Illinois House Floor Debate — May 28, 2003

“The House shall come to order. The Members shall be in their chairs. We ask you to turn off your cell phones, your computers, your pagers. And we ask the guests in the gallery to rise and join us for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Lee Crawford, the Assistant Pastor of the Victory Temple Church in Springfield.”

“We shall be led in the Pledge of Allegiance by Representative Verschoore.”

“Roll Call for Attendance. Representative Currie. Mr. Bost.” 09300066.doc 1  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Representative Currie. Currie.”

“Thank you, Speaker. Please let the record show we have no excused absences to report today.”

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

“Mr. Clerk, what is the status of Senate Bill 1994? 1994.” 09300066.doc 7  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Put the Bill on the Order of Third Reading. Mr. Joyce, you are the Sponsor of Senate Bill 10. Do you wish to move the Bill? The Gentleman indicates he does not wish to move the Bill. Mr. Flider, you’re the Sponsor of Senate Bill 96. Did you wish to move the Bill? Mr. Clerk, what is the status of the Bill?”

“Mr. Flider on the Amendment.”

“Thank you, Mr. Speaker. The intent of Senate Bill 96 is to create the offense of aggravated DUI for individuals who cause the death of another individual in a vehicle accident where intoxication was the approximate cause of the accident. And the need for this legislation is that the Illinois Supreme Court had invalidated certain provisions which previously had been utilized by state’s attorneys. House Amendment #2 is a… an Amendment that was suggested by the Cook County State’s Attorney and it’s a clarification Amendment and what it does is it changes the sentence for the offense of aggravated DUI from 3 to 13 09300066.doc 8  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 years and from 6 to 16 years of imprisonment with regard to an offender. And the purpose is to make the sentence equal to the sentence for reckless homicide and thus avoid a proportionality problem. This… the… And I would encourage your approval of Amendment #2.”

Speaker Madigan: “The Gentleman moves 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?”

“Mr. Flider.”

“Thank you, Mr. Speaker. House Amendment #3 is simply a texical… a technical Amendment in that it fixes a problem with truth-in-sentencing by altering all of the sections that are required to be subject to the offense of truth-in- sentencing. I’d encourage your adoption.”

“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. Molaro, did you wish to move 153? Mr. Clerk, what is the status of the Bill?”

“Mr. Molaro.”

“Thank you. I see Representative Colvin is in the chamber at his chair. He put on this Amendment without telling me upfront, but I forgave him and I allowed him to proceed with his Amendment. But, however, I’m gonna let him explain his Amendment if that… if the Chair will allow that. Representative Colvin, are you ready, Sir? Why don’t you put your light on, Sir and may be the…”

“The Amendment to Senate Bill #2 essentially does two things. One, it provides that community colleges be treated as municipalities, so they would be subject to the provisions of the Public Building Commissions Act. In addition, it deals with bond… excuse me, I’m sorry. It deals with bid limit increases. In other words, it would allow for city colleges to, excuse me, those who are subject to the Public Building Commission to raise their bidding limit increases from $5 thousand to 25 thousand.”

“Mr. Colvin moves for the adoption of the Amendment. And on that question, the Chair recognizes Mr. Parke.”

“Sponsor yields. Sponsor of the Amendment yield.”

“No, what it does is it allows that the provisions under the Public Building Commissions Act to cover community colleges, as well. In other words, so community colleges are asked to be treated as municipalities the same way court houses and those other entities that are covered under the Public Building Commissions Act.”

“I don’t think there’s anything that’s wrong, in fact I should say that this Amendment becomes the Bill, so what I just explained becomes the entirety of the Bill.”

“Ladies and Gentlemen, if we could give our attention to Mr. Colvin and Mr. Parke. Mr. Colvin.”

“What I was saying was, the Amendment becomes the Bill, so the two provisions I laid out becomes the on… the essence of the entire Bill. But for city colleges what it would eventually do would help to extend bonding authority those… to those entities, as well, and any other effects of the Public Building Commissions Act would be subject to community colleges. This was an initiative of the Chicago City colleges which will give them another way perhaps somewhere in the future to raise additional funds, but it would only be done through… you’d have to ask permission of the voters, number one and number two, the bond limit increases from 5 thousand to 25 thousand. Excuse me, 09300066.doc 11  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 Representative Parke, it would be done through a referendum for that bonding authority.”

“There is no… there is nothing to be paid, all they are simply asking is to be treated under the provisions of… all they’re asking is to be treated under provisions of the Public Building Commissions Act. So, in other words, that Act would just be extending to city colleges.”

“No, Sir.”

“Yes.”

“Yes.”

“They’re in support of the Bill.”

“No one has come to my knowledge… no one has come forward in opposition.”

“I believe that’s the intent.”

“That’s…”

“That’s correct. And that’s what I was referring to when I said the bond limit increases. Excuse me, bidding limit increases.”

“Anything below the $25 thousand threshold and the purpose which is not new, given that it has been a very long time and I’m not gonna say how long, but it’s been a long time since that… that issue has been revisited. So, for a lot of smaller contracts, dealing with construction, we’re talking about construction and improvements to physical structures, which routinely surpass that amount would give them a little more flexibility and probably cut down on a lot of that administrative paperwork, as well.”

“Can you repeat that? I couldn’t…”

“I think I… I think I understood what you said.”

“What I said, that it has been done. The Water Reclamation District as recently dated as last year right here in this chamber and there have been other entities of government that have asked for the same authority to raise the bond limit, excuse me, bidding thresholds to deal with cost of inflation and adjustments and so forth of that nature.”

“The objections and I’m not trying to mislead you or what have you, but I couldn’t honestly tell you. There were questions along the same line that you raised. I believe the objections came from Members of the committee on your side of the aisle, but I couldn’t tell you in verse what they were.”

“Representative, again I just would like to remind you that this was brought forth at that request… at their request.”

“Representative Kosel.”

“Can you repeat that? I didn’t hear the first part, you said something about a bookstore.”

“I’m not…”

“I don’t think this Bill has an impact on the issue and I vaguely remember the issue of the bookstore, but I don’t think this Bill and what they’re trying to accomplish here impacts that issue. I don’t know if we’re talking about apples and oranges here.” 09300066.doc 15  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

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

“So leave the Bill on the Order of Second Reading. Senate Bill 157, Mr. Hassert. Gentleman indicates he does not wish to call the Bill. Mr. Osterman, do you wish to call 173? Mr. Clerk, what is the status of the Bill?”

“Mr. Osterman.”

“Request the favorable vote on Amendment #1 and #2 dealing with the automated traffic light signals.”

Speaker Madigan: “Mr. Osterman, the Clerk advises that Amendments #1 and 2 were adopted in the committee. Now, are there any further Amendments?”

“So, Mr. Osterman, shall we put the Bill on Third Reading. Mr. Clerk, put the on the Order of Third Reading. Representative Nekritz, you do not wish to call 09300066.doc 16  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 275? Leave it on Second Reading? Thank you. Mr. Giles. Mr. Giles, you’re the Sponsor of Senate Bill 206, which is concerned with schools. Did you wish to call the Bill? Mr. Clerk, what is the status of the Bill?”

Speaker Madigan: “Third Reading. Mr. Daniels, you’re the Sponsor of Senate Bill 871, concerned with state finance. Move the Bill? Mr. Clerk, what is the status of the Bill?”

Speaker Madigan: “Third Reading. Mr. Colvin, you are the Sponsor of Senate Bill 945. Mr. Colvin, you are the Sponsor of Senate Bill 945, concerned with criminal procedure. Do you wish to move the Bill? Gentleman indicates he does not wish to move the Bill. Mr. Osterman, Senate Bill 947. Mr. Clerk, what is the status of the Bill?”

“Put the Bill on the Order of Third Reading. Mr. Osterman, did you wish to call the Bill today? Mr. Clerk, read the Bill for a third time.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I have before you today Senate Bill 947 which requires criminal background checks for nonlicensed dealers at gun shows. This Bill is subsequently different from a previous Bill before you, Senate Bill… or House Bill 2356. This Bill would require the State Police to set up a system to check background checks for potential purchasers of guns at a gun show. It shall establish the process for the checks State… will be conducted by State Police. State Police will also develop forms to be filled out by purchasers of firearms and those forms will be kept by the owners of the firearms or owners of the… seller of the firearm. It also requires State Police shall conduct background checks consistent with State and Federal Law under the time frame established by State and Federal Law and give approval or denial to the seller. It will require that the seller of the firearm complete a form that shall be given to the purchaser of the… seller of the firearm shall have the buyer complete a form, they shall request from State Police through a dial-up system that a background check is done on the seller… the purchaser of the firearm. And they shall, before they sell the firearm, receive approval or denial from the State Police. They’ll 09300066.doc 18  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 also require that they shall keep those forms for 10 years. Also requires that gun show promoters shall provide forms to those individuals that are selling firearms and post the laws there. It also makes clear that the sellers and the purchasers shall comply with all current State and Federal Law. What this Bill does is allow for criminal background checks for individuals that are selling firearms at gun shows, which currently is not done. Currently there are individuals selling guns sitting next to the federal licensed dealers and those dealers are required to conduct background checks, the nonlicensed dealer is not required to. What this Bill does not do, it does not require that someone selling a firearm at a gun show transfer that gun to a federal licensed dealer to conduct a background check, which was what was done previously. What this does not do is provide a sales tax on the sale of firearms. This Bill has been amended several times. Listening to the concerns raised by Members of this Body in trying to address lawabiding citizens that are selling or are purchasing firearms at gun shows. What this Bill also addresses what a scope of the gun show is and that is to be an event where there are three or more vendors or an event where there are 25 or more guns that are being sold. Ladies and Gentlemen of the House, what this Bill will do is allow for State Police to conduct criminal background checks at gun shows on nonlicensed dealers. The need for that is that there are people besides lawabiding citizens that frequent these events and are circumventing the law and the national 09300066.doc 19  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 background check to purchase firearms and what we wanna try to do is to insure any person with firearm at a gun show goes through an instant background check. And I would ask for an ‘aye’ vote and I’m willing to answer any questions.”

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

“Will the Sponsor yield?”

“Sponsor yields.”

“Representative, your Bill requires compliance with Section 922 (t) of the Gun Control Act of 1968. Correct?”

“That’s correct.”

“Section 922 (t) (a) states that before the completion of a transfer the licensee contacts the National Instant Criminal Background Check System. So, your Bill still requires the use of federal licensee to conduct background checks, doesn’t it?”

“Actually, Representative, the intent of that section is simple and I’d like… I’m glad you brought that up, ‘cause I want to convey that to the Body. Currently, federal licen… in the State of Illinois there are holding periods for long guns, which is 24 hours and which is 72 hours for a handgun. State Police is required to conduct background checks in those time frames to release those guns. However, under Federal Statute which you referenced and what is in the Bill, State Police can extend that to three working days to complete the background check. What we wanna have is uniformity in the Federal Law and the State Law so that someone that is selling a firearm knows 09300066.doc 20  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 that they have to be in compliance. What we also want, Representative Phelps, is State Police to have that ability, that in those very rare situations that they need up to three days to complete a firearm check, a criminal background check, they’re able to do that. And I wanna add, Representative Phelps, that over the last two years when there’s been over 300 thousand checks done through the National Background Check System that six times, Ladies and Gentlemen, six times has it taken the State of Illinois, State Police three days to do that. That is why that provision is in there, to be uniform. That is why we wanna have that in there, Representative.”

“So, Representative, in all due respect, your Bill still requires the federal licensee to conduct these background checks.”

“That’s not the intent, Representative. Under the Bill it would require that the State Police… someone who is a nonlicensed dealer, they would request the check to be completed by State Police. So, that is the intent and that’s the way I read the Bill, Representative.”

“I still don’t understand…”

“The provision… the intent of the provision in there speaks only to the issue of the three days. So, that is what the intent of having that measure in there is, Representative.”

“Okay. But I still don’t understand how you get around the language of 922 (t), which your Bill requires people to 09300066.doc 21  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 follow. The Federal Law clearly requires a federal gun dealer to make that inquiry where you describe.”

“Again, Representative, I’ll read this to you. ‘However, if the prov… approval or denial is not provided in accordance with the Brady Handgun Violence Act or Section 24 of the Illinois Criminal Code the transfer may proceed.’ That language speaks to the three day business day waiting period. And that is the intent of what we’re trying to get at by putting that measure in there, Representative.”

“Okay, so we agree that there’s a… for handguns there’s a 72-hour waiting period, we agree that for rifles and shotguns there is a 24-hour waiting period.”

“Yes.”

“Well here’s the problem I have with that. Your Bill by requiring compliance with the Federal Law of 922 (t) you do and I do agree three business days. So actually, you’re going to extend the waiting period on these sales because you said three business days. So, let’s take for example, if I buy a firearm on a… fill out the paperwork on a Wednesday, Thursday is the first business day, Friday is the second business day and then Saturday, Sunday and in case of a holiday, Monday, you’re talking another waiting period of five or six days.”

“Representative, I’d like to be very clear. The current system right now is an automated system with live bodies that are there. The background checks that are done are done instantaneously. If you were to leave here 09300066.doc 22  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 today, go to a gun show and buy a gun from a licensed dealer, he is gonna pick up the phone, make a phone call to State Police and through an automated system that check will be done right then, right there. Eighty percent of the time I would say most of these are done within minutes, if they take longer they take within an hour or two. And as I said earlier in my remarks, six times, Representative, six times in the last two years, 300 thousand checks that were done, six times did it take that long. So, it’s not the intent of the Sponsor, me, or State Police to drag this on. We wanna make sure that a lawabiding citizen and the person selling the gun, if you wanna sell some guns that you inherited or were given to you, you could go to a gun show, sell those, but first you’d be required to conduct a background check. Those checks would be done instantaneously. It would happen right then and there over the phone. The only time that they would drag on would be if State Police needed information to clarify who the seller is and if he is legally bound by State and Federal Law to buy the gun. But we agree, Representative Osterman, we agree that it do… it could extend the waiting period? If there was someone who… if there was someone with a similar name to you on a similar block that had a criminal background and you went to buy a gun and they checked your FOID card and the other person who had a criminal background came up, that might take an extended period of time. But, Representative, six times in three hundred thousand checks is minuscule, I think and they only do that 09300066.doc 23  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 when they have to provide and make sure that they are not selling a gun or releasing a gun to be sold to someone who is a criminal. So, they try to do this in a very quick time frame, I think that they… they work hard to get that done. And that was… is what the intent. So, that’s the only time that I would see this being extended. It’s not something to drag on so that we cannot… that lawabiding citizens cannot purchase firearms.”

“Representative, your Bill requires that the State Police to develop a form that is used in these transactions, is that correct?”

“That’s correct.”

“So, why should someone who loses that form or if the gun show promoter runs out of them, then why should they face spending between one and seven years facing jail time for their failing to fill out this piece of paper?”

“I’m glad you answered or asked me that question, too, Representative. Under State Law right now a nonlicensed dealer, the average person who wants to sell a firearm is required to keep a copy of the receipt. That receipt can be on the back of this Bill, it could be on a matchbook cover, it could be on anything that’s there. State Police is gonna draft a basic form with some basic information that’s gonna be kept by the seller of the gun. The importance of that is this, when State Police conducts the background check they will grant an approval number, a denial number, or a transaction number while they complete that transaction. That is important, Representative, so 09300066.doc 24  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 that you know as a seller of the gun that you got an approval number that was granted by State Police that said that the se… the person buying the gun from you, that that individual was found by State Police to legally to able to pur… to buy that gun, so that you don’t get in trouble down the road if someone previously had a criminal background and you got a clearance from the State Police. So, that’s why it’s important, that approval number will be on the form.”

“I guess I just would… I guess I’d just feel better if we had some language in there that, ya know, describes what you said but your Bill says though, in all fairness, that if you lose the form you still could face up one to seven years in jail…”

“Representative…”

“…just by losing the form.”

