal background check, 09300039.doc 45  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 13 hundred is the number we’ve heard. Those are facts. If you want to make sure that the only people who are buying are those who are eligible to buy and if you want to make sure that we stop people who don’t meet the mark, then closing this loophole and saying to the dealers at these hundred or more shows that happen a year, saying to the unlicensed dealers do the background check, that’s a way to make our streets and our communities safer. This is commonsense gun control. It’s not pie in the sky. It’s not far out. It’s reasonable. It’s sensible. And it will help us all rest more easily at night. I urge your ‘aye’ vote.”

“This matter is on Standard Debate. We’ve now had two for the Bill, three in response. Mr. Mautino, are you seeking recognition? We’ve already had three in response, Mr. Mautino. Mr. Mautino.”

“Certainly, there’s been three in response?”

“Right.”

“So, then what would be left would be opposition?”

“We finished with the opposition.”

“Oh, okay. Would… Can I ask a question?”

“Well, that would be considered in response.”

“I could possibly be in support of this.”

“We understand that, Mr. Mautino.”

“Could possibly.”

“Cou… could we do one question?”

“Yes.”

“One question to Mr. Osterman.” 09300039.doc 46  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Okay. No, my question actually, and I apologize in the first part of debate I was gone when the ruling was there. I have three Home Rule municipalities, it’s your intention that they would not have to follow this law? They would still be able to conduct their… they would still have the right under our Constitution to name their own laws, they would not have to follow this because it doesn’t preempt their authorities. So, my three communities could go on as they have been. And that would be your intention?”

“This unlike other Bills that are gonna be talking about preemption, this law… this law would be the law for the whole State of Illinois.”

“So, that’d be the legislative intent? Would be… I mean from what I understand in the number…”

“There are some communities… there are some communities.”

“…of votes that we’re actually taking is my three cities don’t have to.”

“There are some communities that have… that don’t have gun shows. Now whether that’s by statute or by design, not in statute, but this would be for the State of Illinois.”

“So… so a city ordinance… okay. So this does preempt then, those three cities. I mean, that’d be your intent, that’s for the full state. So, my three Home Rule cities would be impacted?” 09300039.doc 47  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“This would not be stopping any gun shows that are going on right now.”

“But they would have to comply with this provision of the law, which they don’t have to right now, under our Constitution.”

“Under the law of the State of Illinois, there’s no background checks, I mean there’s no background checks for nonlicensed dealers. So, this basically says that if you’re selling a gun at a gun show it’s gotta go through an FFL. Does that answer your question, Representative?”

“Yeah. I think I’m gonna go back to in response. But first you…”

“Thank you, Mau…”

“Mr. Bost.”

“Well, you might want to question Mr. Osterman before you question the parliamentarian. The parliamentarian has responded to your inquiry and… and there are no one… no one else seeking recognition, so, I would suggest we go to Roll Call. Those in favor of the passage of the Bill vote ‘aye’; those opposed vote ‘no’. Have all voted who wish? Has Representative Flowers voted? 09300039.doc 48  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 Has Mr. Parke voted? The Clerk shall take the record. On this question, there are 61 ‘ayes’ and 55 ‘noes’. There is a request for a verification. We need staff to retire to the rear of the chamber. And we need Members to be in their seats. Staff to the rear of the chamber. Members in their seats. Mr. Hoffman, please take your seat. Mr. Beaubien, please take your seat. Members in their chairs. Mr. Dunkin, please take your seat. Monique Davis in your seat, please. Everyone please take their seat. Mr. Morrow, please take your seat. Mr. Clerk, read the names of those voting ‘yes’.”

“Mr. Rose, any questions?”

“Representative Kelly is not voting.”

“Hamos. Hamos has returned.”

“Stephens. Remove Mr. Stephens.”

“Saviano. Remove Mr. Saviano.”

“On this question, there are 59 ‘ayes’ and 55 ‘noes’. Mr. Osterman.”

“I ask that this Bill be on Postponed Consideration.”

“The Bill shall be placed on the Order of Postponed Consideration. Mr. Clerk, what is the status of House Bill 2532?”

Speaker Madigan: “Place this Bill on the Order of Third Reading. Mr. Wirsing, did you wish to call House Bill 3036? Mr. Clerk, read the Bill, 3036.”

“The Gentleman moves for the passage of the Bill. There being no discussion, the question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 117 people voting ‘yes’, 0 voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Slone, did you wish to call House Bill 2-2-1? Mr. Clerk, read the bill.”

“Representative Slone.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. House Bill 221 is a Bill that would set some standards for the Department of Central Management Services in its property leasing activities. We’ve seen the Bill before, it was actually passed during the Veto Session last year but did not get through the Senate. I’d be happy to answer any questions.” 09300039.doc 51  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“The Lady moves for the passage of the Bill. There being no discussion, the question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? Have all voted who wish? Has Representative Graham voted? Representative Jakobsson. The Clerk shall take the record. On this question, there are 103 people voting ‘yes’, 13 people voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Turner, Arthur Turner, do you wish to call 3316? Mr. Clerk, read the Bill.”

“Mr. Turner.”

“Thank you, Mr. Speaker, and Ladies and Gentlemen of the Assembly. Floor Amendment #1 clearly spells out who would be the… the… or the community that would qualify for this particular program, if in fact funding is available for it. This is a proposal that was submitted to me by the Department of Public Aid. And I move for the adoption of Amendment #1.”

“The Gentleman moves for the adoption of the Amendment. Those in favor say ‘yes’; those opposed say ‘no’. The ‘ayes’ have it. The Amendment is adopted. Are there any further Amendments?” 09300039.doc 52  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

Speaker Madigan: “Third Reading. Is Mr. Hoffman in the chamber? Mr. Hassert. Mr. Bill Mitchell. Mr. Hoffman, do you wish to call House Bill 2784? The Gentleman indicates he does not wish to call the Bill. Mr. Mathias, do you wish to call House Bill 2-0-8-8? Mr. Clerk, read the Bill.”

“Mr. Mathias.”

“Mr. Lang.”

“Thank you, Mr. Speaker. I rise in opposition to this legislation. The Sponsor and I have had numerous conversations about it. This Bill, as it’s written, will give people an opportunity to evade creditors, albeit in a small way. But in our efforts to help regular, ordinary citizens of Illinois, some of whom are out of work, some of whom have financial difficulties, I recognize that and I have a pretty good record on this floor at helping those 09300039.doc 53  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 people. However, creditors have a right to be paid, too. This Bill will help people evade their creditors, it’s just that simple. And so, I would recommend that you take a good, long look at this Bill and determine whether you want to make it easier for people to avoid paying their creditors. I would recommend ‘no’ or ‘present’ votes.”

“Mr. Fritchey.”

“Thank you, Speaker. To the Bill. This Bill came through the committee, which I chair, and I’m in agreement with the previous speaker. Ladies and Gentlemen, please keep in mind that what we are trying to do is give protection to somebody that has been found by a court to legally owe a debt or an obligation to somebody. So, if you are the creditor and that debt or obligation is to you, what we are trying to… what this Bill would do is say, yes, we understand that you are owed money. There’s no question about that, there’s no question about how much money that you are owed. But we are going to broaden the protections of that debtor who owes you the money. And we’re not doing it as they’ve done in other states where they say your homestead is completely off limits. So it’s not as if we are keeping somebody from being removed from their home, as virtue of a debt. What we are saying is they’re either gonna lose their house or not, but the amount of money that they have that you are gonna be able to go after for a judgment, which is owed to you, is now smaller. The purse is smaller that… for you to go after. The Sponsor, I’m sure, is well-intentioned. Although in committee, I’ll 09300039.doc 54  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 submit, that we really could not elicit a reason of why or what the motivation was that we’re trying to protect someone that’s been found to have done something that caused a debt to somebody else. It sounds like an innocuous Bill. And if… you know, many days this Bill may have come up for a vote and nobody would’ve paid attention to it. But I would hope that you would pay attention to it now. It’s not good policy. It’s not good policy to say that we’re going to protect people that owe other people money. And I’d recommend a ‘no’ vote. Thank you.”

“Ladies and Gentlemen, this matter is on the Order of Standard Debate. Mr. Mathias has spoken for the Bill. We have now had two people in response and we have two people seeking recognition. Representative Currie.”

“Speaker and Members of the House, I rise in support of the Bill. This is not a proposal that makes Illinois like Florida or Texas. Representative Mathias isn’t proposing that you get to keep a house worth $2 million if you find yourself in debtors court. It does say that maybe you could keep $15 thousand of the value of the house, 30 thousand for a family of two. All he’s trying to do is to bring, into some reasonable line, the protections that people ought to have in bankruptcy so they don’t find themselves on the street, so they don’t find themselves without a way to get to work. He’s just trying to make, in current dollars, the value of limits that were proposed many years ago, reasonable and rational. I think this is a help to ordinary folks who get into trouble. And I think 09300039.doc 55  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 it will, as I say, help them keep a roof over their head, make it possible for them to get to work. This is in no way an extreme proposal, it’s reasonable, it’s modest. And I am grateful to Representative Mathias for bringing this measure to us.”

“The matter is on Standard Debate. Two have spoken for the Bill, two in response. The Chair recognizes Mr. Franks.”

“Mr. Speaker, I’d like to speak in response to the Bill.”

“Proceed.”

“Representative Mathias, I understand what you’re trying to do here, but… but what troubles me… when you raise the… the exemption limits, what you could be creating is a permanent debtor or a permanent deadbeat. I know you do bankruptcy work and I’ve done some collection work and we… so we both know what’s… what’s going on. The vast majority of the judgments that you see that are in the civil litigation arena, most of them I believe, are small claims cases. Which I’m sure you’d agree, correct?”

“And… and the… and right now the limitations for a small claim complaint are $5 thousand or less. What worries me with the increased… the increased exemptions, such as the car or other things, people who get a judgment in small claims could, by and large, be barred from collecting by people who exert an exemption. If someone, for instance, has $2 thousand in a bank account, right now, 09300039.doc 56  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 how would that work? They can claim a $2 thousand exemption, correct? In a bank account?”

“Well, they’ve also got other procedural safeguards, as well. For instance, you can’t attach Social Security benefits if it’s ma… if you can prove that it came into your bank account from Social Security, correct? So… so there is a larger exemption.”

“Right.”

“Rep… I understand your argument, Representative. But in… in reality, when it comes to foreclosure you’re dealing with a residential foreclosure and you have a bank who is typically the first mortgagor, the lender. When that lender would foreclose on the mortgage and go to… to sheriff’s sale, typically the lender is the one that purchases the property at sale for the amount of the judgment, correct?”

“Okay.”

“All right. I was asking because you had brought it up. And I’ll just go to the Bill for… in interest of time. I would stand with Representative Lang and Representative Fritchey in opposition. I think… though it’s what the… the Sponsor was well-intentioned, I think that the effect on commerce, effect on small business people could be chilling. I re… I… and then we don’t want to create a permanent class of debtor or deadbeat. And this Bill would 09300039.doc 58  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 go a long way towards accomplishing that. So I’d ask for ‘no’ votes or ‘present’ votes.”

“The question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 84 ‘ayes’, 29 ‘noes’. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bailey, do you wish to call House Bill 506? The Lady indicates she does not wish to call the Bill. Representative Pankau, do you wish to call 1414? Mr. Clerk, what is the status of the Bill?”

“Representative Pankau.”

Speaker Madigan: “The Lady moves for the adoption of the Amendment. Those in favor say ‘yes’; those opposed say ‘no’. The ‘ayes’ have it. The Amendment is adopted. Are there any further Amendments?” 09300039.doc 59  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Mr. Will Davis, do you wish to call House Bill 3671? Mr. Clerk, put House Bill 1414 on the Order of Third Reading. And then, Mr. Clerk, on House Bill 3-6-7-1, read the Bill for a third time.”

“Mr. Davis.” Davis, W.: “Thank you, Mr. Speaker and Members of the House. This Bill, 3671, amends the med… Emergency Medical Services systems Act by deleting the requirement that a plan of corrective process must be instituted before the department suspends, revokes, or refuses to renew a license, designation, or certification. The Bill also eliminates the ability of the department to fine EMS personnel. Ask for an ‘aye’ vote.”

“The Gentleman moves for the passage of the Bill. There being no discussion, the question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 117 people voting ‘yes’, 0 voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Sacia, do you wish to call House Bill 1751? Mr. Clerk, what is the status of the Bill?”

“Mr. Clerk, is this Bill on the Order of Second Reading?”

Speaker Madigan: “And the Chair recognizes Mr. Sacia on Amendment #1.”

“The Gentleman moves for the adoption of the Amendment. The Chair recognizes Mr. Hartke.”

“Will the Sponsor yield?"

“The Sponsor yields."

“Mr. Sacia, does this apply just to your township specifically or does it open it up for everyone?”

“It’s my understanding… and… and remembering, we talked about this in committee. Your community voted for this fund. Why did they not vote for some referendum or something rather than the… the tort immunity fund?”

“What led them to believe that?”

“Well, was it not meant for lawsuits and things like that that may occur in the township?”

“Will this deplete that fund completely?”

“Do you have any idea how many dollars they’re wanting to spend for a library?”

“Do you know how many dollars…”

“They have $4 million in the fund?”

“This will expire after a year?”

“All right. Thank you, Mr. Speaker.”

“Mr. Lang. Mr. Lang.”

“Thank you. Will the Sponsor yield?"

“The Sponsor yields."

“I’m concerned about the fact that this might be considered special legislation. Do you have a response to the… to the concern that a piece of legislation that just deals with one entity may be unconstitutional?”

“Well, nevertheless, the Constitution prohibits legislation that it applies to just one entity or one group. I understand you’re trying to correct an inequity. I don’t think I have a problem with what you’re trying to do, I’m just concerned about the constitutionality. Have you had anybody take a look at that issue?”

