Illinois House Floor Debate — April 13, 2005

“The hour of 11:00 having arrived, the Members will please be in their seats and the House will be in order. 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 Pastor Al Sandlin with Riverside Church of Christ in Minooka. Al Sandlin is the guest of Representative Gordon.”

Speaker Hannig: “And we’ll be led in the Pledge today by Representative Osmond.”

Speaker Hannig: “Roll Call for Attendance. Representative Currie.”

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

“Representative Bost.”

“And the record will so reflect. Mr. Clerk, take the record. There’s 116 Members answering the Roll Call, a quorum is present. Mr. Clerk, Committee Reports.”

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

“Yes, state your point.” 09400039.doc 4  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

Speaker Hannig: “Welcome to Springfield. On Supplemental Calendar #1, on the Order of House Bills-Second Reading, is House Bill 3742. Mr. Clerk, would you read the Bill, please.”

“Third Reading. Representative Biggins, you have on page 27 of the Calendar, House Bill 4014. Mr. Clerk, would you read the Bill.”

“Representative Biggins.”

“The Gentleman moves for the passage of House Bill 4014. This is on the Order of Short Debate. Does anyone stand in response? Then… Rep… the Gentleman from McHenry, Representative Franks.”

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

“He indicates he’ll yield.”

“Representative, I’m just looking at our analysis and it indicates that the American Red Cross is an opponent. Could you please tell me why?”

“Thank you, I appreciate that.”

“Is there any further discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bailey. Representative 09400039.doc 6  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Bailey. On page 24 of the Calendar is House Bill 904. Mr. Clerk, read the Bill.”

“The Lady from Cook, Representative Bailey.”

“Thank you, Mr. Speaker. I would like to… let me see. Is there a third Amendment?”

“Mr. Clerk, could you give us the status of the Amendments on the Bill, please.”

“Did he say… I couldn’t hear the last part.”

“He said #3 is still in the Rules Committee.”

“I would like to withdraw House Amendment 3.”

“Can not…”

“I don’t…”

“Three’s not on the Bill, Representative.”

“Okay, thank you.”

“So, the Bill’s on Third Reading. Do you want to pass it right now?”

“Yes.”

“So, why don’t you explain the Bill to the Members and we’ll go from there.”

“Thank you, oh. House Amendment… House Bill 904 amends the Public Health Powers and Duty Law. Requires the Department of Health to create an advisory council on hepatitis C to review, to recommend changes to, and solicit 09400039.doc 7  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 funds to implement a hepatitis C prevention plan. And I ask for an ‘aye’ vote.”

“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? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Beiser. You have on page 13 of the Calendar, House Bill 2241. Mr. Clerk, read the Bill.”

“Representative Beiser.”

"Yes, I have a Floor Amendment that I’d like to offer. That being… basically this is the Senior Amber Alert Bill. This is an Amendment offered by the State Police which would codify the differences between a senior amber alert and an amber alert as we know it for the younger kids. So, I ask for your favorable adoption…”

“The Gentleman moves for the adoption of Floor Amendment #2. Is there any discussion? Then all in favor… all in favor of the Amendment say ‘aye’; opposed ‘nay’. 09400039.doc 8  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 The ‘ayes’ have it and the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Bradley, would you like us to read House Bill 480? Mr. Clerk, read the Bill. Representative Delgado, for what reason do you rise?”

“Thank you, Mr. Speaker. For a personal privilege.”

“State your point.”

“Thank you, Mr. Speaker and Members of the House of Representatives. I’d like to introduce to you in the gallery to my… over on the Democratic side of the aisle. We do have a wonderful person here from the Chicago Teachers Union. The President, Marilyn Stewart has joined us, and let’s give her a nice round of applause from the General Assembly. Welcome to your Capitol, Madam President and to all your members who I know are here today.”

“Welcome to Springfield. Mr. Clerk, would you read the Bill, please. House Bill 480.”

“Representative Bradley.” Bradley, J.: “Thank you, Mr. Speaker, Members of the House. This is a Bill that has brought people together because it deals with taking care of children. I had a young child in my district that was diagnosed with eye cancer. And it could have been prevented or treated earlier had there been a screening process in place. A very simple process 09400039.doc 9  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 whereby you determine whether or not someone is a candidate or possibly has some type of tumor in the optical areas of the eye and the brain. And basically, it can be as simple as looking at a photograph of the child to determine whether or not there is what’s determined to be a white or a black shine from the eye as opposed to the red-eye reflex. This Bill as I said, has brought people together. Not only are Representative Osterman and I working together hand in hand on this Bill, but we’ve managed to bring together the Illinois Trial Lawyers and the Illinois Medical Society on language in this Bill as well. So, having said that, and because of the nature of this, to take care of kids. I would ask for an ‘aye’ vote.”

“This Bill is on the Order of Short Debate. Does anyone stand in response? Then Representative Osterman’s recognized to close.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I wanna echo my remarks from my colleague, Representative Bradley. I don’t know that you’ll see many Bradley/Osterman Bills in the future, but the issue of children and safety of children and health of children has brought us together. It’s brought the Pediatrics Association together, the optometrists, the Med Society, Children’s Memorial Hospital and the trial lawyers together. What we wanna do is to try to increase the amount of reporting. We wanna make sure that doctors and pediatricians are keeping an eye out for problems in children with their eyes as in newborns, so that if there 09400039.doc 10  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 are problems they can be dealt with quickly. It will help for their health and well-being and that of their families. Like Representative Bradley, I had a tragic situation where a family came into my office where they had lost their daughter to eye cancer, a young beautiful little girl named Amiden. And she died because of eye cancer. It’s our hope and my hope that in the future, early detection will help prevent those tragedies and like Representative Bradley, I ask for an ‘aye’ vote today.”

“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 vote who wish? Representative Parke, would you like… Okay, Mr. Parke is recorded. Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Froehlich, for what reason do you rise?”

“State your point.”

“Welcome to Springfield. Representative Black, on page 25 of the Calendar is House Bill 1527. Mr. Clerk, would you read the Bill.”

“The Gentleman from Vermilion, Representative Black.”

“This Bill’s on the Order of Short Debate, and in response, Representative Bost is recognized.”

“Any further discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lyons. Representative Tryon, would you like to be recorded? Mr. Clerk, take the record. On this question, there 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 20 of the Calendar is House Bill 3517 for Representative Brady. Could someone give the Chair some direction on whether he wants to move that Bill? 3517. Mr. Clerk, read the Bill.”

“Third Reading. On page 20 of the Calendar, Representative Brosnahan has House Bill 3596. Out of the record. Representative Chavez, on page 9 in the Calendar, you have House Bill 1320. Mr. Clerk, would you read the Bill.”

“The Lady from Cook, Representative Chavez.”

"Good morning. Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment 1 to House Bill 1320 amends the Abuse and Neglected Child Reporting Act. It includes as a penalty for a school teacher, principal, administrator, or members of other schools, personnel who failed to immediately report or cause to report an incident of the sexual abuse of a child by someone responsible for the child’s welfare. I ask your support.”

Speaker Hannig: “The Lady moves for the adoption of Floor Amendment #1, and on that question, Representative Lindner is recognized.”

“She indicates she’ll yield.”

"This is because of the… in fact, that we have in Berwyn with the sexual abuse of the childs at Berwyn community and the school board. They didn’t know… they 09400039.doc 14  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 didn’t say anything at all. They didn’t report. They neglected to report it.”

"Anyone that works at a school that knows about this and don’t report it.”

"Yes.”

"The school personnel is what’s in the law now. We are not changing anything.”

"We don’t changing the definition of the ‘school personnel’. That’s currently in the law right now.”

"We have to check. We don’t know if there’s a fine.”

"We have to check, we don’t know if there’s a fine.”

"But it mentioned school personnel.”

"You know, it’s currently the law. We don’t changing anything.” 09400039.doc 15  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

"It only applies… it only applies if they know about it. And if they… and if they do and they don’t know about it. And if they do know and they don’t report it, it’s very dangerous for the children.”

"Correct.”

"The penalty starts at a A class misdemeanor. But we raise it one class. So it starts at Class IV felony.”

"Yes, but only for sex offenders.”

"For… only if they fail to report a sex offense.”

"I have nobody to contact with me yet on that.”

“That might be the case.”

"No, I… I only want to tell you one thing. I would like to have… we have our childrens and I want them to a schools environmental that are safety and I want just… I want not to punish anybody but I want to be sure they report what they have to report it. And if they are knowing about this they have to get… ya know, and punish them in case the case that they don’t report it or ya know, neglect it.”

"I’m not trying to accuse anybody, but just to get the job done.”

Speaker Hannig: “Representative, your five minutes have expired. Could you bring your remarks to a close? There’s a number of people seeking recognition. Two can speak in response. Representative Parke, do you wish to speak in response?”

“So, she’ll be the only one who speaks in response. We’ll give her five more minutes.”

"That’s a different Bill. We… the Bill that Mr. Molaro has similar to us, we have a meeting with the people from the schools about a week ago and which agrees that Mr. 09400039.doc 17  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Molaro will put his Bill… we are trying to train the people that when they go to the school they don’t have to… they have to train them. Let ‘em know that they have to report… report these offenses and that’s what this Bill is for. Training and reporting a felony, I mean, this case.”

"Molaro’s Bill does not raise the penalties. We intend to raise the penalties for the hiding the sex offense.”

"We don’t believe that it does.”

“We’ll remove it from the Calendar on Short Debate.”

“But we’re on Amendment debate…”

“…rules at this time, so…”

“All right. So, on the Amendment now, all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it and the Amendment is adopted. Any further Amendments?” 09400039.doc 18  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Okay, so, Representative Chavez, you have to have some notes filed before this can moved to Third. And Mr. Clerk, would you note on the Calendar that this has been removed from Short Debate? Representative Monique Davis, on page 14 of the Calendar, you have House Bill 2408. Mr. Clerk, would you read the Bill.”

“Representative Davis.” Davis, M.: "Thank you. This Amendment helps to make this Bill much more amenable to a group of about five districts that will be able to purchase computers with the assistance of the Department of Economic Opportunity and this is their Amendment. I think it was questioned before when I brought the Bill forward that the department wanted to provide an Amendment for this Bill and that is what this Amendment does. It makes the Bill suitable to that agency and I would urge an adoption of this Amendment. Thank you.”

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

“Third Reading. Representative Eddy, on page 24 of the Calendar you have House Bill 402. Is that correct? Mr. Clerk, read the Bill.”

“The Gentleman from Crawford, Representative Eddy.”

“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? Have all voted who wish? Mr. Clerk… Mr. Clerk, take… Representative Black and Younge, do you wish to be recorded? Mr. Clerk, take the record. Representative, do you wish to put this on postponed? Okay, this’ll be on Postponed Consideration. Representative Burke, would you like to have us read House Bill 1445? 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 1445 amends the Fire Sprinkler Contractor Licensing Act to allow professional engineers and fire sprinkler contractors who hold NICET Level 3 or 4 certifications to approve layout drawings for sprinkler systems. NICET stands for the National Institute for Certification in Engineering Technologies and all fire 09400039.doc 21  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 sprinkler contractors must hold this certification if they were licensed after January 3, 2003. Be happy to answer any questions.”

“The Gentleman moves for the passage of House Bill 1445. 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 Brauer, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Fritchey, would you like us to read House Bill 3485? Representative Fritchey. 3485. Okay. Mr. Clerk, let’s take this out of the record at the request of the Sponsor. Representative Graham, you have House Bill 1349. Mr. Clerk, read the Bill.”

“Okay, I… the Chair did not know there was still notes, Representative, so we’ll have to hold that. Did you say they were all filed or not filed, Representative? They’re not filed. Turn on Representative Graham.” 09400039.doc 22  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“They were run. The notes that were filed by me I’d like to withdraw them.”

“Okay, you need to come up… you need to come up…”

“Okay.”

“…and file a slip, then we’ll come back to it. So, we’ll take that out of the record for just a moment. Representative Hoffman, would you like us to read House Bill 1411? 1411. Mr. Clerk, read the Bill.”

“Representative Hoffman.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1411 exempts public utility drivers from federal maximum hours of service regulations if they are responding to a utility service emergency. The federal legislation allows states to create exemptions to these federal regulations during state authorized emergency situations. I know of no opposition. I believe this an agreed Bill and I ask for a favorable Roll Call.”

“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’; oppose ‘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 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby 09400039.doc 23  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 declared passed. Representative Howard, you have pa… on page 16 of the Calendar you have House Bill 2578. Representative Howard, do you wanna move this Bill? Mr. Clerk, read the Bill. Read the Bill.”

“The Lady from Cook, Representative Howard.”

“Yes, thank you, Mr. Speaker. House Amendment #2, it replaces everything and becomes the Bill. It adds requirements that state agencies make arrangements with local health organizations to conduct the HIV/AIDS testing and counseling. And that the testing be the rapid testing authorized under the Aid… Aids Confidentiality Act. This Amendment requires the Research Institute at Chicago State University to conduct a study to determine the correlation between incarceration and HIV infection. It establishes the HIV/AIDS Response Review Panel and the Governor’s Office to review implementation of this Act. It requires the Department of Corrections to provide website educational materials targeted to persons presently or previously incarcerated at the state or county level that includes information concerning testing, counseling, and case management. Including referrals and support services in conjunction with HIV or AIDS. It authorizes rather than requires the Department of Public Aid to seek federal approval to expand access to health care services for 09400039.doc 24  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 persons living with HIV/AIDS. It requires the Department of Corrections and county jails to offer HIV/AIDS testing upon the arrival and release of inmates and to provide counseling and treatment in case of positive results. It requires state and county jails to offer… to provide that is, visitors with appropriate written information provided by the Illinois Department of Public Health concerning HIV/AIDS. Requires the Department of Corrections to ensure that all information and materials be disseminated about HIV/AIDS. This information must be culturally sensitive and reflect cultural diversity. It deletes a provision relating to the distribution of condoms to prisoners. It also deletes a provision that extended medical assistance to convicted felons if they tested positive for HIV. I will await questions.”

“Representative, just for clarification for the Chair, you have Amendments 2 and 3 that are pending. Do you wish to adopt them both?”

“I would like to adopt them both.”

“Okay. So, we…”

“Should I…”

“…just want to be clear. The Lady moves for the adoption of Floor Amendment #2, and on that question, the Gentleman from Cook, Representative Parke.”

“She indicates she’ll yield.”

“That is my understanding. There was some discussion that once the Bill got to the Senate there might be some tweaking, but at this point they were… they felt comfortable in allowing it to be passed out.”

“It’s my understanding based on the notes that it would be less than $100 thousand a year.”

“When they test positive then the appropriate medical attention will be given to them.”

“If… if a person tests positively then the appropriate medical attention will be given to them.”

