Illinois House Floor Debate — May 26, 2005

“The hour of 11:00 having arrived, the House shall be in order. We shall be led in prayer today by Reverend Joe Meyer with First Assembly of God in Marengo, Illinois. Reverend Meyer is the guest of Representative Jack Franks. 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. Reverend Meyer.”

“We shall be led in the Pledge today by the Gentleman from Cook, Representative Patterson.” Patterson – 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.”

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

“Thank you, Speaker. Please let the record reflect that Representatives McKeon and Younge are excused today.”

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

“Good morning.”

“As always, it’s a pleasure. The Gentleman from Vermilion, Representative Black, for what reason do you rise?”

“State your inquiry.” 09400058.doc 2  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

“That request is…”

Speaker Turner: “We would request that you hold that in abeyance…”

“…seeing that some of them were hearing the prayer from the outside. They’re working their way in.”

Speaker Turner: “Thank you. The Gentleman from Macon, Representative Mitchell, for what reason do you rise?” Mitchell, B.: “Thank you, Mr. Speaker, Ladies and Gentlemen. Point of personal privilege.”

“State your point.” Mitchell, B.: “I would like to introduce in the east gallery, the folks that are flashing up there, if they’d rise. They’re from Macon, seniors from Macon and Dewitt County. Everyone give them a welcome. Thank you for coming.”

“Welcome, seniors. We have 116 Members present and a quorum is present. We shall proceed with business. The Gentleman from Bond, Representative Stephens, for what reason do you rise?”

“Mr. Clerk, Committee Reports.” 09400058.doc 3  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

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

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

“State your point.”

“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, throughout this past year the people of the State of Illinois and this Body has enjoyed watching and following the success of the Univ… University of Illinois basketball team. However, lost in the headlines behind the headlines was a success that was achieved for the first time since 1952 by the University of Illinois wrestling team. On March 6th in Iowa City, the University of Illinois wrestling team won the Big Ten Championships. They went… they went on to win… to finish sixth in the country. And today… with us here today is their leader and the person that has turned the program around in the last 13 years, finishing in the top 10, 9 of the last 10 years, coach Mark Johnson who is on the floor with us here. I would like you to please welcome him to the floor.”

“Coach, welcome to Springfield. The Gentleman from Vermilion, Representative Black, for what reason do you rise?”

“State your inquiry.”

Speaker Turner: “That Bill hasn’t been signed yet, Representative.”

“On page 22 of the Calendar, on the Order of Nonconcurrence, we have Senate Bill 79. Representative Sullivan. Read the Bill, Mr. Clerk. Just… Representative Sullivan on the Motion. Take the Bill out of the record. The Gentleman from McLean, Representative Brady. Representative Schmitz for an announcement.”

“And how much time would you need? Two hours?”

Speaker Turner: “Are you serious? One hour. Just being helpful, Representative Black. And the Democrats will caucus in Room 114 immediately. And the House will stand in recess for one hour. Both caucuses will report to their respective rooms immediately. The House shall come to order. The Gentleman from Winnebago, Representative Jefferson, for what reason do you rise?”

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

“State your point.”

“I’d like to recognize a group here from Rockford, Illinois. A law enforcement group of young people that are 09400058.doc 8  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 here being led by attorney Yarbrough in the balcony here to my left. If they could just stand and be recognized, please.”

“Welcome to Springfield.”

“Thank you, Mr. Speaker.”

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

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

“State your point.”

“I would like the House to take the time to recognize Vincent Fokum Dinga of Cameroon, West Africa and on behalf of the special detail of the House of Representatives Security Department, retired Senior Superintendent of Police, Commissionaire Principal Police. He is also the Chief Head of the Fokum Dynasty, part of royal family in Bali, Cameroon. Please welcome him.”

Speaker Turner: “Welcome to Springfield. Representative Bailey.”

“I hate to be greedy, but thank you, Mr. Speaker. Yesterday… I would like if the House could stand for a moment of prayer… of silent prayer. Yesterday was the National… Chapin. Thank you. Sorry. Yesterday was the National Missing Child Day in honor for us to pray. We should have done this yesterday, but it’s never too late to say a prayer. These are children that have come up on our radar as missing children under the Amber Alert. We’ve passed a couple of pieces of legislation here with kids who are sold into slavery. We take for granted that many 09400058.doc 9  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 children who allegedly run away. We see on the news many children who are kidnapped or missing or… and they come up dead. But we really don’t know where these children are. At this point there are 800 thousand children who are missing, stolen, kidnapped and sold into slave trade. And I ask for a moment of silent prayer. Thank you.”

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

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Point of personal privilege.”

“State your point.”

“Leaving the gallery now is a bunch of school children and parents from Palos West Elementary School from my district. I’d like the House to give them a round of applause.”

“Welcome to Springfield. Mr. Clerk, Committee Reports.”

“On page 2 of the Calendar, on the Order of Second Readings, we have House Bill 2010. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Gentleman from Fulton, Representative Smith.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. This is an issue dealing with the regional safe schools that were created about 10 years ago as one of our alternative schools. These are run by regional superintendents and they are a place for local schools… local high schools to send students who are at risk, who are either can be expelled or suspended. And they are funded with a flat grant from the state, currently that’s $30 thousand per program. And then they receive a per-pupil funding that is based upon the ADA for the region. That’s the average daily attendance for the region. So, you can have a case where the attendance is dropping for the region, but the 09400058.doc 11  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 number of students assigned to the safe school are going up. So, they lose funding in that case. This Amendment would say that if we add more money to this line item in the budget, which the Governor proposed to do, that we would increase the grant for local safe school programs to $50 thousand. And then we would base the low-income measure on the DHS figures rather than census figures. Now, this only comes into play if that line item is raised above its current funding level. So, if in the budget… hopefully, we’re gonna see in the next few days, that line item is above this year’s funding level then we will change the way in which that money is distributed. I know… the only opposition I know of is from the City of Chicago and it’s, I think, a minor point on their part regarding possible increase that they might receive. I’d be happy to answer any questions.”

“Seeing no questions, the question is, ‘Shall the House adopt Amendment #1 to House Bill 2010?’ All those in favor should say ‘aye’; all those opposed say ‘no’. The opinion of the Chair is the ‘ayes’ have it. And the Amendment’s adopted. Further Amendments?”

“Third Reading. On page 2 we have House Bill 2010. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Currie. Sorry. The Gentleman from Fulton, Representative Smith, you’re handling the Bill.”

“Thank you, Mr. Speaker. I think the paperwork is just being filed to change the sponsorship.”

“You may proceed.”

“I just gave the explanation on this Bill. Have nothing to add other than to ask for an ‘aye’ vote.”

“Seeing no questions, the question is, ‘Shall House Bill 2010 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? Dunkin. Have all voted who wish? The Clerk shall take the record. On this question, there are 115 voting ‘aye’, 0 ‘noes’, 1 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Second Readings, page 3 of the Calendar, we have House Bill 2065. Read the Bill, Mr. Clerk.”

“Out of the record. On page 3 of the Calendar we have House Bill 3092. Read the Bill, Mr. Clerk.”

“The Gentleman from Crawford, Representative Eddy on Amendment #1.”

“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #1 to House Bill 3092?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #1 is adopted. Further Amendments?”

“Third Reading. On page 8 of the Calendar, under Senate Bills-Second Reading, we have Senate Bill 22. Representative Black. Representative Black on Senate Bill 22. Read the Bill, Mr. Clerk.”

Speaker Turner: “Third Reading. On the Order of Second Readings, page 9 of the Calendar, we have Senate Bill 385. Read the Bill, Mr. Clerk.” 09400058.doc 14  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

Speaker Turner: “Third Reading. Mr. Clerk, the Sponsor requests to hold the Bill on Second Reading, Senate Bill 385. On page 9 of the Calendar we have Senate Bill 431. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Hamos on Amendment #10.”

“Thank you, Ladies and Gentlemen. This is an Amendment to a more comprehensive Bill. We will be discussing the Bill, I hope, tomorrow. But this Amendment is really in negotiating with the road builders, negotiating with the trial lawyers and something that also came out of yesterday’s conversation in committee which… and let me talk about that first. We had some questions about a littering proposal in this Bill. We have taken out the entire littering proposal. Number two, for the road builders, we are saying that if that… the… the… they are not required to do permitting for clean construction or demolition debris if it’s accordance with IDOT specifications. Number three, we’re saying that we… we 09400058.doc 15  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 will exclude willful or wanton misconduct from the liability exclusion for the state… the EPA director and state employees. That’s all this does. It’s a… it’s a really a cleanup to the underlying Bill.”

“Seeing no questions, the question is, ‘Shall the House adopt Amendment #10 to Senate Bill 431?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And the Amendment’s adopted. Third Reading. The Gentleman from McHenry, Representative Tryon, for what reason do you rise?”

“Yes, correct.”

“Thank you. On the Order of Second Readings, page 9 of the Calendar, we have Senate Bill 501. Read the Bill, Mr. Clerk. Out of the record. On page 11 of the Calendar, Representative Reitz, we have Senate Bill 1233. Read the Bill, Mr. Clerk.”

“Third Reading. On page 12 of the Calendar we have House Bill… Senate Bill 1962. Representative Nekritz. Read the Bill, Mr. Clerk.” 09400058.doc 16  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

Speaker Turner: “The Gentleman from Bond, Representative Stephens on Amendment #1.”

“Seeing no questions, the question is, ‘Shall the House adopt Amendment #1 to House… to Senate Bill 1962?’ 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. It’s the intention of the Chair to start on page 6 of the Calendar. We’d like all the Members to be alert. We’re gonna start on page 6 of the Calendar and go down the Calendar, starting at page 6 with the first Bill being Senate Bill 973. We will go in that order. We hope that the Members are prepared as we move through the Calendar. Read the Bill, Mr. Clerk. Senate Bill 973 on page 6 of the Calendar. Representative Currie.”

