Illinois House Floor Debate — April 14, 2005

“The hour of 12:00 having arrived, the House will be in order. The Members will please be in their seats. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers and rise for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Reverend Rebecca Gordon with Nativity Lutheran Church in Wonder Lake. Reverend Gordon is the guest of Representative Franks.”

“Let us lift our hearts before the One who is all loving and all powerful. Loving and merciful God, we give You thanks for this day and the world that You have created for us to enjoy. We give You thanks for the blessing and privilege of meaningful work, of strong and supportive communities, of family, friends and neighbors. We give You thanks for these public servants who are gathered here. Guide them with wisdom, skill and vision as they seek to build up people and communities, to build up infrastructure and industry. Give them courage, empathy and honesty as they make decisions about social welfare, economics and education. Make them trustworthy in their representation of all people so that the greatest good is sought for our society. Keep foremost in their minds those who are poor and hungry, the care of our natural world and perception of those people and things most vulnerable to exploitation. Give these leaders rest and refreshment they need to care for themselves and their families with the responsibility and burden of their work when it strains them. We pray for their spouses and 09400040.doc 1  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 families and others who love and support them that they would be kept in strength and love. We pray for the nations of the world, for peace where there is strife and division, for comfort and safety for those who are forgotten, hungry, oppressed and homeless. We pray also for our President. Give him and the leaders of our nations discernment, understanding and knowledge so that our nations may know stability and well-being, internally and abroad. We pray for the staff, aides and for though all those who keep these buildings clean, inviting and functional. For though all those who work so hard behind the scenes to support the work that is done here. Again, we pray for those gathered here. Bless them with Your presence this day as they set about the work and the decisions that they have before them. Keep us always in the arms of Your care. Amen.”

Speaker Hannig: “And we’ll be led in the Pledge today be Representative Rita.” Rita – et al: “I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

“Roll Call for Attendance. Rep… Representative Currie.”

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

“And Representative Bost.” 09400040.doc 2  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Thank you. The record will so reflect. Mr. Clerk, take the record. On this question, there are 117 Members answering the Roll Call, a quorum is present. Representative Jefferson, for what reason do you rise?”

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

“State your point.”

“Just want to recognize from the great City of Rockford, Illinois, all these great students that have come all the way from AC Thompson School under the tutelage of their principal Emma Gentry. They’re in the balcony up here to my right. I would ask that you would give them a warm welcome to the House of Representatives. Oh, to my left.”

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

“On a matter of personal privilege, Mr…”

“State your point.”

“Visiting with us today and in the balcony is the St. Clair County Chapter of Jack and Jill of America. Their sponsor is Pam Madding. They are students from O’Fallon High School, Bellville East, Pontiac Junior High and Fulton and Whiteside. Let’s give them a warm welcome.”

“Representative Jakobsson, for what reason do you rise?” 09400040.doc 3  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Thank you, Mr. Speaker. I rise on a point of personal privilege.”

“State your point.”

“I’d like to introduce to you today a wonderful group of young women who are here from Urbana and Champaign. They are students at Home High and they’ve got wonderful teachers and parents and sponsors who’ve brought them here today. And they’re here to see Springfield, our great Capitol and to observe what we do here in this great Body. Please give them a warm welcome.”

Speaker Hannig: “Mr. Clerk, would you read the Committee Reports?”

Speaker Hannig: “Representative Beiser, on page 22 of the Calendar you have House Bill 2241. Mr. Clerk, read the Bill, please. 2241.”

“Representative Beiser.”

“Thank you, Mr. Speak… Thank you, Mr. Speaker. I rise asking for everyone’s favorable consideration of House Bill 2241 as amended. Basically, it’s the Senior Amber Alert Bill. The Amendment addressed concerns by the State Police. I’ll be brief. I’ll answer any questions that anyone may have. Thank you.”

“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’. 09400040.doc 7  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mulligan, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mulligan.”

“Okay.”

“We’ll have the electrician take a look at your switch and we’ll try to… try to work with you. Repre… Okay. Mr. Clerk, read the Committee Reports.”

“Representative Berrios for what reason do you rise?”

“Point of personal privilege.”

“State your point.”

“As you may or may not be aware, April 2005 was commemorated as Car Care Month by House Resolution 107. In keeping with the spirit of that Resolution, my car care tip for today is about hydraulics. In today’s society many vehicles are equipped with hydraulics. Sudden failure of hydraulics could result in loss of control of these vehicles. Also, serious injury could result from being sprayed with hot, high pressure hydraulic fluid. So, it is important for any of you with this equipment to inspect it regularly. Check for holes or leaks by holding a piece of cardboard above the hoses, keep hands clear of hydraulics, hydraulic leaks using the hand can cause ser… can result in serious burns or in hydraulic fluid being injected directly into the hand. This and other simple and inexpensive preventive checks will greatly extend the life and safety of you and your vehicle. Thank you.”

“I think that was the best yet, Representative Berrios. Representative Bradley, John Bradley, on page 22 of the Calendar is House Bill 1592. Mr. Clerk, would you read the Bill.”

“Representative Bradley.” Bradley, J.: “Thank you, Mr. Speaker. This is a Bill to try to deal with the issue of chronic truancy. The Bill went through several different forms and I kept an open mind about it and discussed it and dealt with several of the juvenile justice groups around the state. And as a result of that we’ve come out with some language which I… I believe is agreeable with everyone. Basically, it gives us different remedies and different opportunities to deal with chronic truants in ways that would help reform and rehabilitate these children so they can become productive members of society. I would ask for an ‘aye’ vote at this time. Thank you.”

“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? Have all voted who wish? Representative Meyer and Millner. Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bradley, you also have House Bill 2412. Okay. Out of the record at the request of the Sponsor. And Representative Rich Bradley, you have House Bill 805. Mr. Clerk, read the Bill.”

“Representative Bradley.” Bradley, R.: “Thank you, Mr. Speaker and Members of the House. 805 simply makes some changes to the Copper Purchase Registry as agreed to by the State Police, utility companies and metal dealers resulting in a more efficient use of this program. Appreciate your support.”

“The Gentleman moves for the passage of House Bill 805. This is on the Order of Short Debate. Anyone stand in response? Then 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 Jefferson and Millner, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Brosnahan on 3596. Mr. Clerk, read the Bill.”

“Representative Brosnahan.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3596 amends the Public Aid Code. This legislation deals with children with severe and chronic health problems. We’re only talking about severely disabled children. Currently, the Public Aid Code provides benefits to these children who require level of care provided by a hospital, skilled nursing facility or an intermediate care facility, but the disabled person is 09400040.doc 11  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 receiving this care at home. These benefits continue until a disabled person reaches the age of 21 years. It’s also known as the Katie Beckett Medicaid Waiver. Once these individuals age out of the waiver program their status changes, the cost comparison becomes inpatient nursing home care rather than inpatient hospital care. With the decrease of these benefits we see that these families are being forced to make very, very difficult decisions and sometimes that includes putting their children, their adult children, into nursing homes after caring for them for many years at home. Under this legislation, it requires the Department of Public Aid to apply for a federal Medicaid waiver under Section 1915 of the Federal Social Security Act to serve medically-fragile, technology-dependant individuals age 21 and over who have been receiving home- based nursing home care under the current children’s waiver and who require the continuation of that level of care so that these individuals can avoid unnecessary institutionalization. We’re not saying that everyone that’s in the children’s waiver would qualify for this. We have tried to… to work on this for a number years in limit to bring down the cost. I think we’ve been successful in doing that. I’ve had this legislation a number of times in the House. And I would be happy to answer any questions.”

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

“He indicates he’ll yield.” 09400040.doc 12  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Representative Parke, the fiscal note of 25 or 26 million is absolutely ridiculous. The person that… that found that it costs 25 or 26 million obviously did not read this legislation. We asked the Department of Human Services who filed the note, who has never filed a note on this in the past, we’ve asked them to… to tell us how it could cost 26 million. One of their responses was that their… this is DHS saying that there are approximately 150 adults currently in the home services program that received exceptional care rate due to being medically-fragile, technology-dependant. They’re saying that these hundred and fifty customers, these hundred and fifty adults could apply for this and that they would be… it would cost the department over $19 million to provide care for them. However, the legislation says it only applies to individuals who participate in the DSCC waiver. So, the hundred and fifty customers they’re talking about that are going to cost 19 million, they don’t even qualify under this Bill. So, that’s completely wrong. Also, the federal waiver approval is conditioned upon cost neutrality. The… the language of the legislation by its very terms, the Bill requires that the cost of home-based care not exceed the cost of comparable institutionalized care that the individual will need if the home care is not offered. The 09400040.doc 13  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Department of Public Aid has filed a note that says that the cost would be between, I believe, 600 thousand and 1.2 million. That’s a much more realistic note. Even that, I think, ya know, may be on the high end, I’m not sure. But I… I think between 600 thousand and 1.2 million, which is what the DPA’s note is, that’s a lot more realistic than this $25 million figure that was filed by DHS.”

“Yes, it is.”

“And this is on Short Debate and Representative Daniels will be recognized to close. Representative Daniels.”

“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? Representative Cultra, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 117 09400040.doc 14  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 21 of the Calendar, Representative Brady. Representative Brady, you have House Bill 914. Mr. Clerk, read the Bill.”

“Representative Brady.”

“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… have all voted who wish? Have all voted who wish? Have all voted who wish? 09400040.doc 15  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Representative… Okay. Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Coulson, you wish us to call House Bill 2453? Mr. Clerk, read the Bill, please.”

“The Lady from Cook, Representative Coulson.”

“This is on the Order of Short Debate. Does anyone stand in response? Then the question is, ‘Shall this Bill pass?’ All in favor… Excuse me. Representative Parke, did you wish to stand in response?”

“She indicates she’ll yield.” 09400040.doc 16  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Representative Coulson to close.”

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Meyer and Millner, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 315.”

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

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Floor Amendment #3 is brand new language in the Spay and Neuter Bill. If the Members would remember the last discussion there was a fee involved and the Bill was on Postponed Consideration. All that language has been removed. We now have gained the support of the veterinarian community and there was only one individual in opposition and that’s the Department of Public Health. And their concern was strictly with respect to where the authority would rest. So, I would ask for the Body’s favorable consideration.”

“The Gentleman moves for the adoption of Floor Amendment #3. And on that question, the Gentleman from Cook, Representative Parke.”

“He indicates he’ll yield.”

“Yes, Representative Parke, the veterinarians were opposed and a number of other individuals were opposed due to the imposition of a $3 fee that would have been collected at the point of vaccination. That has been eliminated, that’s removed from the language of the Bill.”

“Yes. That’s how they hope to fund the fund that would be created to provide for free spaying and neutering services.”

“Not that I’m aware of, no. There’s no language in there.”

Speaker Hannig: “Any further discussion on the Amendment? Representative Black is recognized.”

“He indicates he’ll yield.”

“We… given the very serious nature of what can occur as a result of these stray animals in our communities across that state, we consider it to be a public safety initiative to control these stray animals and that’s why we identified the Department of Public Health. And they indeed have voiced their opposition, insisting that it should be in the Department of Agriculture. Now, the way we had inter… interpret this language is saying again, very basically, a public safety concern. And our thinking is that it properly should be in the Department of Public Health.”

“From what I understand they’d have to create a new entity that would be managing or administering this particular activity. But frankly, Representative, I don’t care what agency would govern this activity. To me, the goal of the legislation is sufficient… I don’t care what agency would administer this.” 09400040.doc 20  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“So, I would have no objection in… in changing that.”

“I’d be happy to…”

“…discuss the matter…”

“…with you further.” 09400040.doc 21  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“So, now under the rules of debate, two have spoken in response. So, the question is, ‘Shall the Amendment be adopted?’ All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Collins, you have House Bill 1397. Mr. Clerk, read the Bill.”

“The Lady from Cook, Representative Collins.”

“Yes, thank you, Mr. Speaker. This Bill… it just adds an integrated assessment to the kids who are already in foster care, those older children that’s hard to place. So, the department is gonna now work with the Department of Children and Family Services, probation, any… educational department, any services that are needed to make that kid’s life adjustment really well. So, we 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 117 voting ‘yes’ and 0 voting ‘no’. And this Bill having received a Constitutional Majority is hereby declared passed. On page 09400040.doc 22  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 9 in the Calendar is House Bill 1535. Mr. Clerk, would you read the Bill.”

“Third Reading. On page 23 of the Calendar is House Bill 2521. Representative Cultra, do you wish us to read that Bill? Mr. Clerk, read the Bill. Okay. Mr. Clerk, move this… this Bill back to the Order of Second Reading at the request of the Sponsor. Is that correct? No? Excuse… let’s… let’s take it out of the record and we’ll try to figure out what’s going on here. Representative Davis, on page 22 of the Calendar is House Bill 2408. Representative Monique Davis. Okay. Mr. Clerk, read the Bill.”

Speaker Hannig: “This is on the Order of Short Debate. Representative… does anyone speak in response? 09400040.doc 23  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Representative Howard, would you like to close? Can Representative Howard close? Representative Howard.”

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

“Okay. The Sponsor will yield.”

“Representative Davis, tell me how this program will work to make certain that we eliminate the digital divide.” Davis, M.: “Well, the program will allow families who cannot afford computers to have a small subsidy, no more than $225, with the express need of purchasing a computer and, you know, using it at home. It could be used or new.”

“I think it’s a wonderful program. Thank you so much. To my colleagues. We are going to have to make some real serious decisions about how we want to not leave people behind in this state in terms of computers and the Internet. This is certainly a Bill that will go a long way toward helping us to do that. I urge you to vote ‘yes’ on House Bill 2408. Thank you.”

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Meyer. Representative Meyer, you having trouble? Rep… record Representative Meyer ‘yes’ and then have the electrician take a look at his switch. Okay? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Will Davis, on page 11 of the Calendar you have House Bill 1680. Out of 09400040.doc 24  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 the record at the request of the Sponsor. Representative Daniels, you have on page 9 in the Calendar House Bill 1450. Mr. Clerk, read the Bill.”

“Representative Daniels.”

“The Gentleman moves for the adoption of Floor Amendment #2. On that question, Representative Black. Okay, not Representative Black. Any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”

“Third Reading. Representative Eddy, would you like us to read House Bill 690? Mr. Clerk, read the Bill. 690.”

“Representative Eddy.”

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

“Will the Sponsor yield?”

“Indicates he’ll yield.”

“How ya doin’, Representative? Good morn… good afternoon. What… what was the genesis of this?”

“In the composition of the board, is this in line with similar… with similar finance authorities?” 09400040.doc 26  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“To the Bill.”

“To the Bill.”

“I support economic development and finance authority, I think it’s a wonderful tool for communities. Last year you mentioned… Representative Eddy mentioned Representative Grunloh in Southern Illinois. And I think this is a wonderful tool. However, I have House Bill #5 which… which has an Economic Development Finance Authority in urban area of the south Cook region of south suburban Chicago. In that area we have five of the poorest communities in Chicago and in the entire region and arguably the state. I would like to see Members on both sides of the aisle and all parties support this type of effort as we will. And I’m sure this Bill will pass unanimously in our region of the state, too. Thank you.”

“Representative Eddy to close.”

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Giles, would you like to be recorded? Representative Stephens. Okay. Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 1475.”

“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? Mr. Clerk, take the record. On this question, there are 76 voting ‘yes’, 41 voting ‘no’ and 0 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 2 of the Calendar is House Bill 2. Mr. Clerk, read the Bill.”

“Third Reading. Representative Feigenholtz, would you like us to call House Bill 3628? Mr. Clerk, read the Bill.”

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

“Thank you, Mr. Speaker. House Bill 3628 is one of the final products of what’s been a year-long effort to try and reform adoptions in the State of Illinois. This week many of you met little baby Tamia, who is one of our youngest and most effective advocates. I can’t help but talk about how this adorable child who was here this week giggling after quite an ordeal and I’m hoping that she doesn’t really remember what she’s been through, but her 09400040.doc 29  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 family will. And for the rest of their lives they’re gonna remember what happened to her. House Bill 3628 is a Bill that attempts to protect adoptive families and birth families in the State of Illinois to set a much higher standard for how adoption providers provide those services in the State of Illinois. And I’d like to thank all of the members of the committee who very quickly huddled with me and talked about some of the problems we were facing in the state. And the Governor and Lisa Madigan and the Department of Children and Family Services for working so diligently on this Bill with me. I’d be glad to answer any questions. And I just want everyone here to know that ultimately what we’re trying to do is make Illinois an adoption-friendly state so that we don’t have to have perspective(sic-prospective) adoptive parents turning the television on and seeing some of these harrowing… harrowing situations that happened to our adoptive families and birth families and that we are a… an adoption-friendly state. I’d be glad to answer any questions.”

“Okay. This is going to be moved to the Order of Standard Debate. And on that question, Representative Beaubien is recognized.”

“She indicates she’ll yield.”

“No, Sir, it does not.”

“Representative Miller. Sponsor will yield.”

“Representative Feigenholtz, can you detail quickly some of the provisions in this?”

“I’d be glad to, Representative Miller. There’s a lot in this Bill and I’m glad that you asked that. The… the first thing that we’re doing, Representative Miller, in this Bill is we’re establishing a complaint registry within the department with a toll-free telephone number where birth families and perspective(sic-prospective) adoptive parents can access substantiated licensing violations. In order to curtail some of the behavior that occurred during the baby Tamia case, even though the agency was an out-of- state agency, we’re following the lead of a few other neighboring states who have banned unlicensed companies from advertising adoption-related services in the State of Illinois. And making sure that when they advertise that their license number is on… in the ad so that there is a connection to DCFS and they could also call in. We’re also requiring service providers to disclose their policies and fees in advance of adoption proceedings. Very often, we have adoptive families walking into agencies not knowing what to expect. We want full and fair disclosure up front for those fees.”

“What… what… just let me interrupt one second. When you talk about fees, how… I mean, what are you… what is the average or what are you talking about in terms of… the… the department or just the process to somebody for… to adopt a child?” 09400040.doc 31  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“I’m sorry, I can’t hear you.”

“The fees that you’re referring to, is it… is it towards the… towards regulation of this Act or the adoption process?”

“The… the adoption process at that agency, at that particular agency.”

“Okay. Any other provisions?”