“I am not certain whether or not that was included in the fiscal note. But I do know that right around now we are probably spending about close to $50 thousand per person for… per year for the drugs. But in the long run, this will help to make sure that the… the virus is not spread further.”

“Was your question something about Medicaid? Would you repeat that?”

“While the… while Medicaid does not cover individuals in institutions, the Department of Corrections has a responsibility to administer to the medical needs of persons who are confined.”

“So, on the Amendment, Representative Parke has spoken in response. Representative Mulligan is recognized. In response or in support? Do you know, Representative?”

“Okay. Proceed.”

“She indicates she’ll yield.”

“Right now, the process is a voluntary one so that everybody who wants to and who has $2 can ask that the test be administered. If it is determined that the person does have AIDS, then the treatment is given to them.”

“That is my understanding that that is done. We were able to get the department to understand that the $2 that 09400039.doc 28  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 is the fee, might be a barrier, so that is no longer going to be the case. That’s being done administratively.”

“Two dollars for each test.”

“That’s correct.”

“I think you said it very well. That is exactly my feeling, that more people because they have information will seek the test and therefore, perhaps there will be more who will… it will be determined, or in fact, inflicted with the disease. But let me just say that it is essential that this be done, that the education and all of the other measures be taken, because we want to be certain that we are safeguarding the health of the other prisoners and also of the guards. And the fact of the matter is that it is possible that we are saving lives, we are making certain that this disease does not… it’s not maximized and we’re making certain that we are paying now so that we won’t have to pay much, much more later. So that, while yes, there is 09400039.doc 29  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 an investment that is to be made, we hope that this investment is going to mean that we have fewer dollars to pay out for this purpose in the future.”

“I was not able to get a specific amount, but I understand that it is… per person, it’s about $50 thousand a year so that… that is substantial. If we can figure out how to address this… this issue in some kind of real meaningful way, I think that more money can be available for other things that we need in our department rather than having to spend it on AIDS victims.”

“Yes. That’s right.”

“To the Amendment.”

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

“Rep… Representative Howard.”

“Amendment #3 makes this whole issue subject to appropriations.”

“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?” 09400039.doc 31  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Okay, Representative, we’ll have to hold this on Second until we get the notes.”

“I am not aware of any additional notes. Which ones are those?”

“There’s been a request apparently just filed. So, you’ll have to… the Clerk can provide you with that. Why don’t you come to the well. Mr. Clerk, let’s return to House Bill 1349 and read the Bill, please. House Bill 1349.”

“Third Reading.” Speaker Lyons, J.: “Representative Lyons in the Chair. Mr. Clerk, on page 22 of the Calendar, Representative Chavez has Bill 3819. Representative Chavez, ready to move the Bill? Mr. Clerk, status?”

“I have an announcement, Mr. Chairman.” Speaker Lyons, J.: “You have an announcement? Proceed Representative.”

“Yes, I’m sure everyone knows by now, April 2005, has been commemorated as Car Care Month by House Resolution 107. In keeping with the spirit of that Resolution and to tie this issue to yesterday’s rain and my concern for the environment, my car care tip for today is about wiper blade inspection. I realize that all of the Legislators here believe we see things clearly but wiper blades that aren’t doing their job are not just annoying but also could be unsafe. Inspect them every 6 months and if they’re working poorly, fix them. And if you’re just cleaning your blades do not use gasoline, kerosene, paint thinner, or other solvents. These tips and other simple inexpensive preventive checks will greatly extend the life of your wiper blades and the safety of you and your vehicle. And 09400039.doc 33  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 also an announcement, Representative Phelps has informed me that Representative Stephen’s car is finished. He has new wiper blades and he can see clearly now. Thank you.” Speaker Lyons, J.: “Thank you, Representative for that very important car care tip for the day. Appreciate it. So, Clerk, on page 26 of the Calendar, Representative Jenisch also has a House Bill 3463. Read the Bill, Mr. Clerk.”

"Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “Indicates he will.”

"Representative Jenisch, I just have one question based on what’s in my analysis. It says that the citation would include a warning stating that failure to pay the fine or contest the violation is an admission of liability that could result in the suspension of driving privileges of the vehicle’s owner. So, if I want to plead not guilty then that’s an admission of liability. Is that right?”

"Is it the failure to contest the violation is an admission of liability? Would…”

"I understand that, but a parking violation and a moving violation are two different things is all.”

“What? I’d be careful with the phrase of ‘admitting your guilt’. I would just say there’d be a judgment entered, is that right in the same way that there would be if you would go to court?”

“Okay. But it’s not… contesting the ticket is not admitting your liability?”

“No.”

“Okay, thank you. I’m sorry, I was confused. Thank you very much.”

“Thank you, Mr. Chairman. Chapin Rose I see is over there. In my first 10 years in the Senate… 10 years, I always against this Bill. Every time they brought it up, I killed it a bunch of times and finally they got to me and I decided to be for it. But two things have to happen and I wanna make sure are in this Bill. ‘Cause the City of Chicago doesn’t like to really understand the parts of law they don’t like. Okay. One part is, in the law, it states they take a picture of your car going through a red light, okay? You get a notice in the mail that says, ‘So and so you owe, you went through here, you owe 90 bucks.’ Okay? It gives you a way to contest it. Go to a hearing, go to some city hall, whatever it may be. The law states that if you walk in there and they can’t see your face and you say, ‘That’s my car but I was not driving’, then you are not liable for the ticket. And you do not have to say who it was. We argued that and the city took it out. Remember that tattletale law? So, if we’d seen the Bill and I see you have staff around you, I assume you didn’t change that. That you go in there and say, ‘it wasn’t me’, you’re gonna be found not liable. Is that correct?”

“Correct, correct. So, I wanna make this point, maybe I didn’t say it clear…”

“We got that. You go to this hearing and they got a picture of your plate. Of course, they don’t have a picture of you. You go in there, that’s my car… you and Representative Froehlich wanna… ya done? Okay. If they have a picture of your license plate, that’s all they have. You walk into the hearing officer and you say, ‘Yes, that’s my car but here’s my per diem, I was in Springfield.’ That you automatically have to… automatically have to be found not liable. Is that true?”

“Does that then…”

“Well, okay, but in the Chicago version, and I’ll try to find that I don’t have it now. Not gonna stop the Bill when it goes. In the Chicago… well, let’s put that in. You got to consider that. Because the problem is, there is no way I should pay 90 bucks if that kid of mine and I tell him a thousand times, don’t go through red lights. There’s no reason that I should be stuck for the $90 or if I give 09400039.doc 39  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 it to my sister or I give it to Representative Bradley and he goes through the red light, I shouldn’t have to pay that. Now, let’s go to… you understand what I’m talking about?”

“Okay. Now let me tell you what Chicago did that really fries me and if Representative Black was here, I’d get him out of his chair. Here’s what they did. They put ‘em at these 50 intersections and they say, ‘Okay, here’s what we’re gonna do. We wanna stop people going through red lights.’ We all know those are the worst accidents. They got me to even sponsor the Bill ‘cause I wanna stop them. Big brother or no big brother, it’s worth havin’ them up there. I don’t want these kids gettin’ hurt. You know what they wound up doing, Representative? They stuck a ‘no turn on red’ up on the pole. Yeah, Frank’s lookin’ at me. That’s true. ‘No turn on red’ on the pole. You know what 90 percent of the tickets are that they photographed? They’re at 2 or 3:00 in the morning, people stop and are makin’ a right-hand turn on the red. Nothing to do with the red light. Just hope that your towns, if they adopt this, don’t do the same thing because that’s sort of disingenuous. Thank you.”

“Thank you, Mr. Speaker. This is House Bill 1656. We discussed this Amendment on the floor yesterday. I… this would give the Supreme Court and the Appellate Courts the ability to do purchasing for telecommunications equipment without going through CMS. The State… State Appellate Court and Supreme Court currently have this power with regard to furniture and equipment. We are simply expanding that power to include telecommunications equipment. And it mirrors comparable to the powers that’s currently enjoyed by the Executive Office and the Illinois General Assembly. Be happy to answer any questions.” Speaker Lyons, J.: “You’ve heard the presentation on the Bill. Is there any discussion from the floor? Seeing none, the question is, ‘Should House Bill 1656 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bellock. Representative Fritchey. Mr. Clerk, take the record. On this Bill, there’s 116 voting ‘yes’, 0 noes’, 0 ‘presents’. This Bill, having received the Constitutional 09400039.doc 46  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Majority, is hereby declared passed. Mr. Clerk, on page 26 of the Calendar, Representative Schock has House Bill 2418. Read the Bill, Mr. Clerk.”

“Thank you, Speaker. Let me just look for the Amendment, thank you. House Bill 3471 has an Amendment that makes many changes in the statutes regarding day and temporary labor. The Amendment was an agreement that was worked out between the large staffing group and the proponents. IMA was involved and is currently neutral. The Bill provides legislation findings, notification to employees, recordkeeping, wage, food, and transportation provisions. Company registration and penalties in specific. This Bill requires a number of things and I urge your support.” Speaker Lyons, J.: “This is on Floor Amendment #2. Any discussion? The Chair recognizes the Gentleman from Cook, Representative Parke.”

“Yes, that was the language that was replaced and it was replaced for the reason…”

“Yes.”

“Thank you.”

“I’m get… waiting for the file. Thank you, Speaker, and Members of the House. Amendment #1 amends the Civil Administration Code of Illinois, makes a technical change 09400039.doc 50  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 in the Section creating civil administrative agencies. Thank you.” Speaker Lyons, J.: “You heard the explanation of Floor Amendment #1 to House Bill 2260. Is there any discussion? Seeing none, the question is, ‘Should Floor Amendment #1 be adopted?’ All those in favor signify by saying ‘yes’; those opposed vote… say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. Floor Amendment #1 is adopted. Mr. Clerk, any further Amendments?”

“I’m sorry, I had the wrong file, Representative. I had 2250.”

“Thank you. Sorry.”

“Sorry.” Speaker Lyons, J.: “Representative Soto, go ahead and explain Floor Amendment #1…”

“We’re gonna take it out of the record.” Speaker Lyons, J.: “…and the parliamentarian…”

“Take it out of the record, please.” Speaker Lyons, J.: “The Amendment has been adopted by voice vote. We’ll take it out of the record. Thank you, Representative.”

“For a few minutes. Thank you. Thank you.” Speaker Lyons, J.: “Mr. Clerk, on page 17 of the Calendar, Representative Tryon has House Bill 2853. Read the Bill, Mr. Clerk.”

“Thank you, Speaker. House Bill 2250 is an agreed Bill with the Illinois Emergency Management group, the State Fire Marshal and many of the local responders for the HAZMAT criteria we’re setting up under Homeland Security. I know of no opposition to the Bill and it allows counties as permissive to set these groups up. Be glad to take any questions.” Speaker Lyons, J.: “There any questions on House Bill 2250? Seeing none, the question is, ‘Should House Bill 2250 pass?’ All those in favor signify by voting ‘aye’, those opposed vote ‘no’. The voting is open. Have all voted wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this, 116 Members voted ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 26 of the Calendar, Representative Sullivan has House Bill 3498. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 561 amends the Regulatory Sunset Act to repeal the Illinois Roofers Industry Licensing Act. Happy to answer any questions on this measure.” Speaker Lyons, J.: “Heard the presentation on House Bill 561. Is there any discussion? House Bill 561. Seeing none, the question is, ‘Should House Bill 561 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 61 voting ‘yes’, 55 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 10 of the Calendar, Representative Annazette Collins has House Bill 1397. Read the Bill, Mr. Clerk.” 09400039.doc 58  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Thank you, Mr. Speaker. I would like… are we adopting Amendment #2? Speaker Lyons, J.: “Correct.”

“Amendment #2, all it does is… it changes the way that the department… the department and I have an agreement that now what they do is when the children come in, now they do an assessment of the children. So now what we’re going to do is an assessment of the older kids to make sure that the Department of Children and Family Services, that the probation department, the school department, all the departments involved in those kids lives are working together sitting at the table so that they can come up with a plan for those kids.” Speaker Lyons, J.: “You’ve heard explanation on Floor Amendment #2 by Representative Collins, the House Bill 1397. Is there any discussion? Seeing none, the question is, ‘Should Floor Amendment #2 be adopted to House Bill 1397?’ All those in favor signify by saying ‘yes’; those opposed vote ‘no’. In the opinion of the Chair, the ‘ayes’ have it. Floor Amendment #2 is adopted. Mr. Clerk, any further Amendments?”

“Speaker, I request to table Floor Amendment 2 and Floor Amendment 3 and proceed with Floor Amendment 4.” Speaker Lyons, J.: “The Motion is to withdraw… withdraw or table? Withdraw?”

“Doesn’t matter.” Speaker Lyons, J.: “Withdraw Floor Amendment #2.”

“And three as well, please.” Speaker Lyons, J.: “And Amendment 3. Mr. Clerk, withdraw Floor Amendment #2.”

“Yes, Sir.” Speaker Lyons, J.: “Withdraw Floor Amendment #3, Mr. Clerk.”

“Thank you, Speaker. Floor Amendment 4 will become the Bill which we can debate at the appropriate time. I simply request an ‘aye’ vote on the Amendment.” Speaker Lyons, J.: “Motion to adopt Floor Amendment #4 from Representative Fritchey. The Chair recognizes Representative Hultgren.”

“I concur with the speaker’s comments and we can debate the merits of the Bill at the appropriate time. Thank you.” Speaker Lyons, J.: “The question is, ‘Should Floor Amendment #4 be adopted?’ All those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #4 is adopted. Any further Amendments, Mr. Clerk?”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 2047 would create the Bed Coverings Posting Act requiring hotels, motels, and inns to create or let know the consumer how often they change their bed coverings, including linens and things. I’d be happy to answer any questions.” Speaker Lyons, J.: “Any discussion on House Bill 2047? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

“Thank you.”

“This would include the sheets and the bedspread.”

“Nope.”

“Well, I don’t know if you’re in good shape.”

“That’s correct.”

“Hopefully, to the Department of Public Health but, Representative, let me address two of your concerns that you mentioned. First of all, we are not telling the industry to change the sheets or change the bed coverings on a certain time. We’re not giving them a schedule. What we are asking is to let people access the information of when it was last changed. So we are not mandating that their blankets or comforters be changed every day or monthly or every yearly, we’re just asking those folks to let the consumers, the people that are staying at their hotels, to find out when is the last time those things were 09400039.doc 69  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 cleaned. Secondly, as far as where the money goes and the schedule and I know that also the Gentleman from Cook, Representative Parke, addressed these concerns in committee what I have… and I have been working with the hotel industry on this Bill to possibly put an Amendment… definitely put an Amendment on in the Senate that would address the posting requirement, not necessarily the scheduling as Representative Tryon has suggested that we should have standard of care in the state… what the standard of care policy is for each individual hotel in the room, not necessarily on the door, not necessarily on bed, maybe right next to that to the green policy that they have. I don’t think it’s not going to be too much to ask of them and this Bill will definitely come back to the House again.”