“Read the Bill.” 09400058.doc 17  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

“The Lady from Cook, Representative Currie.”

“Thank you, Speaker and Members of the House. This measure is intended to make sure that people who are currently on our Senior Care or Circuit Breaker Program will… when they access Medicare Part D, the new prescription drug benefit, that that will be the payer of first resort, but that the state will continue to provide services not available under Medicare Part D to, as I say, the people who are today on Senior Care or on the state Circuit Breaker Program. We call it wraparound services and we call it that for just the reason that we’re prepared to continue making sure that these individuals have access to a complete list of drugs if they are income eligible under the Circuit Breaker or under Senior Care. The Bill does one other thing and that is to revise the Prescription Drug Buying Program so it would apply not just to seniors, but to anybody whose income is below 300 percent of poverty. I would be happy to answer your questions. The concept is easy. The Bill, in fact, is very complicated to read. But I’d be happy to try to answer your questions. And I… I’m sure you will join me in supporting this measure.”

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

“She indicates she will.” 09400058.doc 18  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

“They will be.”

“They will be. So, they will not need the wraparound service. But there are many people who today belong to the Circuit Breaker Pharmaceutical Program or are on Senior Care and those people will lose not a single benefit.”

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

“She indicates she will.”

“Well, my… my understanding is we’re going to try to help people fill out their new Medicare Part D applications. That is a very critical issue and I know that there are many who believe that the applications will be complicated and confusing. And I think we’re going to have to do an awful lot of outreach on that front.”

“We do have…”

“We do have a Prescription Drug Advisory Oversight Committee that Representative Franks, I believe, chairs. And this might be an appropriate roll for them.”

“Yes. Yeah. Well, I’m glad you are there because I know that you will watch out carefully to see to it that everything works just as… as it should.”

“Right. I agree.”

“The Gentleman… the Gentleman from McHenry, Representative Franks, for what reason do you rise?”

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

“She indicates she will.”

“Thank you. Representative, you and I had a chance to discuss this briefly. Can you tell me the genesis of this Bill?”

“The genesis of the whole Bill or…”

“Well, yeah. The…”

“…which part of it? There are two… two quite distinct parts.”

“I guess the piece that I really wanted to focus on is our Illinois Drug Discount Program.”

“Okay. And that… that is quite separate from the other part of the Bill which…”

“Right.”

“…will be wrapping around for people on Senior Care or Circuit Breaker Pharmaceutical. The genesis there is that, I think, in order to encourage enrollment and make the benefit available to larger numbers of Illinois citizens, thus getting a better price for the pharmaceutical products people buy, the program will expand to include people no matter what their age if their incomes are 300 percent of the federal poverty level or lower.”

“Actually, I believe this Bill will do the exact opposite. As you know, we had passed a Bill earlier this 09400058.doc 21  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 year, unanimously in the House, that would increase… to allow any Illinoisan, regardless of age and regardless of income, to be part of our Prescription Drug Discount Program. Okay? Now, what this does here is instead of increasing the amount of people who can be part of our discount program and thereby giving us more market power, what I believe this Bill does, it limits those people whose incomes are below 300 percent of the federal poverty level.”

“And the reason for doing that is that the department is very strongly of the view that the drug folks will give much deeper discounts if the population tends to be lower in income rather than higher as well.”

“And I…”

“And there theory, I assume, is that people who can afford to pay the full freight will do so if they don’t have the option of coming aboard in a less expensive fashion.”

“And I would disagree for this reason. Because there are less people being part of the group and when you have less people you don’t have the market power. And let me tell you something else. I’m chairman of the group that’s overseeing the Prescription Drug Discount Act and the other issues coming out in the state. And we’ve had need…”

“I already mentioned your name in debate.”

“I understand. And this never came to our committee. They never brought it up to us, never discussed it with us, never hear… I never heard about this until yesterday, quite 09400058.doc 22  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 frankly. So, I would ask that we hold this and make an Amendment and let the Bill go forward, taking out this portion. This was never discussed with our committee. We never had a chance to go through it. And I think this would be detrimental to the citizens of the State of Illinois. And I’d be happy to support the other portion, but could we move this back and take out the portion dealing with the drug discount program? Which our committee has oversight of. And I think there was a big end-run run around us.”

“Well, I… I appreciate your concern and I’m disappointed that the department did not notify you in advance, they ought have. But I am not going to move the Bill back to Second Reading. It is important to get this done. It think this is a good Bill and it is critical that we… as we like to say in this business, we’ll do a program and no senior will be left behind.”

“Okay.”

“And I… I do think that if you want further discussions with the department on the question of eligibility for the drug buying club, let us have them. We have time to deal with that in another context. But I would… I would encourage people to vote ‘yes’ today on Senate Bill 973.”

“Then, to the Bill. I want you to listen what you’d be voting for if you vote for this Bill. For the first time in Illinois… after we passed our Senior Prescription Drug Discount Act, what this Bill will do now is impose income limitations when we have not had those before. The Federal 09400058.doc 23  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 Government does not have income limitations when it comes to Social Security. We don’t have income limitations when we deal with seniors getting cheaper licenses for hunting or fishing. What you’re going to be telling our seniors now is that if you make more than 300 percent of the federal poverty level you will not be helped in this state. You will not be allowed to have cheaper prescription drugs. We will not help you. This will decimate the Bill that we passed last year that is the envy of the country, that has add… had over 325 thousand prescriptions filled. In comparison to the 5 thousand prescriptions filled on the Governor’s ill-fated I Save RX Program. To vote for this program will harm the seniors. There’s a good portion in this Bill, but unless you take out the second portion dealing with our Senior Citizens Prescription Drug Discount Act you will be… and… it’s a slap in the face of our seniors. And as a result, I’ll be voting ‘no’ and I’d ask you all to vote ‘no’.”

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

“Representative Black.”

“She indicates she will.”

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

“Thank you, Speaker, Members of the House. Representative Black makes a good point, that the penalties for failure to sign up for Medicare Part D are not insignificant. And I want the House to know… the Members of the House to know that our Department of Public Aid is encouraging the Federal Government not to impose that penalty, at least during the first year of the program. 09400058.doc 25  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 This is no senior left behind. It is our way not only of making sure that seniors in Illinois can take advantage of Medicare Part D, but also making sure that those seniors today who receive state help because there is no federal program will not lose any of those benefits going for the… going forward. I urge your ‘aye’ votes.”

“The question is, ‘Shall the House pass Senate Bill 973?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 voting ‘aye’, 1 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings we have Senate Bill 1220. Representative Chapa LaVia… Representative Rita. Read the Bill, Mr. Clerk.”

“The Gentleman from Cook, Representative Rita.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This… this… Senate Bill 1220 was a Bill that I started to do last week, I took it out of the record to address some of the concerns for Representative Black. What it basically states, that home health nurses would be required to give vaccinations to their clients 65 or older. We… were able to address some of the concerns that he… that he did bring up about the people under 65. And I’ve made a commitment to have another Bill to address that when we 09400058.doc 26  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 work out some of the other issues. There’s no cost to the state on this, Medicaid will cover this. And it would just put these clients in priority with nursing homes and assisted living centers. I’d be happy to answer any questions.”

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

“He indicates he will.”

“Yes. We withdrew it because there was problems with on how that would be paid and it… it was sort of addressing some of the stuff that we talked about. And when we can figure out how to… to get it uniform, I’d be more than happy to amend… set a priority for people that are under 65…”

“…or any age that have a chronic illness.”

“It… it… ya know, I understand your concerns as we talked. And I’d make a commitment to you that we’ll try to work on this, try to come up with some language. I guess that becomes a problem anywhere when you have a shortage of vaccines… vaccinations for this. So, I’d be happy that we could continue to work on it if we could pass this out and try to fix something. Maybe even come back in the Veto Session to address your concerns, if it’s possible, when both our staffs as they’ve been talking with this.”

“What’s that?”

“Oh. …you didn’t… it was… we were… he was just basically saying about the federal issue with the federal guidelines making it available to vaccines. So, we’d have to work on it. That’s something that could not be addressed unless…”

“…and it does cause a little bit of a problem that I’m saying… where you’re saying the priorities where it’s limited to the other supply. But it could fall under a 09400058.doc 28  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 priority where we don’t get enough vaccine even for these priorities.”

“Yes. Yes.”

“’Shall’. And… and… no, I do understand your concerns. And… and we’ve been talking about it. It doesn’t seem like we’ll be able… we are able to address that. We’re trying to figure out a way. Amendment #1, if you read that, but was withdrawn, said anybody that had a chronic disease. And… and Representative, I do not, ya know, I… I want you to get your flu shot because I don’t want nothing to happen to you, ya know. It… it would be a different place without having you on this House Floor. And… and maybe we can 09400058.doc 29  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 amend it for Vermilion County to say that so that you can come back and you’ll be fine.”

“May… maybe they could come up with a shot that could cure that, huh?”

“I… and it is not my intent to do that.”

“My intent is to help the elderly community through this…”

“…help AARP. And I made a commitment that we’ll try to work on it to address this. And with our staff and your staff…”

“…to fix the problem. Because… ‘cause I want you to be… be able to get your… your shot.”

“Okay. And I make that commitment to you. As I made the commitment to pull it out of the record…”

“…wait a little bit to see if we can. And it’s not intended to just send something through…”

“…without your input.”

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

“Mr. Speaker, will the Sponsor yield…”

“He indicates…”

“…for a question?”

“…he will.”

“Representative, I have to ask one question concerning the Bill and that’s the word ‘shall’ that I’m… 09400058.doc 31  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 have a question concerning. Assuming that an administrator looks at the language of the Bill and there is a senior citizen that takes the option that they do not want to be administered the flu shot, what would happen?”

“They… they have a right to refuse the… the shot.”

“Pardon me?”