“…right… right… right now though, if you are a seller of a firearm, you sell me a gun or someone else, Representative Brun… former Representative Brunsvold, you sell him a gun. You’re required to keep a copy of that receipt. Now if you go home and your dog eats it or you lose it or you move and something happened to it, you’re still bound by current State Law to produce that receipt. It doesn’t say, ya know, there’s no provision in the law now saying your dog ate it or ya know you moved and something happened to the form. All we’re trying to say is we want a uniform form and the form is needed so an approval or denial number could be put onto that form. So, 09300066.doc 25  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 that’s the intent and let me go one other step if may, Representative. I would think that if you, a seller of a gun or someone who is someone who is not a licensed dealer but may trade in guns or things like that, on the form there might be language including what the law is, which I would think could be helpful to you so that you know what the statute is. So, I would think that this would be something that you would want so that you knew that you were in compliance of the law and you knew to keep the form.”

“Mr. Speaker, to the Bill.”

“To the Bill.”

“Members of the House, I strongly rise in opposition of this Bill. Number one, there’s no good reason to increase the waiting period from 24 hours to… to could… perhaps be six days for the private sale of a rifle or for a shotgun. Number two, there’s no good reason for the waiting period of a handgun from 72 hours to a possible six days, on the private sale of a handgun. Number three, the Bill according to Federal Law cited, still requires the use of a dealer to conduct the part of the sale. And lastly, if lawabiding citizens complies with all these regulations they still could face one to seven years in jail for losing a form. And Mr. Speaker, if this Bill receives a Majority Vote I seek verification.”

“Representative Novak in the Chair. Further discussion? The Gentleman from Randolph, Mr. Reitz.”

“Thank you, Mr. Speaker. Will the Sponsor yield?” 09300066.doc 26  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Sponsor yields.”

“Representative, does this Bill… does this affect everything and does it preempt Home Rule, basically I guess is the question I’m getting to?”

“I’m not a lawyer or the Clerk, but my understanding was that it did not preempt Home Rule.”

“So it doesn’t, so I guess for the record if a Home Rule community decides that they do not like this legislation and they pass an ordinance that says that they don’t have to comply with this then that… that community would not be… this law would not be applicable to that community if it does not preempt Home Rule?”

“I don’t know what Home Rule would wanna do that, but…”

“But if they, I mean, just in case they do.”

“I’m not sure, Representative, we’d have to direct that to the Clerk.”

“Well, in your… I guess in your estimation then of the Bill does it… if a community such as Carbondale or Kankakee or whatever Home Rule communities, if they would not like their gun shows that they have within their communities to be… this law to be applicable to them, is it in your estimation, does this law apply to them if they pass a Resolution that says that they can have their own gun shows and they don’t have to register these?”

“Possibly they could, Representative, but I’ll again… I’ll defer to the Clerk on that.” 09300066.doc 27  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Well, I guess then could… Mr. Speaker, ruling from the Chair, could you check with the Parliamentarian and see if this is…”

“What is your inquiry, Mr. Reitz?”

“Whether this preempts Home Rule and the requisite number of votes for this piece of legislation?”

“We will confer with the Parliamentarian and get back to you as soon as possible.”

“Can you not do that on your own? They deserted you. Oh, here he comes.”

“The Parliamentarian is on the podium.”

“I’m kinda like 0 for three or four this year, but I have faith in the Parliamentarian. To the Bill. I guess… Well, I do have one more question of the Sponsor if he would yield. Does this affect all firearms, Representative? I mean, not only… this is not only handguns, this is all firearms, shotguns, sporting… guns that are normally used for sporting events.”

“Semiautomatic weapons that are legally covered, yes, it would include all firearms.”

“Okay, well, I… To the Bill. I appreciate the effort that Representative Osterman has made… Osterman has made to try and work this out and make this more, I guess more easy for the people that are going to go to gun shows and try to do what he wants to… the purpose that he has for this Bill. But I still think it gets back to the bottom line that we have, if we enforce our current laws that are on the books we could take care of the gun problems that we have here. 09300066.doc 28  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 The City of Chicago already has laws that prohibit… carrying guns that prohibit the use of guns in an illegal manner. If we take care of the people that have guns and use those for an illegal purpose I think that would take care of all our problems. And I’d appreciate a ‘no’ vote. Thank you.”

“Further discussion? The Gentleman from Lake, Mr. Washington.”

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

“Sponsor yields.”

“Representative, I just have a question and I think in this particular case we have more in common than we differ as to the intent and the motive of dealing with guns of any kind, in the city in particular. But I… I guess I’m kinda lost because there’s a part of me that understands those that use guns for recreational activity and I do believe that the constitutional right to carry arms is one that I don’t wanna see ever change unless there’s a real valid reason. So, trying to balance out the needs of the so-called urban area versus the needs of other people, can you… can you… can you give me a little distinct difference why that not… why we are not able to reach a little more harmony when we’re dealing with the gun issue?”

“Representative Washington, I have done my best to reach out and provide harmony as best I can. I’ve talked to the staunchest sportsmen in this Body. I’ve asked for input from a lot of different people. I don’t see that this Bill affects the constitutional rights of anyone in 09300066.doc 29  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 purchasing a firearm or selling a firearm. Okay? I’m not trying to infringe upon that. All I’m trying to do is at gun shows in Illinois and specifically gun shows and not personal sales, we wanna conduct criminal background checks. Gun shows are advertised on the Internet, they’re advertised in newspapers, lawabiding citizens, families, people have told me about their families that come to these things, go to those. However, there’s not a uniform code for doing background checks so criminals can go and try to circumvent the law to get a gun at a gun show. All we wanna do and my main focus of this Representative, is to provide criminal background checks for individuals buying guns at gun shows. I don’t think that any Member of this Body should have a problem with conducting criminal background checks. Since the criminal background check system has gone into effect tens of thousands of criminals have been prevented from purchasing firearms. I see that as a goal that is common with me from the City of Chicago and should be common with every person in this Body. I don’t know that one person’s gonna get up and say we… ya know, we think that criminal background checks are a bad thing and we don’t want… ya know, we wanna prevent someone from doing a background check. So, I think that this is something that people from both sides of the aisle, from both parts of the sta… all parts of the State of Illinois can agree on one thing, and that’s that we want criminal background checks to be conducted. Gun shows in the past have been shown to be high volume and we wanna try it just 09300066.doc 30  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 for that. So, I think this is a positive step in the right direction.”

“Representative, I hope this is not a… not a kind of a crazy question. Can you give me an explanation of your understanding as to the other point of view, because I thought I heard… I thought I heard that you say in this legislation and I thought I heard my colleagues, Representative Phelps, mention that there would be an expanded time of wait. And I can’t… and I was trying to rationalize what he was saying versus how you responded and trying to come to grip, what’s wrong with an extra day to try to prevent the preventable and at the same time allowing those who use firearms for recreational purposes continue to do so. Can you give me your spin on what you understood that to be?”

“It’s… it’s twofold. One is that, the person selling the guns, we wanna make sure that they are aware of what the Federal law is as well as what the State Law is. Also, we wanna give the State Police the ability, that rare, rare, rare ability that if there’s a problem with doing the background check and ensuring that the person buying the gun is not a criminal or is not prevented under State or Federal Law from buying a gun, we wanna give them the ability to take that extra time. In the last two years though, and I wanna stress this, twic… or six times in the last two years after 300 thousand checks were done did it go to the three-day waiting period. So, it’s not my intent, it’s not State Police and I’ve had many 09300066.doc 31  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 conversations that they’re gonna string along buyers of firearms, this is done instantaneously over the phone. The only time that it takes extended amount of time, if they have to clarify an issue on who the individual seller is or they have to check records. There might be times when a warrant was out and the individual with a warrant was against… went in and legally got that warrant taken off. That might be a case where it shows up on the system, but there needs to be a clarification. That’s one example, there are other examples, but this just gives only in those rare instances a time that they can look to extend the… the background check.”

“Recently, in the Chicago papers, about two weeks ago, I think a former cop or ex-cop, I think they found maybe like 400 guns in his possession. Do you think that if this legislation had been in effect would that have been a different outcome with that officer’s… former officer’s accessibility to have that many guns in one place?”

“In all honesty, Representative, I can’t say yes or no, I mean, that depends on a couple things, that depends on when he bought those guns, that depends on where he bought those guns, and how he attained those guns. But in a… in a situation where… there was another situation where a young girl, Ashley Pool, on Easter Sunday, was shot and the individual who sold her those guns, some of those guns he bought from a gun dealer. There’s other guns that are unaccounted for and how he bought those guns. Through the court process we’ll find out. He may have sought to get 09300066.doc 32  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 those guns at a gun show, but I don’t know. But the goal, Representative, is to make sure that in the future, that if this Bill becomes a law, in the future that criminals will not look to circumvent the law by going to a gun show to get a gun. And all we wanna do is make sure the background check is done.”

“To the Bill, Mr. Speaker. Thank you, Sponsor.”

“To the Bill.”

“Mr. Speaker, I really wanna grasp the concept of this Bill, because… and the different sides of it, because it comes up quite often and I’m really open-minded to get a good education for those who use weapons for recreational purposes. But I really haven’t heard an argument made on the other side of the issue that really kinda defeats the request that there’s an expanded time in terms of checks and balances for those who are selling guns. And if there is anybody who can give a little more clarity here I would love to hear it. Thank you.”

“Mr. Uhe, for a statement.”

“Are you satisfied, Mr. Uhe? I mean, I’m sorry, Mr. Reitz? Okay. Further discussion? The Lady from Cook, Representative Graham.”

“Thank you, Mr. Speaker. To the Bill. I wanna commend the Sponsor on this Bill. He has worked very hard to answer all of the questions and inquiries done to… asked of 09300066.doc 33  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 him of this Bill. He’s complied with, jumped through every hoop, talked and worked with every Member of this chamber who had some questions and concerns, lobbyists as well. The Gentleman has repeatedly said it’s only six times that there has been a delay in the process at a gun show, six times out of three hundred (sic-thousand) and some times. I think he has worked very hard to produce a… an Agreed Bill that we all here should be for to make sure that no criminal is buying guns. I mean he has worked very hard and for the questions to continue to come up repeatedly and you know the things that he has put forward, reducing fees, everything that you complained about, he made an effort, all the Amendments, he made an effort to go to it and bring this Bill and make it a piece of work that everyone in this room should be able to vote an ‘aye’ on it. So, it’s really annoying to sit here and watch the game play out and people don’t fully understand what’s going on or they understand or they just need to get on record saying something. I a… I urge everyone to vote ‘aye’ on this Bill. It’s a simple measure. It does not extend the waiting period, he said six times out of a period… six times out of three hundred and some incidents. So, I urge you all to vote ‘aye’ on the Bill. Vote ‘aye’.”

“Thank you. Mr. Osterman to close.”

“Ladies and Gentlemen of the House, this Bill has been a work in progress since the opening days of Session and I have worked with Members of this Body to address a lot of issues, costs of selling the firearms, costs of 09300066.doc 34  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 possible transfers. In this Bill, as it is before us today, there is a two dollar fee that would be included. Two dollars is what is charged to a licensed dealer right now to conduct a background check, two dollars would be required of a nonlicensed dealer. That’s two dollars. I do not find that to be a… an overwhelming burden on someone. And we wanna do this why, to make sure that the individuals that are purchasing firearms are not criminals or not prevented for whatever reason under State and Federal Law from purchasing firearms. Many times in this Body there have been people that got up and spoke about enforcing the present laws, well, Ladies and Gentlemen, throughout the State of Illinois law enforcement, state’s attorneys are prosecuting the laws to the fullest of their ability. Our jails are burgeoning with more and more criminals that are bring arrested. In the City of Chicago, the Federal Government is working with county and city… local officials to go after criminals that are transferring guns, selling guns illegally with the harshest of penalties. So, work is being done in that effort. This is a measure that does a basic thing, it requires criminal background checks at gun shows. Ladies and Gentlemen, I would be happy to get two outcomes if this Bill gets signed by the Governor. The first outcome, is two years from now to have someone who’s an opponent of this Bill today come to me and say, Representative, over the last two years there has been 20 thousand checks from nonlicensed dealers at gun shows and of those 20 thousand checks there has not 09300066.doc 35  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 been one criminal, one person that should not have been able to buy a gun that has gone through that the police have stopped. I would accept that outcome, as would every Member of this Body. But a more likely outcome is this, if this Bill is signed into law and goes into effect, the more likely outcome is we are gonna find that, yes, in fact, gun shows in Illinois, there are people that should not be buying guns. There are people that should not under State and Federal Law… possessing guns. And that is what we’re trying to get at we’re trying to prevent those individuals from purchasing firearms. That is something that I think that every Member of this Body should be able to accept, something that we should all be vigilant and strive for, keeping guns out of criminals’ hands. And I would ask for an ‘aye’ vote.”

“Thank you. The question is, ‘Shall Senate Bill 947 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Ms. Kurtz. Mr. Clerk, take the record. There has been a… there has been a request for a verification by Mr. Phelps. Will all Members please be in their chairs. All Members please be in their chairs. Mr. Clerk, Poll the Affirmatives.”

“Mr. Phelps, there’s a request for verification to be verified. Representative Graham.”

“Representative Aguilar.”

Speaker Novak: “Representative Aguilar. Is Representative Aguilar in the chambers? He’s in the back.”

“Representative Acevedo.”

“Mr. Acevedo. Mr. Acevedo in the chambers? Remove Mr. Acevedo.”

“Representative Giles, ah, he’s there. Okay.”

“Representative Giles is by his…”

“Representative Saviano.”

“Representative Saviano.”

“Oh, I’m sorry. Representative Rita.”

“Representative Rita is by his chair.”

“Representative Bailey. She’s in her chair. Representative Slone.”

“Representative… Excuse me, Mr. Phelps, excuse me. Representative Acevedo is in the chambers. Put… return him to the roll.”

“Representative Slone.” 09300066.doc 37  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Representative Slone. Is Representative Slone in the chambers? Remove Representative Slone.”

“Representative Froehlich.”

“Representative Froehlich. Is Representative Froehlich in the chambers? Remove Representative Froehlich.”

“Representative Chapa LaVia.”

“She is in her chair, Sir.”

“I see her, sorry. Representative Joyce.”

Representative Kevin Joyce is in front of the chamber.”

“Representative Dunkin’s here I believe. Representative Lou Jones, she’s here. There’s Lou.”

“Any further questions?”

“Guess that’s it. No, thank you, Mr. Speaker.”

“Mr. Clerk, take the record. On this question, there are 60 voting… Representative Kurtz.”

“Your… House Rules do not allow you changing your vote from ‘no’ to ‘yes’. Mr. Clerk, take the record. On this question, there are 60 voting ‘yes’, 51 voting ‘no’, 4 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 947 is hereby declared passed. We’re going to Senate Bills - Second Reading. Senate Bill 153. Mr. Clerk, read the Bill, please. Mr. Parke, excuse me. Mr. Parke, for what reason do you rise?”

“State your inquiry.”

“You’re correct. And the record…”

“And the record will reflect that. Thank you. Senate Bill 153. Mr. Clerk, read the Bill please.”

“Third Reading. Senate Bill 1352. Mr. Clerk, read the Bill, please.”

“Third Reading. Senate Bill 1476. Mr. Clerk, read the Bill, please.”

“Third Reading. Senate Bill 1498. Mr. Clerk, read the Bill, please.”

“Third Reading. Senate Bill 1589. Mr. Clerk, read the Bill, please.”

“Third Reading. Senate Bill 1601. Mr. Clerk, read the Bill, please.”

“Third Reading. Senate Bill 1606. Mr. Clerk, read the Bill, please.”

“Third Reading. Senate Bill 1620. Mr. Clerk, read the Bill, please.”