“That… that…”

“Nah. I would imagine…”

“No, it doesn’t say it couldn’t. It could go to you.”

“I think we have to fix that. Thank you.”

“You can file that Amendment if you want.” 09400039.doc 70  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Right.”

“Right.”

“Right, so that’s… and that’s why we have to, which I… which I stated in committee, and I’m sure your staff has reports from that committee. And I’m sure that some of the people on your side are well aware that we would not have the schedule put in there on this Amendment that we have to put on this Bill to address that, but we would certainly have the policy being stated that after every stay that maybe… and maybe their policy is after every stay the sheets are changed. Maybe after every 2 months or every 3 months, as the industry leaders in committee indicated, that they would think that the average standard of care policy is a monthly changing of that comforter. So, if in fact, we could, ya know, if there was time to put another Amendment on it right here, right now, today or in the next two days, I would certainly be willing to do that.” 09400039.doc 71  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Consumer complaints.”

“Rep… consumer complaints. User complaints. User of hotel complaints.”

“Yes.” 09400039.doc 75  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

"Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: "He indicates he will.”

"I didn’t hear the answer and I guess because there was a lot of talking going on. But I was wondering and I think they did ask the question, but I didn’t hear your answer. Where does the $50 go?”

“Representative, the intention of the $50 is to go to the Department of Public Health.”

"It goes to who?”

“The Department of Public Health.”

"For what?” 09400039.doc 76  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“But… but we have to fix that in the Bill. As I stated before, this Bill has to be amended.”

"So, you gonna hold it over here?”

“No, I think we have a deadline coming up, I was trying to move it over and amend it in the Senate, Representative.”

"One other question. Who assesses the $50, the hotel? Who… I mean, who makes sure that the $50 is paid?”

“Well, based… based on complaints they would be filed with the local state’s attorney’s office.”

"And I got one more question. Who asked you to do this Bill?”

“A constituent.”

"A constituent of yours?”

“Yes, Ma’am.”

"That lived in a dirty hotel?”

“No, they stayed at a dirty hotel, Representative. Representative, the intent… the intention of the Bill… see, we’re not asking them… we’re not asking the hotel industry to go, ya know… everyone’s talking about the hotel industry. I’m not trying to harm the hotel industry here. We’re just asking the hotel industry to state what their policy is on how often they clean their sheets or clean their things, their bed coverings. I don’t… I don’t think that’s overburdensome.”

“Okay.” 09400039.doc 77  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“And if… and if you believe that it is, if you wanna… if you want me to fix this up and pull it out and get a different Amendment on there, I can do that.”

"In… in your Bill…”

“But I don’t wanna pull it out if… if… if we’re going to come back and vote against this no matter what, when I stated what my intentions are.”

"I… I just hate to see, ya know, it’s okay if you let a Bill out of committee over here and to work on it on the House Floor, but I hate to see a Bill go out of here over into another House with some things that should be taken care of over here. That is… that’s… that is my main concern.”

“Okay.”

"The other… the other thing is that I’m not sure that they would take care of it in the other House. And I would like to know the biggest thing is, where the $50 is going and what it’s gonna be used for? Thank you.” Speaker Lyons, J.: "The Chair recognizes Representative Joyce to close. Mr. Clerk, on request of the Sponsor take the Bill out of the record. Mr. Clerk, on page 15 of the Calendar, Representative Mathias has House Bill 2461. Read the Bill, Mr. Clerk.”

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1349 provides that a dealer may not sell, offer for sell, rent, or transfer in the state a handgun unless the hand…” Speaker Lyons, J.: "Representative…”

"Yes.” Speaker Lyons, J.: "Hold on for one second. The Clerk needs to read the Bill.”

"Thank you again, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1349 provides that a dealer may not sell, offer for sell, rent, or transfer in the state, a handgun unless it… unless the handgun is sold or offered for sell, rented, or transferred with external safety locks. The Bill as it stands now has a gun roster review board and a Class IV felony attached to it. The NIA… NRA and myself have worked out an arrangement, a deal. The Bill is going to be amended in the Senate to remove the roster board and make the felony equal to what are the existing penalties are. So, now we have an agreement that the Bill will be amended in the Senate and will come back to the House. I’ll take any questions.” 09400039.doc 80  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Speaker Lyons, J.: "You heard the Lady’s explanation on House Bill 1349. The Chair recognizes the Gentleman from Randolph, Representative Dan Reitz.”

“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: "She indicates she will.”

“Why don’t I just… I guess following up on your comments. You’re… you’re going to ask, is it Senator Harmon? Is that correct?”

"Yes.”

“To pick up… amend the Bill and we met yesterday with opponents, with the NRA and…”

"Yes.”

“…opponents of this Bill. The two Amendments will review… remove the review board and reduce the penalty, make the penalty consistent primary user. Is that correct?”

"Yes. That’s correct.”

“Thank you, and I appreciate you working with the opponents of this Bill and plan on supporting it. Thank you.”

"Thank you.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

"Thank you for asking, Representative Black. That was removed in the first Amen… the first Amendment to this… to this Bill. Removed the integrated lock system because the technology currently has not been approved or it’s not fully existing. They’re still working on it. So we remov… we removed that in the first Amendment.”

"Yes, yes, you’re right. You’re right, yes. So… yes, Floor Amendment… Committee Amendment #1 redefines how the board was set up. Yes, you’re right. In the sec…”

"Yes.”

"Yes.”

"Thank you for asking, Representative Black. This only applies to the dealer.”

"State you question one more time.”

"If… if… Representative Black, if I’m understanding you correctly, let me ask you a question…”

"…and maybe we’ll clarify where we’re trying to go. Would a person selling a gun at a gun show, would he be considered a dealer?”

"Is he licensed…”

"… to sell? I would believe if he’s licensed to sell a gun, I believe he would… he would need to… but I’m not 100 percent sure.”

"But I think that if he’s licensed at the federal level to sell guns, he would be required to sell his gun with an external lock on it, yes.”

"Well, you know what, when you put it that way if that’s not there… if selling a gun is not their life… their…”

"Their primary occupation…”

"Then… they… then that’s somewhat of a gray area, I would think.”

"But I don’t think they would necessarily include them but if they’re licensed to sell guns 24 hours you know, whatever…”

"…or occupation…”

"…it would include them.” 09400039.doc 84  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

"Thank you.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Froehlich.”

"Yes. They’re going to be preparing their Amendment themselves, removing the roster board, and minimizing… lowering the penalties to equal another standard that they gave to me.”

"Yes.”

"Yes, they’re no longer saying vote ‘no’. They’re not opposed to the Bill anymore. They’re going to take care of the Amendment. They’re okay, they’re neutral at this point.”

"Thank you.” Speaker Lyons, J.: "The Gentleman from Cook, Representative Harry Osterman.”

“Just to kind of follow up on Representative Froehlich. Representative Reitz mentioned earlier asked 09400039.doc 85  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 you some questions, but the NRA has pulled their… pulled their opposition and they’re working with you with you?”

"Yes, they are.”

“Okay, thank you.” Speaker Lyons, J.: "Representative Graham to close. Representative… on moment, Representative Reitz, what purpose do you rise?”

“Thank you, Mr. Speaker. My name was used in debate and I’d just like to clarify for everyone. We met with the NRA and with the Amendments they are in the process of drafting the Amendments. Will be adopted in the Senate and they are no longer opposed to this Bill then. Thank you.” Speaker Lyons, J.: "Thank you, Representative. Representative Graham to close.”

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a very important piece of legislation for me. There were a number… at least two incidents that happened in my district where a young boy got a hold of his father’s gun and killed himself and another incident where a kid killed his friend. So this is a very important piece of legislation and I urge and ask for the entire Body’s support. Thank you.” Speaker Lyons, J.: "The question is, ‘Should House Bill 1349 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting in open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Parke. Beaubien. Representative Colvin. Mr. Clerk, take the record. On 09400039.doc 86  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 this Bill, there are 83 Members… 84 Members voting ‘yes’, 32 Members voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dunkin, for what reason do you rise? Representative Dunkin’s switch is on. Okay. By accident. Mr. Clerk, on page 24 of the Calendar, Representative Hassert has House Bill 930. Read the Bill, Mr. Clerk.”

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4030 amends the Sex Offender Registration Act to require more extensive reporting requirements for persons convicted of certain sex offenses. Today, when a sex offender is released from custody, they’re required to sign a notification form stating that they will register with local law enforcement and abide by their conditions. Under House Bill 4030, we’re gonna add the employer’s contact information to this form, saving valuable time when verification is conducted. The legislation will also highlight any extensions in the offender’s registration period and it will include the reasons for any extension. Some of the reasons would be… pick… the offender picking up a new offense or violating a previous registration requirement. The registration form’s also gonna be changed to require a statement from the child sex offender that they will lot… they will not live in areas excluded by the original Registration Act which would be including locations within 500 feet of a school, park, or a day care facility. House Bill 4030 also provides that a sex offender who changes his or her address, place of 09400039.doc 88  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 employment, or school that they attend must report in person rather than by mail to the local law enforcement agency where they are registered. And lastly, under the current law, offenders who commit acts as juveniles do not appear on the state’s list and the state’s website for registered sex offenders. Under this legislation when a sex offender who is adjudicated on a sex offense as a juvenile, when he turns 17 years old this person must now register within ten days of turning age 17 so he will be included on the website to let people in the community know that this person was convicted of a prior sex offense. I know of no opposition to this legislation and I’d be happy to answer any questions.” Speaker Lyons, J.: "Ladies and Gentlemen, we’ve heard explanation of House Bill 4030. Is there any discussion from the floor? Seeing none, the question is, ‘Should House Bill 4030 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Jakobsson, wanna be recorded? Mr. Clerk, take the record. On this Bill, there are 116 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 23 of the Calendar, Representative Churchill has House Bill 220. Mr. Clerk, read the Bill.”

“Thank you. Will the Sponsor yield?” Speaker Lyons, J.: "Indicates he will.”

“Representative Churchill, what’s the reason we’re doing this?”

“How would you envision them doing that?”

“As of now, the State Police is in opposition of the Bill. And I think they’re in opposition because they feel, I think, that the federal license dealers know what those guns are, should know what those guns are at the present time. They’re in opposition based on the ability for them to try to do that. What this Bill would require with them 09400039.doc 91  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 to probably test the firearms in the State of Illinois. Would that be your assessment?”

“Okay.”

“I’m just telling you what they’re saying is that they’re gonna have to test every firearm in the State of Illinois, which is gonna be a huge fiscal impact. A couple of weeks back we were complaining and trying to pass legislation to move forward the ability of law enfore… legal people that are able to buy a firearm to get a FOID card quickly. And it’s gonna put a big burden on that, but there’s other parts of your Bill that I think the Body needs to really be clear about and that is the issue of ‘abatement’. Currently, in the State of Illinois, municipalities can abate buildings if someone is in the building selling firearms to a drug offender, selling firearms to kids. What you are enacting in your legislation is the ability that not only can they have to do that, but for a municipality to abate a property they also have to be in violation of selling firearms that are not on the list. Is that correct?”

“Well, let me… let me clarify that though. If someone is convicted today of selling firearms to a child and a municipality then wants to abate the property, it’s my understanding that under your Bill they would not be able to do that they would still have to be in violation of the other part of the Bill which you’re putting in, dealing with the junk guns.”

“Well, you wanna explain that to me? I don’t get that, because if the local municipality… someone’s convicted of selling guns to a kid or convicted of selling guns to a drug dealer or convicted of selling guns to a child and a drug dealer, a local municipality could not abate that building unless they also were selling junk guns.”

“You gotta give me a def… you got to explain that one to me because I mean there are a lot of Bills that I think we can differ on, but I don’t really get why we would allow a building owner that is convicted of selling guns to a kid, convicted of selling guns to a drug dealer that we could not abate the building, unless they also happened to be selling junk guns or Saturday Night Specials.” 09400039.doc 94  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Right, but my… my point is…”

“…that if someone…”

“…if someone’s convicted of those other violations, selling to a child, selling to a drug dealer, to me that should be enough for a local municipality to go after a building as a bad building. And to throw in that additional caveat, that unless they’re also selling Saturday Night Specials, I don’t really understand why we would wanna do that.”

“If you wanna do a Bill that would basically say, ya know, they should additionally be able to go after abating buildings for selling Saturday Night Specials, I doubt you’re gonna get any argument from Members of this Body. But to tie the hands of local government when in those situations where they’re selling… convicted of selling guns to criminals and children, I don’t know that we wanna take that off the books. I mean, to me, this looks like we’re trying to help those people that are allowing that to happen in the… in buildings.”

“I’m looking at your Bill on page 7. Okay. And let me just read this.”

“’Code may be abated as a public nuisance only if person using the building for the commission of offense can be convicted of a violation under Section 24-3.’ Which is those Sections that I talked about earlier and a couple more, and the building was used in the commission of violation of paragraph (h), which is a new Section you’ve added of (a)… 24-3. So, to me that says that the only way you can abate a building is if you commit those other crimes additionally, they’re selling Saturday Night Specials under the new Section you’re adding. And maybe that wasn’t your intention of the Bill and maybe you wanna amend it and pull it out of the record. But as I read it, that’s what is says. And I don’t know that we should be trying to do that.”

“But I’m…” Speaker Lyons, J.: "Mr. Osterman, your time is coming up, if you could conclude your remarks.”

“I’ll conclude my remarks.” Speaker Lyons, J.: "Thank you.”

“Representative Churchill, I think that if the intention is to add abatement for buildings that are selling Saturday Night Specials, you’re not gonna get any argument. But to take off the books the ability for municipalities to abate properties where they’re selling guns to kids and drug dealers, I think is absolutely the wrong direction and I think you should look at the Bill before you try to move it forward. I’m gonna be voting ‘no’.”