“They have the right to refuse it. It doesn’t… it doesn’t administer where they have to have it.”

“Okay.”

“They have the right as a client to… to refuse it. We’re just…”

“So, in your opinion an administrator, a bureaucrat cannot force that senior to receive a flu shot…”

“No.”

“…if he or she decides not to?”

“No. No. It doesn’t say that it forces them to have it. It just says that they shall give… that the home health nurses shall be required to offer the shots 65… their clients 65 or older. But they do not have to… to…”

“Okay. Thank you, Representative.”

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

“…ask for… I just ask for a favorable vote.”

“The question is, ‘Shall the House pass Senate Bill 1220?’ 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 09400058.doc 32  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 question there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings we have Senate Bill 1354. Representative Stephens. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Gentleman from Bond, Representative Stephens.”

“The… Seeing no questions, the question is, ‘Shall the House adopt Senate Bill 1354?’ All those in favor should 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? Representative Feigenholtz. The Clerk shall take the record. On this question, there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Lady from Cook, Representative Hamos, for what reason do you rise?”

“Mr. Speaker, on a note of personal privilege. Ladies and Gentlemen, please welcome the 8th Grade Class from Chute Middle in Evanston. Welcome.”

“Welcome to Springfield, Chute. On page 6 of the Calendar, Representative Miller, we have Senate Bill 1251. Read the Bill, Mr. Clerk.”

Speaker Turner: “Right. The Gentleman from Cook, Representative Miller, for what reason do you… on… I should say on Senate Bill 1251.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1251 is… is… with the Amendment 1 added is cleanup language in regards to… or language in regards 09400058.doc 34  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 to people attending shareholding meetings. They must act in proper decorum in regards to their manner and behavior. And I would ask for a favorable vote.”

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

“He indicates he will.”

“There was some discussion in… in the… in our committee when I first presented. I honored to hold the Bill on Second Reading until an Amendment was added. The… Amendment #1 was added to the… House Amendment #1 was added to the Bill that removed the opposition from the manufacturers and others, business groups that were opposed to it. I had not heard from the Secretary of State’s Office. So, I assumed they were neutral on the Bill.”

“Seeing no further questions, the question is, ‘Shall the House pass Senate Bill 1251?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 voting ‘aye’, 0 ‘noes’, 1 voting ‘present’. And this Bill, having 09400058.doc 35  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, Senate Bill 1489, Representative Hannig. Read the Bill, Mr. Clerk.”

“The Gentleman from Montgomery, Representative Hannig.”

“Yes, thank you, Mr. Speaker and Members of the House. This is a Bill that is an initiative of AARP. Under the Bill, Elder Abuse Programs will be able to recruit and train volunteers, much like Domestic Violence Programs, to assist in providing companion-type services. The training for these volunteers will be established by the Department of Aging and it’s subject to appropriation. So, it passed unanimously in the Senate. I know no… I know of no opposition. And I’d be happy to answer any questions. And I’d ask for your ‘yes’ vote.”

“Seeing no questions, the question is, ‘Shall the House adopt Senate Bill 1489?’ 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 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 6 of the Calendar we have Senate Bill 1493. Representative Yarbrough. Read the Bill, Mr. Clerk.” 09400058.doc 36  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

“The Lady from Cook, Representative Yarbrough.”

“Thank you, Mr. Speaker and Members of the General Assembly. Senate Bill 1493 allows an elementary school district that shares some of its territory with a high school district that crosses township boundaries to withdraw from the jurisdiction and authority of one township’s trustees and transfer to the jurisdiction and authority of the township trustees that serve the high school district. Currently, the Oak Park and River Forest Community High School District 200 encompasses portions of the territories of the offices of both Proviso and Cicero township trustees of schools. The two elementary school districts that are coterminous with School District 200 is each located in one of these two townships. The high school district has been under the jurisdiction of the Cicero township trustee since before the township of River Forest existed. This Bill will allow River Forest District… School District 90 to transfer to the jurisdiction of Cicero township treasurer and trustee of schools putting the elementary and the high school districts under the same jurisdiction. The Bill also allows electors re… residing in a high school district assigned to the jurisdiction of adjacent township board of trustees to vote for both the trustees of the township in which they reside and the trustees of the township having jurisdiction over the high school district. The primary 09400058.doc 37  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 goal of this Bill is to enfranchise the voters of River Forest School District 90 because they currently cannot vote for the Cicero trustees who manage their tax dollars for the high school district. This also contains language and ensures that this Bill will only apply to School District 90. I’d be happy to answer any questions.”

“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1493?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 6 of the Calendar we have Senate Bill 1666. Representative Verschoore. Read the Bill, Mr. Clerk.”

Speaker Turner: “Gentleman from Rock Island, Representative Verschoore.”

“Thank you, Mr. Speaker. Ladies and Gentlemen of the floor, what this do… Bill does is it allows the spouse or a person who is issued a Medal of Honor plate… license plate, a Purple Heart, a Bronze Star, a Silver Star, a Gold Star, that they would be eligible to receive that plate again. I’d ask for an ‘aye’ vote and I’d be happy to answer any questions.” 09400058.doc 38  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1666?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 voting ‘aye’, 0 ‘noes’, 1 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 6 of the Calendar we have Senate Bill 1738. Representative Osmond. Read the Bill, Mr. Clerk. Out of the record. Out of the record. On page 7 of the Calendar we have Representative Hultgren on Senate Bill 1776. Read the Bill, Mr. Clerk. Out of the record. On page 7 we have Senate Bill 1825. Representative Verschoore. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. What this Bill does is basically get us up to speed… the State of Illinois up to changes that the Federal Government made as far as CDL licensing programs. And if we don’t comply by the, I believe it’s September of this year, we stand the chance of losing some road funding, highway funding of 5 or 10 percent. I’d be happy to answer any questions.”

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

“He indicates he will.”

“Well, there’s one on disqualifying the suspensions. There’s a difference in suspension. There’s about 10 different things that the Federal Government has changed that the state hasn’t. And I… I don’t know if you have the analysis or not there, I can read each one of them independently if you want?”

“I don’t know if there’s any difference in the… what they pay… the difference in pay. I don’t see that in the Bill. I don’t have the complete Bill here with me.”

“What… I didn’t hear you, Representative?”

“I don’t think… no, I don’t…”

“Right. I think that’s what this does is it kind of standardizes from state to state.” 09400058.doc 40  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

“Not that I’m aware of. There’s no opponents to it. And it’s a… it’s a… a proponent’s the Secretary of State and the Department of Transportation and Illinois State Police.”

“How long has it been out there?”

“Yes.”

“I can look it up here. Was introduced in the… in the Senate on the 25th of February.”

“As far as I know, yes.”

“The Gentleman from Vermilion, Representative Black.”

“He indicates he will.”

“Five… 5 percent the first year and then 10 percent that second year.”

“Well, that’s kind of the way I see it also, but…”

“Thank you.”

“Seeing no further questions, the question is, ‘Shall the House adopt Senate Bill 1825?’ 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 the Order of Third Readings we have Senate Bill 1842. Representative Soto. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Soto.”

“Thank you, Speaker and Members of the House. The nurse and… oh, Senate Bill 1842 is a nurse externship, it’s like 09400058.doc 42  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 an internship program. Amends the Nurse and Advanced Practice Nursing Act. It is a program to allow nurses from the U.S. Territories, such as Puerto Rico, to enter a safety practice in Illinois while preparing for the new National Council of State Board of Nursing Exam, called the NCLEX. It assists nurses educated in Puerto Rico to successfully transition into practice in Illinois. And I urge an ‘aye’ vote. And I’m open for any questions.”

“Seeing no questions, the question is, ‘Shall the House pass Senate… The Gentleman from Vermilion, Representative Black, for what reason do you rise?”

“She indicates she will.”

“I don’t… yes… Yes, I’m not concerned about that point… at this point.”

“But… but there’s nothing of that… of that source right now. So…” 09400058.doc 43  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

“Okay.”

“Okay.”

“I was just informed that… that’s standard.”

“It’s standard across the board.”

“And the fees are… are set by rules.”

“Seeing no further questions, the question is, ‘Shall the House pass Senate Bill 1842?’ 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? Monique Davis. The Clerk shall take the record. Representative…”

“For Postponed Consideration.”

“This Bill having received… let me announce the Roll Call, 58 ‘presents’… 58 ‘yeas’, 57 ‘noes’. And the Sponsor asks for Postponed Consideration. Postponed is granted. On the Order of Second Readings… page 3 of the Calendar, Second Readings, Representative Mendoza, we have Senate Bill… no, House Bill 2065. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Mendoza on Amendment #2.”

"Thank you, Mr. Speaker. House Amendment #2 simply treats the facilitator in a different category as the user on Internet hunting. The first Bill originally provided for a Class B misdemeanor for both the website provider and 09400058.doc 45  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 the user. Due to the recommendation of Representative Lindner, we've amended that to provide a Class A misdemeanor for the website facilitator, manufacturer of the software, and so forth. And the user is treated with a Class B misdemeanor. I would ask for a… support of the Amendment."

"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 2065?' 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 3 of the Calendar we have House Bill 4050. Representative Currie. Read the Bill, Mr. Clerk."

"The Lady from Cook, Representative Currie on Amendment #1."

"Thank you, Speaker and Members of the House. This measure is intended to provide a pilot program so as to enable us to… to collect information… create a database to try to do something about the terrible problem of predatory lending that plagues many of our urban communities. You know the story of people who are not very sophisticated, sometimes elderly, sometimes people with not great English 09400058.doc 46  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 fluency are taken advantage of by some bad apples, bad actors in the financial lending community. And at the end of the day, the end of the story is a… a house that they thought was going to be theirs that has been taken away from them, is boarded up, plaguing not just those individual victims, but whole neighborhoods as well. So, this proposes a pilot program in several zip codes. Most of them, I believe, in Chicago that would enable people who are seeking to buy houses would give them some protection. The protection would mean that the financial institution or person would be required to give them quotes from other financial institutions when they are looking to have a mortgage and giving information to the Department of Financial & Professional Regulation. That department will establish standards for determining who ought to be in counseling, who ought to know more about finances before they undertake a mortgage. So, that's what the Bill does. And I'd appreciate… that's what the Amendment does. And I'd appreciate your support for adoption of Amendment 1."

