Illinois House Floor Debate — April 8, 2005

“The hour of 9:30 having arrived, the House will be in order. The Members will be please be in their seats. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers and rise for the invocation and the Pledge of Allegiance. We will be led in prayer today by Donna Matthiesen with McHenry Christian Science Church in McHenry, Illinois. Donna is the guest of Representative Jack Franks.”

Speaker Hannig: “We’ll be led in the pledge today by Representative Connie Howard.” Howard – et al: “I pledge of 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.”

Speaker Hannig: “Roll Call for Attendance. Representative Lang.” 09400036.doc 2  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Thank you, Mr. Speaker. Democratic excused absences today are Representatives Acevedo, Boland, Currie, and McKeon.”

“Representative Stephens.”

“Mr. Clerk, take the record. There are 109 Members answering the Roll Call, a quorum is present. I would just like to make the Members aware if they haven’t already checked their desk, you have a copy of the official Rules for the 94th General Assembly available. Mr. Clerk, Committee Reports.”

“On page 23 of the Calendar is House Bill 716. Representative Beiser. Wish us to read that Bill? No. Okay. Out of the record. How ‘bout 3770? You want to move that one back to Second? 3770. You want to leave it on Third? Okay. Representative Parke.”

“Absolutely.”

Speaker Hannig: “You have to grade all those tests, Representative Parke. Representative Beiser, the Chair’s advised you wanted to move House Bill 3770 from Third to Second. Is that correct? Mr. Clerk, would you return House Bill 3770 to the Order of Second Reading at the request of the Sponsor. Representative Bradley, you have House Bill 2411 on page 25 of the Calendar. Mr. Clerk, would you read the Bill.”

“Representative Bradley.”

“Thank you, Mr. Speaker, Members of the House. This is the same Bill that I presented earlier in the form of an Amendment, the only difference is… it’s because we’re dealing with both juveniles and adults we have to have two separate facilities. They’re contiguous to one another, they’re across the street from one another… the alley from one another. We have a huge problem with meth in this state. We’re doing a better job of dealing with the enforcement, the Republicans have taken some good steps this year in dealing with meth. We’ve taken some good steps over the last couple of years in dealing with meth and this is part of our ongoing efforts to do a better job 09400036.doc 5  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 of getting people off of methamphetamine. So I would ask for an ‘aye’ vote.”

“The Gentleman has moved for the passage of House Bill 2411. This is on Short Debate. Does anyone stand in opposition? 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 109 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 26 of the Calendar is House Bill 3874. Representative Brosnahan. Okay. Out of the record. Representative Burke has House Bill 1362 on page 24 of the Calendar. Okay. Out of the record. Representative Chapa LaVia, you have House Bill 1525 on page 10 of the Calendar. Okay, we’ll take that out of the record. Representative Cross has… on page 25 of the Calendar, has House Bill 1541. So, Representative Coulson will be recognized on this Bill. Mr. Clerk, would you read the Bill.”

“The Lady from Cook, Representative Coulson.”

“This Bill’s on the Order of Short Debate. Does anyone stand in response? 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? Representative Wyvetter Younge, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 109 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 24 of the Calendar is House Bill 1448. Mr. Clerk, read the Bill.”

“Representative Churchill.”

“This is on the Order of Short Debate. Does anyone stand in response? 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? Representative Hassert, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 109 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Brosnahan, would you wish us to call House Bill 3874? Mr… Mr. Clerk, on page 26 of the Calendar is House Bill 3874, would you read the Bill.”

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

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3874 is an initiative of the City of Chicago. This Bill does a… a number of things. Number one, it increases the penalty for official misconduct from a Class III felony to a Class II felony. This puts official misconduct on the same level as bribery, which is already a Class II felony. This Bill also creates the offense of a public contractor misconduct. It makes it a Class II felony. It defines ‘public contractor’ as one seeking a public contract on behalf of himself or another 09400036.doc 8  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 or as an employee of a public contractor. A person commits the offense of public contractor misconduct when in the performance of or obtaining of a public contract, he intentionally or recklessly fails to perform any mandatory duty required by statute or ordinance or knowingly performs an act the contractor knows is forbidden by law or with the intent to obtain a personal advantage performs an act in excess of his unlawful authority or solicits or knowingly accepts a fee that he is not authorized by law to accept. I know of no opposition to this legislation. I’d be happy to answer any questions.”

“Okay. This is on the Order of Short Debate. And in response is Representative Parke.”

“He indicates he’ll yield."

“Well, Representative Parke, I think this is a very important piece of legislation because when the statute that dealt with official misconduct was first passed, we didn’t have the… the amount of privatization that we have today. Obviously, that has increased as the years have gone by. We have more and more privatization of… of different services that once were performed by public employees now are done by the private sector. And if someone is trying defraud the government, it shouldn’t 09400036.doc 9  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 matter whether you’re a… an employee of the government or you’re a, ya know, from a public contractor, you should be held to the same standard.”

“Ya know, I’m not gonna say there’s anything specifically. This is an initiative of the City of Chicago. I… I just think over the years we’ve seen, again, with the increase of privatization there have been abuses by public contractors.”

“So we’re trying to address that.”

“That’s correct, it affects the entire state.”

“Thank you.”

“Representative Lindner.”

“He indicates he’ll yield."

“I… I’m sorry, Representative, I could not hear that questions.”

“Well, official misconduct deals with employees of the state, employees of the government. This… this deals with private contractors that are now, ya know, doing work that was once done by state employees.”

“Well, I think the only thing I can say to that is there are some cases where there may be an offense of theft or bribery that we could bring against the… these private contractors… ya know, public contractors. But, sometimes the evidence isn’t there to bring that charge of bribery or theft. So maybe the State’s Attorneys Office would be able to bring the… this new charge against them.”

“Thank you.”

“Representative Brosnahan to close.”

“I’d just appreciate an ‘aye’ vote. Thank you.”

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. The voting is open, Mr. Clerk. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Wait, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 108 voting ‘yes’ and 1 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 25 of the Calendar is House Bill 1469. 09400036.doc 11  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 Representative Chavez, would you like to have that Bill called on Third? Mr. Clerk, read the Bill.”

“The Lady from Cook, Representative Chavez.”

"Good morning, Gentleman… Ladies and Gentlemen of this honorable House. House Bill 1469 amends the Criminal Code by creating the offenses of involuntary servitude, sexual servitude… servitude of minor, and trafficking of persons for forced labors and services. This law is needed to allow local and State law… Government enforce… enforcement agencies to investigate instances of human trafficking. It will penalize human trafficking in order to provide local and state law enforcements with the tools that they will need to bring trafficking to justice… traffickers to justice. This law matcheses… matches existing Federal Law and outstanding… and outlining services for victims. Human trafficking is very serious problem in the United States. Every year, the U.S. Department of Justice investigates hundreds of cases of trafficking in cities, suburbs, and… areas in every states, including Illinois. The victims of this crimes are usually poor immigrants who have been promises a better life in this country through the employment, a location, or marriage. Once they arrive… they are robbed of the identity and rights… identity and rights and keep against their will to por… to work in factories, restaurants, home… home butlers, massage parlors, strip clubs, and farms. This is what the modern 09400036.doc 12  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 day laborer looks like. I ask everybody for their support. Thank you.”

“This is on… this is on the Order of Short Debate. And in response, Representative Lindner is recognized.”

“She indicates she’ll yield."

"Yes.”

"Yes.”

"Yes. Hold on. We makin’ it an offense.”

"That’s the label of the offense.”

"We using it as a title.”

"The Amendment replaces the title.”

"We go from a Class IV to a Class X, depending on the… on the crime of the… nature of the crime.” 09400036.doc 13  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

"Because human trafficking of minors deserve this type of crime, ya know, felony. Strong response on that.”

"They don’t have an… take official position, but the government is supporting.”

"Would you repeat the question, please?”

"No, we took those out with the Amendment.”

"Yes.”

"Would you repeat that?”

"No, we don’t have anybody against this Bill.”

"No.”

"Thank you.”

“Representative Mendoza, you’re the only one else seeking recognition. Why don’t you… would you wanna 09400036.doc 14  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 close on behalf of Representative Chavez? This is on Short Debate.”

"I had just one very quick question…”

“Okay.”

"…and then I had a comment.”

“All right. The Lady will yield.”

"Representative, what the specific genesis of this Bill?”

"When I started this business here one of my tasks was to protect the kids out on the streets. I came from a country where I believed there was strongly trafficking of people in there, especially when they are crossing the borders. To me it’s very important that all these people are protected and those people there are trafficking with minors take a punish on this crime. Kids deserve respect and people deserve respect too, though. I believe that it is not years for is laboring on this country as not… nor in anywhere in the world.”

"Okay.”

"Kids are first for me and very important to defend them.”

"Thank you, Representative. To the Bill. Ladies and Gentlemen, I rise in strong support of this legislation. I just wanted to run a couple numbers for you, also. We understand the problem, the magnitude of this problem. Each year, approximately 800 to 900 thousand victims are trafficked across international borders and between 18 thousand to 20 thousand of those are brought into the 09400036.doc 15  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 United States. This is according to the U.S. State Department. Now, in a recent article, a January 2004 New York Times article, I have to say that I have the sad distinction as labeling Chicagoland a national hub for human trafficking. This is something that obviously has gotten out of hand. We really need to take the opportunity here to address this issue head on. And I just wanna congratulate the Sponsor on bringing this legislation forth. I know that personally… on a personal level it’s very, very important to her. And I noticed that she managed to pull more Sponsors on this Bill than I did, I’m a little embarrassed about that, for my own Bill. So, just wanna rise in strong support and, again, congratulate the Representative on this fine piece of legislation. I would ask for your support, thank you.”

Speaker Hannig: “Okay, there seems to be some additional interest in the Bill, so we’ll put it on Standard Debate. Representative Sacia’s recognized.”

“She indicates she’ll yield.”

"We follow the model federal of law. The Federal Government proposed to stay on this.” 09400036.doc 16  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Could we give the Members your attention, please.”

"The Federal Government proposed the states to do this and they… we have a model law to follow from the Federal Government and it matches the Federal Law.”

"Yes.”

"Thank you.”

“Any further discussion? Then Representative Chavez is recognized to close.”

"Thank you everybody for this support. And again, God bless America.”

