Illinois House Floor Debate — March 24, 2004

“The House shall come to order. The Members shall be in their chairs. We ask the Members and our guests in the gallery to turn off their laptop computers, their cell phones and their pagers. And we ask the guests in the gallery to rise to join us for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Pastor Mike Pennock of the Assumption Catholic Church in Coal City, Illinois. Pastor Pennock is the guest of Representative Gordon.”

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

“Roll Call for Attendance. Representative Currie.”

“Thank you, Speaker. Please let the record reflect that Representative Brosnahan is excused today.”

“Mr. Bost. Mr. Bost.”

“Mr. Bost, could you repeat the name of the person missing in action?”

“Kosel. Thank you. Clerk shall take the record. There being 116 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk. Mr. Clerk. Mr. Clerk, one minute please. Just one minute. The Chair recognizes Representative Grunloh.”

“Mr. Speaker, I rise for a point of personal privilege.”

“State your point.”

“I’d like to announce and congratulate Kelly Niemerg from Effingham. She has been crowned the 2004 Miss 09300108.doc 3  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 Illinois County Fair Queen. She will graduate from Illinois State University in May of 2004 and then pursue a master’s in speech pathology. And I’d like all of you to… to help welcome and congratulate her on being crowned fair queen.”

“Mr. Phelps.”

“Point of personal privilege.”

“State your point.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would like for you to help me welcome two FFA chapters in my home district, Egyptian High School and my hometown of Eldorado High School. So, please welcome ‘em.”

“Mr. Flider.”

“Point of personal privilege, Mr. Speaker.”

“State your point.”

“Yes, Mr. Speaker, of course today is Ag Day and we have a number of people here associated with agriculture and I, too, would like to welcome some of those students. We have students from FFA chapters in Macon, Moultrie and Shelby County. And also in particular, we have the 2002 and 2003 state champs in parliamentary procedure from Sullivan High School here. And not to be outdone by that, we also have the State FFA President, Ryan Robinson, 18 years old from Sullivan, Illinois, Sullivan High School, who is serving this year as FFA president. Please welcome them.”

“Mr. Sacia.”

“State your point.”

“Mr. Clerk.”

“Mr. Clerk, on page 21 of the Calendar, there appears House Bill 4777. Read the Bill for a third time.”

“Representative Berrios.”

“Thank you.”

“On the Bill.”

“Yes.”

“Proceed.”

“Okay. House Bill 4777 amends the Rights of Crime Victims and Witnesses Act. Victim impact statements are provided by victim and family members at sentencing at criminal and delinquency cases and helps the court understand the harm caused by the crime to the victim and family. This Amendment specifically adds the victim’s grandparents as persons who can appropriately provide victim impact information to a court, makes it clear that a court has discretion to determine the number of oral presentations of victim impact statements, and clarifies that a court should consider an available victim impact statement with other items of aggravation and mitigation in a plea conference. I’m open to questions.”

“Mr. Parke.”

“Mr. Parke, if you’d like us to ring bells…”

“…well, we’d be happy to ring bells for you, Mr. Parke.”

“The Sponsor yields.”

“Well, what we’re trying to do is just add grandparents as them also being able to give impact statements, because when someone dies it doesn’t only impact one person. And right now only one parent can give an impact statement. This opens it up to at least a few more people, and the court has the discretion to how many people can speak.”

“Yes.”

“It was… No, the State’s Attorneys Office brought it to me, Cook County State’s Attorney.”

“No. No.”

“I wasn’t told of anyone opposing the Bill.”

“Exactly.”

“Yes.”

“Thank you.”

“The Lady moves for the passage of the Bill. Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Mr. Clerk, take the record. There being 116 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 23 of the Calendar, House Bill 6841. Representative Bassi. Bassi. So, Mr. Clerk, we can take that Bill out of the record. Mr. Parke.”

Speaker Madigan: “Mr. Parke, I’m told that it’s a matter between your system and LIS.”

“They’re… they’re working on it, and what will do is we’ll do Second Readings until it’s repaired.”

“And then when we go back to Third, Mr. Parke, we’ll make sure we ring those bells for you.”

“All right, these matters are on the Order of Second Reading. Mr. Burke. On page 5 of the Calendar, there appears House Bill 4232. Mr. Burke. 4232. Did you wish to move the Bill? I’m advised that there’s an Amendment approved by the Rules Committee. All right, so Mr. Clerk, what is the status of the Bill?”

“Mr. Burke, on the Amendment.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The Amendment would address the subject of liability. The Illinois Trial Lawyers had requested some 09300108.doc 11  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 further clarification in the use of AED, so literally it’s a very basic limitation of liability for any individual using this device to save a life. And I’d ask for the favor… Body’s favorable consideration.”

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

“There is no one in opposition.”

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

“For what purpose does Representative Pihos seek recognition?”

“Rep… can you give us one minute?”

“We’re on House Bill 4232 and, Mr. Clerk, put that Bill on the Order of Third Reading. Representative Pihos.”

“You’ve all heard the Lady’s Motion. Is there leave? Leave is granted. The Motion is adopted and the Bill is tabled. Is… Mr. Aguilar. Mr. Clerk, on page 10 of 09300108.doc 12  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 the Calendar, House Bill 4788. What is the status of the Bill?”

“Mr. Aguilar.”

“Mr. Clerk, what’s the status of the Bill?”

“All right. Mr. Aguilar, on the Amendment.”

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

“Third Reading. Mr. Clerk, on page 14 of the Calendar, there appears House Bill 5732. Mr. Steve Davis, did you wish to move the Bill? Mr. Clerk, what is the status of the Bill?” 09300108.doc 13  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Third Reading. On page 3 of the Calendar, there appears House Bill 3980. Representative Bellock, do you wish to move the Bill? 3980. Mr. Clerk, what is the status of the Bill?”

“Third Reading. Is Mr. Will Davis in the chamber? Mr. Clerk, on page 5 of the Calendar, there appears House Bill 4266. Mr. Clerk, what is the status of the Bill?”

“Third Reading. On page 12 of the Calendar, there appears House Bill 4976. Mr. Biggins, do you wish to move the Bill? Mr. Clerk, what is the status of the Bill?”

“Third Reading. On page 11 of the Calendar, there appears House Bill 4887. Mr. Biggins. Mr. Clerk, what is the status of the Bill?” 09300108.doc 14  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

Speaker Madigan: “Third Reading. Is Mr. Churchill in the Chamber? Mr. Churchill. Mr. Cultra. On page 2 of the Calendar, there appears House Bill 3833. Mr. Clerk, what is the status of the Bill?”

“Third Reading. On page 12 of the Calendar, there appears House Bill 5000. Mr. Clerk, what is the status of the Bill?”

“Mr. Clerk, leave the Bill on the Order of Second Reading. Mr. Clerk, on page 2 of the Calendar, there appears House Bill 3978. Mr. Eddy. Mr. Eddy. Mr. Clerk, what is the status of the Bill?”

“Mr. Eddy on the Amendment.”

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

“Third Reading. Awe, you’re alert. Okay. Mr. Clerk, on page 22 of the Calendar, there appears House Bill 6617. Read the Bill.”

“Mr. Boland.”

“Thank you, Mr. Speaker. House Bill 6617 creates the State Prohibition of Goods from Child Labor Act. Requires all contracts entered into by a state agency for the procurement of equipment, materials, or supplies to specify that no foreign-made items within the contract were produced in whole or part by child labor, an individual under 12 years of age. The Bill establishes some penalties for the violation, as well as an administrative appeals process. It’s effective immediately and one of the key points I wanna make right away is that this has to be knowingly done. The contractor would have to know that they were using goods that were made by child labor. It’s very similar to the Bill that we passed last Session that prohibited goods made by forced, convict, or indentured labor.” 09300108.doc 16  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

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

“Sponsor yields.”

“Yes.”

“Yes. Yes. The key is that yes, you will… you’ll sign a statement that the goods… that you did not knowingly use goods or purchase goods that were made by child labor.”

“The penalty is fines of a thousand dollars or 20 percent of the value of the product, whichever is greater, and the possible suspension from bidding on a state contract for a year.”

“No, this is an issue that actually has been sort of reverberating throughout the country, as one way of making sure that our tax dollars are not used to purchase goods that many people consider a moral issue; others consider it an economic issue, probably can be considered both.”

“Well, if it is in this regard, yes.”

“Thank you.”

“Thank you.”

“Right.”

“Question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? Has Mr. Schmitz voted? Mr. Schmitz, has he voted? The Clerk shall take the record. On this question, there are 115 people voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 19 of the Calendar, there appears House Bill 4247. Mr. Black. Mr. Clerk, read the Bill. Mr. Black.”

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

“Question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? Clerk shall take the record. On this question, there are 115 people voting ‘yes’, 0 voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. On page 21 of the Calendar, there appears House Bill 4651. Mr. Capparelli. Mr. Clerk, read the Bill.” Clerk Mahoney: “House Bill 4651, a Bill for an Act concerning mobile homes. Sec… Third Reading of this House Bill.”

“Thank you, Mr. Speaker. This Bill was brought to me by the Illinois Housing Institute, I mean the Illinois Manufacturing Association. And I’ll try to give a simple explanation. House Bill 4651 does one thing. When a mobile home is removed from a site, either to be repaired or replaced, the site shall be governed by the standard in effect at the time the site was originally constructed. Let me give you an example of what happens. In the older mobile park homes, that falls under existing 1 thousand square foot law. When a municipality says that mobile home is to be removed or repair, it cannot be put back on the thousand square foot lot, but has to be put on a 2,500 09300108.doc 20  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 square foot lot, which the law the parks built after September 1987. In effect, this could have great effect on a park that has a hundred homes. And as they remove these parks, then we would have 2/3 would probably be removed if they were ever taken off to be repaired. That would be 66 homes, causing the owner of the park to increase the rents by 2/3 or close the park. And this would cause a great handicap for those residents who are mostly senior citizens. I would ask for a favorable Roll Call.”

“Mr. Parke.”

“Sponsor yields.”

“I think it’s for the renter, yes.”

“Yes.”

“Well, I thought… I thought I explained that.”

“If at a park of hundred, let’s just say there are a hundred, and someone removes their home for repair or for a new one, they would not be able to replace that park… put that home back on that lot. So if… if that goes on and on, eventually they’ll be 66 homes on a hundred park, 2/3 of the homes’ll be gone. The rents would be going up.”

“Because municipalities are saying to them, you can’t put the home back on; you have to put it on a 2500 square foot lot.”

“Well, the rule was… they were grandfathered in many years ago for a thousand square feet.”

“The parks.”

“No, no, I guess there was a Bill that passed some time ago. And I’ll just give ya…”

“A thousand… It was a law. Here, a thousand square feet was constructed prior to 19… 1967, you need a thousand square feet, 2,100 square feet if constructed August 22, 1967 through September 18; 2,500 square feet if constructed after September 19, 1987. So what the… municipal… municipalities are saying, if you take that mobile park off to get repaired or to get a new one, you can’t put it back on the thousand square feet. You have to put it on 2,500 square feet.”

“My Bill? It says they can put it back on the thousand square feet.”

“Right. Yup.”

“Mr. Black. Mr. Black.”

“State your inquiry.”

“Mr. Black, could I take that under advisement and report back to you before we call the Bill on Third Reading?”

“Sure.”

“Mr. Black.”

“Mr. Black, the Parliamentarian is prepared to respond. And after that, Mr. Hannig in the Chair.”

Speaker Hannig: “Any further discussion? Representative Mathias.”

“To the Bill.”

“The Lady from Cook, Representative Mulligan.” 09300108.doc 26  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Sixty votes.”

“He indicates he’ll yield.”

“I don’t follow you at all right now, I’m sorry.”

“That has nothing to do with this Bill at all.”

“That’s… that part of the Bill has been existing. That’s the existing Bill.” 09300108.doc 27  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“I really can’t answer your question. That Bill was the previous Bill that passed. All we’re trying to do is grandfather in the existing bill… mobile homes on thousand foot lots. Why that’s in the existing… the old… the old Bill, I have no reason… I don’t know why.”

“My staff tells me that in recent years, these mobile homes got larger….”

“Well, I understand that these homes are getting bigger so now they put in there on these new homes there… these lots are getting bigger on these new homes also and they’re asking for at least a five foot separation from one end to the other. But we’re not talking about the new parks; we’re talking about the old parks.” 09300108.doc 28  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“I… I presume they would do the same as they’re doing right now.”

“All these parks have to provide sewer and water and they do that.”

“Well, I don’t… the ones I’ve seen, they do. And if they don’t, then they hire the local community to handle the fire.”

Speaker Hannig: “Representative Capparelli, do you have an answer for the Lady?”

“Yeah, with the new distance they have it makes it even safer for those parks to give you a little more room 09300108.doc 29  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 if in case there is a fire. And those other new parks are doing that.”

“We’re not jamming anything.”

“I wi… I wish you would keep your remarks to the Bill and not the old Bill. All we’re trying to do is grandfather those people in that live in these old parks. Where you’re coming up with all this other stuff, I have no idea what you’re talking about.”

“Yeah, okay.”

“Okay. The Bill only does one thing and that’s all it does. It grandfathers those parks that have a thousand square feet. That’s all the Bill does - nothing more.”

“To the Bill.”

“Repre… Representative Capparelli, to close.”

“Thank you, Mr. Speaker. As I said before, this Bill only does one thing and one thing alone. It grandfathers those parks where the people have to live on a thousand square feet. And if they remove that mobile park to be repaired or a new one, the municipalities want to say, no, you can’t put it back there. All this Bill does is says yes, you can put it back there. And the rents 09300108.doc 31  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 won’t go up that way. I would ask for a favorable Roll Call.”

“The question is, ‘Shall Bill 4651 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 80 voting ‘yes’, 34 voting ‘no’ and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Ryg, for what reason do you rise?”

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

“State your point.”

“Thank you. Please join me in welcoming today the Girls on the Move from the YWCA program in Lake County. These girls are involved in a leadership program, and they’re here today to learn how to impact public policy. Thank you.”

“Welcome to Springfield. Representative Bost, are you ready on 4103? Mr. Clerk, would you read the Bill?”

“Third Reading.”

