Illinois House Floor Debate — May 28, 2005

“The hour of 11:00 having come and went, the General Assembly will be called to order. We shall be led in prayer today by Lee Crawford, the Assistant Pastor of the Victory Temple Church in Springfield. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers, rise for the invocation and for the Pledge of Allegiance. Reverend Crawford.”

“We shall be led in the prayer (sic-Pledge of Allegiance) today by the Gentleman from DuPage, Representative Jenisch.” Jenisch – 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.” 09400060.doc 1  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“Roll Call for Attendance. The Gentleman from Jackson, Representative Bost.”

“The Lady from Cook, Representative Currie.”

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

“We have 113 Members, a quorum is present. We will proceed with business. Mr. Clerk, Committee Reports.”

“Ladies and Gentlemen, we’re going to start on page 15 of the Calendar on the Order of Concurrences and we will go down that order, so you should be aware of where your Bill… where your Bill is on the Calendar and be prepared to move that legislation. Page 15 of the Calendar, the first Bill we will hear this morning is House Bill 1870. Representative Monique Davis on the Order of Concurrence.” Davis, M.: “Thank you, Mr. Speaker. I move to concur with the Senate Amendment #2. It provides that the pleading on the cases of parents seeking to get their children returned, that a notice be sent 3 weeks prior to the court date for 09400060.doc 2  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 closure of discovery and that the allegations in the pleading will be treated as incorporated into the petition or motion. It provides that the failure of a respondent to file a written denial of the allegations shall not be treated as an admission that the allegations are true. And I do concur with this, Sir.”

“Seeing no questions, the question is, ‘Does the House concur in Senate Amendment 2 to House Bill 1870?’ 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? The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 2 to House Bill 1870. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 1968. The Lady from Cook, Representative Currie.”

“Thank you, Speaker. I move the House concur in Senate Amendments 1 and 3 to House Bill 1968. This is an omnibus election Bill, many of the items we have seen before. Some have passed in the last General Assembly, or at least passed this chamber in the last General Assembly, and some have been incorporated in Bills current in this General Assembly, House Bill 2564, for example, and Senate Bill 1683 as well as 1697. I’m not gonna describe each of the provisions in the Bill because it is much of… many of them are technical. But I will try to hit for you the highlights and I’d be happy to answer any questions, 09400060.doc 3  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 technical or otherwise, that you have when I’m done. First, the measure would increase the number of signatures required for General Assembly candidates. For the Senate, to a thousand, for the House, to 500. The signature requirements haven’t changed in more than 40 years and the populations in our districts have, in fact, gone up significantly. These… these numbers will reflect less than one-half of 1 percent of the population in the district, and that seems to me to be reasonable. We also will reduce the signature requirements for Mayor of the City of Chicago from 25,000 to 12,500. Again, a reasonable connection to the population. We will permit deputy registrars to do statewide registration and we’ll make sure that colleges, universities, and many state agencies put voter registration forms on the Internet. We will specify that in our district offices we and our employees can act as deputy registrars and we will make sure that people who are willing to be election judges, if they give the employer 20 days notice, may take time off for that activity with, of course, no pay. We will specify that a continuing political committee that doesn’t spend more than $500 for a candidate or a question on the ballot will not need to file a pre-election report. We’ll have an online voter guide for statewide officeholders, candidates for the judiciary, and candidates for the United States Congress. We’re going to specify… close some loopholes so that we will have good disclosure from all who participate in elections, PACs, for example, that get all their money from a foundation. We 09400060.doc 4  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 wanna make sure we know who contributed to the foundation in the first place. Wanna make sure that people whose names have changed, often women who’ve changed their names to a husband’s last name, are permitted to vote in their precinct by affidavit. We provide for early voting 23 days before election day. Election jurisdictions will have to make it possible for people to come in and vote in person. We also have a number of changes and specifications regarding a digitcal… digital recording equipment in the Election Code, for example. We want to clarify that there has to be a paper trail that would be available for review by the public and that there be random audits in precincts where votes are cast using digital record… recording equipment. Again, there are many, many technical changes in this Bill as well, but I think these are the highlights. And again, I’d be happy to answer your questions on the substantive or technical changes that we proposed in Senate Amendments 1 and 3 to House Bill 1968.”