“Third Reading. Senate Bill 1634. Mr. Clerk, read the Bill, please.” 09300066.doc 40  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Third Reading. Senate Bill 18… excuse me, 1725. Mr. Clerk, read the Bill, please.”

“Hold that on Second Reading. Okay. Mr. Clerk, what is the status of Senate Bill 1606?”

“Place that Bill back on Second Reading. What is the status of Senate Bill 1634?”

“Place that Bill back on the Order of Second Reading. On page 13 of the Calendar, there’s Senate Bill 320. Mr. Clerk, read the Bill, please.”

“Third Reading. Senate Bill 417. Mr. Clerk, read the Bill, please.”

“Mr. Molaro.”

“Yes, thank you. All the Amendment does is add the Village of Markham. They’re working on a TIF district, their work isn’t done. And it just extends the time for the TIF for an additional ten years. That’s what the Amendment does.”

“Is there any discussion? Seeing none, Mr. Molaro moves that the House shall adopt Floor Amendment #3. All those in favor say ‘aye’; those opposed say ‘no’. The ‘ayes’ have it. And Floor Amendment #3 is adopted. Third Reading. Senate Bill 594. Mr. Clerk, read the Bill, please.”

“Mr. Molaro.”

“Thank you. All Floor Amendment #2… well, Amendment #1 gutted the Bill. Floor Amendment #2 puts the original language back in. So, we’re back to the original Bill with no changes.”

“Thank you. Is there any discussion? Seeing none, Mr. Molaro moves… ‘Shall Floor Amendment #2 be adopted to Senate Bill 594?’ All those in favor say ‘aye’; all those opposed say ‘no’. The ‘ayes’ have it. And Floor 09300066.doc 42  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 Amendment #2 is adopted. Third Reading. Senate Bill 177. Mr. Clerk, read the Bill, please. 17… Oh, excuse me, I’m sorry. 777. Please read the Bill.”

“Third Reading. Senate Bill 843. Mr. Clerk, read the Bill, please.”

“Mr. Osterman. Mr. Osterman in the chambers? Mr. Clerk, take it out of the record. On page 10 of the Calendar, Senate Bill 1336, the Gentleman from Cook, Mr. Acevedo. Mr. Acevedo. Mr. Clerk, read the Bill, please.”

“Mr. Acevedo.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1336… A contractor shall not be required to post a cash bond or letter of credit in addition to or in place of a surety bond costing more than $5 thousand. Be happy to answer any questions.”

“Is there any discussion? Seeing none, the question is, ‘Shall Senate Bill 1336 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who 09300066.doc 43  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 wish? Have all voted who wish? Mr. Froehlich. Mr. Milner. Ms. O’Brien. Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’, 1 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 1336 is hereby declared passed. The Gentleman from Cook, Mr. Saviano. Senate Bill 1351. Out of the record. The Gentleman from Lake, Mr. Washington. Senate Bill 1417. Mr. Washington, do you wish to call your Bill, Sir? Mr. Clerk, read the Bill, please.”

“Mr. Washington.”

“Thank you, Mr. Speaker. Mr. Speaker, this Bill 1417, this is a recommendation from the American Cancer Society and the current laws require that insurance for persons 50 years and older to pay a sigmoidoscopy, or fecal occult blood testing once every three years. For persons at high risk coverage applies to those 30 and older. The State Law does not currently have detailed guidelines for mandated screening coverage based on ACS recommendation. The Bill is similar to House Bill 2112 by my colleague, Mr. Parke and Ms. Mulligan, which in 2001 passed the House by a vote of 115 to 1, but was later amended and held in the Senate Insurance & Licensed Activity Committee. The American Cancer Society estimates that six thousand and eight hundred Illinoisans will be diagnosed with colon cancer this year and that two thousand and six hundred 09300066.doc 44  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 would die from a result of the disease. And this could be anyone in any… in either of our families in this room. As many of 90 percent of colon cancer deaths could be prevented if screening examinations were appropriately utilized for both men and women over the age of 50, which I think that’s the majority of people in this room. While many insurers, including… I won’t be 50 until June 8. While many insurers, including Medicare, cover colon cancer and screening tests, the most accurate colon cancer test is not universally included as a screening tool and in part because of a perceived higher cost. So, this is just another tool in the arsenal against our fight of cancer. Cancer has touched my family personally seven to eight times in the last four years, which is a high risk of cancer and I’m sure we all can identify. And I ask my colleagues for support of Senate Bill 1417.”

“Thank you. Is there any discussion? The Lady from Cook, Representative Mulligan.”

“Thank you. Further discussion? The Gentleman from Vermilion, Mr. Black.”

“Yes, Sir, he yields.”

“Representative Black, I would love to answer you, but I’m not able to at this time, so, I don’t know. I don’t know.”

“Yes, Sir. I did. I don’t know what changed their mind, may be a sense of right or may be Ms. Mulligan got a chance to say something to ‘em. I don’t know.”

“Mr. Black, I’m going to recognize Mr. Mautino and I understand he may be able to answer your question.”

“Mr. Mautino.”

“Thank you, Representative Novak. And Mr. Black to your question. In the original Bill there was some discrepancy on who would decide when the… when the tests or which tests would be applicable. And so, what Amendment #2 does is says the physician has to recommend which tests would be covered and that’s the actual difference. Before there was a protocol and it would be patient decision and then the concern that was brought about and then the opposition was taken away when the groups got together and said the physician just has to say this is the test that you need. And so that’s what the Amendment does in my understanding of what that… most of the objections were taken away.”

“It changed the word to actually ‘physician recommended’.”

“That’s exactly what it does.”

“To the Bill.”

“Is there any further discussion? The Lady from Cook, Representative Davis. Monique Davis.” Davis, M.: “Thank you, Mr. Speaker. I stand to support the Gentleman in this Motion. I’m proud to be a cosponsor. This is one of those diseases that is totally curable and totally correctable. If people have those examinations and any indication is found, with early treatment it will save the insurance companies beaucoups of dollars. Without treatment the insurance companies will be paying lots of money over a long period of time and still possibly lose 09300066.doc 49  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 that patient. This is one of those pieces of legislation in which we can proudly, proudly say to the State of Illinois and its citizens that we really are doing our very best by you. I urge an ‘aye’ vote.”

Speaker Novak: “Is there any further discussion? Mr. Washington to close.”

“Thank… thank you, Mr. Chairman and thank my colleagues for their time. I also wanted to make known for the record that the Illinois State Medical Society also is a proponent of this legislation and not neutral. And I ask and urge my colleagues to support me in any way that they can for us to defeat this thing called cancer. Thank you, Mr. Speaker.”

“Thank you. The question is, ‘Shall Senate Bill 1417 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Bost. Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 1417 is hereby declared passed. The Gentleman from McDonough, Mr. Myers. Excuse me. The Gentleman from White, Mr. Phelps. Senate Bill 1527. Mr. Clerk, read the Bill, please.”

“Mr. Wi… Mr. Phelps.” 09300066.doc 50  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1527 is a Hunting Heritage Protection Act and more or less what it says is that the Governor shall submit a report to the General Assembly by October 1 of each year that describes the acreage administrated by the department that has been closed to recreational hunting and also the acreage administrated by the department that was open to recreational hunting to compensate for acreage closed due to hunting. I just… have any questions, I’d be glad to answer ‘em. And urge an ‘aye’ vote.”

“Is there any discussion? The Gentleman from Cook, Mr. Fritchey.”

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

“Sponsor will yield.”

“Representative, I’ve gotten a number of phone calls and e-mails from constituents in my district that were concerned about this Bill. I know Representative O’Brien had a Floor Amendment which came on this Bill yesterday. With that Floor Amendment are you aware, are the Humane pac and the various other animal rights groups, are they okay with this now?”

“Representative, in all due respect, I was not a fond believer of that Bill… of that piece of Amendment and it seems like all the players involved, as Representative Feigenholtz can attest to, that all the players involved is okay with that, with that language.”

“Well, thank you, I appreciate that.”

“Okay.” 09300066.doc 51  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Further discussion? Seeing none, the question is, ‘Shall Senate Bill 1517(sic-1527) pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. 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 108 voting ‘yes’, 6 voting ‘no’, 2 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 1527 is hereby declared passed. The Lady from Cook, Majority Leader Currie, on Senate Bill 1586. Mr. Clerk, read the Bill, please.”

“Thank you, Speaker and Members of the House. This measure would require local units of government to keep tape recordings, audio or video, of their closed sessions, keep those recordings for a period of 18 months, so that in the event that there is a serious challenge on the question whether the meeting was legitimately closed, a court in camera could examine the evidence and decide whether there were an issue of improper closure to that meeting. I’m sure you’ve all heard a lot about this Bill. I would have to suggest to you that the hype is overdone. This is a straightforward, simple requirement that happens in many other states. In the State of Oregon, I’m told, in fact, the requirement is that a member of the media sit in on a closed session just to make sure that no one’s breaking the law. I believe as you do that our local officials are 09300066.doc 52  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 doing a good job, a serious job of making sure that they follow the law, dot the ‘i’s and cross the ‘t’s. But I do think that sometimes people squirm over into improper arenas and some of them perhaps may not be as alert as they should be to the requirements of the Open Meetings Act. I think this is a simple provision, not an onerous one. And I’d have to tell you that Senator Chris Radogno has volunteered to buy a tape recorder for any unit of government that feels it can’t afford to buy one should this Bill become law. I’d be happy to answer your questions and I hope you will support this effort to bring a little sunshine into the operations of local government and to make sure that we have an opportunity to require the accountability and know that the people’s business is being done in a proper way, the kind of accountability that we demand throughout our government.”

“Thank you. Is there any discussion? The Gentleman from DuPage, Mr. Biggins.”

“Further discussion? The Lady from McHenry, Representative Kurtz.”

“Sponsor yields.” 09300066.doc 53  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“I’m sorry. I’m sorry, Speaker, I couldn’t hear the question.”

“Well, I would assume that the local unit of government would store this tape safely, just the way they store employee records of disciplinary action or issues involving land acquisition when those issues have not yet become public. There are many documents, many items within the control of local government that are sensitive and that local government would want to make sure do not become available to the casual passerby. And I would certainly suggest to local governments that they keep the little cassette under that same lock and key that they keep valuable, confidential information today.”

“Thank you.”

“Further discussion? The Gentleman from Macon, Mr. Mitchell. Bill Mitchell.” Mitchell, B.: “Thank you. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill.”

“To the Bill.” 09300066.doc 54  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 Mitchell, B.: “Members of the House, I rise to support this legislation and commend the Majority Leader. My background before I came to the Illinois House was on the city council in the City of Decatur. I spent nine years there. In the last few weeks I’ve been hearing from a lot of my local officials who’ve been expressed some concerns. After explaining the verbatim Bill I told them I don’t think they have anything to worry about. I think this Bill really helps local officials, it safeguards them. And I wanna commend again, the Majority Leader for sponsoring this. This is just a good legislation, it’s a good Bill. And I urge an ‘aye’ vote.”

“Further discussion? The Gentleman from Macon, Mr. Flider.”

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

“The Sponsor yields.”

“Representative Currie, one of the concerns I have and I speak about this because of my involvement in local government as a trustee and as a mayor is that sometimes during closed proceedings we have a need to talk about personnel matters, disciplinary matters, matters that are extremely personal to the person involved and certainly while a body of government may have supervisory responsibilities it cannot avoid having certain kinds of discussions with regard to personnel matters. And I was wondering in your opinion, what kinds of safeguards there are under this Bill to ensure that those kinds of 09300066.doc 55  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 discussions would not be made public for the safety of the person involved?”

“Well, first of all, Representative, I would imagine that if there are discussions… if there are decisions, disciplinary actions, for example, that are taken against an employee, that written record today would be available to the public body and would be kept from public view. And I would say that the same discussion on this audio tape would also be kept from public view. This material would only be available to a judge in chambers if there were a serious enough allegation that a meeting had been improperly closed that the judge felt checking the evidence was worthwhile. Note that under this Bill, a disgruntled employee for example, feeling as if he or she had not been promoted for improper reasons or had been fired improperly, they would not have access to the material on this tape recording in order to bring that separate charge. The only way that this material becomes open is through a judge and only on the question, was that meeting properly or improperly available for closure. So, I think the concern about whether the tape recorder comes into inappropriate hands is one that local governments face day in and day out. Sensitive materials about the possibility of land acquisition, where you don’t want the owner to know that you’re looking before you establish a price, sensitive information about employee substance abuse, for example, that material is in your files and you certainly don’t want that material to become available to any Tom, Dick or Harry 09300066.doc 56  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 who happens by the village hall. So, I think that the protections first of all, that complaints only deal with the issue whether the meeting should be closed and the kind of materials that local governments currently have within their possession that they know they must keep under lock and key, the same would apply to this tape recording.”

“Thank you, Representative. If I might ask one other question. It relates to how… why one might believe that something might have occurred or a discussion that should not have occurred in the closed session had occurred. How would one come to that conclusion to actually go to the length to have a judge examine the tape?”

“I think the idea would be, first of all, were a public body to take an action in open session that perhaps there had been no public discussion about in an open meeting that someone might suspect that the determination had been reached behind closed doors, even if it were not a subject that would entitle the local government to close the session from public view. Second, there might be scuttlebutt, maybe somebody tells somebody who tells somebody that something improper went on at a public meeting. Maybe that somebody was not there or it was somebody who decides not to come forward with that allegation. Again, a judge would have to see some significant reason even to look at the tape, even to begin to listen to it under this Bill and as I say, sometimes the trigger might be a decision that seems to be groundless in terms of public discussion… open discussion within the 09300066.doc 57  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 public body or information that comes either from a member of that public body or someone who has inside knowledge.”

“Thank you, Representative.”

Speaker Novak: “Further discussion? The Lady from Cook, Representative Krause.”

“To the Bill.”

“Further discussion? The Gentleman from Lake, Mr. Mathias.”

Speaker Novak: “Further discussion? The Gentleman from Winnebago, Mr. Sacia.”

“Sponsor yields.”

Speaker Novak: “Further discussion? The Gentleman from Vermilion, Mr. Black.”

“Sponsor yields.”

“I have not heard anything about this Amendment. I don’t… I don’t believe that I did, but I can’t imagine that 09300066.doc 63  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 a court would make available information that is subject to the attorney-client privilege. As far as I know, judges tend to be lawyers and they tend to understand better than I do, a lay person, the meaning of the attorney-client privilege. And I would be happy to look at that issue down the road, Representative, but I was not aware of that issue.”

“Could… could I just ask a question of you? Are you talking on page 2? I don’t have the longer number. Line 19 on the… on page 2?”

“There was some discussion of that. I don’t know why… I don’t know why we would want to say that the court ‘shall’, even if the court believes for example, that the petition is a frivolous petition. I mean, if someone comes along with a wacky charge about a meeting that was closed, I would want the court to be able to dismiss it without having to go and listen to the tape recording in camera. Now, that issue was discussed by the press association with me and my view was that was not an Amendment that would’ve protected public bodies under this Act. So, that was my response and they seemed to think that that was probably 09300066.doc 64  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 accurate. The second issue you raised is not one that was posed to me. The first issue, whether the court ‘must’ listen to the tape recording or whether the court has discretion to toss out the suit, seems to me we’re better off with ‘may’ than ‘shall’.” Black: “All right. Thank you very much, Representative. Mr. Speaker, to the Bill.”

“To the Bill.”

“Thank you. Further discussion? The Lady from Lake, Representative Ryg.” 09300066.doc 66  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Thank you, Mr. Speaker. To the Bill.”

“To the Bill.”