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

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

"She indicates she will."

"Well, as I think it’s been mentioned, the cost of counseling… if counseling is mandated by the department, is borne by the loan originator."

"If… if… if the department deems that counseling should happen before this individual dives into a home mortgage. These are not people who are out buying a loaf of bread or a new pair of shoes. We're talking about people buying houses, expensive propositions. And the problem we're facing is that sometimes these people are taken advantage of. They jump into a loan, they think they're going to 09400058.doc 48  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 have a house or they refinance their loan and the next thing they know the house has been pulled out from under them. Those people ought to have credit counseling before they jump into that kind of… of proposition."

"No, no one is required to make any mortgage offers under this Bill, anymore than they are required to today."

"Well, we hope that to… most people will not need credit counseling. And I would think that if there's money to be made, the financial institutions are always happy to make a little money. If they make a little less because they're paying for counseling, I should think we'd all feel better to know that the houses in our neighborhood are not about to be boarded up and perfectly legitimate citizens are finding that their houses are pulled out from under them."

"Sometime… it… it can happen both ways. Somebody who’s in the housing market for the first time most often… much of the time what it involves is refinancing. So, they're already in the house. And what sometimes happens, Representative, is that unscrupulous actors in this business encourage someone to refinance in such a way that they can't, in fact, meet the payments. And there are areas in Chicago and in some of the near-in suburbs and in other parts of the state as well where you drive down a block and there are six boarded up houses because they have been repossessed because somebody got in trouble, got into financial trouble, because they didn't know what they were doing."

"That's the problem we're trying to solve. We wanna protect naïve, unsophisticated… perhaps people who are not English proficient. We wanna protect them from bad actors in the financial industry."

"The Lady from Will, Representative Kosel, for what reason do you rise?"

"She indicates she will."

"The Amendment went to the Consumer Protection Committee."

"That's right."

"Thanks."

"The Gentleman from Cook, Representative Burke, for what reason do you rise?"

"Thank you, Mr. Speaker. I rise to support this Amendment. Ladies and Gentlemen, one of the previous speakers a moment ago suggested this was a very unusual Bill. I don't see anything unusual in the legislation. What I find to be unusual is that having introduced 09400058.doc 51  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 legislation similar to this 4 years ago, we are still at the same point we were 4 years ago. The time I introduced my legislation, in my one district there were 800 foreclosures in 1 year. That is despicable. Things have not changed. This legislation will give people a fairer break, a chance to understand that the loan they are engaging in is appropriate and fair and one that they can afford to pay each month. There is nothing unusual about this legislation. I believe this is an ideal solution to the horrendous problem that we are experiencing, not only… not only in Chicago, but throughout the state. Unscrupulous lenders are taking advantage of families every single day. This would hope to cure that curse that we've been forced to participate in. Ladies and Gentlemen, this is a decent piece of legislation. It is fair, I would encourage everyone's support. Thank you very much."

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

"Mr. Speaker, will the Sponsor yield?"

"She indicates she will."

"Representative Currie, the question I have… you know when a person takes out a mortgage loan these days you see a lot of consolidation going on. So, somebody's got a car loan, somebody's got other debt, credit card debt and so on. And what… what a lender sells to a consumer is a way to lower a monthly payment by consolidating all this debt. Do you see that this legislation will help us try and get our arms around those kinds of situations?" 09400058.doc 52  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

"Yeah, not that specifically, but the home lending market is what we're concerned about. And the former speaker is absolutely right. We, in fact, did a very comprehensive regulatory Bill 3 years ago to try to restrain the unscrupulous practices in this arena. But the reality… as you just heard, the reality is that board ups are common, repossessions happen all the time. And we want really to finally get our arms around the problem. We think the database will give us useful information as to how we might cure the problem."

"Well, Representative, in my area I see it seems like on a regular basis long lists of people who are losing their homes for a variety of different reasons and so on. And now we're seeing this new phenomenon of mortgages where… it seems people are only paying interest and not very much on the principal. And then, the principal or the growth or the value to the person who's buying the house is the hope that the house will rise in value when perhaps the house that they're buying may not rise in value, depending on a lot of factors like where it's located or… or some other circumstance. Do you see us being able to look into these kinds of situations and be better informed?"

"I agree that that is an increasing problem. I'm hopeful that the database we collect will let us know if that is a particular problem in the areas where the foreclosures are the greatest."

"Thank you very… very much." 09400058.doc 53  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

"Seeing no further questions, the question is, 'Shall the House adopt Amendment #1 to House Bill 4050?' 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?"

"The Lady from Cook, Representative Currie on Amendment #3."

"Thank you, Speaker and Members of the House. This merely expands the number of zip codes that will be the subject of the collection of information to give us a database that we hope will be helpful. Some… some in the City of Chicago, others in suburbs, some in downstate regions, as well. So, I'd appreciate your support for this Amendment."

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

"She indicates she will."

"I have exactly that list and we'd be happy to share it with you."

Speaker Turner: "The Gentleman from Cook, Representative McCarthy, for what reason do you rise?" 09400058.doc 54  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

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

"He indicates he will… she will."

"Representative, this takes the original Bill from 5 zip codes to how many?"

"I believe around 80. And there… that…"

"Eighty?"

"…this was at the request of individual lawmakers who thought that this would be helpful in their neighborhoods, too."

"Okay. So, those of us who didn't request that, our zip codes aren't in there?"

"Pardon me?"

"Those of us who did not request that, that's why our zip codes aren't in there?"

"Yeah."

"Okay. Thank you. The other thing is, as far as the cost of this to the department, did you look at any… what the cost would be with those additional 75?"

"The department did say that they were concerned because there will be a cost. I think they told me about a million and a half dollars to implement the program. I'm hopeful we can find a way to pay for that because this is such a critical issue in so many urban communities."

"Okay. But with or without that extra million and a half dollars, it would still be an obligation on the department if this Bill passes?"

"We’d still be what? I'm sorry." 09400058.doc 55  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

"It would still be an obligation on the department if the Bill…"

"That's right."

"…passes."

"That's right. But… but if we… if we supply them with a new obligation, I hope we'll be responsible enough to try to fend the dollars so that they can meet their responsibilities."

"Thank you very much."

"The Gentleman from Cook, Representative Davis, for what reason do you rise?" Davis, W.: "Thank you, Mr. Speaker. To the Amendment. A couple of speakers ago a Representative wanted to know if he could have a list of Members whose zip codes are represented by this particular Bill. Well, Representative, I want you to know that I have several zip codes in this Bill. And though I'm no ashamed to say that, I am ashamed to say that in my district I have many constituents who have been preyed upon by these predatory lenders. And I'm happy that the Sponsor has brought forth a Bill to try to help individuals who want to have the opportunity to own a home, but to learn all the responsibilities and all those things that go along with it, particularly from the financial perspective. So, I just simply want to commend the Sponsor for bringing forth the Bill and look forward to working with the Sponsor in the future on this piece of legislation." 09400058.doc 56  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

"Seeing no further questions, Representative Currie to close."

"I renew my Motion to adopt Floor Amendment 3 with just one clarification. I hope I was clear that the department does not oppose the Bill on the merits. The only concern they have expressed is one having to do with the cost."

Speaker Turner: "Representative Currie, I apologize. Representative Davis had her light on. So, we'll let… entertain her question and then we will move forward with the Amendment. Representative Davis, Monique Davis." Davis, M.: "Thank you, Mr. Chairman… Mr. Speaker. Is this… have we passed House Amendments 1 and 2? Are they passed?"

"Amendment #1 has been adopted. There is no Amendment 2. We're doing Amendment #3." Davis, M.: "All right. One is adopted. And what about 2?"

"Two is not on the Bill." Davis, M.: "Two will not be adopted?"

"That's correct."

"But 3… but 3 included most of what was in 2. So, 3 is what we're trying to adopt to the Bill right now. And 2 was…" Davis, M.: "Okay. Thank you. Thank you very much and I do support your Bill. Thank you."

"So, the question is, 'Shall the House adopt Floor Amendment #3 to House Bill 4050?' 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?" 09400058.doc 57  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

"Representative Currie."

"Thank you, Speaker. I move that the note requests are inapplicable."

Speaker Turner: "The Gentleman from Cook, Representative Parke."

"The Lady from Cook, Representative Currie."

"Just to make the point, Speaker, that I already told you what the cost is going to be. The Department of Financial & Professional Regulation told me they believe the Bill will increase their operational costs by about a million and a half dollars. So, do you wanna see it in writing or will you take my word that that's what they told me? You don't need to have it in writing if you've already heard on the record what the department believes the cost 09400058.doc 58  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 of this measure will be. So, I renew my request to… to show that the fiscal note request is inapplicable."

"Representative Parke."

"Gentleman withdraws his request for the fiscal note. With that request being withdrawn, the Lady asks that we move the Bill to Third Reading. Representative Parke, are… are you also withdrawing the state mandates note? Gentleman withdraws that request as well. So, the Bill will now be placed on Third Reading. Read the Bill, Mr. Clerk."

"The Lady from Cook, Representative Currie."

"Thank you, Speaker. I think we've discussed this pretty thoroughly. This is a pilot project, a database collection measure intended to help us figure out how we put an end to predatory lending practices across Illinois. Our older citizens, our less affluent citizens are often taken advantage of by unscrupulous actors in the financial industry. And we hope that with passage of this Bill we'll be able to figure out better ways of solving the problems that plague these individuals, these victims whose houses are pulled out from under them, but also plague our communities when boarded houses litter the landscape. I 09400058.doc 59  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 would appreciate your support for passage of House Bill 4050."