“Is your chief of staff an attorney?” 09300039.doc 63  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“I knew that, I was just asking. Well, I’m gonna vote for it. But I… I do think you should, if this Bill gets to the Senate, give some consideration to some way to redraft it so you don’t have a constitutional problem later. But I’ll support your Amendment, Sir.”

“Mr. Steve Davis.” Davis, S.: “Thank you, Speaker. Will the Sponsor yield?"

“The Sponsor yields." Davis, S.: “Yes, Representative, I’ve just got a couple of questions because a red flag goes up when I see transfer of funds like this. Do you know the insurance reserve fund… is that a fund that is a taxable fund, such as a tort liability fund, and that the residents are being taxed for that fund only?”

Speaker Madigan: “The question is the adoption of the Amendment. Those in favor say ‘aye’; those opposed say ‘no’. The ‘ayes’ have it. The Amendment is adopted. Are there any further Amendments?”

“Third Reading. Mr. Hannig in the Chair.”

“Representative Hamos, are you ready on House Bill 3695? Mr. Clerk, would you call the Bill?”

“Representative Hamos.”

“Thank you, Speaker, Ladies and Gentlemen. This is a very small technical Amendment that was brought to me by the health care association as well as the Illinois Department of Public Aid. I agreed to put it on. We will 09300039.doc 67  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 get to the substance of the Bill on Third Reading. I ask for its adoption.”

Speaker Hannig: “The question is, ‘Shall the Amendment be adopted.’ All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Lang, are you ready on House Bill 40? Mr. Clerk, would you read the Bill?”

“Representative Lang.”

“Thank you, Mr. Speaker, and Ladies and Gentlemen. This is a Bill I’ve been working on for some time and it stems from a period of time in the early nineties when a constitutional officer of this state chose to try to settle a debt of $40 million owed to the taxpayers of the State of Illinois for $10 million. Now, we don’t want to go back in time and deal with that, but it did point up that we have a hole in our statutes. We should not be allowing constitutional officers to forgive debt. House Bill 40 deals with this issue and creates a mechanism for dealing with it in the future. I’d ask for your support.”

“The Gentleman has moved for passage of House Bill 40. And on that question, Representative Hartke.”

“Will the Sponsor yield?"

“The Sponsor will yield." 09300039.doc 68  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Representative Lang, I think I heard your comment by saying that this piece of legislation… legislation has a solution to that problem and deals with that issue. But you didn’t say how you’re going to deal with that issue. Could you spell out some details?”

“This authorizes the attorney general to investigate and take appropriate action, unless the attorney general determines the loan to be uncollectible. It also requires that any state agency or constitutional officer that has some debt they wish to settle with the State of Illinois, clear it with the attorney general first.”

“So, this adds the attorney general’s authority into, approve or disapprove of the… the debt reduction?”

“That’s correct.”

“What of the Department of Revenue?”

“Well, these… this deals with loans that the State of Illinois signs off on, where… where these are loans that are over $50 thousand. And this deals simply with a situation where… if you’ll go back to the early nineties, Representative, where we had a situation where one of our constitutional officers wanted to cut a debt from 40 million to 10 million, it would’ve been nice to make sure that someone was looking over that constitutional officer’s shoulder and to make sure it was a good deal for the State of Illinois. The attorney general, being the highest ranking law enforcement officer in the state, seemed to be the place to put the authority to approve or disapprove these settlements or these negotiations.” 09300039.doc 69  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Well, I appreciate what you’re trying to do but I… don’t you also think that… that maybe the Department of Revenue would also look at this to whether it was a sound loan to start with?”

“I don’t believe that the Department of Revenue signs off on these loans in advance. And you… as you probably know, House Bill 89 will be coming soon that vests in the Department of Revenue substantial powers in terms of collecting debt. But this isn’t necessarily about the collection of the debt, which will go to the Department of Revenue if we are passing House Bill 89. This talks about whether debt can be negotiated, reduced, or eliminated. And this says that strictly in state loans of over $50 thousand, the attorney general would have to sign off before any of that debt could be reduced.”

“Could you give us an indication of how many of these bad loans are… are being made? I know this is a high profile one but we also had one, I do believe, in Collinsville at a… a motel. We also had one at Eagle Creek, in… in Shelby County, that seemed to go sour on us. What do you… how do you determine the $50 thousand, that seems like an awful small amount. Has the treasurer made a habit of this type of loans?”

“I don’t… I don’t think I have an answer to the question of how many of these there are, nor do I want to discuss the treasurer’s activities, relative to loans in the past. I would just simply say that what was attempted to be done with these loans in the early nineties left us all with a 09300039.doc 70  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 bad taste in our mouths. We can’t go reduce our mortgages by 75 percent merely by asking for it. And this Bill just attempts to put some hoops to be jumped through into the process.”

“Well, don’t you think that maybe in… in this huge loan, that maybe the contract for the loan was somewhat ambiguous as it was written to start with? Maybe the attorney general should be involved in these huge loans, say, over 5 million or 10 million dollars before we put ourselves into this situation. It’s my understanding, as long as… in this situation where the… the individual who received the loan did not declare a profit, he was not required to… to pay on the principal or the interest, is that correct?”

“I’m not sure I heard your whole question, Representative. I’m… I’m sorry. Can you try it again?”

“Well, it’s my understanding, the loan you’re talking about, Mr. Lang, was sort of a sweetheart loan. The… the verbiage in the contract of the loan said that… that if this… this entity did not make a profit within a certain amount of time or on an annual br… basis, they were exempt from paying any interest or principal on the loan. And so, under the circumstances, no matter how much money was taken in, they never seemed to make a profit. So they really were not required by law to… to pay the interest or the principal.”

“Well, that is absolutely correct. And one thing this Bill does is require that all people who would benefit from 09300039.doc 71  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 these loans be disclosed. In other words, there couldn’t just simply be a trust, we would have to know who those people were. And in addition, there would have to be personal guarantees. So, as you know, today some corporation can borrow money and if the corporation doesn’t pay then ya… if the corporation doesn’t have any money there’s very little that you can do to collect it. Under this Bill, there would have to be personal guarantees signed by those who are the principals of the corporations trying to get these loans so that we could go after the… the principals if the corporation can’t afford to pay.”

“Does your… your Bill require that the attorney general, before we get ourselves into this situation, review some of those contracts and loans? What I… I guess that point I’m getting at is, you know, this is all water over the dam. It’s done, it’s finished. Well, maybe, maybe not. But at least if we don’t prevent this type of sweetheart loan and deal from… from happening in the future, there’s no sense in crying about it afterwards. Oh, well, we… we should’ve done this. Maybe… and that’s why I’m asking. Does your piece of legislation require the attorney general to look into the contract so that everything is on the up and up before we sign that contract, before they have an opportunity to, you know, go belly-up and default on the loan?”

“Well, no, I don’t believe it does, per se, Representative. However, I… I don’t think we want to put the burden on every state agency to have to refer every 09300039.doc 72  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 contract of 50 thousand or more to the attorney general before the signing of the contract. I do think the attorney general’s available to review contracts at the request of state agencies, but I still think that we have to rely on the state agencies, the attorneys for the state agencies, and… and other appropriate persons to let the business of State Government operate. But if we require disclosure of the names of principals and if we require personal guarantees, I think we’ll be seeing these contracts get cleaned up pretty quickly.”

“Well, I… I think that’s very important and that’s a good part of this Bill. And I’m gonna support the Bill but I do believe that… that maybe we ought to require, at some point in time in some legislation, that contracts over $1 million or $5 million, pick a number, that the attorney general should… should look and review these contracts.”

“Thank you. We’ll look into that.”

“Thank you.”

“The Gentleman from Vermilion, Representative Black.”

“He indicates he’ll yield.”

“No.”

“That’s correct.”

“The… one of these Amendments was drafted by DCEO to cover those circumstances.”

“Actually, I think it’s still a good idea but I deleted it from the Bill to make sure that we could move this along.”

“There’s no reason to have it if you can’t spend it…”

“…Mr. Black.”

“That’s correct. And I think a really important provision of the Bill, which I’m sure you would support, is the provision that requires personal guarantees. We see all the time corporations borrow money and without a personal guarantee there’s no way to collect it if the corporation can’t afford to pay. So, if the principals of the corporation are forced to sign personal guarantees, it’s much easier to get the money back.”

“Myself, personally?”

“Well, if you’ll make that part of a Bill that you would introduce, I’ll be glad to consider it.”

“Thank you.”

“The question is, ‘Shall House Bill 40 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’, and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mautino, for what reason do you rise?”

“Yes, just for the… for the Members of the House, we have a young man paging for us today who went down and got a couple of salads and a soda and was wondering who ordered that. Right there. That’s all. That’s our public service announcement for today. Thank you very much.”

Speaker Hannig: “Okay, Representative, thank you. Representative Joyce. Excuse me, Representative Soto. For what reason do you rise?”

"I rise… I didn’t vote on the last Bill, HB 40. And I’d like to be recorded as ‘ye… a ‘yes’ vote. Thank you.”

“The… the Journal will so reflect, okay. And Representative Joyce, are you prepared on 3082? Mr. Clerk, would you read the Bill?” 09300039.doc 76  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Representative Joyce.”

“Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 3082 amends the prevailing wage provisions. It includes con… state contracts when the Illinois Labor Relations Board decides the prevailing wage. It also adds buildings and ground services, site technicians, and natural… for natural resources. I’d be happy to answer any questions.”

“The Gentleman has moved for passage of House Bill 3082. And on that question, Representative Black, the Gentleman from Vermilion, is recognized.”

“He indicates he’ll yield.”

“Representative Black, I believe… would those fall under… under the… those contracts fall under… those vendors be required under… to fall under the Illinois Procurement Code?”

“Well, there… you know, there’s two principals that… to the… to the Bill. The first is to remove the prohibition in considering state contracts for prevailing wage… purposes. Because right now the Illinois Labor Relations Board cannot consider what state contracts are, so they just take into… in the determination of the prevailing wage, they take into consideration only the amount of money being paid by the McDonalds’ or the Wendy’s or whatever the minimum wage may be out there and it does not take into consideration any of those contracts that are collectively bargained. And the second provision does extend… expand prevailing wage provisions to include those outside services and site connection… technicians that you were talking about. But I don’t know if that effect… and according to the, you know… there was a fiscal note filed on this and they say it’ll cost the state nothing. So I don’t know if the effect that you’re referring to, I would defer to you and your experience and knowledge of this.”

“It… all’s we’re asking to do is to include these contracts, along with all the other contracts that are included in the formula, to put it into the formula so it is calculated, also. Because, you know a food su… a food service technician in the penitentiary… the state penitentiary is a much more different job than someone who is serving behind a McDonalds on Michigan Avenue, so to speak.”

“That’s correct.”

“That’s correct.”

“I don’t believe it does. But you know what, Representative Black? I’d like to find out the answer to those questions, they’re good points. And if… if it pleases the Chair, I’d like to pull it out of the record until tomorrow to find this out.”

“Okay. This Bill is out of the record at the request of the Sponsor. Representative Jakobsson, are you ready to move House Bill 344 from Second to Third? Mr. Clerk, would you read the Bill?”

“Third Reading. Representative McGuire, are you ready to move House Bill 3398? Mr. Clerk, would you read the Bill?”

“Representative McGuire.”

“I’d like to hold that Bill temporarily.”

“The… the Amendment…”

“Take it out of the record.”

“Okay.”

“Would you take it out of the record, please?”

“Sure. Out of the record at the request of the Sponsor. Representative Miller on House Bill 3543. Ready to call that Bill on Third? Mr. Clerk, read the Bill.”

“Representative Miller.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3543 increases from 10 thousand to 25 thousand threshold, to which construction or acquisition of transportation facilities, a Metroptrol… Metropolitan Transit Authority can take place without notice. I ask for a favorable… favorable vote.” 09300039.doc 82  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“The Gentleman has moved for passage of House Bill 3543. Is there any discussion? There being none, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 93 voting ‘yes’ and 23 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Novak. Representative Novak on House Bill 360. Out of the record. Representative Osterman on House Bill 2526. Do you want us to call that Bill? Out of the record. Representative Steve Davis, would you like us to call House Bill 3562? Out of the record at the request of the Sponsor. Representative Delgado on House Bill 3073. Mr. Clerk, read the Bill.”

Speaker Hannig: “The Gentleman from Cook, Representative Delgado.”

“Thank you, Mr. Speaker and Members of the House. House Bill 3073 amends the School Code to adjust certain provisions regarding transitional bilingual teacher certification. Persons eligible for employment in transitional bilingual education must hold a valid teaching certificate as prescribed by SBE or meeting the requirements of the section. The Certification Board will issue certificates. The certificates shall be issued… 09300039.doc 83  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 issuable only during the five years immediately following the effective date of this Act and therefore… and thereafter, for additional periods of one year upon ISBE’s determination that a school district lacks the number of teachers necessary to comply with the mandatory requirements for the issuance. Basically, what this law will do… we’re… we need to extend the amount of time a person has their certificate as a bilingual ed, teacher without having their teaching certificate. Until they get their teaching certificate they should not lose that position as a bilingual ed teacher only because their teacher certificate is pending. Obviously, with the teacher shortage and knowing that the teacher’s already in a classroom, teaching one language or the other, all they need then is to wait on their certification as a teacher. And I would ask for your ‘aye’ vote.”