“I’m a former village clerk trustee and county official and I fully support government business being conducted openly and in full view of the public. In those positions I’ve benefited from training from experts in the field, including former Attorney General Jim Ryan, who offered information on the Open Meetings and Freedom of Information Act. And these Bills are very critical to the conduct of open business. I’ve always spoken out against violations of these laws and have been frustrated by those who blatantly ignore or abuse them. However, I am unable to support Senate Bill 1586 as an effective measure to prevent these kinds of actions. As has been stated, the exemptions to the Open Meetings Act are legitimate and discussion allowed in closed session under current law should be held without the concern that what is being said is being recorded word for word. The press association has cited examples that are clear violations of the Act, that there has been little or no enforcement of the existing law and adding additional requirements will not change the fact that these violations will probably continue. The other common practice to circumvent the law is to meet two-on-two or whatever number is less than a majority of the quorum. Such discussions do promote miscommunications. And as chair of the Illinois Municipal Clerks Legislative Committee, I offered this testimony when similar legislation was proposed ten years ago in 1993. Clearly, 09300066.doc 67  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 not much has changed in those ten years. I would propose that work be done with the press association to address their concerns through increased awareness and enforcement of the Open Meetings Act as written. I respectfully request that you join me in voting against Senate Bill 1586 and redirect the attention to where it belongs and that’s in stopping the violations, not burdening those who… in the majority who are in compliance with the law. Thank you.”

“Further discussion? The Gentleman from Cook, Mr. Scully.”

“Thank you, Mr. Speaker. To the Bill.”

“To the Bill.”

“Ladies and Gentlemen of the House, I rise in support of this Bill, but most specifically I wanna respond to the questions raised by a prior speaker about the use of the wo… the permissive word ‘may’ as opposed to the declarative word ‘shall’. In the specific context of this sentence it is very appropriate that the statute provide that the court ‘may’ conduct such in camera examination as the court deems appropriate. There’s also a possibility that the court is going to find that no in camera review is appropriate because there might be other basis for simply disposing of the lawsuit on a Motion to Dismiss. The statute as written is… the Bill as written is very proper. I commend the Sponsor for bringing this to our attention and for carefully reviewing and explaining to me the analysis and the grammar for the Bill as written. Thank you very much, 09300066.doc 68  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 Leader Currie. And I ask for your support for this Bill. Thank you.”

“Thank you. Is there any further discussion? Representative Currie to close.”

“Thank you, Speaker and Members of the House. I think we’ve had a full and fair and frank discussion about this effort to let the sun shine in on the activities of local governments. Concerns that people will not be able to express themselves freely are overblown. In fact, I heard from a trustee of a local village in northern Illinois who said that his colleagues didn’t agree, but he thought that this change would be a healthy change. He said, that often in the closed meetings people decide to veer off and talk about things that are not appropriate in a closed meeting and he thought that to pass this law would put them on notice and see to it that when they’re doing the chit chat and when they’re doing the other kinds of conversation, they either do it in public or they do it in private. They do it behind their closed doors, not as part of a public meeting. Second, we’ve heard a great deal about the wonderful volunteers who help us at the local governmental level and I am delighted to have them. But I have to suggest that if we trust the volunteers to spend hundreds of thousands of dollars in their local school systems or park boards properly, if we trust them to be accountable to the way they spend our public dollar, we can trust them to respond to the requirements of the State Opens(sic-Open) Meetings Act. Finally, Speaker and Members of the House, 09300066.doc 69  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 just for the record, it isn’t just the press association that supports this Bill, this Bill also has support from the Independent Voters of Illinois and from our State Attorney General, Lisa Madigan. I believed her… her predecessor, Attorney General, Jim Ryan, supported the same measure when it came up in this House and passed overwhelmingly two years ago. I look forward to your ‘yes’ votes on Senate Bill 1586.”

“The question is, ‘Shall Senate Bill 1586 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Coulson. Mr. Brauer. Mr. Clerk, take the record. On this question, there are 72 voting ‘yes’, 20 voting ‘no’, 24 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 1586, is hereby declared passed. The Gentleman from Cook, Mr. Brosnahan, on Senate Bill 1621. Mr. Clerk, read the Bill. Mr. Brosnahan.”

“Mr. Speaker, if you could move that… I’m sorry, Mr. Sp…”

“Mr. Brosnahan.”

“Mr. Speaker, if you’d move that Bill back to second for purpose of an Amendment.”

“We’re on the Order of Third Readings right now. We’ll have to get back to you later, Mr. Brosnahan. Take that Bill out of the record. Majority Leader Currie, 09300066.doc 70  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 Senate Bill 1592. Representative Currie, Senate Bill… Out of the record. Senate Bill 1740, Mr. Rita from Coo… the Gentleman from Cook. Mr. Clerk, read the Bill, please.”

“Mr. Rita.”

“Thank you, Mr. Speaker. Senate Bill 1740 is a quick-take for the Village of Crestwood which is… falls within my district. It’s for an economic development within a TIF district. I would entertain any questions.”

“Is there any discussion? The Gentleman from Villian… from Vermilion, Mr. Black.”

Sponsor will yield.”

“It’s for one.”

“Correct.”

“There’ve been talk of that, this doesn’t pertain to that though.”

“Right now, there’s 11 parcels of land within this TIF district for a Super Wal-Mart or Super Menards and a Wal- Mart and one of the parcels everybody… ten of the eleven are all in agreement except for the one which…”

“They… they… they’ve been going through this process and this was a request by the mayor and the people from that area to go on with this economic development which would bring about 2,000 jobs to this area.”

“I think they’re gonna go into a joint venture with the developer in this.”

“From how it was explained to me.”

“As far as my concern, no.”

“To the Bill.”

“Further discussion? The Gentleman from Cook, Mr. McCarthy.”

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

“Sponsor’ll yield.”

“Representative Rita, in response to our friend from Vermilion you had said that this was not for a riverboat or casino. My question is who did you get those assurances from?”

“From the village.”

“From the village, would that be the village board or the mayor…?” 09300066.doc 74  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“From the… from the… the representative from the village that I’ve been dealing with through this issue where this Bill came from.”

“Okay. Now is this direc…”

“And he assured me that it… they assured it was for a Super Menards and a Wal-Mart.”

“Okay. Now, of course you’re a south suburban Legislator like myself, and I’m sure you’re aware of the stories about a Wal-Mart going in the property in Country Club Hills along Cicero between Cicero and Pulaski at 167th Street. Are you aware of that…”

“No.”

“…information? Okay, well that’s been in our local papers and I just got off the phone with Mayor Dwight Welch from Country Club Hills who informed me that they have signed agreements with Wal-Mart and they hope to start the construction as early as this summer. So, the likelihood of Wal-Mart Corporation putting a store at 167th and Cicero and then another one at approximately 135th and Cicero would be, ya know, somewhat doubtful, but it still could happen. The other Menards that you’re talking about would replace a Menards that’s about three blocks away. Correct?”

“Correct.”

“Okay, so as far as the job creation it would probably be minimal because they’d be closing one store and then opening another store that may be larger, but as far as any real job creation…” 09300066.doc 75  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“It’s gonna be… they’re gonna make it a Super Menards.”

“A Super Menards. Did anyone give you information as how many more employees are at a Super Menards as opposed to a regular Menards?”

“They said it would be about 2,000 for this whole project, 2,000 more jobs.”

“And how many are in the current Menards?”

“That I don’t know.”

“Okay. So, ya know one of the issues about quick- take legislation and I did confide in you that I’ve been against most quick-take legislation for my seven years here, is that there should be some public good or public use of the land, I mean other than, it sounds like one private property owner now going over to another private property owner, being Menards or Wal-Mart. So, what is the… what is the public use?”

“What it… what it is… what they’re intervening is just to come in to move this process this along. I don’t know what the public intent… it’s just that they were going into a joint…”

“Well, see a lot of our quick-takes are like private…”

“Yes and I…”

“…private land that’s…”

“And I understand everybody’s concern when they mention quick-take, that people are gonna come in and take their property. But they’ve been working… trying to work this 09300066.doc 76  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 out through this and to keep this development going this was the resort that they led to.”

“Okay. In response to the Representative from Vermilion, you had said that ten out of the eleven land owners have been very agreeable? Has… you said in response to Representative Black, you said that ten out of eleven have been very agreeable. Is that true?”

“Yes.”

“Okay. Have they signed contracts for the sale of their property?”

“Yes, they’re all in agreement of selling.”

“Okay, so… but you…”

“The only…”

“…created the area…”

“Go on.”

“Okay, you created the area of this quick-take including the ten properties that you say there’s already an agreement for sale for those ten properties. It would seem like if you’re only having proper… ya know, problems with one, why would you not make the quick-take just for that one property?”

“The way the property is outlined they just outlined it within that whole TIF district there to do the quick-take.”

“Yeah, but if I was one of the landowners…”

“I don’t… I don’t know…”

“…who had agreed… I mean right now it’s private property. They’re selling their private property to this developer, correct?” 09300066.doc 77  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Yes.”

“Okay.”

“They could’ve done that, but they just included it ‘cause originally it’d started in the Senate and they had… it was defined as the whole Village of Crestwood which they defined it just down to this TIF district within this specific area from 135th and Cicero to Keaton, from Route 83 to Cicero, within that block.”

“Okay. Now, can you tell us that those ten properties, are there signed contracts with a sale price for those land owners?”

“As far as I’m con… what I was told everything… it was agreed upon. There’s eleven parcels, all ten are in agreement with the price, they came forth with the eleventh one which he won’t settle that he’s looking for like $9 million on a piece of property that was appraised at 1.7 million and they offered him 3.4 million for that piece of property and he’s stating that he wants 9 million.”

“Okay, but the question…”

“Eight to nine million.”

“The question verbatim, as in the verbatim records Bill…”

“But…”

“…was, do you know that there are actual contracts…”

“As far as I can say…”

“…signed…?”

“…yes, that everything is with them ten properties is ready to go.” 09300066.doc 78  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“So, if those contracts…”

“It’s just the one piece… once piece of parcel is the only thing holding this up.”

“And if those ten contracts are not signed would you say because of this answer being somewhat misleading, you would ask the Senate Sponsor not to concur with this Amendment if we can’t prove before he does it that there are ten contracts out there? These are property owners that have negotiated the best price and I see this quick- take, all of a sudden they lose a lot of their ability to sell because, ya know, if they have those ten contracts already signed…”

“As far as I’m concerned everybody’s in… there is the contracts, whether they’re signed or not I didn’t get to that point, but I can get back to answer that for you.”

“Now, basic agreements and actually signed contracts, of course, are…”

“Yeah.”

“…are two different things. Now, there is land across the street from this quick-take property, correct?”

“Correct.”

“And that’s owned by Metropolitan Water Reclamation?”

“Correct.”

“Do you know if that property is scheduled for… have they given up on a casino or a riverboat or anything on that property or is… they’ve only given it up on this property?” 09300066.doc 79  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“It states on the bottom of this Bill that the quick-take would not take away from any other local government.”

“Well, they can’t take it because it’s not in the geographical…”

“Yeah, I know.”

“…description of this property, so I mean, I read that thing, but I’m saying well, is there any other, I mean, that brings up a good question. Is there any other unit of government that’s inside the quick-take…”

“No.”

“…property?”

“No.”

“Okay, so adding that line really didn’t do anything, did it?”

“They… they were all concerned that the… Metropolitan Sanitary District was concerned about that so that’s why that line was added in there.”

“But they weren’t in the district.”

“No. So it didn’t matter if it was on there or not, but it was added in to there.”

“Okay, but there are discussions for some kind of a casino or riverboat on the Metropolitan Water Reclamation?”

“Yes.”

“So, this property would be basically adjacent…”

“Adjacent.”

“…to it and could be used for other things to coordinate like a hotel or something that…” 09300066.doc 80  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“It could be. It’s across from that property that they were talking about for the riverboat.”

“Okay. Well, ya know, I hope that the ten contracts are signed. I hope those people got the best deal for their property. I still think that the eleventh person has the right to get what he thinks is the best deal for his property. I mean, when it’s your own personal property, given the power of a local village to come in there and tell the man, take this offer or else we’re just gonna quick-take it away, I think it’s a dangerous precedent and I would think that at this time I’d ask the Body to vote ‘no’ on this measure. So, thank you for your answers.”

“Yeah.”

“Is there any further discussion? On this ques… Excuse me, the Gentleman from Cook, Mr. Molaro.”

“Yes, I’ll be as brief as I can. From… maybe this has gotten away from us a little bit, but from what I understand of this, some village is moving forward and a lot of villages in the south suburbs have a very hard time attracting the economic development. They created a TIF. They’re looking at a Super Menards and a Wal-Mart. They’ve made deals with all the property owners and the money given this individual apparently is fair market value. Apparently, he doesn’t wanna move forward with this, doesn’t wanna move his business, which nobody really does when there’s… whether it’s eminent domain or quick-take with the speed. The only reason I feel that there is… there is some speed to this or emergency as the previous 09300066.doc 81  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 Representative said, if Super Menards or Wal-Mart or a Home Depot, if you don’t deal with them in a timely fashion you as village are gonna come up to ‘em and say, yeah we’d like to ink a deal but it might take three or four years, they’re off somewhere else. This allows this deal to take place. It’ll bring over 2,000 new jobs. The construction, even though there may only be a thousand new jobs, knocking down and building a whole big Super Menards creates many, many jobs for the construction industry. And I think it’s as good of an idea as any other quick-take that we’ve fought through this. Quick-takes are quick-takes, we know what they are and this is no different than the ones we have passed previously. Thank you.”

“Further discussion? Mr. Rita to close.”

“Just asking for a favorable vote.”

“The question is, ‘Shall Senate Bill 1740 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Hoffman. Mr. Clerk, take the record. On this question, there are 28 voting ‘yes’, 86 voting ‘no’, 3 voting ‘present’. And having failed to reach the required Constitutional Majority, Senate Bill 1740 is hereby declared lost. Mr. Lang. The Gentleman from Cook, Senate Bill 1493. Mr. Lang. Mr. Clerk, read the Bill, please.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. Senate Bill 1493 addresses the E2 tragedy in Chicago and the other nightclub fire in Rhode Island. It was written with the help of the state fire marshal and others. It deals with the issues of the use of pepper spray and mace and all those types of things. It talks about panic bars on the exits and is a good… a good start to make sure that our nightclubs in our state are safe. I would ask your support.”

“Is there any discussion? The question is, ‘Shall Se… The Gentleman from Cook, Mr. Fritchey.”

“Almost… I had the… Will the Sponsor yield?”

“Sponsor yields.”

“I had the misfortune of actually reading the analysis, here. Just one thing caught my attention, I want to clarify. Does… This Bill makes it a Class IV felony to use mace or pepper… pepper spray on the premises?”

“I believe that’s correct.”

“Would that be… would that apply to the use of that in a hostile situation where the use may, in fact, be justified and warranted? You know where I’m getting at obviously, is we all want there to be adequately trained security at these facilities and there are times when properly trained security would prudently use pepper spray in certain situations and as long as we distinguish what’s a proper and improper use it’s one thing, but I just don’t know if we wanna blanket prohibition.” 09300066.doc 83  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Well, this would prohibit the licensee or any of their employees from using mace or pepper spray or other toxics. I should tell you that the state fire marshal has signed on to this as something that he believes is an appropriate clause in this Bill.”

“The Bill’s gonna fly outta here and I understand, obviously, the tragic genesis of this but it just seems to be a very broad stroke with which we’re addressing a specific situation and to take a, you know, a potentially useful tool out of the hands of security. Yeah, I guess, one of my concerns is that if a violent incident does happen at one of these clubs and that security then comes in and says, ‘hey, we couldn’t do anything because we were restrained in taking action even if it was the warranted action to take and even if the action would have, in fact, saved lives.’ We would in turn make these people a felon by trying to do that.”

“It’s an interesting question, Representative, but I’m ready to move the legislation.”

“Enough said. Thank you very much.”

“Any further discussion? The Lady from Cook, Representative Davis, Monique Davis.” Davis, M.: “Representative, I just have one question. Is there anything in your legislation that prohibits the use of pepper spray inside a building?”