Speaker Turner: "The Gentleman from Cook, Representative Parke."

"Gentleman asks for a verification. The Lady from Lake, Representative Osmond, for what reason do you rise?"

"She indicates she will."

"How many what? I'm sorry, I didn't hear."

"And these…"

"You know, it's… it's hard to know because… in part because we don’t know what the number of people who might be thinking about buying or more importantly refinancing a home might be. So, I can't give you a sense of the numbers. I can tell you this, Representative, the additional zip codes added to the Bill came at the request 09400058.doc 60  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 of Members who believe that predatory lending is a problem in their communities as well."

"We're hopeful that it will be quick. Particularly, in the case of a new buyer, for refinancing that may not be as critical… the timetable. But, yes, we hope that there… that this will operate speedily and effectively."

"As I say, the department tells me that their only concern with the Bill is the… is the cost of making it operational, on the merits they do not oppose. So, they obviously think that that's not going to be a problem for them."

"Well, I think… I think that it will work. We'll find out if it works and the whole point is that we want to protect vulnerable people from being taken advantage of by bad actors in the mortgage banking community." 09400058.doc 61  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

"Well, obviously, this only…"

"…And we will work with the department. This obviously only works if the department can give us a quick turnaround."

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

"She indicates she will."

"Yes."

"No. I… as I think I answered, I do not."

"Right. This does not… I'm sorry, but Representative, it does not include banks. If you're going to a bank to get your mortgage, they are not covered by this Bill. It 09400058.doc 62  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 is mortgage brokers, mortgage bankers that are covered by this Bill."

"So, traditional mortgages that you might get at your corner financial institution, your bank are not covered by this Bill. It is only… and many of these will be refinancings rather than original purchases."

"Representative, we will work very closely with the department. I totally agree it would not be a good idea to bring this market to a halt. But I would just reiterate the point that in the areas that we've chosen for the pilot project, the problem isn't that its too slow to get your deal made, the problem is that there are unscrupulous actors who are encouraging people to refinance or to buy who can't afford to do it. And I would rather slow that market down a bit to protect the elderly or the… the vulnerable who are gonna lose that property if we don't figure out a way to stop this plague."

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

"Seeing no further questions, Representative Currie to close."

"Thank you, Speaker and Members of the House. This isn't about making life fair for everyone. It is about protecting vulnerable consumers from unscrupulous actors, from bad apples. We do that every day. We try to make sure that our water supply is safe. We want to make sure that people are not subject to various kinds of scams and stratagems. That's all this measure is about. It's protecting people who are being sucked dry of their blood by bad apples. And it seems to me that that is our job. I am hopeful that with the data that we would collect under this Bill, we would be able to find ways to stop the board ups, stop the repossessions, help people live with dignity 09400058.doc 68  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 in the homes that they can afford. I urge your 'yes' vote."

Speaker Turner: "I'd like to remind the Members that a verification has been requested and I know that's why you're all here and sitting in your seats. And so with that, the question is, 'Shall the House adopt… shall the House adopt House Bill 4050?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? You should vote your own switch and be at your seat. Have all voted who wish? Have all voted who wish? Chavez. The Clerk shall take the record. On this question, there are 63 voting 'aye', 51 voting 'no', 2 voting 'present'. And Representative Parke…"

"…persists in a verification?"

"Members should be in their seats. And the Clerk shall read the affirmative votes."

Speaker Turner: "The Gentleman from Cook, Representative Parke."

"Is Representative Smith in the House? He's in the rear of the chamber."

"At his seat. Representative Parke?"

Speaker Turner: "With that, there are 63 voting 'aye', 51 voting 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Second Readings, we have House Bill 2221. Representative Currie. Read the Bill, Mr. Clerk. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Madison, Representative Hoffman on Amendment #3. Read… proceed."

"Yes, Amendment #3 is the correct Amendment. Apparently, there was an Amendment that was inadvertently adopted yesterday. This is the correct Amendment. This is the Speaker's Amendment. And for people on our side of the 09400058.doc 70  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 aisle, this is the Speaker's Bill, not mine. ‘Cause if it were my Bill I would likely be taken out of the record. But this is the Speaker's Bill and it clears up… it clears up any problems that people had, I believe, concerning yesterday’s language. This indicates that a vehicle would fail the emissions inspection required if the vehicle based on visual observation is equipped with a muffler or exhaust system that is clearly… again, it says, ‘clearly’ has been modified to amplify or increase the noise of the vehicle. I would ask for a… the adoption of the Amendment."

"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #3 to House Bill 2221?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #3 is adopted. Further Amendments?"

"Third Reading. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Madison, Representative Hoffman."

"Yes, as I indicated on Second Reading, this is the Amendment that I believe addresses many of the concerns regarding individuals who modify their mufflers to amplify or increase the noise of the vehicle."

Speaker Turner: "The Gentleman from Adams, Representative Tenhouse, for what reason do you rise?" 09400058.doc 71  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

"He indicates he will."

"No, it is different. The difference…"

"That is correct. Yesterday we were talking about Amendment… yes, that is correct."

"But… but it's not the same as what we debated yesterday. That was my point."

"To the Bill."

"The Gentleman from Winnebago, Representative Sacia, for what reason do you rise?"

"He indicates he will."

"Yeah, any… any… any vehicle that is subject to the emissions inspection, this would apply. And that is generally passenger vehicles. And it is… it is… it is not large diesel trucks, it is not tractors, it is not motorcycles. But it is passenger vehicles. And it only is in certain zip codes of the state where they have emissions testing. That would be the Metro-East area and it would be the Chicagoland area, generally." 09400058.doc 73  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

"Yeah, cause… I'll get to that. Can I try and answer your question? If you look at the language that is different than what we talked about yesterday. This indicates that the system… the muffler or exhaust system has to be clearly modified simply to amplify or increase the noise in the vehicle. If it is modified to increase the power, that would not come under this… this Section. And that is not our intent. It is only… if it is simply to modify, to amplify or increase the noise of the vehicle. And it's my understanding that this is… is to address the situation where people are just simply modifying for… to have excessive noise. They go through neighborhoods and they cause excessive noise and disturbances to the community. So, what we're saying is that you would be in violation of the emissions inspection under this chapter if they do that simply to increase noise. And that's the only purpose you made that changes."

"Yeah, I… I think it is… it is generally… it is… generally this comes from metropolitan areas where this is being done. Obviously, that is where there… the emissions testing is required… in metropolitan areas."

"I don't believe that the Amendment has any grandfather provisions. And would… whoever is subject to the emissions inspection would be and subject to this."

"I've… I'm gonna be voting in favor of the Bill."

"The Lady from Will, Representative Kosel, for what reason do you rise?"

"He indicates he will."

"The Bill makes the cars that are subject to the emissions inspection subject to this… this language."

"Yes."

"Seeing no further questions, Representative Hoffman to close."

"Yes. I ask for a favorable Roll Call."

"The question is, 'Shall the House pass House Bill 2221?' Read the Bill, Mr. Clerk. 'Shall the House pass House Bill 2221?' All those in favor should 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? Colvin. Have all voted who wish? The Clerk shall take the record. On this question, there are 61 'ayes', 55 'noes'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Burke, for what reason do you rise?"

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise on a point of personal privilege."

"State your point."

"Ladies and Gentlemen of the House, I'd like to take this opportunity to introduce you to the newly elected mayor of Berwyn, Illinois, Mr. Michael O'Connor, who is joining us in the gallery this afternoon."

"Welcome to Springfield, Mayor."

"Is… Mr. Speaker, and he is accompanied by Alderman Chapman, also from the City of Berwyn."

"Welcome to Springfield."

"And… as well as joined by my great Senator, Marty Sandoval, in the gallery, Ladies and Gentlemen."

"Welcome, Senator." 09400058.doc 77  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

"Thank you, Sir."

Speaker Turner: "The Gentleman from Bond, Representative Stephens, for what reason do you rise?"

"State your inquiry."

"That's a good question. And since he didn't get the century award, we'll look that one up, check the rule books. Representative Stephens."

"I think in 1995 he may have came close. I don’t believe he won. The Gentleman from Cook, Representative Fritchey, for what reason do you rise?"

"Thank you, Speaker. Point of personal privilege."

"State your point."

"I'd just like everybody to be aware that I have a new constituent in my district. This morning, Comptroller Dan Hynes and his wife are the proud parents of a happy baby boy, Charlie Hynes. So, we all extend our congratulations to the Hynes family."

"Congratulations, Comptroller. The Gentleman from Vermilion, Representative Black, for what reason do you rise?"

"State your point."

Speaker Turner: "The Gentleman from White, Representative Phelps. The Gentleman from White, Representative Phelps."

"Thank you, Mr. Speaker. I'd just like to withdraw… leave of the House to withdraw my re… reconsideration vote… or a Motion to reconsider."

Speaker Turner: "The Gentleman asks leave to withdraw the Motion to reconsider the vote on Senate Bill 343. All those in favor say 'aye'; all those opposed say 'no'. And the Motion is withdrawn. On the Order of Third Readings, for the Members’ edification, we're going to start on page 7 and we'll continue down in that order. We would ask that you be ready when your Bill is called. On page 7 of the Calendar we have Senate Bill 1851. Representative Delgado. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Cook, Representative Delgado."

"Thank you, Mr. Speaker and Members of the House. Senate Bill 1851 is an ISBE initiative that would eliminate statutory dates for filing estimated reimbursement claims for transitional bilingual education programs. Currently, the School Code requires schools to submit claims for reimbursement and this would just put it on the playing field like all other programs, like the Regional Safe School Programs. And I would ask for your 'aye' vote."