“Thank you, Speaker and Ladies and Gentlemen of the General Assembly. 1404 adds teen dating and violence to the Critical Health Problems and Comprehensive Health Education Program. This will require instruction on teen dating and violence in grades 8 thru 12.” Speaker Lyons, J.: "You heard the explanation of House Bill 1404. Is there any questions from the floor? Any discussion? Seeing none, the question is, ‘Should House Bill 1404 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunn. Representative Mitchell, Jerry Mitchell. Representative Brauer. Representative Brauer, wanna be recorded? Mr. Clerk, take the record. On this question, there are 100 voting ‘yes’, 17 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 14 of the Calendar, Representative Flowers has House Bill 2451. Read the Bill, Mr. Clerk. Out of the record. Representative. Representative Flowers is not on the floor at this time. Mr. Clerk, on page 26 of the Calendar, Representative Molaro has House Bill… Representative Molaro on the floor? I don’t see Representative Molaro. Mr. Clerk, on page 15 of the Calendar, Representative Granberg has House Bill 2526. Read the Bill, Mr. Clerk. Out of the record. Brady. Mr. Clerk, on page 20 of the Calendar, Representative Brady has House Bill 3475. Read the Bill, Mr. Clerk.” 09400039.doc 101  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Thank you. This is an initiative about meningitis and the problems that we’re having. It used to be only for like college aged kids but now it’s a national concern and the DPH is currently required to develop educational materials for Illinois citizens. And there’s a list of ‘em and this would just add ‘meningitis’ to the list.” Speaker Lyons, J.: "Is there any discussion on House Bill 3478? Seeing none, the question is, ‘Should House Bill 3478 pass?’ Those in favor vote ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 117 Members voting 09400039.doc 102  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 25 of the Calendar… is Representative Chapin Rose in the… on the floor? Representative Rose. Mr. Clerk, on page 14 of the Calendar, on Second Reading, Representative Molaro has House Bill 2369. Read the Bill, Mr. Clerk.”

“Yes, this Amendment was heard in committee yesterday and we worked on this with the Principal Association, IEA, School Alliances, to mold language that everybody can agree to and all it does now is that on the mandatory reporters, if you see that there’s some child abuse going on or neglect, all it is, is that if you are one of these reporters, when you get hired to be a teacher or doctor, school principal or that kind of thing, all you’re now gonna do is sign a form saying that you read the law, you understand what a reporter is supposed to do. And this way it alerts all the teachers and principals and school administrators that they have, in fact, a duty to report. It’s just a learning technique. It has nothing to do with penalties. It says up there ‘penalty’ but that’s… all of that’s been removed. And all it is now is a learning 09400039.doc 103  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 device for principals and school administrators. The Principals Association and the School Alliances, this is their language. They created it, they threw mine out because I didn’t wanna fight ‘em. They were right, I was wrong, and this is their language.” Speaker Lyons, J.: "Thank you Gentleman. You’ve heard the explanation on the House Floor for Amendment #1 to House Bill 2369. Is there any discussion? Seeing none, the questions in, ‘Should Floor Amendment #1 be adopted?’ All those in favor signify by saying ‘aye’; those opposed vote ‘no’. In the opinion of the Chair, the ‘ayes’ have it. Floor Amendment #1 is adopted. Mr. Clerk, anything further on House Bill 2369?”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Amendment #1 is the result of discussion between the Attorney General’s Office and the Illinois Retail Merchant Association. Amendment would provide that 09400039.doc 104  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 upon request made in person or by telephone, a pharmacist must disclose the current retail price of any brand or generic prescription drug or medical device. And I’ll be more than happy to answer any questions you may have in regards to Amendment #1 to House Bill 2451.” Speaker Lyons, J.: "You heard the Lady’s explanation. Is there any discussion on Floor Amendment #1 to House Bill 2451? Seeing none, the question is, ‘Should Floor Amendment #1 be adopted to House Bill 2451?’ All those in favor signify by saying ‘yes’; those opposed ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #1 is adopted. Mr. Clerk, any further Amendments?”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 252 is dealing with… provides for the public release of information regarding physicians. And I’ll be more than happy to answer any questions you have in regards to House Bill 252.” Speaker Lyons, J.: "House Bill 252, is there any questions? Is there any discussion on House Bill 252? The Chair 09400039.doc 105  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 recognizes the Gentleman from Cook, Representative Terry Parke.”

“As far as I’m concerned, Representative, the Hospital Association and the Med Society, they still may be in opposition to the Bill. But the fact of the matter is, this is needed legislation and what we’re asking for is information about health professionals to be on the Internet. We should have the right to know what type of person that we’re going to in regards to our health, and as a result, the only way we can find out is by either going to a hundred and two counties or either have the Department of Professional Regulations to put it on the Internet, and this is a good piece of legislation and I hope that you can support it.”

“Yes.”

“I’m sorry, Representative, what did you say?”

“Well…”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I respect the Gentleman’s remarks, but as he stated it was not pertaining to this particular Bill, nor this legislation. What House Bill 252 would do, would give us profiles of the doctors whom we’re seeing. A lot of us, we’ve read in the newspaper recently about various backgrounds about doctors and how they were… how their license was suspended in other states and they’re here in this state or either they may have had problems in one county and now they’re in another county. So, what we’re asking the Department of Professional Regulations to do something similar to what they’re doing now. What they’re doing now, they have a… the Department of Professional Regulations have a website where you could go and look up the doctor, but it’s not a friendly website, number one. And number two, that the website that the AMA refer us to when they sent you out the letter dating in their opposition to the profiling, they also sent you a physician profile from the AMA. And I want you to know if you read 09400039.doc 109  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 the top of that particular profile, it says, ‘Information contained in the AMA Physician Select Report does not meet the primary source equivalency requirement set forth by the JCAR.’ So the information that is disseminated by the AMA does not meet JCAR’s criteria. Our health care is too important to allow people whose license have been suspended or who have criminal backgrounds for them to continue to practice without our knowledge. And the only thing this Bill is asking the Department to do, is again, something similar to what they are doing now. And as far as the cost factor’s concerned it would only cost 1 million not 6. Because they could do… add on to what they have already. And I’ll be more than happy to answer any questions you have and I would appreciate an ‘aye’ in regards to House Bill 252.” Speaker Lyons, J.: "The question is, ‘Should House Bill 252 pass?’ All those in favor vote ‘yes’; all those opposed vote ‘no’. 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 Bill, there are 30 people voting ‘yes’, 84 voting in opposition, 3 voting ‘present’. This Bill, having failed to receive the Constitutional Majority, is hereby declared lost. Mr. Clerk, on page 25 of the Calendar, Representative Chapin Rose has House Bill 1094. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker. I just saw Representative Parke return, but he’s on the phone. I thought maybe be had laryngitis or something, so I’ll take Representative Parke’s place. How much is this gonna cost us in a time when the State of Illinois can’t pay their Bills and blah, blah, blah?”

“Four million what?”

“How much?”

“Wait… wait I can’t hear…”

“Did you say $4 million this is gonna cost us?”

“Is that what you said?”

“Oh, my God.”

“How…”

“I don’t answer questions, Sir, you are the Sponsor. I ask you questions, that’s the way this works in the Illinois House. I don’t have to answer any… I refuse to yield. Now, Sir, over 10 years… over 10 years, how much is this gonna cost us?”

“95 what?”

“I didn’t hear…”

“So, in this day and age I support what the Gentleman’s trying to do, but I think it’s… Ladies and Gentlemen, this is very difficult, the money it’s gonna cost us when we’re 09400039.doc 115  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 trying to get so many things to pass that the Gentleman… nah, I’m for the Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative George Scully.”

“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: "He indicates he will.”

“Representative, are you a teacher?”

“I thought you were a professor at Eastern Illinois University.”

“All right, so you are a teacher?”

“So, you are a teacher?”

“Yeah, so you were mistaken when… a few minutes… a minute ago when you said you weren’t a teacher.”

“Okay. So, how would this Bill apply to you as an adjunct professor?

“Thank you, Mr. Representative.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Delgado.”

“Yes, thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: "Indicates he will.”

“Once again, Representative Rose, we discussed this in committee and I’m extremely concerned about the price tag on here. Once again, how many… home many pri… how many inmates would come into the systems over the 10 years? Do you have those numbers?”

“So, 310 plus 16, is that correct?”

“Over 10 years. And what is the fiscal impact on this Bill?”

“Where you’d get those numbers from, Representative Rose?”

“Um hmm.”

“Representative Rose…”

“Representative Rose, if I… To the… to the Bill, Mr. Speaker. Representative Rose, I completely understand your piece of legislation, that’s not the issue. That Bill will probably fly out of here because it’s what it is. We all wanna protect against sex abuse and being a former parole and probation officer you know I have the same interests as you do. However, it’s disingenuous to continue to talk about price tags when we have a 95 million and to you it’s oblivious. It’s oblivious. Yet, we have no money to pay for this, but we bring up we just want to create a policy council for nutrition on… for children which costs a hundred grand and the Department of Human Services goes under attack like they’re the worst thing, ya know, since it’s cancer. But all of a sudden, we have the other side of the aisle who’s been playing defense on the budget, but now Mr. Speaker, we have a $95 million Bill going over the next 10 years and I cannot sit here and as fair as I am a chairman to try to be able to bring up a consensus to this state and not go along with having this going back and forth. To you, you think it’s like 95 million is nothing. Why don’t we put it into prevention? Why don’t we bring it into the schools? Why don’t we work with these teachers? Why don’t we create a better… a better teacher? A better student? Preventives in the community. Why put it in 09400039.doc 118  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Corrections once again? We have prisons that are empty right now. You’re gonna go ahead and create a $95 million budget hole right now that we cannot afford and I’m surprised at the other side of the aisle. On the Leadership, they’re saying that this Bill is okay. At this stage in time I find that all… all of the cooperation we have had between committees and as colleagues is going down the drain because it doesn’t see to faze that this is a $95 million hole and I need to let everyone know that for legislative intent, we need a bipartisan cooperation to be able to find a way to say, we cannot continue to enhance penalties and drive these costs up to a point that the taxpayers are going to foot it. So, Mr. Rose, I’m very concerned about your thinking on this. We can get… there’s laws on the books now that would still incarcerate a teacher, any sex abuser, and put ‘em in prison. I know that for a fact and you know that as a former prosecutor. So, I would ask that you consider this carefully, but of course, we’re in a Catch-22 because we’re gonna have to vote it out ‘cause folks are gonna be worried about their campaign, the next campaign to come around. Well we… this is a time to lead. The time to lead is to be careful how we spend this money. Spend what money? It doesn’t exist. So, I believe that when this Bill gets to the Governor’s desk it will be vetoed and reshaped so that we can truly protect children and make sure that teachers are the kind of quality that we want in that classrooms without having such an exorbitant amount of money, especially coming from 09400039.doc 119  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 the other side who is watching every penny in the cash registrar. So, I’d like to hear it come from their own colleagues, as they blast us every day on our fiscal notes.” Speaker Lyons, J.: "Chair recognizes the Gentleman from Cook, Representative Terry Parke.”

“Point of personal privilege, please.” Speaker Lyons, J.: "Proceed, Representative.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I’d just like for you all to help me welcome three constituents from Johnson County, 118th District, Bret Neighbors, Mark Shumake and Les Ingle up in the balcony.” 09400039.doc 126  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Speaker Lyons, J.: "Welcome to Springfield. Mr. Clerk, on page 26 of the Calendar, Representative Fritchey has House Bill 3485. Read the Bill, Mr. Clerk.”

“Thank you, Speaker, Members of the Body. House Bill 3485 is really a simple Bill and what it does… and that is, in Cook County and Cook County only, it would require hotel room attendants to be given in addition to a one 30-minute meal period, two 15-minute paid rest breaks when they work at least a seven-hour day. Ladies and Gentlemen, these hotel room attendants. These are the predominately women, predominately minorities, females, who take care of the rooms in the hotels that many of us stay in, in the hotels that visitors and working people in Chicago stay in and throughout… throughout our state. As competition is increasing in the hotel industry we’ve seen a lot of amenities come into these hotel rooms. We’ve seen they have nicer bedding, more amenities and there’s more work for these women to do. All we’re simply saying is, let these women have the privilege of a 30-minute meal period and two 15-minute breaks. Many people who have talked to me and have talked to many of you in opposition to this legislation and they said that this is simply an attempt to circumvent collective bargaining on this issue. Ladies and Gentlemen, the majority of hotels in Cook County are not 09400039.doc 127  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 union hotels. They don’t have collective bargaining rights, they don’t have those privileges. They don’t have any redress other than the men and women in this General Assembly. They are coming to us to say, ‘Let us have two 15-minute breaks, let us have a room that we can sit down and rest our feet in the middle of a work day.’ Let us have clean drinking water so we can have some refreshment during our work day. That’s what this Bill does and I request an ‘aye’ vote.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from DuPage, Representative Millner.”

“That is correct. The Bill as originally filed, would have applied statewide. And it was not my intention to unduly burden small little hotels, downstate hotels. And the impetus of this came from Chicago and Cook County and in response to concerns raised by you and other Legislators, we filed an Amendment which was adopted on the Bill yesterday that limits it to solely hotels within Cook County.”

“If there were an agreement that were to be reached, this wouldn’t preclude this. And in a matter of fact, the Bill applies to a situation where the employee works at least 7 hours in that day. So, if the employee were going to work less than that, then they wouldn’t be covered by this in any event. It’s a very good point that you raised and I’m glad you did. Thank you.”

“That… that is exactly right and what’s ironic is, a number of these hotels said, ‘We already give these women a 30-minute lunch and a 15-minute break.’ So, really at that point they’re telling me that they are objecting to giving an additional 15-minute break. You know, people characterize this as a union Bill, a labor Bill, it’s a human decency Bill.”

“These women work hard, on their feet, all day. We’re saying give them two 15-minute breaks and give them a 30-minute meal period in which to just catch their breath, take a bathroom break, whatever the case may be.”

“And… and let me put the cards on the table. There is a collective bargaining agreement in place right now for union hotels in Cook County. Again, two points are relevant, though. One, the majority of hotels in Cook County are not union hotels. And two, that’ll agreement will come up for negotiation again in August of 2006. So, some may say, ‘Why not wait until then to take this issue up?’ And I would submit that these women are struggling now. They shouldn’t have to struggle for another 18 months. And again, there are more people in more hotels that don’t have a collective bargaining agreement coming up. They have no other relief than the relief they are seeking from us here today.”

“Should there be a new collective bargaining agreement, that would be done in accordance with whatever state law is in effect at the time.”

“It was sincerely not my intention to unduly burden other areas and so I heard your calls and I’ve said that I wanted to work on this and we’ve worked on this and I think 09400039.doc 130  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 we’ve got a situation that’s hopefully amendable to everybody.”

“Thank you.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Lang.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. I rise in support of the Gentleman’s Bill. Some will say that this is part of a collective bargaining process, some will say they’re in negotiations, some will say all kinds of things. But this is basic human dignity on the job site and I don’t know why anyone would wanna vote against that. I understand that there are some lobbying groups here, some interest groups here in town. Some of them are my friends, some of them are your friends, but I just think they’re simply a little strong on this issue, those that are opposed to this Bill. This is about simple rights for workers that most of us think are normal and adequate. Some of us that have had businesses or have had employees, give our employees breaks. All the Representative is asking for here is that we treat these people with respect, the respect that they deserve as workers that help our hospitality industry. And so, I would ask for your support on the Gentleman’s Bill.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Vermilion, Representative Black.”