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

“She indicates she will."

“How to register at their new address, yes.”

“My understanding is that they…”

“…they have the option of registering at their parents’ home or at their university address.”

“Let me… let me double check that.”

“I think it’s the only publics, but we’re double checking.”

“Just… I was right, just public universities.”

“If… if people register by mail they will have to vote for the first time in person.”

“And we’re assured by the election authorities across the state that that does not open the opportunity for fraud or for misidentification.”

“But the kind of identification…”

“…they will require…”

“…for registration and for voting will secure the notion that the election is fair and free.”

“We… we would anticipate that the election authorities will set up the early voting at their… at their place of business.”

“Well, we… we would assume that, for reasons of cost and convenience, that’s likely where they’ll do it.”

“That’s only in the case where the individual has to be at work 2 hours before the polls open and has to be at work 2 hours after the polls close.”

“The idea is…”

“…that that individual should be able to take time off while the polls are open so they can cast their vote, so they can exercise the franchise. This Bill is about expanding opportunities for people to participate in the election process. That, to me, is a good thing, it’s what democracy is supposed to be about.”

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

“She indicates she will."

“Yeah, during those 9 days it would. And we are told by the election authorities, the people who run elections, that they do not believe that that would open any potential for fraud or misuse of the electoral system.”

“This would be…”

“This is in person. I mean, people often ask for their absentee ballots before that 23 days before the election.”

“Yes, that’s true.”

“Under… under… if you… if you’re voting… yes, I believe it would say that you can vote early. Yeah. I mean, the idea here is to try to encourage people to participate.”

“Or in person.”

“Or in person. That’s right.” 09400060.doc 10  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“Yes. Yes. We… yes. Even if you did not expect to be out… even if you don’t expect to be in the hospital, you could vote early.”

“This… well, the early…”

“The early voting is in-person, let me check to see if we made a comparable change in the mail… mail-in voting. We did not change those standards.”

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

“She indicates she will."

“And… and the reason for that, Representative, is that what we’ll have then with these two changes… what we will have is signature requirements of a good deal less than 09400060.doc 11  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 one-half of one percent for someone running for Mayor of the City of Chicago or other city offices, and the same will be true for people who seek office in the Illinois General Assembly. The earlier requirement to run for Mayor of the City of Chicago, 25 thousand signatures, was almost a full percent of the… of the populous and we thought that was too high. We thought that created a situation which many people who might legitimately stand for that office would not be able to meet the signature requirement. And we think 12,500 gives people a much better opportunity to stand for one of those municipal offices in Chicago.”

“I don’t think there’s… maybe you could point me to a place in the Bill but I don’t… I don’t believe that we put that provision in this Bill.”

“Whatever the current law is, we haven’t changed it. My recollection is that many of us have gone to factories 09400060.doc 12  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 or other places and handed out literature and, ya know, do the old meet and greet with the voters, trying to encourage their support.”

“I’m sorry, say again.”

“I don’t believe there’s any change in whatever current law would have…”

“…would say on that point.”

“Representative, there’s no change in current law. So, if that employer could do it today, that employer could do it tomorrow. If the employer can’t do it today…”

“…then he couldn’t do it tomorrow.”

“Well, I would imagine that that would count as an electioneering communication and I don’t know that it is barred in the workplace.”

“But if it is or if it isn’t, it doesn’t change under this Bill.”

“This measure would provide that business groups could also do these internal communications without… without coming into the provisions of the Election Code.”

“Perhaps you could point me to what you’re reading in the Bill, Representative, because I don’t believe we’ve made changes in those sections of current law.”

“Representative Parke.”

Speaker Turner: “Representative Parke yields his time to Representative Black. Representative Black, you can continue.”

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

“He indicates… she indicates she will.”

“Yeah. That provision only applies when the worker is required to be at the worksite two hours before the polls open and two hours after they close. So that individual, by virtue of the workday, would without this provision be unable to exercise the franchise. Now, I don’t assume that there are very many people who fit that description, but to the extent that somebody wouldn’t be able to get to work because of the work schedule, we think it’s important to make sure that they have the opportunity to participate as have all the rest of us. So, it’s a very narrow provision. It just says that if you can’t get to work because you start two hours before the… the polls open and you’re at work two hours after the polls close, let the employer give…”

“…you a couple of hours in the middle of the day to go cast your ballot.”