“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 108 voting ‘yes’, 0 voting ‘no’, and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 10 of the Calendar is House Bill 1525. Representative Chapa LaVia, you wish us to move that? Representative Smith, for what reason do you rise?”

“Point of personal privilege, Mr. Speaker.” 09400036.doc 17  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Yes, state your point.”

“As the Members may or may not be aware, April, 2005 was commemorated as Car Care Month by House Resolution 107. In keeping with the spirit of that, let me advise you of the following: you can… you can help your tires wear longer if you rotate them on a regular basis, as indicated by the vehicle manufacturer. Generally, tire rotation usually involves moving tires from front to back and left to right on the diagonal. Thank you very much.”

“Representative Stephens, for what reason do you rise? Thank you, Representative Stephens. On page 25 of the Calendar is House Bill 2512. Representative Daniels, would you wish us to read that Bill? Mr. Clerk, read the Bill.”

“Representative Daniels.”

“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, ‘Shall 09400036.doc 18  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 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? Representative Rose, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 109 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 25 of the Calendar is House Bill 1555. Representative D'Amico. Mr. Clerk, read the Bill.”

Speaker Hannig: “The Gentleman from Cook, Representative D'Amico.”

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1555 intends to create speed zones around public parks that are similar to speed zones around schools. It amends the Vehicle Code by establishing speed lone… speed zones around park zones where children are present. Any questions, I’ll be fr… free to answer.”

“This is on the Order of Short Debate. And in response, Representative Parke is recognized.”

“He indicates he’ll yield.”

"Yes, your first… your first fine’ll be $250, your second fine will be $500, and then there’s an additional $50 fine that goes towards the safety of the parks.”

"Yes.”

"It… it has to be posted by the municipalities in order to be enforced.”

"Correct.”

"No, it won’t have markings on the street but the si… the signs will have to be posted. And this is completely voluntary by the municipalities.”

"If… if they… if they volunteer to do it, sure.”

"You can use any method of enforcement available.”

"Definitely, it would be in the Rules of the Road.” 09400036.doc 20  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

"Thank you.”

Speaker Hannig: “Okay, there’s a number of people seeking recognition, so we’ll move this to the Order of Standard Debate. And on this question, Representative Gordon is recognized.”

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

“He indicates he’ll yield.”

"I just have a couple brief questions, Representative. It says that the municipalities are the ones who would be able to designate the streets or the portions of the streets to set up these park zone areas, right?”

"Correct.”

"So then would it be the law enforcement for the municipality who would be enforcing this?”

"The… the elected officials throughout that municipality will… the law enforcement officials will enforce it, but the… the elected officials will create the law.” 09400036.doc 21  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

"Oh, I understand that. But, I mean, so… but say it’s in the City of Chicago, in your district. So, it would be CPD who would be giving these tickets, right?”

"Yes.”

"Okay. Now, I know that I have… some parks have park district police. Do they also have jurisdiction to give these…”

"No.”

"…tickets?”

"No.”

"Why not?”

"It’s just the… it’s just the city police, your State Police, and your municipality police.”

"But would…”

"Not… they don’t give speeding tickets. Your forest preserve police don’t give speeding tickets on the state roads.”

"I understand that, but wouldn’t the forest preserve police be the ones who are there more often and be more able to enforce this?”

"This… this does not pertain to forest preserve parks, this pertains to your… your normal…”

"Park districts.”

"…park district parks.”

"I understand that. But there’s security in park districts. So, you’re not giving them jurisdiction…”

"No.”

"…to give the tickets, only the municipality?” 09400036.doc 22  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

"They can’t give a speeding ticket now, they can’t… on… on state roads.”

"Well, you’re a lawmaker. Why don’t you let ‘em give a speeding ticket?”

"That could be something we address later on.”

"Thank you. Ladies and Gentlemen, it’s a good Bill. I recommend an ‘aye’ vote.”

“Representative Will Davis.” Davis, W.: “Will the Sponsor yield?"

“He indicates he’ll yield.” Davis, W.: “Representative, I certainly appreciate what you’re trying to do. And I guess the one concern that I have is, what… what is the potential cost to municipalities to implement what you’re suggesting?”

"The potential cost right now, according to our analysis, is basically nothing. It’s just gonna be the cost of the signs that you’re gonna be posting.” Davis, W.: “So we’re talking… so the cost of signs is… is what the municipalities will have to absorb?”

"Yes.” Davis, W.: “Okay. Do you have any idea how much it costs to produce these signs? Anything at all?”

"The signs are cur… are free.” Davis, W.: “The signs are free? Oh, that answers my question. Thank you.”

“Any further discussion? Then Representative D'Amico’s recognized to close.” 09400036.doc 23  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

"Thank you, Ladies and Gentlemen. I think this is good legislation and I just urge a ‘yes’ vote.”

“The question is… 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 109 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 26 of the Calendar is House Bill 3678. Representative Delgado. Mr. Clerk, read the Bill.”

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

“Thank you, Mr. Speaker and Members of the House. House Bill 3678 is actually a technical piece of legislation that was brought to me by the Illinois State Board of Education, which is their initiative that eliminate statutory dates for filing estimated reimbursement claims for transitional bilingual educational programs. Currently, the School Code requires school districts to submit claims for reimbursement for transitional bilingual programs quarterly and sets out four specific dates by which claims must be filed. If those dates are eliminated districts will be required to submit paperwork before the claims are paid, but there will be no penalties for those that are submitting late documents. 09400036.doc 24  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 Eliminating the statutory filing dates would put the bilingual education reimbursement program in line the way other programs, such as the regional safe school program, are reimbursed. And this would take effect July 1, 2005. And I would ask for your ‘aye’ vote.”

“This is on the Order of Short Debate. Does anyone stand in response? 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? Representative Mulligan, would you like to be recorded? Mr. Clerk, take the record. On this question, there 109 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 24 of the Calendar is House Bill 990. Representative Graham. Mr. Clerk, would you read the Bill.”

“Okay. We’ll… we’ll take that out of the record. Representative Holbrook, on page 3 of the Calendar, you have House Bill 438. You want us to read that Bill? Mr. Clerk, read the Bill.”

“Representative Holbrook.” 09400036.doc 25  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Thank you, Speaker. House Bill #2 (sic-Floor Amendment #2) meets the request by the committee that they requested that the asset limit could not be dropped on individuals, that DHS is establishing administrative rules on for their assets to be qualified for home services. This is exactly what we did with our community care. I know of no opposition and there’s no cost.”

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

“Third Reading. On page 23 of the Calendar is House Bill 904 for Representative Howard. Mr. Clerk, would you read the Bill.”

“Representative Howard, do you wish us to move this Bill? Out of the record at the request of the Sponsor. Representative Jenisch, do you wish us to call House Bill 3554? It’s on page 26 of the Calendar. Mr. Clerk, read the Bill.”

“Representative Jenisch.”

“This is the on the Order of Short Debate. And in response, Representative Lang is recognized.”

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

“He indicates he’ll yield.”

“Now, as I recall, Representative, you made a commitment on the floor of this House yesterday to announce very clearly when you had your second Bill. So will you announce that for us now?”

“All right. And… and you’ll recall that yesterday I withdrew a Motion to reconsider as an accommodation to you.”

“All right. I just wanted to state that on the record. So, this is actually not the Bill I wanna play these games with ‘cause I really have some concerns about the Bill, so I’m gonna ask you some real questions if that’s all right. I know that the Supreme Court has upheld this kind of 09400036.doc 27  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 activity. But can you give us your view of the public policy behind mandatory drug testing for student athletes as it relates to privacy concerns, as it relates to self incrimination, as it relates to those types of issues?”

“Well, I understand that public policy concern but you didn’t address the other half of it, the confidentiality, the self incrimination. Let me ask you this. You’re talking about not just athletics, but all extracurricular activities. So this would apply to a high school student that joined the chess club or the Latin club?” 09400036.doc 28  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Well, isn’t this just a short step away then from saying that someone that takes any elective class that isn’t reading, writing, and arithmetic could be tested?”

“Well, but…”

“Well, but isn’t an elective a privilege? Let’s say a school has a public speaking class that a student has to be scheduled into that the teacher has to admit them into or approve. Isn’t that, in essence, extracurricular? Isn’t that, in essence, just one short step away from chess club or French club?”

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

“To the Bill.”

“You know, I was originally gonna stand here and give Mr. Jenisch a hard time ‘cause it’s his second Bill, but I think this Bill is actually a serious Bill and we need to talk about it briefly. And so, the public policy of this, from Mr. Jenisch’s point of view, is understandable. We’ve got a lot of high school kids who are taking illegal drugs, particularly high school athletes who are taking steroids, 09400036.doc 29  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 etcetera. In fact, I have a Resolution that I filed to create a task force to study the issue of steroid abuse among amateur athletes and I hope some of you will want to be on that task force. But there are some real confidentiality issues here, some real privacy issues here, and some real issues relative to self incrimination. So if someone wants to join the chess club and they’ve had some illegal substance, they’re actually self incriminating themselves. And so, I’m not sure I can vote for this Bill, I’d like to hear the rest of the debate. But regardless of what the Supreme Court has said, I think there’s some constitutional issues here and I would be very careful before going down this road. Thank you, Mr…”

“Okay, there’s a number of individuals seeking recognition, so we’ll move this to the Order of Standard Debate. Representative Scully is recognized for 5 minutes.”

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

“He indicates he’ll yield.”

“Representative, are you aware of any schools that are presently doing this in the State of Illinois?”

“Which schools are they?”

“Thank you. One of the schools that has such a policy is Homewood-Flossmoor High School.”

“Okay. With 2,800 students. They’ve had this policy in place for approximately 15 years. It was implemented by the head football coach, John Wrenn, who was, in fact, trying to discourage his players from using drugs. He was trying to give them one more tool to say, ‘no’. Okay? We’ve had this… this policy in place at Homewood-Flossmoor High School for 15 years. I don’t see why we need a law passed now to permit a school to do something that the school’s been doing for the past 15 years.”

“And… and so this…”

“Specifically, what are those federal funding issues?”