“The Gentleman has moved for passage of House Bill 3073. Is there any discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Lyons, are you prepared on House Bill 44? Representative Joe Lyons on House Bill 44. Do you want us to call that Bill? Mr. Clerk, read the Bill.” 09300039.doc 84  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

Speaker Hannig: “The Gentleman from Cook, Representative Lyons.” Lyons, J.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 44 amends the Illinois Vehicle Code, provides that any person who rents a motor vehicle to another must advertise, quote, and charge a rental rate that includes the entire amount including, rather than except, taxes and any mileage charge that the renter must pay. Just to give you a little background before the questions come, maybe I can nip some in the bud. This is a personal initiative that I’ve experienced, by the number of the Bill you can tell it was filed early in the Session. I lost my car last year, it was stolen in front of my house. I was told to go rent a car, that there was a certain rate that I would be paying. So, I went and rented a car, came back 35 days later thinking I was gonna be paying one amount, was charged another amount, quite a bit higher. My insurance company and the company that rented the car to me neglected to let me know there’d be additional charges in this thing. So, I presented this before the committee, before Representative Brosnahan’s Consumer Protection Committee and I, of course, had opposition at the table from the industry who said, ‘Well, Joe, can we work with ya on this. Will ya… will ya hold on to this thing on Second so we can at least talk.’ I said, of course, I want the problem addressed. I waited seven weeks and I was 09300039.doc 85  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 never contacted. I was never given the courtesy of a call on what we would like to do until last week when they gave me the original language in the existing law, which I felt was an insult. Now, I’m still willing to work with the industry on this to address my issue of taxes that are added on that would cripple the average person who doesn’t rent a car very often. And I’m willing to work with this issue in the Senate. I told everybody who was on that committee with a letter that I would be willing to work in the Senate, but I’m not gonna wait any longer for them to come up with an Amendment. So, I would ask for your favorable vote on this thing. It’s a good consumer protection issue. I’m willing to work with this thing in the Senate and would ask for your ‘aye’ vote. Be happy to answer any questions.”

“The Gentleman has moved for passage of House Bill 44. And on that question, the Gentleman from Cook, Representative Parke.”

“He indicates he’ll yield.”

“Representative Lyons to close.” Lyons, J.: “Appreciate an ‘aye’ vote.”

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 106 voting ‘yes’, 12 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Saviano, are you ready to move House Bill 2572 from Second to Third? Mr. Clerk, would you read the Bill.”

Speaker Hannig: “The Gentleman from Cook, Representative Saviano, on the Amendment.”

“And on the Amendment, Representative Hartke is recognized.”

“The Sponsor yield?"

“He indicates he’ll yield.”

“Representative Saviano, is this a big problem?”

“And you’re working with the comptroller on these issues?” 09300039.doc 88  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Thank you.”

Speaker Hannig: “The question is, ‘Shall the Amendment be adopted?’ All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Molaro, the Gentleman… is Representative Molaro available? You want… want us to call 1171 on Third Reading? Out of the record. Representative Franks on House Bill 3142, from Second to Third? Mr. Clerk, read the Bill.”

“Third Reading. Representative Fritchey on 2330. Would you like to adopt the Amendment? Mr. Clerk, read the Bill.”

Speaker Hannig: “The Gentleman from Cook, Representative Fritchey.”

“Thank you, Speaker. Floor Amendment 2 clarifies some questions that we had with the Bill and I think that 09300039.doc 89  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 we make a good Bill even better. I’d be happy to discuss the Bill in more detail on Third Reading. I request its adoption.”

“The Gentleman has moved for the adoption of the Amendment. Is there any discussion? Then, all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

Speaker Hannig: “Third Reading. Representative Hoffman on 3635. Would you like to adopt the Amendments and move the Bill? 3635. Mr. Clerk, read the Bill.”

“Representative Hoffman.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is the… is IDOT’s land conveyance Bill that is done every year. Amendment #1 simply adds certain property to the yearly land conveyance Bill, which it… which it in… include an easement for highway purposes in Grundy County, authorization to proclaim a parcel land in Winnebago County, one in Champaign County, two of them in Sangamon County, the one in Adams County, and one in St. Clair County.” 09300039.doc 90  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“On the Amendment, is there any discussion? All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Representative Hoffman.”

“Yes, Floor Amendment #2 is an initiative of Representative Jerry Mitchell, was contained in House Bill 2223. And what it does is it conveys a parcel of land for a veterans war memorial in his district.”

“The Gentleman has moved for the adoption of the Amendment. And on that question, Representative Black is recognized.”

“He indicates he’ll yield.”

“I think it’s point… .6… .656. Yeah, maybe you need bigger print.”

Speaker Hannig: “And Representative Mitchell, on the Amendment.” Mitchell, J.: “Thank… thank you, Mr. Speaker. Six hundred and… and fifty acres would not be too much to give for a veterans memorial, although my former student, Bill Black, never did do well with decimals. He had a lot of trouble with math and that’s why he’s such a great orator and not in the science field. However, that’s another story. Ladies and Gentlemen, this is something that the… the City of Dixon, with the association of IDOT, has planned. It’s a memorial to the veterans and I certainly appreciate IDOT going the extra mile of doing the surveying and putting it on that… on the Bill. I appreciate Representative Hoffman allowing this Amendment to go on there. Thank you, Mr. Speaker.”

“On the Amendment, all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Amendment is adopted. Any further Amendments?”

“Third Reading. And Representative Hoffman, how about House Bill 3511, from Second to Third? Okay. Out of the record at the request of the Sponsor. Representative Connie Howard on House Bill 2386. Representative Howard, would you like us to call that Bill? Mr. Clerk, read the Bill.” 09300039.doc 92  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“The Lady from Cook, Representative Howard.”

“Yes, thank you, Mr. Speaker. House Bill 2386 requires that the Department of Public Health fund an HIV/AIDS community service program that would be targeted to the African-American communities in our state. Unfortunately, and I’m sorry I always have to report this, HIV/AIDS is a severe public health threat that’s especially troublesome for the African-American community. And to give you examples of why I say this, while African Americans make up only 12 percent of the U.S. population, they account for of 50 percent of new HIV/AIDS cases reported in this country. African Americans have accounted for 35 percent of HIV/AIDS cases since the epidemic began, and it goes on and on. It’s the leading cause of death for African-American men, ages 35 through 44. And the… in… in 2002, the rate among African Americans was nearly 10 times the rate reported among whites. I think that somehow we’re not getting the message out correctly to the people that I represent in communities across this state. And I would like the state to, therefore, focus on a program, in a pilot form, that would have as its objective trying to minimize the incidence of AIDS. I’d le… like my colleagues to support this effort.”

“The Lady has moved for passage of House Bill 2386. Is there any discussion? The Gentleman from Vermilion, Representative Black.” 09300039.doc 93  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“She indicates she’ll yield.”

“That is correct.”

“Okay. The question is, ‘Shall House Bill 2386 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’, 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Black, for what reason do you rise?”

“Yes.”

Speaker Hannig: “I noticed that, thank you, Representative Black.”

“Thank you, Represent…”

Speaker Hannig: “Thank you, Representative. Representative Daniels on House Bill 75. Mr. Clerk, would you read the Bill, please?”

Speaker Hannig: “The Gentleman from DuPage, Representative Daniels.”

“The Gentleman has moved for passage of House Bill 75. Is there any discussion? There being none, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 118 voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Joyce on House Bill 2971. Would you like to adopt the Amendment? Mr. Clerk, read the Bill.”

Speaker Hannig: “The Gentleman from Cook, Representative Joyce.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment #1 to House Bill 2971 simply cleans up language, instead of making it a mandate it makes it a goal for veterans and set-asides. I’d appreciate its adoption.”

“The Gentleman has moved for the adoption of Amendment #1. Is there any discussion? Then, there being 09300039.doc 96  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 none, all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative McKeon on House Bill 2203. Would you like us to read the Bill? Mr. Clerk, read the Bill.”

Speaker Hannig: “The Gentleman from Cook, Representative McKeon.”

"Thank you, Mr. Speaker. House Bill 2203 clarifies a inconsistency between State Law and the Juvenile Court Act and Federal Law. Each year there’s about 20, no more than 30, children of undocumented parents who are either unavailable, have abandoned their child, cannot be located. These are neglected and abused children and Federal Law requires that they be placed under the supervision of the… the state’s juvenile court until the age of 18, at which time the… an action can be taken to return them to their country of origin, if their parents or adopted parent cannot be located. I’ll gladly answer any questions that the Members might have.”

“The Gentleman moves for passage of House Bill 2203. And on that question, Representative Parke.”

“He indicates he’ll yield.” 09300039.doc 97  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

"No.”

"I have no knowledge of them being opposed to the Bill.”

"I have no knowledge of them being opposed to the Bill, Representative Parke.”

"I’m sorry.”

"I’m… I’m not aware of their concern. I… I do know that this would allow the juvenile court to handle them under their existing provisions for abandoned or neglected children, which is required by the way, by… by Federal Law. Makes them a ward of the court until the age of majority.”

"Right.”

"Let me take a look here. This came from the Cook County Juvenile Court. And according to my record, there… 09300039.doc 98  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 there are no opponents. But that’s… my record may not be correct.”

"It came… from my understanding, it came from the Cook County Juvenile Court.”

"Right.”

"They didn’t come to me personally, but the origin was there.”

“Is there any further discussion? There being none, then, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Black, okay. Mr. Clerk, take the record. On this question, there are 118 voting ‘yes’, 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 2268.”

“Representative Delgado.” 09300039.doc 99  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Thank you, Mr. Speaker and Members of the House. House Bill 2268 creates the Health Care Act. We ran this Bill in committee and, basically, what this Bill will do, will create the Health Care Justice Act. The Bill makes several findings regarding crisis in health care in Illinois and declares that the state’s policy is to insure that all residents have access to quality health care at costs that are affordable. The Bill will require the state to develop a plan that will provide uniform benefits for all residents through a cost-effective system, implemented by January 1, 2007. It will create a Bipartisan Commission to conduct hearings, develop the plan, and deliver it to the Legislature by February 1, 2006. At that time, we will be looking at finding creative and inexpensive ways to provide insurance to those who need it. And I would welcome any questions.”

“The Gentleman has moved for passage of 2268. Is there any discussion? The Gentleman from Vermilion, Representative Black.”

Speaker Hannig: “The Gentleman from Cook, Representative Parke.”

“To the Bill.”

“And it will be granted. So, we’ve had one speak in favor, two speak in response. Representative Hartke’s recognized.”

“Thank you very much, Mr. Speaker. You know, this… this piece of legislation or a type of it has been around for… for many, many years. I know that the previous speakers have… have been here as we’ve tried to establish a universal health care plan for the State of Illinois. Many of us have been around here a long time and we realize that 09300039.doc 105  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 we keep putting things off. We can’t afford it, we can’t do this, we can’t do that. This… this piece of legislation, in my opinion, sets out a parameter, some of the things we must do, we should look at. And… and although I know the Bill says, ‘shall be implemented’, I think the year 2007 is about four years away, that’s a long, long time. That’s a long time. And until we sit down and actually sit down and… and consciously discuss on some possible avenues to accomplish these goals, we’re never gonna do it. You know, there’s been all kinds of proposals by various groups, we should do this or we should do that. This would be a… a bipartisan group that would sit down and take a good hard look at it. Now maybe, just maybe, we won’t be able to accomplish this. Maybe health care is totally out of control where none of us will be able to afford health care in the future. This proposal says that we should look toward an affordable approach to that problem. I stand in support of the Bill. You know, I know we’re in tough economic hard times now, but I’m not sure that this study is gonna cost that much in the short- term. Long-term, I don’t know what kind of answers this commission will come up with. But I think we owe it to the people of stil… of Illinois to start to take a look at this issue. So therefore, I stand in support of the Gentleman’s Bill.”

“Representative Delgado to close.”

“Thank you, Mr. Speaker. As the previous speakers have mentioned… I appreciate the speaker on my side of the 09300039.doc 106  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 aisle clearing up a little bit of things here. How can we put a price tag on something we don’t know about yet? Fifty billion dollars? Well, I guess that number was hanging around the rail, because we ran this Bill last year and IDPA said it was gonna be like $100 billion, no fiscal note. This particular Bill was changed this year so it could create a bipartisan commission to start laying the foundation and the ideas over a four-year period of time. The estimated cost is about $3 million, as I’ve lobbying you here on this floor. The 50 billion is, really, pie in the sky. Where… where did that number come from? That must be what we’re spending on health care systems now. And by the way, Governor Ryan had an assembly on health care to discuss and many of you were involved on that side of the aisle and on this side of the aisle to develop an assembly on health care so that we could go from KidCare to FamilyCare that was federally funded. And now this is a continuation of that work, in conjunction with what the prior Governor was doing, in addition to what we’ve been doing, and now in conjunction with what other people are bringing together. I share the fiscal need… or… or my… my nervousness about fiscal. But at the same time, we must be incremental and lay a policy. This doesn’t tell ya that we gotta do it, but it lays those parameters. And so, please… that $50 billion… look in the Calendar. I didn’t have to answer the fiscal note, my fiscal note was filed. We didn’t have these problems. IDPA said it in committee, we did not know how much this would cost. Well, that’s if you 09300039.doc 107  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 provide health care for every individual in the State of Illinois. This Bill doesn’t do that. Please look at it well. It provides parameters to do the intellectual thing. As Legislators we have to create the committees. We have to have the… the diversity and the cross-section of our state to set down and develop a plan that we can make plausible and palatable to our Governor to find out a way to provide health care to needy children, to provide a way that once those children receive adequate health care, then they’re gonna become a better student. And that better student is gonna be on and become a productive citizen that’s gonna help those businesses become even more viable in the State of Illinois. This is a commission. And it’s not 26 to 4. I would never support a bipartisan commission that would give us 26 Members and the other side of the aisle 4. I would fight diligently with you to make sure that we truly have a cross-section of people. And that is my word, and my word is the only thing I have down here rather than the… the love and the blessings of my wife and children. So, this is about let’s looking past our nose to be able to develop a plan in this millennium. Are we that bold or do we want to continue a knee-jerk operation and hide behind the fact that there isn’t any money in this budget now? Well, that’s why I moved forward and said this money will be realized in 2007, four years from now. Well, I live in Illinois and I’m an optimist. I believe in our great state. And I believe that employers will say, I want to put in a dollar because I want my employee at work. I 09300039.doc 108  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 want my employee to be productive, and I want my employee to be healthy. So we, as government must lay this foundation. This isn’t a government-run program. I’m the biggest capitalist on this side of the Mississippi, for heaven’s sakes. We need to bring opportunity to make sure that the children I once counseled at DCFS, when I tried to find services as I drove around many of your districts trying to find a doctor that could provide a pro bono, free health care for this child. We had to be able to find ways to help that mother who we said we need to get you back from welfare to work. You want her to go to work, well, let’s make sure she has health care. ‘Cause right now we just put their children on the street because there aren’t daycare dollars. So, what this Bill does is bring consciousness back to the State Legislature and say, what is that plan to bring health care to our Illinois taxpayers, the same people that sent us here? What is that plan. Well, I bring you a plan, and that’s House Bill 2268. And I would ask for your ‘aye’ vote.”