“I believe they’re from 6 a.m. to 7 p.m., 13 hours.”

“So this would be somebody, presumably, maybe for overtime reasons or what have you, would be working 17… a 17-hour day. Yeah, a resident… a doctor who’s a resident, for example, somebody who is required to do a double shift because of somebody else’s not having shown up for work.”

“Right. Sorry, can you… can you ask that question again?”

“That… and so it’s a very narrow provision. There aren’t very many people who will fit that description. All…”

“Early voting, 23 days before the election, that’s right.”

“That’s right. We believe that our local election jurisdictions can figure this one out. We believe…”

“…that most of them want to give people the opportunity to participate and we will… we will… this will allow them to do so. And I would point out that the Association of Illinois County Clerks and Recorders support this Bill.” 09400060.doc 18  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“I trust our local governments to do the right thing, Representative.”

“In this… in this arena I do… I do trust the election authorities.”

“Could you point that to me in the Bill, because I don’t believe that that’s an accurate statement.”

“Check… check… check page 144 of the Bill. You will see that there is a… a comparison check with the signature.”

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

“Thank you. Will the Sponsor yield?"

“She indicates she will."

“Representative, is there anything inherent in this Bill that only benefits the City of Chicago?”

“No.”

“Is there anything inherent in this Bill that only benefits the Democratic Party?”

“Absolutely not.”

“Does this Bill… does this Bill have the same provisions for both political parties?”

“Absolutely.”

“Does this Bill have any negative impact on independent voters?”

“No.”

“Does this Bill allow college students to register to vote?”

“Yes, but that’s already true.”

“To the Bill.”

“To the Bill.”

“Mr. Speaker, once again we hear hysteria from the other side of the aisle for no reason. They like to set up strawmen and knock them down. So they set up the City of Chicago as a strawman to knock it down. They set up the Democratic Party as a strawman to knock it down. What is 09400060.doc 20  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 in this Bill that is unfair to the Republican Party? What is in this Bill that makes it more difficult for that side of the aisle to do the work it needs to do to register voters and get them to the polls? We could tell as many stories about other counties in the state as they would like to allege about Cook, so we can get into that debate if they wish. But Ladies and Gentlemen, this is a long list of reforms designed to help voters get to the polls, to help them get registered to vote, and to help us have fairer and freer and more open elections. I don’t understand the hysteria that we hear from time to time, the concern about vote fraud. We all have that concern. But the allegations that somehow the Democratic Party is a party of vote fraud is kinda silly. The idea that the other side of the aisle is gonna come to the floor and make up stories and make up issues that don’t exist is kind of ridiculous. If you’re fearful that our side of the aisle will do a better job implementing these new rules than your side of the aisle, I suggest you get better people to implement the new rules. But let’s not… let’s not set up strawmen in the House of Representatives, let’s freely and openly debate the issues as they are. This is an excellent Bill. It’s well-written, well crafted, helps twelve and a half million citizens in Illinois to have free and open elections. There’s no reason for a ‘no’ vote. You should be voting ‘aye’.”

Speaker Turner: “The Gentleman from Kane, Representative Schmitz, for what reason do you rise?” 09400060.doc 21  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

Speaker Turner: “The Gentleman yields his time to Representative Winters, the Gentleman from Winnebago.”

“She indicates she will."

“No, no, no. No, no. The question was who gets two hours off to vote, and those are the people. There is a different…”

“…provision in the Bill, Representative, that says that if you decide you wanna help in the electoral process by serving as a judge, you may give your employer…”

“…you may give…”

“We’re looking for…”

“We’re looking for the provision, Representative. I think if somebody…”

“If somebody’s work time overlaps…”

“…the poll time…”

Speaker Turner: “Are you finished? The Gentleman from Champaign, Representative Rose, for what reason do you rise?”

“He may need it at St. John’s. Representative Winters, are you finished? Representative Currie to close.”