“Excuse me. The Bill was on Third, is that correct, Mr. Clerk? Okay, so the Clerk has read the Bill. So Representative Bost to present the Bill.”

“We… we’ve been on the Order of Thirds…”

“…for awhile, so.”

“The Gentleman has moved for passage of House Bill 4103. Is there any discussion? Representative Moffitt.”

“Is there any further discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk. Mr. Clerk, take the record. On this question there are 114 voting ‘yes’, 1 voting ‘no’, and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4371. Representative Chapa LaVia on House Bill 4371.”

“Representative Chapa LaVia.”

“I’d like to be recorded as a ‘yes’ vote on that last one; my switch is broken.”

“Representative, you’ll be… the record will note your intentions. And, Representative, are you ready to present House Bill 4371 to us now? The Clerk has read the Bill. Would you present it?”

“Hello. Thank you, Speaker. House Bill 4371 is a… is a Bill that changes the Human’s Right (sic-Human Rights) Act to include military status, which includes the service with Illinois National Guard and the Federal Military Reserves. Current definition of the military status does not include those service members who are in 09300108.doc 34  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 the State or Federal Reserves. And discriminate… what we want to try to protect here is any discrimination by employers who may be hesitant to hire a person just because they may be called to active duty.”

“Okay. The Lady has moved for passage of House Bill 4371. Is there any discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’, and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 3877 for Representative Brady?”

Speaker Hannig: “The Gentleman from McLean, Representative Brady.”

“The Gentleman has moved for passage of House Bill 3877. Is there any discussion? The Gentleman from Cook, Representative Fritchey.”

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

“He indicates he’ll yield.”

“Representative, I was just looking at the analysis, without having read the actual Bill, well, somebody said if somebody is stationed in Illinois, is there a duration that they have to be here for? Because, obviously when we give somebody in-state status for tuition purposes, that does put an economic drain on our university system. And while everybody is in agreement that our military personnel should get whatever benefits they’re entitled to, I’m just making sure that we’re not unduly burdening our system.”

“So, what… what would happen then if you had a situation where an individual is stationed in Illinois, let’s say their son or daughter becomes a freshman at the university. Their parent then gets transferred to another base in another state, do they… is that child entitled to maintain in-state status for the duration?” 09300108.doc 36  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Oh, as long as they’re still on active military duty, but if they were transferred from… if the parent was transferred from Illinois to a base in Texas or Florida or just out of state, does that child… In a normal situation, somebody that’s not in the military, if their child starts as a freshman and they have in-state residency, and then the parents then move out of state, if that child is still a dependent, that child would no longer be an in-state resident and they would go from in-state status to out-of- state status. And I guess what I’m trying to get at here is, if the parent gets transferred to an out-of-state base, does the child then become out of state again or are they being grandfathered in for four years just because the parent happened to be in Illinois at the time of enrollment?”

“And… you know, this is obvious, especially in this day and age, it’s a tricky issue to call it a question. But why would we afford a student in the benefits of in- state tuition, because of the military status of their parents, if their parents are no longer Illinois residents? We don’t do that for a… for the son of a firefighter, the son of a police officer, the son of a teacher. If a Chicago… if the child of a Chicago firefighter goes to the University of Illinois and then their sophomore year their parents move to Wisconsin, if that child’s a dependent, they’re not grandfathered in in-state for four years. They are now the child of Wisconsin residents, and they would then have to pay out-of-state tuition.”

“So, provided that the parents are still stationed…”

“…in Illinois.”

“That… that… that’s what I’m looking for. Thank you very much.”

“Is there any further discussion? There being none, then the question is, ‘Shall House Bill 3877 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’, and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4686? Representative Colvin.”

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

“Thank you, Mr. Speaker. House Bill 4686 is another Act that deals with military service and making sure those individuals who are serving to protect our country’s security interests will not lose any time or money or credit hours while they continue their education at state universities and community colleges. Simply, the Act requires that public institutions of higher education to allow a currently enrolled student who is called to active military service to complete any unfinished courses at a later date at no additional charge, unless course credit 09300108.doc 39  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 has already been given or the student received a full refund upon withdrawing from the course. If the student withdraws, then the transcript must reflect that it was due to military service. And it further provides that the student must be given priority over other students when re- enrolling for the same course at a later date. I’ll be happy to answer any questions.”

“And on that question, the Gentleman from Cook, Representative Parke.”

“He indicates he will.”

“No, actually it’s red now.”

“In fact, we drafted this Bill in concert with them. All the different universities have different policies as it relates to individuals who are serving military service. They are in support of this Bill or have no position.”

“I’m sorry, I can’t hear you.”

“Well…”

“All of the universities and community colleges had policies with respect to House Bill 4686 dealing with individuals who leave school. University of Illinois already had a policy where they would give either a refund or give credit, depending on how far they’ve gone in the class. But then there were other universities that had no policy.”

“Um, I think University of Illinois felt that this wasn’t intrusive on their own policy, and it put something in place for the universities that had nothing.”

“Thank you.”

“The question is, ‘Shall House Bill 4686 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, would you take the record? On this question, there are 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 3922?”

“The Lady from Cook, Representative Coulson.”

“The Lady has moved for passage of House Bill 3922. Is there any discussion? There being none, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4461.”

“The Lady from Cook, Representative Currie.”

“Thank you, Speaker and Members of the House. Traditionally, assessors have been required, in the state, to use income as the means of valuing federally-subsidized rural housing for low income tenants. Last year we extended that same procedure to the other federally- subsidized, low-income rental units and inadvertently took out the specific reference that already covered the rural kind. So this measure just restores to rural subsidized housing the same valuation procedure that used to exist, and I’d appreciate your support.”

“The Lady has moved for passage of House Bill 4461. Is there any discussion? Being none, then the question is, ‘Shall this Bill pass?’ All in favor vote 09300108.doc 42  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 ‘aye’; opposed ‘nay’. 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 114 voting ‘yes’, 0 voting ‘no’, and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 5533.”

“Representative Cross.”

“Very good. Representative Black.”

“The Gentleman has moved for passage of House Bill 5533. Is there any discussion? There being no discussion, Representative Cross, would you like to close?”

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Parke. Okay. Mr. Clerk, would you read House Bill 4833 for Representative Monique Davis.”

“The Lady from Cook, Representative Davis.” Davis, M.: “Thank you, Mr. Speaker. House Bill 4833 mandates that if a van has or carries more than 15 passengers for a fee, the driver or the vehicle becomes a commercial vehicle.”

“The Lady has moved for passage of House Bill 4833. Is there any discussion? The Gentleman from Vermilion, Representative Black.”

“Yeah, Rep…”

“She indicates she’ll yield.”

“Is there any further discussion? There being none, then the question is, ‘Shall House Bill 4833 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4006.”

“Representative Eddy.”

Speaker Hannig: “Is there any further discussion? The Gentleman from Vermilion, Representative Black.”

“Yes. He indicates he’ll yield.”

Speaker Hannig: “The Gentleman from McLean, Representative Brady.”

“He indicates he’ll yield.”

Speaker Hannig: “The Gentleman from Cook, Representative Dunkin.” 09300108.doc 50  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

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

“He indicates he’ll yield.”

“Just a few questions. I’m trying to get some clarification of the dollar amount and how you assess, you know, the $55 thousand. Is that just the prison cost? Then you have one for… no, $61 thousand, 55 thousand and one for 29 thousand.”

“Okay. So, this is… the cost that you have is just to illustrate the value or the impact of an incarceration for such an act?”

“Okay. The other question I have is, why is Cook County opposed to this?”

“I’m sorry. According to my analysis, Cook County Board of Commissioners are opposed to this. I’m just curious as to why.” 09300108.doc 51  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Is there a cost associated with… with this or it’s just a strict penalty?”

“Okay. Thank you.”

Speaker Hannig: “Is there any further discussion? The Gentleman from Champaign, Representative Rose.”

Speaker Hannig: “The record will reflect your intentions, Representative. Is there any further discussion? Then Representative Eddy to close.”

“The question is, ‘Shall House Bill 4006 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4075 for Representative Bradley.”

“Representative Bradley.” Bradley, J.: “Thank you, Mr. Speaker. This Bill would create an affirmative defense in the limited case where a person was prosecuted under a local ordinance. This would create an affirmative defense for self-defense using a firearm in the specific case of prosecution of a local ordinance. It’s a very limited Bill. I think it’s a commonsense Bill. And I would ask the House of Representatives to use commonsense and pass this legislation.”

“The Gentleman has moved for passage of House Bill 4075. And on that question, the Gentleman from Cook, Representative Osterman.”

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

“He indicates he’ll yield.” 09300108.doc 53  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Just a couple quick questions. If people are watching this, what’s the genesis of this Bill?” Bradley, J.: “It was spurred by the gun owners of the State of Illinois in response to the situation in Wilmette.”

“And what happened in Wilmette?” Bradley, J.: “There was a gentleman who was going to be prosecuted, I understand, I’m not for sure about the specifics of that at this time. He was not prosecuted by the… under the more serious charges, but was being considered prosecuted under a local ordinance.”

“So, basically, the… this is only an affirmative defense against the local ordinance. So, if a local ordinance has gun control regulations, this would only be an affirmative defense in the use or possession of a firearm?” Bradley, J.: “In the cases of self-defense with regards to a local ordinance, yes, Representative.”

“Okay. I have two kind of issues about this. One is that its ‘use or possession of’, which means that in theory, someone could have… possess a weapon to defend them self or their person without using that. Which could lead someone to, and it’s not bound by, I guess, any regulations, but someone could possess a firearm and use this as a defense if there’s a local municipality, local ordinance against that.” Bradley, J.: “I don’t… I don’t see that same concern and the… the legislation was amended to make it clearer that this is 09300108.doc 54  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 in the specific instance where someone is prosecuted on the specific act of self-defense.”

“Specific act of self-defense, but if… if someone possesses a firearm, but doesn’t use it. So, if someone’s walking down a street and they’ve got a gun on ‘em and their defense is that they were concerned about their safety, that could be somewhat a defense. They could say that I needed to carry this firearm because I’m going in a bad neighborhood or, you know, I’m concerned that there’s gangs there.” Bradley, J.: “They got bigger problems than local ordinances if they’re doing that.”

“How so?” Bradley, J.: “Well, there are lots of other laws in effect.”

“Criminal ordinances.” Bradley, J.: “This… this allows… you can still prosecute under your local ordinance. You can still have a trial; you can still have it before the trier of fact. The only difference in this case is, is if in fact you’re prosecuted and you were using the firearm in self-defense, and self- defense only, you have a defense to that specific charge. It doesn’t take away any of the rights of the community to prosecute. It doesn’t take away any of the rights of the community to have this heard by a trier of fact. It simply allows a person in the specific limited instance of using this for self-defense to have a defense. Now, the defendant… it’s an affirmative defense. The defendant 09300108.doc 55  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 still has to prove that they were using it in self- defense.”

“Or possess the gun.” Bradley, J.: “Well, if you look at the statute…”

“Because they were concerned about…” Bradley, J.: “…the way the statute’s worded, it’s specific to the case of self-defense.”

“Okay. Another situation, this situation in Wilmette was one where the offender broke in the night before, came back and the homeowner used a gun as the person came at ‘em to defend himself and his family. Right?” Bradley, J.: “That’s correct.”

“The way the Bill is drafted though, this does not say property, whether it be a home or whether it be someone’s property. It could be anywhere.” Bradley, J.: “I didn’t feel it was necessary because practically speaking in… in cases we’re talking about homes. If you have a firearm in some other setting, like I said, there are lots of other laws on the books and lots of other problems that you’re gonna have above and beyond the local ordinance.”

“Well, why not more specifically define it to home or property where someone…” Bradley, J.: “It’s not property; it’s person. It’s self- defense; it’s not defense of property.”

“Right. But some would argue that this is… is kind of a step towards ‘conceal and carry’.” Bradley, J.: “No, it’s…” 09300108.doc 56  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“And my only question would be…” Bradley, J.: “…it’s not intended to be.”

“Well, I know it’s not intended to be, but as you will find in your long career down here what is intended to be and was is actual… the way things are interpreted as they leave this Body, if they’re signed by the Governor, is sometimes two different things. And we oftentimes use this opportunity to more clearly define.” Bradley, J.: “Right.”

“So, I understand, the situation in Wilmette is a case where, ya know…” Bradley, J.: “And I appreciate…”

“…anybody in that situation would have done the exact same thing. However, my concern is a more broader one. Is this gonna be construed that someone can take a gun outside of their home, in their neighborhood, all over the place? In our community, I think people would say that that’s gonna lead to more people carrying firearms…” Bradley, J.: “Well…”

“…which is gonna lead to more people being injured or killed by firearms.” Bradley, J.: “I appreciate your concerns and you’re arguing the slippery slope, and to me the greater, outweighing issue here is commonsense.”

“And I would argue that commonsense would say we might wanna more clearly define this to property or a home, instead of kind of leaving it open-ended. Because I think 09300108.doc 57  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 it can be interpreted by each of the counties in our state differently. To the Bill.”

“To the Bill.”

“The two concerns that I do have, as I stated the Sponsor, I understand his intention here, but this does not just deal with a home. It deals with anywhere an individual feels that they need to defend themselves. And I would ask that all of us look at this very closely. I think it is a slippery slope as we look towards conceal and carry in the State of Illinois. And I wonder if that’s the best thing we should do as far as the safety of our state.”

Speaker Hannig: “The Gentleman from Jackson, Representative Bost.”

“He indicates he’ll yield.” Bradley, J.: “Yes.”

“To the Bill.”

“The Gentleman from Cook, Representative Lang.”

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

“He indicates he’ll yield.” 09300108.doc 59  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Thank you. Hello, Representative.” Bradley, J.: “Hello, Representative.”

“As I think most people on this floor know, I’ve had some pretty strong credentials on the… in the area of gun safety. And so one would assume I would be opposed to this Bill, but I’m not so sure I am. So, I have some questions for you.” Bradley, J.: “Certainly.”

“First, I need to clarify, the only people that would be able to use this affirmative defense would be people who have legal weapons and have FOID cards. Is that correct?” Bradley, J.: “Well, what this would be is this is a completely separate issue from that. You still have the requirement of having a FOID card. You still have the requirement of the other laws. This doesn’t change other laws. What this says in this specific case where someone is prosecuted under a local ordinance in the specific instance where a weapon is used in self-defense that they would have a defense only to the charge under the local ordinance.”