“The Gentleman has moved for passage of House Bill 2268. The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. And the voting is open. There’s been a request for a verification, so please, vote your own switch only. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 62 voting ‘aye’, and 45 voting ‘no’. Representative Parke has requested a verification, so could the staff retire to the 09300039.doc 109  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 rear of the chamber and could the Members please be in their seats. And Mr. Clerk, would you read the… the names of those voting in the affirmative.”

“Before I start, Representative Turner, for what reason do you rise?”

“Mr. Speaker, can I get leave to be verified?”

Speaker Hannig: “The Gentleman has allowed Representative Turner to be verified. Representative Parke.”

“The Gentleman’s in his seat.”

“It’s okay. Any further?”

“Representative Steve Davis. Is the Gentleman in the chamber? The Gentleman is not in the chamber. Would you remove him. Representative Lang, for what reason 09300039.doc 110  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 do you rise? Can Representative Lang be verified? Okay. Representative Lang is verified. Representative Parke.”

“Representative Jefferson. Is the Gentleman in the chambers? The Gentleman is not in the chambers. Would you remove him, Mr. Clerk.”

“Representative Fritchey is in the rear of the chamber.”

“On this question, there are 60 voting ‘yes’, 45 voting ‘no’, and 11 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Hultgren, are you prepared on House Bill 1755? Mr. Clerk, would you read the Bill.”

“Representative Hultgren.”

“On the Amendment, is there any discussion? Then the question is, ‘Shall the Amendment be adopted?’ All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Colvin, would you like us to read 3530? Mr. Clerk, would you read the Bill.”

Speaker Hannig: “The Gentleman from Cook, Representative Colvin.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. 3530 is the Bill offered from the Public Building… Public Building Commission which simply allowed a raise to the building threshold… the bidding threshold, excuse me, from 5 thousand to 25 thousand. It hasn’t been raised since the 84th General Assembly which is approximately 20 years. And I request an ‘aye’ vote, please.”

“The Gentleman has moved for passage of House Bill 3530. Is there any discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor 09300039.doc 112  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Mr. Clerk, take the record. On this question, there are 90 voting ‘yes’, and 21 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mary Flowers, would you like us to call 486? Okay. Out of the record. Representative… Representative Mathias on House Bill 1604. Representative, 1604? Mr. Clerk, read the Bill.”

Speaker Hannig: “The Gentleman from Lake, Rep… Lake, Representative Mathias.”

“The Gentleman has moved for passage of House Bill 1604. And on that question, Representative Franks.”

“Thank you, Mr. Speaker. Will the Sponsor yield?”

“Indicates he’ll yield.”

“Representative Mathias, I appreciate you bringing this Bill forward. Is this the same Bill we had passed, I believe, unanimously in the 92nd General Assembly?”

“So, we’re protecting more people…”

“…in this one. Well, to the Bill. I appreciate you bringing this forward. I think it’s a very important Bill. I think that Governor Ryan was incorrect when he vetoed this Bill that had passed both chambers unanimously. And I’d encourage an ‘aye’ vote and we should… this law already should have been on the books. So, we can rectify that now. Thank you.”

Speaker Hannig: “The Gentleman from Cook, Representative Fritchey.”

“Thank you, Speaker. Will the Sponsor yield?”

“He indicates he’ll yield.”

“Representative, I’ve got the analysis here, but not… I don’t have the Bill up right now. So, this extends it to coaches?”

“And how is a ‘coach’ defined?”

“So, an assistant coach, a substitute coach if the coach has a cold and another father is filling in for him because that someone is acting as a coach, but isn’t officially ranked… recognized by the sanctioning body. And I know what you’re trying to do. I don’t know where we… we wanna protect referees, we wanna protect coaches. Do we 09300039.doc 114  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 protect the coach’s assistant? Do we protect the dad who is a volunteer helper for the coaches who’s acting as a coach, but isn’t technically the coach?”

“Okay. And I’m really not trying to make light of this, but given what you’re trying to go after here, why is the head coach entitled to more protection than the third base coach?”

“I mean, I’m sure nobody’s going to vote against this and understandably so, but I don’t know if trying to do this by virtue of the role that somebody has at the event is really the right way to go after this problem. Yeah. We can envision a situation this summer where, yeah, we have another ugly event that happens in front of our kids, but they don’t beat up the coach, as I said, you know, they beat up the dad who was helping the coach, who was, ya know, acting as a third base coach, who was just acting as a volunteer helper. You know, maybe the way for us to go about this is to criminalize the activity that happens at 09300039.doc 115  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 the event, if it happens in conjunction with or at the location of a sporting event. So, whether it’s… you know, to me it’s no less egregious if we have one dad go after another dad in the stands at a little league game than for the dad to go after the coach. The problem here is we’ve got a criminal activity that’s taking place. We have a criminal activity that’s taking place in front of kids who are in sports because we’re trying to set a role model for them and examples for them and they’re seeing examples but they’re sure as hell not the ones we want them to see. And… Here, I guess, ya know, we can come back and maybe it’s a Bill for next year that we say that we know we criminalize the activity, but I would ask you, obviously, you care about this. You cared about it enough to bring it this far. Maybe think about it over in the Senate to really put a whole different spin on this and say what we’re trying to do is go after this activity in this circumstance and maybe the way to do that is let’s penalize it for where it happens not who happens to be the victim of it. Thank you.”

Speaker Hannig: “Representative… Excuse me, Representative Joyce. Representative Molaro.”

“Thank you, Mr. Speaker. Would the Sponsor yield for a question?”

“He indicates he’ll yield.”

“Thank you. I was… Representative Mathias, I was reading the Bill and it seemed to just talk about fines. So, in other words, I guess this comes under battery 09300039.doc 116  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 whereby if the victim happens to be a coach or sports authority thing or whatever, however you define the coach or as the other Representative was talking about. Apparently, then, what you do is you say the judge, in addition to everything else, must impose a thousand dollar fine for the first offense and two thousand dollar fine for the second offense. Is that correct?”

“Okay. Well, I don’t know… I guess this is a form of a question or maybe it’s just a statement. So you can listen to this then see if you wanna respond. I’ve always had problems in the ten, eleven years I’ve been down here when we looked to penalties and when we talk about penalties whether they’re added penalties or the original penalties and they’re strictly monetary. I find that very difficult for me to deal with and I voted ‘no’ alls my entire career and the reason is and maybe there’s no way around it, is that if you have two people and they commit the same offense… so let’s say there’s two people who beat up on a coach or whatever they do to this coach. Okay. And they’re in their 20s or 30s. One happens to be someone who makes $200 thousand a year and the other one happens to be someone who makes 30 thousand a year. So, a person writing a thousand dollar check, he just writes the check. The other one can’t write the check. He would have to have time to pay. It would affect his family. I always thought that when we put fines as the only way, we should put a thousand dollars or 20 hours of community service, a 09300039.doc 117  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 thousand dollars or 40 hours of community service. Because if you have money, I’d rather give a thousand any day of the week than have to go paint walls in a latrine for 40 hours. But if there’s no other way, I don’t want to hurt a family because the son or the father or maybe even a daughter or a mother if they get carried away, then it hurts the family. There should always be a way that if it’s not fined, you can do community service. Yes, put teeth, but I think if you’re gonna put teeth, you should always have an option for, you know, community service. So, I would like to know your thoughts on that as it goes to the Senate, if the Senate… a Senator would think maybe we should add that, would you consider that if it ever came back?”

“Okay. There being no further discussion, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Nekritz, would you like to move a Bill, 2187 from Second to Third? Okay. Out of the record. Representative Winters, on House Bill 230, would you like us to call that Bill? Mr. Clerk, read the Bill.” 09300039.doc 118  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Representative Winters.”

“The Gentleman has moved for passage of House Bill 230. Is there any discussion? Then there being none, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Rose on 3387. Would you like to adopt the Amendment? Mr. Clerk, read the Bill.”

“Representative Rose.”

“On the Amendment, is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Novak, would you like to adopt the Amendment on House Bill 1489? Mr. Clerk, read the Bill.”

“Representative… The Gentleman from Kankakee, Representative Novak will handle the Amendment. Representative Novak.”

“Yes. Thank you, Mr. Speaker. Floor Amendment #3, offered by Representative Molaro, it is an initiative of 09300039.doc 120  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 Maria Pappas, the Treasurer of Cook County. It amends the Property Tax Code to make ineligible for bidding or for receiving a certificate of purchase at a scavenger sale anyone that twice during the same time or the immediately preceding scavenger sale under Section 21-260. According to the Cook County Treasurer’s Office, House Floor Amendment #3 is an agreed Amendment between the Treasurer’s Office and the various bar associations. I know of no opposition to this Amendment. Move for its…”

“The Gentleman has moved for the adoption of the Amendment. And on that question, Representative Meyer.”

“He indicates he’ll yield.”

“No, it is not. This Amendment is not a fee increase.”

“Correct, not with this Amendment.”

“There is a fee in the underlying Bill.”

“Thank you.”

“All those in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

Speaker Hannig: “Third Reading. Representative O’Brien on House Bill 1281. Do you want us to move that to Third? No. Out of the record. Representative Rita on House Bill 710. Would you like to adopt the Amendment? Representative Rita.”

“I’d like to withdraw the Amendment.”

“Okay. Mr. Clerk, read the Bill, please.”

“The Gentleman from Cook, Representative Rita.”

“Yeah. Yes, I’d like to withdraw the Amendment.”

“Okay.”

“We’re still in negotiations…”

“Okay.”

“…talkin’ with the railroad.”

“Amendment #1 is withdrawn. Are there any further Amendments?”

“Now, Representative, would you wish to keep the Bill on Second or on Third?”

“Yeah.”

“On Third?”

“Third.”

“Okay. Third Reading. Representative Younge on House Bill 2607. Would you like to adopt the Amendment? Mr. Clerk, read the Bill.” 09300039.doc 122  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

Speaker Hannig: “The Lady from St. Clair, Representative Younge.”

“Did… did the Clerk say Floor Amendment #2?”

“On Floor Amendment #2, yes.”

“Yes. Floor Amendment #2 is an Amendment of the Department of Human Services. And it changes the Bill which is the state advocacy program for homeless, mentally ill, and disabled people. And it changes the request from a division of advocacy in the Department of Human Services to a staff position that would fulfill the functions of this Bill. Also, it would require the Illinois Housing Development Authority to put certain in its tenants’ selection plan to have a certain amount of units for the mentally ill and homeless. And I move for the adoption of the Amendment.”

“And on the Amendment, Representative Meyer.”

“She indicates she’ll yield.”

“Yes. This is the Amendment of the Department of Human Services and it removes all of the concerns.” 09300039.doc 123  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Yes.”

“All those in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Millner, would you like us to read House Bill 2229? Mr. Clerk, would you read that Bill.”

“Representative Millner…”

“…the Gentleman from Kane.”

“The Gentleman has moved for passage of House Bill 2229. Is there any discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all 09300039.doc 124  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Lou Jones, would you like to adopt the Amendment on House Bill 1091? Mr. Clerk, would you read the Bill.”

“Representative Lou Jones.”

“One minute, Mr. Speaker. Thank you, Mr. Speaker, Members of the House. Amendment #2 of House Bill 1091…”

“Representative, it’s Amendment #1.”

“Take it…”

“I think #1 and 2 have both been approved, but the question right now is… is Amendment #1. Do you wish it to be adopted or do you wish to withdraw it?”

“I don’t… I don’t have Amendment #1.”

“Why don’t you take the Bill out of the record. Get it… get it straightened out with the staff and then we’ll come right back to it. Okay, Representative? So, Representative Lang… Representative Lang, would you like us to call House Bill 2319? Mr. Clerk, would you read the Bill.”

“The Gentleman from Cook, Representative Lang.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. This is an initiative of the Illinois Hospital Association. Many times when indigent, mentally ill people are in hospitals, the hospital needs to take it upon themselves to have people committed and they file the paperwork and have been spending the money for the appropriate circuit clerk fees. In some counties there are no fees and some counties there are fees and in the counties that have fees, sometimes they’re uneven and sometimes they’re waived and we have a very uneven approach here. Suffice to say, this is costing hospitals a significant sum of money to have indigent, mentally ill people are committed where it’s appropriate. This Bill would do away with those fees. There’s been no opposition in committee. The circuit clerks have not been opposed. It’s a good Bill and I would recommend your support.”

“And on that question, the Gentleman from Will, Representative Meyer.”

“Representative, I’ve been trying to work off a priority list and some of those Bills are on Second and some of those Bills are on Third. And…” 09300039.doc 126  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Thank you, Representative. On House Bill 2319, is there any discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Franks on House Bill 237. Representative Franks, would you like to call House Bill 237? Mr. Clerk, read the Bill.”

“Representative Franks.”

“Thank you, Mr. Speaker. This Bill was a creation of my county treasurer, Bill LeFew, in McHenry County. And what he was trying to do was to… he’s been accepting early tax payments and he wants… and there was no provision though in the Code to allow for it. So, he wanted to amend the law to allow for early acceptance of tax payments. And I’ll be glad to answer any questions.”

“The Gentleman has moved for passage of House Bill 237. Is there any discussion? The Gentleman from Kankakee, Representative Novak.”

“Yes, Mr. Speaker. Will the Sponsor yield?” 09300039.doc 127  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“He indicates he’ll yield.”

“Mr. Franks, has the county treasurer’s position… has the county treasurer’s association taken a position on this Bill?”