“Yes.” Davis, M.: “It’s in this legislation?”

“Yes.” 09300066.doc 84  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 Davis, M.: “What does it say, Representative?”

“Well, it says that it’s a Class IV felony for the… the retailer, meaning the person selling the liquor inside of a nightclub or restaurant or any of their agents or employees to use pepper spray. It does… it does not say anything beyond that.” Davis, M.: “Okay, that’s fine. Thank you very much.”

“Thank you.”

Speaker Novak: “Any further discussion? The question is, ‘Shall Senate Bill 1493 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. 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’, 0 voting ‘no’, 0 voting ‘present’. Having reached the required Constitutional Majority, Senate Bill 1493 is hereby declared passed. The Lady from Cook, Representative Graham, for what reason do rise, Ma’am?”

“Thank you, Mr. Speaker. Point of personal privilege.”

“Please state your point.”

“I’d like you guys to join in welcoming a school from the 78th District, Stevenson School, the eighth graders up in the balcony there. Please give us… them a warm welcome. Thank you.”

“Welcome to the House of Representatives. The Gentleman from Fulton, on Senate Bill 1754, Mr. Smith. Mr. Clerk, read the Bill, please.” 09300066.doc 85  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Mr. Smith.”

“Thank you, Mr. Speaker and Ladies and Gentlemen. We had this Bill yesterday when Mr. Black was trying to score several victories. I’ll briefly go through it again. This would create the Western Illinois Economic Development Authority similar to other economic development authorities that we have in the State of Illinois. This applies to 13 counties in western Illinois. We see it as an excellent tool for helping us grow our economy locally. I’d be happy to answer any questions.”

Speaker Novak: “Is there any discussion? Mr. Turner, the Gentleman from Cook.”

“Fini…”

“For what reason do you rise, Sir?”

“Mr. Speaker, I had a point of personal privilege. But I can…”

“State your point, please.”

“Well, I wanted to welcome the eighth grade class of Providence-St. Mel School in the City of Chicago. They’re in balcony here on the west side… east side. The eighth grade class of Providence-St. Mel.”

“Welcome. Mr. Smith, will you continue with your Bill. There any discussion? Mr. Black. Mr. Black had required… had inquired recently how many votes it would 09300066.doc 86  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 take for this Bill to successfully pass and Mr. Uhe has a ruling.”

Speaker Novak “Thank you. And the question is, ‘Shall Senate Bill 1754 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Graham. Mr. Beaubien. Mr. Clerk, take the record. On this question, there are 59 voting ‘yes’, 58 voting ‘no’, and 0 voting ‘present’. Mr. Smith.”

“Yes, Mr. Speaker, I’d like to ask that this be placed on Postponed Consideration.”

“Place this Bill on Postponed Consideration. The Lady from Cook, Representative Hamos, on Senate Bill 1881. Mr. Clerk, read the Bill, please.”

“Representative Hamos.”

“Thank you, Speaker, Ladies and Gentlemen. I’m proud today to present Senate Bill 1881 and would like to thank all the people who have come on as cosponsors and the people who are sitting up there who have worked so hard on this. This response to a very pressing issue for a group of what we call special recreation districts, these are park districts that serve disabled children, adults and 09300066.doc 87  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 seniors. There are a hundred sixty-four Illinois park districts and municipalities that have formed 25 of these intergovernmental agreements. This is a model for the entire nation. What this Bill will allow is a very modest tax levy that will help support the great work of these organizations. And I am available for questions and I seek your support.”

“Is there any discussion? The Gentleman from McHenry, Mr. Franks.”

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

“Sponsor will yield.”

“Representative Hamos, I wanna applaud you on what you’re trying to do because we all wanna help people with special recreation issues. We have a wonderful one in McHenry County, it’s the Northern Illinois Special Recreation Association. They do a wonderful job. What I’m worried though about your Bill here is what you’re allowing is for property taxes to be increased. Is that correct?”

“There is a possibility of a very modest tax increase. In most cases no more than two dollars per thousand. That would be the limit that’s already in the law.”

“Okay. And this would not be done by a referendum it would just be done my legisl… by this legislation which would allow the locals to raise taxes without a referendum. Correct?”

“Well, Representative Franks, the reason for that and what makes this a compelling Bill is that what makes special recreation districts unique is that they come 09300066.doc 88  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 together in a very efficient way. Multiple districts and municipalities come together to form these special recreation district, in fact it’s nearly impossible to expect that all of those park districts and municipalities would seek a referendum and pass referenda at the exact same time. And that’s why we almost have to do this by legislation.”

“Thank you. To the Bill.”

“To the Bill.”

“Reluctantly, I must rise in opposition to this, no matter how well-intentioned this legislation is, the problem we’re going to have is there are a lot of other groups out there that also need money and this is a slippery slope. And it might be two dollars a month for the special recreation districts and then next… next time it can be five dollars a month for another very worthy item and then another ten dollars. Before you know it we’ve added a hundred dollars a month to our already overburdened property tax. I believe that, at least in my county, our property owners pay much too much in property taxes. I can’t in good conscience vote to allow without referendum to have their property taxes increased again. If they wish to have their property tax increased it should go through referendum no matter how important and how well-intentioned this is. I think we’d be sending the wrong message. Let the voters decide for themselves if they wanna have increased taxes. I’d encourage you to vote ‘no’.” 09300066.doc 89  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Further discussion? Gentleman from Will, Mr. Meyer.”

“Sponsor’ll yield.”

“Yes, Representative Meyer, there are a hundred sixty-four park districts and municipalities that have formed 25 of these local intergovernmental agreements. So, in affects a hundred sixty-four but by very nature of what special recreation districts are, they are intergovernmental.”

“This year there will be 90 thousand people who will register for these programs, they are all disabled children, adults and seniors.”

“The average tax for a special recreation district currently is about two dollars per one thousand, so $100 thousand home pays two dollars. Under this Bill it will go up to a maximum of four dollars. So, it’s two additional dollars to provide these very important programs for disabled people.”

“Well, the… because these are intergovernmental agreements it would require a special recreation district to seek a referendum in multiple municipalities and park districts at the same time. That makes it virtually impossible for them to go through that process, but I also want to point out that these special recreation districts receive their authority before we passed the Federal Law for American Di… for Americans for Disabilities Act. So by virtue of the Federal Law, there are all kinds of new responsibilities and obligations that these park districts, these special recreation districts have had to assume. And that makes it another compelling reason to do it this way.”

“Well again, I think that the most compelling case for this Bill is that these are intergovernmental agreements 09300066.doc 91  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 and each of those taxing bodies would have to go to referendum in their own way, in their own community, with their own constituents and that makes it exceedingly difficult, if not impossible, for these special recreation districts to seek the very necessary funding ever since we implemented the Americans for Disabilities Act.”

“Well, I… Representative, I think I really tried to express how I feel about it and why it’s so important for us to move ahead with this legislation. It’s a very, very small incremental tax levy for a very important service for a group of municipalities and park districts that not be… that would not otherwise be able to get this kind of funding base.”

“I am not aware of any, no.”

“This legislation only deals with the property tax cap issue and I am not aware of whether or not additional fees might apply in some circumstances.” 09300066.doc 92  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“I’m sorry, I’m not aware of… of that.”

“Well, under this Bill, the Chicago Park District will be allowed to form a special recreation district and seek a very small levy for their own disabled services. And I do want to point out that the Chicago Park District has not been able to renovate their field houses or to provide these very vital services, because they have not been able to secure the funding to do that. So, it’s disabled people who have not been able to benefit from these park district programs.”

“Further discussion? Ms. Hamos to close.”

“Thank you. Ladies and Gentlemen, again I thank all of you who have been cosponsors, this is a very important Bill to help a very important service that will benefit 90 thousand disabled children and adults this year through park district facilities. And I encourage an ‘aye’ vote. Thank you.”

“The question is, ‘Shall Senate Bill 1881 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all 09300066.doc 93  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 voted who wish? Have all voted who wish? Mr… Have all voted who wish? Mr. Clerk, take the record. On this question, there are 72 voting ‘yes’, 42 voting ‘no’, 3 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 1881 is hereby declared passed. The Gentleman from Macoupin, Representative Hannig, on Senate Bill 1980. Mr. Clerk, read the Bill, please.”

“Mr. Hannig.”

“Yes, thank you, Mr. Speaker and Members of the House. This Bill deals exclusively with the Lincoln Land Community College. And this is the largest community college in the state based on square miles and we elect seven trustees throughout the district and as most community colleges do now, they’re elected at large. Representative Watson and I have been working on a concept that actually is modeled after what Representative Holbrook did previously in a community college in his district and that’s to allow the trustees to be elected by districts based on equal population, sub-districts. And so, this proposal would begin a transition from a community college here in Springfield, Lincoln Land Community College, where we have seven trustees elected at large to a system where we’ll have seven trustees elected in seven separate, equal districts that are spelled out in the law. So, I worked with Representative Watson on the Bill and others who 09300066.doc 94  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 represent the district. We worked with them to try to make sure that the lines are as fair as anyone would want. And so that’s what the Bill is about. It only affects Lincoln Land. I’d be happy to answer any questions. I’d ask for your ‘yes’ vote.”

“Is there any discussion? The Gentleman from Sangamon, Mr. Poe.”

“Sponsor yields.”

“Yeah, Representative, you may recall I actually introduced a House Bill early on in the process and I’ve talked to some but not all the trustees. A number of the trustees, at least one of the trustees were quoted in the paper saying, that they didn’t think they had the expertise or the money to actually set up these districts and so that’s why I’ve also taken it upon myself working with you and Representative Brauer and Representative Watson to try to set up… at least set up districts that we think are fair.”

“No, it’s… yeah, it’s the same map that I shared with you and Representative Watson and Representative Brauer and you made some… gave me some suggestions and I think 09300066.doc 95  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 Representative Brauer and Watson did and we kinda made it a better map in my view, but it’s the same map.”

“Any further discussion? The other Gentleman from Sangamon, Mr. Brauer.”

“Sponsor’ll yield.”

“Representative, ya know, we’ve been… I’ve introduced this Bill as a House Bill, I’ve tried to work with anyone who would come forward, yourself, Representative Poe, Representative Watson’s a cosponsor with me, ya know we’re coming to the last week and I think we just need to move this process along. And for that reason, ya know, I’m just asking that we vote on it now.”

“Yeah, Representative, I think we’ve tried to work to set up a process that will be fair to everyone, that will give people all around the district, particularly in the rural areas like Representative Watson and I and to… and you represent, an opportunity to serve on the board. 09300066.doc 96  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 Someone from the agricultural community would have a chance to actually win one of these seats, so I think we’ve tried to address the concerns and at this point I’d just be happy if we could get a… an affirmative vote.”

“Representative, I think that that’s part of the problem that we face in the district where almost all the board members live within… live within a stone’s throw from each other.”

“Well, Representative, I think most all the trustees would live one… one representative… one district would have one, over in Jacksonville, and within Sangamon County, all the rest of the trustees would be within those districts, the other six. And…”

“Repre… Representative, I have to tell you I didn’t draw this map with an intention of trying to favor one person or another, we were just trying to draw the map to be fair and set it up based on population. So, I really didn’t put little flags on the map or anything and say, well, let’s take care of this trustee or that trustee. In fact, in my view, part of the problem we have in this district is that it’s the biggest district in the state in 09300066.doc 97  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 square miles and yet six out of the seven trustees live within a stone’s throw of each other.”

“Further discussion? Seeing none, the question is, ‘Shall Senate Bill 1980 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Milner. Mr. Clerk, take the record. On this question, there are 74 voting ‘yes’, 42 voting ‘no’, 1 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 1980 is hereby declared passed. On page 8 of the Calendar there is Senate Bill 24. The Lady from Cook, Representative Soto. Mr. Clerk, read the Bill, please.”

“Representative Soto.”

“Thank you, Speaker and Members of the House. Senate Bill 24 amends the Transmitters of Money Act. It includes stored valued cards within the scope of the Act. Senate Bill 24 also requires licensees to submit additional information regarding proposed authorized sellers to the Department of Financial Institution. It also creates TOMA, T-O-M-A, Consumer Protection Fund as a special fund in a statewide treasury and provides that an assessment of one cent per money transmission be paid into a fund. Monies in that fund are to be used to reimburse consumers who 09300066.doc 98  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 suffered losses arising out of a regulated transaction. The Bill also amends the State Finance Act and adds TOMA Consumer Protection Funds to the list of special funds. And I urge your support. Thank you.”

“Is there any discussion? Seeing none, the question is, ‘Shall Senate Bill 24 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr… Mr. Clerk, take the record. On this question, there are 71 voting ‘yes’, 43 voting ‘no’, 3 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 24 is hereby declared passed. On page 8 of the Calendar, Senate Bill 130. The Lady from DuPage, Representative Pihos. Mr. Clerk, read the Bill, please.”

“Representative Pihos.”

“Thank you. Is there any discussion? Seeing none, the question is, ‘Shall Senate Bill 130 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. 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… 117 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. Having reached the required Constitutional Majority, Senate Bill 130 is hereby declared passed. The Gentleman from St Clair, Mr. Holbrook, on Senate Bill 212. Mr. Clerk, read the Bill, please.”

“Senate Bill 212, a Bill for an Act concerning civil procedure. Third Reading of this Senate Bill.”

“Mr. Holbrook.”

“Thank you. Senate Bill 212 is the reauthorization of the quick-take for the Southwest Development Authority. This has been held for 14 years. We missed it last year at the very end of Session. The Senate sent the Bill back on the reauthorization. We didn’t have time to get to it the last day. It also includes House Amendment #1, which was put in at the request of Representative Bassi, for an extension of her Palatine… quick-take for her TIF and a small expansion into TIF #2 in Palatine. And Floor Amendment #2 is at the request of Representative Granberg, which allows Clinton County to join this organization at their request. Be glad to take any questions.”

“Is there any discussion? The Gentleman from Fayette, Mr. Stephens.” 09300066.doc 100  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“To the Bill.”

“Thank you. Any further discussion? The La… the Gentleman from Cook, Mr. Davis, Will Davis.” Davis, W.: “Thank you, Mr. Speaker. Will the Sponsor yield?”

“Sponsor yields.” Davis, W.: “Just one question, Sir. I was reading the analysis and this organization is in southern Illinois in the Belleville area, but apparently there is a provision for Palatine, which is the northern part of the state. Are these the only two areas affected by this piece of legislation?”

“The Metro East and Palatine, yes. And it was at Palatine’s request of their Representative, yes.” Davis, W.: “Okay. ‘Cause I remember a piece of legislation that also actually included Crestwood. Is this that same piece of legislation?”

“No, no.” Davis, W.: “So, it’s just those two areas?”

“Just those two areas, only.” Davis, W.: “Okay. Thank you very much, Sir.”

“Thank you. Any further discussion? Seeing none, the question is, ‘Shall Senate Bill 21… 212 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. 09300066.doc 101  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 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 60 voting ‘yes’, 5… there are 59 voting ‘yes’, 57 voting ‘no’, 1 voting ‘present’. Mr. Holbrook.”

“I ask for future consideration, reconsideration.”

“Place this Bill on Postponed Consideration. On page 9 of the Calendar, the Gentleman from Cook, Mr. Brosnahan, on Senate Bill 278. Mr. Brosnahan. Out of the record. Mr. Saviano, the Gentleman from Cook, on Senate Bill 487. Mr. Clerk, read the Bill, please.”

“Mr. Saviano.”

“Is there any discussion? Seeing none, the question is, ‘Shall Senate Bill 487 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. 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 112 voting ‘yes’, 5 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 487 is hereby declared passed. Senate Bill 496, the Gentleman from DuPage, Mr. Biggins. Is Mr. Biggins in the chamber? Out of the record. Senate Bill 684, the Gentleman from Cook, Mr. Saviano. Mr. Clerk, read the Bill, please.”