“Is… is the funding issue the primary motivation behind this legislation?” 09400036.doc 31  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“And I certainly agree with that public policy and I have supported Homewood-Flossmoor High School on this proposal. My three daughters all played sports and they were all drug tested, they were proud to be drug tested. In fact, the only parents at Homewood-Flossmoor High School who are opposed to the program are the parents whose kids aren’t getting drug tested. I would like to see some additional evidence about this issue about the federal funding. I was not previously aware that that was an issue. If that is true, I certainly support your Bill. If it’s not true, I don’t see the need for this type of legislation to… to permit schools to do what they’ve been already doing for the past 15 years.”

“Thank you.” 09400036.doc 32  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

Speaker Hannig: “We’ve now had two speak in response. Representative Jerry Mitchell’s recognized. Are you in response or in support?” Mitchell, J.: “I’m in susport… support, Mr. Speaker.”

“Okay. Proceed.” Mitchell, J.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I signed onto this Bill simply because I truly believe that… that the Representative’s attempt is, number one, out of concern for students themselves. Many times students get involved in drugs because of peer pressure, not realizing that, number one, steroids can cause death, other dri… drugs can cause addiction. It’s not such… as much a penalty as to get help to kids when they need it. Yes, many school districts are already doing this. Yes, this is a permissive, statewide policy. Not one that says you have to do something, but it does free up federal funds to help with this situation. Our concern is not to punish or penalize children or families. Our intent is to stop the ongoing increase in drug and drug use, some of it steroids, which are out there now because of such idols in the baseball world that kids think were great people. And now we find out that they’ve had performance enhancing drugs and kids want to emulate that. We have got to get our arms around the problem of drugs with our children. Not in a punishing way, but simply to say, ‘We won’t tolerate it, you shouldn’t either.’ Mr. Speaker, I think this is a good attempt and I stand in strong support of the Bill. Thank you.” 09400036.doc 33  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Thank you, Representative. We’ve had one speak in favor, in addition to the Sponsor, and two in response. Representative Osterman is recognized for 5 minutes. Are you in favor or in response, Representative?”

“Response.”

“Five minutes.”

“Thank you. Will the Sponsor yield?"

“He indicates he’ll yield.”

“Representative Jenisch, the drug testing that would be implemented, who would pay for that?”

“Okay. The question was asked earlier about schools that are currently having these policies. Were those for athletics or were those for all activities?”

“I applaud your efforts to try to combat drugs in teens and in students. Targeting athletics, I think is something that other schools… some colleagues of mine over here have said some schools are doing that. The students 09400036.doc 34  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 are supportive of that, the parents, the teachers are. My concern about yours is that I think it’s very broad. And I think one of the other speakers brought up other clubs that are… that are out there that teens would use. And to me, this gets at… at the core of what we’re trying to do. Your Bill is silent on what happens after someone is tested for a positive.”

“Okay.”

“I appreciate that. And I guess my… my objection is that it’s how we go about having young people be dealt with when it comes to drugs. And my concern is that we should try to do more on education about the concern and not kind of cast these people… cast these young people that are at a very tender age, ya know, off to the wood shed if they are involved and are tested positive. My hope would be that we would try to work with them to try to get them through that period, understand the critical, ya know, problems with drugs and drug addiction at that age and try to work on the education component and not have young people that are involved in athletics but all these other extracurricular activities that help them through that time, that they would not… you know, they would be put off to the side. And that would be my objection or my concern. And depending on how this goes, if there’s a way to tighten it a little bit, I think that that might be something to look at. Thank you.”

“We’ve now had three speak in response and then we’ll have one additional speaker in favor. Representative Eddy is recognized for 5 minutes.”

“To the Bill.”

“So now under the rules of Standard Debate, we’ve had two speak in favor, three in response, and Representative Jenisch is recognized to close.”

“And 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 85 voting ‘yes’ and 24 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 23 of the Calendar, Representative Dunkin, you have House Bill 956. Do you want to call 956? Mr. Clerk, read the Bill.”

Speaker Hannig: “The Gentleman from Cook, Representative Dunkin. Out of the record. Okay, we’ll come back to you, Representative Dunkin. Representative Burke, you have on page 24 of the Calendar, House Bill 1362. Representative 09400036.doc 38  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 Burke. Representative Burke, would you wish us to read House Bill 1362? Okay. Mr. Clerk, read the Bill.”

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

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1362 is an initiative to ban lindane, it’s a chemical that is used in the treatment of scabies and head lice. And there is overwhelming evidence of its serious health effects. Lindane has been banned in California and 52 countries due to its human toxicity and potential to contaminate drinking water sources. A 1996 Food and Drug Administration review of lindane determined that it should be used only as a lice and scabies treatment of last resort. And since 1992, the World Health Organization has recommended against the use of lindane to control lice and scabies due to the potential health risks to children. And I’d be happy to answer any questions.”

“This is on the Order of Short Debate. And Representative Parke is recognized in response.”

“He indicates he’ll yield.”

“Yes. Yes, it is.” 09400036.doc 39  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Exactly, Representative. There are many other alternative medications and treatments. This is, again, the treatment of last resort and it is a potential tremendous health hazard.”

“Then entire… the full spectrum of birth deformities. Our major concern would be its potential to pollute water supplies. So, 1 ounce of lindane could pollute 6 hundred gallons of water in our society.”

“The Medical Society, at one point, were insisting that some of their physicians suggested this is the last resort, the only treatment. They have come to a neutral position at this point in time, understanding that there are other medications that are… that are as equally effective.”

“That I am not aware of, because I… I’m not certain if animals are subject to scabies. But I certainly… I know they have lice.” 09400036.doc 40  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Well, if it were used on animals the alternative medical treatments would be appropriate as well.”

“You’re… you’re talking about lice here, Representative. So…”

“Yes, California is actually the other state. And 52 countries around the globe have banned it.”

“Well, I don’t think that the lice issue is that prevalent. So, I can’t understand that they’d be running across the border to find lindane and it certainly has to be prescribed.”

“Representative Meyer. Representative Myers, are you seeking recognition?”

“Okay. The Sponsor will yield.”

“Yes, Representative. It’s strictly banned in the use of human treatment.”

“Representative Burke is recognized to close.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This is a chemical that I’m sure many of us are not familiar with but, indeed, it has been brought to our attention that this has devastating effects on our environment and on our human population. And I would certainly ask for the Body’s favorable consideration in passing this ban on the chemical known as lindane. Thank you.”

“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 108 voting ‘yes’, 0 voting ‘no’, and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Rose, for what reason do you rise?”

“State your point.”

“Mr. Clerk, would you put House Resolution 254 on the board? Representative Flider moves for the adoption of the Resolution. And on that question, Representative Flider is recognized.”

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I am pleased to ask for your support of this Resolution, but before we have a chance to adopt it I’d like to make a few comments. Standing with me here on the floor is the coach of the Millikin University Big Blue women’s basketball team, Coach Lori Kerans. Would you please welcome Coach Lori Kerans as well as… hold off just one second. Not only Coach Kerans, but also in the gallery, members of the National Champion Millikin Women’s Basketball Team. They are the NCAA Division III Basketball Champions. So, in Decatur, Illinois we couldn’t be more excited, because Decatur, of course, is the home of the Millikin University. And… and this basketball team has been giving us some great excitement over the years, but nothing like the excitement that they gave us this year. It’s been a wonderful experience. And what’s really interesting is this is the second year I’ve been able to 09400036.doc 43  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 bring to you a national champion from Decatur, Illinois. Last year we had the St. Teresa girls’ basketball team, who was the state champion. And two of the girls… two of the women on that basketball team were members of the St. Teres… of the St. Teresa team are now members of the Millikin team who won the national championship. So, it’s a really good news story here and we’re very proud of Coach Kerans, we’re co… very proud of this team. I’d also like to recognize the assistant coaches, Dick Marshall from my hometown, Mt. Zion, and Brinna… Brianna Morrow, who are here, as well. So, please recognize them as well. Thank you.”

“And on the Resolution, Representative Bill Mitchell is recognized.” Mitchell, B.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I’d like to echo my colleague from Macon County and congratulate the Millikin team. We have a great community in Macon County, and one of the things that makes it even greater is Millikin University. So, Coach Kerans and the girls on… I congratulate you and wish you all of the best in the future. Thank you.”

“Representative Daniels.”

“Representative Reis.”

Speaker Hannig: “So, Representative Flider’s recognized to close.”

"Thank you, Mr. Speaker. And… and I’d just like to read from the line of the Resolution, which says it so proudly for us, ‘We recognize the talent of these young athletes and their coaches and congratulate them on their 2005 Division III NCAA tournament national championship title.’ So, with that, I would ask for your approval of this Resolution. And, once again, please congratulate this team. Thank you.”

Speaker Hannig: “Mr. Clerk, what is the status of this Resolution?”

“Okay. So this Bill… this Resolution’s been adopted, Representative Flider. Thank you. Representative Jefferson, on page 12 of the Calendar, you have House Bill 09400036.doc 45  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 1999 on Second Reading. Would you like us to call that Bill? Mr. Clerk, read the Bill.”

“Representative Jefferson, you’re recognized on the Amendment.”

“Mr. Clerk… Mr. Speaker, take that out of the record, please.”

“Okay. We’ll take this out of the record and come back to it at a later time. Also on the Calendar on page 8, under the Order of House Bills-Second Reading, is House Bill 1100. Representative Miller, you ready on that one? Okay. Mr. Clerk, read the Bill.”

“Representative Miller.”

“Thank you, Mr. Speaker, Ladies… Ladies and Gentlemen of the House. House Bill… Amendment 4 of House Bill 1100 becomes the Bill. I would be happy to discuss the full Bill when it… when it’s moved to Third. However, Amendment 4 contains many of the provisions of the original Bill. However, it does exclude working with the group… working with the opposition, the Household Finance, any institution 09400036.doc 46  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 that does loans over a hundred and twenty days. The other changes in the Bill are technical in nature and it all provided Monsignor Egan Campaign and the Attorney General’s Office.”

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

“Third Reading. Oh, excuse me. You said there are notes on the Bill? So we’ll have to hold this on Second Reading, Representative Miller, ‘til you get the notes filed. Okay, Mr. Clerk, let’s return to House Bill 1999.”

“Representative Jefferson.”