“Well, I understand that, but would this affirmative defense go to someone who had an illegal gun, who did not have a FOID card?” Bradley, J.: “It would go to the charge of the local ordinance. It is not concerned with the other… what other of the violations there might be.”

“Well, I’m gonna turn this way so I can see you, Representative. So, this is an important issue. I… I understand where you wanna give a person an affirmative 09300108.doc 60  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 defense for protecting their property in a case where they have…” Bradley, J.: “Just their person. Just self-defense, not property.”

“All right. But the point is that I understand where in some emergency situations for self-defense purposes, you would give someone the opportunity to use as an affirmative defense, I used the gun as self-defense and then have to prove that affirmative defense. But are you telling me that under this Bill it would be possible for someone to use this defense with an illegal weapon or someone who had a weapon and did not have a FOID card?” Bradley, J.: “I’m not… I’m not clear on what you’re defining as an illegal weapon.”

“Well, an unlicensed weapon or a person without a FOID card.” Bradley, J.: “This law would be applicable, regardless of the status of the FOID card.”

“Well, don’t ya think… let’s talk this through. Don’t ya think it would… first of all, don’t you think… I’ll wait.” Bradley, J.: “I’m sorry.”

“Don’t you think it would be easier to pass the Bill if you made sure that at least the weapon that you were allowing someone to use was a legal weapon?” Bradley, J.: “I don’t… I don’t see that as being germane to the discussion that we’re having today. That is a different issue.” 09300108.doc 61  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“All right. Let’s move on to another subject. I’m looking for a way to vote for this, Representative. You haven’t helped me yet. So, who determines… who determines whether you needed to use this weapon in self-defense?” Bradley, J.: “It would be the trier of fact, either a judge or jury.”

“And so it’s not automatic…” Bradley, J.: “No.”

“…that you have the affirmative defense.” Bradley, J.: “No.”

“And so, let’s assume… let me give you a fact pattern. I go into my home and there’s an intruder…” Bradley, J.: “This reminds me of law school.”

“…and I don’t know… I’m sorry?” Bradley, J.: “This reminds me of law school.”

“I flunked that question. And the intruder is stealing something from my home, they don’t show me a weapon, but somehow I feel threatened and I use my weapon, legal or illegal, FOID card or no FOID card, and I shoot this person. Now, I’m tried, I’m indicted… I’m indicted for shooting this person. One at a time, guys. I’m indicted for shooting this person. So, now as an affirm… I say as an affirmative defense, well, the law that we just passed allows me to prove that I was in danger.” Bradley, J.: “Well, you’re…”

“Now, the question is, where is that line drawn?” Bradley, J.: “Well, that would be drawn by the trier of fact, just like it would be drawn in a more serious charge that 09300108.doc 62  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 would likely be brought against you. In other words, you already a have a self-defense affirmative defense and more serious charges, aggravated charges, et cetera, but in the case of the local ordinance, you do not have that same luxury even though it’s a smaller charge. I liken it to the situation where someone runs across the street to put out someone on fire and they’re prosecuted for jaywalking.”

“And so what do you say to the people who say about this Bill, this is just an… gives people an excuse to go shooting people…” Bradley, J.: “No.”

“…for… It’s just a question, relax, Representative.” Bradley, J.: “No.”

“No. So, it’s simply an affirmative defense.” Bradley, J.: “It’s an affirmative defense for… for the lesser charge under a local ordinance. You know, if you go out and you do something stupid or crazy, you got bigger problems than a local ordinance. This makes the local ordinance affirmative defense consistent with the higher charges that could be levied against you.”

“One more question, I think, there may be others, but I think one more. Under your scenario… Can you hear me, Representative, while you’re signing? Okay. Under your scenario it would be possible, would it not, for someone who has shot someone who they say is in self-defense and they use it as affirmative defense, they could get off of the charge of shooting someone, but still themself in the same case be accused of having an illegal gun or having a 09300108.doc 63  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 weapon without a FOID card. Could we not have a situation where they’re let off the hook on the shooting, but they… they have a problem from having… for having an illegal weapon at the same time?” Bradley, J.: “That would be analogous to the situation we have now, I think.”

“But that could happen?” Bradley, J.: “I believe it could, yes.”

“All right. I’m gonna think this through carefully, Representative.” Bradley, J.: “I appreciate your consideration.”

“But I do think this would be a stronger Bill if you limited this affirmative defense to people who are using a weapon that’s a legal weapon, people who have a FOID card. I think it would be a much stronger affirmative defense.” Bradley, J.: “I appreciate your comments and suggestions and I’m gonna go forward with the Bill as written. But I appreciate…”

“All right. Thank you.” Bradley, J.: “…your wise words.”

“The Gentleman from Champaign, Representative Rose.”

“He indicates he’ll yield.”

“To the Bill.”

“The Lady from Cook, Representative Hamos.”

“Thank you, Speaker, Ladies and Gentlemen. This is a Bill that arose from an incident that happened in Wilmette, which is in my district. And I would like the opportunity to speak to this Bill. So, this is to the Bill. And let 09300108.doc 66  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 me start by first expressing my respect for Mr. Del… DeMar of Wilmette in my district. He demonstrated a great deal of courage by resorting to self-defense when he was faced with the intruder in his home. However, the Village of Wilmette has chosen to ban handguns in that community. And the village leaders stand by that ordinance and are opposing this Bill. And the community, while they are sympathetic to Mr. DeMar, stands by their local ordinance and opposes this Bill. The truth is that House Bill 4075 has little to do with the situation in Wilmette. It’s a strategy by the NRA to undermine the local control of the communities to regulate the possession and use of handguns. That’s what this Bill is about. If this Bill becomes law, there will be a new defense, as we have heard, to local gun ordinances. The new defense is any weapon, anywhere, anytime, no matter who gets shot. And that’s why I’m standing today to urge everybody to vote ‘no’. If you vote for this Bill, you will be approving a backdoor attempt by the NRA to authorize concealed carry in Illinois. And that’s because the way the Bill is drafted. It didn’t have to be drafted this way. People urged the NRA to negotiate on this. But the way the Bill is drafted, it is not limited to defense of an… of one’s home. In fact, the self-defense could be used anytime, anywhere by a person carrying a gun on the streets. If you vote for this Bill, you will also be approving a backdoor attempt by the NRA to preempt Home Rule gun ordinances. House Bill 4075 undermines the Illinois Constitution, which does in fact 09300108.doc 67  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 provide that local municipalities may enact gun ordinances. Somebody here talked about the fact that we have a God- given right to protect ourselves. We also have an Illinois Constitution which allows municipalities to pro… to decide on the protection of their own streets, in their own way. Municipalities under this Bill would continue to have the right under the Illinois Constitution, but they would have no teeth to enforce it. Now, you may have heard, as you did today, that the Criminal Code already protects in these situations and will allow for prosecutions when the gun possession or use is illegal. And that in fact somehow these local gun ordinances are kind of irrelevant. That’s seemingly what people are suggesting. But this is important, Ladies and Gentlemen, what I have learned, and what you may not know, is that these local gun ordinances are used by municipalities to confiscate contraband weapons… contraband weapons. In the Village of Wilmette, they have used this gun ordinance in many cases to take guns away in domestic violence cases when they encounter them. They have also reduced burglaries by 66 percent because of local gun laws. If you vote for House Bill 4075, you will make it impossible for municipalities to confiscate weapons. And as we said, not only when innocent homeowners are exercising their self-defense against an intruder, but also in cases when a situation has escalated… a domestic violence case has escalated and a gun is being bandied about. Now Congress is currently considering whether or not to extend the ban on assault weapons. The 09300108.doc 68  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 NRA, for example, believes that that ban on assault weapons will not be extended. And even though I think it’s… law enforcement is supporting a continued ban. So, if you are voting for this Bill, you will make it also impossible for municipalities to add a ban on assault weapons, something they may want to do if in fact the federal ban expires. So, now we’re not no longer talking about handguns or rifles or guns that are used in sport or hunting, we are talking about assault weapons. With this Bill, you will make it impossible for municipalities to a… to ban assault weapons it for… based on what their own needs are. So, Ladies and Gentlemen, I urge you to vote ‘no’ on this very far-reaching Bill. Local communities should have the right to meet their own safety needs any way that they find most appropriate. Thank you.”

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

“The Parliamentarian will… will take a look at that. Did you wish to address the Bill?”

“Oh, excuse me…”

“Representative, he’s prepared to rule at this time.” 09300108.doc 69  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

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

“Thank you, Mr. Speaker. I know this is gonna sound like dog bites man, and I just heard the eloquent speech by Representative from Evanston. I’m actually gonna vote ‘yes’ on this Bill and I’m gonna tell you why. First of all, I wanna move it along. And I’ll certainly talk to you, maybe we could talk if it gets over to the Senate as to whether I’m right or wrong on my thinking and someone could tell me about it later. I look at this as actually an anti-NRA Bill. And I’m gonna vote for it for just the opposite reasons that were said by some of the people on that side of the aisle. And I’ll tell you why. The charges in this Wilmette case, for those of you who didn’t follow it, the charges were dropped by the State’s Attorney. The State’s Attorney declined to prosecute. And the reason is, is obvious for what everybody said. Here’s the local ordinance. You can’t have a handgun in a home; you can’t own a handgun anywhere in that city. That makes sense to me, I’m for that. I’ve always been for it. I don’t want anybody owning handguns in Chicago. But the reason I think this Bill is important, because what we do now is, we now allow the State’s Attorney not to have to decide whether or not to prosecute. Under this Bill, the 09300108.doc 70  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 State’s Attorney or the local ordinance official or the city attorney now can easily prosecute, because now he leaves it up to the judge to decide whether there were circumstances not to make it a crime. This now takes it out of where the State’s Attorney or the village prosecutor has a moral dilemma where they don’t have to listen to what all the people were saying. If you saw the headlines, the problem was that everybody was writing the prosecutor saying, how could you charge this man, how could you bring him to trial? Well, I say, he violated the ordinance, bring him to trial. All this Bill will allow is him to bring up the defense of self-defense. So, I think this is a perfect compromise. You break the law, you break the ordinance, you should be charged and you should be brought to trial. And this just allows that homeowner to say, but hey, I was defending my life. So, I think this is a good Bill and I think it should move forward. So, I say let’s vote ‘yes’ from the opposite end and say it’s a good gun control Bill. Thank you.”

“The Lady from Cook, Representative Graham.”

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

“He indicates he’ll yield.”

“One of the other Representatives asked the question that the valid… the validity of a person carrying a registered or unregistered handgun. And you said that that didn’t… that didn’t come into play in here.” Bradley, J.: “This… this Bill does not make a distinction.” 09300108.doc 71  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Okay. Is it fair to say in order to own a handgun that you… in order to purchase one that you must have a legal FOID card… FOID card?” Bradley, J.: “You’d have to talk to somebody with more expertise in that field, but generally that’s the case, yes.”

“I’d have to talk to someone with more expertise.” Bradley, J.: “Yeah, but you’re…”

“You’re running a piece of gun legislation and you don’t know whether or not if you have to purchase one that you need a regist… a legal FOID card?” Bradley, J.: “Well, I… the reason I said that is ‘cause I think a child with their parent can purchase one without a FOID card.”

“I couldn’t hear your answer, Representative.” Bradley, J.: “I think a child without their parent can purchase a gun without a FOID card.”

“Mr. Speaker, I can’t hear his response.” Bradley, J.: “I think a child with a parent can purchase a gun without a FOID card is why I brought that up.”

“I have some concerns about this piece of legislation. I… I understand the gentleman being in his home and being paranoid and… and what happened in his home. But where you live and where I live is two different places and that this Bill would actually give gangbangers an opportunity to run rampant on us. I think that they would actually prey on us and everything would become, I did this in self-defense. I think that this Bill will open up a window that you don’t 09300108.doc 72  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 plan to open up. I believe that we should have the opportunity to protect our families. I think that that’s a valid point that you’re making. However, if this legislation opens us… opens us up to a bigger problem, I think that we are… we are opening ourselves up for legislation to come that’s gonna… we’re gonna have to come back and undo what you’re trying to do here.” Bradley, J.: “May I respond?”

“Yes.” Bradley, J.: “If somebody is using a gun in a wrongful way, there are serious criminal charges, which can and will be filed against them currently. This law only appolis… applies to local ordinances. A gangbanger who is out violating the more serious charges, which are felonies, which are Class IV felonies, has a defense of self-defense already. Under the local ordinance, there is no affirmative defense of self-defense. So, I don’t agree with the argument this is gonna proliferate gangbanging.”

“Well, no. You see, what I’m saying is that gangbangers are slick. They’re not just gonna go out and say, I’m a gangbanger and commit this act. They’re going to spin the table into their court. They’re gonna make this Bill work for them. They’re not just gonna go out there like a regular gangbanger and commit the crimes and appear as a gangbanger. They’re gonna make this law work to their defense. They’re not gonna make it work in the way in which…” Bradley, J.: “But there…” 09300108.doc 73  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“…you’re talking about in self-defense.” Bradley, J.: “…there are already affirmative defenses for citizens of the State of Illinois for the higher or greater charges. This is an affirmative defense which applies only to local ordinances. And moreover than that… And I respect your position and I hope… I don’t want you to feel that this is personal in any way and I hope that there’s…”

“Not at all.” Bradley, J.: “And I appreciate the differences between the areas that we represent and I don’t want this to, at any point, become something other than a spirited and lively debate on the issue.”

“Absolutely. I agree.” Bradley, J.: “However, you know, you’ve still gotta go to court and prove that it was self-defense - under either of the circumstances, the higher crimes or the local ordinance violations. I mean the defendant still has to come to court and prove they were using it as self-defense. And so you still have the judges and the juries, which you’re relying upon, to exercise commonsense in administering this particular law.”

“Why is the State’s Attorney against this Bill?” Bradley, J.: “I have no idea.”

“You don’t know why the State’s Attorney is against this Bill?” Bradley, J.: “No.”

“Were there any eyewitnesses in this gentleman’s home that said he was… he was operating in self-defense?” 09300108.doc 74  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 Bradley, J.: “I… I couldn’t answer that.”