“Mr. Saviano.”

“Is there any discussion? Seeing none, the question is, ‘Shall Senate Bill 684 pass?’ All those in 09300066.doc 103  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 favor vote ‘aye’; all those opposed vote ‘no’. 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’, 0 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 684 is hereby declared passed. The Gentleman from Cook, Mr. Molaro, on Senate Bill 699. Mr. Clerk, read the Bill.”

“Mr. Molaro.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is the Electronic Attendance Act. Provides that members of public bodies may attend meetings by electronic means subject to certain rules and restrictions and amends the Open Meetings Act to allow members of a public body to attend meetings by electronic means. It also has requirements of certain notices and other safeguards in the Bill. There are no known opposition, and this is being…”

“Is there any discussion? And on that question, the Gentleman from Lake, Mr. Mathias.”

“The Sponsor yields.”

“No, sometimes to get a quorum… First of all, you have to give notice, it has to be 48 hours in advance. And what it can be by teleconference or by speakerphone, it… to get a quorum it can be said that a seven mem… seven-member board, no more than two members can do this by electronic means. But you can attend the meetings by electronic means for say, purposes of a quorum. So, if it’s a library board and there’s seven members and you have four there and one’s in their hotel room somewhere, then they can attend by electronic means.”

“No, there can be no more than two.”

“Well, I don’t know… you mean about that previous Bill that passed?”

“I don’t… I don’t even know if the Governor’s gonna sign that. So, I don’t even know why even talk about something that may not happen?” 09300066.doc 105  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Well, if it’s attendanced by me, if they went into executive session, apparently it would still apply.”

“Because when you go into executive session you really don’t move, you just have everybody leave the chamber, usually.”

“They actually go into a different room.”

“Right, they do. And they would, apparently if he wants to take part at executive session, or she, they’d have to bring in whatever electronic means they could. Otherwise they’re not taking part in executive session.”

“Further discussion? Seeing none, the question is, ‘Shall Senate Bill 699 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk. Mr. Fritchey. Take the record. On this question, there are 116 voting ‘yes’, 1 voting ‘no’, 0 voting ‘present’. And having received the required Constitutional Majority, Senate Bill 699 is hereby declared passed. The Lady from Cook, Representative 09300066.doc 106  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 Krause, on Senate Bill 726. Mr. Clerk, read the Bill, please.”

“Representative Krause.”

“Is there any discussion? The Gentleman from Cook, Mr. Miller.”

“To the Bill. I’d just like to…”

“To the Bill.”

“…commend the Sponsor for her continuous work on this issue. This House had passed a transportation… a Bill similar to this, with the addition with the Members of 09300066.doc 107  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 Congress it provides an input on all levels of government which I think is important to our transportational needs in the region of, not just in Cook County, but all across the state. I’d ask for a favorable vote.”

“Thank you. Any further discussion? Seeing none, the question is, ‘Shall Senate Bill 726 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. 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’, 0 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 726 is hereby declared passed. The Gentleman from Vermilion, Mr. Black, on Senate Bill 750. Mr. Clerk, read the Bill.”

“Mr. Black.”

“Thank you. Is there any discussion? The Gentleman from Clinton, Mr. Granberg.”

“Thank you, Mr. Speaker. From Kankakee. To the Bill, Mr. Speaker. I applaud Representative Black for his efforts. I, too, have a community college and as Representative Black indicated in our areas in southern Illinois and central Illinois when we have layoffs people have to go to these programs to be retrained. And it’s of critical importance. I know how much it’s utilized by my community college. Similarly, Representative Black is faced with a situation where they had the program in existence, this is their only alternative. So, for the best interest of that area and for that region, I think the Representative has a good idea. No community college is opposed to it and I think we all should stand with Representative Black in giving him the ability to assist his area.”

“Further discussion? The Lady from Peoria, Representative Slone.”

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

“Sponsor yields.”

“Representative Black, how far away is the community college from the University of Illinois Main Campus?”

“In Champaign.” 09300066.doc 110  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Does the University of Illinois have a nursing school as well, a baccalaureate nursing program at that campus?”

“Is there any precedent for offering a baccalaureate level course at the community colleges?”

“Right.”

“Thank you, Mr. Black.”

“Further discussion? Seeing none, the question is, ‘Shall Senate Bill 750 pass?’ All those in favor vote 09300066.doc 111  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 ‘aye’; all those opposed vote ‘no’. 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’, 1 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 750 is hereby declared passed. Is Mr. Hannig in the chambers? Out of the record. Senate Bill 1038, the Lady from Cook, Representative Howard. Mr. Clerk, read the Bill, please.”

“Representative Howard.”

“Yes, thank you, Mr. Speaker. Senate Bill 1038 is an initiative of the Illinois State Board. It changes the date by which a school district applies for the General State Aid. It’ll be effective July the 1st. It changes the times based on the end of school years. I’ll answer questions.”

“Is there any discussion? Seeing none, the question is, ‘Shall Senate Bill 1038 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. 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’, 0 voting ‘no’, 0 voting ‘present’. Having reached the required Constitutional Majority, Senate Bill 1038 is hereby declared passed. Mr. Hannig on Senate Bill 820.”

“Mr. Clerk, read the Bill.”

“Mr. Hannig.”

“Yes, thank you, Mr. Speaker and Members of the House. This is a cleanup Bill for the Teachers’ Retirement System and the language basically allows us to continue a program where teachers who take the 2.2 option can make the payments for that additional benefits even against their annuity when they retire. So, it’s something that we currently do. When we started the program we put a sunset in. It has worked well. The system has asked us to remove the sunset, to extend the sunset. It also, the Bill provides that there be some cleanup as far as some language on depositing of money into an account. It’s technical or it’s not a significant change. So, this Bill’s cleanup in nature. I’d be happy to answer any questions and ask for a ‘yes’ vote.”

“Thank you. Is there any discussion? And on that question, the Gentleman from Vermilion, Mr. Black.”

“Sponsor yields.”

“I agree with you Representative, that would be my view of what…”

“…we need to do.”

“I think you’ve ident…”

“Yeah, I think you’ve identified the problem and the…”

“…solution.”

“That’s correct, Representative.”

Speaker Novak: “Any further discussion? Seeing none, the question is, ‘Shall Senate Bill 820 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who 09300066.doc 114  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 820 is hereby declared passed. Senate Bill 1109, the Gentleman from Cook, Mr. Miller. Mr. Clerk, read the Bill, please.”

“Mr. Miller.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1109 essentially allows for prescription medications for a $3 co-pay and eliminating the co-pay for generic medications under the Medicaid Illi… Program in Illinois. I ask for a favorable vote.”

“And on that question, the Lady from Cook, Ms. Mulligan. Ms. Mulligan.”

“Sponsor’ll yield.”

“Actually, thank you for the question. This is actually an Agreed Bill with the Governor’s Office. The initial Bill the way it was… that it came over from the Senate, the cost was about $13 million and is reduced to $7 million with this Amendment. And it’s in the Department of Public Aid’s budget.” 09300066.doc 115  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“The co… the co-pay on a generic before was a dollar.”

“Brand name is $3.”

“Yeah, it’s gonna stay the same.”

“The… when the Bill was first presented the… the… the co-pay for brand names was $2, but the Amendment moved it back to $3 in addition to eliminating the co-pay for the generics.”

“Well, I think it’s… I think your argument is good, but the difference is it’s gone down from $13 million, with a $2 co-pay, to $7 million under an estimate with elimination. As you know when prescriptions are… prescriptions are filled the pharmacist is entitled to fill that prescription whether the person has the co-pay or not and so usually the pharmacist eats that co-pay if the person doesn’t have it and ya know, just out, ya know, what 09300066.doc 116  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 they do. And so what this Bill does do is help small businesses in addition to reduced… reduced what was in the budg… what was initially in the… the Bill.”

“Initial Bill.”

“Well, I think it helps… if anything it helps the pharmacist. Ya know, you’re not talking… you’re talking the mom and pops that are in… traditionally in some low income areas that they’re just forced to eat that co-pay. Even though it’s a dollar, it may not sound like a lot when we look at it. But however, as you know, many of our seniors are on multiple medications and you’re talking about over a series of months, and so there is the option of that person could use a brand name prescription and ya know, pay the $3 or name brand(sic-generic) prescription 09300066.doc 117  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 and pay nothing. I think that’s fair, I think that’s excellent and I… I think it’s a very positive move.”

“I don’t know if they’re gonna… yeah, I guess so.”

“Let me see if I can… You’re asking if it’s a Medicaid matched program, that I… that I do not know.”

“My understanding is, Representative, that it’s within the Department of Public Aid’s budget, it’s $8 million that’s been allocated for this.”

“I might not.”

“Now, I do understand your question.”

Speaker Novak: “Further discussion? The Lady from Cook, Representative Flowers.”

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

“Sponsor yields.”

“Representative, just for a point of clarification, people on Medicaid who cannot afford to pay the co-pay, in spite of this legislation, does not have to pay anyway. Am I correct?”

“That is true. Federal regulations provide that if they may not… any pharmacist may not deny services to any eligible individual on account of the individual’s inability to pay the cost of the sharing amount of the plan.”

“Okay. So now, what is the purpose of your legislation?”

“I’m sorry?”

“What is the purpose of your legislation?”

“It eliminates the co-pay for generic medications, so the person, ya know, is supposed to pay under current law a dollar for generic medications and therefore, it eliminates that for those who can… for those who… who are… who need the medication.”

“Okay. But for those who are on Medicaid, as I stated before, they do not have to pay a co-pay, period.”

“Well, they don’t have… the pharmacist is obligated to fulfill the prescription under law and so when you say they 09300066.doc 120  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 do not have to pay, no, they’re supposed to pay, but if someone cannot afford it, then usually the pharmacist will eat the cost.”

“Okay. I just… I don’t want the misinformation out there. When you say they’re supposed to pay, if they cannot afford to pay and they’re on Medicaid the pharmist(sic-pharmacist) can’t make them pay, they… the pharmist(sic-pharmacist) cannot withhold their prescription, he must fill their prescription and give it to them if they say I can’t afford to come up with the co- pay, period.”

“They… that’s… they… if they say they cannot afford to pay the co-pay then the pharmacist is obligated to pay… to fill the prescription.”

“To fill the prescription. The pharmacist doesn’t have to pay anything. Thank you very much.”

“Further discussion? Seeing none, the question is, ‘Shall Senate Bill 1109 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. 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 110 voting ‘yes’, 4 voting ‘no’, 2 voting ‘present’. And having reached a required Constitutional Majority, Senate Bill 1109 is hereby declared passed. The Lady from Cook, Majority Leader Currie, on Senate Bill 100. Mr. Clerk, read the Bill.” 09300066.doc 121  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Representative Currie.”

“Thank you, Speaker and Members of the House. A year ago we abolished the cost-of-living adjustment for Legislators, for members of the executive branch, and for the judiciary, as well. Unfortunately, it has since come to our attention that it was not within our purview legitimately, under the Constitution, to take the COLA, the cost-of-living increase, away from the judiciary. Let me read to you from the Illinois Constitution, Article VI, Section 14, ‘judges shall receive salaries provided by law which shall not be diminished to take effect during their terms of office.’ When the pay… the Compensation Review Board authorized a cost-of-living adjustment for the legislative, executive, and judicial branches in 1991, the report made absolutely clear that that cost-of-living adjustment was to be considered part of compensation, part of salary, in each and every year that ensued. So, the two issues in this Bill are first of all, the constitutional prohibition against disparaging, reducing, the salary of a sitting judge. And that provision is there so as to make sure we value the integrity and the independence of the judiciary, that we do not use the salary schedule to intimidate or to discourage them from using their best judgment, their best intelligence, their best judicial expertise when they are trying cases. Second, the reason 09300066.doc 122  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 that provision is relevant is precisely because when the Compensation Review Board established the schedule for cost-of-living adjustments they did so as a promise, not just a ‘maybe’, from 1991 going forward. I would appreciate your support for the Bill. I would be happy to answer your questions. I do believe, Members of this chamber, that we have no constitutional choice but to vote ‘yes’ on Senate Bill 100.”

“Is there any discussion? On this question, the Gentleman from Vermilion, Mr. Black.”

“Further discussion? The Lady from Peoria, Representative Slone.”

“I agree with Mr. Black.”

“Further discussion? Representative Currie to close.”

“Thank you, Speaker and Members of the House.”

“Excuse me. Excuse me.”

“Each of us…”

“Excuse me. Excuse me, Representative. Mr. Molaro had his light on. I’m sorry. Mr. Molaro.”

“Thank you, Mr. Speaker. There are certain things that, obviously, Representative Black talked about that made some sense. However, I just have to remind him that there are a lot of judges who, we won’t get in… gave up practices and that, but there are judges who are with the State’s Attorneys Office, became judges, they have children in college. They don’t necessarily all drive Mercedes, they don’t necessarily have to… where they’re all multimillionaires. There are judges out there that live check to check, just like everybody else does. Now, the other thing that I might point out that I want to make clear for the record. We’re not here voting a raise for the judges, the judges aren’t getting a raise. What we’re doing is, there was a raise that we voted on, previously. ‘Pate’ Philip and a few other Leaders decided that the cost-of-living part, we should take away from ourselves. Well, what we did do was we included the judges, we just didn’t take away from ourselves. Very nice of us a year 09300066.doc 127  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 ago to take away from other people. And I think that’s where the problem is. No judges come down here and say, ‘I want a pay increase.’ All they’re saying is that… and no judge has really been down here doing this. This is something that we did that I don’t think we had the right to do. Very simple to compromise and give something up, as long as it’s not yours. We took something away from these judges we didn’t have a right to take. All this does is put it back, we’re not giving ‘em a pay increase. This is something that was already voted on previously that we decided to do. And I do take… just want ‘em… other people to know, there are judges living check… check to check, not all of ‘em drive Mercedes. I just want to make that clear.”

“Representative Currie to close.”

“Thank you, Speaker and Members of the House. It’s been suggested that the constitution is not our responsibility, we’re to leave that up to the courts. Let me point out Members of this chamber, that each and every one of us, when we took the oath of office, swore that we would uphold the Constitution of the State of Illinois. And the constitution is clear, judges salaries may not be diminished during a term in office. Second, we’ve been treated to a bit of judge bashing on this House Floor. I would urge, Members of the Assembly, that perhaps one of the reasons for this very constitutional provision is that it’s easy to intimidate the judges. It’s easy to undercut their authority. It’s easy to give them a hard time. 09300066.doc 128  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 Maybe that’s why, to preserve their integrity and their independence, maybe that’s why the Constitution is so specific that we may not take away their salary. There’s no question, this is salary. The 1991 report makes that absolutely clear. If you want to get away without a huge cost to state government I would urge that you vote ‘yes’ on Senate Bill 100. Not only because that would show your respect for the Constitution you have sworn to uphold, but also because it will avoid the taxpayer bill for the substantial sums of money that we’ll spend in court losing the battle to say that this was the wrong vote. I urge your ‘aye’ votes. It’s time… whatever you think of judges, it’s time to do the right thing. It’s time to do the constitutional thing. Vote ‘yes’.”

“Further di… Mr. Biggins, for what reason do you rise? Okay. The question is, ‘Shall the… shall the House pass Senate Bill 100?’ All those in favor say… vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk. Mr. Clerk, take… Mr. Clerk, take the record. On this question, there are 55… 55 voting ‘yes’, 53 voting ‘no’, 8 voting ‘present’. Representative Currie.”

“Thank you, Speaker. May I please have Postponed Consideration?”

Speaker Novak: “Put this on Postponed Consideration. Mr. Clerk, Supplemental Calendar #1. Mr. Black. Mr. Black, Sir, for what reason do you rise?” 09300066.doc 129  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Thank you, Mr. Black. Mr. Biggins, for what reason do you rise, Sir?”