“I’m sorry? Other provisions of the Bill? It prohibits providers from compelling or enticing birth parents to waive their rights at a… any legal rights at an agency. And it… it makes every agency… it asks every agency to have an internal complaint procedure file. But the… the overarching theme of the Bill, Representative Miller, is that we’re… we are departing from… what we’re really doing is we’re focusing on children and we’re asking that every licensed child welfare agency who places children to become a 501(c)(3) not-for-profit.”

“And… and you feel that’s the root of the problem, particularly with the baby Tamia situation, that… that that adoption was profit driven as opposed to have caring for the child?”

“Well, I… I think that, you know, it wasn’t just the baby Tamia situation that has led many of us in the adoption arena to believe that if we had charitable missions focused on children, if there were independent boards and annual reports and 990s filed that there’d be more transparency in the system. And it’s… it’s actually more of a public… public experience so that we know what 09400040.doc 32  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 agencies are up to because, ultimately, we want to be able to provide the gold standard of adoption here.”

“To the Bill, Mr. Speaker.”

“To the Bill.”

“I had the opportunity of meeting the grandmother of baby Tamia outside in the hallway and… and actually to my know… to my unawareness it’s actually one of my former patients. And when we talked, she had indicated, ya know, it was a happy ending to this long story to a very tumultuous situation that could have ended in a very tragic situation. You know, sometimes these things happen and I believe good things can come out of it. And one of the good things is this Bill. And… and… and across the country and our region the adoption laws are not uniform and that’s part of the problem which this Bill tries to help address. As uniformity among states will help a long way to deciding how children are adopted, what fees are there and also just making the process that at the end of the day that everybody at least may not be so hap… happy with the adoption process but at least know that it was fair and open. This is… this Bill is long overdue and I ask for all Members to support the legislation.”

“Okay. We’ve now had Representative Miller speak in favor, Representative Beaubien spoke in response, Representative Black is recognized. Are you in favor or in response, Representative Black?”

“Okay. Proceed.” 09400040.doc 33  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“She indicates she’ll yield.”

“I… ya know what, Representative Black, if I knew a few more particulars about his program, if you could elaborate a little bit, I might be able to answer that. I don’t know who you’re talking about or what program that is.”

“But, if it’s a church it’s already a 501(c)(3), I believe.”

“Right. No…”

“Right.”

“Representative Black, I have been… I see Lou Jones shaking her head up and down that Father… it was Father George Clemens, right? And that his church is or was a 501(c)(3). And as you know… as you and I discussed when we visited the other day, one of the things that I definitely want to accomplish in this Bill is to make ado… adoption a cho… a safe choice and option. There’s nothing else… there’s nothing in this Bill that intentionally is going to prohibit families from adopting. But… but, as you know, as an adoptive parent and I as an adoptee, I think all of us are… who are in the triad are very, very sensitive to news stories… adverse news stories about bad adoptions. And I think that when perspective(sic- prospective) adoptive families, whether it be in One Church One Child Program or people who wanna adopt privately, see these kinds of stories in the news they are chilled by some of the activity that goes on. And it is not the intention of this Bill at all to curtail the adoption practice. It is our intent essentially to make it a safer one for children, birth families and adoptive families. And we’re 09400040.doc 35  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 hoping that that’s what this Bill will attempt to accomplish.”

“Yes.”

“We did it yesterday.”

“Well, actually Floor Amendment #3 was something that would have… it removed the 72-hour portion of the Bill. What we were trying to do is… and what we’re trying to do as Representative Miller was talking about earlier… it’s very difficult to tell out-of-state adoption agencies what to do. And of course, because we’re in the modern age and a lot of children are born here or are being adopted in other states, we are part of the interstate compact, but what we were attempting to do…”

Speaker Hannig: “Representative Black, your… your time has expired. Could you bring your remarks to a close, please?”

“Yeah, that sometimes happens.”

“Okay.”

“We took the 72-hour provision out of it.”

“Correct.”

“Correct.”

“But…”

Speaker Hannig: “Representative Lindner, do you stand in support or in response?”

“Okay. Represen…”

“Under the Order of Standard Debate, we’ve now had two speak in favor; two speak in response. Does anyone else wish to speak against the Bill? Then Representative Feigenholtz is recognized to close.”

“Thank you, Ladies and Gentlemen. This Bill has a long, long list of proponents: the Illinois State Bar Association, the Child Welfare League of America, again, the Governor, the Attorney General, State’s Attorney Richard Devine and DCFS. It is a… a response to a bunch of committed people who want to see Illinois become at… at the forefront of adoption to date… at the forefront of adoption in this country. Adoption’s a very emotional and 09400040.doc 38  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 vulnerable time for birth families and adoptive families. Really, what we’re trying to do in this Bill is ensure that we have protections in place in the law so that this is an incredible and wonderful decision in the lives of family building and people who want to do it. I’d appreciate an ‘aye’ vote.”

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Represen… Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read House Bill 1870 for Representative Monique Davis. Representative Monique Davis.”

“Representative Davis.” Davis, M.: “Thank you, Mr. Speaker. This is… this Amendment merely asks those who are bringing parents into court to allow the defense attorney to know which 9-month period they’re speaking of when they’re going in in an attempt to terminate parental rights. The 9-month period will be designated by the prosecuting attorney, but it will give the defense attorney an opportunity to defend his or her 09400040.doc 39  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 client. The Bill came out of committee without any opposition. And I’d be happy to answer any questions.”

“The… the Lady moves for the adoption of Floor Amendment #1. And on that question, the Gentleman from Cook, Representative Parke.”

“She indicates she’ll yield.”

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

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

“State your point.”

Speaker Hannig: “Thank you, Representative Reis. Now, returning to the regular order of business, Representative Flider has on page 6 of the Calendar House Bill 1038. Mr. Clerk, would you read the Bill.”

“Okay. Let’s… let’s take this out of the record at the request of the Sponsor. Representative Flider, how about House Bill 1463? Mr. Clerk, read the Bill.”

“Representative Flider.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the chamber. House Bill 1463 is an initiative that was brought 09400040.doc 43  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 to my attention at the request of the Decatur Public School District and its dropout task force. And it is designed to help us alleviate the impact of a high dropout rate. And in Decatur our dropout rate is higher than the state average. And in Illinois, the dropout rate is among the highest in the nation. And recent statistics that I’ve seen show that we are the seventh highest in the nation. And this Legislature and… and we in the General Assembly and we here who go back to our communities do so much to do everything we can to capture the hearts and minds of our students, make sure that they stay in school, they understand the meaning of a good education and that they do all the right things so that they get their degree so that they can be productive citizens. And one of those things that a student will often look forward to, particularly beginning in the junior high years is receiving your driver’s license. And we know that because of the graduated driver’s license provisions in our state, we… our… our children can get a driver’s license through a course of instruction. If they’re 16 years old, they can get their driver’s license two years early because they’ve taken the… the driver’s license program and test. The objective of this legislation is for students to stay in school. And… so that if they stay in school, they continue to do good work and… and work as hard as they can, then they will be able to maintain their driver’s license. And this legislation further provides that if a student is not able to stay in school due to some kind of hardship like… 09400040.doc 44  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 like… well, a family emergency, some sort of a similar situation as determined by the school district or a student must go to work and not… is not able to stay in school due to marriage or some other hardship or a student is working on their GED or is in alternative school then they would not be… this legislation would not apply to them. Additionally, the legislation ensures that if a student is in school they can get their driver’s license permit. However, if they were chronically truant and in the case of a chronic truant are not able to actually go through the driver’s education class and… and participate in the requirements, then they would not be able to maintain their driver’s license permit. This is not a new idea, other states have done it. It’s called, no pass, no drive. And I would encourage the support of the Body. Thank you.”

“This is on the Order of Short Debate. Does anyone stand in response? Representative Winters, would you like to close? I see you’re a cosponsor…”

“…so why don’t you just close.”

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Represen… Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’, 1 voting ‘no’ and 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Fritchey, would you like to call House Bill 1633? Mr. Clerk, read the Bill.”

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

“Thank you, Speaker, Members of the Body. We touched on this measure briefly yesterday during the Amendment. This is legislation aimed at what most of you will know as, the choice point issue. The reality is that it’s much broader than that, as is the issue of security breaches and identity theft. In 2005 alone, security breaches have affected over 18 million people in this country. These are not just small companies that have been tampered with, it’s large companies as well. If you read the news yesterday you would see that LexisNexis just had records of over 300 thousand people that were appropriated from their records. Out of those 300 thousand, over 8 thousand of them were our constituents. Up until recently the only state that really had legislation dealing with this was California. Washington also enacted legislation. But as the issue of 09400040.doc 46  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 identity theft has grown, as awareness of the problem has grown, as awareness of how to handle the problem has grown, a number of states, including us, are now attempting to deal with this issue. This legislation has been negotiated, I believe it will continue to be negotiated. But what we are doing essentially is something very simple. We’re saying that if a company has notice that person… personal, identifiable information about their customers has been obtained by an outside source, that they need to take steps to notify those companies. We’ve talked about what triggers those steps… or what… that notice. We talked about what steps that need to be taken. We have curtailed the Bill and modified the Bill significantly. But I have made a commitment to the opponents. And let me tell you right now, there are opponents to this measure. But I have told them that we will continue to try to work with them. I am not guaranteeing an agreed Bill, I am guaranteeing continued efforts to try to reach further resolution to take a good piece of legislation and make it better. I’d be happy to answer any questions on this. Thank you.”

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

“He indicates he’ll yield.”

“There… there… there are still opponents in the legi… to the legislation. Most notably or most actively are the people that raised concerns from the Illinois Chamber to the Illinois Bankers Association. I’ve met with individuals from Citicorp and from Microsoft. I’m happy to say that they’ve taken me at my commitment, while not a guarantee of agreement, but there will be continued meetings when this Bill goes over to the Senate. I think all of us agree that there is… that this is an issue on which we need to take action. What that specific action is is subject to debate. But there are opponents and they have acknowledged that they think that this Bill is going to come out of the House. They agree that they want legislation. What that legislation will look like at the end of the day, is still subject to debate.”

“I… I’ve been asked to personally participate in the negotiations. I’ve agreed to do that. The Attorney General’s Office has been taking a very good lead on this. 09400040.doc 48  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Illinois PIRG been very active. The interest groups, I don’t want to say on the other side, the interest groups that are affected have been very active because it’s an important issue for all of us and we want to make sure that we get it right. Some had said, let’s just take what California had done and roll that out. We went beyond that, we’ve scaled back. My belief isn’t that we should simply replicate what another state has done, we should put forth the best model that we can and hope we have that legislation be a model for other states to follow. Now, this is being looked at the state… at different state levels in about a dozen different states. It’s being looked at by the Federal Government. But we hope that we can come up with a piece of legislation that other states and maybe even the Federal Government will look to and say, this is the right way to address this problem that addresses the issues of business… of the business community. But as importantly or more importantly protects consumers. The issue isn’t how to help consumers once they become the victims of identity theft, the issue is what do we do to protect them from becoming a victim of identity theft in the first place.”

“To the Bill.”

Speaker Hannig: “Representative Fritchey is recognized to close.”

“Thank you… thank you and I appreciate the prior speaker’s comments. And he… he is correct. I don’t think anybody, including the Bankers Association, has felt that there’s anything here that can drive banks out of business by any means. At the risk of speaking for the Bankers Association, they have expressed their willingness to continue to talk and an eagerness to continue to talk that obviously can only happen if this Bill continues to go forward. It’s easy for all of us and especially myself at times to engage in hyperbole, but I think it’s a safe statement to say that this may be one of the most important consumer Bills that we deal with this Session. So, I’d request your ‘aye’ vote. Will this Bill come back? Almost 09400040.doc 51  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 assuredly, but we need to keep it going forward right now. Thank you.”

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 96 voting ‘yes’, 12 voting ‘no’ and 9 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Flowers, on page 23 of the Calendar you have House Bill 2547. Mr. Clerk, read the Bill.”

“Representative Flowers.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 2547 comes from the Department of Human Rights. And it merely clean up some technical language in regards to who can bring a case forward and the question of their credibility. And I’ll be more than happy to answer any questions you have in regards to House Bill 2547.”

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

“She indicates she’ll yield.” 09400040.doc 52  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Representative, when I brought this Bill before the committee I was not aware of any opposition. And again, this came from the department as a result of a court finding. And we’re merely cleaning up the language that was found in the court ruling. We’re concurring with what Cooper v. Salazar. The Federal District Court permanently enjoined the department from… enjoined the department from considering questions of credibility in determining whether there is a substantial evidence of a violation of this Act.”

“I’m sorry? What…”

“Yes.”

“Let me in… in… the Illinois Department of Human Rights provides that a determination of substantial evidence included determinations of material issues on question of credibility. And there was a court ruling dealing with Cooper v. Salazar. And the Federal District Court permanently enjoined the department from considering questions of credibility in determining whether there is substantial evidence of a violation. Because the department is enjoined from making credibility determination, this Bill eliminates the language providing 09400040.doc 53  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 that question of credibility to be considered in determining whether there is substantial evidence of a violation of that act in consistence with Cooper v. Salazar.”

“No… no. What… Representative, what’s being said here is that you don’t judge a book by looking at its cover. If I bring to you a complaint and you are the Department of Human Rights, don’t look at me and judge whether or not what I’m saying is credible. I’m saying, investigate. And then upon investigation then you can do… deal with your elimination. But in the meantime, you have the right because I’ve brought this suit forward to investigate.”

“Representative Black.”

“She indicates she’ll yield.”

“I’m sorry. The… what was your question again, please? I didn’t hear you.”

“Right.”

“Right.”

“Well, let me just read to you what I have here. Where there is a question of credibility, the department 09400040.doc 55  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 makes a substantial evidence finding and files a complaint with the Department of Human Rights… I’m sorry with the Human Rights Commission where there’s a trier of fact and they may consider the question of the credibility or not. So, it’s not like we’re striking it altogether. It’s moving from the Department of Human Rights, then it goes to the depart… the Human Rights Commission and there as a trier of fact they will determine. But the fact of the matter is if I come forward and complain to you about something that happened, you cannot just look at me because of how I look or the way I dress or the way I sound or my dialect and make a decision that what I’m saying is not credible. There must be a trier of fact, there must be some evidence before you can come to this conclusion.”

“And… and you’re right and I…”

“…Excuse me, you’re absolutely right.”

“And I said that there must be… you cannot just from the onset make that decision. There must be substantial evidence in your finding to make the credibility determination. I should have my day or there will be some type of… as I… I’m gonna read to you verbatim that the 09400040.doc 56  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Human Rights Commission where a trier of fact may consider… they may consider the question of credibility.”

“Yes.”

“To the Bill.”

“Representative Black, could you bring your remarks to a close?”

Speaker Hannig: “We’ve had two speak in response. Representative Scully, do you rise? How do you wish to be recorded? In response or in favor? Just go ahead, there’s room on each side.”

“Thank you. The issue involved in this Bill has to do with a court decision by the Federal District Court, Northern District of Illinois which specifically ruled that an investigator of a human rights complaint cannot take 09400040.doc 58  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 into consideration the credibility of a witness. The investigator’s perfectly free to conduct further investigation to see if there is any ancillary facts that either support or refute the testimony of the witness. But the investigator does not have the power as a trier of fact would at a… at a court, such a judge or a jury, to say, ‘You know what, I don’t believe this witness.’ The Federal Court decision specifically said that an investigator for the Illinois Department of Human Rights doesn’t have that power. And the reason for that is really quite simple. The ability to make decisions on credibility of a given witness really hinge primarily on the ability of the opposing party to conduct a proper cross examination and expose issues of credibility. In the investigatory process that… that adversarial situation with the opportunity to cross examine a witness simply does not exist. The decision of the… of Cooper v. Salazar in my opinion was a correct decision. I’m not sure I… I agree with it as a long-term solution to the problem, but I do agree with… the Federal Court made the proper decision. Now, by passing this Amendment we are removing from the Human Rights Act a provision that the Federal Courts have said the Illinois Department of Human Rights cannot conduct. Therefore, I support the Lady’s Bill and I ask for your support also. Thank you.”

Speaker Hannig: “Representative Flowers is recognized to close.” 09400040.doc 59  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

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

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 62 voting ‘yes’ and 51 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed.”

“Representative Turner in the Chair. On page 24 of the Calendar, Third Reading, we have Representative Jenisch on House Bill 3819. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Gentleman from DuPage, Representative Jenisch. Out of the record. On page 24 of the Calendar, Representative Mathias, we have House Bill 3555. Read the Bill, Mr. Clerk.”

“I’m sorry. Proceed.”

“Seeing no questions, the question is, ‘Shall House Bill 3555 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? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 voting ‘aye’, 5 voting ‘no’, 2 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from St. Clair, Representative Holbrook, for what reason do you rise?”

“Point of personal privilege for an announcement.”

“State your point.”

“We’re joined today by the Whiteside School up in the gallery directly behind me from Shiloh, Illinois. Let’s give them a nice welcome from here at the Capitol.”

“Welcome to Springfield, Shiloh. On page 4 of the Calendar we have Representative Giles on House Bill 666. Representative Giles. Read the Bill, Mr. Clerk.”

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

“Thank you, Mr. Speaker and Ladies and Gentlemen… Ladies and Gentlemen. Amendment #2 has been… this is an agreed Amendment. There was some questions by the Chicago Bar Association initially, but we’ve worked out an agreement. 09400040.doc 61  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Now, the Cook County Treasurer, the Cook County Clerk, the Cook County State’s Attorney and the Chicago Bar Association approves of this Amendment. What the Amendment does it… what we’re trying to do is regulate the private buying and selling of… of these scavenger sales tax certificate. And the reason… what we’re trying to do is to make the scavenger sale more effective in an improve and blighted communities. We’re trying to allow the private transfer of the scavenger sale of certificates and we’re trying to stop fraud in the process of the scavenger sale process. One of the… one of the main reasons is to try to regulate and not pro… prohibit the private buying and sale of the scavenger tax sale certificate. And the reason why we’re trying to that so that we can transfer it so… in order to have the transfer of the tax sale… the scavenger tax sale certificates. And the original buyer what they would simply… would register the ownership of the transfer of the certificate at least 5 months before the expiration of the tax redemption period. And also be subject to mandatory registration and disclosure of the identity of all interested parties administered by the county clerk. And so we’re trying to be more clear… trying to have a more clear subject to the laws against tax sale fraud, including the requirement of the new tax purchaser. So, once again, this is agreed language. We’ve been working extensively on this language. We have the City of Chicago, the Cook County Clerk, the Cook County Treasurer, the Cook County 09400040.doc 62  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 State’s Attorney and the Chicago Bar Association is in agreement of this Amendment.”