“Yes. They’ve been… they’re against the Bill.”

“Why is that?”

“I think… When I talked to Mr. Foster, I… it was my impression that they didn’t… they were worried about the extra work. But this is not mandatory. This is permissive and…”

“Does this… does this… Do you give the county board authority to allow the treasurer to do this then? Is that it or what? Do they have to adopt an ordinance?”

“I think all it says is, this does not prohibit a county treasurer from excepting early tax payments.”

“But is there anything in the Bill, Mr. Franks, that authorizes the treasurer through some action of the county board? I mean, you know, if you’re gonna accept… I was a former county treasurer and a lot… some of my constituents would like… the ones that were financially off, better off, would like to do it towards the end of the year so they can bump up their tax deductions.”

“Absolutely.”

“You know.”

“It’s for tax planning purposes.”

“Correct. And unfortunately, we couldn’t do it at that time, as well, but if a county treasurer’s gonna do that, 09300039.doc 128  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 obviously, there’s gotta be some type of a… an administrative cost to them. Is there…”

“I asked about that and he says it doesn’t cost anything because it just… they use the same computer programs…”

“Uh huh.”

“…and then they just distribute it. He says there’s absolutely no cost. He just does it as a service.”

“Okay.”

“And there was… I got a letter and I’m sorry I don’t have my file, but I had a letter from my county treasurer as well as one other county treasurer encouraging this Bill.”

“Okay. One other question, when you collect the taxes for the previous year and you make your tax distributions to the taxing bodies let’s assume this becomes law and your treasurer collects maybe a hundred thousand dollars in early tax payments for the 2004 tax year. Would… would those early tax payments be included in the distribution for the 2003 tax year?”

“No, it’d be for the next year.”

“It would be put in escrow?”

“Right.”

“Is there any requirement that those early tax payments would be… would have to… would have to earn interest? You know, you’re lookin’ at it…”

“Yes. It does say here there will be interest. Because if you look at subsection (a).” 09300039.doc 129  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Okay.”

“It’d be col… ‘taxes collected and interest earned.’”

“Okay. Thank you.”

Speaker Hannig: “The Gentleman from Lake, Representative Sullivan.”

“To the Bill.”

“Representative Franks to briefly close.”

“Thank you, Mr. Speaker. And I appreciate the comments of the previous speaker, as well.”

Speaker Hannig: “Excuse me, Representative. Representative Black, did you wish to ask a question? Perhaps the Speaker didn’t see your light.”

“Yeah.”

“Why don’t you… why don’t you…”

“Why don’t you proceed…”

Speaker Hannig: “…and then we’ll let Representative Franks close.” 09300039.doc 130  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“We’re always a little late on the button…”

“…you and I, so thank you, Representative.”

“Sure, sure.”

“Okay.”

“You might want to do it early for tax purposes because if you’re… if you’re one who make… let’s say you’re gonna make a lot more money this year than next year.”

“That’s right.”

“But some people might have a second job or they might sell some property…”

“All right. We’ll talk afterwards. We’ll help you out. And it’s just a tax planning principle because the tax itself is already accrued, because the way we do it in this state is for 2002 taxes, at least in my county, you have to pay ‘em in June of 2003 and then also September for 09300039.doc 131  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 the second installment. So, we already have that obligation. What we’re trying to do is to allow people who may wish to tax plan and to save some money in the long run is to pay these taxes at the end of… let’s say December 31 and that way they can write it off on this year’s taxes. It’s just a tax planning tool.”

“Sure.”

“I mean, you could do it right now because there’s already a tax incurred.”

“Right.”

“Well, it depends on how you do it. I mean, you only can do that once. You know how… like if you pay… Let’s say you’re paying your mortgage and instead you do… instead of paying January’s payment on January 1, you make that payment December 28. You can write it off in this calendar 09300039.doc 132  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 year. Okay? Because it’s already been incurred. But you wouldn’t be able to do that again be… you…”

“You understand?”

“Because you always have 12 months in a year. You’re not gonna get that thirteen month… that thirteenth month.”

“No, no. It’s for stuff that’s incurred.”

“Representative Kurtz.”

“And now, Representative Franks to close.”

“I appreciate all the folks who stood up and spoke on this Bill. I think it’s a good tax planning tool and as Representative Kurtz also said, it could al… besides good business, it could also be good morals. So, I’d encourage everyone to vote ‘yes’.” 09300039.doc 133  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Hoffman, do you wish to vote? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’, 4 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 2784.”

“Representative Hoffman.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2784 is designed to address the Illinois Supreme Court’s holding in the Unzicker v. Kraft Foods case. In the case, the Supreme Court held that law… changed the law regarding… the longstanding law regarding joint and several liability and indicating that it was ambiguous. Essentially, what they indicated was that… they indicated that the Legislature by including the phrase, ‘third-party defendant who could’ve been sued by the plaintiff’ intended specifically… did not intend to specifically exclude the plaintiff’s employer. We all know under current law you cannot sue a plaintiff’s employer civilly simply because of the redresses under the Worker’s Compensation Act. I would ask for an ‘aye’ vote.” 09300039.doc 134  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“The Gentleman’s moved for passage of House Bill 2784. And on that question, the Gentleman from Vermilion, Representative Black.”

“Indicates he’ll yield.”

“Yes, the Supreme Court… your staff is correct. The Supreme Court held in the case of Unzicker v. Kraft Foods that the leg… that the joint and several liability statute in Illinois was ambiguous with regard to whether or not an employer could be included in determining the amount of fault with regard to joint and several liability. The term in the previous legislation was the phrase, ‘third-party defendant who could’ve been sued by the plaintiff.’ They indicated that an employer could’ve been sued, therefore they should be included when making a determination of the breakdown for the purposes of joint and several liability, when in fact everybody knows that as a practical matter you cannot sue a employer in… in court… in civil court because your redress if an individual’s injured… on the employer your redress is through the Industrial Commission and the Worker’s Compensation Act.” 09300039.doc 135  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“No, that isn’t correct. I believe in 1983… that was the case prior to 1983. In 1983 we passed the current law and the current Section 2-1117… 1117… 2-1117, that indicated if you’re under 25 percent liable… if you’re found to be under 25 percent liable then you only pay that percentage. So your scenario of an individual being 1 percent liable, you would only pay that 1 percent. This does not change that fact.”

“The reason… and I’m not as familiar with the fact pattern of the Unzicker case, I do know the practical result however. And the practical result has been that an employer has been able to be utilized and the fault of the employer has been able to be utilized when making a 09300039.doc 136  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 determination regarding joint and several liability. And we all know that under Illinois law, as a matter of fact, it would probably be malpractice or you could get an ARDC complaint, it would be in bad faith to… if you were a plaintiff’s… plaintiff’s attorney and you were to include an employer into an action in civil court.”

Speaker Hannig: “The Gentleman from DuPage, Representative Hultgren.”

“Representative Hoffman to close.”

“Thank you, Mr. Speaker. To the previous speaker’s points, let me just say that this Bill in no way changes what happened in 1986. This Bill still indicates that in order for you to be joint and severally liable you must be over 25… found to be over 25 percent liable. In the Unzicker case and the previous speakers made reference to the Unzicker opinion even in the dicta the Supreme Court indicated that they believed that the wording was ambiguous and they essentially invited the Legislature to re-look at this issue. Here we are, we’re saying that an employer for the purposes of determining joint and several liability essentially should not be… their fault should not be taken into account because you can’t sue them. Your only redress is under the Worker’s Compensation Act. We’re not changing the underlying legislation with regard to the percentage under which you have to… threshold you have to meet in order to be joint and severally liable. So I ask for an ‘aye’ vote.” 09300039.doc 140  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“The question is, ‘Shall House Bill 2784 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 70 voting ‘yes’, 47 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Kelly, for what reason do you rise?”

“Thank you, Mr. Speaker. On House Bill 1604, I’d like to be recorded as a ‘yes’.”

Speaker Hannig: “Okay. The Journal will reflect your intentions. Representative Lou Jones. Representative Lou Jones, do you wanna… Okay. Representative Hoffman, do you want us to move House Bill 3162 from Second to Third? Mr. Clerk, read the Bill.”

Speaker Hannig: “Third Reading. Representative Mautino on House Bill 3625. Would you like to move that to Third? Mr. Clerk, read the Bill.”

Speaker Hannig: “Do you want that out of the record, Representative? Representative Mautino.” 09300039.doc 141  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“That Bill was awaiting an Amendment. Was the Amendment on?”

“No. So, why don’t we hold this on Second Reading.”

“Put that on Second, please.”

“Okay. Out of the record. Representative McGuire. Representative McGuire, would you like us to move House Bill 3452 from Second to Third? Would you want us to read this Bill? Mr. Clerk, would you read the Bill.”

“Representative McGuire.”

“Thank you, Mr. Speaker. Did you say that was approved, the Amendment?”

“Yes. The…”

“Okay.”

“House Amendment #1.”

“Thanks very much. Glad to hear that. I’d like to move the Bill to Third.”

Speaker Hannig: “You need to adopt the Amendment. The Amendment was approved by the Rules Committee and now it’s on the floor to be adopted.”

“Okay. Let’s adopt the Amendment.”

“The Gentleman has moved for the adoption of Amendment #1. Is there any discussion? Then all in favor 09300039.doc 142  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 of the Amendment say ‘aye’… Excuse me, Representative Black, for what reason do you rise?”

“The Gentleman will yield.”

“The Amendment, Sir?”

“Subject to appropriation.”

“That’s all it says.”

“No, I’m sorry. That’s Amendment #2.”

“Amendment #1 inserted the term ‘information transaction line’. It means the telephone line that meets all the following criteria and then there’s a lot of criteria. And that was the… in an Amendment to satisfy CMS. Excuse me, DHS.”

“Yes. Amendment #2 is what I thought we were talking about.” 09300039.doc 143  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“I thought you said it was approved. I must be mistaken.”

“Amendment #1, Representative, was approved by the Rules Committee and…”

“Okay. Amen…”

“…and you wish that to be adopted at this time?”

“Yeah. Amendment #1 is… I’d like to adopt.”

“Okay. Is there any further discussion? Okay. All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Now, Representative, do wish to hold this on Second for a further Amendment? Okay. So, we’ll hold this Bill on Second Reading. Representative O’Brien, would you like to move House Bill 3218 from Second to Third? Mr. Clerk, read the Bill.”

“Third Reading. Representative Phelps on House Bill 1608. Out of the record. Representative Reitz on House Bill 2481. Representative Reitz. Okay. Let’s take that out of the record for a few minutes. Representative Mathias, would you like us to move House Bill 2839? 09300039.doc 144  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 Representative Mathias, would you like us to adopt the Amendment and move the Bill? Yes. Mr. Clerk, would you read the Bill.”

“Representative Mathias.”

“The Gentleman has moved for House Amendment… for the adoption of House Amendment #1. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

Speaker Hannig: “Third Reading. Representative Winters on House Bill 1533. Would you like to move that to Third? Okay. Out of the record at the request of the Sponsor. Representative Wyvetter Younge on House Bill 2605. Representative Younge, would you like to move that Bill to Third? Mr. Clerk, would you read the Bill.”

“Third Reading. Representative Reitz, would you like us to move House Bill 2481, Amendment #1? Yeah. Mr. Clerk, would you read that Bill.”

“Representative Reitz.”

“Thank you, Mr. Speaker. Floor Amendment #1 adds the Secretary of State’s Office to the underlying Bill that allows directors in the various departments to issue shields to personnel that are nonpolice in the line of their duty. And this would simply add the Secretary of State’s Office and allow them to let the security guards have shields or badges if he deems it necessary.”

“The Gentleman has moved for the adoption of Hou… Floor Amendment #1. Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Mr. Clerk, would you read House Bill 134.”

“Representative Lindner.”

“Okay. The… We’re looking at House Amendment #3. Mr. Clerk, could you give us the status of Amendment #2?”

“The Lady has moved for the adoption of the Amendment. Is there any discussion? There being none, then the question is, ‘Shall the Amendment be adopted?’ All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Slone, does the Lady wish to move House Bill 220? Representative Slone, you have an Amendment that’s out of the Rules Committee. You’ll need to adopt the Amendment. Mr. Clerk, would you read the Bill.”

“Representative Slone.” 09300039.doc 147  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Mr. Speaker, Ladies and Gentlemen. House Bill 220, the… Oh, are we doing Amendment 1 or Amendment 2, Mr. Speaker?”

“This is Amendment #2, Representative.”

“Well, we haven’t adopted Amendment #1 yet.”

“Repre… Mr. Clerk, what is the status of House Amendment #1?”

“Representative, why don’t you take it out of the record and…”

“Can we take this out…”

“…check with the staff…”

“…of the record then? Thank you.”

Speaker Hannig: “…and then we’ll get back to you. Representative Collins on House Bill 416. Representative Collins. Out of the record. There’s an Amendment to be adopted. So, Mr. Clerk, read the Bill.”

“Representative Collins on… on Amendment #5.”

“Yeah. There’s just a technical change in… we wanna adopt Amendment #5 and make it the Bill.”

“The Lady has moved for the adoption of House Amendment #5. Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have 09300039.doc 148  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Jones on House Bill 1091. Representative Hamos. Is the Lady in the chamber? Oh, there she is. Representative Hamos on House Bill 2202. Would you like to adopt the Amendment? Mr. Clerk, read the Bill.”

“Representative Hamos.”

“Thank you, Speaker, Ladies and Gentlemen. Floor Amendment #3 is… does become the Bill. And it’s the Bill that we described in committee with some detail. We had a very good committee hearing on what we hoped to do. We showed a copy of the website that this Bill would create, called the ‘Consumer Guide to Health Care,’ and the website would include quality data on certain procedures, hospital by hospital, so that consumers could become more involved in planning for their health needs and in fact, in making comparative judgments among hospitals. This really is the new trend in health… in health care. It’s to get consumers more involved. And I’m proud to say that this Bill is supported both by SEIU and the Chamber of Commerce. And I ask for your favorable support.” 09300039.doc 149  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“The Lady has moved for the adoption of the Amendment. Is there any discussion? Then the question is, ‘Shall the Amendment be adopted?’ All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Bellock, would you like us to move… would you like to adopt the Amendment on 2449? No, okay. Out of the record. Representative McAuliffe. Representative McAuliffe on House Bill 2573. Would you like to adopt the Amendment? Mr. Clerk, read the Bill.”