“Mr. Biggins. Mr. Biggins, we’re working on it.”

Speaker Novak: “Thank you, Sir. Mr. Clerk, Supplemental Calendar #1, Senate Bills Second Reading. Senate Bill 31. Please read the Bill.” 09300066.doc 130  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Hold this Bill on Second Reading. Senate Bill 35.”

“Hold this Bill on Second Reading. Senate Bill 706.”

“Hold this Bill on Second Reading. Senate Bill 823.”

“Hold this Bill on Second Reading. Senate Bill 852.”

“Hold this Bill on Second Reading. Senate Bill 1649.”

“Hold this Bill on Second Reading. Senate Bill 1650.”

“Hold this Bill on Second Reading. Senate Bill 1742.”

“Hold this Bill on Second Reading. Senate Bill 1848.”

“Hold this Bill on Second Reading. Senate Bill 1865.”

“Hold this Bill on Second Reading. Senate Bill 1949.”

“Hold this Bill on Second Reading. It is the intent of the Chair to go to concurrences. Page 23 of the Calendar, the Lady from DuPage on House Bill 176, Representative Bellock on a Motion to Concur. Representative Bellock.”

“House Bill 176, please explain the Amendment.”

“Thank you. Is there any discussion? Seeing none, Represello… Representative Bellock now moves that the House adopt Senate Amendments #1 to House Bill 176. All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take 09300066.doc 133  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 the record. On this question, there are 116 voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. And the House… House does concur in Senate Amendments #1 to House Bill 176. Mr. Clerk, Rules… Rules announcement.”

“Anything further? Okay. Thank you. On page 23 of the Calendar, the Lady from Cook, Representative Feigenholtz. Is she in the chamber? Out of the record. On page 28 of the Calendar, the Gentleman from Cook, Representative Joyce. Is Mr. Joyce in the chamber? House Bill 1118 on a Motion to Concur. Mr. Joyce.”

“Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 1118 is the truth-in-tuition Bill. I would move concurrence on Senate Amendment #1. This 09300066.doc 134  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 Amendment extends the program to cover… educational programs that are designed to be five-year programs, some engineering programs, some educational programs. Pretty technical in its language. I’d move its concurrence.”

“Thank you. Is there any discussion? Seeing none, the ques… Representative Joyce now moves that the House adopt Senate Amendment #1 to House Bill 1118. All those in favor vote ‘aye’; all those opposed vote ‘no’. 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’, 0 voting ‘present’. And the House does concur in Senate Amendment #1 to House Bill 1118. And this Bi… Bill, having received the Constitutional Majority, is hereby declared passed. The Lady from Cook, Representative Feigenholtz, on House Bill 211 on a Concurrence Motion.”

“Thank you, Mr. Speaker. Senate Amendment #2 simply clarifies that House Bill 211 does not require health insurance plans to cover abortions or surgical sterilizations which is what we knew in the original Bill that needed to clarify for some people. The HMOs support this Amendment. CMS supports House Bill 211. And was adopted in the Senate. Thank you.”

“Is there any discussion? On that question, the Gentleman from Cook, Mr. Parke.”

“The Sponsor yields.” 09300066.doc 135  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Representative, the Amendment on the Bill was adopted in the Senate to reassure Senators that the Bill only requires coverage of contraceptives approved by the FDA to prevent pregnancy and clarifies that it does not mean abortions. There are some groups that now support the Bill and some that continue to oppose it. I am not clear on who is who.”

Speaker Novak: “Further discussion? The Gentleman from Fayette, Mr. Stephens.”

“The Lady will yield.”

“You mean for a birth? Yes, they would.”

“Thank you. Further discussion? The Gentleman from Vermilion, Mr. Black.”

“The Sponsor yields, Sir.”

“The number that I got, a revised number from CMS, is based on 35 percent utilization. And it has… this Bill has a January 4th effective date, so this number is halved. And I believe it is 5… 5,279,000, but actually, based on 35 percent and it being cut in half, 2,575,000, Representative Black. Those are the numbers that I’m looking at right now. Is that what you’re seeing?”

“You’re looking at an old fiscal note, Representative Black.”

“Then they’re looking at an old fiscal note.”

“I’m looking at a re… final, revised analysis dated May 14, ’03. I have a breakdown of the quality care health plan and the managed health care cost. Okay? So, that’s that.”

“To the Bill, Sir.” 09300066.doc 138  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Further discussion? Representative Feigenholtz to close.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I am joined here by Senator Iris Martinez, the Senate Sponsor of this Bill. Let’s welcome her, who is also very, very committed to seeing this pass. The previous speaker… okay. The previous speaker, I have a tremendous amount of respect for him, but I happen to 09300066.doc 141  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 disagree with him, but I understand his confusion about this Bill. Well, I really don’t. And I think, honestly, that we save 15 to $17 million a year in pregnancies and unwanted pregnancies and that this is solid public policy. Illinois will be the twenty-first state in the country to do this. This thing went out of here with 73 votes, it should have a hundred votes on it going to the Governor. Please vote ‘aye’.”

Speaker Novak: “Any further discussion? Seeing none, Representative Feigenholtz now moves that the House adopt Senate Amendments #2 to House Bill 211. All those in favor vote ‘aye’; all those opposed vote ‘no’. 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’, 39 voting ‘no’, 5 voting ‘present’. And the House does concur in Senate Amendment #2 to House Bill 211. And having reached the required Constitutional Majority, House Bill 211 is hereby declared passed. On page 29 of the Calendar there is House Bill 2301, the Lady from Iroquois, Representative O’Brien on a Motion to Concur. Representative O’Brien.”

“Is there any discussion? On this question, the Gentleman from Vermilion, Mr. Black.”

“Sponsor yields.”

“Thank you. Any further discussion? Seeing none, Representative O’Brien, moves that the House shall adopt Senate Amendments #1 to House Bill 2301. All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Representative O’Brien, do you wish to vote. Have all voted who wish? Mr. Brosnahan. Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And the House does concur in Senate Amendments #1 to House Bill 2301. And having received the required Constitutional Majority, House Bill 2301 is hereby declared passed. On page 30 of the Calendar, the Gentleman from Lake, Mr. Mathias. Is Mr. Mathias in the chamber? Out of the record. Is Mr. Saviano in the chamber? On House Bill 2864. Is Mr. Saviano in the chamber? Out of the record. Mr. Saviano on House Bill 2864 on a Concurrence Motion. Mr. Saviano.”

Speaker Novak: “Is there any discussion? Seeing none, Representative Saviano moves that the House adopt Senate Amendments #1 and 2 to House Bill 2864. All those in favor vote ‘aye’; all those opposed vote ‘no’. 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 114 voting ‘yes’, 0 voting ‘no’, 2 voting ‘present’. And the House does concur in Senate Amendments #1 and 2 to House Bill 2864. And having received a required Constitutional Majority, House Bill 2864 is hereby declared passed. Mr. Mathias, the Gentleman from Lake, on House Bill 2839 on a Concurrence Motion. Mr. Mathias.”

“Is there any discussion? Seeing none, Mr. Mathias now moves that the House shall adopt Senate Amendments #1 to House Bill 2839. All those in favor vote ‘aye’; all those opposed vote ‘no’. 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’, 3 voting ‘no’, 0 09300066.doc 148  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 voting ‘present’. And the House does concur in Senate Amendments #1 to House Bill 2839. And having reached the required Constitutional Majority, House Bill 2839 is hereby declared passed. House Bill 3142, the Gentleman from McHenry, Mr. Franks on a Concurrence Motion.”

“Thank you, Mr. Speaker. I recommend that we concur in Senate Amendment #1. This passed the Senate unanimously 57 to 0. And it was some cleanup language where the Treasurer wished that the information be posted monthly by the 15th of the month. These are the changes was by Topinka’s office. And also provided any information required to be posted must include information concerning the amount of funds held by each agency, the investment income and yield, asset allocation, and approved institutions. I’d be glad to answer any questions.”

“Is there any discussion? On this question, the Gentleman from Vermilion, Mr. Black.”

“Sponsor’ll yield.”

“There’s specific language in the Bill that says information shall not be made available if it is exempt 09300066.doc 149  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 from inspection and copying under the Freedom of Information Act and…”

“…I think that took…”

“…care of their concerns.”

“I agree.”

“I wou… I agree with you a hundred percent and I think we should put a Bill in to do that. And I think it’s a very serious suggestion, it’s one that I think would pass this Body unanimously.”

“It cures insomnia.”

“Thank you.”

Speaker Novak: “Any further discussion? Seeing none, Mr. Franks now moves that the House adopt Senate Amendments #1 to House Bill 3142. All those in favor vote ‘aye’; all those opposed vote ‘no’. 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 0 voting ‘present’. And the House does concur in Senate Amendments #1 to House Bill 3142. And having reached a required Constitutional Majority, House Bill 3142 is hereby declared passed. The Gentleman from Cook, Mr. McKeon, on House Bill 09300066.doc 151  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 3396. Mr. McKeon on a Concurrence Motion. House Bill 3396.”

"Thank you, Mr. Speaker. Move to concur in Senate Amendment #1 which cleans up the language in the orig… original Bill. First was an oversight in drafting that did not change multiple sections of the Bill to concur with the Amendment. That’s been cleaned up in the Senate Amendment. And also, a clean up in language to make the original intent of the Bill clear. I’ll gladly answer any questions. And I urge an ‘aye’ vote.”

"Is there any discussion? On that question, the Gentleman from Vermilion, Mr. Black.”

"The Sponsor will yield."

"No, Representative. That is, in fact, the election.”

"That is the election.”

"Right.” 09300066.doc 152  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

"I have a copy of the Amendment here. Could you tell me what you’re referring…”

"Well, yes, it is in the sense as I responded to your original question. This is in lieu of a… a meeting for the purposes of election. In that case, if the board certified the election results as valid, in other words there’s no fraud or deception, that they shall designate that as the representative labor organization.”

"This… this in sense… in the original language that we put in there, we made it consistent with the card check, when that’s used in lieu of an election.”

"I believe that’s on page 10, line 5.”

“Representative Turner in the Chair. Seeing no further questions, the question is, ‘Shall House Bill… Shall the House concur in Senate Amendment 1 to House Bill 3396?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Biggins. Karen May. Have all voted who wish? The Clerk shall take the record. On this question, there are 68 voting ‘aye’, 48 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, does pass. On the Order of Concurrences we have House Bill 3086. Read the Bill, Mr. Clerk. The Gentleman from Cook, Representative Miller. It goes straight to you.”

“I thought he was supposed to read the Bill first. Okay. I would like to concur with Senate Amendment 1 on House Bill 3086. What it does is delete the provision… medical necessary provision for those individuals that wish to have their tongue split. I ask for adoption of the Amendment.” 09300066.doc 154  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“The Gentleman from Cook, Representative Joyce. For what reason do you rise?”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Will the Sponsor yield?”

“He indicates he will.”

“Representative Miller, I just have one question, ya know, for the last four months I’ve been sitting next to you and this is about the sixth time we’ve come across this Bill whether it was in committee or on the floor and you promised me after the first time that I wouldn’t have to look at anymore of these pictures. Do you plan on publishing anything in the local newspapers or do you think that picture will be in that… in any newspapers again tomorrow after this is concurred upon?”

“Well, ya know, it’s very interesting what the colleagues in the media pick up. I mean educational funding reform Bills have been passed. Who cares? Tongue splitting, interviews out of this world. And so for me this is a… was something that was important obviously as a dentist and to protect the citizens of the State of Illinois who wish to get this procedure done. But personally, I don’t plan on doing the procedure, nor publishing any pictures from here on out, but I’ve got a few if you wish to look at in my memoirs on this.”

“I thank you and would appreciate that… that if we didn’t have see anymore of those pictures that I think it would be a better thing for this chamber and probably the rest of the citizens of the State of Illinois.” 09300066.doc 155  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Seeing no further questions, the question is, ‘Shall House Bill… shall the House concur in Senate Amendment 1 to House Bill 3086?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, 115 voting ‘aye’, 0 ‘noes’, 1 voting ‘present’. And the House does concur on Senate Amendment 1 to House Bill 3086. This Bill, having received the Constitutional Majority, is hereby… the House does concur with Senate Amendment 1 to House Bill 3086. On the Order of Concurrences, we have House Bill 3528. The Gentleman from Cook, Representative Joyce.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to concur with Senate Amendment #3. Senate Amendment #3 simply changes the ad… the date in which this Bill would become an Act of law. There were some concerns among the insurance industry. I think we’ve all agreed upon this. This Bill went out of here on the Agreed Bill List. I’d appreciate your concern or your ‘aye’ vote and I would be happy to answer any questions.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment #3 to House Bill 3528?’ All those in favor should vote ‘aye’; all those opposed should vote ‘no’. And the voting is now open. 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 115 voting ‘aye’, 0 ‘noes’, 1 09300066.doc 156  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 voting ‘present’. And this Bill, having received a Constitutional Majority, the House does concur in Senate Amendment 3 to House Bill 3528. Supplemental Calendar #1 on the Order of Resolutions, we have HJR 9. Read the Resolution, Mr. Clerk. The Gentleman from Sangamon, Representative Poe, on House Joint Resolution 9.”

Speaker Turner: “The Gentleman from Morgan, Representative Watson, for what reason do you rise?”

“Seeing no further questions, the question is, ‘Shall House Joint Resolution 9 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. 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 116 voting ‘aye’, 0 09300066.doc 157  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 ‘noes’, 0 ‘presents’. And this Resolution having received the Constitutional Majority, is hereby declared passed. On the Order of Resolutions, we have House Joint Resolution 36, Representative Verschoore. Out of the record. On the Order of Resolutions, we have House Resolution 206, Representative Chapa-LaVia.”

“Seeing no further questions, the question is, ‘Shall House Resolution 206 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take… Monique Davis. The Clerk shall take the record. On this question, there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Resolution, having received a Constitutional Majority, is hereby declared passed. On the Order of Resolutions, we have House Joint Resolution 36, Representative Verschoore.”

“Thank you, Mr. Speaker. What this Resolution does is it’s going to name a stretch of road in Rock Island County, now John Deer Road, as Memorial Highway for all the veterans for the wars and conflicts we’ve had. And I’d be glad to answer any questions.” 09300066.doc 158  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Seeing no questions, the question is, ‘Hou… should House Joint Resolution 36 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. 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 115 voting ‘aye’, 1 voting ‘no’, 0 ‘presents’. And this Bill… this Resolution, having received the Constitutional Majority, is hereby declared passed. On the Order of Resolutions, we have House Resolution 222, Representative Flider, the Gentleman from Macon.”

“Thank you, Mr. Speaker. This Resolution is one which is simply directed at the conservation programs of our institutions of higher learning. And back in 1995, the… a program was created to enable the colleges and universities to implement conservation measures. And this Resolution simply requests a status report on how they are doing. And it was prompted by a visit… a couple of visits that I had with my daughter last year when we were visiting universities where we saw some single pane glass and the thought had crossed my mind that here we are at institutions of higher learning but I wondered what the thinking was where we weren’t very energy conservation conscience at these universities. So, with this program that’s been in effect since 1995, I thought it’d be a good time for us to have a status report on how the universities are doing, whether they’re saving any money. And I would encourage your support.” 09300066.doc 159  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“The Gentleman from Vermilion, Representative Black. For what reason do you rise?”

“The Gentleman from Kankakee, Representative Novak. For what reason do you rise?”

“Well, Mr. Speaker, I’ll wait until this Resolution is concluded. I have a question on the previous Resolution myself.”

“The question is, ‘Shall House Resolution 222 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. 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 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And House Resolution 222, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Kankakee, Representative Novak. For what reason do you rise?”