“Thank you, Speaker and Members of the House. This is a good Bill. It opens opportunities for participation in 09400060.doc 23  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 the electoral process. Maybe it’s a good Bill for Democrats because we think expanding the franchise is a good thing. I would’ve hoped my counterparts on the other side of the aisle agree that encouraging people to vote is good for democracy. If you think expanding the franchise, offering opportunity is a bad thing, you are welcome to vote ‘no’ on this concurrence Motion. But anybody who cares about seeing to it that our democracy operates as a democracy ought to be voting ‘yes’. I urge your ‘aye’ votes.”

“The question is, ‘Shall the House concur in Senate Amendments 1 and 3 to House 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? The Clerk shall take the record. On this question, there are 62 voting ‘aye’, 51 voting ‘no’. And the House does concur in Senate Amendments 1 and 3 to House Bill 1968. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concur… Concurrences, we have House Bill 337. Representative Currie. The Lady from Cook.”

“Thank you, Speaker and Members of the House. I move the House concur in Senate Amendment 1 to House Bill 337. These are some technical changes to the Judicial Subcircuit Bill the Legislature passed last year and what these do is to make for greater population equity in some places, respond to concerns that were brought up in committee 09400060.doc 24  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 hearings by my counterparts on the other side of the aisle, make sure that communities of interest are kept together as much as is possible. I would be happy to answer your questions. I think this makes the kind of technical changes that make these subcircuits work more effectively for the principles of the people of these areas. I would be happy to answer your questions.”

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

“She indicates she will.”

“We had held hearings before the Veto Session before legislative action and, of course, we had many committee hearings on those measures. Staff, after those hearings, did go back, listen to the transcript, and try to accommodate some of the issues that you yourself and other Members of… of the Minority Party raised at that time.”

“And, for example, one of the questions…”

“Yeah, that… that… actually, I don’t have real strong information about that. I believe that the Senate Members, responding to some concerns that were raised in their hearings, in their chamber, felt that the shift was a useful thing to do.”

“I can tell you that one of the…”

“Pardon me?”

“I cannot answer that question. I can answer the question about why there was cre… the… the change in the Lake County circuits.”

“I would have no idea, no way of knowing, and I would be surprised if there were.”

“This was responsive to concerns raised about whether we’d kept communities of interest as intact as possible. So we tried to…”

“…make some changes…”

“The rationale, Representative, for adding a subcircuit in Kane, Kendall, DeKalb…” 09400060.doc 27  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“For the reason that the population numbers in that particular circuit…”

“…were much bigger than they were in the other subcircuits.”

“For a very good reason.”

“To the Bill.”

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

“She indicates she will.”

“Oh, and… and that feeling is mutual, Representative. I appreciate your saying that.”

“It does not. I believe that there was a House Bill earlier this season that sought to require judges that were elected by a subcircuit to stay in the subcircuit. I believe that measure did not have enough votes to pass this chamber.”

“I… I’ll check it too and let you know.”

“To the Bill.”

“Representative Currie to close.”

“Thank you, Speaker and Members of the House. We have already created judicial subcircuits in Will, in Lake, and in Kane, Kendall, and DeKalb Counties. This measure makes technical changes to respond to legitimate concerns about communities of interests, about population sizes, and many of those concerns came from my colleagues on the House Judiciary Committee who heard the measure when it was originally proposed. These changes are fair, they are responsive, and I urge your ‘aye’ vote.”

“The Gentleman has requested a verification. So, all Members should punch their own button and be in their own seats as we proceed with this Roll Call. The question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 337?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. And the voting is now open. Have all voted who wish? Have all voted who wish? Punch 09400060.doc 31  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 your own button and proceed to your seat. The Clerk shall take the roll. On this question, there are 62 voting ‘aye’, 51 voting ‘no’. And the House does concur in Senate Amendment 1 to House Bill 337. The Gentleman has requested a verification and we will ask the Clerk to proceed with the affirmative.”

“The Gentleman from Vermilion, Representative Black.”

“That’s the obscure rule?”

“We’ve had a parliamentarian that ruled that your obscurity is…” 09400060.doc 32  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“He’s here.”

“Representative Acevedo’s down front.”

“Representative Lou Jones… Lou Jones is in the middle of the aisle.”