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

“He indicates he will.”

“Yes, Rep… Representative, that’s… that’s in the existing law.”

“That’s correct.”

“That is correct.”

“Seeing no further questions, the question is, ‘Shall the House adopt Amendment #2 to House Bill 666?’ 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?”

Speaker Turner: “Third Reading. On the Order of Second Reading, page 10, we have Representative… Rep… Rep… The Gentleman from Vermilion, Representative Black, for what reason do you rise?”

“State your inquiry.”

“Representative, if you’ll talk to your Leader, I’ll talk to mine.”

“Mr. Clerk, you have a Committee Report.”

“On page 10 of the Calendar, Representative Gordon on House Bill 1658. Read the Bill, Mr. Clerk. No. Out of the record. On page 21 of the Calendar, on Third Reading, we have Representative Lindner on House Bill 756. Read the Bill, Mr. Clerk.”

“The Lady from Kane, Representative Lindner.”

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

“To the Bill, Mr. Speaker.”

“To the Bill.”

“Ladies and Gentlemen of the House, this is really a very important piece of legislation from the standpoint of our history of our nation and our ability to preserve the monuments to those who have kept us free, our veterans. And throughout our state in… in… whether they’re in parks, whether they’re in… in state parks or local parks, no matter where they are, we have monuments… Civil War monuments, WWI monuments, Korean War monuments, WWII monuments, Vietnam Veterans monuments. Some of these monuments over the years have just fell into disrepair. And what this commission would do as envisioned was create a body to really make sure that we look after these monuments and we can put ‘em back into condition to… to… so that we could honor our veterans who have kept us free and kept our country free. So, this is really important piece of legislation that Representative Lindner has put forth and one that probably has not been talked about so much, but something that everybody in this Body should know about and should be very proud to be a part of. And I just wanted to state that for the record and… and look forward to unanimous support on this. Thank you.” 09400040.doc 66  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“The Lady from Kane, Representative Lindner to close.”

“The question is, ‘Shall the House pass House Bill 756?’ All those in favor 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 117 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mathias on House Bill 2461, page 22 of the Calendar, Third Reading. Read the Bill, Mr. Clerk.”

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

“Seeing no questions, the question is, ‘Shall House Bill 2461 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now 09400040.doc 67  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 voting ‘aye’, 0 ‘noes’, 1 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Second Readings, Representative Mathias, we have House Bill 44. Read the Bill, Mr. Clerk.”

“Rep… the Gentleman from Lake, Representative Mathias on Amendment #2.”

Speaker Turner: “Seeing no questions, the question… The Gentleman from Vermilion, Representative Black, for what reason do you rise?”

“He indicates he will.”

“To the Amendment.”

“Representative Mathias, you wanna close?”

“The question is, ‘Shall Floor Amendment #2 to House Bill 44 pass?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. The Amendment is adopted. Further Amendments?”

“Third Reading. On page 21 of the Calendar, Representative Deborah Graham, we have House Bill 990. Out of the record. On page 10 of the Calendar, Representative Holbrook, we have House Bill 1679. Read the Bill, Mr. Clerk.”

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

“Thank you, Speaker. House Bill 1679 with Floor Amendment #1 would allow the Kaskaskia Port Authority and the Tri-City Port Authority to make loans instead of 1 year, up to 3 years. There’s a lot of expansion going at these programs and it’s much cheaper for them to do commercial bank loans rather than revenue bonds. And they’ve requested this. I know of no opposition.”

“The question is, ‘Shall Floor Amendment #1 to House Bill 1679 pass… be adopted?’ All those in favor should say ‘aye’; all those opposed say ‘no’. The opinion of the Chair is the ‘ayes’ have it. And Floor Amendment #1 is adopted. Further Amendments?”

“Third Reading. Representative Connie Howard on Rep… on House Bill 2578, page 23 of the Calendar. Read the Bill, Mr. Clerk.” 09400040.doc 71  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“The Lady from Cook, Representative Howard.”

“Yes, thank you, Mr. Speaker. House Bill 3650 is another one of our attempts to try to make certain that the digital divide in this state is eliminated. This particular Amendment #3…”

“Representative…”

“…makes some changes…”

“…Connie, wrong Bill. 2578. We know you’re carrying a lot over there.”

“Okay. Wrong Bill. All right.”

“Want to start over? We’ll come right back to you. It sound like a great Bill, too. Take the Bill out of the record. On page 23 of the Calendar, on Third Readings, we have Representative Granberg on House Bill 2526. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Gentleman from Clinton, Representative Granberg.”

“Thank you… thank you, Mr. Speaker. House Bill 2526 creates the Employee and Retirees Benefit Protection Act. Currently, there are no state provisions which require the federal bankruptcy decisions to provide payments with any priority of claims. This Bill requires an employer who files bankruptcy must pay their claims in the following order: administrative expenses, fees and charges; unsecured 09400040.doc 72  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 claims for wages; contributions to employees and retiree health and pension benefits and all other priorities established by the Federal Bankruptcy Code. Additionally, the Bill requires the bankrupt employer to make a contri… a continuation of a promised pension and health insurance benefits. It provides protection to those employees when a company does file for bankruptcy… assures those pension benefits are guaranteed.”

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

“He indicates he will.”

“They’re very similar, Representative Black. No wonder you…”

“…very confusing. Yes.”

“Yes, I am.”

“Representative Black, I wanna thank you for leading the witness… yes.”

“The Bradley brothers…”

“…will accept full…”

“…responsibility.”

“Thank you, Representative.”

Speaker Turner: “And speaking of one of the twins, the Gentleman from Williamson, Representative Bradley.” Bradley, J.: “Yes, Representative Black, you’re absolutely right. And… and desperate times call for desperate measures. And we’ve got thousands of coal mine families in the State of Illinois that have lost their health insurance benefits and it’s a very frustrating situation for us in Southern Illinois. And we just felt like we needed to do something. We know this is an uphill battle, we know there are constitutional concerns. But we felt like we needed to send a message and… and let the courts tell us we can’t do this. And also, there’s… there’s legislation in Congress 09400040.doc 74  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 currently and hopefully, the State of Illinois takes a stand on this and sends a strong message to Col… to Congress that we don’t want our people going without health insurance.”

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

“He indicates he will.”

“Costs, attorneys fees, and then secured claims.”

“Representative, I’m not sure if I understand the question?”

“No.”

“That… there are other reasons why it might be held unconstitutional.”

“I think we’re on the same page, Representative. What we’re talking about are a class of employees or former employees… these are retired parties.”

“These are re… these are retired parties who rely on these benefits so they can actually go out and secure groceries…”

“…and make those incidental purchases. They need the pension money…”

“…to actually go out and purchase those goods.”

“Right.”

“Right.”

“The Gentleman from Winnebago, Representative Winters, for what reason do you rise?”

“To the Bill.”

“The Federal… Federal Bankruptcy accord obviously has priority, but there is some latitude with the states. We can do a homestead exemption. So, the states are allowed to change or modify certain provisions of the Bankruptcy Code. That will be the question in this case. Whether, in fact, this is outside of that scope.”

“Representative…”

“…yeah, Representative Winters, it’s… I… we felt it was better to attempt to send a message that we had to prioritize the retirees pension benefits and health benefits. And to send that message, it’s rather to do something to be proactive as opposed to not doing anything.”

“In…”

“…in Southern Illinois there are about 7 thousand of these employees who are impacted.”

“To the Bill.”

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

“He indicates he will.”

“I think that’s an interesting idea, Representative Bost, because we have to do anything we can to protect those people. ‘Cause if you make that commitment and people rely on that commitment that they will have certain goods in terms of pension and health benefits, they ought to be protected because when that happens what alternatives do that have? They have to go on Medicaid or use up their savings. And that’s a broken promise.”

“And we should address it.”

“Right. Thank you.”

Speaker Turner: “Seeing no further questions, Representative Granberg to close.” 09400040.doc 80  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Thank you, Mr. Speaker. The Gentleman brought up some interesting points. What we’re trying to do is address a situation that’s basically addresses the coal miners… retired coal miners who have been den… denied their pension and health benefits. But as Representative Bost has indicated, this is not the only industry. This has happened in the automotive industry. This has happened with large corporations who have defaulted on their commitment, who have broken their promise to their employees at a time when they’re retired. And that’s something we have to address. And whether we can address the constitutional issue or not, we need to send the message that companies… large corporations need to fulfill their commitments to their employees. And I’d ask for passage.”

“The question is, ‘Shall House Bill 2526 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 106 voting ‘aye’, 11 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 24 of the Calendar, Representative Jenisch, we have House Bill 3819. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Gentleman from DuPage, Representative Jenisch.”

“Seeing no questions, the question is, ‘Shall House Bill 3819 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? Clerk shall take the record. On this question there are 117 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from DuPage, Representative Daniels, for what reason do you rise?”

“State your point.”

Speaker Turner: “Welcome to Springfield. Representative McAuliffe. On the Order of Third Readings we have House Bill 3694. Read the Bill, Mr. Clerk.”

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

“Seeing no questions, the question is, ‘Shall House Bill 3694 pass?’ All those in favor should vote 09400040.doc 83  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 ‘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? Representative Bost. The Clerk shall take the record. On this question, there are 108 voting ‘aye’, 9 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative McAuliffe on House Bill 3825. Read the Bill, Mr. Clerk. Representative McAuliffe.”

Speaker Turner: “The Gentleman from Cook, Representative McAuliffe. Out of the record. Representative Connie Howard on House Bill 2578. That’s page 23 of the Calendar, Third Reading. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Howard.”

“Yes, thank you, Mr. Speaker. House Bill 2578 creates the African-American HIV/AIDS Response Act. This Act would be… would address the disproportionate numbers of persons who are afflicted by HIV/AIDS in the African-American community. And there are several features of that Act that I talked about in detail yesterday. I don’t think I will do that again today. And I will just be ready to answer questions of anybody who has questions for me.”

“Seeing no questions, the question is, ‘Shall House… The Gentleman from Vermilion, Representative Black.” 09400040.doc 84  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“She indicates she will.”

“Representative Black, it is very painful of me… for me to say that although African Americans are about… are less than 20 percent of the population of this state, that the incidents in the African-American community is about 70 09400040.doc 85  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 percent of all new cases. There was a time when AIDS was considered to be a gay, white disease. It is no longer that. It has gone into the African-American community and now African-American women are the… are the… the most new cases of AIDS. And in fact, the community represents 54 percent. We consider that an emergency. And we believe that there have to be some emergency measures that are taken. Some emphasis must be put on the… the fact that our community is suffering and is being devastated by this disease. So, that is why we say it is essential that we have individuals who are doing almost nothing except working on trying to eliminate this. Certainly it affects the African-American community, but in the long run it’s going to affect all the communities of our state. We are spending money… hundreds of millions of dollars to take care of these kinds of… of… of incidences throughout the state. We believe that unless we begin to pay some attention, to focus the attention on this disease in the African-American community, that it will never, in fact, be addressed appropriately.”

“This program is designed to focus on the African- American community. We certainly would not want anyone who has this dread disease to not be ob… to not be helped. But this particular program is focusing on where the seriousness of the problem exists.”

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

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

“To the Bill.”

“To the Bill.”

“I can understand Representative Black’s concern. In fact, I had a sidebar conversation with my… one of my colleagues on why this particular legislation is affecting African Americans. And let me just put it like this, as 09400040.doc 87  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Representative Howard had mentioned, African Americans make up a small percentage of the population but a high percentage of the number of HIV and AIDS cases. In fact, the growing population of HIV and AIDS cases are African- American women. Now, various reasons why the increase in numbers. However, clearly this is disproportional. Just in any diseases that we deal with regardless… Okay.”

“I apologize, Representative.”

“I’ll make it quick.”

“Go ahead.”

“Regardless of whether they are… regardless they are prevalence in certain diseases. Naturally, none of us want to be stricken or have anyone of our… our families stricken by this dreaded diseases. Clearly, it’s in all parts of the country, all parts of the world, but even if we look at the global incidence of AIDS, we know as a Body that it increases in Africa and communities in Africa. And so all this does is try to address a little bit of effort where the increases in population of HIV and AIDS are to address a problem that has stricken and increasing in our community. I would ask everyone to support this legislation.”

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

“Ya know, to… thank you, Mr. Speaker. To Representative Black’s comments and… and even the Speaker, I mean the Sponsor. When I look at this Bill, I don’t even see how it’s limited to African Americans whatsoever. The 09400040.doc 88  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Act is already there. I think it basically… what it does by naming it what we name it, it just brings awareness to the African-American community. And they need to be made more aware. Those figures she… she said out there are absolutely true. But I don’t see anything in the Bill that would preclude anybody from anything of any race, nationality or… or religion, anything whatsoever. The name of the Act is the name of the Act and that’s just a public policy to let the name go out. But as far as the rest of the Bill is concerned it’s for everybody. And as we all know, this is a scourge on all of our communities. And I think it’s a great Bill as is. Thank you.”

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

“Yes, thank you very much all of my colleagues who spoke on behalf of the Bill. The fact is that there needs to be something done. We are in an emergency state in the community that I represent and across this state. I just ask that you be sensitive and compassionate and give me a ‘yes’ vote. Thank you.”

“The question is, ‘Shall House Bill 2578 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 106… there’s 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, 09400040.doc 89  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 is hereby declared passed. The Gentleman from Winnebago, Representative Winters, for what reason do you rise?”

“State your point.”

Speaker Turner: “Welcome to Springfield. Representative Howard, you have another Bill, 3650 is on Second Reading. Read the Bill, Mr. Clerk. Page 19 of the Calendar.”

“The Lady from Cook, Representative Howard.”

“Amendment #3 to House Bill 3650 is an effort to make certain that we have the support of the Department of Commerce and Economic Opportunity. And they have given us some provisions that we have accepted, including the addition of two members to the Digital Divide Elimination Advisory Committee and the… the creation of the Digital Divide Elimination Working Group. We feel that the provisions that have been given to us by DCEO will help us to make certain that we have attacked this problem which of course is going to make certain that people across the state are not going to be left behind.” 09400040.doc 90  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Seeing no questions, the question is, ‘Shall Floor Amendment #3 to House Bill 3650 be adopted?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #3 is adopted. Further Amendments?”

“Third Reading. On page 23 of the Calendar, Representative Bill Mitchell, we have House Bill 3523. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Gentleman from Macon, Representative Mitchell.” Mitchell, B.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3523 is a derivative Bill of my colleagues Representative Brady and Representative Rose’s on their task force… Meth Task Force. It amends the Department of State Police Law Enforcement Civil Administration Code requires the Illinois State Police establish a state… known as a Methamphetamine Abuse Hotline.”

“Seeing no questions, the question is, ‘Shall the House ad… I’m sorry. The Lady from Cook, Representative Graham, for what reason do you rise?”

“Will the Sponsor yield?”

“He indicates he will.”

“Representative Mitchell?” 09400040.doc 91  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Mitchell, B.: “Yes.”

“I wanna commend you on the legislation that you’re bringing forth.” Mitchell, B.: “Thank you.”

“But my concern is… year after year, I know my colleagues have served before I got here. I know that there have been talks about crack and heroin. Is there… is there any room to expand your legislation to include those issues as well? I know that you guys have an outbreak, but we’ve had an outbreak for quite sometime and…” Mitchell, B.: “Right.”

“…I think you guys are being a little selfish…” Mitchell, B.: “Sure.”

“…with some of the legislation that you’re putting forth that only talks about meth.” Mitchell, B.: “Representative, I’d be glad to work with you on those other issues.”

“I… I hope so and I’m looking forward to it.” Mitchell, B.: “Thank… thank you, good suggestion.”

“Thank you.”

“Seeing no further question, the question is, ‘Shall House Bill 3523 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 117 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. 09400040.doc 92  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Representative Jerry Mitchell on House Bill 2946, page 23 of the Calendar. Read the Bill, Mr. Clerk.”

“I’m sorry, Representative.” Mitchell, J.: “…are much less aggressive and we are hoping that this takes some of the aggression out of those particular dogs. Many times if you talk to State Police, if you talk to parole officers, they’ve had a lot of difficulty with dogs that have been trained to attack. And we’re hoping that this will slow that down somewhat. I’d be happy to answer any questions.”

“Gentleman from DuPage, Representative Jenisch, for what reason do you rise?”

“He indicates he will.”

“Seeing no further questions, the question is, ‘Shall House Bill 2946 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? Have all voted who wish? The Clerk shall… Boland? Pihos? The Clerk shall take the record. On this question, there are 108 voting ‘aye’, 5 voting ‘no’, 4 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 23 of the Calendar, Representative Moffitt, we have House Bill 3532. Read the Bill, Mr. Clerk.”

“Seeing no… The Lady from Cook, Representative Graham, for what reason do you rise?”

“Thank you, Mr. Speaker.”

“Come on, you can share it with us, too. Come on, tell us the joke. Seeing no further questions, the question is, ‘Shall House… shall House vote for… Shall House approve House Bill 3532?’ 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? Patterson. McCarthy. The Clerk shall take the roll. On this question, 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Winnebago, Representative Sacia, for what reason do you rise?”

“Representative Graham, your name was mentioned in debate.”

“What was that? I’m sorry. I didn’t hear the…” 09400040.doc 95  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“That’s why she was laughing the first time. On page 2 of the Calendar, Representative Joyce, we have House Bill 483. Out of the record. Read the Bill, Mr. Clerk. That’s on page 4 of the Calendar.”

“The Gentleman from Cook, Representative Joyce on #3.”

“Mr. Speaker, I move to withdraw Floor Amendment #3 and Floor Amendment #4.”

“Gentleman asks leave to table Amendment #3 to House Bill 483. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. Amendment #3 is tabled. Gentleman asks leave to table Amendment #4 to House Bill 483. All… all those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #4 is tabled. Further Amendments, Mr. Clerk?”