“Representative McAuliffe.”

“The Gentleman has moved for the adoption of the Amendment. Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have 09300039.doc 150  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Washington on House Bill 2577. Representative Washington, would you like us to adopt the Amendment and move the Bill to Third? Mr. Clerk, read the Bill.”

“On the Amendment, Representative Washington. Would you explain the Amendment to us, Representative Washington?”

“Thank you, Mr. Speaker. Mr. Speaker, what the Amendment does is just change the numbers from 2 to 5. And it’s… it’s a Bill that tries to be inclusive to small government where they hire five people.”

“The Gentleman has moved for the adoption of the Amendment. Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Younge on House Bill 2608. Representative Wyvetter Younge. We… you… we have an Amendment pending. Mr. Clerk, would you read the Bill.” 09300039.doc 151  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Representative Younge.”

“Thank you, Mr. Speaker. Floor Amendment #1 is the Amendment of the Department of Human Services and basically what it does is it takes away the sanctions or penalties under the Bill. And also, it takes away the Bill of Rights provisions that the client will have a right not to be forced out of a shelter and also, if the client executes a agreement setting up a savings account that that will be honored. And I move for the adoption of the Amendment.”

“The Lady has moved for the adoption of House… of Floor Amendment #1. Is there any discussion? Representative Parke.”

“She indicates she’ll yield.”

“What I was seeking to do was to get an agreement with the Department of Human Services as to a Bill of Rights and a Bill that they… for the homeless, mentally ill that they could support and this is their Amendment and they support this Bill because of this Amendment.” 09300039.doc 152  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“What we’re basically trying to do is to establish a Bill of Rights for the mentally ill, homeless population. We have large numbers of people.”

“It is estimated that one-third of the homeless, people who are on the street, are mentally ill. And the effort of the Bill is to provide a Bill of Rights stating what… what protections people who are out on the street subject to abuse many of which or many of whom are women, the rights that they should be protected.”

“It is my intention to pass a Bill that would provide that the Department of Human Services will serve as like an advocate. There’ll be a position that serves as an advocate to help protect mentally ill people.”

“How many people? There are about 12 thousand mentally ill, homeless people in Illinois, about five thousand in the City of Chicago.”

“This applies to homeless, mentally ill and developmental disabilities persons.”

“Yes.”

“Well, that is the essence of my agreement with the Department of Human Services is that one staff position will be created in which in the Department of Human Services that will be an advocate for our mentally ill, homeless people.”

“As a way of starting…”

“…the process of making sure that there are programs guaranteeing their rights.”

“They will hire one that will be at the…”

“…that only one to… yes.” 09300039.doc 154  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Well, one person will handle as much as she or he can. Well, a journey of a thousand miles begins with the first step. The first step is to create an advocacy position so that there can be the beginning of a program of protection for the mentally ill.”

“Yes.”

“On the Amendment, all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

Speaker Hannig: “The Lady from St. Clair, Representative Younge.”

“Thank you, Mr. Speaker. Amendment #2 guarantees the right of confidentiality of records. I move for the adoption of the Amendment.”

“Is there any discussion? Okay. All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

Speaker Hannig: “Third Reading. Representative May. Is Representative May in the chamber? Representative Pankau on House Bill 1414. Representative Saviano. The Gentleman available? Representative Saviano, we have two of your Bills with Amendments out of Rules, 2775 and 76. Would you like those Amendments adopted? Mr. Clerk, would you read House Bill 2775.”

Speaker Hannig: “The Gentleman from Cook, Representative Saviano.”

“Is there any discussion? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Mr. Clerk, read House Bill 2776.”

Speaker Hannig: “The Gentleman from Cook, Representative Saviano.”

“The Gentleman has moved for the adoption of the Amendment. Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Pankau on House Bill 1414. Mr. Clerk, would you read the Bill.”

“Representative Pankau, the Chair was in error. The Amendment was adopted earlier in the day, so… so we’ll just… we’ll just take it out of the record at this time. Representative Nekritz on House Bill 2995. Would you like to adopt the Amendment? Okay. Mr. Clerk, would you read the Bill. Okay. This was also done? Okay. This is another error that… Bill… Out of the record. Representative Washington on House Bill 3044. Representative Washington, would you like us to adopt the Amendment on House Bill 3044? No? Yes or no? Okay. Out of the record. And Representative Krause on House Bill 09300039.doc 157  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 3017. Out of the record. Representative Hassert on House Bill 1729. Mr. Clerk, would you read the Bill.”

“Representative Hassert.”

“The Gentleman has moved for the adoption of Floor Amendment #1. Is there any discussion? The Lady from Cook, Representative Krause.”

“Representative McCarthy.”

“Thank you, Mr. Speaker. Will the Sponsor yield?”

“He indicates he’ll yield.” 09300039.doc 159  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Thank you. Representative Hassert, following up on Representative Krause’s question there. From the date you apply, which is when it will be established today, is there anything in statute or Municipal Code or something that says it has to be approved or disapproved in a certain amount of time?”

“I mean, but can these decisions be put off for a year or longer than that or are they…”

“But… but it could also mean, I’m reading our analysis, that at the time they es… the date is established, there’s no resident within a thousand feet.”

“And then by the time they are approved someone has built a couple of homes within a thousand feet. See, you can’t… what your Bill says you can’t go back and say, well…”

“…they’re illegal because of that.”

“But there is no… there is no… I don’t think you answered clearly if I… There is no time frame on this thing as far as from the date they establish until they make their decision? Like if you owned the property around it I mean, I can’t imagine a landfill would be less than a thousand feet, but…”

“And we are saying that because of this established date that if there was for some reason or another a residence built within the thousand feet, the company still could be approved by whatever the authority is…”

“But what if…”

“What if the residence is built after the established date is what my question is?”

“This is…”

“Oh, okay.”

“So, this would make it less likely for them to build it, actually, then sell it.”

“Thank you.” 09300039.doc 162  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Any further discussion? Then all those in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Kelly on House Bill 3427. No. Out of the record. Representative May, Karen May on House Bill 3198. Would you like to adopt the Amendment? So, Mr. Clerk, read the Bill.”

“Representative May.”

“I… I defer to Representative Lang. I’m… this is a favor of him.”

“Representative Lang.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. The Amendment simply allows employees covered by a collective bargaining agreement to choose the appeal process that is embodied in the original form of House Bill 3198.”

“The Gentleman has moved for the adoption of the Amendment. Is there any discussion? Then all those in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Kelly, would you like us to call House Bill 2552 on Third Reading? Okay. Out of the record. Is Representative Fritchey in the chamber? Representative Fritchey on House Bill 3518. Take that Bill out of the record, Mr. Clerk. Representative Fritchey, would you like to call House Bill 3518? Mr. Clerk, read the Bill.”

Speaker Hannig: “The Gentleman from Cook, Representative Fritchey.”

“For those who thought I’d never carry a Bill that’s supported by Philip Morris, here ya go. 3518 is an initiative of the Attorney General’s Office. It is actually a cleanup for the loophole for the master settlement agreement which will allow the State of Illinois to protect its allocable share of the agreement of… by changing the provisions of what an allocable share formula is. I’d be happy to answer any questions. I request an ‘aye’ vote. Thank you.”

“The Gentleman has moved for passage of House Bill 3518. Is there any discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Mr. Clerk, take the record. On this question, there are 114 voting ‘yes’, and 0 voting ‘no’, 1 voting ‘present’. And this Bill, having received a 09300039.doc 164  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 Constitutional Majority, is hereby declared passed. Representative Moffitt on… you wanna move House Bill 185? I think there’s an Amendment out of Rules, is there not? Mr. Clerk, read House Bill 185.”

Speaker Hannig: “The Gentleman from Knox, Representative Moffitt.”

“So, on Amendment #2 is there any discussion? Then all those in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Okay. So, and then we’ll hold that on the Order of Second Reading at the request of the Sponsor. Mr. Clerk, would you read House Bill 2981.” 09300039.doc 165  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

Speaker Hannig: “Representative Saviano. Representative Saviano on the Amendment. Would you explain the Amendment, Representative.”

“The Gentleman has moved for the adoption of Amendment #1. Is there any discussion? There being none, then all those in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Mr. Clerk, could you read House Bill 3618.”

“Representative Lang is recognized on House Amendment #2.” 09300039.doc 166  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Thank you, Mr. Speaker, Ladies and Gentlemen. This Amendment becomes the Bill. It amends the Ambulatory Surgical Treatment Center Act and the Hospital Licensing Act that provides that payment for services rendered by surgical assistants who are not employees of the facility shall be made directly to the surgical assistants at the appropriate nonphysician rate. I would ask your support of the Amendment.”

“The Gentleman’s moved for the adoption of the Amendment. Is there any discussion? Then there being none, all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Jakobsson, for what reason do you rise?”

“Thank you, Mr. Speaker. Please let the record show that it was my intent to vote ‘yes’ on 3518. My light didn’t pick that up.”

“Okay. The Journal will show… will reflect your intentions, Representative. Mr. Clerk, would you read House Bill 3044.”

“Representative Washington.” 09300039.doc 167  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Thank you, Mr. Speaker. Mr. Speaker, House Bill 34 (sic-3044) I’d like to get the Amendment passed. The Amendment was drafted in conjunction with the National Poverty Law Center. And what it does, it deletes all the provision of the original Bill and it brings the Illinois statutes into confluence with Federal Law. This Amendment allows for people who have been in the country less than five years to receive income assistance or medical assistance if they are victims of domestic violence and if such assistance would help them to escape the domestic violence. Also, in accordance with Federal Law, this Amendment includes provision that allows for certain types of people such as Cubans or Haitian nationals, Amerasians from Vietnam, victims of trafficking and families of Hmong Laotians who assisted U.S. troops during Vietnam war. Thank you.”

“The Gentleman has moved for the adoption of House Amendment… Floor Amendment #1. And on that question, Representative Stephens.”

“To the Amendment.”

“Thank you, Representative Stephens. Is there any further discussion on Amendment #1? Then all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Mr. Clerk, would you read House Bill 1414.”

“Representative Pankau.”

“The Lady has moved for passage of House Bill 1414. And on that question, the Gentleman from Cook, Representative Lang.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. I rise in support of the Lady’s Bill. She’s worked very hard to craft a piece of legislation that as many people could support as possible. This Bill is necessary because very few of the contractors own their heavy equipment now, most of them lease it out and without the ability to lien it, they don’t all get paid. This is a very important piece of legislation for the contractors. I think it’s fairly written. I think it enables all parties to have a justice in this system of mechanics’ liens. And I would strongly urge your ‘aye’ votes.”

“Is there any further discussion? Then Repre… Representative Boland, the Gentleman from Rock Island.”

“Yes. Will the Sponsor yield?”

“She indicates she’ll yield.”

“According to our analysis, the home builders are opposed to this. Is that still true?”

“Okay. All right. That’s all. Thank you.”

Speaker Hannig: “Is there any further discussion? Then Representative Pankau to close.” 09300039.doc 170  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“The question is, ‘Shall House Bill 1414 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 2 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative McAuliffe, would you like us to read House Bill 2573 on Third Reading? Mr. Clerk, would you read that Bill.”

“Mr. Clerk, let’s take that out of the record for a few minutes. Representative McAuliffe, the Clerk has read House Bill 2573 a third time. Are you… are you ready to proceed with that Bill? Okay. The Gentleman from Cook, Representative McAuliffe.”

“The Gentleman has moved for passage of House Bill 2573. Is there any discussion? There being no discussion, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 118 voting ‘yes’, 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Wait in the chamber? Representative Ron Wait, we got a couple Bills. Representative Leitch, would you like us to call House Bill 1843 on Third Reading? Mr. Clerk, read the Bill.”

“Representative Leitch.”

“The Gentleman has moved for passage of House Bill 1843. Is there any discussion? Okay, there being no discussion, the question is, ‘Shall this Bill pass?’ All 09300039.doc 172  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 118 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Washington, would you like us to call House Bill 2577 on Third Reading? Okay. Mr. Clerk, would you read the Bill.”

Speaker Hannig: “The Gentleman from Lake, Representative Washington.”

“Thank you, Mr. Chairman. Mr. Chairman, this Bill, 2577, is a very simple Bill. Its… its Amendment makes the Illinois Public Labor Relation Act applicable to a smaller unit… unit of government with at least five employees compared with the original two employees. The Act currently applies only to government with at least 35 employees. And I urge and hope that my colleagues will find some good reasons, like I have, to support me in this legislation.”

“The Gentleman has moved for passage of House Bill 2577. And on that question, the Gentleman from Vermilion, Representative Black.”

Speaker Hannig: “The Gentleman from Saline, Representative Phelps.” 09300039.doc 176  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I rise in total support of House Bill 2577. Just want a lot of you to know, currently in the State of Illinois the only employees that do not have collective bargaining rights are public-sectored employees under the 35 number. All this Bill does is put everybody on the same playing field. If you are an employee of a university or of a school district, you can under… organize in this state with two employees or more. If you are a private-sector citizen and work under the private sector in this state, you can organize with two or more. Right now, the threshold is 35. We are moving that down to five, so everybody can be on the same playing field. This does not make those individuals union members. It just gives them the right to collective bargain just like everybody else. And I urge a ‘yes’ vote.”

“The Gentleman from Tazewell, Representative Sacia.”

“It says Tazewell here on the board.”

“First, I get your name wrong. Now, I get the county wrong.”

“It’s terrible.” 09300039.doc 177  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Representative Washington to close.”