“Thank you, Mr. Speaker. House Amendment #1 amends the Bill by replacing everything after the enacting clause with the following: the Critical Health Problems and Comprehensive Health Education Act is amended by changing Section 3 as follows, it’s read on the Bill and I won’t read the whole thing. But it’s a comprehensive health education program. The program established under this Act 09400036.doc 47  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 shall include but not be limited to the following major educational areas as a basis of curriculum in all the elementary and secondary schools in this state.”

Speaker Hannig: “On the Amendment, Representative Parke is recognized. Representative Eddy on the Amendment.”

“He indicates he’ll yield.”

“Mis… Representative, we talked about this Bill and no, we didn’t reach an agreement and I don’t think we’re going to reach an agreement as they’re looking at the Bill. But I’m still trying. So, this is just a Amendment to continue to hold on Second. But we’re just passing an Amendment at this point in time.”

“Yes.”

“Yes.”

“Okay.” 09400036.doc 48  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

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

Speaker Hannig: “Is it your intention, Representative Jefferson, to hold this on Second?”

“Yes.”

“Okay. So, Mr. Clerk, let’s hold this on Second Reading at the request of the Sponsor. Let’s return to page 23 of the Calendar, House Bill 956. Mr. Clerk, read the Bill.”

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

"Thank you, Mr. Speaker and Members of the House. House Bill 956 simply gives the Secretary of State the ability to… to fine motor vehicle dealers the… when they are 90 days late past their… from some of their… from some of the monies that they owe. If they’re 90 days behind and they owe money, they will be fined. It gives the ability for the Motor Review Board to fine them when they’re late. And I would ask for an ‘aye’ vote.”

“This is on the Order of Short Debate. And in response, Representative Parke is recognized.”

“He indicates he’ll yield.” 09400036.doc 49  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

"Yes, Sir.”

"It doesn’t say… it doesn’t that in the analysis, but there’s… there’s no opposition that I’m aware of.”

“Okay. And Representative Dunkin to close.”

"I would ask for an ‘aye’ vote. Thank you.”

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Jenisch, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 109 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 16 of the Calendar is House Bill 2900. Representative McAuliffe, would you like us to read that Bill. Mr. Clerk, read the Bill.”

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

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

“Third Reading. On page 26 of the Calendar is House Bill 2943. Representative Millner, do you wish us to read that Bill? Mr. Clerk, read the Bill.”

“Representative Millner.”

“This is on the Order of Short Debate. Is there anyone who stands in response? 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? Representative Mulligan. Okay, Mr. Clerk, take the record. On this question, there are 109 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 26 of the Calendar is House Bill 2920. Representative Jerry Mitchell. Mr. Clerk, read the Bill.”

“Representative Mitchell.” Mitchell, J.: “Thank you, Mr. Speaker, Ladies and Gentlemen. This is a very simple technical change in the way that… that we go through the court system for a name change. It simply says that you can give notice of the name change at the same time that you submit the first request for the name change. This puts it in line with all other requests the court for this same type of procedure. Be happy to answer any questions. Thank you.”

“This is on the Order of Short Debate. Does anyone stand in opposition? Then the question is, ‘Shall 09400036.doc 52  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 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? Representative Tryon, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 109 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 26 of the Calendar is House Bill 2550. Mr. Clerk, read the Bill.”

“Representative Moffitt.”

“This is on the Order of Short Debate. Does anyone stand in response? 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 109 voting 'yes' 09400036.doc 53  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mitchell. We have House Bill 27 on page 22 of the Calendar. Okay. Mr. Clerk, let’s… let’s take that out of the record. Oh… oh, there he is. Okay. Representative Mitchell. Mr. Clerk, read the Bill.”

“Representative Mitchell.” Mitchell, B.: “Yeah. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 27 allows counties and non-Home Rule municipalities to regulate businesses that permit the consumption of alcohol on the premises but done… do not fall under the control of the Act of 1935 and that is operating as a public accommodation or adult entertainment facility.”

“This is on the Order of Short Debate. Does anyone stand in response? 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 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 23 of the Calendar is House Bill 920. Representative Myers. Okay, Mr. Clerk, read the Bill.”

“Representative Myers.”

“This is on the Order of Short Debate. Does anyone stand in response? 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 108 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 25 of the Calendar is House Bill 2480. Representative Lou Jones. Mr. Clerk, would you read the Bill.”

“Representative Jones. Do you want us to come back to this, Representative Jones? Yeah, Mr. Clerk, why don’t we take this out of the record for a minute and we’ll move to House Bill 1005. Representative Joyce. Mr. Clerk, would you read the Bill.” 09400036.doc 55  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Representative Joyce.”

“Thank you, Mr… Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 1005 is… would change the Board and Care Home Registration Act. And in essence what it would do is move the responsibility from the Department of Public Health and Department of Ag… on Aging. It also addresses some fines and some noncompliance issue. It also would not allow any public official to place someone in one these homes without… without proper provi… provisions provided for. And provi… it also would… would allow fines of up… of up to a thousand dollars for each day that the provisions are violated. I don’t… I don’t know of any oppositions. It’s an initiative of AARP. Both departments are fine this. I’d hap… be happy to answer any questions.”

“This… this is on the Order of Short Debate. Does anyone stand in response? 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 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. And now, Mr. Clerk, let’s return to House Bill 2480.”

“The Lady from Cook, Representative Jones.”

“Thank you, Mr. Speaker and Members of the House. House Bill 2480 amends the Department of Public Health Act. Requires the Department of Public Health to provide grants for research for sarcoidosis from the funds appropriated for that purpose. With the permission of the Chair of the Speaker, I would defer the questions to Representative Connie Howard.”

Speaker Hannig: “This is on the Order of Short Debate. Representative Parke, do you stand in response?”

“She indicates she’ll yield.”

“At this point, we don’t have information about how much this is going to cost. We are in the process now of attempting to identify funds through the appropriations process.”

“At this point, we do not have a source of funds.”

“You know, sarcoidosis has affected people through the eyes, through the lungs, through all organs of the body. You know, there’s… there’s an extensive research on the kinds of ways that it affects the body but nobody can specifically say any of them are more prevalent than 09400036.doc 57  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 others. I have a number of pie… documents that I can provide for ya or I can even read something to ya that has been provided by the American Lung Association. But it is…”

“Well, yes, it would be… to make available funding to some of the organizations that are attempting to try to help the many individuals who are affected. And of course, that means people in the United States and in fact, the people are being affected in… in Northern Europe but also African Americans and men, women, people of all ages.”

“Ya… you know what, Representative, there are a number of a good causes and certainly, we understand that the state is suffering at this point. But there’s always a possibility that some money could be identified and that’s why we say, ‘subject to appropriations’.”

“And we certainly hope that if… if any money is identified for this that it can go for this purpose so that those persons who are being affected by it can get some kind of relief.” 09400036.doc 58  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Representative Washington.”

“Thank you, Mr. Speaker. Mr. Speaker, I rise in support of this Bill and I thank the Sponsor for bringing it forth. And I wanna share a personal reason why I’m in support of it. But before I do so, you know, I’m always reminded of my colleague, Representative Daniels, who is never without the means or the way to show his sympathy and his empathy for those who are in the disabled community and who are special because he has that specialty in his own midst in his own family. And prior to a month and a half 09400036.doc 59  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 ago, I knew nothin’ about this particular health threat. I have never heard or it but my son, one of my children, one of my seven children, my son who’s 23, started having some problems. And I’m just telling you it’s been… for those fathers in here that know when your children are grown, you still have that concern. You try not to baby ‘em and take too much space because they feel that they can handle it now. A lot of time, they… they wanna show us that they can do the right thing. But the doctors couldn’t find out what was wrong with him. And just recently, last week, they found out that he is a victim of this very thing that the Sponsors, Ms. Jones and Davis and Howard are pushing. And so, right now, I guess like Representative Daniels, it’s a different thing to look on the outside looking in but it’s one thing to be on the inside lookin’ out when it hits your own home. And so now, I’m faced with this and I wanna thank it’s a lady, who I don’t know her name, who was a lone advocate and approached me a week and a half ago in the hallway, happen to give me a pamphlet and I… I try to read most… most things and I happened to read it. And I said, ‘Why, these are the same symptoms that my son is havin’.’ And the doctor, they couldn’t find out what was wrong… what was wrong. So, I called the doctor. I said have you considered? And being that if it wasn’t for the advocates comin’ here to the State House, giving me a simple brochure for somethin’ I knew nothin’ about. Yet, I was in prayer for my son and to see him lose his youthfulness to the symptoms of this, it’s really scared 09400036.doc 60  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 me. And so now, they’ve confirmed, thanks to the advocacy of some young lady comin’ down here and thanks to the other Reps who are understanding that we really need to be educated about this when money becomes available. So, I’m beseechin’ the support of my colleagues on both sides of the aisle to support House Bill 2480. Thank you, Mr. Speaker.”

“This… this is on the order now of Standard Debate. We’ve had one speak in response and one speak in favor. And Representative Lang is recognized.”

“Thank you, Mr. Speaker. I rise in support of the Lady’s Bill. I heard some talk about the budget but let’s keep it simple. This is an important Bill on an important public health issue. And the Bill says pretty clearly that this is subject to appropriations, so I don’t know what all the budget discussion is about. We’re gonna have a budget negotiation as we approach the end of Session, June, July, August, November, whenever Session’s over. And we’ll determine as a General Assembly whether to appropriate the money for this important issue. So, I support the Lady’s Bill.”

“Any further discussion? Then… Representative Howard or… or Jones, who’s gonna close? Representative Jones is recognized to close.”

“Thank you, Mr. Speaker. I just ask for a favorable vote on this important piece of legislation.”

“Thank you, Representative Jones. And then the question is, 'Shall this Bill pass?' All in favor vote 09400036.doc 61  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 '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 108 voting 'yes', 0 voting 'no' and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 26 of the Calendar is House Bill 3457. Representative Pihos this is your Bill. Mr. Clerk, read the Bill.”

“Representative Pihos.”

“This is on the Order of Short Debate. Does anyone stand in response? The Gentleman from Cook, Representative Parke.”

“Okay. Representative Pihos is recognized 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 are 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Watson, for what reason do you rise?”

“State your point.”