“The reason why I ask that question is that a gangbanger would put somebody in a secluded place and if there’s no eyewitnesses, claim that he was doing this in self-defense when he could be operating out of another kid. So, if he is putting himself in a secluded area where there are no eyewitnesses, but he then later claim that this is self-defense. That we open this door… we’re opening… this legislation will open the door for many excuses that we haven’t thought of.” Bradley, J.: “Representative, with all due respect, if in fact there was a scenario where someone was trying to abuse this law, then they are likely trying to abuse laws which are far more serious than the one that we’re dealing with today. Again, we are dealing with an ordinance violation, a local ordinance. There are charges under the State Law which are much more significant and which carry much higher penalties where the affirmative defense of self-defense is already afforded that defendant. So, if in fact they were… they were of the inclination to do something of that nature, they already are afforded that for the higher crimes, and it’s not likely that they are gonna start doing that. They probably already are doing that.”

“To the Bill.”

“To the Bill, Representative.”

“I would ask this Body to seriously think about this piece of legislation. This legislation will open up doors and windows for people to make all kinds of excuses to use 09300108.doc 75  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 handguns. They make ‘em up now and this will only increase that. I have sympathy for the gentleman who was defending himself in his household. I… I totally sympathize with that. But where he lives and where I live in the City of Chicago, it opens up a lot more other opportunities for wrongful… wrongful actions to take place. Last Session I submitted to you statistics of the murder rate. The murder rate is higher in the City of Chicago than anywhere else in the State of Illinois. So, I’m asking you to seriously take a look at this legislation and oppose this legislation, because it is not a good Bill. I do sympathize with it. We should have the right. And I also would like verification of the vote if this Bill should receive its required number of passing, I would like for a verification. I urge you all to vote ‘no’.”

“The Gentleman from Vermilion, Representative Black.”

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

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

“He indicates he’ll yield.”

“Representative, I’ve… I’ve got a… I guess a logistic question that really doesn’t get to the substance of the Bill and what the Bill purports to do. And I appreciate that you’ve come to talk to me a couple of times on this, I really do. What the Bill purports to do is create an affirmative defense to a municipal ordinance in certain enumerated circumstances. My understanding is the only 09300108.doc 78  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 municipalities that are empowered to enact such an ordinance would be a Home Rule municipality. I also heard a ruling from the Parliamentarian that this Bill does not preempt Home Rule. So, as I’m sitting here listening to all the debates… all the debate on the substance of the Bill, I’m just wondering if per… if logistically we are in a situation where the Bill really won’t do anything. And I don’t mean that dismissively. I’m just saying if the Bill can only impact a Home Rule community who can enact this type of ordinance, but we’ve got a ruling that the Bill doesn’t overrule Home Rule. Do you see where I’m going, John?” Bradley, J.: “I don’t see that problem, Representative. I don’t… I don’t see that problem, Representative.”

“How so?” Bradley, J.: “This is a specific affirmative defense to a charge. A municipality can still levy the charge. A municipality still has all the rights that the municipality had before. All this does is… is give a crim… a defendant in a particular case an affirmative defense.”

“No, no. I… I follow you and I’m not even getting to that part of it. What… let me… and maybe I did… I did a bad job of laying out my… my question here and it’s a sincere question. Let me lay it out on a few parts here. Only a Home Rule municipality could enact the type of ordinance at issue here. And this Bill would… Correct?” Bradley, J.: “Yes.” 09300108.doc 79  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Well, here, let’s just stop it right there. The rule from the Parliamentarian is that this Bill does not preempt Home Rule.” Bradley, J.: “That’s correct.”

“So, how then can we create an affirmative defense to a Home Rule municipal ordinance via a piece of legislation that doesn’t preempt Home Rule?” Bradley, J.: “It does not preempt Home Rule. It’s apples and oranges.”

“So, give me an example of a non-Home Rule municipal ordinance that would be impacted by this legislation.” Bradley, J.: “It… it… it’s apples and oranges.”

“Well, and I’m not… I’m not trying to trip you up, but can a… can a non-Home Rule municipality enact an ordinance that would be impacted by this legislation?” Bradley, J.: “You’re talking about a technicality that’s not gonna affect the validity of this Bill.”

“With all due respect, I think this gets to the crux of the Bill. For example, if this were to happen in Chicago or Wilmette, which are Home Rule communities, this Bill would not be… have an impact because it does not preempt Home Rule. Correct?” Bradley, J.: “That’s correct.”

“So, you still would not have an affirmative defense by virtue of this Bill. Is that correct?’ Bradley, J.: “You have an affirmative defense on the charges could be levied against you for the other charges. So, this makes the… it consistent…” 09300108.doc 80  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Ah, but…” Bradley, J.: “…it makes the local ordinances consistent with…”

“With… with… with all due respect… Here, let me let you confer with staff, ‘cause she may have… she may know where I’m going here. In Chicago, if… if this offense happened in the City of Chicago, would this Bill create an affirmative defense to a Chicago Municipal Ordinance?” Bradley, J.: “No.”

“Would it create… had this Bill been law, would it have created a municipal… would it have created an affirmative defense to Wilmette’s Handgun Ordinance?” Bradley, J.: “It does not preempt Home Rule.”

“Is it your under… is it your understanding that this Bill would create an affirmative defense in Wilmette or Chicago or any other Home Rule municipality that has a handgun ordinance?” Bradley, J.: “Can you repeat the question?”

“Without going around in circles and I think both of us are doing this sincerely here, John. The… Go ahead, Representative. I’ll tell you what. Ya know, I don’t want to belabor this. You’ve given me… I think I understand where we’re going here. Based upon your intent and based upon the ruling of the Parliamentarian that this Bill does not preempt Home Rule, I’ll consider my question answered. I do appreciate your efforts of what you’re trying to do.” Bradley, J.: “Thank you.”

“Thank you.” Bradley, J.: “Thank you, John.” 09300108.doc 81  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Representative Kelly.”

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

“He indicates he’ll yield.”

“I just wanted a point of clarification. When someone visited me about the Bill, when they explained it to me, they said that if a robber, let’s say, came into my house, and I legally had a gun, that I could use that gun to protect myself. And is that what you’re saying that the Bill is solely about?” Bradley, J.: “It… there… makes no distinction between legal and illegal.”

“Okay.” Bradley, J.: “It does not make that distinction.”

“Okay. Thank you, Representative.”

“Representative Bradley to close.” Bradley, J.: “I appreciate all the questions and all the lively discussion. And I hope that everyone will exercise commonsense in this particular case. And I request an ‘aye’ vote. Thank you.”

“The question is, ‘Shall House Bill 4075 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Granberg. Mr. Clerk, take the record. And on this question, there are 86 ‘yes’ and 25 ‘no’. There’s been a request for a verification. Does the Lady persist?”

“Mr. Speaker, I withdraw the verification.” 09300108.doc 82  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

Speaker Hannig: “The Lady withdraws her request for the verification. And so, with 86 ‘yes’, 25 ‘no’ and 5 voting ‘present’, this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4023.”

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

“Point of personal privilege, Mr. Speaker.”

“State your point.”

“Thank you. Ladies and Gentlemen, we have a very important group here in our gallery today. I’d ask them to rise, a group from the John Marshall Law School. It is not only my alma mater, but also the alma mater of Representative George Scully. Specifically, we have a very honored guest, the Dean of the Law School, Ms. Patricia Mell. I would ask you to welcome them to Springfield.”

“Welcome to Springfield. And Representative Froehlich on House Bill 4023.”

Speaker Hannig: “And on that question, the Gentleman from McHenry, Representative Franks.”

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

“He indicates he’ll yield.”

“Paul, I’m glad to see you brought this Bill up. We had passed this very similar Bill on two separate occasions three and four years ago and each time the Governor had vetoed that Bill. How is this substantively different than the Bills that we had passed, I believe unanimously in the House, on two other occasions?”

“I think you’ve… I think it’s a very important Bill. We’ve seen this happen much too many times. And have you had a chance to talk to the Governor’s Office? Are they in favor of this Bill? Because whenever we’ve gotten to the goal line before, we’ve always been tripped up by the Governor. Has their office shown any willingness to sign this Bill or to veto the Bill?”

“Yeah, it was my Bill.” 09300108.doc 84  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Terrific. I rise in strong support of the Bill. I appreciate you bringing it forward. And hopefully, we’ll get it passed now with a new Governor. Thank you.”

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

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

“He indicates he’ll yield.”

“Why… you know, since it was unanimous twice, I’m certainly gonna be the only one voting ‘no’. The only thing I would ask is this. Do you feel sometimes when we do this that if I’m at a hockey game and I happen to be a coach, or whatever game we’re talking about here, and you’re at the same hockey game and your son’s watching the game. We’re standing next to each other, pretty close. And let’s say Representative Sacia gets mad at both of us and beats us both up, which he probably could take us. Why should it be that it’s a… enhanced penalty, because I happen to be a coach, and it’s not an enhanced penalty because you’re just a fan. In other words, why should I not be or you not be accorded the same status in the law? You know, I would just like at least get on the record why we’re doing this, that’s all.”

“Yeah, I… well, I will tell you this. In my liberal days in the Senate, I voted ‘no’ on all those Bills. But I came here with more wisdom and I’m a little more conservative nowadays, so I’m gonna vote ‘yes’ on this Bill. But I do think that there comes a time where we’re gonna make the class so big that we’re gonna include everybody. I mean, so, I… you know, I just… I just would make sure that we’re not making anybody a second class citizen. And if I’m a fan and you’re a coach, when I get hit, it hurts just as much; when I get, you know, so… But you get the point, so we’ll stop.”

“Thank you.”

“The Gentleman from Cook, Representative Joyce. The Gentleman declines to speak. So the question is, ‘Shall House Bill 4023 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 1 voting ‘no’. And this Bill, having 09300108.doc 86  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4962.”

“Mr. Clerk, would you take that out of the record at the request of the Sponsor. Mr. Clerk, would you read House Bill 3979.”

“The Lady from Cook, Representative Monique Davis.” Davis, M.: “Thank you, Mr. Speaker. This Bill has passed out of this co… this House twice and got to Second Reading in the Senate and didn’t get heard. The Bill states that any student who is suspended for one or more days, the parent has the right to take the child to an education facility in the community or an organization that offers education in the community. There is absolutely no dollars that will change hands. The money will stay in the original school district. But it does allow us, Mr. Speaker, an opportunity to have our children in a supervised, and hopefully, educational environment rather than home alone or in the mall unsupervised. And I would urge an ‘aye’ vote.”

“The Lady has moved for passage of House Bill 3979. And on that question, Representative Eddy. Representative Eddy.”

“She indicates she’ll yield.”

“Is there any further discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4389.” 09300108.doc 91  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

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

“The Gentleman has moved for passage of House Bill 4389. Is there any discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, 09300108.doc 92  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 6564.”

“The Lady from Cook, Representative Currie.”

“Thank you, Speaker and Members of the House. Under current Illinois Law, an individual parent who is terminally ill may petition the court in a standby adoption situation. That is to say, naming the person who will become the adoptive parent of that child upon the death of the parent. And that system has worked well. In part it means that children who have might otherwise become wards of the state go without funding for two or three months while probate decisions are made are protected during that interim period. This measure would expand the program so that people who are not terminally ill would also be eligible to petition the court to name the future parent, adoptive parent of that child. The situation arises frequently when an elderly person takes over the care of a deceased child’s child. That grandmother may not be terminally ill, but she may be anxious about what will happen to the child in the event that a heart attack or some other disaster befalls. I know of no opposition to the Bill. And I’d be grateful for your support for passage of House Bill 6564.” 09300108.doc 93  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“The Lady has moved for passage of House Bill 6564. Is there any discussion? There being none, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’, 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4444.”

“Representative Hultgren.”

“The Gentleman has moved for passage of House Bill 4444. Is there any discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 97 voting ‘yes’, 19 voting ‘no’ and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4730.”

“Representative Feigenholtz.”

“Thank you, Mr. Speaker. This Bill does two things. It… one of the… the… one thing it does is an initiative of the Department of Public Aid expanding the program to allow treatment for other cancers detected by the breast and cervical cancer screen Bills that we’ve been working on in this chamber. The second thing does is provide for either state or federal minimum wage law, whichever is higher, to be used to calculate the required number of hours of work and wage for workfare type programs.” 09300108.doc 95  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“The Lady has moved for passage of House Bill 4730. Is there any discussion? There being none, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 5215. Excuse me. Mr. Clerk, would you read House Bill 4239.”

“Mr. Clerk, let’s take that out of the record for a few minutes. Mr. Clerk, read House Bill 6618. Out of the record. Let’s… Mr. Clerk, let’s return to House Bill 4239.”

“Representative Lindner.”

“Is there any discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 83 voting ‘yes’ and 33 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 3942. Representative Mary Flowers.”

“The Lady from Cook, Representative Flowers.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 3942 does a couple things. It would require that the schools publish the lunch menu and the nutritional contents and how many calories it may be for that particular meal. And it also would require the school, through the Comprehensive Health Education Program, to include an instruction on suicide. And I’ll be more than happy to answer any questions you may have in regards to this legislation.”

“The Lady has moved for passage of House Bill 3942. And on that question, Representative Eddy.”

“She indicates she’ll yield.” 09300108.doc 97  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Well, you know what, I’m glad you asked that question, because I have not heard from any schools in regards to the fiscal impact because they could print it on the Internet. But more importantly, there is a very important fiscal impact if this does not occur because of the obesity of the children and the health crisis that our children are in. And every newspaper that we’ve been reading in the last couple of weeks have talked about the obesity of our children and the effects it have on their heart, their lack of exercise and the food that they eat. So, if a parent who’s trying to save their child’s life and want to count the calories, if they knew how much the school gave the children that day and then so what the mother is fixing that evening will be in correspondence with what the doctor has required on behalf of that child’s health.”

“Yes.”

“Yes.” 09300108.doc 98  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Very minimum.”

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

“Thank you, Speaker. To the Bill.”

“To the Bill.”