“Yes. Mr. Speaker, I just want to reiterate. I’m sure all of us in this room have been in a situation where some of us have hunting that we share and we build a little group around, we have chess, checkers and you get four or five guys together and say, hey, look, I wanna start a club. And I think Rep… the Representative on this side of the aisle said it well. This is to say that this is a democracy and if… if five people wanna get together and say, hey, we need to do better among ourselves and come together around where we’re common rather than where we differ, they should be able to choose that, that avenue should be open to them. If they don’t go that route, sobeit, but isn’t it better to have something and not need it, than need it and not have it? So, on the premise of that, I hope that my colleagues would see fit to give the 09300039.doc 178  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 smaller guy an opportunity to make his life better and to make those decisions for him or herself… individual self. And I urge for support of House Bill 2577.”

“The question is, ‘Shall House Bill 2577 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 72 voting ‘yes’ and 45 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Wait, would you like us to call House Bills 1547 and 1548 on Third Reading? Mr. Clerk, would you read House Bill 1547.”

“Representative Wait.”

“The Gentleman has moved for passage of House Bill 1547. Is there any discussion? There being none, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby 09300039.doc 179  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 declared passed. And Mr. Clerk, would you read House Bill 1548.”

“Representative Wait.”

“The Gentleman has moved for passage of House Bill 1548. Is there any discussion? The Gentleman from Vermilion, Representative Black.”

“Yes, state your inquiry.”

“No smoking in the House chambers.”

“He indicates he’ll yield.”

“To the Bill.”

Speaker Hannig: “The Gentleman from Cook, Representative Molaro.”

“Well, thank you, Mr. Speaker. I… I certainly wanna thank the right Reverend Dr. Black for waking us up back here. As you well know, usually this is naptime in the chamber I came from, but that being said I… I did have some 09300039.doc 184  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 comments on the Bill. It’ll take me a second to remember the Bill that we were talking about, but I’ll try to pull back to it. Repre… Would the Representative yield for a question?”

“Yes, he indicates he’ll yield.”

“I just… You know, I’m gonna vote for the Bill, but I do wanna know that… as you well know, most of the communities have passed ordinances that deal with teens smoking.”

“They have their own programs. They have, you know, their fines, their systems and all this other stuff. And they’re actually brought… the police write… usually they’re tickets and it’s done by the village prosecutors and the village gets the money. With this Bill, does that usurp that, sorta like what the feds do to us? Is this… would this harm what any of the local municipalities have on their books?”

“Okay. And then just… I guess, the follow up would be, since I can’t say most communities ‘cause I didn’t check. So, the… what would then be the idea of… I don’t wanna use the word ‘crime’ because let’s make sure we’re not talking 09300039.doc 185  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 about someone committing a crime, it’s just that a violation of the tobacco statute. If the local are already doing this, then why are we making this a state issue if so many are already doing it?”

“Okay. The Gent… the Lady… Representative Lindner is recognized.”

“He will yield.” 09300039.doc 186  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

Speaker Hannig: “The Gentleman from Cook, Representative McKeon.”

“Thank you, Mr. Speaker. Will the Sponsor yield?”

“He indicates he’ll yield.”

“Representative Wait, if I read this Bill correctly, it places minors, particularly those under 17, under the jurisdiction of the juvenile court. Is that correct?”

“And then, those for 17 to 18, obviously, would be the adult court.”

“Which it raises a problem for me in that when I left law enforcement a number of years ago, I was… worked for the Office of Juvenile Justice and Delinquency Prevention out of Washington, D.C. That I was data collection director for nine states including Illinois and the federal… the Congress passed a law which is still the current law, the 1974 Juvenile Justice Act. Are you familiar with that Act?”

“Well, it deinstitutionalized certain offenses and told the states, including Illinois, that if you continued to process noncriminal juvenile offenders in… within the jurisdiction of the juvenile court, you would lose all of your state juvenile justice funding. And those status 09300039.doc 188  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 offenses included runaway, truancy, smoking, possession of alcohol and so forth. And what we’ve seen is over the last decade, Representative, is this sort of sliding back into picking up these noncriminal offenses as under the jurisdiction of the juvenile court, in some cases as yours, the adult court. Did I… Yeah. I just… I’ve been… I voted for these Bills. I’m gonna vote ‘present’ on this Bill, but let me tell you why. When we were working on that project nationally, a quarter-million children, a quarter-million children were held in secure detention for offenses that were noncriminal with criminal offenders who were pro… processed through the juvenile courts. You know, the attempt of that federal legislation was to move them out of that system, out of the justice system where they would be processed either as a delinquent in the juvenile court or as a misdemeanant in the adult court. The federal provisions under the 1974 Juvenile Justice Act still exists. No one’s made a big issue of it, but I can assure you some of the child welfare groups are going to start making an issue of it. But it does place the State of Illinois, if we continue this practice and as in another House Bill, House Bill 1415, which would recriminalize truancy, that this state is going to lose, my recollection is, about $44 million a year in federal funds. And this is a national issue. I know many of the states have gone this way. The intent of the legislation, which I think the State Legislators have lost sight of, was to create some sort of noncriminal, non… referable to the juvenile court 09300039.doc 189  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 things such as a… an infraction that could be dealt with outside of the juvenile court. And I… ya, know, I know what you’re trying to do. I support the concept of what you’re trying to do. Yes, it’s a problem, but I have a serious problem with recriminalizing these offenses and putting them back under the jurisdiction of the juvenile court. It flies in the face of the movement 15 years ago, the Juvenile Justice Act of 1974 and which is still the Federal Law, as I said before, and does place the state’s treasury in jeopardy of losing federal funding. Thank you, Representative.”

Speaker Hannig: “The Gentleman from Kane, Representative Millner.”

“Representative Wait to close.”

“The question is, ‘Shall House Bill 1548 pass?’ Those in favor vote ‘aye’; those opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who 09300039.doc 191  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 107 voting ‘yes’, 8 voting ‘no’, and 2 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Molaro, for what reason do you rise?”

“Just as a… I voted ‘yes’. Just as a point of personal privilege, I don’t know if the Speaker listens to us when he’s in his office, but I see our Chief of Staff is out here. One of the things that we didn’t decide and thought made sense is, instead of having committees at 8:30 and ya come here at 10, an hour and a half for committees, and you go from 10 to 7, we would come in at 8:30 then from 12 to 1:30 we have committees which would give us a break and we could go to lunch and relax in our office and return phone calls. I was just wondering if you, Mr. Speaker, would pass that on to the Speaker and his Chief of Staff when you have time, ‘cause I can’t really see way up there. I don’t know if the Chief of Staff is there but… I thought that would be a good idea to give us a break from 12 to 1:30 instead of in the mornings. Thank you.”

“Thank you, Representative. And Representative Lou Jones on… Are you ready now for House Bill 1091? Mr. Clerk, would you read the Bill.”

“Representative Jones.”

“Thank you, Mr. Speaker. I’d like to withdraw Amendment #1.”

“Amendment #1 is withdrawn. Are there any further Amendments?”

“Representative Lou Jones.”

“Thank you, Mr. Speaker, Members of the House. Amendment #2 allows the law enforcement 90 days to object to the expungement and if they don’t, then the expungement is automatic.”

Speaker Hannig: “The Lady has moved for adoption of Floor Amendment #2. Is there any discussion? There being none, then the question is, ‘Shall Floor Amendment #2 be adopted?’ All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Lou Jones, you want us to call this on Third Reading, now? Mr. Clerk, read the Bill.”

“The Lady from Cook, Representative Jones.”

“Mr. Speaker and Members of the House. House Bill 1091 provides for the automatic expungement of juvenile records that are already expungeable by petition. It does not 09300039.doc 193  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 expand or reduce the law as to what offenses are expungeable. It simply sets up a mechanism for making the expe… the expungement automatic.”

“The Lady has moved for passage of House Bill 1091. Is there any discussion? The Gentleman from Cook, Representative Parke.”

“She indicates she’ll yield.”

“Would you repeat that, Representative?”

“As it’s written, it…”

“Right… Representative, right now, you have to file a petition for expungement. This Bill does nothing but make it automatic expungement at the age of 17.”

“Juveniles.”

“They’re juveniles until they reach the age of 17.”

“They’re juveniles until they reach the age of 17.”

“Yes, yes. It only goes to their juvenile record.”

“I just explained Amendment 2 a few seconds ago. It gives the law enforcement 90 days to object to the expungement. And if they don’t object within the 90 days, then it’s automatic expungement.”

“Right now, I don’t have any… any opponents to the legislation. There was some and then I accepted their Amendment and now, everybody’s in agreement.”

“The Gentleman from Champaign, Representative Rose.”

“She indicates she’ll yield.”

“It does… it does not excha… it does not change anything that is expugnable now. All this does is make it where you don’t have to file a petition to automatic. It does not change anything that is not expungeable, now.”

“No, it does not.” 09300039.doc 195  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Right now, their arrest records are… are not sealed.”

“Not until you petition for ‘em to be sealed.”

“That’s the current law.”

“Would you repeat that, Representative?”

“No. That’s… no. This does not change anything that’s not already… All this… all this does is make it automatic.”

“The court will still decide. All this does… all this does is automatic… Right now… right now, it is not automatic. They have to petition. All this does is make it automatic and then the law enforcement has 90 days to object to the expungement. That’s what… that’s basically what the Bill does.”

“Yes.”

“There has to be a mechanism to start this and that’ll probably be in the courts… in the clerk’s office.”

“Absolutely.”

“The burdem… the burden is not on law enforcement ‘cause they have… they get a chance to within 90 days to object to the expungement.” 09300039.doc 197  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Yes.”

“To the Bill.”

“Representative Howard, the Lady from Cook.” 09300039.doc 198  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Yes, thank you, Mr. Speaker. To the Bill.”

“To the Bill.”

“As you all know, I have been attempting to champion the cause of expungement for persons who, I believe, need a second chance, for years. And I was very fortunate, during the past week, to be able to get a ceiling Bill passed through this House. This Bill, as is the case with mine, merely tries to help young people to get their lives together and get back on track. I don’t think it’s… it’s a burden to put on anybody, whether it be law enforcement, whether it be the judicial system, whether it be the courts, whoever. Our young people are very important. They are our future. I don’t have… I don’t think we should have any problems in taking an extra step to try to make certain that they have some kind of future. I certainly hope that those of you who are of the same mind that I and Representative Jones are, will vote positively for this Bill. Thank you.”

“Representative Millner.”

“Yes. She indicates she’ll yield.”

“Yeah. If… if they’re not con… they’re not convicted, you’re right.”

“That’s correct, but it’s not a conviction.”

“If they’re not convicted.”

“This is not upon conviction.”

“Representative, right now, they can get that expunged now. All they have to do is file for a petition.”

“All this…”

“No, it…”

“Representative, they don’t have to track this. If you read the legislation, they are given a notice of this… of the expungement. They don’t have to track this.”

“The law enforcement.”

“By the clerk. They don’t have to track this.”

“You think… you’re saying that the law enforcement would have to track this and keep up with it. They don’t.”

“They are given… if you read the legislation, ‘notice of the proposed expungement pursuant to Sections 1 and 2 of… of this Section shall be served upon the state’s attorney or prosecutor charged with the duty of prosecuting the offense and the Department of State Police.’”

“They don’t have to track this.”

“They’re given a notice.”

“To the Bill.”

Speaker Hannig: “The Gentleman from Cook, Representative Morrow.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill.”

“To the Bill.”

“In all my 17 years of being down here in the General Assembly, we’ve passed a lot of ‘get tough on crime’ Bills. And there… and the African-American community is tough on 09300039.doc 202  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 crime as any other community is. But one of the problems that we have when we pass laws down here is how the Bill is applied by law enforcement. Several years ago, we passed a lot of enhanced penalties and I voted against those enhanced penalties because I felt whether I got robbed in Lake Forest, or whether I got robbed in Robert Taylor Homes, I should be charged with the same offense. And the judge should have the same discretion in penalizing me if I committed that crime whether it in Robert Taylor Homes or in Lake Forest. But I’m gonna tell ya what happens. In a certain community, I commit burglary, I break into someone’s home and in certain communities I’m charged with burglary and I’m a first-time offender. Should I… it allows the judge to have some discretion as to whether or not I get probation, community service or do I get a jury trial. But then in certain other communities, I break into a house and I’m charged with residential burglary. Now, I’m not a lawyer, but residential burglary means that you broke into someone’s house and someone’s life is threatened whether or not someone was in the house or not, because the law enforcement said, we’re gonna charge you with residential burglary. Now, I rise in support of House Bill 1091 because a lot of these young people in my community can’t afford adequate legal representation and I’m gonna give you an example. We say that we’re tough on crime in our schools, zero tolerance. Well, about four months ago, a young man brought a wi… a rifle into a public high school in Skokie. He has gotten off of probation and community 09300039.doc 203  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 service. Why? Because his parents had the wherewithal to get him adequate legal representation. Go to another community, where the kid doesn’t have parents who have the wherewithal to hire them adequate legal representation and he’s represented by a public defender, a public defender who’s swamped with 200 to 300 cases and the public defender says, plea bargain, avoid jail time, plea bargain. And the kid says, in order to javoid… avoid jail time, I’ll plead guilty to an offense, so I get probation. That’s the kind of legal representation many of these young people get out here. So, yes, they have a record on their… a criminal record on them, but they really done nothing wrong. They pleaded to something just to get out of jail, where in other communities, they have legal and adequate representation and they ain’t gonna get probation, they get community service. I have no problem with laws that we pass. I have a problem in how they’re enforced and the lack of fairness and how they’re enforced in separate communities. That’s why this Bill is needed. That’s why this Bill is needed, because some young people don’t have the wherewithal to file for expungement. One of the worst things that we did when we… when we had the Laurie Gan… Laurie Danns situation several years ago, we passed a Bill in order to deal with that heinous crime if we wan… in Winnetka, but we took the ability to allow people to expunge their record and we made a mistake. This is a step to correct the mistakes that the General Assembly did ten years ago. I urge ‘green’ votes on House Bill 1091.” 09300039.doc 204  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Representative Mathias.”