“Thank you, Representative Watson. On page 12 of the Calendar is House Bill 2018. Representative Jefferson, would you like us to read this Bill? Okay. Out of the… out of the record at the request of the Sponsor. 09400036.doc 64  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 On page 23 of the Calendar is House Bill 918 for Representative Joyce. Mr. Clerk, read the Bill. Representative Joyce. Read…”

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

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 918 would prevent any county from passing a updated solid waste management plan after a… to… to negat… negatively impact an expansion after a local siting has already occurred. It’s… it’s… this is a initiative of the… of the Solid Waste Management Association. What has happened is in the past after a local siting process has taken place some counties have come back that wanted to stop a particular development and passed a solid waste… a 5-year solid waste management plan that has negaly… negatively impacted that local… local siting process. I’d be happy to answer any questions on this Bill.”

“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted… Have all voted who wish? Have all voted who wish? Representative… Bassi, would you like to be recorded? Representative Bassi. Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having 09400036.doc 65  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 received a Constitutional Majority, is hereby declared passed. On page 21 of the Calendar is House Bill 4052. Mr. Clerk, would you read the Bill. Representative Reis, this is your Bill.”

“Representative Reis.”

Speaker Hannig: “Okay. On the Amendment, Representative Fritchey is recognized.”

“Thank you, Speaker. I just wanna thank the Sponsor for his agreement to take the Bill out of the record the last time that came up. He’s taken a good Bill and cleaned it up and made it even better one. And I thank him and when it comes to Third Reading think everybody should support this measure. Thank you. Thank you.”

“Thank… Representative Gordon is recognized on the Amendment.”

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

“He indicates he’ll yield.”

“I also appreciate you cleaning up the language and what Representative Fritchey has said. However, 09400036.doc 66  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 Representative, I also know that in committee I had had several questions about the title of the crime you’re trying to create. And in my hand I have the three copies of the statute in Illinois. One is ‘heinous battery’, one is ‘aggravated battery of an unborn child’, and one is ‘aggravated battery of a child’. Now, based upon these three definitions in the State of Illinois, you’re creating ‘heinous battery of an unborn child’. Right?”

“And you’re picking and choosing from all three of these. Explain to me why we need ‘heinous battery of an unborn child’ instead amending the statutes we already have.”

“Well, ‘heinous battery’ in Illinois is when you ‘commit a battery knowingly causing severe and permanent disability, great bodily harm or disfigurement by means of a caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or agent, a radioactive substance or a bomb or an explosive compound.’ That’s what makes ‘heinous battery’. So, you took ‘heinous battery’, nowhere near the definition as it’s already written in the 09400036.doc 67  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 State of Illinois, and applied that to an unborn child. When we have ‘aggravated battery of an unborn child’ which is knowingly causing great bodily harm, permanent disability or disfigurement. So, explain to me why we need to mesh two definitions when something’s already defined. You’re redefining it as something else, ‘cause that’s not a help to a prosecutor. I’ll tell ya that right now.”

“You prefer the superlative of ‘heinous’ versus ‘aggravate… aggravated’, is that right?”

“I said you prefer the superlative of ‘heinous’ versus ‘aggravated’. Is that correct?”

“Do you know what a superlative is, Representative?”

“Okay. To the… to the Amendment, Ladies and Gentlemen. The Amendment, I… I understand, Mr. Speaker, we are talking about the Amendment, but I also requested that the Sponsor of this Bill keep this crime in the… the right direction of the definitions that we already have in the State of Illinois. He’s combining two definitions. One meaning something completely different and adding it to an unborn child. This has nothing to do with throwing a caustic substance on an unborn child. And he is meshing these two definitions, making it much more confusing for the prosecutors and not really following any type of uniformity 09400036.doc 68  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 in our criminal statutes. I know that there are people in this House who would agree with me that we’ve got some problems with uniformity in the criminal statutes. Let’s not make it worse. Please, keep this on Second Reading. Find a new definition and it’s gon… this Bill’s gonna fly out of here, Representative. There is no question about it. And I’m gonna one to vote for it. I just want it to be uniform with the rest of the statutes. Just because ‘heinous’ is a better word in your opinion than ‘aggravated’, doesn’t mean that this should be written as you have it. Thank you.”

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

“Third Reading. Mr. Clerk, read House Bill 1063, please. Mr. Clerk, would you read the Bill.”

“Representative Reis.”

“Mr. Clerk is… is that on… is that already on the Bill? Has Amendment #1 been adopted? Mr. Clerk, what is the status of House Amendment #1? Okay. Representative, in order to table an Amendment that’s already been adopted previously, you’ll have to file a Motion to Table here at the Clerk, at the well. So, why don’t you take this out of the record…”

“…at this time. You can file your Motion and then it’ll catch up, okay?”

“All right. So, we’ll just take this out of the record at this time, at the request of the Sponsor. On page 26 of the Calendar, Representative Mautino has House Bill 3577. Representative Mautino. Mr. Clerk, read the Bill.”

“Representative Mautino.”

“Thank you. House Bill 3577 is an initiative of the Associated Beer Distributors of Illinois. It would allow during the time of a routine inspection of records that the distributor or a representative be present. This has been the… the case most of the time. In some instances, it hasn’t happened. And this would just say, they do have that right available to them.”

“This is on the Order of Short Debate. Does anyone stand in opposition? Then the question in, ‘Shall 09400036.doc 70  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 this Bill… Excuse me, Representative Meyer, do you stand in response? Representative Meyer.”

“It says that at the time of an inspection of records, a distributor can have himself or a representative, an attorney present.”

“They’re done on-site. As a matter of fact, if the… normally what would happen is they… they would call up and say, ‘We’re gonna come in for inspection next Thursday for your audit.’ And then they would allow for the representative or his attorney to be present. So, I mean, it’s been the practice of it in the past and that was actually testified to by Assistant Director Bugielski in the Committee of Executive.”

“No, it says ‘may’.”

“It has been standard practice that it’s been done, but in a couple of instances, the commission agent has come in and when the distributor has asked if an attorney can be present. They said ‘no’ and were cited as being noncooperative and then that goes on to the hearing stage. But it’s… it’s normally been the practice and so, out of the ABDI board, they brought this forward and said…” 09400036.doc 71  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“In that situation? Because it was the choice of the agent there. So, possibly, better training on the agent’s part may… may’ve solved that problem, but they’d like to have someone who understands the Liquor Code there for both parties. This is already done by the Department of Revenue and the IRS.”

“Thank you.”

“Representative Mautino to close.”

“Appreciate an ‘aye’ vote.”

“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Represent… Okay. Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mautino, you also have House Bill 4025. It’s on page 26 of the Calendar. Mr. Clerk, would you read the Bill.”

“The Gentleman Bureau, Representative Mautino.”

“Okay. House Bill 4025 is an initiative of the Illinois Retired Teachers Association and would allow 09400036.doc 72  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 vacancies occurring in the membership of the Teachers Retirement System Board to be filled by election if their term is 6 months or more remaining. Currently, the board would vote on an appointment to fill the vacancy. So, what this says is go ahead and let the board appoint if there’s 6 months or less, but if someone say passes away with 3 years remaining, they would have an election. So, it just says that’d be the change and allow for an election in the case where a vacancy occurs.”

“And this is on the Order of Short Debate. Does anyone stand in response? 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? Representa… Okay, Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 24 of the Calendar is House Bill 1368. And Representative Molaro is gonna handle that Bill for Representative McKeon. Is that correct, Representative Molaro? You’re gonna handle this Bill? Mr. Clerk, read the Bill.”

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

“Thank you. This is brought by the Associated Firefighters. And what it does is it requires non-Home 09400036.doc 73  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 Rule community cannot in any way combine the firefighters’ and police officers’ positions and require the group to perform each other’s service. And this seems to make common sense to me. And we ask for a favorable Roll Call.”

“The Gentleman has moved for the passage of House Bill 1368. Is there any discussion? Then the… Representative Meyer is recognized in response.”

“Pardon me.”

“Yes. I… I guess it was the intent of the Sponsor that we wouldn’t preempt Home Rule, I guess.”

“From what we’re told, in Home Rule communities this… this has never been a problem. And the problem seems to be in non-Home Rule communities. But I will certainly talk to the Sponsor to see if he would like to include all communities or maybe even in the Senate to see if there’s a will to include all communities.”

“I think… This has to do with work assignments. It doesn’t have to do with emergency, whatsoever. Obviously, in an emergency situation, everybody does all kinds of 09400036.doc 74  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 duties. We’re talking, it says in the Bill itself, it talks about ‘work assignments in a manner inconsistent’. So, we’re talking about them assigning them work. We’re not talking about emergency situations. We’re talking about that at the beginning of a week, not emergency, they go to a police officer and say, ‘you’re gonna do this duty’ or ‘firefighters, you’re gonna do this duty.’ So, it’s a nonemergency situations.”

“Sure, that would be… that would not be… that would not be covered by this Bill.”

“This is, as I said, this brought by the fire department and police departments throughout this state and the associated fire associations and obviously, we pass may be hundreds of laws since I’ve been here for the firefighters that have become statewide issues that we didn’t leave in the land… hand of the locals. We just here in the State of Illinois think it should be the policy that the firefighters should be out there fighting fires on a day-to-day basis. In emergency situations, you won’t even have to ask ‘em, they’ll, of course, step up but this is just in day-to-day. We don’t want it to be where non-Home Rule communities can come up and assign firefighters to police duties when they haven’t had the training to do so.” 09400036.doc 75  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Well, we… at… Okay, I’ll… I’ll… at the risk of repeating myself, the firefighters and police officers are for it. The Municipal League is against it. We have had hundreds of Bills where the firefighters and police officers are for it and the Municipal League’s against it. The argument you just make is a valid, well thoughtout argument, but I’m saying that I’m on the other side of that argument.”

“I feel the State of Illinois can come in and say, ‘We feel that in non-Home Rule communities, we don’t want our firefighters to be assigned police duties unless it is an emergency.’”

“I… I respect your positions. I think it’s incorrect, but I respect it.” 09400036.doc 76  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“I’m… I’m sorry. Can you repeat that, again?”

Speaker Hannig: “Representative Meyer your 5 minutes have expired. Could you bring your remarks to a close, please?”

“I think they… they must’ve asked and the Sponsor adhered to that. But I don’t know the reason behind it.”

“Representative May.”

“Sponsor yield?”

“The Sponsor indicates he’ll yield.”