“Ladies and Gentlemen, this Bill is labeled on the board with respect to the obesity issue. The real gem in this Bill is requiring instruction on clinical depression, suicide prevention among kids. This is an issue that I don’t know is growing as much as our recognition of it is growing. And for children to be able to recognize the signs of depression, who to turn to for help, where to go, that it’s okay to go somewhere for help. They need to learn these lessons early on. Being able to teach these kids that early is going to not only prevent unnecessary loss of lives among kids, but among teenagers and adults as well, because they’re gonna recognize these signs early on. Ladies and Gentlemen, however you feel about the obesity component of this, the other component of this Bill is so important. I can’t imagine how anybody could vote against it. Please support this Bill. Thank you.”

“The Lady from Cook, Representative Yarbrough.”

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

“She indicates she’ll yield.” 09300108.doc 99  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Representative, I wanna commend you on this Bill. I know we had a lot of debate on this Bill in committee. But I can’t see how it’s gonna cost so much money to publish anywhere to, you know, this… this information. The other Representative that spoke on the Bill mentioned something about cost; I would think it would be negligible.”

“I agree with you, Representative.”

“Thank you for sponsoring this legislation.”

“Thank you.”

“Is there any further discussion? There being none, the question now is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 81 voting ‘yes’ and 35 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 5020. House Bill 5020.”

“Representative Millner.”

“The Gentleman’s moved for passage of House Bill 5020. Is there any discussion? There being none, 09300108.doc 100  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 then the question is, ‘Shall this Bill… Excuse me, Representative Tenhouse, on this issue.”

“He indicates he’ll yield.”

“To the Bill.”

“Representative Franks.”

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

“He indicates he’ll yield.”

“Representative, I’d like to clarify a few questions that the previous Speaker had asked. I’m looking at House Amendment #1, which makes a couple of changes. In my understanding, this clarifies language on page 1, line 18 that this indicates this only applies to those who have never held a driver’s license under the laws of another state, correct?”

“So, how… who does…”

“…this law apply to then?”

“Okay. Now you couldn’t get a ticket just for using a cell phone while you’re driving?”

“Now the additional citation that one could receive, let’s say they’re… they’re stopped for speeding or reckless driving and they happen to be on the cell phone as well. And that would be an additional fine up to $79?”

“Would that also be considered a moving violation?”

“Oh, can you tell us the genesis of this Bill?”

“Thank you. To the Bill.”

“To the Bill.” 09300108.doc 105  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“When you… when you had first told me about this Bill, John, I remember I would criticize ya and I did… I didn’t like the Bill. And then yesterday I’m driving down to Springfield and I called you on my cell phone, and you explained the Bill and how you had changed it, and I think you’ve come up with a very workable solution to the problem and you were kind enough to include me as a cosponsor on it. And I think you’ve been very thoughtful on this legislation, and I think the bottom line is this legislation could help save lives. But we’re not looking to be punitive and I think it’s something that could… that could help because in… in, what I’d like to see, hopefully next year, is that we’re able to expand this Bill to folks who are shaving while driving. Anytime when they’re, you know, doing things they shouldn’t be doing while driving. You know, I… I’ve seen… I’ve heard stories of people putting on their makeup, talking on the cell phone, eating a hamburger and driving with their knee. I think what we have to… that’s very talented, folks, but it worries me. So, obviously, if people are not paying attention, wha… there should be an extra violation. So, I think this is a good first step to addressing that issue and I re… and I think everyone should vote ‘yes’.”

“The Lady from Kane, Representative Lindner.”

“He indicates he’ll yield.”

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

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

“He indicates he’ll yield.”

“Just… Representative, just one quick question. In committee there was some discussion on dealing with youngsters and how this will affect them from being able to keep their license. I’m a… I’m a little confused here….” 09300108.doc 107  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“And made it what, I’m sorry?”

“Okay, thank you.”

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

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

“He indicates he'll yield.”

“All right. According to my analysis, it says that the Secretary of State is confused. The law is unclear as it relates to the offense against laws and ordinances regulating the movement of traffic. What I’m trying to do is to find out where this is leading to. I mean, it… it’s gonna restrict folk with driver’s permits. Is the next prelude for adult to be restricted as relates to driving with a cell phone?”

“Okay. According to my analysis, it says that the Secretary of State’s Office is con… says this Bill is confusing and the law, excuse me, quote ‘Offenses against laws and ordinances regulating the movement of traffic is unclear as to whether this would be a moving violation for which one would assign points or if it’ll be… entered on a… 09300108.doc 108  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 on a record similar to a seatbelt violation.’. So, my question is, are you aware of the confusion with the constitutional office that actually regulates this particular area?”

“I’m sorry, I can’t hear you.”

“But I… I’m just… I’m trying to understand why his office was so unclear and confused about the moving violations and the various offenses, especially when it come to defining traffic… moving traffic and how you penalize someone.”

“You’ll call me? Oh, that’s a joke. I’m… Did you answer the question?”

“I… I’m just trying to… okay, after this pretty soon you and I are gonna be restricted with using our cell phone while we’re driving, am I right?”

“I understand. But I’m saying, what is this a prelude to?”

“So, if I have a driver’s permit, isn’t that legal?”

“In the State of Illinois?”

“Then why is this Bill so necessary at this moment?”

“Wait a minute. You’re saying that there’s a… an existing law of what this Bill does now?”

“Are there… are there any…”

“…are there any glaring issues that have resulted in severe accidents or deaths as a result of people driving with permits with their cell phones, Representative?”

“Are there any empirical evidence illustrating deaths caused by accidents with individuals who are…”

“Can you express that to us?”

“Okay, you said quadruple from like…”

“…from two to eight?”

“I mean what are the… what are… what are the exact numbers with this?”

“I’m sorry, can you repeat that? We’re not hearing you?”

“Okay… okay, so, okay, I don’t, you know, again, I’m not sure. Mr. Speaker, can you get order in the chamber? Okay, again, what… I guess my question is, I’m trying to find out im… the empirical or the factual numbers, the empirical evidence that says if it went from 200 accidents or deaths to 400 to 800 or if it’s from 2 to 8. I’m trying to find out the real merit for this Bill.” 09300108.doc 111  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Okay.”

“Okay, well, I’m speaking of Illinois. I will narrow it down. What I would like to do, I mean, actually I’d like to ask you, since this is on Third Reading, if you can hold this legislation until, if it… if it’s not a problem, if you can provide that information. Again, empirical evidence as of why this legislation is needed, especially as it relates to death in Illinois with individuals using permits to drive in our state in Illinois.”

“All right. Out of the record. Mr. Clerk, would you read House Bill 6618?”

“Representative Flider.”

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 6618 is a… was introduced at the request of the local YMCA chapter, and it’s also sponsored by the Illinois Association of YMCAs. And this legislation would amend the labor law which currently requires that a parent or a guardian would accompany a 12- or 13-year-old minor who is officiating youth sports activities for nonprofit 09300108.doc 112  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 youth club, park district or municipal park and recreation department. And this Bill would allow this requirement to be met if an adult who is designated by the parent or guardian accompanies the may… the minor. And I would appreciate your support.”

“The Gentleman has moved for passage of House Bill 6618. And on that question, Representative Scully. And the Gentleman does not wish to… does not seek recognition. Is there any further discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 6745.”

“The Lady from Cook, Representative Lyons.” Lyons, E.: “Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I think we can all agree, given the political landscape and the campaigns that we just heard, that our greatest concern, especially here in Illinois, has got to be jobs. We recognized the error of our ways in this chamber in that regard when we voted to reinstate the rolling stock exemption for the trucking industry before there was a mass exodus of jobs in that industry from the 09300108.doc 113  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 state. This is an effort as part of a bigger package to stop the hemorrhaging of other jobs here in Illinois. We have lost 150 thousand manufacturing jobs here in Illinois. We cannot compete for those jobs that are sent to foreign countries anymore because unless we lower the minimum wage to 25 cents an hour. However, in order to maintain and keep the higher level jobs, we must be able to compete in today’s technological work environment. Illinois is now the only industrial state without a tax credit. Wisconsin is even luring technology companies by providing credit for just locating in this state. An Associated Press report has determined that if companies in Illinois want to survive, they have to be faster, better and smarter. House Bill 6745 reinstates and expends the R&D tax credit to companies in Illinois so we can compete so that we can maintain the jobs that are going to produce yet even more employment due to new products, new designs and new approaches to… par… new approaches to pro… productivity. I would encourage your ‘aye’ support.”

“The Lady has moved for passage of House Bill 6745. And on that question, Representative Currie.”

“Thank you, Speaker, Members of the House. Representative, could you give us an idea the cost of this particular tax break?” Lyons, E.: “The estimate from the Ec & Fisc Commission that I was given was $15 million. I think that is probably the minimum that it will be. But I know the Department of Revenue has considered it to be more, but there’s no way of 09300108.doc 114  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 telling that and my argument is the return on that investment is going to be so much greater in the jobs that we… that we will procure in the state, this state.”

“Now we used to have a research credit that was sig… significantly smaller, more narrowly crafted than this one would be. And that I suspect is why the estimates of the cost here could be 30, 50 million dollars, we don’t know. It’s not clear to me that we ever were able to evaluate the effectiveness of the old research credit. In fact, it isn’t clear to me at all that we created jobs that otherwise would not have been created, rather we just asked the taxpayers to fund this particular activity. I would just like the Members of the House… to the Bill, Speaker, to note that this is not a freebie. What this Bill says is that we’re gonna be spending 15, 30, 50 million dollars of the state budget on a program that may or may not bring economic development to the State of Illinois, moneys that are not in the Governor’s budget, moneys that if they are in the budget will mean something that was in the Governor’s proposed budget will not be there at the end of the day. So, when you decide how you want to vote on House Bill 6745, think about what it is you plan to cut from the Governor’s proposed spending plan before we finish our work at the end of May. Thank you.”

Speaker Hannig: “The Gentleman from Peoria, Representative Leitch.”

“The Gentleman from Vermilion, Representative Black.”

“The Gentleman from Cook, Representative Lang.”

“Thank you, Mr. Speaker. Will the Sponsor yield?” 09300108.doc 119  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“He indicates… she indicates she’ll yield.”

“Representative, we had an R&D credit, which disappeared last year, and you’re attempting to reinstate an R&D credit. But this is different than the one we originally had, is that correct?” Lyons, E.: “Yes.”

“Can you tell us how it differs?” Lyons, E.: “Sure. The original R&D tax credit would take a company who invests $1 million the first year, $1 million the second year, and $1 million the third and after the third year whatever increase over the 1… $1 million, they would get a 6½ percent credit for that. This Bill would do it yearly. So, they would get a credit on the… the entire… the entire $4 million.”

“So, this is a broader credit than the one we originally had?” Lyons, E.: “It is.”

“And what would the rationale be for returning not simply to an R&D credit but to a different R&D credit that’s broader?” Lyons, E.: “For the… for the sole reason for the R&D credit to begin with is that we want to encourage companies in Illinois to first of all to keep the jobs we have here in Illinois. We have got to get into the technological age. As I mentioned in my introduction, we have lost manufacturing jobs in this state and those jobs that have gone overseas we cannot compete with because our… unless they said the minimum wage goes down to 25 cents an hour. 09300108.doc 120  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 We have got to keep these higher level jobs in the State of Illinois. We are the only industrialized state that does not have an R&D tax credit. We have got to enhance it to allure companies to Illinois and to keep the ones we have to make sure we… we keep those higher level jobs.”

“So, you brought up an issue that I was gonna ask you about next, other states. How does this compare to the… what you’re proposing… how does it compare to the R&D credits that other states have?” Lyons, E.: “Oh, I don’t have that… Well, I can’t give you individualized comparisons. All I can tell you is that all… that all the Midwest states do have a R&D tax credit. I’m sorry, I can’t give you an individual comparison.”

“Well, do you have one or two? Does staff, perhaps near you, have one or two to compare it to? No. All right, thank you. To the Bill.”

“To the Bill.”

“Well, I think there’s some considerable concern regarding the cost of this measure. The fact remains, Ladies and Gentlemen, that we’re losing jobs in our state. We’re losing good jobs. We’re losing lower level jobs. And while there’s a… in some corners they rush to judgment to try to get more and more money from business. I do think we have to recognize that business is at a crossroads in our state, too. Not only does the State of Illinois right now have trouble making ends meet, funding education and health care, et cetera, but business all over our state really is having some difficulty making ends meet as well. 09300108.doc 121  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 And it seems to me that while we may not want to give up the amount of money that this Bill will cost GRF, the fact is we in the long run have to encourage business to keep jobs here to improve the economy. And so while it may surprise some, I intend to vote ‘aye’ on this legislation.”

“Representative Reitz.”

“Thank you, Mr. Speaker. Actually, to the Bill. I… I think we all agree that, you know, there are some exemptions that we need to restore. I appreciate the Representative’s efforts here. But the bottom line is we still have a $2 billion deficit. I think anything that we do should be: one, probably toward whatever particular business that is, not just carte blanche for any research and development or any type of business. It should add and be a good investment for the state for economic development. But all of these issues should be directed and part of the budget negotiation to make sure that we can leave here with a balanced budget. So… so while I appreciate the efforts, I’m going to have to oppose this measure. Thank you.”

“The Lady from Cook, Representative Lyons, to close.” Lyons, E.: “Thank you, Mr. Speaker. And thank you to the previous speakers for their comments. I just want to let you know that a vote for this Bill is a vote that you want to enhance the business climate in the State of Illinois. This is a vote for increasing jobs in the State of Illinois. We do not appropriate R&D and as… as someone 09300108.doc 122  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 mentioned earlier is that it hasn’t been proven that these R&D tax credits have helped the economy. But no one’s tracking that and the fact that it does not and I mean, you… it’s very difficult to prove a negative. We are convinced that this is going to help the business climate in this state and I would urge an ‘aye’ vote.”

“The question is, 'Shall House Bill 6745 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 76 voting ‘yes’, 32 voting ‘no’ and 7 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 7029?”

“Representative Flowers.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 7029 would increase the scholarship funding for nurses. And I’ll be more than happy to answer any questions you may have in regards to the Bill.”

“The Lady has moved for passage of House Bill 7029. Is there any discussion? The Lady from Cook, Representative Mulligan.”

“She indicates she’ll yield.”

“Representative, the Bill deal with the scholarship increase specifics. It doesn’t say what comes first or in the order in which it occurs. It mere… it deals with the scholarship fund in increasing the amount.”