“Gentleman from Cook, Representative Joyce on Amendment #5.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I believe Floor Amendment #5 addresses the concerns. I’ve spoken with Republican staff and they seem to be comfortable with that… that this does redact all 09400040.doc 96  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 personal information from the Act. I’d be happy to answer any questions.”

“Seeing no questions, the question is, ‘Shall the House adopt Amendment #5 to House Bill 481?’ All those… 483. All those in favor should vote ‘aye’… I mean, say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #5 is adopted. Further Amendments?”

“Third Reading. On page 24 of the Calendar, Third Reading, we have Representative Kelly on House Bill 3800. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3800 amends the Metropolitan Water Reclamation Act. The Village of Madison has requested an Amendment of state and area wide water quality management plans to reflect a transfer of approximately 38.5 acres of land from a nonfacilities planning area to the Metropolitan Water Reclamation District’s facilities planning area. I can answer any questions.”

“Seeing no questions, the question is, ‘Shall House Bill 3800 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? 09400040.doc 97  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Have all voted who wish? Have all voted who wish? The Clerk… Bailey. Poe. The Clerk shall take the record. On this question, there are 65 voting ‘aye’, 51 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Kelly, we have House Bill 2593 on page 14 of the Calendar. Read the Bill, Mr. Clerk.”

“Representative Kelly on Amendment #2.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I wanted to table Amendment 2.”

“Lady wants to withdraw Amendment #2.”

“Right. Withdraw.”

“Leave is granted. Further Amendments?”

“The Lady from Cook, Representative Kelly.”

“Amendment #3 just makes the Bill subject to appropriation.”

“Seeing no questions, the question is, ‘Shall the House adopt Amendment #3 to House Bill 2593?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #3 is adopted. Further Amendments?” 09400040.doc 98  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Third Reading. On page 20 of the Calendar, Representative Reis… Reis, we have House Bill 340. Read the Bill, Mr. Clerk.”

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

“Representative Reis, you and I talked about your Bill yesterday… I believe it was yesterday, just a point of clarification. Under your legislation or what the intent of your legislation is if someone… a colleague of yours, you have a firearm you wanna do a one for one switch or a two for two switch, that is what your intention is? It’s not the intention that if someone goes in with one gun and $5 thousand and says, ‘I wanna trade for ‘x’ amount of firearms.’”

“Okay. It’s my only question.” 09400040.doc 99  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Seeing no further questions, the question is, ‘Shall House Bill 340 pass?’ All those in favor 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? Have all voted who wish? The… Fritchey. Franks. The Clerk shall take the record. On this question, there are 72 voting… 73 voting ‘aye’, 42 voting ‘no’, 1 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 17 on the Calendar, Representative Reis, we have House Bill 3125. Read the Bill, Mr… out of the record. On page 23 of the Calendar, Representative Rose, we have House Bill 3528. Read the Bill, Mr. Clerk.”

Speaker Turner: “See… The Lady from Cook, Representative Graham, for what reason do you rise?”

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

“He indicates he will.”

“Now, what is the intent of your legislation? I couldn’t hear you clearly.” 09400040.doc 100  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“I’m sorry, Mr. Speaker, I really can’t… can’t hear him. I really can’t hear him.”

“I wanna commend you on your piece of legislation, but I also would be interested to know if you would be interested in exp… expanding it? Oftentimes, in the city we have places, street term would be called a ‘shooting gallery’ where people use heroin and needles are strolled(sic-strewn), ya know, across yards and children may come across it or… or people coming across crack cocaine, places where they produce it. And I was just wondering if you would like… if… if you would like to extend your piece of legislation to cover issues of that matter as well… of that nature?” 09400040.doc 101  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“With all…”

“…with all due respect, Representative, shooting galleries are hazardous waste sites, too, when people…”

“I’m sure…”

“…I’m sure if… if you’re willing to work with me, we can find an agency that could assist us…”

“…in getting rid of that.”

“Thank you. Just having a background in social services I’m extremely knowledgeable with some of the extenuating circumstances that affect our communities, too. And I just wanted to be assured once I vote ‘yes’ in supporting your legislation that, you know, we could work further to…”

“…fight some of the causes in our communities as well. Thank you.”

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

“Thank you. Will the Sponsor yield?”

He indicates he will.”

“You… you know, I could hardly hear you, too. I… are you okay? You’re tired or something? I could hardly hear what you were saying. You’re all right?”

“Yeah, I know.”

“It probably comes from the fact that we’ve had about 12 or 14 Bills already which leads me to another point. That’s about the third Republican in a row. When are we going to get to some Democratic Bills? I’m beginning to think… what’s the sense of having the gavel if we’re gonna be calling their Bills all day?”

“Representative, you know I will call good Bills as they come. The Lady from Cook, Representative Davis, for what reason do you rise?” Davis, M.: “Will the Sponsor yield?”

“He indicates he will.” Davis, M.: “Representative, exactly how much are you asking to be appropriated for this public service campaign?”

“This is 3528.”

Speaker Turner: “Take the Bill out of the record at the Sponsor’s request. On page 16 of the Calendar, Representative Sacia, we have House Bill 3022. Read the Bill, Mr. Clerk. Representative Sacia.”

“Representative Sacia on Amendment #1.”

“Seeing no questions, the question is, ‘Shall House adopt Amendment #1 to House Bill 3022?’ 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?”

Speaker Turner: “Third Reading. The Lady from DuPage, Representative Pihos, for what reason do you rise?”

“Welcome to Springfield. And Representative Pihos on that note, would you like to call House Bill 3816 where they can see you in action?”

“Mr. Clerk, read the Bill.”

“Read the Bill, Mr. Clerk.” 09400040.doc 106  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“The Lady from DuPage, Representative Pihos.”

“Seeing no questions, the question is, ‘Shall House… shall the House pass House Bill 3816?’ All those in favor vote 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? Soto. The Clerk shall take the record. On this question, there are 115 voting ‘aye’, 1 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Second Reading, 09400040.doc 107  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Representative Munson, page 18 of the Calendar, we have House Bill 3273. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Munson on Amendment #1.”

“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #1 to House Bill 3273?’ All those in favor say ‘aye’; all those opposed say ‘no’. The opinion of the Chair is the ‘ayes’ have it. Amendment #1 is adopted. Further Amendments?”

“Third Reading. Representative Munson on House Bill 2396. That Bill is on Second Reading, page 13 in the Calendar. Read the Bill, Mr. Clerk.”

Speaker Turner: “That Bill should remain on Second. Representative Hannig, you’ve got a couple Bills. One is 09400040.doc 108  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 House Bill 2712, it’s on the Order of Second Reading. Read the Bill, Mr. Clerk. 2712 on page 15 of the Calendar. 2712. Read the Bill, Mr. Clerk.”

“The Gentleman from Montgomery, Representative Hannig, on Amendment #1.”

“Yes, thank you, Mr. Speaker, Members of the House. This is a cleanup proposal that came to me from the Department of Revenue and came out of the Revenue Committee yesterday, I believe, on a unanimous vote. And it would simply increase the amount of money that the Department of Revenue would have available to them in the fund that they use to try to… try to offer to informants to get information on people who are doing ill… illegal activities in the State of Illinois. Under the current law, this account can’t exceed $5 thousand. And the problem is that this is a number that was put into the statute a long time ago and the more… and the number that we’d like to see today is $50 thousand. So, that’s what the… that’s what the Amendment does. I… I’d be happy to answer any questions.”

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

“The Gentleman from Montgomery, Representative Hannig.”

“Thank you, Mr. Speaker. And I appreciate Representative Black bringing that to my attention. That’s exactly what I need to do. Withdraw Amendment #1, please.”

“Gentleman asks leave to withdraw Amendment #1 to House Bill 2712. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #1 is withdrawn. Further Amendments?”

“Yes, and thank you, Mr. Speaker and Members of the House. This is the Amendment that I just explained and I’d move for its adoption.”

“Gentleman moves for the adoption of Amendment #2 to House Bill 2712. 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…”

“Third Reading. Representative Hannig you have one more, House Bill 2244. That Bill is on Second Reading, page 12 of the Calendar. 2244. Read the Bill, Mr. Clerk.”

“Representative Hannig on Amendment #1.”

“Yes, thank you, Mr. Speaker and Members of the House. This was the proposal that came to me regarding the amount of payroll deductions that need to be collected in order to stay in the program. And currently, what’s happened is we’re all aware that the headcounts in the State of Illinois are down about 12 thousand dollar… 12 thousand people since their peak a few years ago. And the result has been that because of that there have been less collections for a number of these smaller charities and unless we pass this proposal the Comptroller will be forced to remove a number of them from the… from the roll. So, this… this is a proposal to try to give them some additional time to continue to be in the payroll deduction plan. And so, I’d be happy to answer any questions. And I’d move for the adoption of the Amendment.”

“Seeing no questions, the question is, ‘Shall the House adopt Amendment #1 to House Bill 2244?’ 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?” 09400040.doc 111  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Third Reading. On page 20 of the Calendar, Representative Millner, we have House Bill 341. Representative Millner. Out of the record. On page 11 of the Calendar, Second Reading, Representative Lang, we have House Bill 1916. Read the Bill, Mr. Clerk.”

“The Gentleman from Cook, Representative Lang.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. Floor Amendment #1 to House Bill 1916 is the Bill that would separate the Gaming Board from the Department of Revenue. There’s many reasons for it. This also creates some new ethical requirements for members of the Gaming Board. Rather than to discuss and debate this on… on the… at the Amendment stage, I would… I would prefer, I hope you will also that we just put the Amendment on and have our debate on Third Reading. But I’d be happy to answer any questions you do have.”

“Seeing no questions, the question is, ‘Shall Amendment #1… The Gentleman from Vermilion, Representative Black.”

“He indicates he will.” 09400040.doc 112  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Under today’s law, Representative, the Illinois Gaming Board, which all of us have always presumed as sort of a separate independent autonomous agency, has really been under the wing of the Department of Revenue. The House Gaming Committee… the House Gaming Committee had hearings several weeks ago where the remaining members, the two remaining members at that time of the Gaming Board, came to testify on the issue of all the things they could not do because they did not have a quorum. As you know now, the Governor has appointed new people to the Gaming Board, but at the time it was almost a year be… be… since the Gaming Board had a quorum to do their business. And they came to talk to us about the licenses they couldn’t renew, et cetera. But during the course of that hearing it became very apparent that because of the current state of the law the Department of Revenue was spending the Gaming Board’s money. They were hiring people, signing contracts, putting people to work, doing audits, doing all kinds of things. And the two remaining members of the Gaming Board didn’t even know they were going on, never had a chance to approve the contracts. And the Department of Revenue is siphoning the money out of their budget to do that. Now, that was bad enough. But in addition, all of this meant that there was really undue influence by the executive branch of 09400040.doc 113  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 government over this agency that we all thought was autonomous. And so, here’s the Gaming Board running the whole system of riverboat gaming in Illinois, almost a billion dollars in revenue to the taxpayers and it was not an autonomous agency. And it’s time that we made that happen.”

“That liaison was an… a… an employee of the Department of Revenue, that’s part of the point of this. So, not that one particular job…”

“…but the whole system by which the Department of Revenue really had influence over the Gaming Board and rendered it less than independent and autonomous. That’s what we’re getting after here.”

“Well, I believe it was and I think we passed some legislation not too long ago that sort of…”

“…folded it into the Department of Revenue in such a way that they lost some of their autonomy.”

“Thank you.” 09400040.doc 114  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

Speaker Turner: “The question is, ‘Shall the House adopt Amendment #1 to House Bill 1916?’ 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?”

“The Bill should remain on Second Reading. The Gentleman from Cook, Representative Lang, for what reason do you rise?”

“Mr. Speaker, I would move that all the note requests filed be inapplicable to this Bill.”

“Mr. Clerk, could you identify the notes that have been filed on this Bill.”

“You’ve heard the Gentleman’s Motion. Is there any discussion? Representative Parke.”

“On the question?”

“Your request is in order.”

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

“Thank you. In brief response to Mr. Parke, let me just simply say that this won’t have any impact on the state 09400040.doc 116  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 budget except to save the state budget and GRF lots of money because the Department of Revenue will no longer be monitoring the Gaming Board. They will no longer be spending their money to do the Gaming Board’s work. This will not cost the State of Illinois a dime. In fact, we’ll save GRF thousands and thousands and thousands of dollars. That’s clear to anyone who listened to me who understands the Bill.”

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

“Thank you, Speaker. To the Motion. We discussed the integrity of the process. Ladies and Gentlemen, many of us, myself included, have been guilty of using notes for other than fact-finding purposes. We do nothing about the integrity of the process in filing a housing affordability impact note or a judicial note or a Corrections note. These were not notes that were filed on this Bill in order to determine the underlying information. We know what the answers are going to be. The integrity of the process may be such that there are repercussions for filing these notes, but these notes are inapplicable. The Gentleman’s within his right to ask that they be found such. Just as the Gentleman from Schaumburg is within his right to ask for a Roll Call on this vote. Mr. Lang is entitled to this. We be… I believe that these notes would be found inapplicable, should be found inapplicable, should not be used to delay this legislation. And let’s let it move forward.” 09400040.doc 117  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

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

Speaker Turner: “The Gentleman from Lang (sic-Cook), Representative Cook (sic-Lang), for what reason do you rise?”

“Thank you, Mr. Speaker. Well, first let me say that we have rules that allow for such Motions. So, I’m not violating anybody’s civil rights. But in the interest of keeping this place calm so we can move toward getting out of here at the end of the week, I withdraw my request.”

“The Gentleman withdraws his request. The Bill shall remain on Second Reading. On page 20 of the Calendar, Third Reading, we have House Bill 341, put on your vest. Representative Millner. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Gentleman from DuPage, Representative Millner.”

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

“He indicates he will.” 09400040.doc 120  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Representative, you have to bring your remarks to a close.”

“Representative Krause, you’ve had your five minutes.”

“Rep… Representative Giles. Turn on, Giles.”

“Thank you, Mr. Speaker. I will yield my five minutes to Representative Krause.”

“Representative Krause. I’d like to remind the Members that this Bill is on Short Debate. But Representative Krause you can continue.”

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

“Will the Sponsor yield?”

“He indicates he will.” 09400040.doc 129  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Representative Millner, I first wanna thank you for bringing forward a gun show loophole Bill. You, 2 years ago, stood on this floor against a lot of pressure and voted on a Bill, Senate Bill 947, that was passed. So, I appreciate that.”

“You and I have also had many conversations in the last two months about the need for a gun show loophole Bill. And others are joining in on that call and I appreciate that. It’s fair to say, though, that you and I are taking two different paths to try to get this. And I think the jury is out. We’ll find out later today which path will get there. I honestly don’t know which it’ll be. But your Bill, as it is written right now, has law enforcement squarely opposed to it. Is that correct?”

“All right. My understanding is most of law enforcement, chiefs of police, a lot of other agencies…”

“Right. The two parts of your Bill besides the gun show loophole part that law enforcement is against and I think Representative Krause very eloquently talked about the preemption part. And the part I just wanna let the Body know is dealing with the destruction of records. That issue is something that law enforcement feels very strongly about the need to keep those records. Those records are used in criminal investigations. Those records are used 09400040.doc 130  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 when they’re checking on an individual before law enforcement goes in on and serves a warrant on someone. Those records are checked only in a time when there’s a criminal investigation. State Police today has a policy on the books that law enforcement must abide by. It says that if a law enforcement officer wants to do a check they must provide their name, their star number, their supervisor, their star number, the reason for the check, the agency and then how to get back to them. State Police and law enforcement feel that that will prevent the rogue officer from checking that. You as a former law enforcement officer, is that something that you would think would try to minimize misuse of the system?”

“I just asked if you thought the current state policy by State Police… if you as a former law enforcement officer would think that that would minimize misuse?”

“Besides State Police current policy and I’m sure that some of the people that are gonna get up to speak in support of this legislation, they’re gonna talk about a 09400040.doc 131  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Federal Law. And currently, the Federal Government in a Bill last year allowed for states to destroy records dealing with firearm sales. Illinois, because they had the FOID Act in front of the Brady Act, we have been given jurisdiction or authorization from the Justice Department and the FBI to continue to do things as we are doing them now. Currently, there are five laws… Federal Laws that are on the books for misuse of the criminal justice… the NICS system in FTIP in Illinois. Laws that… they’re on the books federally that have been used to convict people for misuse of those systems. So, there are a great deal of protections that are on the books right now. Is that something that you would concur with?”

“I appreciate that response. And that is an argument that will be brought up I’m sure from someone else. I will let the Body know that I reached out to the Justice Department and the FBI, to the woman who administers the NICS program for the United States. And I asked them about how is Illinois conducting their business and I would 09400040.doc 132  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 challenge, and I think I gave you the number and the name of the individual to call, her and ask what they thought of Illinois and the way State Police conducts themselves. The FBI audits the State Police every 2 years. If there is misuse, the FBI can take away the ability for a state to have access to the NICS system. And as of now, they’ve given nothing but a clean bill of health to the State of Illinois. I asked that individual at the FBI…”

“Bring your remarks to a close.”

“…could they envision, under a new Attorney General, change of policy? And their response was, they could not foresee any change in policy under this new Attorney General. So, Ladies and Gentlemen of the House, I just want everyone to be aware that those are two provisions that law enforcement is against.”

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

“In purpose of a Motion, Mr. Speaker.”

“State your purpose.”

“I move to take this off Short Debate.”

“The Gentleman asks leave to take this Bill off… he’s got five Members asking to take it off Short Debate… Standard Debate. Leave is granted. The Bill will now be placed on Standard Debate. Representative Phelps…”

“Yes.”

“…you can proceed. Now, that only gives you five minutes, now.” 09400040.doc 133  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Right. Right. Thank you, Mr. Speaker, Ladies and Gentleman of the House. Just to… just… just today the Senate passed a similar version of this with 37 votes. To the Bill. What I wanna do is to commend the Sponsor for all his hard work. This is a good compromise and I urge a… it exempts the City of Chicago and I do urge an ‘aye’ vote.”

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

“Well, with all this talk about Home Rule, I will be in inquiry… I was in the middle of a sentence there, Sir. There… inquiry of the Chair?”

“State your inquiry.”