“Yes, following up on Representative Meyer. I do have a question about Glencoe which is in my district. Our analysis doesn’t reflect any exemption for Glencoe.”

“And… and I don’t know… I don’t think they’re, I mean, they’re not opposed to this Bill. Now, he was talking about an Amendment that we gave them. They’re for the Bill now, from what I’m told.”

“Not what I understand. But our… our analysis doesn’t reflect that Amendment. Will someone clarify that that Amendment is there?” 09400036.doc 77  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Mr. Clerk, why don’t you clarify for the Body which Amendments have been adopted.”

“And that exempts Glencoe?”

“Yes, that’s…”

“Okay. And… and I’m very concerned because I… Glencoe’s in my district and I heard from them. It’s a small community and they have a joint… they call… have a public safety committee, joint police and fire, where they have cross training and it works very well for them. So, is Glencoe the only community in the state, do we know, that has a public safety committee?”

“That’s the only one that’s came aware to our… that made us aware of theirs.”

“Okay. That… that was my question. So, it’s clarified that they are exempt and we don’t know…”

“Right, but they…”

“…if there are any other joint public…”

“Right.”

“…safety committees in the state.”

“Fine. If they created it and they ask for it and that’s working very well then they certainly could be exempt from this Bill.”

“Thank you.”

Speaker Hannig: “Representative… Representative Molaro to close.”

“We… the firefighters and police officers have come together on this Bill. We train firefighters to fight 09400036.doc 78  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 fires. We train police officers to fight… to fight crime. And we shouldn’t be over there given ‘em normally assigned duties that crossover. It doesn’t make any sense. In emergency, the police and fire are always there. If in Glencoe, they’ve been trained to do both and the firefighters and the police officers agree, that makes sense. If they don’t agree, then it doesn’t make any sense. So, I would verge (sic-urge) an ‘aye’ vote.”

“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative McCarthy. Representative Biggins. Representative Saviano. Would those Gentlemen wish to be recorded? Mr. Clerk, take the record. On this question, there are 73 voting 'yes', 35 voting 'no', and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 3 of the Calendar is House Bill 341. Representative Millner, do you want us to read that Bill? 341. Mr. Clerk, read the Bill.”

“Third Reading. Representative Molaro, you have House Bill 2379 on the Calendar on page 25 of the Calendar. Would you wish to move forward? Okay. That’s 09400036.doc 79  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 out of the record at the request of the Sponsor. Representative Patterson, you have House Bill 3467 on page 26 of the Calendar. Mr. Clerk, read the Bill.”

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

“Thank you, Mr. Speaker. I’d like to present House Bill 3467 to my colleagues. House Bill 3467 requires the Department of Public Health in cooperation with the Illinois Environmental Protection Agency to develop proper disposal of hypodermic needles, syringes and other sharps used for self-administration purposes. In addition, the Bill encourage the safe disposal programs that include, but are not limit to the following: drop box or supervised collection sites, sharps mail-back programs, syringe exchange programs and at-home needle destruction devices. Mr. Speaker, I urge a vote of consideration for this Bill.”

“This is on the Order of Short Debate. And in response Representative Parke is recognized.”

“He indicates he’ll yield.”

“Representative, I was not aware that you were looking for me to bring back an answer to you. I thought I specifically indicated that this Bill does not mandate any specific method. The four methods that… that I just described is just simply one of four uses or methods used to dispose of needles. The Department of… Environment and the Department of Health will make the determination in terms of which methods should be used for given vicinity or municipality.”

“No, I’m not, Representative, I’m not aware of any other state. But what I do know is that the fact that syringes and other medical sharps that are used for… in the home location, presents a health hazard to the citizens of the State of Illinois and to refuge (sic-refuse) collectors that have to pick up our garbage every day of the week.”

“No. It’s just that when I use the term ‘syringe exchange program’ the assumption that if that exists for given purpose, the exchange is just simply take it back to the medical provider. That medical provider will then follow the proper method of disposal of that syringe or needle.” 09400036.doc 81  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“No, this is just simply a educational program and a recommendation to the Department of Health or the Illinois Department of Environment that they can use or consider one of these methods.”

“The Bill seems to have enough interest to be moved to Standard Debate. So, on that question, Representative Graham is recognized for 5 minutes.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I stand… rise in support of the Gentleman’s Bill. It is a very good compliment to a Bill that I passed out of here earlier this year, House Bill 523, establishes the sharp station drop-off to peo… professionals who are already knowledgeable in handling sharps and needles of that sort. So, his Bill would establish some guidelines. So, it’s a… it’s a great compliment. So, I stand in support of his legislation. Thank you and I encourage an ‘aye’ vote.”

“Representative Miller.”

“Will the Sponsor yield?”

“He indicates he’ll yield.”

“The intention of this is just, Representative Patterson, just for the common person to understand what to do with their needles if they’re a diabetic or if they’re 09400036.doc 82  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 under one of the programs, needle exchange or even a purchase any needles. Is that my understanding?”

“That’s correct, Representative.”

“And then… and that currently, the Department of Health, there’s no way for, you know, you or I if… if, God forbid, that we’ve been struck with diabetes if we’re not involved with this and maybe the physician didn’t tell us how to dispose the needle at home or here in the Capitol, wherever. There’s no written explanation of how to do this, per se.”

“That’s correct. As I’ve indicated earlier, Representative, I believe that human beings are creatures of habit and if we’re just simply accustomed to throwing different waste into a garbage container that canister’s carried to the larger can that’s picked up by that refuge (sic-refuse) collectors. We may not be aware that we’re exposing workers and others in the recycling industry to these dangerous sharp objects.”

“To the Bill. I, too, stand in strong support. In my practice there’s particular standards of procedures that I have to do in regards to disposal of needles. I… we put them in a sharp disposals that we buy commercially, but however, I can imagine doesn’t un… wouldn’t know, just commonly wouldn’t know how to dis… dispose of these things. I, also, have a 17-month old child, as you know, children get into all kinds of things who if we… if… if they get into something like this… into a needle unconsequently, something could happen. So, I just think this makes some 09400036.doc 83  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 good sense. It provides information to the average person on the proper way to dispose of a… of a needle. It provides a safe environment for that needle and to proper disposal to… to a larger or… or some type of disposal facility. I… I urge General Assembly for a favorable vote.”

“So, we’ve now had two speak in favor and one speak in response. Representative Bellock, do you speak in response?”

“Well, we’ve already had enough speak for it. So, why don’t we just go to… let Representative Patterson close.”

“Thank you, Mr. Speaker. I urge my colleagues to consider a favorable vote to House Bill 3467. Thank you.”

“Thank you. And 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? Okay. Mr. Clerk, take the record. On this question, there are 108 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 21 of the Calendar is House Bill 3825. Mr. Clerk, would you read the Bill for Representative McAuliffe.”

“Third Reading. On page 8 of the Calendar is House Bill 1094 for Representative Rose. Is the Gentleman… the Gentleman on the floor? Okay. Mr. Clerk, read the Bill.”

“Representative Rose.”

“The Gentleman moves for the adoption of Floor Amendment #1. Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?” 09400036.doc 85  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Representative Rose, on Floor Amendment #2. We just adopted #1.”

“Can you clarify for us, Mr. Clerk.”

“Now, what… was Floor Amendment #1 was just adopted. Is that correct, Mr. Clerk. The Clerk’s gonna try to clarify this, Representative Rose. Okay. So… so, we’ll disregard what we did on 1 because actually that was not in front of us. So, we’re gonna go to Floor Amendment #2 and Representative Rose is recognized.”

“Representative Rose, the… the Clerk’s further trying to clarify that indeed we’re right. So, why don’t we just wait for a minute here. So, Representative Rose, the Clerk informs me that the Judiciary Committee sent to the floor Amendments 1 and 2 to be adopted. So…”

“Okay. So, what we’ll do is having voted on the prevailing side, Representative Rose moves to reconsider the vote by which Floor Amendment #1 was adopted. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Motion is adopted and the vote is reconsidered. Now, Representative Rose, withdraws Amendment #1.”

Speaker Hannig: “And Mr. Clerk, are there any further Amendments?”

“Okay. Representative Rose.”

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

“Third Reading. On page 10 of the Calendar we have House Bill 1384, which Representative Bradley is going 09400036.doc 87  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 to handle for Representative McKeon. So, Mr. Clerk, would you read the Bill.”

“Third Reading. On page 19 of the Calendar is House Bill 3621 for Representative Sacia. Mr. Clerk, read the Bill.”

“Third Reading. On page 13 of the Calendar is House Bill 2417. Mr. Clerk, would you read the Bill.”

“Representative Kelly.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Amendment 2 is a cleanup Amendment regarding judiciary ordered recounts. The language was inadvertently omitted from the Bill as filed. House Amendment 2 makes the language consistent with the rest of the Bill in that it explicitly strikes the local canvassing board from the process. Under the Amendment, the election authority is 09400036.doc 88  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 clearly responsible for judicia… judicially, I can’t speak, ordered recount.”

Speaker Hannig: “The Lady moves for the adoption of Floor Amendment #2. Is there any discussion? All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. And on page 25 of the Calendar is House Bill 2416. Mr. Clerk, would you read the Bill.”

“The Lady from Cook, Representative Kelly.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2416 amends the Election Code. Currently, local electoral boards hear cases involving objections to the nominating petitions filed by candidates running for local office. In some cases the electoral boards have abused their power in an effort to knock candidates off the ballots. The result is excessive litigation, discouragement of local candidates, and expensive delay in printing of ballots. In other cases, people who currently make the rulings are sometimes put in awkward situations because they, too, are candidates and their rulings can have a negative consequence. This Bill aims to reduce the number frivolous challenges, expedite the hearing process, and encourage less partisan rulings. House Bill 2416 moves this… these candidacy hearings to the county electoral boards made up of the county clerk, 09400036.doc 89  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 state’s attorney and the clerk of the circuit court or their representatives. These boards already rule on state and countywide election cases in even years and park and library district cases in odd years. This Bill will not affect those municipalities which operate under a board of election commission… commissioner. I can answer any questions.”

“Okay. There’s already a number of inquiries on the Bill, so we’ll put it on the Order of Standard Debate. And first to speak will be Representative Meyer.”

“She indicates she’ll yield.”