“Yes, Mr. Speaker. On the prior Resolution, House Joint Resolution 36, my button… I inadvertently pressed the ‘no’ button and let the record reflect that it should’ve been ‘green’ for supporting that Resolution.”

“The record will so reflect your wishes. And the Gentleman from Vermilion, Representative Black. For what reason do you rise?” 09300066.doc 160  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Your wishes will be so recorded and I think the Gentleman explained that he inadvertently hit the wrong button, I don’t think it was somebody else that hit it. Gentleman from Kankakee, Representative Novak.”

“Yes, Mr. Speaker. Let me just explain the facts of this case. I was standing over by the men’s restroom and I know this is gonna go on the record. But I was standing by the men’s restroom and I motioned to one of our fine, competent staff members to vote my switch for me ‘green’. But somehow my finger went like this and that person 09300066.doc 161  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 interpreted it as a ‘no’. So, it was just a little confusion. I just wanna clear that up for the record.”

“And the record reflects your wishes to vote ‘yes’ on that Resolution. On the Order of Resolutions, we have House Resolution 243, Representative Watson, the Gentleman from Morgan.”

“The question is, ‘Shall the House Resolution 243 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Okay. The Clerk shall take the record. On this question, there are 114 voting ‘aye’, 0 ‘noes’, 1 voting ‘present’. And House Resolution 243, having received a Constitutional Majority, is hereby declared passed. House Resolution 267, Representative Flowers.”

“Thank you, Mr. Speaker. House Resolution 267 is national… recognizing National Nurses Day. Nurses do such a fantastic job across the state and there’s a shortage of nurses and hopefully, with this Resolution we will recognize their hard work, their efforts and hopefully, we can recruit more nurses across this state. So I would urge for everyone to support House Resolution 267.” 09300066.doc 162  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“The Gentleman from Vermilion, Representative Black. For what reason do you rise?”

“State your inquiry.”

“I can’t answer…”

“I’m not sure, Representative, we could speed the process up by maybe just doing voice. But your comments are well-taken and I’m not clear as to why we didn’t do the Agreed List.”

“Your point is well-taken, Representative. The question is, ‘Shall the House adopt House Resolution 267?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Resolution 267 is adopted. On the Order of Resolutions, we have House Resolution 280, Representative Chapa LaVia.”

“Thank you, Speaker and Members of the House. This Resolution urges Congress to amend Title 38 of the United States Code to provide a guaranteed level of funding for our veterans’ health care. And I’d appreciate an ‘aye’ vote. And thank you to my Veterans’ Committee for getting on this Resolution.”

“The question is, ‘Shall House Resolution 280 pass?’ All those in favor should say ‘aye’… The Gentleman from Vermilion, Representative Black.”

“She indicates she will.”

“The Lady from Kane.”

“No, it’s for our veterans.”

“For the… the men and women who have served our country.”

“Correct, Sir.”

“Correct, Sir.”

“Thank you.”

“The Lady from Cook, Representative Davis. For what reason do you rise?” Davis, M.: “Mr. Speaker, to have an Agreed Resolution, what has to occur?”

“It has to be agreed.” Davis, M.: “By? It has to be agreed by?”

“A few people.” Davis, M.: “Two people on each side of the…”

“Correct.” Davis, M.: “Right. So on this side we agree.”

“Correct.” Davis, M.: “Thank you.”

“And on that side, they agree. Correct. Do we all agree? And we just agreed to pass House Resolution 280. All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Resolution 280 passed. House Resolution 256, Representative Milner.” 09300066.doc 165  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Take your time.”

“The Gentleman from Cook, Representative Lang. For what reason do you rise?”

“Will the Sponsor yield?”

“He indicates he will.”

“First, I have to say that was one of the great explanations of a Resolution I have ever heard on the floor of the House. I would just like to know, Representative, if these trucks have to drive in the right lane, based on your previous Bill that we sent to the Governor?”

“All right. Then I’m for it.”

“The question is, ‘Shall House Resolution 256 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. 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 111 voting ‘aye’, 5 voting ‘no’. And this Resolution, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Parke. For what reason do you rise?” 09300066.doc 166  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Representative, we weren’t certain that this did not include some monetary consumption or something on our part and so if it spends money or has us doing something different then we must take a Roll Call Vote on it.”

“On the Order of Resolutions, we have House Resolution 280, Representative LaVia. Read the… I’m sorry. On the Order of Resolutions, we have House Resolution 298, Representative Osterman.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Resolution 298 urges Congress to establish a Great Lakes Trust Fund, money that would be used to help cleanup the Great Lakes, as well as Lake Michigan as being part of the Great Lakes. It’s based on a similar program in the Everglades. The matter is currently before Congress. And I would ask for an ‘aye’ vote.”

“The question is, ‘Shall House Resolution 298 pass?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Resolution 298 passes. We have House Resolution 305, Representative Lang.”

“Thank you, Mr. Speaker and Ladies and Gentlemen. The Save A Life Foundation has taught over 40 thousand children in Illinois how to do CPR, the Heimlich Maneuver and other 09300066.doc 167  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 life saving devices. This is a Resolution that honors their founder and honors the work they do. And I would ask your support.”

“The question is, ‘Shall House Resolution 305 pass?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Resolution 305 passes. House Resolution 324, Representative Osmond.”

“The question is, ‘Shall House Resolution 324 pass?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Resolution 324 does pass. House Resolution 339, Representative Coulson.”

“The question is, ‘Shall House Resolution 339 be adopted?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House 33… House Resolution 339 is adopted. House Resolution 345, Representative Stephens.”

“The question is, ‘Shall House Resolution 345 be adopted?’ All those in favor should say ‘aye’; all those opposed say ‘no’. The Gentleman from Clinton, Rep… All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Resolution 345 is adopted. The Gentleman from Clinton, Representative Granberg. For what reason do you rise.”

“A point of personal privilege, Sir.”

“State your point.”

“The people in this chamber don’t realize the previous speaker, Representative Stephens, what an outstanding Legislator he is. Well, we know that. But he does a lot of great things for our country. And recently he raised a total of $300 on behalf of the USO and he did that, and people say it was too cheap, by participating in the Bid for Bachelors in Vandalia Illinois. And Ron, 09300066.doc 169  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 Representative Stephens, raised a total amount, $300. Now, I know the women here would think that’s awfully cheap for him, but I think we should recognize him for his service and the fact that he was willing to undergo that embarrassment.”

“Thank you for the information. The Gentleman from Fayette, Representative Stephens.”

“Congratulations, again. The Gentleman from Vermilion, Representative Black. For what reason do you rise?”

“State your point.”

“On the Order of Resolutions, we have House Resolution 348, Representative Lang.” 09300066.doc 170  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“Thank you, Mr. Speaker, Ladies and Gentlemen. This Resolution would designate September as Leukemia Awareness Month. I would appreciate your support.”

“The question is, ‘Shall the House adopt House Resolution 348?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, ‘ayes’ have it. And House Resolution 348 is adopted. On the Order of Resolutions, we have House Resolution 355, Representative Lyons. Representative Lou Jones. Out of the record. House Resolution 357, Representative Osterman.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Resolution 357 urges… urges or in support of the National Biocontainment Laboratory in the City of Chicago at the University of Illinois Campus. Presently, there is an application into the National Institute of Health in Washington and the Congress is currently working on this and we’re… we wanna show our support to establish this. I’d ask for an ‘aye’ vote.”

“The question is, ‘Shall House Resolution 357 be adopted by the…’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And HJR 357 is adopted. On the Order of Resolutions, we have House Resolution 359, Representative Munson, the Lady from Cook.”

“The question is, ‘Shall… The Gentleman from Vermilion, Representative Black. For what reason do you rise?”

“She indicates she will.”

“This would be a…”

“This would be a…”

“…Roll Call Vote, Representative.”

“State your inquiry.”

“Well, the very fact that we would have to do a report means that there would be state funds…”

“…even in doing the report.”

Speaker Turner: “The record will so reflect your request, Representative. Now the question is, ‘Shall House Resolution 359 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. And the voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk… Clerk shall take the record. On this question, there are 115 voting ‘aye’, 0 ‘noes’, 1 voting ‘present’. And House Resolution 359, having received the Constitutional Majority, is hereby adopted. We have Senate Joint Resolution 33, Representative Giles. Out of the record. On the Order of Resolutions, we have House Joint Resolution 8, Representative McAuliffe.’

“The question is, ‘Shall House Joint Resolution 8 pass?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Joint Resolution 8 is adopted. The Gentleman from Vermilion, Representative Black. For what reason do you rise?”

“Representative, I do want to remind you that it is a violation of the Rules to explain your vote. The Gentleman from Fayette, Representative Stephens. Fine, 09300066.doc 175  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 we’ll go. HJR 13, Representative Mitchell. HJR 13. Bill Mitchell. The Gentleman from Macon.” Mitchell, B.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This summer will be the 50th anniversary of the end of the Korean conflict. A group of veterans from Macon County as well as Logan County came to me a year ago and that they would like a bridge in the north bound and south bound bridge on Illinois Route 51 in Decatur designated as the Korean War Veterans Memorial Bridge and of course they’d like to be… dedicate that this summer. So, I would appreciate, Ladies and Gentlemen of the House, for your affirmative vote.”

“The question is, ‘Shall House Joint Resolution 13 be adopted?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. 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 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Resolution, having received a Constitutional Majority, is hereby adopted. On the Order of Resolutions, we have House Joint Resolution 15, Representative Krause.”

“The question is, ‘Shall House Joint Resolution 15 be adopted?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. 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 115 voting ‘aye’, 0 ‘noes’, 1 voting ‘present’. And this Joint Resolution 15, having received a Constitutional Majority, is hereby adopted. House Joint Resolution 17, Representative Bost, the Gentleman from Jackson. Out of the record. House Joint Resolution 20, Representative Bellock, the Lady from DuPage.”

“The Gentleman from Vermilion, Representative Black. For what reason do you rise?”

“She indicates she will.”

“And on that, the question is, ‘Shall House Joint Resolution 20 be adopted?’ All those in favor should say… all those in favor should say ‘aye’; all those opposed say ‘no’. Opinion of the Chair is the ‘ayes’ have it. And House Joint Resolution 20 is adopted. On the Order of Resolutions, we have House Joint Resolution 17, Representative Bost.”

Speaker Turner: “The Gentleman from Morgan, Representative Watson. The question is, ‘Shall House Joint Resolution 17 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. 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 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Joint Resolution 17, having received a Constitutional Majority, is hereby adopted. On the Order of Resolutions, we have House Joint Resolution 27, the Gentleman from Morgan, Representative Watson.” 09300066.doc 181  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“The question is…”

“The question is, ‘Shall House Joint Resolution 27 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. 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 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And House Joint Resolution 27, having received the Constitutional Majority, is hereby adopted. We have House Joint Resolution 29, Representative Molaro.”

“I… Inquiry of the Chair before I begin. I thought we… I thought we already passed this?”

“If you thought… No, Representative, this one didn’t pass.”

“I think this has to do with then trying to… for us to ask Congress to help the airlines in their time of need and there’s a Bill that’s pending. We’re gonna ask the Congress to pass that Bill so we can keep those friendly skies as friendly as possible and help United Airlines and American Airlines.”

Speaker Turner: “And the question is, ‘Shall House Joint Resolution be… 29 be adopted?’ All those in favor should say ‘aye’; all those opposed say ‘no’. Opinion of the Chair is the ‘ayes’ have it. And House Joint Resolution 29 09300066.doc 182  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 is adopted. We have House Resolution 19, Representative Hoffman. Out of the record. We have House Resolution 26, Representative Sacia.”

“The question is, ‘Shall House Resolution 26 pass… or be adopted?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take… Flider. Take the record. On this question, there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority… this Resolution, having received the Constitutional Majority, is hereby adopted. The Gentleman from McLean, Representative Brady. For what reason do you rise?”

“State your point.”

“I do want to remind you, Representative, that there are a few of us who are not in the Stratton Office Building, you may wanna send a few donuts over to the Capitol. The Gentleman from Vermilion, Representative Black.”

“They’re trying to figure what time we’re going to adjourn.”

“But go ahead.”

“What’s the name of the movie?”

Speaker Turner: “Bruce Almighty. Oh yeah, that’s the new movie…”

“…with Jim Carey.” 09300066.doc 184  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003

“It’s almighty.”

Speaker Turner: “Representative Novak in the Chair. Representative Mendoza, for what reason do you rise?”

“A personal privilege.”

“State your point.”

“I just want for the record everyone in here to know that Dan said, ‘and let there be light’ and the lights came back up, I mean is that a coincidence? I think not. I sit next to this guy, I know, he’s the man in my book. So, anyway that’s really one of the things I wanted to announce. #2, is that tonight all the people who participated in COWL Capitol Capers are invited to watch a viewing of our show at the Governor’s Mansion 8:00 p.m. tonight. Everyone who participated is invited, so please come join us for a night of fun and laughing and all the good stuff that goes along with Capitol Capers. Again, at 09300066.doc 185  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 the Governor’s Mansion. And then the second… the third thing I guess I should announce is that tomorrow at 10:30 in the morning there is in… I guess it’s a legislative luncheon, an informational hour on Illinois’ child support program. That’s sponsored by COWL as well. It will be at 10:30 in the morning. I passed out a flier but the room number is incorrect. We will be meeting in Room 114 at 10:30 following, I believe it’s the Committee on Labor. So, 114… Room 114 in the Capitol at 10:30 in the morning for the child support program. I hope you can all attend. I’m sure it will be very interesting and would especially encourage the freshman to be there. Thank you.”

“Mr. Holbrook, for what reason do you rise?”

“Members of the Tourism Committee should note that our committee time has been changed from 9 to 10:30 and the room has changed, I… it has something to do with a moving target, I think. Our committee meets at 10:30 in D-1 tomorrow.”

“Thank you. Mr. Clerk, could you read the Committee Schedule, please.”

“Mr. Mautino. You wanna turn…”

“Thank you…”

“Mr… oh.”

“…Speaker, just a… an announcement for the House Insurance Committee. We will not meet tomorrow at 10:00. There was a typo on the Rules Report and so that needs to be straightened out. Once Rules meet we’ll meet a little later in the day.”

“Thank you. Mr. Lyons.” Lyons, J: “Thank you, Speaker. For an announcement. Not on the Calendar, but Space Needs Commission Members, Members on the Space Needs Commission, Lou Jones, Tom Holbrook, Rich Brauer, Raymond Poe, Skip Saviano, we have an 8:30 Space Needs Commission meeting up on the 6th floor of the Stratton Building. So, we’ll be as quick as we can, but if you’re there at 8:30 the quicker we can get going and get you off to your other committees later in the morning. Thank you.”

Speaker Novak: “Thank you. The Gentleman from Cook, Mr. Turner, on House Joint Resolution 34.”

“Thank you, Mr. Speaker. I won’t prolong the evening, I know it’s getting late, but I wanted to get this Resolution over to the Senate. Basically, this is a Resolution that deals with organ donor transplants. There’s an issue that although we all sign on the back of our cards now that we may or may not wanna be a organ donor, the law says that you still need first person consent. And what this Resolution does is establish a task 09300066.doc 187  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 66th Legislative Day 5/28/2003 force to study how we’re going to implement first person consent with the current and existing organ donor program that we currently have. And I move for the adoption of HJR 34.”

“Is there any discussion? Seeing none, the question is, ‘Shall House Joint Resolution 34 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Mr. Bost. Mr. Will Davis. Take the record. On this question, there are 116 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional Majority, House Joint Resolution 34 is hereby adopted. The Chair is prepared to adjourn. Allowing perfunctory time for the Clerk, Representative Granberg now moves that the House stand adjourned until Thursday May 29, the hour of 11 a.m. All those in favor say ‘aye’; all those opposed say ‘no’. The ‘ayes’ have it. And the House stands adjourned.” 09300066.doc 188