"Seeing no questions, the question is, 'Shall the House adopt Senate Bill 1851?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 6 of the Calendar, Representative McGuire, we have Senate Bill 1699. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Will, Representative McGuire."

"Thank you, Mr. Speaker. Will Davis is handling this Bill and I would ask that you have Will Davis handle the Bill. Thank you." 09400058.doc 80  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

Speaker Turner: "Turn on the Gentleman from Cook, Representative Davis." Davis, W.: "Thank you, Mr. Speaker. I filed a Motion. Is that all taken care of?"

"That Motion is to withdraw…" Davis, W.: "Amendment #1."

"The Gentleman asks…" Davis, W.: "Table… to table Amendment #1."

“The Gentleman asks leave to table Amendment #1 to Senate Bill 1699. All those in favor say 'aye'; all those opposed say 'no'. Opinion of the Chair is the 'ayes' have it. And Amendment #1 is tabled. Further Amendments? Oh, okay. Mr. Clerk, will you move the Bill first of all back to Second. Now, that the Bill is on Second the Gentleman asks leave to table Amendment #1 to Senate Bill 1699. 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 tabled. Further Amendments?"

“Third Reading. Read the Bill, Mr. Clerk."

Speaker Turner: “The Gentleman from Cook, Representative Davis." Davis, W.: "Thank you, Mr. Speaker. The… Senate Bill 1699 is to create the steel… Illinois Steel Development Board, which is an advisory board with the Department of Commerce and Economic Opportunity. Specifies… the Bill talks about 09400058.doc 81  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 the composition of the board. But more specifically, the… the… the board is designed to take a look at steel industry throughout the United States and particularly here in the State of Illinois and to determine how we can better market steel here in the United States and the… and the State of Illinois. I have a steel mill in my district that would benefit tremendously from the creation of this board. The board is comprised of the director of DCEO as well as IDOT and other members that will be appointed by the General Assembly… the Leaders of the General Assembly as well as some appointments by the Governor. Again, the purpose of this board is to look at the steel industry in the State of Illinois and to determine how we can better market steel here in the State of Illinois as well as the United States. I certainly ask for an 'aye' vote."

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

“He indicates he will."

“Seeing no further questions, Representative Davis to close." Davis, W.: "Thank you, Mr. Speaker. I'd ask for an 'aye' vote."

“The question is, 'Shall the House pass Senate Bill 1699?' 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? Lang. The Clerk shall take the record. On this question, there are 116 voting 'aye', 0 'noes', 0'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 7 of the Calendar we have Senate Bill 1883. Representative Mathias. Read the Bill, Mr. Clerk." 09400058.doc 85  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

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

“Seeing no questions, the question is, 'Shall the House adopt Senate Bill 18… pass Senate Bill 1883?' 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 09400058.doc 86  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 are 111 voting 'aye', 4 voting 'no', 1 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 7 of the Calendar we have Senate Bill 1893. Representative Fritchey. Read the Bill, Mr. Clerk."

Speaker Turner: “The Gentleman from Cook, Representative Fritchey."

"Thank you, Speaker. Senate Bill 1893 simply states that an exception… or an extension of the six-month period for respondent discovery can be extended by an additional 90 days. This has been worked on by all the involved groups, we know of no opposition. I request an 'aye' vote."

“Seeing no further questions, the question is, 'Shall the House pass Senate Bill 1893?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings we have Senate Bill 1909. Representative Reitz. Read the Bill, Mr. Clerk."

“The Gentleman from Randolph, Representative Reitz."

"Thank you, Mr. Speaker. Senate Bill 1909 changes the definition of ‘coal combustion by-product’. This is an… an agreed Bill between the Illinois Manufacturers Association, the State Chamber of Commerce, Chemical Industry Council, Coal Association, the Illinois EPA. I know of no opponents. And… and this should help use coal combustion materials for construction. I'd be happy to answer any questions."

“Seeing no questions, the question is, 'Shall the House pass Senate Bill 1909?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings we have Senate Bill 1943. Representative Pihos. Read the Bill, Mr. Clerk."

“The Lady from DuPage, Representative Pihos.”

“So, you don’t want to call it today?”

“So, should we send it to interim study? The Lady does not wish to call the Bill.”

“Take it out of the record. On the Order of Third Readings we have Senate Bill 1953. Representative Annazette Collins. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Collins.”

“Thank you, Mr. Speaker. We just ask for passage of this Bill. It gives juveniles the right not to waive their right at trial. We ask for an ‘aye’ vote.”

“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1993 (sic-Senate Bill 1953)?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? 1953. Have all voted who wish? Have all voted who wish? Dugan. May. The Clerk shall take the record. On this question, there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, page 7 of the Calendar, we have Senate Bill 1968. Representative Granberg. Read the Bill, Mr. Clerk.”

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

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1968 is a quick-take authority for Williamson County in downstate Illinois for economic development purposes for a railroad spur. And I’d be happy to answer any questions.”

“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 19… The Gentleman… the Lady from Will, Representative Kosel, for what reason do you rise?”

“He indicates he will.”

“Thank you, Representative. My extemporaneous answer is the following: Representative, the short answer’s yes. As you know, Williamson County seeks quick-take authority to acquire a parcel of land that will be used for a railroad right of way that will serve a new coal mine project. As the documents supporting Williamson County quick-take request make clear, the county’s request is premised on the county retaining title to the taken land. 09400058.doc 90  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 That way to avoid the law case involving SWIDA. To emphasis that point, I have a letter from the Williamson County Board Chairman that confirms that the county will retain title to the property and lease it for use by the coal company. For the record, too, let me say that this quick-take request is fully consistent with the Illinois Courts’ SWIDA decision. SWIDA instructs that taking is constitutional for a public use when, for example, the government entity condemning the property retains title to the property and the statute authorizing eminent domain authority controls how that property must be used. This Senate Bill fulfills both requirements because Williamson County will, in fact, retain title to the property. And the Bill specifies that the property must be used as a railroad right of way.”

“Yes, yes, Representative. Thank you very much.”

“Seeing no further questions, the question is, ‘Shall the House pass Senate Bill 1968?’ 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… on this question, there are 59 voting ‘aye’, 56 voting ‘no’, 1 present’. And the Gentleman asks leave to place this Bill on Postponed Consideration. Postponed is 09400058.doc 91  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 granted. Postponed Consideration. On the Order of Third Readings, on page 8 of the Calendar, we have Senate Bill 2054. Representative McCarthy. Read the Bill, Mr. Clerk.”

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

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 2054 is an initiative of the Illinois Association of Park District. It allows bonds that are issued under the Park District Refunding Bond Act to be exempt from the nonreferendum cap of our park districts. So… it passed the Senate 59-0, it passed our Revenue Committee 11-0 and I’d appreciate your favorable support.”

“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 2054?’ 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… Brady. Eddy. Pritchard. The Clerk shall take the record. On this question, there are 90 voting ‘aye’, 26 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, on House… on page 8 of the Calendar, we have Senate Bill 2082. Representative Granberg. Read the Bill, Mr. Clerk.” 09400058.doc 92  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

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

“Thank you, Mr. Chairman, Ladies and Gentlemen of the House. Senate Bill 2082 addresses the situation in regard to the Capital Litigation Fund. This is agreed language between the Appellate Prosecutors Office and the Appellate Defender. It addresses a situation which occurred in my district a number of years ago after a murder trial, it was retired. The defense attorney offered to represent the defendant for free and now to the tune of $2.6 million that case is still pending. This would provide that in future cases to protect the integrity of the Capital Litigation Fund, the defense attorney would have to… would be required to submit a proposed budget to the trial court judge. That would be sealed for the defendant’s protection. And he would have to provide itemized expenditures… a list of expenditures to be reimbursed by the Capital Litigation Fund. That was not the case in this murder… this murder trial that is currently pending. The average litigation costs from the Capital Litigation Fund is a hundred and fifty thousand. As I indicated, this one that is currently ongoing has gotten to the point of 2.6 million and rising. So, in… in an attempt to protect the integrity of the fund for future cases that is what this situation… this legislation addresses. Because the Capital Litigation Fund does have a very valid purpose. And we wanna make sure 09400058.doc 93  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 that this fund is not abused by defense attorneys and investigators who want to have their own government subsidized 401K plan.”

“The Lady from Grundy, for what reason do you rise?”

“To the Bill, Mr. Speaker.”

“To the Bill.”

“Ladies and Gentlemen of the House, I have the utmost respect for the Sponsor of this Bill and I… I… I truly understand what he’s trying to do. However, as I questioned him and his guest in committee I put… put it to you. What’s gonna happen… what could potentially happen in this situation is that someone is gonna go into court and request some money from the Capital Litigation Fund. Here’s our budget, this is what we need, this is what happens. For whatever reason after a hearing is held, the judge denies it. Fine. At that point, we go through the whole case it becomes an issue on appeal. And once again, we have brought in more litigation, another reason to argue, just because this one thing didn’t happen then the guy must not have gotten a fair trial. It opens up more reasons for appeal, more money to be spent, more money to be wasted out of the Capital Litigation Fund… and instead of having our justice system work properly and easily. I’m gonna vote ‘no’ on the Bill. I ask you to vote ‘no’ on the Bill. We consistently waste money out of this fund for all of these things that are going to help someone who is guilty of a crime try to beat the system. Thank you.” 09400058.doc 94  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

“Representative Granberg to close.”

“Thank you, Mr. Speaker. Let me briefly address the previous comments made. First of all, under the existing law a trial court judge has the right to refuse to make payments from the Capital Litigation Fund, if he finds them unreasonable. So, in fact, this would not add increased costs to the Capital Litigation Fund. It is doing the exact opposite. We are merely requiring the defense attorney to submit a proposed budget. And to provide an itemized account on how she or he has… the hours they’ve done, the work they’ve performed. So, this brings responsibility to the system. It does not increase costs, it, in fact, would limit them for future cases.”