“As I stated…”

“As I stated before when that was mentioned, I agreed in committee to hold it on Second to try to work it out with the Illinois Municipal League. But if we could not work it out, that I would pass the Bill to Third. That’s… I made that comment before and I did try to work it out. There was no working out what they wanted.”

“They wanted the local people to have the opportunity to opt out of this. But… that would not solve the issue if they had the opportunity to opt out. We would be right back where we started.” 09400036.doc 90  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“You’re welcome.”

“Representative Giles.”

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

“She indicates she’ll yield.”

“Representative, once again, I do not sit on the Election Committee, I just got a couple of questions with your legislation. I’m… I’m lookin’ here and I’m seein’ where… could you… well, first of all, could you explain the process in which an individual is challenged? And why are we changing that particular process in this legislation?”

“Because what has found to be… I don’t know if you’ve seen the local papers and different things but when petitions have been challenged, for instance in my village, the mayor, the village clerk, and the most senior council member are the electoral board that decide on the petitions. So, when it’s challenged, they are the first place that people go to to challenge and they make the decision whether the person stays on the ballot or they don’t stay on the ballot.”

“So… so what… what are we changing?”

“So, we’re changing that that local board aren’t… they’re not the people that will do it.”

“The local board?”

“Right. The local…”

“So, we’re allowing the… the municipality…”

“No.”

“…to actually make the change?” 09400036.doc 91  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Right. No, it won’t be the municipality any more. It’s the local, I’m sorry, it’s the local mayor of the municipality, his most senior trustee, and the village clerk that currently make the decision. And we’re taking… that’s what we’re changing.”

“Okay. I… I guess my question is, why are they fit and better… why are they better to make that decision?”

“Why are the other people better? The new?”

“No, the actual…”

“No, they’re not gonna make the decision anymore. They make the decision currently.”

“Right. And I understand that.”

“But if this Bill passes they won’t be making the decision anymore.”

“Let’s say, for example, I’m sure this is an initiative of Cook County Board. Correct? Of the Cook County?”

“David Orr.”

“Cook County, David Orr’s office. Why are they… they’re the one… individuals that wants to make the decision on the individuals that has been challenged?”

“Right.”

“And is going through the process?”

“Right. And they…”

“They want… have the final say-so. Is that correct?”

“Well, it… it’s a statewide Bill. So, yes, the electoral boards.”

“Okay. And so, I… I guess my question is, why do, for… in this particular case, the Cook County…” 09400036.doc 92  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“The clerk and the state’s attorney…”

“…Clerk’s Office feel like they have… they have the interests at heart to make the decision more so than that local municipality?”

“Well, I think they’re more experienced, will probably be more neutral and also, the problem has come up with local folks that it takes much longer. So, it holds the… David Orr’s office and others back from doling out what the punch numbers will be and things like that. They do it more often, so they’re more experienced and they’ll be more neutral.”

“I mean, have there been some major cases in which individual has been wronged or the process has not worked itself out or someone got left off the ballot…”

“Oh, definitely. There…”

“…because of… of a court… of an objection or a court challenge? Have there been some cases in which…”

“Yes, that has happened, in… in various municipalities, yes, that has. Plus, the other thing that happens that people sometimes don’t bother to challenge a petition because they feel that the people at the top are not gonna make the right decision any way because of repercussions. I can give you another example. There was definite evidence that a petition… petitions put forth were not legal but the challenging party decided not to do it because the mayor, the village clerk, and the senior most trustee would not rule on it anyway to knock the person off 09400036.doc 93  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 the ballot because they were running themselves and they didn’t want negative repercussions.”

“Could you tell me why, I mean, I… I’m looking at some of the language here and it just states, simply states that if this Bill passes, there will be a delay in printing the actual ballots. Could you…”

“That why… what now?”

“If… if this Bill is passed, there will be a delay in printing the actual ballots. Why is that particular language in… why would that be applicable to your particular Bill? Why would… if we pass this Bill, this will delay in printing the ballot.”

“No, it won’t. No. We feel that it’ll speed up the printing of the ballots.”

“Okay. Okay. And, of course, the Illinois Municipal League is in opposition…”

Speaker Hannig: “Representative Giles, your 5 minutes have expired. Could you bring your remarks to a close, please.”

“Thank you. The Illinois Association of County Clerks and Recorder, why would they be neutral on this pic… piece of legislation?”

“Ex… I didn’t hear…”

“The Illinois Association of County Clerks and Recorders, why would they neutral on this legislation?”

“I don’t know, Representative.”

“Okay. Thank you, Mr. Speaker.” 09400036.doc 94  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

Speaker Hannig: “So, we’ve had two speak in response. Representative Parke is recognized. Do you speak in response or in favor, Representative?”

“Okay, then proceed.”

“She indicates she’ll yield.”

“Actually, I don’t agree with what you’re saying because when something is challenged, when you’re saying they need to have a better understanding of what’s going on in the community, the challenge should just be the challenge. If the signatures are wrong, it shouldn’t be if you have a better understanding. We’re looking for neutrality not… it’s not personal or anything like that. And that’s been the problem sometimes.”

“Uh huh.”

“You know what, the county does it anyway for park districts and libraries. So, they’re already, ya know, attuned to doing these… making these kind of decisions. And they are more experienced and, to me, more neutral and perhaps, more professional.”

“Okay. Now, we’ve had three speak in response which is the maximum allowed under the rules of Standard Debate. We still… we still have an opportunity for two to speak in favor. Representative Miller, would you like to speak in favor? Representative Miller.”

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

“She indicates she’ll yield.”

“Representative Kelly, the goal in this is to try to bring local politics out of the… the local election process?”

“Right.”

“I couldn’t hear you.”

“Yes.” 09400036.doc 96  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“And… and so… is… is by moving this away from local politics which we know can get very vicious and very vindictive and very unfair, is it just… does this supersede the fairness or the objectivity if it’s moved out of the local jurisdiction?”

“I feel like it’ll be more fair and more objective if we move it out.”

“To the Bill. I support this Bill based on a number of reasons. Everybody in this chamber knows that regardless of where you live, that local politics can get real simple and real nasty. In fact, so much, in a recent election in Dolton, Illinois, that the mayor and the village clerk were not on the same page in addition to another opponent. And what happened was, that… that clerk of the Village of Dolton, had to file a Freedom of Information Act for her to do her job. Now, that’s just simply not fair. Regardless of the fact of whether they’re on the same political side or against the same political side, it’s simply not fair that the village clerk was not allowed to do her job. And so, when you start talking about petitions and… and trying to become elected, clearly there’s gonna be some politicalness involved in this whole process. So, it only makes sense to move it out of some… from that local municipality to something’s that more neutral that’ll be fair to the entire process. In addition, one of the challengers in the last election filed his petitions and all of a sudden got kicked off because of a fine that he did not even know about. In addition, to try to appeal 09400036.doc 97  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 that… to appeal that decision by the same person he’s running against. That’s simply doesn’t make sense. This provides an opportunity for local municipals to run a fair, cleanest, honest election without the subjectivity of those who are there trying to run or keep their office to be the one deciding on who runs for office and who not. I urge all Members of the General Assembly to support this legislation.”

“So now, one has spoken in favor and we have room for one more under the rules of Standard Debate to speak in favor. Who would like to rise? Representative Froehlich.”

“She indicates she’ll yield.”

“Absolutely.”

“Well, sometimes the people that are making the decisions are actually making decisions against people they’re running against or maybe one of the trustees they support are running against. So, it’s a conflict of interest.” 09400036.doc 98  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Representative Beiser, I’m… I’m advised, is gonna close. So, 5 minutes to close, Representative.”

“Thank you, Mr. Speaker. I would like just to rise in strong support of this Bill and Representative Kelly. In my local community just two months ago, we had this very same issue come up where the very people that were running for office were deciding a potential opponent’s validity for the ballot. It was a tremendous conflict… potential conflict. I will say, I believe, it was handled very appropriately and professionally, but it did not need to happen that way. In my opinion, what this Bill would do would be take that situation, put it to a county level which would be more impartial and would be a layer of protection for the people out there that are going to be voting on these positions. The general public would be 09400036.doc 99  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 better served if this Bill becomes law. Thank you very much.”

“So, 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? Mr. Clerk, take the record. On this question, there are 61 voting 'yes', 45 voting 'no', and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page… yeah, on page 26 of the Calendar is House Bill 3538 for Representative Saviano. Mr. Clerk, read the Bill.”

“Representative Saviano.”

“This is on the Order of Short Debate. And in response is Representative Parke.”

Speaker Hannig: “Representative Saviano is recognized 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? Have all voted who wish? Representative Eddy, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 74 voting 'yes' and 33 voting 'no' and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Saviano, you wanna call 3785? Okay, Mr. Clerk that’s on page 26 of the Calendar. Read the Bill, please.”

“Representative Saviano.”

“The Gentleman has moved for passage of House Bill 3785. 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, excuse me… Representative Collins. Okay, Mr. Clerk, take the record. On this question, there are 107 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On 09400036.doc 103  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 page 25 of the Calendar is House Bill 1554 for Representative Schock. Mr. Clerk, would you read the Bill.”

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

“This is on the Order of Short Debate. Does anyone stand in response? And on that question, Representative Lang is recognized.”

“Thank you. Will the Sponsor yield?”

“He indicates he’ll yield.”

“Can you explain the mechanism by which this Bill would work if it became law, Representative? I mean, what are you trying to accomplish, how does it work?”

“So, do these prices not change in a volatile way, don’t they move around and… and how would… how would the website keep up with the fluctuations and prices?”

“Well, I’m not sure, so let’s talk that through. So, you’re a person looking for the best price and you check this website and you find the best price and you go and you find out the price has changed. And now you’ve been inconvenienced. Isn’t it possible this will confuse more than it will help?” 09400036.doc 105  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Well…”

“Are you suggesting that in every case when a price changes, every pharmacy will change their price under the exact proportionate way so that, the cheapest pharmacy will always be the cheapest pharmacy?”

“Isn’t it also the case that a lot of pharmacies will just automatically give the Medicaid price to everybody? You have to speak for the record, Representative.”

“Isn’t it the case that most pharmacies will automatically just give everybody the Medicaid price?”

“Well, so if that’s the case, what is the purpose of the website?”

“If everybody in the end gives the same price, then what’s the purpose for the website?”