“I’m sorry, would you please repeat that.”

“You know what, Representative, the only intent of this legislation is to increase the fee to make sure that the nurses are gonna be there. Now as far as the question that you’re asking, I think that’s a separate piece of legislation and that should be addressed separately and not… I don’t want to give any implication one way or the other. I just want to stick to House Bill 7029, which would increase the amount of moneys for more nurses across this state.”

“To the Bill.”

Speaker Hannig: “The Gentleman from Macon, Representative Flider.”

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

“She indicates she’ll yield.”

"Representative, I was reading our analysis and the analysis indicates that the Department of Regulation intends to increase fees by $20 to $60. And, I guess my question is relating to a meeting that I had earlier this week in my district with some nurses where they were actually concerned that their fees had already been increased. And I was wondering if this legislation, in 09300108.doc 126  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 fact, increases those fees or if those fees have already been raised?”

“Representative, this Bill merely says that the nurses… that they… that the department can spend more moneys out of the funds. This has nothing to do with the fee increase.”

"Thank you very much. In fact, I think the representative at… at the meeting that I had at my district the representative of the Department of Regulation had indicated that, in fact, it was the intent of the department to utilize additional funds to create a scholarship program. So, I think this is consistent with what he was telling the nurses, whether or not they necessarily were pleased at that point with the fee increase, it was at least the commitment he was making. So, I just wanted to clarify that. Thank you very much.”

“Thank you.”

Speaker Hannig: “The Gentleman from McHenry, Representative Franks. Representative Franks.”

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

“Yes.”

“She indicates she’ll yield.”

“Mary, I’m reading the analysis here and I’m a little confused and I’m reading the Bill as well. Will the net result of this Bill increase the fees that the nurses pay or has that already been done and there’s no fee increase in this Bill?”

“There is no… there is no increase in fees.” 09300108.doc 127  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Okay.”

“This will only make more moneys available for scholarship to increase nurses across the state.”

“That’s a wonderful idea. And I…”

“Thank you.”

“…I also see in here you have a law saying that the moneys can only be used for scholarships. So, hopefully we won’t have diversion of funds.”

“As…”

“As we’ve seen in other areas in the budget.”

“…you’re absolutely right…”

“Well, thank…”

“…because it’s dedicated specifically for that.”

“Well, I appreciate you clarifying it because there’s been some confusion. I think that makes it easier for all of us to vote ‘yes’ since there’s absolutely no fee increase in this Bill.”

“Thank you.”

“Thank you. I’d like to… I’ll talk to you. Thank you.”

“Is there any further discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed vote ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, 09300108.doc 128  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 is hereby declared passed. Representative Lang, for what reason do you rise?”

“Thank you, Mr. Speaker, point of personal privilege, please.”

“Sta… state your point.”

“Thanks. I’ve been asked to introduce the Village Board and the Chief of Police and the Village Clerk of the Village of Maywood somewhere up in the gallery. Thank you for coming.”

“Welcome to Springfield. Mr. Clerk, would you read House Bill 4739.”

“The Lady from Cook, Representative Lyons.” Lyons, E.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4739 merely removes the reporting requirement from marital rape. Women who are raped by their husbands should be treated the same under the law as women raped by acquaintances or strangers. This is just an… inadvertent… part of the law that was left on the books that really should be removed. It’s past its time. And I’d be happy to answer any questions.”

“The Lady has moved for passage of House Bill 4739. Is there any discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who 09300108.doc 129  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4395.”

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

“Thank you. House Bill 4395 actually combines a couple initiatives of the Illinois Coalition Against Sexual Assault and the Illinois Coalition Against Domestic Violence. And it has some cleanup language that was sought by the State’s Attorneys Offices and various judges. We know of no opposition to the Bill. I request an ‘aye’ vote. Thank you.”

“The Gentleman’s moved for passage of House Bill 4395. Is there any discussion? There being none, then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are… there are 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4120.”

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

“And on that question, the Gentleman from Cook, Representative Molaro.”

“Thank you. Will the Sponsor yield?”

“He indicates he'll yield.”

“Well, we’ve… we’ve had this little bit of a debate before. It’s like an offshoot of the other Bill. But this 09300108.doc 131  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 one even is a little more bothersome to me. In misdemeanors now, Class A misdemeanor, up to a year in jail, up to $25 hundred. Okay. So, we can do what you’re asking us to do already, in that we can fine them a $1 thousand. So, I guess the reason you’re doing this is because of these laxical, (sic-lackadaisical) lazy judges that won’t impose the fine? Because obviously we can get that now, is that correct? I mean are you sending a message to this… to the judiciary today? Is that why we’re doing this?”

“But they can… but they can go to jail up to a year and they can be fined up to $25 hundred.”

“So….”

“Right.”

“Well...”

“I…”

“…well…” 09300108.doc 132  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“…well…”

“…but… but….”

“Did… did somebody just walk in? I wasn’t paying attention. I was talking on a Bill over here and someone walked in…”

“Nah. Well, anyway.”

“Well, yeah, no, it wasn’t for me. Right. Nobody was listening to me anyway, so what difference does it make. Well, let’s… let’s hope they don’t. But, Representative, I just got to do this and say it. Let… let’s hope everybody votes for the Bill. I’m not… I hope they do vote for the Bill, because it’s probably a good one. And we need to send a message. Unfortunately, I’m gonna have to vote ‘present’ or ‘no’, because I’m just worried about the fact that it’s bad enough we did it with felonies. Now we’re gonna start creating classes within misdemeanors. What… what is a mandatory fine? So, in other words, I think of a lot of bad actions and one of ‘em is certainly this beating up on coaches. But there’s so many bad actions that we’re just gonna start coming back and I’m just afraid that we’re gonna start coming up with minimum fines within 09300108.doc 133  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 misdemeanors for more and more classes of… of misdemeanors. So, it kind of scares me. The second thing, Representative, second thing that bothers me is this. And … I don’t want to rile anybody up, so I hope I don’t. But I’m still always worried about fines. So, we have a minimum fine of a thousand dollars. I would almost want it to be minimum swap program, minimum community service. And the reason that is, is if you make $200 thousand a year, you’ll write the damn check. If you don’t make any money and the judge must fine you, no matter what, he has to fine you a thousand dollars. You know, what the defendant’s gonna say? I don’t have a thousand dollars. Are we gonna… do… does your Bill call for a payment plan? I mean what happens if someone doesn’t have a thousand dollars?”

“What are we gonna go, stay minimus? That way you don’t show up and you don’t pay it. We’re gonna have to issue a warrant for their arrest, and we’re gonna be doing all of this when maybe we should do community service instead of a thousand dollar fine - because I do want to stop people from beating up coaches.”

“The Gentleman from Vermilion, Representative Black.” 09300108.doc 134  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Yes. State your inquiry.”

“Representative, I think they were… they were looking at you.”

“I think, Repre… Representative, we have a…”

“I think the esteemed State Senator Barack Obama has joined us.”

“Absolutely.”

“Ab… absolutely, Representative.”

“He indicates he'll yield.”

“And on… and on that, the question now is, ‘Shall House Bill 4120 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. And on this question, there are 114 voting ‘yes’, 1 voting ‘no’ and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 6786.”

“The… Representative Osmond, for what reason do you rise?”

Speaker Hannig: “The record will show your intentions of wishing to vote ‘yes’, Representative. And now on House Bill 6786, Representative Gordon.”

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, this Bill merely makes specific conditions… of parole man… mandatory supervisory leave for sex offenders. Right now when a sex offender’s released from prison, they’re subject to the same parole conditions as for example, a car thief. This Bill clarifies that. Puts specific conditions on a sex offender’s… It is… it is an 09300108.doc 137  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 excellent Bill. It is… this is a… part of society that we need to control that we need to watch over a little bit more closely. And I urge an ‘aye’ vote.”

“The Lady has moved for passage of House Bill 6786. Is there any discussion? There being none, the question is, ‘Shall this… Excuse me, Representative Black, the Gentleman from Vermilion.”

“She indicates she’ll yield.”

"As far as it takes to keep our children safe and our community safe, Representative.”

"Well, under… under this Bill that… the… how long the regulations last and the specific regulations that they’re going to be subjected to are at the discretion of the Prisoner Review Board, taking that into consideration if… if a offense was that far in the past and… and now… and now they’re at that situation.”

"This…”

"…anyone who’s subject to the Sex Offender Registration Act. So, a… a felony sex offense.”

"I… I… I’m sorry, I can’t hear.”

"Under existing law, yes.”

"Possibly.” 09300108.doc 139  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

"No, and I understand that.”

"I look… I look forward to that discussion, Representative.”

“Is there any further discussion? There being none, the question now is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’ and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Yarbrough, for what reason do you rise?”

“Point of personal privilege.”

“Yes. State your point.”

“I’d like to welcome the West Central Municipal Conference which represents the Villages of Bellwood, Berkley, Broadview, Countryside, Elmwood Park, Forest Park, Franklin Park, Harwood Heights, Hillside, Maywood, Northlake, Oak Park, Riverside, Western Springs. Welcome”

“Welcome to Springfield. Mr. Clerk, would you read House Bill 7026.”

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

“The Gentleman’s moved for passage of House Bill 7026. Is there any discussion? There being none, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 5016?”

“Okay. Out of the record at the request of the Sponsor. Mr. Clerk, would you read House Bill 4862?”

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

“The Gentleman has moved for passage of House Bill 4862. Is there any discussion? There being none, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4086.”

“Representative Graham”

“Thank you, Mr. Speaker. House Bill 4086 is… It’s kind of clarifying what the state already does. There’s been a number of incidents, and we’d like for the state to track them, backover incidents and power windows. Right now the Department of Children and Family Services track those incidents. But because there’s not a detailed report that goes along with the death certificate, it is hard for them to tell how the child died. So, we’re asking that a detailed report go along with the death certificate so the Department of Children and Family Services can track how the child actually died. And also, we’re asking that the hospitals’ trauma units report if there has been an injury due to a power window incident or a backup… a backover incident. Asking that the registrars report those 09300108.doc 143  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 incidents so that we can clearly understand what’s happening, if there’s a large number of fatalities or injuries due to backover or power window incidents. As well as when we were doing this research on this particular legislation, we found out that detailed reports will further assist the Department of Children and Family Services in learning how a child dies. If it’s due to drowning, if the death certificate says the child died, it doesn’t say whether the child died in a swimming pool, bathtub or a toilet. It will help them understand how the child actually dies. So, I urge an ‘aye’ vote on this Bill.”

“The Lady has moved for passage of House Bill 4086. And on that question, the Gentleman from Cook, Representative Parke.”

“She indicates she’ll yield.”

“I think the objections to the legislation that there was a Bill that ran prior to that one that I expressed some discomfort in. And the committee felt uncomfortable with me explaining to them how I felt about the Bill and elected to vote ‘no’ on this study.”

“Yes, that’s the Bill that…”

“…House Bill 4085 that is asking that automobile dealers put sensors on the back of all of their vehicles.”

“No. This Bill is in reference to injur… injuries and the deaths of children. It is now asking the state, which they already do, but when we started doing the research going back to find out how many children had been actually backed over the Department of Children and Family Services told us that they had three. But upon further research, they found out that the number was clouded because the death certificate only said ‘car accident’. Because the state doesn’t track nontraffic, noncollision accidents. So there’s only a report that goes out but does not follow the death certificate all the way specifying how the child actually died. So, the statistics are diluted because all the details have not gone along with the death certificate. Therefore, the Department of Children and Family Services are not able to track specifically how the child died.”

“There is a state… there is a body of people called the Illinois Child Fatality Review Team. This review team reviews all children’s deaths across the… the state and combines, sends that information up to the Federal Government who then put forths, maybe create legislation to 09300108.doc 145  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 prevent what has been happening once the ret… review team has gotten together and looked at various incidents.”

“There isn’t any. Because they already… there’s an incident report that’s already generated by the police… by the police departments. Those reports will go along with the death certificates to… to give them further details on how the child died. They already do ‘em. But right now the death certificates do… the incident reports do not follow a chain of command so that they can make it to the person who is actually putting together the statistics.”

“The trauma registry as of today when we talk with the Department of Children and Family Services are not doing what the state has already asked them to do. So, this is telling them to… We’re asking them to again go back and put those reports together and… and submit those on. It is a registry that’s in place. Everybod… every hospital has one. But at… if they’re actually submitting in the reports, we don’t know that.”

Speaker Hannig: “The Gentleman from McLean, Representative Brady.”

“She indicates she'll yield." 09300108.doc 146  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“That’s right.”

“Yes, absolutely.”

“Yes.”

“The Department of Children and Family Services is a point person. They have a point person who serves on that board. They’re a point person. Everyone sends their reports to the Department of Children and Family Services for when a child dies. When a child, if it’s not a fatality, then those reports are coming from the registry, the trauma registry. Then they send the reports for the statistics for children who did not die in an incident.”

“No.” 09300108.doc 147  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“No. DCFS tracks all children’s deaths, whether the child had involvement with the detro… with the Department of Children and Family Services or not. They track every child’s death in the State of Illinois, whether they had involvement with the Department or not. That is their job as part of being… a part of the review team.”

“I… say what you just said again. Say what you said again, I didn’t hear you.”

“Okay. What the problem is, excuse me, I can’t see with this Gentleman standing here, I can’t see. You’re absolutely right in stating that if you went to investigate how a child died with the Freedom of Information Act, you or I could go and find that information out. But what happens is, the coroner does send his report to the Department of Children and Family Services. And in his report, he indicates only car accident. The details of how the child died is left behind with the coroner. So, when the Department of Children and Family Services goes to the review team, they just said the child died in a car accident. The rest of the details on how the child died is lost. The only way that they go farther investigating the child’s death is if that child had some sort of involvement with the Department of Children and Family Services already. So, that the state could have a clearer depiction of how a child in their custody died. If the child was not in their custody, they do no further research.”

“No… no, it’s not. I… I understand that you may have worked for the coroner’s office before. But I’m telling you that I’ve investigated this. And I’m telling you that the Department of Children and Family Services receives 09300108.doc 149  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 that death certificate because it’s part of a rev… review team. Now just because you’ve worked for the coroner’s office and it’s us… if you’re telling me you saw everything behind the scene what happened, I’m telling you that that’s incorrect. I’m telling you, in fact, that those re… those reports are passed on, not the report, but the death certificate.”