“Thank you, Mr. Speaker. I’m just trying to get some clarification. Is he pulling it out of the record now until we get some clarification or what?” Speaker Lyons, J.: "No, the parliamentarian and chief of staff are looking into Mr. Black’s inquiries on the procedure and how the Bill got here. So until then, I’ve been advised to just keep the debate going on the Bill.”

“Okay. Can I wait until I hear the run… run… ruling?” Speaker Lyons, J.: "No, we’ll proceed with debate. There’s you and several other people that wanna speak to the issue. We will continue debate.” 09400039.doc 133  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Is it… what’s the issue with the being able to wait for the rulings from the parliamentarian?” Speaker Lyons, J.: "We have people that wanna speak to the Bill, Representative.”

“I wanna speak to the Bill, as well.” Speaker Lyons, J.: "Well, that’s fine. You’ve been recognized to do so.”

“Okay, all right. Thank you.” Speaker Lyons, J.: "Proceed.”

“Thank you. You know, you know, House Bill 3485, this Bill, you know, it amazes me because I’ve talked with the Sponsor of this Bill. I’ve spoken with the person who asked him to sponsor this Bill and it’s really not what it appears to be. Here you have a union that has had an agreement for about 3 years now, that came up with all type of wonderful benefits for its… for its union members. We’re talking eye… eye glasses to other sophisticated health care to training programs. A number, a number of positive benefits for its employees. I mean they fought tooth and nail to have. Most of them have a paid lunch a paid break, already. And in Chicago, in Chicago alone, the average employee makes about $14 an hour, full-time, plus the benefits that they get. They also have the flexibility to come in about… at about 8:00, 8:30 and leave about 1:30, 2:00 as long as they finish their rooms. And that flexibility that they have with their employer or the manager of the hotel is not unheard of. There is no sense of urgency. There is no inhumane treatment for any 09400039.doc 134  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 housekeeper, mostly in the State of Illinois. The reason that this Bill became focused on Cook County instead of the state is because they knew that they couldn’t pass the Bill. ‘Cause they knew… this is very unfair and it’s even more unfair to try to use this as a social injustice issue or paint it as, you have all these Latino and all these black women who are being taken advantage of. I resent that. This Bill… or this issue here of an additional break should be a part of the collective bargaining agreement that they came up with 2 or 3 years ago, which they’re going to argue and debate next year. So why in the hell are we here today trying to usurp and undermine what the unions already agreed on successfully several years ago. You know why we’re here doing this? It’s because they’re trying to get an upmanship for next year’s union negotiation and debate with the hotels. Most of the hotels don’t have an issue with this. The issue that they have is them, the union, trying to come down here and usurp and try to undermine, try to undercut this process of collective bargaining in this state that most of us, Democrat or Republican, tends to respect. And so they’re using housekeepers, women, black, Hispanic, Polish as a front to try to undermine that very process. I’m urging every single Member in here to listen up and wise up and to not fall for the okey-doke of trying undermine the unions. What’s right is right and what’s wrong is wrong. This Bill, Ladies and Gentlemen, is as wrong as the day is long. I would strongly encourage a ‘no’ vote. Thank you.” 09400039.doc 135  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”

“It absolutely is. What befuddles me about the previous speakers, they can rant and rave about collective bargaining all they want. Maybe they didn’t hear me, maybe I didn’t speak loud enough. The majority of hotels in Cook County are not union hotels. Those workers have no collective bargaining rights. They have no union protections, they have no recourse. In August of ’06, ’07, ’08 they have no other recourse. They are not circumventing anything. They are coming to their one outlet for relief which is this Body and this chamber. These workers, primarily, and I take offense to the previous speaker’s offense that I’m playing a race card inadvertently. The fact of the matter is, the overwhelming majority, the overwhelming majority of these hotel room attendants are females and the overwhelming majority of these hotel room attendants are minorities. And the majority of these people do not have union representation, do not have collective bargaining, there is no circumvention. This is where they come to protest us. This is where we gave worker’s rights originally, this is 09400039.doc 139  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 where these movements started originally. This is a two-page Bill that has the audacity to say that a woman that does hard, manual labor for seven hours a day gets a 30-minute lunch break and they also have two 15-minute breaks during the day. A room that she can sit down in and free drinking water. That’s what this Bill says.” Davis, W.: “Okay, Representative.”

“Thank you.” Davis, W.: “That was… that was the basis of my question. Thank you.” Speaker Lyons, J.: "Seeing no… seeing no further speakers, the parliamentarian will address Representative Black’s inquiry.”

“If I may, Mr. Speaker, for a point of personal privilege.” Speaker Lyons, J.: "Proceed, Representative.”

“I just want to wish a very warm happy birthday to Mike Thompson, the man behind the throne, the man who makes it happen here on the House Democratic side. Happy birthday, Mike.” 09400039.doc 141  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Speaker Lyons, J.: "Happy birthday, Michael Thompson. Mr. Clerk, Rules Committee Report.”

“Yes, Mr. Speaker. A point of clarification. Would you ask the Clerk if he meant to say Amendment #1 to House Bill 3488? I believe he said 3468 and maybe I’m misinformed but I thought 3488 was the correct number.” Speaker Lyons, J.: "Mr. Clerk, for point of clarification, Representative McCarthy has an inquiry.”

“Thank you, Mr. Speaker and Members of the House. I have for your consideration today House Bill 672. The first thing I wanna say about this Bill, it doesn’t cost the state any money. This Bill doesn’t ban anything or require municipalities to do anything. It removes preemption from the Illinois Clean Indoor (sic-Air) Act. It allows the Illinois Clean Indoor (sic-Air) Act, intact, exactly as it is with both of its provisions and its exceptions. It changes ‘shall not’ to ‘may’ and that’s pretty important stuff around here. ‘Shall not’ comin’ out of Springfield is never popular. Those back home like to make up their own minds and not to… to be told what they shall and shall not do. House Bill 672 gets rid of ‘shall not’ and replaces it with ‘may’. It’s a ‘may’ Bill. It allows municipalities to act. They may act, if they wish. There’s no mandate, no mandate to do anything. Because the Clean Indoor (sic-Air) Act remains intact, it becomes a floor. It will still be the law and that means there’ll be something on the books for clean air and those 09400039.doc 145  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 municipalities for whatever reason solely on their discretion decide not to act. So, because the… the Act remains the law local action, if taken, has to be no less restrictive than the Clean Indoor (sic-Air) Act to keep from undermining the current statute. It’s a ‘who’ Bill rather than a ‘where’ Bill. Where the Clean Indoor (sic- Air) Act applies today is where it’ll apply in the future under this legislation. It has exemptions and it will continue to have exemptions in the future under this legislation. Currently, only 21 communities grandfathered in under the Clean Indoor (sic-Air) Act can do something. The rest of the state is currently stymied. So, House Bill 672 will free up those stymied, free up the whole rest of the state. And as the Peoria Star Journal said in its editorial on Saturday, April 6, ‘For once, state lawmakers are considering giving local governments a choice, not a mandate. That’s almost reason enough to endorse the legislation without knowing what it says.’ I’d be happy to answer any questions.” Speaker Lyons, J.: “The Chair recognizes the Lady from Cook, Representative Carolyn Krause.”

“Thank you, Mr. Speaker. As many of you know who have been around here for a few years, I’ve had this Bill several times, was not able to pass it. Representative Krause had the Bill a year or two ago got closer to passing it. Representative Yarbrough has the Bill this year and I’m sure she will pass it. I think it’s been very well debated and discussed. This is a health Bill, Clean Indoor Air Act. It does nothing but allow cities to get into the program. It does not mandate it. It does not demand anything, but it does provide clean air. I would certainly suggest a strong ‘aye’ vote on this Bill and thank you very much.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”

“Yes, they are.”

“Yes, they are.” 09400039.doc 148  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Yes, they are.”

“Well, I didn’t they were, but if you say so. Yes, they are.”

“Thank you. Question of the Sponsor.” Speaker Lyons, J.: “She indicates she’ll yield.”

“You know, Representative Yarbrough, the previous speaker asked you about all these special interest groups and what their attitude was. I’d like to ask you a different question. Does the public support this Bill?”

“Yes, they do.”

“Exactly, right. This is for the public not for the lobbyists who hang around the rail, Ladies and Gentlemen. What this Bill provides is that, we all know this, that local communities may regulate indo… Clean Indoor Air Act. I have two communities in my own district, two of them that are among the original group that did have an opportunity 09400039.doc 150  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 to take this up just recently. One of them rejected it, that’s their right. That’s what a Home Rule community oughta be able to do. And the other one and this is the important part, Ladies and Gentlemen, decided to accept it but with certain modifications. What this allows a Home Rule community to do is to actually regulate what components of an establishment might make it safe and healthy for everyone who uses that establishment. It’s not even an either/or kind of proposition. It is whatever… what a local community can consider for itself to make it safe and healthy for everyone. There are other states, Wisconsin, Indiana, Missouri and even Kentucky who have local control on smoking regulations. That’s all this would do. I think you know the safety benefits. I think you know the health benefits. I think you know that the public supports this. I think you realize that this is really all… all about local control. And I urge a strong ‘aye’ vote.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Black. Representative Black.”

“Yeah… Yes, Representative…”

“…by 40… by 41 votes.” 09400039.doc 151  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Yes.”

“I’m sorry. I can’t hear you.”

“Ye… yes, I do.”

“Yes.”

“Yes.”

“They saw the error of their way.”

“Absolutely not. It does not mandate anything.”

“That’s correct.”

“I don’t think so.”

“It…”

“No, thank you, Representative.”

“No, Sir, there is not.”

“That’s correct.”

“Thank you, Mr. Speaker and thank you to all of you who have stood up on behalf of this Bill. To the previous speaker, I think that this debate does belong at the local level. Local officials aren’t stupid. They know what their community feels and I hardly think that they would do something that would hurt their own community. So, this debate, those meetings and those times where they come together and sit down and talk about what they want and what they need for their communities, I think that it rests there. So, I urge an ‘aye’ vote. Thank you.” Speaker Lyons, J.: “The question is, 'Should House Bill 672 pass?' All those in favor vote 'yes'; those opposed vote 'no'. 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 Bill, there are 62 Members voting 'yes', 48 voting 'no', 6 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 26 of the Calendar, Representative Washington has House Bill 2449. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker. Mr. Speaker, this is a human rights Bill. This is a simple Bill and I’m glad to be able to represent this Bill because I’ve been a victim of what we’re trying to correct and address today. House 09400039.doc 155  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Bill 2449, it deals with the conduct of railroad employees in regards to the administration of emergency medical treatment. The Bill states that a railroad shall make a ‘good faith effort’ which all of us should be able to expect in a emergency situation if we’re hurt. We wanna feel that if we fall out on this floor, like some of us have, unfortunately, that prompt medical attention is gonna be given to the injured without delay or without interference and we’re not gonna be denied any human rights of access to being administered medically for any incident that occur. Well, some might say that this is already in place, but I’m here to tell you that this is one of those unfortunate incidents where some people don’t practice what they preach. And as a result, I’m asking my colleagues who can see themself in the place of getting injured at any job, whether it’s the railroad, whether it’s here on the floor, that surely they don’t want anybody to have the power to override the human right expectancy of being able to be given prompt medical treatment without delay or denial or interference. And if so, that someone was to do that that there should be some consequences to make a strong point that this is a human rights issue, that everyone has a right to medical treatment when they need it and that discipline or threaten to discipline people and intimidate them is just unacceptable. And that’s something that goes along and happens more too often and I have documents upon documents of cases where this happened on 09400039.doc 156  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 the railroad, myself being one of them and I’m open for any questions.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Lang.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. I rise in support of the Gentleman’s Bill. This is apparently a real problem on our railroads. Apparently, there are file folders filled with complaints from railroad workers about delay in treatment for injuries and lack of management dealing with these problems in an appropriate way. I think if any of us were injured on this job or any other job we have, we’d wanna to make sure that we got attended to immediately. Some of have strangely raised the point of collective bargaining here, but I don’t know why someone should have to collective bargain for their right to have their injuries addressed when they’re injured on the job. This is a problem that the railroads have been denying, but you can’t deny the facts and the facts are there are claim after claim after claim of injured workers in railroads… on railroads that have not had their injuries attended to in a way we would want our injuries attended to or our family members’ injuries attended to if we were injured on the job. So the Gentleman’s got a point with his Bill. He’s trying to send a message that… a simple message. The simple message is that when you’re injured on the job and your employer knows about it your employer shouldn’t stand in the way of having your injuries treated. That’s all this Bill is about. The Gentleman deserves an ‘aye’ vote.” 09400039.doc 157  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”

“I’m sorry, Representative, I didn’t catch that last question.”

“Well, when I said that, Representative, I thought it was clear that being that I’m a human and the people we’re talkin’ about are human and that all of us have equal right to medical treatment.”

“Without interference or delay or being denied.”

“I’m talking… I’m talking…”

“Well, now which question you want me to answer first, Representative?”

“You asked two questions there.”

“Let me start with your first then go to your second.”

“Thank you. The first one, it is a human rights Bill. It’s a human right because all of us, none of us in this room should be denied or interfered with when trying to have medical treatment on a emergency situation. That’s number one. Number two, it went through the committee that it went through hoping that it could get a fair audience is not dealing with federal regulation. Because the Federal Railroad Administration do not directly prohibit the interference of medical treatment but once again, this is a Bill that people are not practicing what they’re preachin’ and even though it’s reported to the Federal Administration as to accidents, they have no reporting process procedure as to what happened once that accident occur.”

“Representative, this is just about fundamental rights and if you wanna say it’s new, then let’s put it 09400039.doc 159  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 this way. Let’s say it’s new and improved. But we need to practice what we preach and make sure that no citizen in the State of Illinois, whether they’re a railroad worker or just workers, that no one… if you fall out today no one should interfere with the medical treatment that a doctor has designated that you need for recovery.”

“Yeah, you know in your case Rep, you probably could because you have got the latitude of movement that most people in a job situation are intimidated. They wanna keep their job so at the same time a lot of things of abuse from the administrative level happens to intimidate those employees where a lot time certain things don’t come about.”

“And well, you know what?”

“Representative…”

“Okay.”

“Well, yes, Sir, I’m gonna give it to you and I thank you for raising the question. But first, let me go back to thank you when you say you know union people that you have confidence in. Because I, too, am part of a union that I have the total confidence in and I can speak with this Bill as a direct victim of the administration in a accident that happened to me. But let me just share a few things with you, if I may.”

“That’s all right, well, Representative, okay but…”

“Yes, Sir.”

“I’m sorry, Sir.”