“She indicates she’ll yield.”

“That’s not in the Bill, Representative.”

“It’s not in the Bill. That’s just a logic… that was just a logical reason that they would… that they would serve the notice.”

“No, it’s not.”

“It does… it does not say that, Representative, in the Bill.”

“Well…”

“One would…” 09300039.doc 205  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Well…”

“Rep… Mr. Speak… Mr. Speaker.”

“Yes.”

“I’m gonna take this off the record ‘til we clear this up.”

“Okay. This Bill’s out of the record at the request of the Sponsor. Representative Franks. Representative Collins. Representative Collins, did you want us to call House Bill 416 on Third Reading? Okay. Out of the record. Mr. Clerk, would you read House Bill 2485.”

“Third Reading. Mr. Clerk, would you read House Bill 462.”

“Third Reading. Mr. Clerk, read House Bill 1248.” 09300039.doc 206  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Third Reading. Mr. Clerk, would you read House Bill 1952. Mr. Clerk, on 1248, could you tell us the status of any notes that are pending?”

“Okay. So, the Chair was in error when it said Third Reading. Those Bills will remain on the Order of Second Reading… that Bill would remain on the Order of Second Reading pending the fulfillment of the note’s requirement. Well, Rep… Mr. Clerk, would you read House Bill 1952.”

“Representative Hultgren on the Amendment.”

“The Gentleman has moved for the adoption of the Amendment. On that question, Representative Granberg.”

“Mr. Speaker, I apologize. I don’t want to interrupt the presentation of the Bill, but just very briefly for a point of personal privilege.”

“Why don’t you hold your point, if you could and we’ll adopt the Amendment and go right to you.”

“Okay.”

“Okay. Is there any further discussion? Then the question is, ‘Shall the Amendment be adopted?’ All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

Speaker Hannig: “Third Reading. And now, Representative Granberg on a point of personal privilege.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. We are honored today to have one of our illustrious former Members join us on the floor, Representative Julie Curry.”

“So, Mr. Clerk, could you clarify the status of House Bill 1248 for us.”

“So, we’ll move that to the Order of Third Reading. Mr. Clerk, would you read House Bill 2200.”

“Third Reading. Mr. Clerk, read House Bill 2234.”

“The Lady from Cook, Representative Currie.”

“Thank you, Speaker and Members of the House. This measure deals with the Property Tax Appeals Board, in relation to business and commercial properties in the county of Cook. This is a measure we have passed in this House at least twice before. It does not eliminate the jurisdiction of the Property Tax Appeal Board rather it sets appropriate standards for PTAB review of the properties that are seeking substantial reductions in… in their valuation. The Bill would establish standards that suggest that the administrative agencies that look at valuation before an appeal goes to PTAB, that is to say the assessor’s office and the board of review, are given some weight and it would establish what kind of evidentiary standards PTAB should employ in coming to its final 09300039.doc 209  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 decision. I would be happy to answer your questions and I, as long with the school districts and park boards in Cook County, would be happy to have your support for passage of this Bill.”

“The Lady has moved for passage of House Bill 2234. And on that question, the Gentleman from Cook, Representative Parke.”

“She indicates she’ll yield.”

“No.”

“Nope.”

“This deals with the Property Tax Appeals Board…”

“…and what it attempts to do is to see to it that the standards for review used by the Property Tax Appeals Board would recognize… would show some deference to the earlier administrative proceedings involving valuations of properties in Cook. So, it would establish some evidentiary standards, it would make this a more professional, more official hearing before PTAB.”

“This is a measure…”

“…that has passed the House before…” 09300039.doc 210  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“…and I hope it will again today.”

“To the Bill.”

“The Gentleman from Cook, Representative Lang.”

“Thank you, Mr. Speaker. I rise in very strong support of this piece of legislation. The school districts in my community are gettin’ killed by this program. I’m certain that all of the suburban Legislators, particularly the suburban Legislators, are feeling the pinch. The school districts are losing money because of these appeals. You can argue all you want that this… there’s some fairness to this system, but the truth is that we have severe financial crises in school districts, even in suburban Cook, where virtually every school district either is having a referendum or is going to have a referendum, and it’s all because of PTAB. All right, maybe it’s not all because of PTAB, but it’s substantially because of PTAB. Something 09300039.doc 211  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 needs to be done. Representative Currie has a very strong piece of legislation here. Now, this is where you have to make a decision between bowing to business interests that are only interested in their dollars, and I guess they should be, and between school children. Now, we spend a lot of time on this floor talking about the importance of public school education. This Bill is about public school education. You can say it’s about taxes, you can say it’s about PTAB, bottom line, it’s about kids. And so, you gonna make a decision today as to whether kids are important to you, whether education is important to you, or whether it is not important to you. And so, before you do one of those knee-jerk votes where you say, well, I’m a Legislator that supports business, I have to be opposed to this, I would suggest thinking twice. I would suggest thinking about how this impacts your local school districts, particularly those in Cook County and suburban Cook County. And I would strongly recommend you give serious thought to Representative Currie’s legislation.”

“Representative Biggins.”

“Representative Novak.”

“Yes, Mr. Speaker. Will the Sponsor yield?”

“She indicates she’ll yield.”

“Yes. Is this… Representative Currie, is this for just Cook County and the suburbs or what?”

“This… this…”

“Does this extend all the way… all the way through the entire state?”

“This prescribes… this prescribes standards for the… the… the treatment in PTAB of properties in Cook County when… when, for example, there is a requested change of a hundred thousand dollars or more it requires the requesting taxpayer to provide certain records before PTAB. And it 09300039.doc 213  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 applies an evidentiary standard that recognizes that in Cook we have not only an assessor but also a board of review.”

“I know, but my question was… I understand what the Bill does. My question was, does this… does the authority of this Bill extend outside of Cook County?”

“No.”

“It does not?”

“I don’t believe so.”

“Well…”

“No, it does not.”

“So, it doesn’t extend to Madison County or Kankakee County or…?”

“No, for the reason…”

“Okay.”

“…that the system of valuation in Cook is different…”

“I know it’s different.”

“…and more complicated than the systems evaluation in other counties across Illinois.”

“Okay. Thank you.”

“Representative Miller.”

“Thank you, Mr. Speaker. Will the Sponsor yield?”

“The Lady will yield.”

“Representative Currie, I’ve heard earlier discussion on this dealing with… as opposed… dealing with educational funding if… if this Bill goes through. Can you elaborate a little more on that for me?” 09300039.doc 214  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“The assessor in Cook County has predicted, based on valuations from the Property Tax Appeals Board, that we might anticipate about a $650 million annual loss to local governments in Cook County. Much of that money, much of that value, would be dollars that otherwise would be available to school boards to school districts. So, I would argue the passage of this Bill will help make sure that the dollars that fund public education in Cook County are not dependent entirely on dollars from the state treasury.”

“Well, some of our businesses in the south suburbs… suburbs have some concern with your legislation because, as you may know, a lot of businesses… we’re losing a lot of businesses to Will County and other areas. And without this appeal process, then they will further deteriorate our economic growth or some stability that we’re trying to achieve out in the south suburbs. Can you comment on that?”

“Sure. This does not take away their rights to appeal. All it says is that when you’re appealing these are the standards under which the appeal will be decided. This doesn’t take away anybody’s right to appeal. It only says let’s have appropriate standards for the county of Cook that operate in the Property Tax Appeals Board.”

“Okay. You’re saying these standards, in our analysis here, it says that the Bill will level the playing field with taxpayers. I’m not… I don’t understand as far as how will that level… how will that level the playing field in 09300039.doc 215  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 compared to other areas when we’ve already, at least in our region, have economic depression versus economic growth?”

“Now, I’m not sure what the concept of a level playing field has to do with this Bill. This Bill, I think, would provide appropriate requirements and evidentiary procedures in the Property Tax Appeals Board so that administrative decisions below would have some impact and some import.”

“Okay. Thank you.”

“Representative Sullivan.”

“She will yield.”

“What the… the Bill changes that de novo hearing, that now happens at PTAB, so that the decisions of the assessor and the board of review are given weight as PTAB considers an appeal. There would be a rebuttable presumption that the lower administrative agencies were correct. That’s the way we deal with most of appeals from administrative agencies in our laws generally, if this would merely apply that same standard to the work that… that the Property Tax Appeals Board does.”

“Yes.” 09300039.doc 216  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Well, first of all, it seems kind of crazy to say we’ll have an assessor and then we’ll have a board of review and then when you get to the Property Tax Appeals Board the decisions that were made in earlier in the chain will have no weight. So, we’re trying to correct that by saying that these administrative agency decisions have weight. They can be rebutted, that is to say, you can bring evidence to show they were wrong.”

“But at least start with the notion that the decisions that were made lower in the food chain have some relevance and some import.”

“Yeah. And I think the Bill is clear about what the appropriate standards would be. And, as I say, throughout State Government, throughout everything else I know about, when you have administrative agencies making determinations, you generally, in an appeal, give some weight to the first decision, otherwise you might not bother having them.”

“That’s all this does.”

“To the Bill.”

“Representative Franks. Okay. Representative Krause.” 09300039.doc 218  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Yes, she’ll yield.”

“That’s exactly right.”

“The burden of proof and the standard of evidence.”

“As with virtually other administrative decisions, this Bill would say that the administrative decision by the assessor and the board of review in Cook County would have some weight when the board of tax appeals is hearing an appeal from those decisions. A rebuttable presumption so that if the taxpayer has information evidence that would show that the earlier, the lower decision was wrong, PTAB would have the opportunity to overturn. So, it takes away nobody’s right to go to PTAB. It gives you every opportunity to bring forward your evidence but it does say that there will be weight given to the administrative decisions that happened in the other venues.”

“To the Bill.”

“Representative Currie to close.”

“Representative Krause closed for me in the best of all possible ways. Please join us in voting ‘yes’.”

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 69 voting ‘yes’ and 42 voting ‘no’. And this Bill, having received a Constitutional Majority, 09300039.doc 220  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003 is hereby declared passed. Mr. Clerk, read House Bill 2531.”

“Third Reading. Representative McGuire, for what reason do you rise?”

“Yeah. Mr. Speaker, I’m sorry I was away from my seat and didn’t vote on the previous Bill. I would like to be recorded as ‘aye’. Thank you.”

“Thank you. The Journal will so reflect. And Mr. Clerk, would you read House Bill 2591.”

“Third Reading. Mr. Clerk, would you read House Bill 3003.”

“Third Reading. Mr. Clerk, would you read House Bill 2221.”

“Third Reading. Representative Krause, you have on page 37 in the Calendar a Motion in writing to table House Bill 2475. Now, is that… is that your Bill, Representative? And you wish to table it? Okay. So, the Lady moves to table House Bill 2475. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Motion is adopted. Representative Mulligan, the Lady in the chamber? Representative Mathias, you have a Motion in writing to table House Bill 3102, is that correct? And that’s your Bill? Okay. So, the Gentleman moves that we table House Bill 3102. All in favor of the Motion say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And House Bill 3102 is tabled. Representative Davis on House Bill… William Davis on 3232. Okay. You wanna table… This is… Is this your Bill? And you wish to table it? Okay. So, the question is or the Gentleman’s Motion is to table House Bill 3232. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And House Bill 3232 is tabled. And Representative Black, you have a Motion in writing to table House Bill 3546. Representative Black. Representative Black. You have a Motion to Table House Bill 3546.”

“And that’s your Bill, Representative?”

“And it’s your intention… do you wanna…” 09300039.doc 222  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“The Gentleman’s moved that we table House Bill 3546. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Motion is adopted. Mr. Clerk, would you read the Agreed Resolutions.”

“Okay. Representative… Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Agreed Resolutions are adopted. Representative Franks, for what reason do you rise?”

“Point of personal privilege, Mr. Speaker.”

“State your point.”

“Just wanted to turn the attention of the gallery up there to Mr. and Mrs. Kirk and Jamie Mottram who were married last night at midnight and they’re chosing to spend their honeymoon here. And Kirk’s parents came down for dinner and the whole deal. So, if you guys can stand up, we’ll give you a hand.”

“Representative Mendoza, for what reason do you rise?”

“I rise to make an announcement, but I’d also like to say congratulations Kirk and his lovely wife.”

“On the announcement.” 09300039.doc 223  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“But I’d like to make an announcement to all the Members of COWL that the meeting on substantive issues will be held tomorrow, 8:30 in the morning, D-1. So, if you didn’t hear that and somebody else out there did hear that we’re meeting tomorrow at 8:30 in the morning,D-1. Please, spread the word to all of the COWL Members. Thank you. Bring your ideas and yourself.”

Speaker Hannig: “Thank you. And Representative Mulligan, Representative Mulligan, Representative Rosemary Mulligan. The… You have two… two Motions on the Calendar to table House Bill 2928 and 2935. Is it… Are those your Bills and do you wish that the… have the Motion heard at this time?”

“You have a Motion in writing to table House Bill 2928 and also, 2935 and…”

“And those are your Bills, is that correct?”

“So, the Lady moves that we table House Bill 2928 and 2935. All in favor of the Motion say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Motion is adopted. Representative Burke, for what reason do you rise?” 09300039.doc 224  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“Thank you, Speaker. Just for purpose of an announcement. The Executive Committee will meet this evening right after Session in Room 118. There was some notice that we were gonna meet tomorrow morning. Just so there would be no confusion. The Executive Committee will meet this evening right after Session.”

“Representative Black, for what reason do you rise?”

“Thank you, Representative Black. Mr. Clerk, would you read the schedule for the committees.”

“Are there any announcements? Representative Molaro.” 09300039.doc 225  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 4/1/2003

“I would just like to thank the Speaker for responding to my request about afternoon committees so quickly. So, thank you.”

“Thank you. And now, allowing perfunctory time for the Clerk, Representative Currie moves that the House stand adjourned until tomorrow, April 2 at the hour of 10 a.m. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the House stands adjourned.”