“The death certificate, not the report. We’re asking that the dea… I spoke with them, all the way from the federal level. They told me how they got their information. And I went backwards to find out how that information was fed up to them.”

“So, I’ve done the research, Representative.”

“We’re asking that once a… annual report is put together on how a child dies that that report has all the details necessary in it to understand how the child dies.”

“Yes, there is a report out there. But that report does not go along with the coroner’s report to the Department of Children and Family Services. I agree with you that there’s a report somewhere that you can fill out a Freedom of Information Act and get. But once an annual report is done by the review team, th… that stuff is missing information, vital information that has not been passed on to them. We’ve already determined that.”

“We want those reports to go on.”

“The objective of this Bill is…”

“The objective of this Bill is the very report that you’re talking about that is in the coroner’s office that report should follow its death certificate on to the Department of Children and Family Services. We should not have to apply for independent piece of… independent freedom of information to get it. That information should freely go along ‘cause it’s already done filled out to the person who is putting together an annual report when the news media says ‘XYZ number of children died because of this and that and the other’, he’s getting that from these reports. But we’re saying that the reports are not a clear depiction 09300108.doc 151  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 of how the child died. So, if those detailed reports go along with the death certificate, they’ll have a clear depiction in their statistics when they do these reports.”

“Representative, they are available for you and I to go and get. But for the people who are accepting these reports from places all over the counties, all over the State of Illinois, they’re not gonna go and file Freedom of Information Acts for all of these incidents. Those reports should follow the death certificate all the way to the person who is keeping the statistics for the state. Why should they have to come back and file a Freedom of Information Act when those reports can go in the first place on to the person who’s keeping the main statistics for the state? That… that’s the problem.”

“Well, I just want to add something else. You just made something very important to me. You said that for the staff if they’re shorthanded, they won’t have to do any more research because the information will already be in front of them. All they would have to do is review the documents that have been sent to them with the death certificate. They won’t have to do any more leg work. They won’t have to do anything in additional. Right now, if someone dies who is in custody of the Department of Children and Family Services, they have to go and investigate because the reports did not follow the death certificate. That’s according to the Department of Children and Family Services. They have to go and investigate, get the additional information that was not sent along with the death certificate to them. All I’m saying is that they won’t have to do anything else. The reports will follow the death certificate.”

“Thank you, Representative.”

“The Gentleman from Vermilion, Representative Black.”

“The… the… yeah, the….”

“Absolutely. That’s everyone, absolutely.”

“No, I don’t.”

“What’s happening now is that it’s supposed to be in place that they send those detail reports now. But they’re not. All they’re required to send is the death certificate and I… and this law is now mandating that they send the 09300108.doc 154  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 reports. That’s what this law does. Yes, that information is available for them to do additional paperwork and to follow the deaths of all these kids around the State of Illinois. Yes, we can do that. But why do that if we can have those reports sent automatically.”

“The death certificates are going anyway.”

“I apologize, yes.”

“I’m sure, Representative, that’s not the only information that those reports will be used for. The Department of Children and Family Services, as I stated before, did say that they had a problem with being able to track children that may have been in their custody when the death certificate only says that the child may have drowned.”

“It does not specify how the child died.”

“Yes, yes. Representative, track… they already track the children they… this would be all inclusive. It doesn’t matter whether the child was in DCFS custody or not. This report would be all inclusive. It wouldn’t matter whether they had… whether they had involvement or no involvement. This Bill would be all inclusive internment… in determining how a child died, no matter how the child died. This Bill just simply highlights a little bit about the fact that 09300108.doc 156  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 backover or power window incidents. But this Bill tracks every incident. And this just not about power windows or backover. It attra… it… it…”

“…tracks every death.”

“Upon my research, Representative Black, when I spoke to the Illinois… when I spoke to the Department of Children and Family Services and the trauma unit, the Department of Children and Family Services currently track every child’s death in the State of Illinois. What’s wrong with the statistics that they have when they are asked to give up statistics regarding how a child dies, it’s… it’s not clear always how a child dies if the death certificate just says car accident. These reports will help them have clearer statistics on how a child dies. This was an ex… an expression… this is what they expressed to me, the problems in what they had in having a… in giving clear statistics. That’s what this is all about.”

“You know what, Representative, I’m after how any child dies in the State of Illinois. And I did look at the fact that I saw on a report that children were being backed over 09300108.doc 157  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 by their own mothers and fathers in driveways and that they were being… that they were dying, rolling themselves up in power window accidents. And when we looked at trying to find out the accurate statistics of how those children died, it was not clear. The death certificate only said car accident. But when they went further upon investigation they found out more because of the vet… investigation that the children, and it was not a collision or a non-tra… traffic… it was nontraffic it was done in a driveway bases… versus being on the street. So, that’s how we were able to find out how many children that they knew about that had been backed over or killed themselves in a power window incident.”

“Because DCFS told me themselves. The point… the point person…”

“Sherry Barr from the Department of Children and Family Services.”

“She’s… she’s not the director. She’s the person who’s the point… she’s the point person over collecting statistics. I have documentation from her, Representative, and I’d like to share that with you if… if I may? I have the reg… the… the trauma registry people, I can share that information with you.”

“Representative, I’ll be happy to pull this rec… this Bill out of the record until I get some of your questions answered.”

“Okay. Out of the record at the request of the Sponsor. Mr. Clerk, would you read House Bill 4779. Representative Moffitt.”

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

“The Gentleman has moved for passage of House Bill 4779. And on that question, the Gentleman from Vermilion, Representative Black.”

“He indicates he'll yield.”

Speaker Hannig: “The Gentleman from McLean, Representative Brady.”

“He indicates he'll yield.”

Speaker Hannig: “Any further discussion? There being no further discussion, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. And the 09300108.doc 163  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4996.”

“The Gentleman from St. Clair, Representative Holbrook.”

“Thank you, Speaker. House Bill 4996 is continuing the tradition here in Illinois of rewarding our veterans when they return with a small bonus. In this case, it… continuing with the hundred dollar bonus. It’s just as we have ever since World War II through Vietnam, Persian Gulf and Korea. I know of no opposition to the Bill. I’d be glad to take any questions.”

“The Gentleman has moved for passage of House Bill 4996. Is there any discussion? There being no discussion, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4431.” 09300108.doc 164  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Representative Munson.”

“The Lady has moved for passage of House Bill 4431. Is there any discussion? Then the question is, 09300108.doc 165  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 1 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you real… read House Bill 4338.”

“The Gentleman from Winnebago, Representative Jefferson.”

“Thank you, Mr. Speaker, Members of the House. This Bill amends the Illinois Vehicle Code. It provides that a local agency may delegate to a superintendent of highways the authority to set reduced speed limits within construction or maintenance zones. It provides that if a superintendent of highway sets a reduced speed limit for construction or maintenance zone under the new provision the local agency must maintain a record of the location of the construction. And I would ask for a ‘no’ vote… for an ‘aye’ vote.”

“The Gentleman has moved for passage of House Bill 4338. Is there any discussion? There being no discussion, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there 116 voting ‘yes’ and 0 voting ‘no’. And 09300108.doc 166  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 5131.”

“The Lady from Lake, Representative Osmond.”

“The Lady has moved for passage of House Bill 5131. And on that question, the Gentleman from McHenry, Representative Franks.”

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

“The Lady indicates she’ll yield.”

“Thank you. Representative, I see in my analysis here that one of the proponents is Explore Information Services. What kind of business are they?” 09300108.doc 167  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Would any of this information that… what this Bill would allow to be sold, would it be able to go to private entities to be used for commercial purposes?”

“But right now are they able to take our personal information and sell it for commercial purposes? That… that’d be a better question.”

“I see what you’re trying to do. But I… I tell ya what my concern is and maybe you can alleviate it. I’m worried that this information can be manipulated in such a way that it can be turned to third parties beyond just the insurance. I don’t know if there’s any procedural safeguards placed here, because I certainly don’t want to start getting phone calls at home if I’ve gotten a traffic citation from someone… from some lawyer for instance saying we want to help you on your ticket because you had points written on here. Or I don’t want to get a call from some 09300108.doc 168  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 third party manufacturer of after market parts for my Corvette Stingray that I may own.”

“Oh, what I guess I’m trying to do is to limit. Let’s assume that this information gets out and this information obvious… obviously has a value. Or else people wouldn’t want it. I’d like to see some restraints on this being used only for this informational purposes that you’re talking about for insurance companies.”

“Because I don’t want them then to be able to turn around and sell this information to somebody else, so they can make money on it.”

“No, I understand what he’s doing now. But I’m just worried that our private information, because this is very personal information. I wonder what kind of procedural safeguards are put into effect if this doesn’t turn in… if it’s not turned over to additional parties. Because once they use it for one information for your insurance company, what’s stopping them from then turning around and using that same database and marketing it to just a number of marketers?” 09300108.doc 169  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“I… I understand that. But I’d… what I’d like to see if we allow that, to expand it, that we also have a concurrent contractor saying you can get this but nobody… but then you can’t turn around and sell it. I don’t want this to become a commodity. They’re doing this for legitimate insurance purposes correctly… correct?”

“Sure. But then they can use this for not so pure reasons. They… because I believe that the… that the information that they have is invaluable to direct marketers.”

“Well, it is expanding because it’s allowing them to sell the… what I’d like to see, if they’re gonna sell it and you’d like to get this done, I’d like to also see then that they’re not allowed, the people who purchased this, to then turn around and sell it. Because I think our most fundamental right is the right to be left alone. And I don’t want somebody because I have to give the government my personal information that the government should then turn it over to someone who could then sell it to whoever they want to, to come bother me at my house.” 09300108.doc 170  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“I guess I’m confused on this ‘cause I know I had a Bill up a couple years ago trying to limit the sale of this and the Secretary of State, as I recall, was in support of that and this seems to be an expansion, rather than a contraction.”

“I… I understand the data… Okay, what you’re saying is that they have to enter into a database?”

“But is there any restrictions on how they can use it? ‘Cause if there aren’t, I think there ought to be. That’s my point. And… and I’m wondering if… and if we have time if we… if you’d be willing to amend your Bill, I… I’ve got no… I understand what you’re trying to do. But I think we also have to place a limit on how this information is being used. Because I think that’s our private information and I’ve got a philosophical problem with the government profiting on our private information.”

“But see I disagree. I think once you have the information, it can then be turned out to a vast number of other marketers. After you’ve extrapolated the information that you need for the insurance industry, you’re still gonna have many other things in there.”

“Is that… is it… is there a written agreement that’s… that prohibits the transfer of that information? ‘Cause if there does, then I have no objection.”

“Okay. Then thank you. I appreciate you making that clear to me.”

“Thank you very much.”

“Is there any further discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Last call. Mr. Clerk, take the record. On this question, there are 103 voting ‘yes’, 10 voting ‘no’ and 2 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4403?” 09300108.doc 172  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Representative Jefferson.”

“Thank you, Mr. Speaker and Members of the House. This amends the Illinois Vehicle Code. Provides tha t a person shall not be granted and shall not be able to retain his or her driver’s license privileges if convicted of aggravated driving under the influence of alcohol, drugs, intoxicating compounds in a case in which the offense was approximate cause of a death. Provides that if the person’s driving privileges have been revoked, he or she may not apply for a driver’s license within two years. I would urge a ‘no’ vote. I’m sorry, I would urge an ‘aye’ vote. Let me see, ‘aye’ vote.”

“The Gentleman from Vermilion, Representative Black.”

“He indicates he'll yield.”

“No.”

“Yes.”

“We changed the definition from ‘police officer’ to ‘peace officer’.” 09300108.doc 173  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Peace officer can be someone enforcing the law. Police officer is a person that’s designated to police the area. Peace officer might be someone that is in law enforcement, but is not a policeman.”

“Well, it was just my understanding that the Secretary of State’s Office figured it would be a better definition so that we could make sure that all people in law enforcement in… in a position to enforce this.”

“That is what this is.” 09300108.doc 174  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Yes.”

“Yes.”

“No. He cannot apply for at least two years after that revocation. He or she.”

“There’s nothing in this Bill that relates to that. No.”

“It probably… it should be, but it isn’t related to this Bill.”

“It’s not related to this Bill.”

“Yeah. Again, I think this is just cleanup language to make sure that this is clarified that no person…”

“…under 16…”

“Thank you, Mr. Black.”

“Any further discussion? The question now is, ‘Shall House Bill 4403 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting ‘yes’ and 1 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4489.”

“The Lady from DuPage, Representative Pankau.”

“The Lady’s moved for passage of House Bill 4489. Is there any discussion? The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 1 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 5562?”

“The Lady from Cook, Representative Lou Jones.”

“Thank you, Mr. Speaker and Members of the House. House Bill 5562 basically allows the Chicago School… School Board to designate attendance boundaries for no more than 1/3 of chartered schools permitted in the city if the Board designates that the attendance boundaries are needed to relieve overcrowding and better serve low-income and at- risk students. Now there are no chartered school priorities in Chicago given to students based on geographical boundaries. And this Bill would allow the Chicago Board of Education to designate attendance boundaries for those chartered schools. The reason for this Bill, there’s a school in my district that wants to 09300108.doc 177  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 become a chartered school and it sits right in the middle of a low-income children, students-at-risk area. And I agreed to support that chartered school as long as the children in that designated ar… school area were allowed to attend it first, and if there’s extra seats or seats left in the school, they would be open to a lottery for the entire city. And I’d ask for a favorable vote.”

“The Lady has moved for passage of House Bill 5562? Is there any discussion? The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Slone, for what reason do you rise?”

“Thank you, Mr. Speaker. Would the record please reflect that I hit the wrong button on the previous Bill and my intent was to vote ‘yes’.”

“The record will reflect your intentions. And, Representative Morrow, for what reason do you rise?”

“Yes. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The Committee of Appropriation on Public Safety, which was supposed to of been held at four o’clock, will be postponed till next week.”

“Okay. Mr. Clerk, would you read House Bill 5050.” 09300108.doc 178  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“The Lady from DuPage, Representative Pihos.”