“Inquiry is… with all this talk of Home Rule, does this Bill preempt Home Rule? And if it does, how many votes will it need to pass?”

Speaker Turner: “The Chair has been advised by the parliamentarian that this Bill will need 71 votes to pass.”

“Okay. Thank you.”

“The Lady from Cook, Representative Coulson, for what reason do you rise? Mr. Millner, for what reason do you rise?”

“And…”

Speaker Turner: “So, are you challenging the 71-vote requirement?”

Speaker Turner: “The parliamentarian is taking it under advisement at this point. Actually, we will continue with the debate and the parliamentarian will get back to us. Representative Coulson, you were next, I believe.”

“Representative Millner, the parliamentarian’s ready to respond.” 09400040.doc 137  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“The Gentleman from Champaign, Representative Rose, for what reason do you rise?”

“He indicates he will.”

“To the Bill.”

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

“Seeing no further questions, Representative Millner to close.”

“Bring your remarks to a close.”

“The question is, ‘Shall House Bill 341 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? Leitch. The Clerk shall take the record. On this question there are 63 voting ‘aye’, 50 voting ‘no’, 2 voting ‘present’. And this Bill… this Bill, not having received the Constitutional Majority… Representative Millner.”

“The Gentleman asks that the Bill be placed on Postponed Consideration. Bill will be placed on Postponed Consideration. The Gentleman from DeKalb, Representative Pritchard, for what reason do you rise?”

“State your point.”

“Welcome to Springfield. On page 2 of the Calendar, Mr. Clerk, we have Representative Yarbrough’s Bill, House Bill 45. Read the Bill, Mr. Clerk.”

Speaker Turner: “Third Reading. The Gentleman from Cook, Representative Osterman. Mr. Clerk, read House Bill 794.”

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

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 794 aims to close the gun show loophole here in Illinois. It will require that nonlicensed firearm dealers at gun shows in Illinois will have to request an instant criminal background check on prospective firearm buyers and receive an approval from State Police before completing the sale. Why is this important? Today at gun shows in Illinois nonlicensed dealers sit next to federally licensed dealers, both selling firearms. The federally licensed dealer is required to conduct an instant criminal background check through the State Police, the nonlicensed dealer is not. This is common knowledge. Criminals and those who want to avoid a background check and what will be uncovered will gravitate to the nonlicensed dealer to illegally purchase firearms, guns that may be used in crimes. Instant criminal background checks in Illinois 09400040.doc 144  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 work. Last year State Police stopped 1,108 criminals and domestic abusers from purchasing firearms because of the instant criminal background check. In 2003, over a thousand. Over the last 2 years… the last 2 years over 2 thousand people were denied access to firearms because of the instant criminal background check. How many of those criminals sought gun shows to purchase firearms? How many times? Ladies and Gentlemen of the House, it’s time to act on this legislation. Some will say that gun shows have not been a problem. ATF reports that 20 percent of guns used in gun trafficking cases come from gun shows, 25 percent of gun sellers at gun shows are not licensed, terrorists have used gun shows to try to purchase firearms and 2 percent of inmates have used gun shows to purchase firearms. Last week for the first time since I’ve been down here, the NRA has finally joined the fray and acknowledges for the first time that gun shows are a problem. These are not my words, they are the Rifle Association of Illinois. Legislation that closes the gun show loophole is needed to reform… to reform the Illinois gun laws. If passed, terrorists and other criminals will be unable to purchase firearms at gun shows, thus shutting down possible gun pipelines that would be used to do society harm. This is a Bill, 794, that is forged by input from this Body. Over the last 2 years, comments in committee, individual Members coming forth, we have made a better Bill. The definition has been modeled after Representative Millner’s Bill to expand how many guns are there to 50 or more firearms, 5 or more vendors. It 09400040.doc 145  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 also includes… excludes shooting events, trap shoots, dinners like the Sportsmen’s Caucus and Pheasants Forever. This is reasonable. Dealing with the issue of destruction of records which we just debated, House Bill 794 comes at it from a different angle, an angle that is supported by law enforcement. It codifies State Police’s recent policy. It says if law enforcement wants to check the NICS system they have to send a letter or a fax to the State Police including the name of the officer, his star number, his supervisor and star number, the reason for the check, the agency they’re from and the case number. This is reasonable and it will prevent the rogue officer from trying to misuse the system. Ladies and Gentlemen of the House, the proof of the need for this Bill is not gonna come today, it’s gonna come in a year after its passage. When we are able to look back and see how many criminals we stopped. As in Colorado and Oregon, they’ve done that and they can check and see how many criminals they’ve prevented from doing this. In both Colorado and Oregon, the general public in the state enacted legislation only after the General Assembly failed to act. And only after tragedies at Columbine and Thurston High School. I would simply say that we’ve seen far too many gun… gun violence tragedies here in our state. Let’s not wait for another one before we enact this legislation. I ask for an ‘aye’ vote and would ask… answer any questions.”

“The Gentleman from… the Gentleman from Cook, Representative Dunkin, for what reason do you rise?” 09400040.doc 146  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Thank you. Will the Sponsor yield?”

“He indicates he will.”

“Okay. So, I wanna be clear, Representative. So, you’ve worked with opponents of this Bill as well and they have all agreed on this legislation?”

“Absolutely not. Because they… they have their version of the legislation. This Bill… for those that have been in various committees that this Bill has been brought forth in and debate that I’ve heard last year when I ran this dealing with Pheasants Forever and, ya know, the Sparta Shooting Range. The language in this legislation has taken that stuff into consideration. So, this is not an agreed Bill by any stretch of the imagination, but it’s a reasonable Bill. A reasonable Bill that I don’t think is gonna affect sportsmen and hunters in this state in a negative way.”

“Thank you for that. To the Bill. Ladies and Gentlemen of the House, this Bill here is a breath of fresh air in that it gets us to the level of somehow slowing down criminals getting easy access to weapons that saturate many of our communities here and throughout the state, especially on the south side of Chicago and the we… some parts of the west side. If you look at some of the murder rates in some of these troubled areas, even down in… from East St. Louis and Rockford, Illinois, it’s some of these very same loopholes that people who are intent on hurting other individuals take advantage of. And there is a market for… for people or these criminals, if you will, who look 09400040.doc 147  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 for an opportunity to exploit so they can get a weapon illegally or creatively. And those weapons end up back on the streets all across the State of Illinois to do nothing but hurt, harm, maim and kill people. I think this legislation is one of the an… the… the better answers that we have in trying to curb the issues of gun violence that plague our state here. I think the Sponsor is very keenly aware of some of the dynamics that it takes to close and help to try to curb this issue of illegal gun activity here in the State of Illinois. And I would strongly, strongly encourage an ‘aye’ vote in supporting this measure. And for those serious gun collectors or those hunters, this Bill I see it as… I see it not hurting that activity. I see this only helping us to reduce crime in our great state. And I would ask and encourage all of us to support this legi… this measure. And do an ‘aye’ vote for him. Thank you.”

“Seeing no further questions, the question is, ‘Shall the House… The Gentleman from White, Representative Phelps, for what reason do you rise?”

“To the Bill, Mr. Speaker.”

“To the Bill.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. In all due respect to the Sponsor when he said that this is a reasonable Bill, this is not a reasonable Bill. If you’re for registration in this state then, yeah, you ought to vote for this. This is abuse that has been caught up… there’s a Chicago school principal that got caught up 09400040.doc 148  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 in this, a Chicago firefighter that got caught in this. This is something that the State Police doesn’t even have the authority to have and shouldn’t be able to keep. And I just urge a ‘no’ vote. This is not a reasonable Bill. And please vote ‘no’ on this Bill… ‘no’.”

“Representative Osterman to close.”

“I appreciate the debate and the work and the people that have considered this throughout this Session. I think it’s an important Bill to stop criminals from getting firearms, to stop domestic abusers, potentially stop terrorists. I look at this legislation that’s something that affects everybody in the State of Illinois. It’s not a partisan issue. And I’m going to close with words that again are not mine, but these are the words of U.S. Senator John McCain. Last year in Washington he said, ‘Why do we need gun show loophole legislation?’ Some might point to the tragedy such as Columbine, but as horrific as this massacre in Columbine was where 11 people were needlessly killed, that is not what drive us to close the loophole. We need this… need this Amendment because criminals and terrorists have exploited and are exploiting this very obvious loophole in our gun safety laws. We need this Amendment because our Second Amendment rights do not extend to criminals who violate our laws and terrorists who hate our country. We need this Amendment because according to the NRA hundreds of thousands of unlicensed firearms sales occur at gun shows every year. We need this Amendment because ATF has identified gun shows as a second leading 09400040.doc 149  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 source of firearms recovered from illegal gun trafficking investigations. We also need this Amendment because my law-abiding constituents who attend gun shows should not have to rub shoulders with the scum of the earth who use this loophole to evade background checks to buy firearms. Ladies and Gentlemen of the House, the time is now. I’d ask for an ‘aye’ vote.”

“The question is, ‘Shall the House pass House Bill 794?’ 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? Leitch. The Clerk shall take the record. On this question, there are 63 voting ‘aye’, 51 voting ‘no’, 1 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings we have House Bill 3528, Representative Rose. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Davis, for what reason do you rise?” 09400040.doc 150  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Davis, M.: “Thank you, Mr. Speaker. I rise in support of the Gentleman’s Motion. We did find after talking with Representative Rose and our staff that the Department of Agriculture will find the funds without an additional appropriation. And I think this is an excellent piece of legislation in reference to the growing plague of the drug abuse. Thank you, Sir.”

“The question is, ‘Shall the House pass House Bill 3528?’ 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? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mendoza, on page 2 of the Calendar we have House Bill 1197. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Mendoza.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1197, Amendment #3 is up for consideration right now. I’d ask for your support. And basically what it does is that this legislation would require an individualized behavioral support plan based upon a functionalized behavioral assessment for individuals 09400040.doc 151  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 who exhibit violent behaviors, self-injurious behaviors and things of that nature. And basically, for those of you who may not know, it’s still legal in Illinois to use electric shock in community programs for individuals with developmental disabilities. What Amendment #3 to House Bill 1197 does is it would prohibit the use of electric shock and create a committee to write rules regarding the use of aversive techniques in community programs which serve individuals with developmental disabilities. Be happy to answer any questions and would ask for your favorable support of the Amendment.”

“Seeing no questions, the question is, ‘Shall the House adopt Amendment #3 to House Bill 1197?’ All those in favor should vote ‘aye’; all those… should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #3 is adopted. Further Amendments?”

“Third Reading. On page 23 of the Calendar, Representative Skip Saviano, we have House Bill 2577. Read the Bill, Mr. Clerk.”

“Gentleman from Cook, Representative Saviano.”

Speaker Turner: “Seeing no questions, the question… The Gentleman from Cook, Representative Molaro. Seeing no questions, the question is, ‘Shall the House pass House Bill 2577?’ 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? Parke. The Clerk shall take the record. On this question, there are 115 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. 09400040.doc 153  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Representative Saviano, you also have House Bill 1178. Read the Bill, Mr. Clerk. It’s page 21 of the Calendar.”

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

“Seeing no questions, the question is, ‘Shall the House pass House Bill 1178?’ 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? Yarbrough. The Clerk shall take the record. On this question, there are 115 voting ‘aye’, 0 ‘noes’, 0 voting ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 24 of the Calendar, Representative Joe Lyons, we have House Bill 3851. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Gentleman from Cook, Representative Lyons.” Lyons, J.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3851 amends the Illinois Act of the Aging creating a community care program advisory committee in the Department of Aging to advise the Department of 09400040.doc 154  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 issues related to the Department’s programs of service to prevent unnecessary institutionalization. It sets forth the terms and conditions of the membership of the committee, provides the committee reports and recommendations are advisory only. The Amendments that we put on there were to basically say that there is no cost that’s gonna be affecting the department. And it clarifies that members must comply with the ethics statement. I’m looking for your positive… ‘yes’ votes on this and be happy to answer any questions.”

“Seeing no questions, the question is, ‘Shall House… shall the House pass House Bill 3851?’ 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? Reitz. The Clerk shall take… the Clerk shall take the… take the roll. On this question, there are 115 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 15 of the Calendar, Representative Mautino, we have House Bill 2612. Read the Bill, Mr. Clerk.”

“Third Reading. On page 10 of the Calendar, Representative May, we have House Bill 1628. Read the Bill, Mr. Clerk.” 09400040.doc 155  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Out of the record. Representative Rita on House Bill 1337. Take it out of the record. Representative Jefferson on House Bill 1370. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Soto or Representative Jefferson on Amendment #1.”

“Thank you, Mr. Speaker. Amendment #1 makes two changes to the original Bill. The first change was made in response to committee Members’ concern of the Bill’s increased penalties that might apply to employees who are unaware that they were subject to prevailing wages. And the second change is made in response to opponents’ concern that the debarment period provided for in the Bill was too high.”

“Seeing no questions, the question is, ‘Shall the House adopt Amendment #1 to House Bill 1370?’ 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 #1 is adopted. Further Amendments?”

“Third Reading. On page 2 of the Calendar, Representative Miller, we have House Bill 9. Out of the record. On page 26 of the Calendar we have Representative Molaro on House Bill 1284. Read the Bill, Mr. Clerk.”

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

“Thank you, Mr. Speaker. There was a misunderstanding in this Bill last time it was called. This just allows by front door referendum that if the mayor and the city council pass, it’s put on a referendum the voters have to vote and pass. Right now, you can pass half a percent. This allows 1 percent. But it’s a front door referendum, must be passed by the voters. And this is for all these towns and villages. This is brought by about 25 suburbs in Cook County and many, many small towns downstate. It is a front door referendum and the people must vote if they wanna increase their sales tax by 1 percent. This is not a tax increase nor is it a fee increase.”

“Seeing no questions, the question is, ‘Shall the House pass House Bill 1284?’ 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? Patterson. Moffitt. Karen May. Bill Black. Mike Bost. Anybody else? The Clerk shall take… Any further changes? The Clerk… the Clerk shall take the record. On this Bill… this Bill having rece… this 09400040.doc 157  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Bill… there are 23 ‘ayes’, 92 ‘noes’, 0 ‘present’. This Bill, having not received the Constitutional requirement, is hereby declared failed. Molaro, you want to try another one? How about House Bill 2369? You got close on that last one. The Gentleman from Cook… Read the Bill, Mr. Clerk. 2369.”

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

“Thank you. Can I have leave to present this from my chair? I’m a little woozy. I’m a little weak. This Bill… now this… thank you very much. Thank the camera man for that. I… I… I could get through this though, if I just have a minute. This Bill… I… I… I think I can stand, I… I’ll make it. Thanks. This Bill came out of… it’s actually of little serious Bill. But what… what we’ve done here is, this Bill came out of the City of Berwyn. There was a man that was accused of maybe about 3 or 4 years ago of doing something inappropriate with a couple of children in school. And what should have happened, it should have been reported to either DCFS or law enforcement and they could have looked this over and see if it was inappropriate or not. And it has to do with reporting statutes. He didn’t and it wasn’t turned over by the principal or the superintendent or some school board members. And then about 4 years later there was a bunch of accusations that it’s pending for about 20 or 30 students who came forward 09400040.doc 158  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 saying they were fondled amongst other things. Basically, what happened was we found out that the five or six people who knew about this and didn’t report it, one of the things was they wasn’t… they weren’t aware of the law. So, after talking to school principals, after talking to principal associations, the IEA, the School Alliance Board, what we came up with we thought would be a great idea that when someone’s hired as a teacher or one of these reporters that all they do is they read the law and they sign a little statement that they read the law and they understand that they now have to report this type of abuse. And that’s all it goes. There’s no penalties, there’s nothing with it. It’s just like when we take our ethics laws, we just sign a paper that we read ‘em. And that’s all this does. But it’s important that the reporters know what the law is and that’s what this Bill does. And this has now… have all been agreed to by all the parties.”

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

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

“Indicates he will.”

“Representative Molaro, just for a question ‘cause I see on the screen here, maybe I missed it in your… in your presentation. Are the Illinois Principals Associations against this legislation?”

“No, they’re for it. Now, them as well as the School Alliances, they wrote the Bill. All this language is their language.” 09400040.doc 159  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“No, that’s fantastic. ‘Cause I… I would think that they would be and maybe the… the screen here was wrong ‘cause I… To the Bill. I rise in strong support of this legislation and I just wanted to ask that question as it in… just to clarify what I had here on my screen. Thank you.”

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

“Indicates he will.”

“That’s…”

“…yeah, that’s… that’s the previous Amendment that we withdrew and this… we never filed. So, we never even voted on it. I took that out. The School Board Alliance and the Principals Association made me see the light of day. So, I pulled that.”

“Floor Amendment #1. And it does not raise penalties nor does it even talk about penalties.”

“Well, it certainly isn’t my intention to do that. As a matter of fact, we went through committee and someone came up to me afterwards. But going through all of committee no one from the Medical Society slipped it or came in and said they had a problem with it. And as you all know, the Medical Society is pretty…”

“…pretty strong down here. If they had any opposition, they certainly would have came to me or slipped it or it would be in our analysis and it’s not.”

“Pardon me?” 09400040.doc 161  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Oh. Never con…”

“Well…”

“Well, they could… if they have a problem with it, I… I’m trying to make this Bill as friendly as I can. I don’t wan… I don’t wanna take on the doctors or anybody.”

“I wanted it to…”

“…the doctors amend it. I’m fine, 100 percent with that.”

“I’m on that program.”

“Well…”

“…well… and if you would just give me a hug after this vote, I think that would…”

“…that would take care of and I’d feel that.”

“It… it would help.”

“Thank you. Well, can we do that in private later?”

“I don’t want the whole Body…”

“…in case I start crying…”

“Please, guys.”

“All right.”

“Don’t tell everybody.”

“Don’t tell everybody. Representative Molaro to close. Representative Black.”

“Representative Molaro, do you need to close?” 09400040.doc 163  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“No, I might start crying. So, I just ask for a ‘yes’ vote.”

“And the question is, ‘Shall House Bill 2369 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 22 of the Calendar we have Representative Nekritz on House Bill 2390. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Nekritz.”