“Well believe it or not, Metra is supportive of this Bill, Representative.”

“My… my… but my answer is Metra is supportive of this Bill.”

“This is dealing with…”

“My answer to you, Representative, dealing with railroad workers.”

“It’s dealing with railroad workers.”

“I answered it the best that I could.”

“Yes, I did, Rep, best I could.”

“Well, Rep, you know, I got children I want a straight answer, I don’t always get it.”

“Thank you, Mr. Chairman… Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: "Indicates he will.”

“Representative Washington, when Amendment was adopted in addition to some of the comments I just heard in regards to federal reg… regulation, can you just briefly describe 09400039.doc 162  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 maybe the relationship between federal regulation of something like this and local and why this is needed here in Illinois?”

“Representative, if I understand your question, the Federal Railroad Administration, it mainly addresses the reporting of accidents as I stated earlier. But not the actions following the injury and that’s where we have a problem with so many people here in the state that have worked for the railroad and have found themselves in those predicament.” Speaker Lyons, J.: "Ladies and Gentlemen, if we could quiet the chamber down slightly, it’s getting rather noisy in here, we’d appreciate it. Shhhhhhhh. Thank you.”

“And it’s also primarily civil. This creates a criminal penalty.”

“So, as far as in a time frame, ‘cause I… if I do remember the comments that were made, what do you think or do why do you not think we travel… or would think federal intervention versus here in the state?”

“Representative, I apologize, but I heard part of what you said but not the total…”

“I’m trying to get… ya know, some of the comments that I heard are criticisms, was in regards to why not… why not implement this on a federal level, the Federal Laws have to deal with this, don’t they deal with this, and I’m just trying to make sure the Body here is clarified there’s a difference between what you’re trying to do on a state 09400039.doc 163  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 level and a federal level and versus a time frame in which this is gonna happen or…”

“Representative, actually a vast, vast difference between the federal and what we’re trying to do here. This really gives some strength and teeth and make people practice what they preach. This is an initiative by the UTU which represent railroad employees and it’s simply attempts to address the problem of railroad managers who delay or interfere with medical treatment of employees so that the railroad does not have to report employee injuries to the Federal Government and the argument is simple. That railroads do not…”

“Excuse me, Representative, I don’t mean to cut you off.”

“…have the right…”

“Let me get… let me get to the point. You don’t feel that federal regulations… address this problem.”

“We know that they don’t. They only deal with the accident reporting but not the aftermath what takes place with the employee and administration of those people who they’re under in terms of the job.”

“So, for instance, if I get in… I’m walking along a plank, I fall, all of a sudden my… I get bodily harm, my leg gets chopped off. All the railroads have to do currently right now is report that my leg got chopped off versus that all of us, ya know, that the supervisor was able to call the hospital right away to be able to, ya 09400039.doc 164  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 know, do whatever they needed to do to apply first-aid. Is that what I’m hearing here?”

“That’s correct.”

“To the Bill.” Speaker Lyons, J.: "To the Bill.”

“I think this legislation only makes sense. It’s been far too long in committee. Individuals were brought to our committee who had bodily harm do to them in all kinds of different ways. We can provide testimony after testimony after testimony how these individuals were hurt. But however, what is not reported and was not known is how quickly they’ve been able to receive medical care, that is needed medical care, and possibly lifesaving or injuries. This only makes sense that the individuals who do have… who do get hurt on the worksite, just gets the proper medical care in a timely fashion. As a health care provider, I understand that. Many times we aren’t able to go through litigation when something is hurting us. We need medical treatment right away and I think individuals, regardless of their work, particularly in high-risk areas where there is substantial bodily harm that can occur to them, seek and get medical treatment. I would ask the Body for a favorable vote.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from McHenry, Representative Tryon.”

“I’m sorry, what did you say now?”

“Yes, Sir, that’s correct.”

“I’m sorry, Representative, would you repeat that?”

“Yes, Sir.”

“That’s correct.” 09400039.doc 166  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“They only investigate those things that are considered meritorious. And of course, the taxpayers take care of that the same as we do for any other citizen in the State of Illinois.”

“A state mandate was filed and this has been proven that it is no impact at all on local government.”

“I don’t know, but that’s the fact. We can show it to you if you like.”

“Thank you, Speaker. I… I rise in strong support of House Bill 2449. I had one of my constituents stop at a restaurant ‘cause he saw me drinking coffee and he comes up to me and tells me that he had a complaint about the railroad. What he told me was that he was holding a stake and when the person that hit that stake… hit that stake, busted his finger. The pictures he came into this restaurant to show me were gory, gory pictures. I’m 09400039.doc 168  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 telling you, if you saw them, I’m telling you wouldn’t wanna see ‘em. The meat was sticking out, I mean it was gru… I mean, it was… I’ve never seen anything like this. This gentleman, this constituent of mine that I’ve known for many years told me that he had to beg the railroad to please, please take him to the hospital and they kept telling him, ‘No, we can’t take you right now because our railroad doctor is not available.’ So he told me that he begged and begged that please take him to the emergency room. And finally, when he started crying is when they… he had to cry. This is a grown man crying, begging to please take him to the emergency room and finally they did that. So I urge an ‘aye’ vote on this… on this Bill and I’m very… and I stand in strong support of this Bill because this really angers me. We’re here representing the people of Illinois and some of us here are gonna vote ‘no’ on a Bill that’s to protect employees. I mean, come on, we’re… we’re here to represent the people of Illinois and then we have opposition to this Bill. It’s… I just don’t understand it, but I stand in strong support of this Bill and I urge an ‘aye’ vote. Thank you.” Speaker Lyons, J.: "The Chair recognize the Gentleman from DuPage, Randy Hultgren.”

"Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: "He indicates he will.”

"Representative, if the Federal Government has rules and regulations to cover this, how is it then that a manager, i.e., a boss, can deny a worker the opportunity to seek emergency help or assistance prior to forcing that worker to go back to show how the accident occurred?”

“That’s a good question with an answer. Let me… let me just say in a more calmer way and only reason I’m 09400039.doc 170  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 speaking to passion and I hope my zeal for the passion is not interpreted as cockiness, because that’s not in my spirit at all. But I just want you to know that until you walk in somebody else’s shoes, you don’t know what they have to go through and the concern of the language that was spoken of on this side of the aisle is secondary to the practice that is done as it relates to an unwritten policy or practice that continually goes on. Let me answer you like this, Representative, let me give you an example. A supervisor canceled a call to a 911 for an employee that had fallen through a wooden bridge and was unable to get out. The employee’s fall was stopped when the remaining board it caught his pelvis and his right leg. All though the employee’s coworkers had requested emergency medical service, the supervisor took upon himself to cancel the 911 call and drive out to the site and personally got that worker out. Now what resulted from that was a coworker were requested by that same supervisor to assist in helping that employee get out. Although the coworker questioned the wisdom of the supervisor in an action that clearly is supposed to be governed under law to not mess with the employee, what happened after that person went to the hospital, instead of taking him to a direct hospital emergency room the supervisor instructed, ‘Now I’m gonna have to take him to a different hospital’ of the supervisor’s choosing which was further away. He suffered a chipped pelvic bone, fluid in his testes, a bruised leg, knee tissue injury. He was administered a tetanus shot, 09400039.doc 171  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 given pain pills, an injection of Demerol. The railroad superintendent attempted to interfere with the medical treatment by stating that if he took prescription drug, now listen to this, it would make the case reportable to the Federal Railroad Administration. And the injured employee was then admitted to a hospital for observation and received a prescription of Vicodin and a crutches and was released from the hospital. This is just one of many incident that the federal thing does not go far enough but it gives us the leeway on that state to correct the problem and that we can practice what we preach, since all that is being done is accident reported, but nothing is followed up to what happened to that person afterward. I ask for support of this vote. The goal here is to ensure that medical treatment is available for injured workers and that the doctor’s treatment plan is not interfered with. As has been documented in the case that I just read to you.”

"So, Representative…” Speaker Lyons, J.: "Representative Patterson, further question?”

"So, Representative, I think the dichotomy here is… it appears to me or sounds to me that the manager has a duty to the company rather than a duty to the worker to seek out emergency medical attention for that worker. Now, what would happen to a worker in your professional opinion based upon your experience within this industry, if the worker did not return to the location of the accident to 09400039.doc 172  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 reenact the accident for the manager? Could that worker be summarily discharged for… for disciplinary action?”

“Yes, Sir. Yes, that worker could be for insubordination. Yes, Sir. The intimidation is greater for people to let live under the fear that if they get hurt that they’re gonna be denied the basic human rights of not being interfered, denied, or treatment being delayed.”

"So, if in fact, there are federal guidelines that prohibit this type of activity by a manager, then it seems to me, under Federal Law, these managers should have been indicted by now.”

“Well, as I stated, the way the federal guidelines are structured that the reporting has to be done, but at the same time it is not anything there that says what has to be done once that person is injured. Once the accident happened, that is reported.”

"So…”

“But what happens from the time that the injury happened and the process in between is not governed nor regulated and totally abused.”

"So, without your Bill being enacted, it would mean that the… the managers for these companies can shape the statistical reports to show fewer accidents then actually occurred at the risk of the health and well-being of the workers that’s under their charge.”

“Yes, Sir, and they’re just crying out for changes…”

"To the Bill.” 09400039.doc 173  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Speaker Lyons, J.: "Representative Patterson, your time has run out, you can conclude your remarks, give you one more minute.”

"Yeah, I urge a ‘aye’ vote for this Bill. I think it goes toward a humanistic feeling toward the workers and it is sorely needed in this particular industry and unless someone has been injured on a job and have been denied emergency help which I have been denied emergency assistance because of the type of work I’ve done in the past, I urge a ‘yes’ vote on this particular measure.” Speaker Lyons, J.: "Representative Washington to close.”

“Mr. Speaker, thank you and thank both sides of the aisle for helping me grow in understanding that there’s always two ways of lookin’ at a thing. But here is something clearly that we have got more in common than we differ. I don’t think any one of us would stand in a lie detector test and say that if we’re hurt in any capacity that we would appreciate that medical attention being denied, delayed, or interfered with and based on the premise of where we got more in common than we differ I ask for support of a ‘aye’ vote for this particular legislation. Thank you.” Speaker Lyons, J.: "We’ve had a thorough discussion on House Bill 2449. The question is, ‘Should House Bill 2944 pass?’ All those in favor for ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Chapa LaVia. Representative… Representative Bost. 09400039.doc 174  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Chapa LaVia. Mr. Clerk, take the record. On this Bill, there are 72 voting ‘yes’, 41 voting ‘no’, 3 voting ‘present’. This Bill, having received the Constitutional requirement, is hereby declared passed. The Chair recognizes Representative Miller. For what reason do you rise, Representative?”

“A point of personal privilege.” Speaker Lyons, J.: "Please proceed.”

“Ladies and Gentlemen of the House. Today we’re joined by University of Illinois College of Dentistry, dental students up in the gallery. Can you please stand up and wave. They’re gonna be future dentists, and they’ll be legal to do tongue splitting procedures when they finally get their license. Thank you.” Speaker Lyons, J.: “Glad to hear that. Welcome to Springfield, students, glad to have you. Page 20 of the Calendar, Representative Brady has House Bill 3517. Read the Bill, Mr. Clerk.”

“Representative Turner in the Chair. Let’s cleanup. On page 5 of the Calendar, Second Readings, we 09400039.doc 177  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 have House Bill 834, Representative Ryg. Read the Bill, Mr. Clerk.”

“The Lady from Lake, Representative Ryg, on Amendment #2.”

“Thank you, Mr. Speaker. Floor Amendment #2 addresses concerns that were raised by the Illinois Trial Attorneys and the Retail Merchants. And so this includes language that both of them have proposed in terms of addressing liability issues for the users of nonpublic restrooms. Be happy to answer…”

“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #2 to House Bill 834?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”

“Third Reading. On page 16 in the Calendar, Second Reading, we have House Bill 2578, Representative Connie Howard. Read the Bill, Mr. Clerk.”

“Third Reading. On page 28 in the Calendar, Third Readings, we have House Bill 3802, Representative Monique Davis. Out of the record. On page 8 of the Calendar, Second Readings, we have House Bill 1178, Representative Saviano. Read the Bill, Mr. Clerk.”

“Third Reading. On page 16 in the Calendar, Second Readings, we have House Bill 2577, Representative Saviano. Read the Bill, Mr. Clerk.”

“Third Reading. On page 21 of the Calendar, Second Readings, we have House Bill 3696, Representative Saviano. Read the Bill, Mr. Clerk.”

“Third Reading. On page 22 of the Calendar, Second Readings, we have House Bill 3816, Representative Pihos. Read the Bill, Mr. Clerk.”

“Third Reading. On page 22 of the Calendar, Second Readings, we have House Bill 3851, Joe Lyons. Read the Bill, Mr. Clerk.”

“The Gentleman from Cook, Representative Lyons on Amendment #2.” Lyons, J.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #2 is a Amendment offered by unions who are affected by the underlying Bill which is a community care program advisory committee. And it adds the sentence, ‘At least two representatives of statewide trade or labor unions that respond… represent in-home direct care service and staff,’ will be placed in about four different places in the Bill where it’s appropriate. There’s no known opposition to this, it’s a friendly Amendment. We’d appreciate your support on this and the underlying Bill when we call it tomorrow.”

“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #2 to House Bill 3851?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”

“Third Reading. The Gentleman from Madison, Representative Hoffman, for reason do you rise?” 09400039.doc 180  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Yes, for the purpose of an announcement.”

“State your purpose.”

“Yes, the Transportation Committee has been scheduled for right after Session, that will be canceled. The Transportation Committee will be canceled so Members of the Transportation Committee, you do not have to go to Room 114.”

Speaker Turner: “That’s a blessing. On page 11 of the Calendar, Second Readings, we have House Bill 1592, Representative Bradley. Out of the record. On page 6 of the Calendar, we have… Second Readings, we have House Bill 962, Representative Yvetter Younge. Read the Bill, Mr. Clerk.”

“Third Reading. On page 20 of the Calendar, Second Readings, we have Representative Brosnahan on House Bill 3596. Read the Bill, Mr. Clerk.”

“Third Reading. On page 10 in the Calendar, Second Readings, we have House Bill 1463, Representative Flider. Read the Bill, Mr. Clerk.”

“The Gentleman from Winnebago, Representative Winters on Amendment #3.”

“Seeing no questions, the question is, ‘Shall Amendment #3 be adopted to 1463?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Bill… the Amendment is adopted. Further Amendments?”