“Seeing no further question, the question is, ‘Shall the House pass Senate Bill 2082?’ 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? Bost. The Clerk shall take the record. On this question, there are 114 voting ‘aye’, 2 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 8 of the Calendar we have Senate Bill 2104. Representative Phelps. Read the Bill, Mr. Clerk.”

“Take that Bill out of the record. We have House Bill 2116. Is Representative Schock around? Take 09400058.doc 95  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 the Bill out of the record. On page 11 of the Calendar we have Senate… Senate Bill 1853. Read the Bill, Mr. Clerk. Representative Giles.”

Speaker Turner: “Represen… the Gentleman from Lake, Representative Beaubien on Amendment #2.”

“Seeing no questions, the question is, ‘Shall the House adopt Senate Bill 18… Amendment 2 to Senate Bill 1853?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”

“Third Reading. For the Members’ edification, we’re going to page 5. We’re gonna start at the top on Senate Bills-Third Readings. Check the schedule, look at your book. We’re going down the order, starting with 09400058.doc 96  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 Senate Bill #1. I’m sorry, with Senate Bill 49. Representative Colvin. Read the Bill, Mr. Clerk. Senate Bill 49.”

“The Gentleman from Cook, Representative Colvin on Senate Bill 49. Out of the record. On page 5 of the Calendar we have Senate Bill 59. Representative Winters. Read the Bill, Mr. Clerk.”

“The Gentleman from Winnebago, Representative Winters. Out of the record. On page 8 of the Calendar we have Senate Bill 2116. Representative Schock. Read the Bill, Mr. Clerk.”

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

“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 2116?’ 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… Joyce. 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. The Lady from Cook, Representative Currie, for what reason do you rise?”

“Thank you, Speaker. I move to suspend the posting requirements so that Senate Bill 475 may be heard in the Judiciary I Committee and Senate Bill 1267 in the Labor Committee.”

“The Lady asks leave to suspend the posting requirements on those two Bills. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And the posting requirements are suspended. On page 5 of the Calendar, Representative McCarthy, we have Senate Bill 122. Read the Bill, Mr. Clerk.”

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

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 122 as amended by House Amendment #1 authorizes the Department of Human Services to convey a permanent easement for road and utility purposes to the Village of Tinley Park and convey another parcel to the village for nonprofit uses. The nonprofit is for a extended parking lot for the United Cerebral Palsy facility on the DHS property. I’d appreciate your support.”

“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 122?’ All those in favor should say ‘aye’… 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 5 of the Calendar we have Senate Bill 254. Representative Yarbrough. Read the Bill, Mr. Clerk. Out of the record. We have Senate Bill 350. Representative Leitch. Read the Bill, Mr. Clerk.”

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

“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 350?’ 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? Coulson. 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 5 of the Calendar we have Senate Bill 530. Representative Jones. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Lou Jones.” Jones, L.: “Thank you, Mr. Speaker and Members of the House. Senate Bill 530, Amendment #1 becomes the Bill. The House Amendment #1 is the result of an agreement between Cook County Sheriff’s Office and the Department of Public Aid. Currently, the Cook County Sheriff’s Office serves child support notices for judicial and administrative cases. The Bill as amended relieves the Cook County Sheriff’s Office of serving administrative cases and giving the Department of Public Aid the authority to use private process servers for those administrative cases. The Bill as amended gives the Department of Public Aid the option of using private 09400058.doc 100  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 process servers or Sheriff’s Office for counties under 2 million in population. I ask for a favorable vote.”

“Seeing no questions, the question is, ‘Shall the House pass Senate Bill… the Gentleman from… the question is, ‘Shall the House pass Senate Bill 530?’ 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? Representative Verschoore. On this Bill, there are 115 voting ‘aye’… Mr. Clerk, take the record. On this Bill, there are 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Parke, for what reason do you rise?”

“State your inquiry.”

“Representative, we will… it is the intent of the Chair to follow the schedule as on your Calendar. So, we will be working Friday, Saturday, and Sunday and tomorrow we’ll probably be able to tell you a better time in terms of what Saturday’s schedule look like. So, we will give you…” 09400058.doc 101  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

Speaker Turner: “…a daily update, but for the Members’ knowledge or information, they should be prepared to be here Friday, Saturday, and Sunday.”

“On page 6 of the Calendar we have Senate Bill 557. Representative Holbrook. Read the Bill, Mr. Clerk.”

“Out of the record. On page 16 of the Calendar we have Senate Bill 6… no, House Bill 601. Representative Reitz, you have a Motion?”

“Yes…”

Speaker Turner: “Representative Reitz moves that the House nonconcurs with Senate Amendment #1 to House Bill 601. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the House does not concur with Senate Amendment #1. On page 17 of the Calendar… on page 18 of the Calendar, Representative Hannig, we have House Bill 1457. Read the Bill, Mr. Clerk. No. Do you have a Motion? Representative Hannig moves that the House nonconcur with Senate Amendment 1 to House Bill 1457. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And the House nonconcurs with Senate Amendment 1 to House Bill 1457. On page 19 of the Calendar, Representative Holbrook… Representative Holbrook has a 09400058.doc 102  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 Motion that we nonconcur with Senate Amendment 2 to House Bill 1679. All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And the House nonconcurs with Senate Amendment 2 to House Bill 1679. Representative… on page 20 of the Calendar we have Representative Chavez on House Bill 2444. Representative Chavez motions that the House nonconcur on Senate Amendment 1 to House Bill 2444. All those in favor should vote ‘aye’; all those opposed… say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the House nonconcurs on Senate Amendment 1 to House Bill 2444. On page 21 of the Calendar we have House Bill 3480. Representative Kosel. Representative Kosel moves to nonconcur on Senate Amendment 2 to House Bill 38… 3480. All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the House nonconcurs on Senate Amendment 2 to House Bill 3480. On page… on Senate Amendment 2 to House Bill 3480, the House nonconcurs. The Gentleman from McHenry, Representative Franks, for what reason do you rise?”

“I have a parliamentary question.”

“State your parliamentary inq…”

“On Senate Bill… I’m sorry, Amendment #3, does that stay with the Bill and how does that deal on a Concurrence Motion?”

“We’re only dealing with the Nonconcurrence Motion at this point.” 09400058.doc 103  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

“Okay.”

“When we go to Concurrences she will concur with whatever other Amendments are left.”

“Okay. Thank you.”

“On page 22 of the Calendar, Representative Kelly, we have House Bill 38… 3801. The Lady moves that we nonconcur with Senate Amendment 1 to House Bill 3801. All those in favor… Amendment 1 and 2 to House Bill 3801. All those in favor should say ‘aye’; all those opposed say ‘no’. And the Amendment… the House does nonconcur on Senate Amendments 1 and 2 to House Bill 3801. On page 17 of the Calendar we have House Bill 870. Representative Skip Saviano. Representative Saviano moves that the House nonconcur with Senate Amendments #3 to House Bill 870. All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the House nonconcurs with… there is no Senate Amendment 3. Mr. Clerk… Yeah. The House nonconcurs with Senate Amendment 3 to House Bill 870. On page 16 of the Calendar we have House Bill 720. Representative Leitch. Representative Leitch moves that the House… Out of the record. On page 21 of the Calendar, Representative Kosel, we have House Bill 3480. The Lady has a Motion? She motions that we concur in Senate Amendment #3 to House Bill 3480. All those in favor should… The Lady from Will, Representative Kosel.” 09400058.doc 104  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

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

“Thank you. Will the Sponsor yield?”

“She indicates she will.”

“Representative, I understand that you’ve nonconcurred in Senate Amendment 2. What does Senate Amendment 3 do?”

“Now, that you have your file and I did a little tap dance for you.”

“Can you repeat that, Representative?”

“No. No. Let me ask you this, do you know what the Senate’s going to do with your Motion to Nonconcur?”

“So, they’re gonna recede from that Amendment?”

“And then you think this Bill will go right to the Governor?”

“All right. Thank you.”

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

“State your inquiry.”

“The Lady from Will, Representative Kosel.”

“The Lady asks leave to take the House… take this Bill out of the record. On page 13 of the Calendar, for the Members’ edification, we will run down that page starting with the first Concurrence Motion on House Bill 27, Representative(sic-Senator) Haine… Bill Mitchell. Read the Bill… 27, House Bill 27. Out of the record. On page 13 we have House Bill 55. Representative Dunn. Read the Bill, Mr. Clerk. Or not read the Bill, but Representative Dunn. The Gentleman from Will, Representative Dunn.”

“Seeing no questions, the question is, ‘Does the House concur in House Bill 55?’ 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 114 voting ‘aye’, 0 09400058.doc 107  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 ‘noes’, 0 ‘presents’. And this Bill, having received the Con… the Constitutional Majority… I should say, the House does concur in Senate Amendment 1 to House Bill 55. On page 13 of the Calendar we have House Bill 60. The Gentleman from Cook, Representative Lang.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. I move that the House concur in Senate Amendment #1 which is basically a technical Amendment.”

“Seeing no questions, the question is, ‘Shall the House pass… concur in Senate Amendment 1 to House Bill 60?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Biggins. Saviano. The Clerk shall take the record. On this question, there are 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 60. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 13 we have House Bill 62. Representative Lang. The Gentleman from Cook…”

“Thank… thank you, Mr. Speaker, Ladies and Gentlemen. I move to concur in Senate Amendment #1 to House Bill 62. This is a Bill regarding the study of local governments and which ones could be consolidated. Senate Amendment #1 specifies different categories from which the Governor can make his appointments to the… to the committee. It’s a simple Amendment. I would ask for your support.” 09400058.doc 108  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

“Seeing no questions, the question is, ‘Shall the House concur with Senate Amendment #1 to House Bill 62?’ All those in favor should signify by voting ‘aye’; all those opposed should vote ‘no’. And the voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Graham. The Clerk shall take the record. On this question, there are 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 62. And this Bill, having received the Constitutional Majority, is hereby declared passed. We have House Bill 112. Representative Feigenholtz.”