“Thank you, Mr. Speaker. House Bill 2390 is a Bill that we’ve… that’s been before this General Assembly many, many times before. And over the last year I’ve made some significant changes to it that do make it friendlier for the municipalities, townships, and counties around the state. The purpose of this Bill arises out… The background of this Bill is that it arises out of a Supreme Court case that was decided in 1998. And that Supreme Court case determined that bicyclists are not intended users of the roadway. The result of that is that on municipal, county, and township roads there is… cyclists have… municipalities, townships, and counties have complete immunity with regard to… to bicyclists and no duty of care. 09400040.doc 164  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 But if that unit of government puts in a ‘Share the Road’ sign or a bike lane they move from being complete immune… completely immune to having regular negligence. The result of that… the public policy result of that has been that there is a disincentive in the State of Illinois to putting in bicycle facilities, to installing a ‘Share the Road’ sign, to putting in a bike lane. This is… this is bad public policy for us. We ought to be doing just the opposite. We ought to be encouraging these kinds of facilities to promote a healthy lifestyle. The opponents of this and let me just say one other thing about… in 49 other states when it comes to liability, bicyclists are treated the same as automobiles. It is only in the State of Illinois where we have this distinction. The opponents of this legislation have said many things about this Bill. First would be that they have to upgrade the roads to some… to some higher stand… they have to upgrade the roads to include facilities for bicyclists. Or that they have to maintain the roadways to some higher condition than they already do. I’d like to read from… read to you from the Bill because we expressly deal with this in the legislation. The legislation says that this, ‘shall not impose an obligation to upgrade, widen or reengineer existing highways for use by bicyclists or install or upgrade lighting or signage or… or pavement markings. And does not impose an obligation to maintain streets and highways to a higher standard for bicyclists.’ I don’t know how we could be anymore clear than this that there is 09400040.doc 165  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 no additional obligation imposed under this legislation. But there’s a further piece to that and… and this comes out of a question that was raised in committee. So, what happens if you have a gravel road or a tar and chip road or a dirt road that a bicycle was ride… bicyclist was riding on and they fall? Is… does that create liability? And the answer is, no. And the reason is that in the liability… in the legislation we establish cyclists as intended users of the roadway. But that word ‘intended’ means that there is this negligence liability. But in order to recover against a unit of local government under the Tort Immunity Act you have to prove that the local public entity had either actual or constructive notice of a hazardous condition in sufficient time prior to the injury to repair or warn about the condition. A loose stone shaking… a loose stone on an existing gravel road or dirt on a dirt road or a rock on a tar and chip road is not a defect or a hazard, but a necessary and unavoidable condition of that roadway. Those are standard things, they are not special conditions that would have to be… that would have to be dealt with. We’re only asking the… the… these units of local governments to maintain the roads as they currently are. Another example… another objection that we have heard is that this will create lots and lots of lawsuits. And again, nothing could be further from the truth. And… and we have experience in this regard to give us some back… to give us some information on that. The City of Chicago has, I believe, it’s over a hundred miles of existing bike lanes and on 09400040.doc 166  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 those bike lanes they have a regular negligence liability to bicyclists. The County of DuPage has been fabulous about developing bike facilities throughout their county. My hometown of Northbrook has ‘Share the Road’ signs. All of those places are places where bicyclists can sue if there’s negligence. Now, if there were so many lawsuits that are gonna happen as a result of this legislation why is the City of Chicago about to expand their bike lanes by a… by 4 to 5 hundred additional miles in the next few years? If they were having a problem with lawsuits where they already have liability, one would think that they would be doing the reverse. They would be taking up the bike lane markers, they would be doing away with them, not expanding them. So, their rhetoric does not match the experience. Their rhetoric says one thing and their experience and what they’re doing says exactly the opposite. We’ve also heard that… that… Thank you, Representative. We’ve also heard that it’s ridiculous that a… that a six-year-old would be an intended user of the roadway. And believe me, if I could find a different word for this I would. But this is the word that the… that the statutes require me to use in order to fit within the Motor Vehicle Code. So, it’s not that I’m… no one’s gonna send a six-year-old out on a 45 mile an hour road. That would be ridiculous and it would be unsafe regardless of the road condition. It would be unsafe because it’s unsafe to deal with the automobiles that are out there, not because of the road conditions. We would… I would like to create and I’m 09400040.doc 167  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 sure all… and as I’ve talked to many of you, I know many of you would like to create the situation in the State of Illinois where cycling can flourish. And that we can have an environment where healthy lifestyles are encouraged and not discouraged. This Bill is a necessary move before we can… before we can become a state where we are a leader in developing these active and health-friendly lifestyles. I urge your support.”

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

“To the Bill.”

“I’d like to remind the Members that this Bill is on Short Debate. There’s 12 people willing to speak. And so, I’d like to hear from an opponent. Representative Parke, the Gentleman from Cook.”

“The requisite number of hands have been raised and the Bill will be placed on Standard Debate.”

“To the Bill.”

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

Speaker Turner: “The Gentleman from Lake, Representative Mathias, for what reason do you rise?” 09400040.doc 171  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Representative Reis?”

“Where is Representative Reis? Has anybody seen Representative Reis? Oh, he’s in… Representative Reis, your name has been mentioned in debate. You’re in the gallery? Are you working today? You wanna come on down? We’ll see you when you get through, bro. Representative Mathias on House Bill 2390.”

“Now, we’ve heard two for and two against, am I correct? I think… Representative Reis, welcome back. The Gentleman from Vermilion, Representative Black. Representative Black.”

“To the Bill.”

“Gentleman is within his rights. We have heard two people for, we’ve heard two people against. The Bill is on Standard Debate. Representative Nekritz to close.”

“Thank… to… to some of the remarks made by the last speaker, I… I would like to say that those hundred miles of paths are on… on Elston Avenue, Milwaukee Avenue, Damen Avenue, some of the most heavily trafficked streets in the city. Those are not bike paths, they are streets with bike lanes on them where many modes of transportation live very peacefully. I would also like to say that the… that the word ‘intended’ is not my word, that’s not the word I selected. That’s the word required by the Illinois statutes. And before 1998, before this Supreme Court case came down, bicyclists were intended users of the roadway. It was that Supreme Court case that changed the situation and put us in the fix that we are in where Illinois is the only state in the union that has a disincentive, a disincentive for developing bicycle facilities. And I 09400040.doc 175  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 would also like to say to one of the previous speakers that his mayor, the mayor of Schaumburg, is supportive of this legislation and… and has been wonderful about developing bicycle facilities. And when we talked about costs, we talk about the rising cost of gasoline and we’re gonna talk about the rising cost of public transportation. Bicycling is an affordable, reasonable alternative to those things. And… and when we’re facing a transportation crisis in the City of Chicago and we’re threatening with… we’re threatening public transit cuts, we have to provide alternatives. Ladies and Gentlemen, this is not going away. This Bill is gonna be around as long as I am. And I hope you will support it this time so we can move ahead in this state on affordable, healthy forms of transportation. Thank you.”

“I would advise the Members to punch their own button, the Gentleman has asked for verification. The question is, ‘Shall the House pass House Bill 2390?’ 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? Representative Flowers. Acevedo. Cultra. Bradley. The Clerk shall take the record. On this question… on this question there are 60 voting ‘aye’, 55 voting ‘no’, 0 ‘presents’. And the Gentleman has requested a verification. Representative Black. Mr. Clerk, poll the absent… poll the absentees. Poll those voting in the affirmative.” 09400040.doc 176  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Representative Black.”

“Would all the Members please take their seats so that we may proceed? The longer we take to take our seats, the longer we sit here, or you stand or you walk. So, if all Members and staff retire to the rear of the gallery, we will proceed with this verification. Before you…”

“…before you proceed, Representative Cultra has his light on. Representative Cultra.”

“Your point is well-taken, but the Bill was on Standard Debate, Representative. Representative Black, you may proceed with the verification.”

“Mr. Clerk, how is Representative…”

“…Flowers…”

Speaker Turner: “You’ll have to bear with me also, Representative.”

“I… I believe Representative Flowers is voting ‘no’.”

“I didn’t hear that.”

Speaker Turner: “Representative Yarbrough. How’s the Lady recorded, Mr. Clerk?”

“Is Representative Yarbrough in the chamber? The Lady is not here. Remove her from the Roll Call. Representative Black.”

Speaker Turner: “Mr. Clerk, there are 59 voting ‘no’, 55 voting… I should say 59 voting ‘aye’, 55 voting ‘no’. And this Bill, having… Representative Nekritz.”

“Mr. Speaker, if I could put the Bill on Postponed Consideration?”

“The Lady requests that the Bill be placed on Postponed Consideration. The Gentleman from Jasper, Representative Reis… Reese, for what reason do you rise?”

“Reis, Reis.”

“Elaine, cousin Elaine, welcome to Springfield. The Gentleman from Randolph, Representative Reitz, for what reason do you rise?”

“I’d just appreciate it if Representative Reis would stay on the floor ‘cause I thought I was in the gallery and I was a little concerned about that.”

“Representative Lou Jones, on page 24 of the Calendar we have House Bill 3742. Read the Bill, Mr. Clerk.” 09400040.doc 179  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“The Lady from Cook, Representative Jones.” Jones, L.: “Thank… thank you, Mr. Speaker and Members of the House. House Bill 3742 is just simply some cleanup language from last year. It requires that all audits that are to be completed under the Illinois Grant Funds Recovery Act, the Local… the Local Records Act and the Illinois Municipal Code and the Public Water Districts Act must be performed by the certified public accountants permitted to perform all this under the Illinois Public Accounting Act. Again, it’s just a simple cleanup from last year and I ask for an ‘aye’… favorable vote.”

“Seeing no questions, the question is, ‘Shall the House pass 3742?’ 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? Representative Bost. Bost. Clerk shall take the record. On this question, there are 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Macon, Representative Flider, for what reason do you rise?”

“Point of personal privilege, Mr. Speaker.”

“State your point.”

“Okay. Ladies and Gentlemen of the House, I just wanted to let you know that one of our fellow Representatives was blessed with her… with a grandchild 09400040.doc 180  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 yesterday evening. Representative Naomi Jakobsson her… had a granddaughter born last night at 11:20 and this is her ninth grandchild. So, I just wanna congratulate her.”

“Congratulations, Representative. Little boy, little girl? Little girl. On page 2 of the Calendar, Representative Miller, we have House Bill 9. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker. Floor Amendment 3 is just language in regards to the Good Samaritan Act. The Illinois State Medical Society and the Illinois Trial Lawyers are in agreement in the language.”

“Seeing no questions, the question is, ‘Shall the House adopt Amendment #3 to House Bill 9?’ 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 23 of the Calendar we have House Bill 2853, Representative Tyron… Tryon, I’m sorry.”

Speaker Turner: “The Gentleman from McHenry, Representative Tryon.” 09400040.doc 181  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Seeing no questions, the question is, ‘Shall the House pass House Bill 2853?’ 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 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Sullivan, on page 21 of the Calendar we have House Bill 782. Read the Bill, Mr. Clerk.”

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

“Seeing no questions, the question is, ‘Shall House Bill 782 pass?’ All those in favor 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? Kosel. The Clerk shall take the record. On this question, there are 99 voting ‘aye’, 12 voting ‘no’, 1 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 7 of the Calendar, Representative Reitz… oh, Reis… Reis and Reitz. We… he’s here. Not in the gallery. This is on House Bill 1074. Read the Bill, Mr. Clerk. Page 7 of the Calendar.”

“The Gentleman from Randolph, Representative Reitz on Amendment #2.”

“Thank you, Mr. Speaker. Amendment #2 is similar to it’s… it’s an agreement we reached with the Farm Bureau and 09400040.doc 183  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 a few other deer hunting groups in relationship to caps. It’s similar to… we had… we had Representative Dugan’s Bill that dealt with putting caps on… on the amount of archery… nonresident archery deer hunting permits. This will put that at… at 20 thousand and adjusted the fee that’s also in here. And I’d be happy to answer any questions.”

“The Gentleman from Cook, Representative Parke, for what reason do you rise?”

“He indicates he will.”

“No, they’re now in support of the Bill.”

“They… their original opposition was not on the… the… actually the original Bill. The original Bill was… had a residency clause, it had a fee in for a nonresident deer hunters. They were opposed to it because they wanted some… they wanted to take the cap off of the nonresident deer hunting permits. And in an agreement with them we have raised the permit limit from 15 thousand currently to 20 thousand. We have a technical change that we wanna make in the Senate. But with that… with the raising it from 15 to 20 they are now in support.”

“No. I don’t know that they ever were. Which…” 09400040.doc 184  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“…which farmers?”

“I… I… I think with the… the raising… as opposed to taking the cap off completely, raising the limit will address their concerns. That coupled with raising the fees should keep it at 20 thousand being a… a manageable number. And we have an agreement with the department to sit down and look at the number of… of permits that are requested next year and hopefully adjust that accordingly.”

“The question is, ‘Shall the House adopt Floor Amendment 2 to House Bill 1074?’ 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 17 of the Calendar, Representative Saviano, we have House Bill 3066. Read the Bill, Mr. Clerk.”

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

“Seeing no questions, the question is, ‘Shall Floor Amendment #1 be adopted to House Bill 3066?’ 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. On page 5 of the Calendar, Representative Saviano, we have House Bill 873. Read the Bill, Mr. Clerk.”

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

“The Gentleman from Cook, Representative Parke, for what reason do you rise?”

“He indicates he will.”

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

“Will the Sponsor yield?”

“Indicates he will.”

“I don’t… has… has their been any conversation with the IRS or any special agents of the IRS over this Bill, where they stand? Gotten any phone calls lately on it?”

“That… they’re… they’re probably controlling this anyway.”

“So, thank you.”

“Seeing no further questions, the question is, ‘Shall the House adopt Amendment #2 to House Bill 873?’ All those in favor say ‘aye’; all those opposed say ‘no’. The opinion of the Chair is the ‘ayes’ have it. And Amendment #2 does adopt… is adopted. Further Amendments?”

“Third Reading. On page 5 of the Calendar we have Representative Phelps on House Bill 934. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Gentleman from White, Representative Phelps.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 934 is an initiative of ABATE…”

“No, Third Reading. On page 19 of the Calendar we have Representative Ryg on House Bill 3767. Read the Bill, Mr. Clerk.”

“The Lady from Lake, Representative Ryg.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3767 creates the Business Location Efficiency Act. And I’d like to thank the Members of the International Trade and Commerce Committee for their consideration of this Floor Amendment versus the Committee Amendment. The Amendment addresses the concerns of the Department of Commerce and Economic Opportunity and economic development groups and local governments by providing incentives to businesses who consider workforce housing and transportation needs when locating their businesses. Businesses who qualify for the existing EDGE Program, DCEO’s incentive for economic development for a growing economy, can receive an additional 10 percent in tax credits or an extension of EDGE credits if they locate in a site with access to affordable workforce housing or accessible transit options or if the business creates jobs 09400040.doc 190  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 in a labor surplus area. A business can also qualify for the additional tax credit or extension if its selected location is not location efficient, but they can submit an acceptable plan addressing employee housing and transportation needs. DCEO may provide technical assistance to employers in developing such a plan. The Bill provides for progress reports as required by the Corporate Accountability for Tax Expenditures Act with data on outcomes. A report on incentives awarded and DCEO findings and recommendations shall also be reviewed by an appropriate House Committee prior to distribution to the General Assembly. This Act will sunset on December 31, 2010. I ask for your support of House Bill 3767 as a true incentive to businesses to address our priorities of employment opportunity, affordable workforce housing and shortened commute times. I thank the committee Members and staff for their advice and direction in drafting this Amendment. And I’m open to any questions.”

“Seeing no questions, the question is, ‘Shall the House adopt Amendment #1 to House Bill… I’m sorry. The Gentleman from Vermilion, Representative Black.”

“She indicates she will.”

“I share your concerns about the employment opportunities, Representative, and that is why we took out the priority requirement for awarding of the EDGE grants. And we also addressed your district by including labor shortage areas as being eligible… I’m sorry, labor surplus areas, for being eligible for the additional credits. So, Danville, the City of Danville, is eligible for the incentive under this new Amendment.”

“We’re trying to provide incentives for businesses to locate throughout this state by asking them to consider the other priorities of this state. So, that’s why we included the labor surplus areas and areas that have issues with affordable workforce housing and transportation congestion. I’m open to other suggestions that would meet the needs of other areas of the state. We accommodated every request that was presented.”

Speaker Turner: “Bring your remarks to a close, Representative.”

“Representative Ryg, do you want to withdraw this Amendment? Representative Molaro?”

“When his mike went off, I couldn’t hear the end of that. Would he please repeat the end of that part with… with a mike?”

“When he… when he comes back to give you the hug he can tell you. Seeing no further questions, the question is, ‘Shall House Amendment #1 to House Bill 3767 pass?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ 09400040.doc 194  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 have it. And Amendment #1 is adopted. Further Amendments?”

Speaker Turner: “The Bill shall remain on Second Reading. Representative Ryg, you have another Bill, 834. Mr. Clerk, read that Bill.”

“The Lady from Lake, Representative Ryg.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 834 creates the Restroom Access Act. This requires a retail establishment that does not have a public restroom, but has a toilet facility for its employees allow a customer to use that facility during normal business hours if the customer suffers from an eligible medical condition. I have introduced Ally’s Law because my constituent who is a high school freshman shared her story with me and asked that Illinois respond to the needs of the thousands of Illinoisans who suffer from Crohn’s disease and other irritable bowel conditions. Maryland and Michigan have similar legislation and served as the model for this Bill. Thanks to the efforts of the retail merchants, trial lawyers, petroleum marketers and convenience store operators, the Bill as amended has been agreed to by all parties and I an unaware of any 09400040.doc 195  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 opposition. I ask for your support to ensure that the painful and embarrassing experience of Ally Bain and others like her leads to a commonsense Illinois law, so that all our constituents have access to a restroom when they need it. Again, I’m open to any questions.”

Speaker Turner: “The Gentleman from Cook(sic-Vermilion), Representative Black, for what reason do you rise?”

“To the Bill.”

Speaker Turner: “The Lady from Kane, Representative Chapa LaVia.”