Speaker Turner: “Third Reading. Representative Flowers on House Bill 255, page 23 of the Calendar, Third Readings. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Flowers, on…”

“Thank you, Mr. Chairman and Members of the committee, Mr. Speaker. House Bill 255 create the HIV/AIDS Prevention 09400039.doc 182  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Program for the Department of Corrections. According to the crime magazine the average person doesn’t give much thought to the thought of AIDS among prison inmates. But as the number of American convicts have grown, so has the problem with AIDS in prisons. During the 1990s, approximately one thousand inmates died from AIDS. Even more alarming is the fact that a number of females have also tested positive for AIDS. According to the Bureau of Justice, statistics for the same period of the overall rate of confirmed AIDS among the nation prison population has increased more than six time the rate of the U.S. population. House Bill 255 would authorize the Department of Corrections and the Department of Public Health to jointly develop and implement an HIV/AIDS education prevention program targeted to the offenders and their significant others and family members. House Bill 255 require the Department of Corrections printed information on the transmission and the prevention of HIV, hepatitis C, and other sexually transmitted disease. And also have HIV and AIDS informational video produced by the National Organization of AIDS which is already… which is already there. And also, have written information on the transmission and the prevention of HIVs and other sexually transmitted disease. And it would allow for a physical examination of each inmate of each inmate upon entry into the correctional center of HIV tests and a physical examination of each inmate prior to release. I’ll be more 09400039.doc 183  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 than happy to answer any questions you have in regards to House Bill 255.”

“This Bill is on Short Debate. There are a number of lights on and so we are going to implement the Short Debate rule. To that end, we will hear from the Gentleman from Cook, Representative Parke, for what reason do you rise?”

“No, I haven’t.”

“I only see three. Oh, oh…”

“Okay. All right.”

“She indicates she will. I wanna remind the Members that the timer will be on.”

“Yes.”

“Yes.” 09400039.doc 184  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“The AIDS Foundation’s still opposed.”

“I was not aware of… I’ve never even heard of that organization but…”

Speaker Turner: “The Lady from Cook, Representative Feigenholtz, for what reason do you rise?

“Will the Sponsor yield?”

“She indicates she will.”

“Representative Flowers, I have some questions for you. Can you tell me right now, does the Department of 09400039.doc 185  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Corrections offer voluntary testing for inmates? And if… and how many do they do every month?”

“I am not aware of any voluntary testing that the Department of Correction does in regards to HIV testing.”

“So, the Department of Corrections doesn’t do any testing, any voluntary testing. Is that true?”

“Once again…”

“I don’t think that’s correct.”

“I… I don’t know. So, I can’t… they did not give me that information. Do you have that information?”

“Do you know the cost of each HIV test, Representative?”

“Well, it depends on which test you’re talking about, Representative, because there’s a new test that’s out and the State of Michigan is using it. It’s less than $8 per person. So, either way it would be a cost saving. When you think of what HIV and the death that occurs because of lack of treatment. And as the result of lack of treatment, it could cost this state much more if they did not provide for mandatory testing for AIDS.”

“Representative Flowers, I think I understand what you’re trying to do here. You and I disagree… often want the same goal, but disagree on how to get there.”

“Absolutely.”

“And honestly, I… I don’t know how you’ve come to the conclusion that $233 million is going to provide an effective intervention program. Is there any data that proves that mandatory testing saves lives?” 09400039.doc 186  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“I’m glad you asked that question, Representative, because in the State of Michigan and in the State of Missouri, if I may read to you that Michigan currently tests all inmates entering the Correction as part of their medical examination. The cost per test is $8. They have 48 thousand inmates. The rate of infection has gone down to single digits. In regards to the State of Missouri, the director of the health care service for Missouri Department of Correction confirmed that they have mandatory testing for all inmates entering their system. It started back from 1985 and 1986 and from 1988 to the present. It has done what you call a universal testing and their data have shown that of the 415 thousand inmates tested in 1985 only 1,160 have been found to be HIV positive and as a result of their testing, they to date only have 200 positive inmates out of 30 thousand. And you know, Representative, if I may share with you this information, in this state we already have mandatory testing. We have mandatory testing, if you would refer to section… if you would refer to Section 5 of the Unified Code of Correction, it says in (g), ‘whenever a defendant is convicted of an offense under these section, the defendant shall undergo medical testing to… to determine whether the defendant has any sexually transmitted disease, including HIV.’ That’s one section of the law where we have mandatory testing. The other section of the law, Representative, where we have mandatory testing is in Section 5 of the Unified Code of Correction. Also, dealing with whenever a defendant is convicted of an 09400039.doc 187  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 offense under Section 1 or 2 of the Hypodermic Syringe and Needle Act, ‘the defendant shall undergo medical testing to determine whether or not the defendant has been exposed to HIV.’ So what I’m doing, Representative, is nothing new. We already have mandatory testing in this state for a certain category of people and I think if it’s getting enough for these two categories that the entire population should be tested. When you think about the average person does not die from the HIV, they die from the complication that it brings on their immune system. Tuberculosis is a airborne disease. Pneumonia is a airborne disease. Hepatitis B is a airborne disease. People can die from these types of disease. These people were not…”

“Representative Feigenholtz, bring your remarks to a close.”

“Mr. Speaker, I didn’t see the clock on and I have…”

“It was on.”

“I have not seen it on.”

“Well, young Lady it was on and the time is automatically dispensed. So, you got 30 seconds.”

“Okay. Well, I… I apologize. I have a few more questions. Representative Flowers, I… I think there was a little confusion, you and Representative Howard had competing Bills. We just voted on Representative Howard’s Bill which included counseling and education and voluntary testing, which I think is a protocol that many of us would support. And I believe that the original Bill that you had 09400039.doc 188  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 when you worked with the AIDS Foundation last year had voluntary testing in it. Now you’re doing a mandatory testing Bill, a Bill that’s gonna cost this state $233 million over 10 years and you have no data to prove to us why… how this is effective. We know that in prison that people contract AIDS because they’re raped, unprotected sex, and IV drug use. That’s correct, right?”

“Representative, there’s all kinds of ways that people can contract AIDS. There’s a doctor that works at Cook County, she says, ‘I don’t know how…’”

Speaker Turner: “The Gentleman from Cook, Representative Froehlich.”

“She indicates she will.”

“Yes, Representative, prisoners are a high-risk population for HIV and other types of diseases.”

“That’s correct.”

“I’m glad you asked that question, because every inmate according to the Department of Correction, State of Illinois, every inmate is given a complete physical. They 09400039.doc 189  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 collect the DNA of everyone that come… I’m sorry, they collect the DNA of the sex offenders, but each and every last one is given a complete health care and dental examination is given to each inmate when they come into the prison.”

“Yes.”

“Yes. The inmates that have been charged with criminal sexual offense, those inmates are given mandatory testing and the inmates that also that’s been charged with violating the needles Act, those inmates are given mandatory testing. So this Bill is nothing new.”

“Eighteen other states, including Illinois, does mandatory testing.”

“It will be a cost-savings to the state, Representative, if these inmates who are infected know because there’s tests now that if you find out that you’re HIV positive within 72 hours, you can live with the disease as opposed to dying from it. And also, if you don’t find 09400039.doc 190  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 out within the 72 hours, you don’t have to live because of your ignorance of your health status. And if you know that you have this disease, again, you can live with it. There was a time when you had HIV that it was a death sentence, but it’s no longer a death sentence if you’re given the proper treatment and take your medication, again, you can live and the disease does not have to spread.”

“Your…”

“Yes, because of prostitution, because they’ve been raped, and other things. And as a result, the women who have HIV who become impregnated because they don’t know their status, it passes on to their babies. But more importantly, you know Representative, I’m glad you brought that up, because in the African-American women it says, ‘poverty is worsening under HIV among black women because a lot of them are unemployed, underemployed, have no insurance.’ And a lot of the men and women who would be tested but because they don’t have any insurance cannot be tested because they don’t have a job. And because they are in a population that is controlled, this will be the closest thing that they would come to a doctor and give… and given some type of medical help and treatment.”

“I don’t understand the reason why the AIDS Foundation is against this, because each and every last one of them that’s affiliated with the AIDS Foundation that may have AIDS, is living and they are living proof that treatment does work. And so, once again, and I want to say to you that Mr. Pickett, who is a lobbyist for the AIDS Foundation, he too know the importance of treatment and he encourage everyone to get tested often. And so as a result, why is it that the men that’s incar… men and women that’s incarcerated, why should they not be tested? Why should they not have the same opportunity that he had to be tested and given the treatment? And treatment is what’s very important.”

“Well, because once again, Repres…”

“Bring your remarks to a close, Representative Froehlich.”

“Representative Flowers, go ahead.”

“Thank you, Mr… The reason why the Center for Disease Control think it’s important that everyone gets tested because we don’t know how this disease or how we may come 09400039.doc 192  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 in contact with a person with HIV. So, it’s better that everyone get tested and get the treatment if you can by knowing early.”

“The Lady from Cook, Representative Howard, for what reason do you rise? Your 5 minutes is started.”

“Thank you very much, Mr. Speaker. Representative Flowers, I truly believe that you’re serious about addressing the problem of HIV in prisons which, of course, is very serious. However, I think this Bill is poorly conceived because it will do little to address the problem of HIV in prisons. Did you know that the majority of states do not provide for mandatory testing in correctional facilities?”

“That’s part of the problem, Representative. And if they did provide testing there would be fewer people that’s dying in prison. Remember, these men were not sentenced to death. They were… in this society we have people who have been incarcerated longer than the history of this country because of the legislation of which we pass. And as a result of them being incarcerated longer, they’ve been there, they’ve gotten sick and have contacted or come in contact with someone with the AIDS. And so as a result, they’re coming out and it’s impacting our community in a very negative way and women are impacted negatively and so are the children. And so what better way to cut this ver… this deadly disease, which people can live with if treated, if we get it where it’s being…”

“Thank you, Representative Flowers.” 09400039.doc 193  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“…incubated in the prison system.”

“As you know, I am against mandatory testing and I’m just not certain that there is some kind of correlation. We can certainly suspect that. But did you know that the Bill that I am sponsoring will require that there be a study made that would, in fact, make it certain that there may or may not be a correlation in the population in prisons…”

“Representative, I’m glad you…”

“…and persons who leave the prisons and those who live outside the prisons?”

“…studies have been done already on the very thing that you’re talking about. And so I think Chicago State could use that monies to do something else. But there has already been a study and I will bring to your attention…”

“Representative Flowers, you’re sorta…”

“…powers and the population that…”

“Please, Mr…”

“…make the corrections with the community…”

“…can you…”

“…and that Reverend Jesse Jackson…”

“…can you make your… your remarks… Representative Flowers?”

“…endorses mandatory testing.”

Speaker Turner: “We can sing together but we can’t talk together. Please, one at a time, let’s answer the questions…”

“Representative Flowers…” 09400039.doc 194  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“…and make ‘em short.”

“…if an inmate test positive, will your Bill provide the tools to help them change risk behaviors, such as sharing needles or engage in unprotected sex?”

“Representative, the Bill requires testing and treatment, so… and as well as education, yes, it does. Education is a very important part of staying clean and free, as well as, staying alive. Just…”

“And you will provide in your Bill some kind of assistance that will allow them to stay negative?”

“Representative, you know what, if a person had cancer, there’s no guarantee that they too can stay negative. So, anything can happen. You could walk down the street tomorrow and get stuck with a needle and you’d be HIV positive. So, there’s no guarantees in law… in this life. But the fact of the matter is treatments is important not only for the people that’s incarcerated but also for when they come out because of the impact they would have on the community.”

“Thank you very much.”

“It’s my pleasure, Representative.”

“The next question that I ask is, at what point, Representative, you were convinced, by whoever, that testing ought to be voluntary. You had an Amendment to that affect. What in the world made you have a change of heart?”

“Oh, Representative, you know what, I think somebody has given you some inform… misinformation. I just wanna 09400039.doc 195  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 share with you that 4 years ago, I started off with mandatory testing but because the AIDS Foundation said to me and they came and says, ‘Representative, would you please take this Bill out of the record and would you let… would you let us work with you and let’s get mandatory education in the prison?’ Well, I’ve allowed that to happen. And as a result, Representative, as a result, it has gotten worse. And I want you to say, Representative, that you sent me the letter that said that you once agreed… you thought that…”

“And I did change my mind.”

“…you agreed with mandatory testing.”

“Thank you for your answer to that one.”

“You sent me the letter saying that you agreed to mandatory testing…”

“Representative Flowers, you are trying to eat up my time. I don’t appreciate it.”

“…and that you were convinced otherwise, not me, Representative…”

“Why does this Bill ignore the opinions of the Chicago Department of Public Health, the Illinois Department of Public Health, the National Commission on Correctional Health Care, the AIDS Foundation of Chicago, the Black Health Alert Network, Rainbow Push, and doctors, nurses and advocates from throughout our state and in our community, all of whom support voluntary testing where people are involved in their health care, not forced treatment.” 09400039.doc 196  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“I just want to read to you a letter… a letter here from this magazine…”

“And you’re gonna answer the questions…”

“…Civil Rights Leader Jackson endorses HIV…”

“…before my time is up?”

“…when the President… when the former President was in town, he and Reverend Jackson endorsed mandatory testing to HIV. But the mo… the most important thing…”

“Representative Howard bring your remarks to a close. The Gentleman from Lee, Representative Jerry Mitchell, for what reason do you rise?” Mitchell, J.: “Thank you, Mr. Speaker. Will the Sponsor yield?”

“She indicates she will.” Mitchell, J.: “Representative Flowers, you and I have disagreed on many Bills, but I think this is one time that we certainly agree. I’ve hear a lot of talk and concern about the cost, the price of this. But quite frankly, by not knowing, I think the cost is going to be significantly higher. I think the pain and the suffering is going to be significantly higher. And I agree with you, it’s not just HIV, it’s not just AIDS, but airborne disease is a real common problem. Anybody that’s… that’s simply caught the flu from a handshake realizes how sick you can get. And the cost to prevent these kind of diseases is much less than the cost of trying to cure these same diseases. Representative, I… I think that you’re leading with your heart but you’ve had your head involved as well. I think 09400039.doc 197  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 you’ve crafted something that in the long run will save the State of Illinois money and I applaud you for it. Thank you, Mr. Speaker.”

“Thank you.”

“The Lady from Cook, Representative Bailey, for what reason do you rise?”

“Thank you, Mr. Speaker. I would like yield my uninterrupted 5 minutes to Sara Feigenholtz. Thank you.”

“The Lady from Cook, Representative Feigenholtz with Bailey’s uninterrupted 5 minutes.”