“The Lady has moved for passage of House Bill 5050. Is there any discussion? The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there 115 voting ‘yes’ and 0 voting ‘no’, 1 voting ‘present’. And this Bill, having rec… received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 4109.”

“The Gentleman from Cook, Representative Lang.”

“Thank you, Mr. Speaker. Ladies and Gentlemen, this Bill does one small thing with IMRF. The Village of Morton 09300108.doc 179  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 Grove, when they had an opportunity to do… to get involved in IMRF, for whatever reason did not do so; this Bill would allow them to get into IMRF. The IMRF folks have approved this. There seems to be no opposition. I would ask for your support.”

“The Gentleman has moved for passage of House Bill 4109. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4005.”

“The Gentleman from Sangamon, Representative Poe.”

“The Gentleman has moved for passage of House Bill 4005. Is there any discussion? With no discussion, the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4495.”

Speaker Hannig: “The Gentleman from Cook, Representative Lyons.” Lyons, J.: “Thank you, Speaker, Ladies and Gentlemen of the House. House Bill 449… 4495 is a oppose… proposal to amend the Public Funds Investment Act to accommodate a public agency’s deposits that exceed a hundred thousand dollars. Currently, requirements imposed on public agencies and on Illinois financial institutions make it difficult, if not impossible, for public agencies and financial institutions to take advantage of certain opportunities. These opportunities include the ability of a public treasurer to deposit funds in the bank, pursuant to an agreement that 09300108.doc 181  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 would allow funds in excess of a hundred thousand dollars to be transferred to other financial institutions, thereby maintaining full Federal Deposit Insurance coverage. Under House Bill 4495, the public treasurer would be assured that deposited funds would, at all times, be fully insured, either at the initial bank of deposit or within the network of banks that can offer accounts insured up to a hundred thousand dollars. Finally, House Bill 4495 would involve a voluntary program that a public treasurer and… and the selected financial institutions could choose pursuant to a formal agreement. This passed out of committee unanimously. It was brought to me by the Community Bankers Association of Illinois and I’d appreciate your support. And be happy to answer any questions.”

“The Gentleman has moved for passage of House Bill 4495. And on that question, the Lady from Cook, Representative Mulligan.”

“The Gentleman will yield.” Lyons, J.: “At your service, Representative.”

“Is there any further discussion? The question now is ‘Shall House Bill 4495 pass? All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. There are 115 voting ‘yes’, 0 voting ‘no’, and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4288.”

“The Gentleman from Sangamon, Representative Poe.” 09300108.doc 186  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“The Gentleman has moved for passage of House Bill 4288. And on that question, the Lady from Cook, Representative Mulligan.”

“He indicates he’ll yield.”

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

“Thank you, Mr. Speaker. Representative Poe, I think you’re gonna have to raise this; otherwise, it’s a thousand dollars if you beat up your coach, but only two hundred bucks if you beat up your wife. And I think we send in the wrong message. Let’s raise this when it comes back.”

“Well, those fines better be pretty hefty, that’s all I can say.”

“Any further discussion? The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a 09300108.doc 188  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4493.”

Speaker Hannig: “The Gentleman from Cook, Representative Lyons.” Lyons, J: “Thank you, Speaker, Ladies and Gentlemen of the House. House Bill 4493 is a follow up, cleanup language for the Assisted Living Act, which we passed about four or five years ago here in the State of Illinois. Does several things: It grants the Department of Public Health subpoena power to enable them to fully investigate allegations of abuse and neglect. Secondly, it clarifies the intent of the statute is to issue prohibit… probationary licenses to any applicant who has not previously been licensed under the Act. And this caps the licensur… licensure application period at six months. It also requires the establishments that offer medical… medication administration to provide vaccinations for influenza and pneumonia, similar to the Bill that we passed last year. And lastly, it merges the Department of Aging Assistant Living Advisory Committee with the Department of Public Health’s Advisory Committee and that was don… done by an agreement between the two… two departments. I’d ask for your favorable… we did have one Amendment on it, a technical Amendment in committee, and I would ask for your favorable consideration on this Bill.” 09300108.doc 189  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“The Gentleman moves for passage of House Bill 4493. And on that question, the Gentleman from Vermilion, Representative Black.”

“Any further discussion? So now the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 7263.”

Speaker Hannig: “The Gentleman from DeKalb, Representative Pritchard.”

“The Gentleman has moved for passage of House Bill 7263. Is there any discussion? The question is then, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a 09300108.doc 191  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 393.”

“Representative Mautino.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 393 would… under the Federal Law right now, they allow for a federal tax exemption for qualified charitable risk pools. And a risk pool is qualified if it’s organized and solely operated for someone who has been registered as a 501N federally, or a 501c3 here in Illinois. Currently, California and New York are able to do this. What this would allow is, for example, the United Way, or the Boys and Girls Clubs of Chicago, the Jewish Federation, Catholic Charities to organize a risk pool that they could use for property insurance. It would not be able to cover medical insurance. It would strictly be for property. And I know of no opposition. Companies from outside of Illinois can currently write these programs here, and they would have to be structured by a qualified charity. I ask for an ‘aye’ vote.”

“And on that question, Representative Black.”

“He indicates he’ll yield.”

“It’s currently in Federal Law…”

“We’ll just be complying with the Federal Law.”

“Correct.”

“You know, I would say if you were looking at the Jewish Federation or Catholic Charities and those that do good trying to keep money to insure their properties…”

“… I guess that would be a decision that they would have to make…”

“…but no, it doesn’t.”

“Yes.”

“Well, you know, they do look happy. So they got a nice comfortable setting, but I think they’re all chartered here in Illinois and they have to meet our 501c3.”

“You know, I would agree with you 100 percent on that, Representative.”

“The Lady from Peoria, Representative Slone.”

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

“He indicates he’ll yield.”

“Representative Mautino, is this Bill still a shell Bill? Or it is not any longer a shell Bill?”

“No, it’s actually… the Amendment was adopted in committee. And that’s been… been placed on the Bill, stating that we would allow them to meet the federal guidelines to form these in Illinois.”

“And this does not deal with some of the liability issues that these agencies are experiencing, that only with their prop… in effect their property insurance. Is that right?”

“Yeah. Property insurance and general liability, but nothing on… there is no health or if it is an organization that has, for example, a hospital associated wouldn’t be the mal… the malpractice side. Just general liability on commercial property lines.”

“Okay. So, it’d be, like I don’t know, slip and fall kind of liability, that type of thing.”

“Yes.”

“Okay. Thank you very much.” 09300108.doc 194  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Is there any further discussion? The question is, ‘Shall House Bill 393 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4453.”

“The Gentleman from Champaign, Representative Rose.”

“Is there any discussion? The Gentleman from Cook, Representative Molaro.”

“Well, this again is a good Bill, but will the Sponsor yield for a question?”

“He indicates he’ll yield.”

“Okay. Use an example of DUI, someone being injured. That certainly makes sense, but now how are you gonna award… the word ‘restitution’ usually means where someone would come in with a receipt. Most of the time when you’re talking about restitution, you’re talking about an amount that’s easily and readily identifiable by a criminal court judge.”

“When you start using the words ‘personal injury’, if you look at the definition of ‘personal injury’, now you’re starting to talk about time lost in work and pain and suffering. So what… I guess what I’m asking is, if you’re telling the court that they could do this, some criminal court and misdemeanor, I guess, do you have two-day 09300108.doc 196  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004 hearings on what the personal injury would be? I mean, are you gonna then allow witnesses where they’re gonna bring in lost work, lost wages, pain and suffering, doctor’s reports and then could the defendant come in and we’re gonna start bringing expert testimony and longevity of lives… you know, that’s what the civil courts are for. And I’m not saying this is a bad Bill, cause most of the time, and I do some prosecution work in villages, you know, they come in and they’re… they’re looking for their damages. But how far are you taking it with this? Maybe for legislative intent, I just don’t know where you wanna go. That’s all.”

“Any further discussion? The Lady from Grundy, Representative Gordon.”

“Thank you, Mr. Speaker. Representative, as a fellow prosecutor, spending many times… many, many hours in traffic court, is… is this going to be a problem and back up the already overrun traffic court calls across the state? How much more pressure is gonna be put on, you know, the prosecutor, the judge, the victims in the case and everything else?”

“Right.”

“Right.”

“Is this also gonna be a situation where, I mean it… it… I understand that you said property damage. So this is also gonna cover a situation where maybe there’s a DUI case, the defendant goes off the road, hits a guard rail that’s state property or county property, is it gonna… it’s gonna cover this as… that type of situation as well…”

“…not just another person?”

“Okay.”

"Okay. It’s… my only concern, and believe me, I’m definitely on your side, it’s just a matter of… my only concern was you’re saying it was standard practice in your county. The counties that I practiced in, it wasn’t standard practice. And I just remember constantly taking phone calls from the insurance companies saying hey, can you, you know, get this, can you do this and the people saying I… you know, their deductible and everything. And I just… knowing how large a traffic court call is.”

“Permissive.”

"Thank you, Representative.”

“The Lady from Cook, Representative Monique Davis.” Davis, M.: “Thank you. Will the Sponsor yield?”

“He indicates he’ll yield.” Davis, M.: “Representative, if a person has insurance, wouldn’t the insurance take care of whatever they should have to pay?” 09300108.doc 200  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Any further discussion? Then, Representative Rose, to close.” 09300108.doc 203  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“The question is, ‘Shall House Bill 4453 pass?’ All in favor vote ‘aye; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 110 voting ‘yes’, 1 ‘no’ and 4 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4478.”

“Representative May.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill asks the Comprehensive Health Insurance Board, or CHIP, to conduct a feasibility study to determine the establishment of a small employer health insurance pool to provide health insurance coverage for employees of small businesses. There is a huge need in the state, 1.7 million of our citizens have no health insurance, 700 thousand of them are full-time employees. It passed unanimously out of committee. There are no known opponents, and it will not result in any expenditure of state funds.”

“The Lady has moved for passage of House Bill 4478. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. So… So… For the… if the Members would pay attention for a second, I just want to understand we’re gonna switch gears now to the Order of Second Readings. So, we’re gonna work off a lift… a list of people we believe that want to move Bills forward, from Second to Third. First on that is House Bill 4856. Mr. Clerk, would you read that Bill.”

“Representative Morrow.”

“Yes. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #2 to House Bill 4856 requires the statement to be provided by the landlord detailing which utilities the landlord is responsible for under the terms of the lease. This should be a signed and sworn affidavit. The Illinois courts define an affidavit as a declaration of oath, in writing, sworn to by a party, before some person who has an authority under the law to administer oaths. It… as such, requiring the landlord to provide an affidavit containing which utilities they are responsible for paying, requires the landlord to swear before a notary or other person who has the authority to administer oaths that the statement that they provide is true. I’ll be glad to answer any questions to Floor Amendment #2.”

Speaker Hannig: “On Floor Amendment #2, is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it, and the Amendment is adopted. Any further Amendments?”

“Third Reading. Mr. Clerk, read House Bill 1921… Excuse me, Senate Bill 1921.”

“Representative Molaro.”

“This is part of the horse slaughter Bill that hopefully later in the week or possibly tomorrow, Friday or next week that we’ll be calling the Bill. The Amendment just makes the necessary changes that would make the Bill palatable for this particular General Assembly.”

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

“Third Reading. Mr. Clerk, would you read House Bill 5105.”

“Third Reading. Mr. Clerk, would you read House Bill 4640.”

“Third Reading. Mr. Clerk, would you read House Bill 7006.” 09300108.doc 207  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Third Reading. Mr. Clerk, would you read House Bill 4271.”

“Third Reading. Mr. Clerk, excuse me, would you House Bill 5130.”

“Third Reading. Mr. Clerk… Mr. Clerk, read House Bill 6989.”

“Third Reading. Mr. Clerk, would you read House Bill 4135,”

“Third Reading. Mr. Clerk, read House Bill 4558.”

“Third Reading. Mr. Clerk, read House Bill 4241. Okay. Representative, there’s a Note on… on that Bill, so that’ll be taken out of the record. Mr. Clerk, read House Bill… Okay. To clarify, the Chair incorrectly moved House Bill 4558 from Second to Third. There’s been a req… There’s still a Note outstanding. And so that Bill will remain on the Order of Second Reading, pending the receipt of a Note here at the well.”

“Third Reading. Mr. Clerk, read House Bill 4491.”

“Third Reading. Mr. Clerk, read House Bill 4393.” 09300108.doc 209  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Third Reading. Mr. Clerk, read House Bill 5875.”

“Third Reading. Mr. Clerk, what is the status of House Bill 4059?”

“Okay. Return that to the Order of Second Reading at the request of the Sponsor. And, Mr. Clerk, what is the status of House Bill 4640?”

“Would you return that, Mr. Clerk, to the Order of Second Reading at the request of the Sponsor. And Representative Franks is recognized on House Bill 3906.”

“Thank you, Mr. Speaker. I’d like to make a Motion to Table that Bill and recommit it to Rules.”

“The Gentleman moves that House Bill 3906 be tabled. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And House Bill 3906 is tabled. On the Calendar under Resolutions is House Resolution 627. Representative Franks. House Resolution 627, Representative Franks.” 09300108.doc 210  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 108th Legislative Day 3/24/2004

“Thank you, Mr. Speaker. This is a Resolution that was brought to me by an appellate judge to recognize the historical contributions of the Church of Latter Day Saints in Illinois. I’d be glad to answer any questions.”

“The Gentleman moves for the adoption of the Resolution. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it, and the Resolution is adopted. On the Order of Supplemental Calendar #2 is House Resolution 750 by Representative Howard.”

“Yes. Thank you, Mr. Speaker. My colleagues, if you saw my sorority members here today who were wearing pink and green, you know that this was the day that they annually come to learn about government, to talk to their Representatives and Senators, and to get information to pass back to their constituents or people in our various chapters of the organization. We would like you to designate this day as Alpha Kappa Alpha Sorority Day. This is our sixth such day since I’ve been a State Representative.”

Speaker Hannig: “The Lady moves for the adoption of the Resolution. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it, and the Resolution is adopted. Mr. Clerk, would you read House Bill 4560.”

“Third Reading. And now, Representative Currie moves that allowing for perfunctory time, that the House stand adjourned until Thursday, March 25 at the hour of 11 a.m. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it and the House stands adjourned.”