“Thank you, Speaker. I, too, stand in support of this Bill. My… my husband has gone through a lot of issues in life, probably in the last 15 years with colitis and he knows of every washroom within three miles of the vicinity of my home. And to see a older man or a man period get up and talk like my colleague just did for… on behalf of quite a few hundreds of thousands of people in the State of Illinois, I am very proud for what he just said. And I want to commend you, Representative Ryg, on all the work you’ve done on this in behalf of that board and a lot of boards in this state and throughout this country. Thank you for carrying this Bill.” 09400040.doc 197  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Seeing no further questions, the question is, ‘Shall the House adopt House Bill 834?’ 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 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 23 of the Calendar we have Representative Soto on House Bill 3471. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Soto.”

“Thank you, Speaker and Members of the House. House Bill 3471 as amended makes many changes in the statute regarding day and temporary labor. The Amendment was an agreement that was worked out between a large staffing groups and proponents. IMA was involved and is currently neutral. The Bill provides legislation… finding notification to employees, record keeping, wage, food and transportation provisions, company registrations and penalties. In specific, the Bill requires as follows. It does a number of things and it’s on the… our… on our computer. So, I’m open for questions. And I urge an ‘aye’ vote. Thank you.”

“The question is, ‘Shall House Bill 3471 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? 09400040.doc 198  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Have all voted who wish? The Clerk shall take the record. On this question, there are 76 voting ‘aye’, 37 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Soto, we have House Bill 1133. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Soto.”

“Thank you, Speaker. Yes, House Bill 1133 becomes the Bill, rewrites the requirement for the Department of Public Aid to undertake a pediatric asthma initiative. The Chief Sponsor made the commitment to work out the language with the department. I urge an ‘aye’ vote. I’m open to qu…”

“Seeing no questions, the question is, ‘Shall the House adopt Amendment #2 to House Bill 1133?’ All those in favor should vote ‘aye’… should 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. Mr. Clerk, what’s the status of House Bill 3687?”

“Gentleman asks leave to bring the Bill back to Second Reading. Leave is granted. On page 5 of the Calendar we have Representative Washington on House Bill 822.”

“Representative Washington on Amendment #1.”

“Thank you, Mr. Speaker. Move for adoption of the Amendment #1, please.”

“Gentlemen moves for…”

“This Bill is a Bill that creates a career ladder for those already in the Illinois long-term health care and creates a better assistant for the nurses who take care of the patients throughout the State of Illinois.”

“Gentleman…”

“I ask for favorable approval.”

“…Gentleman moves for the adoption of Amendment #1 to House Bill 822. All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Amendment is adopted. Further Amendments?”

Speaker Turner: “The Gentleman from Lake, Representative Washington, on Amendment #2. Eddie?” 09400040.doc 200  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Yes, Sir, thank you. Amendment #2 was agreement between the nursing industry and the Illinois Trial Lawyers. And I ask for favorable approval of Amendment and adoption of Amendment #2.”

“The Gentleman moves for adoption of Amendment #2. 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 #2 is adopted. Further Amendments?”

“Third Reading. On page 20 of the Calendar, Representative Winters, we have House Bill 242. Read the Bill, Mr. Clerk.”

“The Gentleman from Winnebago, Representative Winters.”

“The question is, ‘Shall House Bill 242 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? Have all voted who wish? Parke. Wait. Parke. Have all 09400040.doc 201  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 voted who wish? The Clerk shall take the record. This Bill having received 46 ‘ayes’, 63 ‘noes’ and 3 ‘presents’… not having received the Constitutional Majority, fails. Representative Watson on House Bill 866. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Gentleman from Morgan, Representative Watson. Third Reading. Representative McAuliffe on House Bill 3696. Read the Bill, Mr. Clerk.”

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

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

“To the Bill. The… I believe this Bill may be tweaked just a little bit, but we do support it, the Illinois State 09400040.doc 202  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Dental Society. And I will be voting in favor of it… of it even though it may be a conflict of interest.”

“Seeing no questions, the question is, ‘Shall the House pass House Bill 3696?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. 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 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 6 of the Calendar, Representative Saviano, we have House Bill 1031. Read the Bill, Mr. Clerk.”

“Gentleman moves for the adoption of Amendment #2 to House Bill 1031. 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 #2 is adopted Further Amendments?”

“Third Reading. Representative Saviano we have House Bill 3045. Read the Bill, Mr. Clerk.”

Speaker Turner: The Gentleman from Cook, Representative Saviano.”

“Seeing no questions, the question is, ‘Shall Amendment #1 to House Bill 3045 pass?’ All those in favor should vote… should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And the Amendment’s adopted. Further Amendments?”

“Third Reading. On page 8 of the Calendar, Representative Chavez, we have House Bill 1320. Representative Chavez. Read the Bill, Mr. Clerk.”

“Third Reading. On page 9… 4 of the Calendar, Representative Boland, we have House Bill 542. Read the Bill, Mr. Clerk.”

“Third Reading. Mr. Clerk, we have House Bill 2260, Representative Soto. Read the Bill, Mr. Clerk.”

“Third Reading. Representative Younge on House Bill 1271. Read the Bill, Mr. Clerk. 1271.”

“Representative Younge.”

“Take it out of the record, please.” 09400040.doc 205  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Okay. Representative Younge, would you like to call 962?”

“Yes, I would.”

“Mr. Clerk, read the Bill. 962.”

“Thank…”

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

“Thank you, Mr. Speaker and Members of the House. House Bill 962 amends the Foreign Trade Zone Act and makes it possible for a City of East St. Louis to apply to the Foreign Trade Zone Board for an approval of a foreign trade zone designation. East St. Louis was approved in the statute, but later there was a limitation placed on the number of foreign trade zones designation… no more than one in an area of 35 miles for two counties bordering the Mississippi River, St. Clair and Madison County. I was asked by the committee to contact the Federal Government in order to see whether or not… what would be their reaction to a… an Amendment to this legislation. And basically, the response was that it was… it would not be appropriate for them to… for the Federal Government to comment about legislation, but that the enabling legislation was the priority of… of the State Legislature. And that is what the Foreign Trade Zone Board would look at.”

Speaker Turner: “The Gentleman from DuPage, Representative Meyer.” 09400040.doc 206  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“She indicates she will.”

“The… the answer was that they would not comment on pending legislation in the General Assembly. That that was the prerogative of the State Legislature. And…”

“…they would…”

“The Federal Trade Zone Board will look at the enabling legislation and decide whether or not to approve the application of the particular municipality. What… what the director… the Executive Director of the Federal Trade Zone Board said that he… he did not want to comment on pending legislation in reference to this matter. They would look 09400040.doc 207  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 at it if at some time there was an application by a municipality. Then they would look at the enabling legislation and come to some conclusion. East St. Louis was approved by the… the General Assembly to apply for a designation as a federal trade zone location. And what I’m trying to do is to eliminate the… the restriction of no more than one federal trade zone designation in the St. Clair, Madison County area.”

“Yes, it is. And it is the… the one current federal trade zone designation.”

“It’s located in Granite City.”

“It…”

“…it has sub zones, yes.”

“It has offered sub zones, but a sub zone usually is one particular business and it doesn’t have the 09400040.doc 208  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 comprehensive effect of a… of a full zone. East St. Louis needs a revitalization of its economy.”

“And new jobs.”

Speaker Turner: “Bring your remarks to a close, Representative.”

“The… the sub zone does not have the economic impact and effect of a… of a full zone. There is a need for a drastic economic recovery in the East St. Louis area. And what is needed is the federal trade zone designation to help to bring about that economic recovery. And it will not be sufficient to just have a sub zone with one business, which is usually the case.”

“The Gentleman from Cook, Representative Parke, for what reason do you rise?” 09400040.doc 209  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

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

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

“She indicates she will.”

“Ms… Ms. Younge, this is two different counties, Madison and St. Clair. And if a federal trade zone was to be established in St. Clair County, which East St. Louis is within those boundaries, how many zones do you know that would be sites… I’m sorry, not zones, how many sites would be created in that zone?”

“There could be numerous sites created in that zone, Representative. Five, ten, it’s according to how… how many offers of various types of businesses that would want to locate there. But it would give East St. Louis much more strength to have the full zone to offer, rather than just one sub zone.”

“Well, Ms. Younge, so basically, this piece of legislation is one that you can say that, mama may have, 09400040.doc 210  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 papa may have, but God bless the child that’s got his own, right?”

“I… I think that that is… is the case. I think…”

“To the Bill, Mr…”

“To the Bill.”

“…Mr. Speaker. Mr. Speaker, I rise in support of this Bill and I commend the Sponsor for having the vision to try to create and evolve East St. Louis in a direction that will bring it up from the level that we’ve known that it has been trapped in for so many years. And ask my colleagues to give support for this Bill.”

“The Gentleman from Randolph, Representative Reitz, for what reason do you rise?”

“Speak to the Bill, Mr. Speaker. The only… I guess the only, just for clarification, all Representative Younge is trying to do with this Bill is to change the law. You can currently not apply for a free trade zone if it’s within 50 miles of another free trade zone. Granite City is around 30 to 35 miles away. This will allow them to make application and will be a useful economic development tool for East St. Louis. And… and I stand in support of her Bill.”

“The question is, ‘Shall the pass… House pass House Bill 962?’ 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 112 voting ‘aye’, 0 ‘noes’, 1 voting 09400040.doc 211  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Members, for your attention… May I have your attention? Any Member who had an Amendment that was passed out of committee either last night or today and their Amendment has not been adopted to a Bill as of yet, please come down to the front of the podium. If you had an Amendment that was heard in a committee last night or today, either out of Rules or in a committee and it has not been adopted, please come down to the podium now so that your Bill will be in a position to be voted on tomorrow. If the Amendment is not adopted today, you will not be on… be able to move this Bill tomorrow. So, if you were not called, please come to my left and state so we can move forward. Representative Lyons will now be in the Chair.” Speaker Lyons, J.: “Thank you, Representative Turner. Representative Lyons in the Chair. Representative Munson, for what purpose do you seek recognition?”

“On that… Thank you, Mr. Speaker. …same vote. I think it was Representative Munson who just said she… she’d like to change her vote. I mean is that possible, can we do that?” Speaker Lyons, J.: “Repeat the question, Representative Molaro, on the…”

“Well, I think it was Representative Munson you called on… didn’t… as Representative Black said, I’d like the record to reflect. But I think she actually asked that her vote be changed. Can we do that? Okay. Oh.” 09400040.doc 213  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Speaker Lyons, J.: “Just in the Journal will reflect her wishes, but the record will stand. Representative Parke.”

“Thank you, Mr. Speaker. Amendment #1 is an Amendment that was brought to me by a constituent. And it deals with satellite television disc(sic-dish). And basically, what this Amendment says… right now if you discontinue service with a satellite company and you decide to go, say, with cable or another provider or wherever you may wanna read… receive your television signals, the company… the disc(sic- dish) company does not come out and remove the disc(sic- dish). And in fact, there’s a USB port on the satellite itself that they require you to move and if you do not remove it, they will charge you some fee to take that and send it back. The contention is that if they climb up on your roof that you as a senior or whatever should not have to go up on the roof to return that USB dish. And I’m… in this legislation we’re saying that it’s the responsibility of the satellite company to come out and remove its property from your… from your land or out of your house. And I move for the adoption of Amendment #1.” Speaker Lyons, J.: “Any discussion on Floor Amendment #1 to House Bill 1662? Seeing none, those in favor signify by voting ‘yes’; those opposed ‘no’. In the opinion of the Chair, the ‘ayes’ have it. Adopt Floor Amendment #1. Any further Amendments, Mr. Clerk?”

“Thank you, Speaker, Members of the House. House Bill 2260 becomes the Bill. On House Am… House Amendment #1 makes court reporters subject to a sole supervisory authority of a various Circuit Courts whether than the Supreme Court. The Bill is intended to make it possible for the court reporters to have collective bargaining rights under the Illinois Public Labor Relations Act. I urge an ‘aye’ vote.” Speaker Lyons, J.: “Is there any discussion? Seeing none, the question is, ‘Should House Bill 2260 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? Mr. Clerk, take the record. On this Bill, there are 112 Members voting ‘yes’, 1 Member voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 23 of the Calendar Representative McCarthy has House Bill 3488. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 3488 amends the Health Services 09400040.doc 216  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Education Grants Act. This is a Act that we distribute money throughout the state to all of our medical institutions. And the Amendment yesterday made this agreed Bill. We basically said instead of doing it just on enrollment, we’re now gonna let the Board of Higher Ed look at the different medical needs of our state. If they feel that there’s a greater need for more nurses, they’ll put a little bit more money toward the nursing programs. If they feel there’s more need for like optometrists, they’ll put a little bit more money toward optometry. So, with that 10 percent of the money going into a fund that the Board of Higher Ed will be able to distribute it is an agreed Bill. And I’d ask for your support.” Speaker Lyons, J.: “Chair recognizes the Lady from Cook, Representative Monique Davis.” Davis, M.: “Thank you, Mr. Speaker. Will the Sponsor yield? Is this the program…” Speaker Lyons, J.: “He indicates he will.” Davis, M.: “…in which the University of Illinois is given dollars in order to increase the number of medical professions… prof… professionals in our state?”

“No, it’s not. The…” Davis, M.: “Oh, it’s not.”

“…this is the program that is mostly distributed to private universities throughout the state.” Davis, M.: “Oh… only how many?”

“Pardon?” Davis, M.: “Five?” 09400040.doc 217  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“I’m sorry?” Davis, M.: “I didn’t hear you.”

“I said that, no, it’s not. This does not have anything to do with the money for the University of Illinois. That’s handled through direct appropriation, so…” Davis, M.: “Okay. Thank you.”

“Thank you.” Speaker Lyons, J.: “Seeing no further questions, the question is, ‘Should House Bill 3488 pass?’ All those in favor of the Bill 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 Black. Representative Colvin. McAuliffe. Representative McAuliffe. Michael McAuliffe. Mr. Clerk, take the record. On this Bill, there are 113 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 8 of the Calendar, House Bill 1314. Representative Phelps will be representing Representative Bost on this. Read the Bill, Mr. Clerk. Page 8 of the Calendar, House Bill 1314.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This matter was on Postponed Consideration, previously. It has to do with individuals who are in elected public office and the ability to hold a liquor license. There would be exemptions for mayors, village presidents or county board chairmen as these positions can currently serve as local control commissioners. House Bill 1285 further provides that if such an individual, if elected, does not participate in any meeting, hearing or decision on matters which he or she has a direct interest. Local government actions and decisions impact all aspects of business community. Outside of the business owners that hold a liquor license, there are no restrictions on the type of business owners that can be elected to local office. And I’d be happy to answer any questions.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”

“That is absolutely not true, Representative. I never even meet the alderman that… whose name was suggested.” 09400040.doc 219  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Yes.”

“That is correct.”

“Yes. I understood that there was some error in your analysis earlier.”

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

“Thank you, Speaker. To the Bill.” Speaker Lyons, J.: “To the Bill.”

“Ladies and Gentlemen, our Legislature and our government in this state and in this country is built upon having citizen Legislators. The reality and the fact is 09400040.doc 220  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 that certain people who want to come into public office, they own restaurants, they may own a tavern, they may have inherited a family business. We don’t want to preclude these people from being able to give back to the community and be in public service because of their vocation. This Bill has been narrowly drafted to preclude against any conflicts, but still allow the concept of a citizen Legislature. I ask you to think about what this Bill does. And I ask for an ‘aye’ vote. Thank you.” Speaker Lyons, J.: “Chair recognizes the Gentleman from Cook, Representative Will Davis.” Davis, W.: “Thank you… thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.” Davis, W.: “I just wanna make sure that I understand. As I’m reading in the analysis, it says the Bill prohibits individuals such as aldermen, members of city council, commissioners, village board, members of the county board. I assume that means mayors and village presidents, as well, correct? And… and assuming that that is correct, it says, ‘the Bill prohibits these individuals from participating in any meeting, hearing or decision-making process on matters pertaining to the manufacture, sale, or distribution of alcohol. Mayors, presidents of village, county board members and all law enforcing public officials remain prohibited from having any direct interest in the sale, manufacture, and distribution of alcohol.’ Correct?”

“The only exception is mayor or village president.” 09400040.doc 221  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Davis, W.: “What… what do you mean they’re exempted?”

“’Cause they very often act as liquor control commissioners.” Davis, W.: “So, they…”

“So, they are not included in this Bill.” Davis, W.: “…they are not included in this.”

“They are not included in this Bill. So, any elected office with the exception of mayor or village president or county board chairman.” Davis, W.: “Okay. So, we’re allowing… with the exception of board presidents and mayors… with the exception of them we’re allowing any of the other aldermen or what have you to have some interest. They can own a liquor license, they can own a tavern… any…”

“Restaurant, bar…” Davis, W.: “…anything like that.”

“…whatever the case may be, yes.” Davis, W.: “How… how does this affect their ability to vote when an establishment comes before them in terms of… in terms of allowing a liquor license?”

“I would suggest to you, Representative, just as we do in this Body, if we have a conflict of interest we can either state it or simply vote our conscience. And that would be the way I think they would handle it in this instance.” Davis, W.: “Okay. So, they can vote if they wanted to?”

“They could, in fact, vote on the matters that affect, but they’d have to declare their conflict.” 09400040.doc 222  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Davis, W.: “Right.”

“Just as we would here.” Davis, W.: “Okay. Thank you.” Speaker Lyons, J.: “Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

“Chairman.”

“That is correct.”

“That is correct.”

“Those are the three exceptions.”

“Thank you, Mr. Spe… thank you, Mr. Speaker. I think… I think the… Representative Burke addressed this earlier, but I… I guess similar to what Representative Sacia said. I voted against this last time. There wasn’t really clarification that… that the mayor and the county board chairman or anyone that would be in control of a liquor license… and actually be liquor commissioner. So, your… your legislation specifically prohibits county board chairmen and mayors?”

“That is correct, Representative.”

“Thank you very much.” Speaker Lyons, J.: “Representative Burke to close.”

“Thank you, Mr. Speaker and Ladies and… I think the matter has been discussed at length. And I’m certain we all understand the details of the legislation. I would simply ask for your ‘aye’ vote.” Speaker Lyons, J.: “The question is, ‘Should House Bill 1285 pass?’ Those in favor of the Bill indicate 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 Winters. Representative Brauer. Representative Dave Winters, wanna be recorded on this? Mr. Clerk, take the record. On this Bill, there are 09400040.doc 224  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 79 Members voting ‘yes’, 34 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 12 of the Calendar Representative Verschoore has House Bill 2137. Read the Bill, Mr. Clerk.”