“So, I… I… so, is the department for or against your Bill?”

“Because?”

“Are they opposed on fiscal grounds? Are they opposed ‘cause they don’t like the idea? Or are they opposed ‘cause in the end everybody gets the same price anyway?”

“Representative Lang, your time has expired. Would you bring your remarks to a close, please?”

“Thank you. Just one more question, Mr. Speaker. And I appreciate your indulgence. Wouldn’t it be better, then, to put an Amendment on this Bill that required that these prices be updated more currently by a certain date every time the price changes?”

“All right. I’ll consider your Bill. Thank you, Sir.”

“Representative Stephens.”

“Representative Schock to close, 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? Representative Hassert, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 108 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 18 of the Calendar is 09400036.doc 109  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 House Bill 3471 for Representative Soto. Do you wanna move a couple of these Bills right now? Mr. Clerk, would you read the Bill, please.”

“Representative Soto.”

“Yes. Thank you, Speaker and Members of the House. House Bill 3471 amends the Illinois Vehicle Code. This is a cleanup Bill. It amends the provision regarding failure to pay fines, penalties and court costs to provide that the Secretary of State may not remove the noca… the notation indicating a driver’s license failure to pay until the Secretary has received directly from the court of venue, rather than the driver, a written notice of payment. And I’m open for questions and I urge an ‘aye’ vote. Thank you.”

Speaker Hannig: “The Lady moves for the adoption of Floor Amendment #1. Is there any discussion? 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 1133.”

“Representative Soto.”

“Thank you, Speaker and Members of the House. House Amendment #1 becomes the Bill. Rewrites the requirement for the Department of Public Aid to undertake a pediatric asthma initiative.”

Speaker Hannig: “The Lady moves for the adoption of Floor Amendment #1. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. On page 11 of the Calendar is House Bill 1565. Mr. Clerk, would you read the Bill.”

“Wish to move that to Third? Okay, Third Reading. And then on page 23 of the Calendar is House Bill 769. Mr. Clerk, would you read that Bill.”

“The Lady from Cook, Representative Soto.”

“Thank you, Speaker. House… House Bill 769 amends the Illinois Vehicle Code, amends the provision regarding failure to pay fines, penalties and court costs to provide the Secretary of State that they may not remove the notion 09400036.doc 111  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 (sic-notation) indicating the driver’s failure to pay until the Secretary of State has received directly from the court a venue, rather than the driver, a written notice of payment. Thank you.”

“The Lady has moved for the passage of House Bill 769. This is on Short Debate. Does anyone stand in opposition? 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 108 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Watson, for what reason do you rise?”

“Yes, state your point.”

“Welcome to Springfield. On page 23 of the Calendar is House Bill 782. Is Representative Sullivan wishing this Bill to be called? Okay. Out of the record at the request of the Sponsor. On page 5 of the Calendar is House Bill 711 for Representative Washington. Do you wish us to move that Bill, Representative, from Second Reading to Third? Mr. Clerk, read the Bill.” 09400036.doc 112  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“Representative Washington, you’re recognized on the Amendment, on the Amendment.”

“Thank you, Mr. Speaker. Mr. Speaker, the Amendment is a simple Amendment. It only deletes the fact that we’re not talking about weapons here. So, I ask for an ‘aye’ vote and approval of the Amendment.”

“The Gentleman moves for the adoption of Floor Amendment #2. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. On page 26 of the Calendar is House Bill 3606 for Representative Winters. Mr. Clerk, would read the Bill.”

“Representative Winters.”

“This is on the Order of Short Debate. Does anyone stand in response? 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 108 voting 'yes', 0 voting 'no', and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 222 of the Calendar is House Bill 672 for Representative Yarbrough. It’s out of the record at the request of the Sponsor. Representative Younge, you have two Bills. On page 23 of the Calendar is House Bill 961 on the Order of Third Reading. Would you like us to read that Bill? Mr. Clerk, read the Bill.”

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

“Thank you, Mr. Speaker. House Bill 961 would create the state advocacy program for the homeless mentally ill and the developmentally disabled. It would create an advocacy position in the Department of Human Services and the purpose of that position would be to help coordinate programs having to do with the homeless mentally ill. It would create a council to review the programs of the Department of Human Services. And it would amend the Illinois Housing Development Act to require that certain numbers of low and moderate income housing be available for 09400036.doc 114  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 the homeless mentally ill and developmentally disabled. I have not reached an agreement with the Department of Human Services, yet. They project that the cost of this legislation would be about $80 thousand and I am in the process of talking to them in reference to how those funds will be made available. And I ask for your support in reference of this matter.”

“The Lady has moved for the passage of House Bill 961. This is on Short Debate and in response the Chair recognizes Representative Parke.”

“Representative Younge is recognized to close.”

“The homeless mentally ill and developmentally disabled need this Bill and I ask for your support because they’re depending upon us to help them.”

“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. 09400036.doc 115  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 Have all voted who wish? Have all voted who wish? Representative Lindner, would you like to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 106 voting 'yes', 0 voting 'no', and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 9 in the Calendar is House Bill 1271. Mr. Clerk, would you read the Bill. Out of the record, Representative?”

“Out of the record.”

“Okay. Thank you, Representative. Out of the… out of the record. Representative Brosnahan has two Bills. On page 7 of the Calendar is House Bill 1039. Mr. Clerk, read the Bill.”

“Third Reading. And also, read House Bill 4030 on page 21 of the Calendar.”

“Third Reading. On page 14 in the Calendar, Representative Flowers has House Bill 2547. Mr. Clerk, would you read the Bill.” 09400036.doc 116  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

Speaker Hannig: “Third Reading. And on page 22 of the Calendar, Representative Eddy has House Bill 471. Mr. Clerk, would you read the Bill.”

“Representative Eddy.”

“This is on the Order of Short Debate. And in response, the Chair recognizes Representative Bill Mitchell.” 09400036.doc 117  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 Mitchell, B.: “Thank you, Mr. Speaker. Would the Sponsor yield?”

“He indicates he’ll yield.” Mitchell, B.: “Representative, I think this is a great Bill. I was wondering and I had a Bill similar to this several years ago. E85, what exactly does that mean? People might, of the House, wanna know what that is.”

“There seems to be a few others who would like to speak, so we’ll put this on the Order of Standard Debate and recognize Representative McCarthy.”

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

“He indicates he’ll yield.”

“Representative, I… I remember we had this in committee. And I don’t remember if we were gonna work on an answer to the question or if you were able to give it at the time. But we… This is subject to appropriation, first, correct?”

“Okay. And remember, I think my question was, if it was, say, appropriated at $10 thousand, was it your intent that 10 people would get $1 thousand vouchers or say a 09400036.doc 120  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005 thousand people applied and each of ‘em would get $10 vouchers?”

“Proration, okay.”

“Would there be… Would the people who own these vehicles in the state automatically be notified or would it be the… would it be that the obligation on them that they would just have to know they have this, know the program’s out there and apply?”

“Okay. And… and I know there is an appropriation that has a suggested amount of about $5 million, is that correct?”

“Okay. And do you know how many vehicles would qualify in this state if every single one of them applied for this?”

“Okay. Do you… do you have any idea is it… I mean, is it a hundred thousand? Is it 5 thousand?”

“Okay. Well, I appreciate your answers about the prorated share because I think that would be fair. I wouldn’t wanna see if it was a small appropriation, you know, 20 or 30 lucky people get something or get a thousand dollars and then hundreds of people get nothing. So, I don’t know if that has to added on in the Senate or not or just a legislative intent would be good enough for that. But it certainly is a good program but I would like to see it at least split evenly among all the people who apply in, ya know, whatever the number of time they have. So…”

“Yeah.”

“Yeah, maybe your colleague from Decatur’s more the expert. I can ask him later. But if you have an E85 vehicle that your using regular unleaded gas for today, can you switch over midstream or do you have to start from day one with the E85?”

“So, you don’t think that because you used other stuff before that procludes (sic-precludes) it or you don’t… or you’re like me, you’re not a mechanic.”

“Okay. Thank you very much.”

“Representative Parke.”

“Representative Sacia.”

“Representative Eddy 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 are 106 voting 'yes', 0 voting 'no' and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 19 of the Calendar is House Bill 3628. Mr. Clerk, would you read the Bill.”

Speaker Hannig: “The Lady from Cook, Representative Feigenholtz.”

“Thank you, Mr. Speaker. Floor Amendment #1 is the result of some concerns that people had on a Bill that I’ve been working on for 1 year. I suppose right now we can call it the ‘Baby Tamia’ Bill. It clarifies… there was concern on the part of some attorneys who practice adoption law and some clarifications needed, some input from the Attorney General’s Office. And I would appreciate the adoption of this Amendment.”

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

“Third Reading. On page 9 of the Calendar is House Bill 1272. Mr. Clerk, would you read the Bill.”

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

“Mr. Speaker, I want to withdraw Amendment #2 and proceed with Amendment #3.”

“Okay. Amendment #2 is withdrawn. Any further Amendments.”

“You need to change the board. There we go. The Lady from St. Clair, Representative Younge.”

“I move the… for the adoption of Amendment #3. It is a recommendation of the Illinois Municipal League to include business people on the board of the economic advisers.”

Speaker Hannig: “The Lady moves for the adoption of Floor Amendment #3. 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, would you read the committees that will meet on Monday when we return.” 09400036.doc 126  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 36th Legislative Day 4/8/2005

“I would point out to everyone who’s received this bulletin that there’s a very important sentence right here that’s boxed in the middle. It says, ‘Members are strongly encouraged to have substantive House Amendments filed with the House Clerk before the House adjourns on Tuesday, April 12.’ So, we wanna have your… you need to have your Amendments prepared and filed with the Clerk by next Tuesday. Mr. Clerk, would you read the Agreed Resolutions.”

“Representative Turner moves for the adoption of the Agreed Resolutions. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Agreed Resolutions are adopted. Mr. Clerk, read the Adjournment Resolution.”

Speaker Hannig: “Representative Turner now moves for the adoption of the Adjournment Resolution. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Adjournment Resolution is adopted. Are there any announcements? Then Representative Turner moves that the House stand adjourned until Monday, April 11, at the hour of 2 p.m. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the House stands adjourn. Allowing Perfunctory time for the Clerk, the House stands adjourned.”