“Thank you… thank you, Mr. Speaker. Senate Bill 112 is a biodiesel Bill that was passed unanimously out of the House. I Motion to Concur with Senate Amendments 1 and 2.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendments 1 and 2 to House Bill 112?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendments 1 and 2 to House Bill 112. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 13 of the Calendar we have House Bill 132. Representative Millner.” 09400058.doc 109  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 132?’ 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? Hoffman. Reis. The Clerk shall take the record. On this question, there are 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received… this Bill, having received the Constitutional Majority, is hereby declared passed. And the House does concur in Senate Amendment 1 to House Bill 132. On page 13 we have House Bill 188. Representative Lang.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. Bear with me one moment. This is the Bill that deals with prevailing wage and the Senate made a minor change clarifying that a unit of local government must accept reasonable submissions b y the contractor regarding the payroll information. It clarifies what documentation meets the requirement of the Act. It’s really a technical and minor Amendment. I would ask your support.” 09400058.doc 110  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

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

“Representative Lang to close.”

“Well, thank you, Mr. Speaker. To the prior Gentleman who spoke, that’s what the Bill did when it left the House. That’s the Bill that got 74 votes in the House. That’s what we already debated on the House Floor. The Amendment does nothing about that. The Amendment simply says that the information can be provided to the public body in any reasonable way. That’s all the Amendment does. What Mr. Black was talking about was the original Bill. And I recognize that he didn’t like the original Bill, but we voted for the original Bill. This is a minor change… Senate Amendment 1 is a minor change in the Bill. The Bill, I might add, deals with making sure that prevailing wage is paid to workers on projects that deal with public money. So, this is a protection of taxpayer dollars. This is to make sure that the employees are being paid what the law requires them to be paid. This Amendment has nothing to do with that, it’s a minor change. I would recommend ‘aye’ votes.” 09400058.doc 112  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

“So, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 188?’ 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? This is final action. Have all voted who wish? Bost. Moffitt. The Clerk shall take the record. On this question, there are 66 voting ‘aye’, 47 voting ‘no’, 1 voting ‘present’. And the House does concur in Amendment… Senate Amendment 1 to House Bill 188. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 14 of the Calendar we have House Bill 190. Representative Beaubien.”

“So, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 190?’ 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? Verschoore. The Clerk shall take the record. On this question, there are 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill… 0 09400058.doc 113  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 190. And this Bill, having received the Constitutional Majority, is hereby declared passed. We have House Bill 212. Representative Sullivan.”

“So, the question is, ‘Shall the House concur in Senate Amendment 3 to House Bill 12(sic-212)?’ All those in favor… the Gentleman from Cook, Representative Lang.”

“Thank you. Will the Sponsor yield for a quick question?”

“He indicates he will.”

“Thank you. Where is he? Who am I talking to? Oh, over there. The light was behind you, Representative. So, we passed the Bill previously regarding training with 09400058.doc 114  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 firearms. Does… does this Bill conflict with that in any way?”

“So, they couldn’t satisfy the gun training requirement by going to this conference?”

“All right. So…”

“All right. So, for legislative intent, there’s no conflict and you don’t intend this to preempt the other Bill in any way?”

“Thank you.”

“So, the question is, ‘Shall the House concur in Senate Amendment 3 to House Bill 212?’ 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 101 voting ‘aye’, 13 voting ‘no’. And the House does concur in Senate Amendment 3 to House Bill 212. And this Bill, having received the Constitutional Majority, is hereby declared 09400058.doc 115  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 passed. On page 14 of the Calendar we have Representative Reitz on House Bill 295.”

“Thank you, Mr. Speaker. House Bill 295, the only change in this in the Senate Amendment was to take the language that we had in the… in the House Bill and put it in another Section to make it compatible. And I’d be happy to answer any questions.”

“Seeing no questions, the question is, ‘Does the House concur in Senate Amendment 1 to House Bill 295?’ 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… Boland… take the record. On this question, there are 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill… the House does concur in Senate Amendment 1 to House Bill 295. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 14 of the Calendar we have House Bill 360. Representative Rose.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment #1 to House Bill 360?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 360. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 14 of the Calendar we have House Bill 316. Representative Osmond.”

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

“Thank you, Mr. Speaker. Inquiry of the Clerk. I… I don’t wanna stop the Bill, I’m for the… the Lady’s Motion. But the Calendar does not indicate that this was referred to the floor by Rules unless… unless it’s on the most recent Rules Report. I just want to make sure we’re straight.” 09400058.doc 117  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

“Representative, it was read on the earlier Rules Report that the Clerk read out.”

“Thank you very much.”

“Seeing no further questions, the question is, ‘Shall the House adopt… concur with Senate Amendment 1 to House Bill 316?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur with Senate Amendment 1 to House Bill 316. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 15 in the Calendar, Representative Lang, we have House Bill 398. No. Out of the record. We have House Bill 433. Representative Scully.”

“Thank you, Mr. Speaker. I move that we concur with Senate Amendment #1 to House Bill 433. The underlying Bill is an Amendment to the Environmental Protection Act to make it a felony to illegally dispose of asbestos. That underlying Bill passed this House 115-0. Senate Amendment #1 takes the same substantive language and inserts it at a different place within the Environmental Protection Act. I consider this to be merely a technical Amendment. And I’d ask for your support on my Motion to Concur.”

“Seeing no questions, the question is, ‘Shall the House concur with Senate Amendment 1 to House Bill 433?’ All those in favor should vote ‘aye’; all those 09400058.doc 118  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? McGuire. The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 0 ‘noes’, 1 voting ‘present’. And the House does concur in Senate Amendment 1 to House Bill 433. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 15 in the Calendar, Representative Biggins, we have House Bill 457.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 457?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 457. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 14 of the Calendar, Representative Monique Davis, we have House Bill 383.” 09400058.doc 119  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 Davis, M.: “Thank you, Mr. Speaker. I concur with the Senate Amendment. And what the Senate Amendment does, it says that the commission will provide for the school board the curriculum that they develop. And the other issue, I think, is that currently Black History is mandatory in schools and it just asks that they include information on the Black Slave Trade. And allows information and materials gathered by the commission to be used as instructional materials.”

“Seeing no questions, the question is, ‘Does the House concur in Senate Amendment 1 to House Bill 383?’ 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 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 383. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concurrences we have House Bill 480. Representative Bradley.” Bradley, J.: “Thank you, Mr. Speaker, Members of the House. The Motion to Concur in Senate Amendment to the Newborn Eye Pathology Act. I know of no opposition to this. And it’s a change which… basically all it does is change the… the time of reporting requirement for the hospital in a case of a newborn that has an eye pathology. And ask for an ‘aye’ vote.” 09400058.doc 120  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendments 1 and 2 to House Bill 480?’ All those in favor should vote oh… vote… 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? Colvin. The Clerk shall take the record. On this question, there are 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this… and the House does concur in Senate Amendments 1 and 2 to House Bill 480. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 15 in the Calendar, Representative Holbrook, we have House Bill 515.”

“Thank you, Speaker. I move for concurrence with Senate Amendment #1. It’s a clarification in case this abandoned property’s located in a mobile home park. Passed out of here unanimously, amended out of the Senate, passed unanimously. Know of no opposition. Would ask for an ‘aye’ vote.”

“Seeing no questions, the question is, ‘Shall the House pass… shall the House concur in Senate Amendment 1 to House Bill 515?’ 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? Bost. The Clerk shall take the record. On this question, there are 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 515. And all… And this Bill, having 09400058.doc 121  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 received the Constitutional Majority, is hereby declared passed. On page 15 of the Calendar, Representative Ryg, we have House Bill 528.”

“Thank you, Mr. Speaker. I move to concur in Senate Amendment #1 which provides that any surplus township open space funds be maintained in a separate fund.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 528?’ 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? Washington. Nekritz. The Clerk shall take the record. On this question, there are 114 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 528. And this Bill, having received the Constitutional Majority, is hereby declared passed. We’re going to Supplemental Calendar #1. And the first Bill on that Order of Senate Bills-Second Reading is Senate Bill 208. Representative Chavez. Read the Bill, Mr. Clerk.”

“Third Reading. We have Senate Bill 1623. Representative Burke. Read the Bill, Mr. Clerk.”

“Third Reading. We have Senate Bill 1832. Representative Graham. Read the Bill, Mr. Clerk.”

“Third Reading. We have Senate Bill 1912. Representative Scully. Read the Bill, Mr. Clerk.”

Speaker Turner: “Third Reading. Senate Bill 2038. Representative Schmitz. Read the Bill, Mr. Clerk.”

“Third Reading. I’d like to remind the Members that each of you should have gotten on your desk today a report from the Joint Committee on Legislative Support Services. It’s regarding the employees’ ethics handbook, ethics training handbook. Each of you should have this on your desk. I think it’s important that all of you take a look at this. And if you have any questions, you may come 09400058.doc 123  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 58th Legislative Day 5/26/2005 down to the podium and we’ll try to address those. This is on our new ethics rules. So, you should all review this document, the Joint Committee on Legislative Support. Representative Hoffman. Mr. Clerk… Mr. Clerk, what’s the status of Senate Bill 208?”

“The Sponsor asks leave to bring the Bill back to Second. The Bill shall remain on Second Reading. Mr. Clerk, would you read the committee schedule.”

“Mr. Clerk, Agreed Resolutions.”

“You’ve heard the Agreed Resolutions. All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And the Agreed Resolutions are adopted. Brad. Mr. Clerk, could you punch up House… Senate Bill 196… And now, allowing perfunctory time for the Clerk, Representative Currie moves that the House stands adjourned until the hour of 12:00 noon tomorrow. So, the House does stand adjourned until 12:00 noon on Friday.”