“That would be nice, Mr. Speaker. To the Bill. Ladies and Gentlemen of the House, I’ve been working on HIV/AIDS issues since I got here 11 years ago. And as I said earlier, I think that ultimately, Representative Flowers and I have the same goals, it’s how we get there. We just passed a Bill that Representative Howard sponsored that’s on its way to the Senate and I believe it had a tremendous amount of support that’s going to do exactly what we want it to do. Third Reading… I’m sorry, it’s on Third Reading, that’s going to educate inmates about… about testing, counseling, and treatment so that they’re prepared that when they do get tested to know what their status is and how to deal with it. I see nothing in Representative Flowers’ Bill that is going to prepare an employee from the Department of Corrections to be able to deal with the volume and magnitude and impact of what a positive HIV test is all about. The National Commission on Correctional Health Care recommends that we as states employ the same 09400039.doc 198  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 kind of public policy for people toward health care who are not in prison as we do in prison. There’s nothing, Representative Flowers, with mandatory testing that is going to prevent bad actors who are in prison, whether they’re… they’re… they go in positive, or come out positive, go in negative or come out positive, to not go to the women in their community and still wanna have relationships with them and contract the disease. There is nothing in your Bill that does that. There is no data from one state to the next that says that it’s worth taking away the dignity and civil rights of people who are incarcerated and not attempting to educate them so that they will voluntarily test. That is how it works when we wanna do this right, that’s how we should be doing it. Ladies and Gentlemen, this is an ill-conceived Bill, it is going to cost the state an enormous amount of money. It will not give us the results we want. I strongly, strongly encourage a ‘no’ vote.”

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

“She indicates she will.”

Speaker Turner: “Mr. Clerk, what’s the status of Floor Amendment 2 and 3 to this Bill?” 09400039.doc 199  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“That’s correct.”

“That’s correct.”

“We appreciate it, Representative.’

“The Lady from Cook, Representative Flowers, to close.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Someone had mentioned about the ACLU and how it was talking about how this would violate people’s rights. And I wanna bring to your attention that on March 16, in the Southtown newspaper the headline was, ‘County Acquires Power to Quarantine’. And it says, ‘If you’re sick with a dangerous and infectious disease and not willing to keep yourself away from the rest of society, the Cook County Public Health official now have the power to quarantine you.’ And this was supported by Colleen Connell, the Executive Director of the American Civil Liberties Union. That’s number one. Number two, I wanna bring to your attention that in 1962, the U.S. Supreme Court further acknowledged that a California law that regulated narcotics drug trafficking including a compulsory rehabilita…”

“Bring your remarks to a close.” 09400039.doc 202  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“…including a rehabilitation program that the power was… the… the state was in its power to promote the general welfare for the health of its inhabitants. I wanna say to you that we have a health crisis in this state. And if you think that HIV is being pertained or contained in the prison population, you’re sadly mistaken. I wanna bring to your attention another magazine, it’s called, Government Health. And here it says, ‘Next to AIDS, tuberculosis is consider the world’s leading global health threat. Unfortunately the two diseases are intertwined.’ No one should have to die because of the ignorance of their health status. If you know you have the disease…”

“Representative Flowers…”

“…you can get treatment. That’s what this legislation is all about. The people that are in prison are entitled to live with dignity, health care, and treatment. It is already the law in this state that we have mandatory testing.”

“The question is, ‘Shall House Bill…”

“This is merely expanding it to everyone.”

“Turn the mike off. The question is, 'Shall House Bill 255 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 90 voting 'aye'… I mean 17 voting ‘aye’, 90 voting 'no', and 9 voting ‘present’. This Bill, not having received the Constitutional Majority, does 09400039.doc 203  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 not pass. On page 26 of the Calendar, on Third Reading, we have House Bill 2946. Read the Bill, Mr. Clerk.”

“Mr… Mr. Clerk, the Sponsor asks leave to bring the Bill back to Second Reading. Leave is granted. On page 4 of the Calendar, Second Readings, we have House Bill 756. Read the Bill, Mr. Clerk.”

“Third Reading. On page… I’m sorry. The Lady from Kane, Representative Lindner, on Amendment #2.”

“The Gentleman from Cook, Representative Davis, for what reason do you rise?” Davis, W.: “Will the Sponsor yield?”

“She indicates she will.” Davis, W.: “Representative, does this also include or affect preservation at cemeteries?”

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

"To the Bill, Mr. Speaker.”

“To the Bill… or to the Amendment.”

"To the Amendment. I just wanna rise in support of the Amendment. I believe that we here in Illinois have a number of different monuments, tribute to our veterans that we need to be insure that we are preserving. Many of them are dilapidated over the years and we just need to do everything we can to remember those veterans who have served in our foreign wars. Many of these monuments are beyond repair and we need to do everything we can to restore them through private donations or whatever means possible. And I just stand in strong support of the Amendment.” 09400039.doc 206  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Seeing no further questions, the question is, ‘Shall Amendment #2 to House Bill 756 pass?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #2 passes. Further Amendments?”

Speaker Turner: “Third Reading. Representative Coulson on House Bill 2453. That’s page 15 of the Calendar, Mr. Clerk. 2453. Read the Bill.”

“Seeing no questions, the question is, ‘Shall Floor Amendment #1 to House Bill 2453 be adopted?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #1 is adopted. Further Amendments?”

“Third Reading. Representative Cultra on House Bill 2521. Read the Bill, Mr. Clerk, page 15 of the Calendar.”

“Seeing no questions, the question is, ‘Shall Floor Amendment #3 to House Bill 2521 pass?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #3 is adopted. Further Amendments?”

Speaker Turner: “Third Reading. Representative Moffitt on House Bill 3532, page 20 of the Calendar. Read the Bill, Mr. Clerk.”

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

“Seeing no further questions, the question is, ‘Shall the House adopt Floor Amendment #3 to House Bill 3532?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #3 is adopted. Further Amendments?”

Speaker Turner: “Third Reading. Representative Mathias on House Bill 3555, page 20 of the Calendar. Read the Bill, Mr. Clerk.”

“Seeing no questions, the question is, ‘Shall Floor Amendment #1 to House Bill 3555 pass?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #1 is adopted. Further Amendments?” 09400039.doc 209  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Third Reading. On page 14 in the Calendar, Representative Acevedo on House Bill 2414. Read the Bill, Mr. Clerk. Out of the record. Mr. Clerk, bring the Bill back, House Bill 2414.”

“Gentleman from Cook, Representative Acevedo, on Amendment #2.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The Amendment… I ask for the adoption of Amendment #2 would be added to House Bill 2414. Due to some concerns of my colleagues, language was added that ‘Events sanctioned by the Illinois Department of Natural Resources taking place at the Sparta Shooting Complex and transportation to and from such events if the weapons are broken down.’ This is just to secure that if DNR sanctions events at the sports complex downstate that they would be eligible to bring these weapons to and from the event if they are broken down. The other part, there were two parts of the languages that were removed. One was to ‘remove the police officers while in performance of their duties’. In another part there was concerns that a weapon that is used at the sporting event, it’s a rifle with a small pistol grip, that was taken out of the legislation, as well.” 09400039.doc 210  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Seeing no further questions, the question is, ‘Shall the House adopt Floor Amendment #2 to House Bill 2414?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”

“That Bill should remain on Second Reading. Representative Bradley on House Bill 805, page 5 of the Calendar. Read the Bill, Mr. Clerk. Out of the record. Oh, I’m sorry, wrong Bradley. Read the Bill, Mr. Clerk.”

“The Gentleman from Cook…” Bradley, R.: “Thank you, Mr. Speaker, Members of the House. Amendment #2 makes changes to the Copper Purchase Registry as agreed to by the State Police, utility companies, and metal dealers.”

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

“Seeing no further questions, the question is, ‘Shall Floor Amendment #2 to House Bill 805…’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”

“Third Reading. On page 8 of the Calendar, Representative John Bradley, we have House Bill 1080. Read the Bill, Mr. Clerk.”

“Out of the record. John Bradley, we have House Bill 1592, page 11 of the Calendar. Read the Bill, Mr. Clerk.”

“The Gentleman from Williamson, Representative Bradley.” Bradley, J.: “Thank you, Mr. Speaker, Members of the House. This is a Bill which we’ve done a lot of work on with several of the juvenile justice groups. To my understanding and knowledge at this time, we have eliminated all opposition to the Bill. And I would ask that it… the Motion… Amendment be adopted and receive a favorable vote on Third Reading.”

“Seeing no questions, the question is, ‘Shall Floor Amendment #1 to House Bill 1592 pass?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Floor Amendment #1 is adopted. Further Amendments?”

“Third Reading. Representative Smith, on page 21 of the Calendar, we have House Bill 3687. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Gentleman from Fulton, Representative Smith, on Amendment #2.”

“Thank you, Mr. Speaker. This is an Amendment that I promised we’d do in committee. It tightens up the definition of ‘technical rescue team’ and it also addresses 09400039.doc 213  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 the specific issue of the reimbursement for those teams. And this was something that we promised along with the Fire Chiefs’ Association in the State Government Administration Committee. And I believe this would address those concerns. I’d be happy to answer any questions.”

“Seeing no questions, the question is, ‘Shall Floor Amendment #2 to House Bill 3687 pass?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”

“Third Reading. On page 26 of the Calendar, Representative Jerry Mitchell on House Bill 2946. Read the Bill, Mr. Clerk.”

“Gentleman asks leave to table Amendment #3. All those in favor say ‘aye’; all those opposed say ‘no’. Opinion of the Chair, the ‘ayes’ have it. Amendment #3 is tabled. Further Amendments?” 09400039.doc 214  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Gentleman from Lee, Representative Mitchell.” Mitchell, J.: “I’d just like to put that Amendment on there. That takes away a 30-pound weight limit on the Bill.”

“Seeing no further questions, the question is, ‘Shall House Amendment #4 to House Bill 2946 pass?’ All those in favor say ‘aye’… be adopted… All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #4 is adopted. Further Amendments?”

“Third Reading. Representative McCarthy on House Bill 3488. Read the Bill… page 20 of the Calendar. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Amendment #1 to House Bill 3488 basically takes the Health Services Education Grants Act and says that we’ll take 10 percent of the money and allow the Board of Higher Ed, after they determine the medical needs of our state, to kind of direct that funding in to service areas that are determined to be more needy, such as nursing or cardiology or whatever. Currently, there’s just a set formula for it, 90 percent of the money will stay in that 09400039.doc 215  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 formula and with this Amendment, it’s basically an agreed Bill and there are no known opponents. It actually was a pretty good Bill, it passed 9 to 2 out of committee as is, but I’m very proud that the Board of Higher Ed and the Federation for Independent Colleges and Universities got together and worked it out, came up with this 10 percent solution. I think it’s a great solution and I would ask you to adopt the Amendment.”

“Seeing no further questions, the question is, ‘Shall the House adopt Amendment #1 to 3488?’ All those in favor should say ‘aye’; all those opposed say ‘no’. Opinion of the Chair, the ‘ayes’ have it. And Amendment #1 is adopted. Further Amendments?”

“Third Reading. Representative Rose on House Bill 3528, page 2 of the Calendar. Read the Bill, Mr. Clerk.”

“Third Reading. Representative Feigenholtz on House Bill 3628, page 21 of the Calendar. Read the Bill, Mr. Clerk.”

“Representative Feigenholtz, on Amendment #2.”

“Thank you, Mr. Speaker. Floor Amendment #2 to House Bill 3628 includes cleanup language provided by Chicago Bar Association, some suggestions from the Child Care Association. And I’d be glad to answer any questions.”

“Seeing no questions, the question is, ‘Shall House adopt Amendment #2 to House Bill 3628?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”

Speaker Turner: “The Lady from Cook, Representative Feigenholtz, on Amendment #3.”

“Same for Amendment #3, another cleanup Amendment that eliminates something that we felt might be unconstitutional.”

“Seeing no questions, the question is, ‘Shall Floor Amendment #3 to House Bill 3628 be adopted?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #3 is adopted. Further Amendments?”

“Third Reading. On page 20 of the Calendar, Representative Bill Mitchell on House Bill 3523. Read the Bill, Mr. Clerk.” 09400039.doc 217  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05

“Third Reading. Representative Schock on House Bill 3867. Read the Bill, Mr. Clerk. It’s on page 22 of the Calendar.”

“Third Reading. On the Order of… page 28, on the Order of Third Reading, we have Representative Monique Davis on House Bill 3802. Representative Davis, 3802. This is on the Order of Consideration Postponed. Are you ready to call that today or do you wanna wait?” Davis, M.: “I’ll wait.”

Speaker Turner: “Take the Bill out of the record. Representative Saviano on House Bill 875. That’s page 5 of the Calendar, Mr. Clerk. Read the Bill, Mr… Mr. Clerk.”

“Gentleman from Cook, Representative Saviano.”

“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #1 to House Bill 875?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #1 is adopted. Further Amendments?”

“Third Reading. On page 33 of the Calendar, we have House Bill 1441, Representative Beaubien. Read the Bill, Mr. Clerk. Representative… Representative Beaubien moves to table House Bill 1441. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the Motion to Table, the ‘ayes’ have it. And the Mo… the Bill will be tabled. On page 33 of the Calendar, we have 1573, Representative Flider. Representative Flider moves to table House Bill 1573. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And House Bill 1573 is tabled. Mr. Clerk is we have House Bill 1599… 1999, Representative Jefferson. Representative Jefferson moves to table House Bill 1999. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Bill 1999 is tabled. We have House Bill 2018, Representative Jefferson. Read the Bill, Mr. Clerk. Representative Jefferson moves to… to table House Bill 2018. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And… House Bill 2018 is tabled. Mr. Clerk, we have House Bill 2403, Representative Beaubien. 09400039.doc 219  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 Representative Beaubien moves to table House Bill 2403. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Represent… House Bill 2403 is tabled. Mr. Clerk, we have House Bill 2465, Representative Howard. Representative Howard moves to table House Bill 2465. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Bill 2465 is tabled. Mr. Clerk, we have House Bill 2466, Representative Howard. Representative Howard moves to table House Bill 2466. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Bill 2466 is tabled. Mr. Clerk, we have House Bill 2494, Representative Beaubien. Representative Beaubien moves to table House Bill 2494. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amend… and the Bill will be tabled. Mr. Clerk, we have House Bill 2552, Representative May. Representative May moves that we table House Bill 2552. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Bill 2552 is tabled. Mr. Clerk, we have House Bill 3877, Representative Mautino. Representative Mautino moves that the House table House Bill 3877. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Bill 3877 is tabled. Mr. Clerk, we have House Resolution 265 by Representative Dunn. Representative Dunn 09400039.doc 220  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/13/05 moves that we table this Resolution. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Resolution 265 is, in fact, tabled. Mr. Clerk, could you read the Committees Re…”

“And now, allowing for perfunctory time for the Clerk, Representative Lang moves that the House stands adjourned until Thursday, April 14, at the hour of 12 noon. The House will stand adjourned until Thursday, April 14, at the hour of 12:00. And now, the House is adjourned.”