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

“Representative, I’m looking at this Bill and I wanna look at the underlying charge of the Illinois Student Assistance Commission. It’s my understanding that this commission is basically a clearinghouse for guaranteed student loans, is that correct?” Davis, M.: “That is correct.”

“Okay. Now, you’re aware that there are many private organizations that provide student loans, correct?” Davis, M.: “I’m sure there are, certainly.”

“There… there are. And the thing… It’s a big business and the… and the student loans are guaranteed by the Federal Government. Are you aware of that?” Davis, M.: “Yes.”

“Okay. And this is where I’m going with it. And it’s not so much on your Bill. But I’ve got a problem on why we even have ISAC. I don’t understand why the State of Illinois is subsidizing this organization when there are private organizations out there doing it. And now we’re tinkering with how they can and can’t give loans. And I wanted to ask your opinion of that.” Davis, M.: “Well, ISAC administers a number of programs.”

“But… but their main focus…” 09400040.doc 227  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Davis, M.: “They… they administers… they administer other state programs and they also make sure that students are aware of deadline dates. They go out and speak to different colleges, including private colleges and let them know what is available to them. Many times ISAC only has about six workers. So, they…”

“Right.” Davis, M.: “…can’t get to as many places as they like.”

“But my… but…” Davis, M.: “However, based upon the small office that they have and the limited funds, they do an excellent job.”

“Representative, here’s my point. What I think we should be doing with this organization, I think we should be selling them. Because what they’re basically doing is competing with private organizations that are giving out student loans. They are because there… there was a huge market. There’s six major companies that are doing it now. And the thing is…” Davis, M.: “And they charge.”

“But, all right, and so do we. But here’s the difference. When they have those student loans, they sh… certainly we do, we make money on them. The fact of the matter is, it’s an ongoing business entity which has hamstrung itself that it can’t maximize its response because of the… it can’t maximize the money it can make because of the restrictions we’re putting on it. I believe that we would be better off in a time when we have a $2 billion budget deficit is actually looking to sell the 09400040.doc 228  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 portfolio of guaranteed student loans to private entities that can run it cheaper, more efficiently and we could get rid of an entire agency and…” Davis, M.: “Well…”

“…and probably bring a hundred or $200 million to our State Treasury to help bring down the deficit without caus… without bothering the real issue of getting the student loans out.” Davis, M.: “Representative, to this Bill that we’re addressing at this present time, I would feel awfully embarrassed as a Legislator if I decided that the services of the Illinois Student Assistant (sic-Assistance) Commission should be sold, that we should barter a student’s ability to get grants, scholarships…”

“Ma’am, this has nothing to do with grants.” Davis, M.: “…and go to college.”

“I’m talking about the student loans.” Davis, M.: “Now, wait a minute. Banks… banks… banks sell loans. Anybody can go to a bank and purchase a loan. But why should we do that to students and have them to have a greater expense than just the college expense? It really amazes me when we…”

“…finish up. Can we just finish up? I understand where you’re going. I don’t want to be misunderstood. I’m talking about the portfolio of the guaranteed student loans. It’s the same application, whether it be a private entity or a public entity. So, what I’m saying is that we have a portfolio here that we really… the state should not 09400040.doc 229  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 be in this business of the guaranteed student loans. If they wanna talk about the grants, we can have that. They can cut this down to a two-person agency possibly or maybe put it under another agency. But the fact of the matter is, we ought to be selling that portfolio, fixing a problem, and the kids would still get the same service without any increased cost.” Davis, M.: “Well, that would…”

“I mean, that’s what we ought to be looking at and…” Davis, M.: “I appreciate…”

“I… I thank you.” Davis, M.: “…your comments, but that would certainly require an entirely different Bill. That… You know what I’m saying? That would be called, ya know, when the Bill it’s not germane to this legislation. I appreciate your comments, but this legislation has absolutely nothing to do with the privatizing of the student loan application process.” Speaker Lyons, J.: "Thank you, Representative. The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose.”

“Thank you… thank you, Mr. Speaker. To the Bill.” Speaker Lyons, J.: "To the Bill.”

“I stand in strong support of this piece of legislation. And I’ve only been here a short time. And I won’t tell you how many times some of the comments that have been made on this floor really amazes me. To say that 09400040.doc 233  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 an agency should be sold off because of their competing with private businesses. I think we need as many agencies that will a… advocate for our youth to provide them some hope. I’ve dealt with ISAC. I have a bachelors degree. Upon every quarter, each time I completed a quarter and it was time for additional money to be disbursed I went through a clar… a reverification process. They verified whether I was in school. They verified what my background was. And if I had a problem the ISAC also had a ombudsman office, where I could go to that office and make the complaints to say that if something happened to pop up to prevent me from getting the funding, they had all kinds of services that could assist me with getting through the process to assure that I stayed in school. So, it amazes me how… how people who have achieved something in life and maybe have a business or license to practice and also wanna just continue to close the door on people who need a second chance at life. I urge an ‘aye’ vote on this piece of legislation. We pass all kinds of legislation to give people a second chance, clean up their neighborhoods, their communities and make sure apartments are in best… safe haven for them to come back into it. I think this is an excellent piece of legislation and I urge an ‘aye’ vote.” Speaker Lyons, J.: "The Chair recognizes the Lady from Cook, Representative Collins.”

“Thank you, Mr. Speaker. I, too, rise in support of the legislation. As a matter of fact, I contacted several lawyers over the summer to sue the Federal Government 09400040.doc 234  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 because it’s discrimination. It’s discrimination when the only question on the application says, ‘Have you ever been convicted of a drug offense?’ So, that means you can be a murderer, a serial killer, sex offender, you could be a… a rapist, you can kill all kind of people, yet, you can get money to go to school. So, the only persons that cannot get money to attend a higher education is people who’ve been convicted of drugs. Now, who are those people? African Americans, Hispanics, minority students. So, it is discrimination. And so, if we wanted to continue that then I guess we’ll go in that route. But if we wanna stop that and say, oh, these young people are gonna be a part of our society. They’re not just gonna die, we can’t continue to keep them in jail year after year after year after year. They gonna co… be out of jail. They’re gonna get out of jail and they’re gonna become members of our society. But, what are they gonna be able to do? Absolutely nothing. They can’t get a job. They can’t get a student loan to get… to get into college to make a better life for themselves. They also can’t get in public housing because the Federal Government also says that if you’re a convicted felon you can’t live on public housing. So, you can’t take care of your family, even though you are trying to do better, because you can’t get any money to go… get an education to do better. So, when are we gonna recognize that… that law, just drug offenses. Now, if wanted to make it better you can include all offenses. Have you ever been convicted of a felony, would be a better question as 09400040.doc 235  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 opposed to, have you ever been convicted of a drug offense. So, I support an ‘aye’ vote.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Lee, Representative Jerry Mitchell.” Mitchell, J.: “Thank you, Mr. Speaker, Ladies and Gentlemen. This is a very simple situation. The Lady has a Bill that absolutely says once you’ve paid your debt to society you have a second chance. It doesn’t make any difference what color, doesn’t make any difference what race. It’s for everyone and drugs affect everyone. Give ‘em a second chance, vote ‘aye’ and let’s get on. Thank you, Mr. Speaker.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Will Davis.” Davis, W.: “Thank you, Mr. Speaker. To the Bill. I rise in support of the legislation. One of the previous speakers talked about, I guess, what appeared to be the ineffectiveness or obsoleteness of the Illinois Student Assistance Commission. Well, some of you may not know that prior to becoming elected I served 6 years as a college admissions counselor for one of our state schools. And I worked with the Illinois Student Assistance Commission trying to make sure that they provided not only just simple information but plenty of information for students who are interested in going to college. Now mind you, I was dealing with high school students that… that may not have gotten to the point where we’re trying to pass this piece of legislation, but nevertheless, the Illinois Student 09400040.doc 236  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Assistance Commission was an organization that worked very hard to try to provide students with information for… for college and whether it was loans, or grants, or whatever was out there, they worked with students. And… and if… if we look toward trying to privatize such an entity then that takes control from the State Legislature. If nothing else, I like having the ability to communicate with that organization knowing that if a student has a problem with them or something happens then I can pick up the phone and call them and that someone will be responsive to me. We have found in this society that when we privatize things that service often has a tendency to go down. It’s difficult to communicate with. So, I appreciate what the Illinois Student Assistance has done and is doing. And certainly, I support the… the woman’s legislation to make sure that we try to help all individuals or as many individuals as we can who desire and want to go to college. That’s what we’re here for to try to help individuals who want to make their lives better. So, I encourage all Members of the General Assembly to support this piece of legislation. Thank you.” Speaker Lyons, J.: "Representative Monique Davis to close.” Davis, M.: “I would just ask for an ‘aye’ vote. And I thank all of those who are cosponsors with me.” Speaker Lyons, J.: "The question is, 'Shall House Bill 3802 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 09400040.doc 237  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 voted who wish? Mr. Clerk, take the record. On this, there are 63 voting ‘yes’, 48 voting ‘no’, 0 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 14 of the Calendar Representative Nekritz has House Bill 2572. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker. This Amendment is to a Bill that seeks to ban toxic flame retardants, polybrominated diphenyl ethers. There are no opponents to this Amendment. We are banning two types of the toxic flame retardants that are already being phased out by industry and we are doing a study by the EPA, an initial study by the EPA, followed by some review with the Department of Public Health. And both agencies have agreed to do that study.” Speaker Lyons, J.: “Any discussion on Floor Amendment #2 to House Bill 2572? Seeing none, the question is, ‘Should Floor Amendment #2 be adopted?’ 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. Anything further, Mr. Clerk?”

“Thank you, Mr. Chairman and Members of the House. House Bill 20… 2004 creates the Healthy Kids-Healthy Minds Expanded Vision Program in Chicago Public Schools. Contains findings that 80 percent of the kid… the child’s learning is failed through the visual system and mandates that the school board establish a program to identify students who are in need of basic health care, but not covered by insurance or public assistance. Through the program, school districts are to provide visual examinations and glasses, dental care, hearing examinations and hearing aids. Priority for eligibility is based on financial and physical need. I’ll be happy to answer any questions.” Speaker Lyons, J.: “Are there any questions on Floor Amendment #1? Seeing none, the question is, ‘Should Floor Amendment #1 be adopted to House Bill 2004?’ All those in favor signify by voting ‘yes’… by… by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. 09400040.doc 239  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 And Floor Amendment #1 is adopted. Mr. Clerk, anything further?”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 20… the Amendment… Amendment #1 to House Bill 2001 becomes the Bill. And it would create the Financial Literacy Fund which… whose goal is to teach important life lessons to high school students who may get credit card applications, who apply for mortgages. In teaching them to learn how to manage their credit through their college years and into their early adult years. This 09400040.doc 240  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Bill came as an idea from a financial literacy seminar that Representative Yarbrough and myself attended in Washington, D.C., in January of this year. It’s modeled after legislation that was created in a… in the State of North Carolina where it has been… it was a very popular Bill and it is very popular in the classrooms. This Bill is not a mandate in the… in the sense that it requires school districts to teach this class in any particular way. But what it does do is allow different schools… different high school districts to implement financial literacy into their course curriculum across the state. I’ll be happy to try to answer any questions.” Speaker Lyons, J.: “Are there any questions on Floor Amendment #1 to House Bill 2001? Seeing none, the question is, ‘Should House Bill… should Floor Amendment #1 be adopted?’ All those in favor signify by saying ‘yes’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. Amendment #1 is adopted. Anything further, Mr. Clerk?”

“Mr. Speaker, I… maybe I… I don’t know if I understood you or heard you. But you’re holding the Bill on Second for what reason?” 09400040.doc 241  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 Speaker Lyons, J.: “I believe there’s a note… there’s a note on the Bill. The Clerk informed me there’s a note. Mr. Clerk, verify that on… on House Bill 2001.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #3 to House Bill 1428 is a gut and replace and redefines ‘mortgage lender’ to include ‘savings bank, credit union, mortgage banker or a person who receives… who services the loan, including successors in the interest of the foregoing.’ Essentially, that’s the Bill. In addition to its main provision which provides that any mortgage lender pays the taxes… who pays the taxes charged on any property, the mortgage lender within seven days must notify the borrower of the date the taxes were paid and the amount the taxes… and the amount of the taxes paid and which installment was paid.” Speaker Lyons, J.: “You’ve heard the explanation on Floor Amendment #3. Are there any questions? Chair recognizes the Gentleman from Cook, Representative Terry Parke.”

“I don’t believe they’re opposed with these Amendments that are being proposed today.”

“I don’t believe they’re opposed to the Bill with these Amendments… this Amendment and as a fourth Amendment to be adopted to the Bill which removes their opposition.”

“Representative Parke, I… I think the appropriate thing to do is to adopt the Amendment and we’ll find out tomorrow when we call the Bill.” Speaker Lyons, J.: “Representative Parke.”

“But the… and I just wanna add that the Sponsor of the Bill is not here. But I… I would suspect between today and tomorrow if the mortgage brokers are still opposed to this Bill, they will let you know. But that’s not the information I have here.”

“Representative Parke, I… I’ll repeat it. I think the appropriate thing to do is to adopt the Amendment today. I think if the mortgage brokers are still opposed to the Bill 09400040.doc 244  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005 and they will let you know that when we call the Bill… before we call the Bill on Third tomorrow.”

“Thank you, Mr. Speaker. Floor Amendment #4 simply deletes the immediate effective date of the legislation. And it also deletes the requirement that the mortgage lender must notify the borrower of the installment that was being paid.” Speaker Lyons, J.: “You’ve heard the explanation on Floor Amendment #4 to House Bill 1428. Is there any discussion? Seeing none, all those in favor of Floor Amendment #4 signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #4 is adopted. Mr. Clerk, any further Amendments?”

“Mr. Speaker, I ask for favorable approval of Amendment 1 which deals with the advanced directive for the end-of-life situation.” Speaker Lyons, J.: “Is there any discussion on Floor Amendment #1 to House Bill 1604? Seeing none, the question is, ‘Should Floor Amendment #1 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 #1 is adopted. Anything else, Mr. Clerk?”

“Thank you, Mr. Speaker. Amendment #2 would require the Department of Public Aid to report information for each employer who has more than 100 employees receiving public subsidies health care. And that information would be reported to the General Assembly on October 1 of 2006 and thereafter. Thank you.” Speaker Lyons, J.: “Heard the explanation of Floor Amendment 2. Are there any questions? The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”

“It’s the same Amendment, but there was a little technicality. So, Amendment #1… Amendment #1 became Amendment #2.”

“It didn’t… No, Representative.”

“No.”

“No, I’m… you said it.”

“No, you didn’t say anything wrong.”

“It is the same Amendment.”

“But you said it…”

“No. It passed but it was not supposed to be heard the second time when it passed. And so therefore, therefore, we did Amendment #2. Because I did not want you to be upset over a technicality.”

“Yes. No, it… no, it’s just… it’s amending the Bill.”

“Yes.”

“When the…”

“The… the same way they get their information now. When a patient come into the hospital, they ask the question, do you have insurance?”

“Yea or nay or…” 09400040.doc 250  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Whatever they do now is what they will continue to do only this time that information will be gathered and submitted in. And we’ll just really… the information is… Let me say this, Representative. The department already have this information, we’re just really getting it from them.”

“We don’t have that information in our venue. And we want to know specifically how many businesses are using the state for health coverage.”

“Representative, for whatever reason people are on Medicaid and if they get sick, for whatever reason, when they go to the hospital this information is asked. So, we’re just gathering information that’s already being asked. Are you on Medicaid? Do you have insurance? Where do you work? Irregardless of what time of the night or day, whatever it is. And… and quite frankly, you know, all of us is very concerned about the budget and the constraints that we’re under. And so this is information that the department… Department of Public Aid need to know so if they do have insurance, we’ll be able to collect.” 09400040.doc 252  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“But they do know if they are… if they are insured or not. That’s one thing for sure. They do know, if they are part-time or full-time, if… either their employer is offering insurance or they do not.”

“Pardon me?”

“No, that’s… whatever information that the department would have. Their name, address, telephone number, just the basic information. If they’re insured or not, the department need to know what to collect and from whom to collect.”

“I don’t think they are opposed to the process, Representative. What they are opposed to is the disclosure, adding sunshine on what’s going on. Let me just give you an example. Taxpayers in Massachusetts spent more than 2… $52 million in one year to provide health care to employees from the state’s largest business. So, this is the type of information that this state would like to collect and we would like to disseminate.” 09400040.doc 253  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“Pardon me?”

“Did… did… yes.”

“IRMA is opposed to it?”

“Oh, yes.”

“I understand.”

“I’ll be more than happy to, Sir. First of all, I did not tell you that it was working well. And the fact of the matter is, hopefully this state will do a better job at collecting the information than Massachusetts did. But one thing for sure that did come out of all of that is the substantial amount of moneys that the taxpayers in the State of Massachusetts was paying out. Now, we cannot argue with that and also, the State of Alabama. Come to found out that they, too, was spending between 5.8 and 8.2 million dollars for a big multi-million dollar businesses, as well as the State of Connecticut. So, now all of those states cannot be wrong. And once again, I would think that our state is… was a little bit more sophisticated in how we would collect our numbers and disseminate our information. And remember, you’re talking about IRMA being concerned about it. The people, the taxpayers of the State of Illinois they, too, are concerned, Sir.” 09400040.doc 255  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005

“And thank you very much for your questions. And once again, Sir, I want to thank you for that question because if we can go it through the premium process for those employers who are collecting the premiums from their employees, that’s great. And for those who are not, we need to do something about that. And once again, we could be losing federal matching funds by not having a lot of these people who would be eligible to make them eligible. So, this is a win-win situation for everyone around. Again, it adds sunshine on some issues that’s been rather in the dark and will give us the data that we need. And I would please urge for the adoption of Amendment #2.” Speaker Lyons, J.: “The question is, ‘Should Floor Amendment #2 be adopted?’ All those in favor signify by saying ‘yes’; those opposed vote ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #2 is adopted to House Bill 1044. Mr. Clerk, any further Amendments?” 09400040.doc 256  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/14/2005