“She’s back by the ladies’ room. That doesn’t count?”

“We’ve got a new parliamentarian here.”

“Let me just check with her.”

“She’s in her seat.”

“So does that give us one up?”

“He’s talking to the doorman.” 09400060.doc 33  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“You’re… you’re stretchin’ it.”

“You’re stretchin’ it. Any further questions?”

“He’s in his seat.”

“Seeing further… no further questions on this Bill, having received 62 affirmative, 51 negatives, it has received the Constitutional Majority, is hereby declared passed. And the House does concur in Senate Amendment 1 to House Bill 337. The Lady from Cook, Representative Chavez, for what reason do you rise?”

"Thank you, Mr. Speaker. On point of personal privilege. I would like the General Assembly to welcome people that came from the State of Jalisco, the Director of International Affairs and some people that come from the duration of Chicago. They are over there. The name of them are like Antonio Zubieta, Nicanor Torres, José Luis Treviño, Director of International Affairs from Jalisco, 09400060.doc 34  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 Eliseo Carrillo from Protecta, and Deigo Jiraldo from Exidos Newspaper. Thank you.”

“Welcome to Springfield. We’re returning back to page 15 under the Order of Concurrences. On the Order of Concurrences, we have House Bill 2004. Representative Acevedo. Take it out of the record. Ladies and Gentlemen, we’re on page 15 of the Calendar. We are under the Order of Concurrences and we will move down the Calendar in that order. The next Bill is House Bill 2343. Representative Hamos.”

“Thank you, Speaker, Ladies and Gentlemen. This is a Bill that we’ve seen twice before this year. We had duplicate Bills crisscrossing and this is the Bill that deals with the consumer’s right to healthcare… the consumer’s guide to healthcare. It will be a new consumer-friendly website in Illinois comparing hospital data. And with this Bill we are adding the ambulatory surgical treatment center data. Now, the purpose of this particular Amendment is to work out the only remaining problems we had with the Illinois State Medical Society and the Ambulat… Surgical Treatment Center Association. And with this… with this Amendment they now agree and it’s in a… it’s a completely concurred to Bill and I seek your ‘aye’ vote.”

“Seeing no questions, the question is, ‘Does the House concur in Senate Amendment 2 to House Bill 2343?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who 09400060.doc 35  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 wish? Have all voted who wish? Have all voted who wish? Leitch. Bost. Leitch and Bost, could someone… There are 113… the Clerk shall take the record. There are 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendments 2 to House Bill 2343. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 2004. 2004. Representative Acevedo.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I ask to concur with House Amendment 1 to 2004. Basically, what it does it… it restricts it… the program to deal just with eyeglasses instead of the other as part of dental care and hearing care, it strictly deals with vision care. I’ll be happy to answer any questions.”

“The Gentleman from Crawford, Representative Eddy, for what reason do you rise?”

“He indicates he will."

“The estimated cost would be $3 million.”

“Yes.”

“Representative, I’m sorry, it’s not estimated. What we’re trying to do, it’s a pilot program. Three million would be put in the funding and once the funding runs out 09400060.doc 36  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 the program would have to wait ‘til next year to be funded again.”

“Yes. Yes.”

“There will be no money at all at some point. Yes, Representative.”

“Speaker, I… I can’t… I can’t hear.”

“Yes, Representative.”

“You’re correct, Representative.”

“Seeing no further questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 2004?’ All those in favor should vote 'aye'; all those 09400060.doc 37  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 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 99 voting ‘aye’, 13 voting ‘no’, 1 voting ‘present’. And the House does concur in Senate Amendment 1 to House Bill 2004. And this Bill, having received the Constitutional Majority, is hereby declared passed. We have House Bill 2345. Representative Hamos, the Lady from Cook.”

“Thank you. Ladies and Gentlemen, this is the Electronical Medi… Electronic Medical Records Task Force that we are creating in part to deal with the issues of medical malpractice by reducing medical errors. And I think that this task force will really move us forward in… in devising a statewide system. What this Amendment does is something that was recommended actually by Representative Coulson the first time this came through and that is that we ask them to submit a report to us by December 31, 2006. And that’s what this Amendment is. I seek an ‘aye’ vote.”

“Seeing no questions, the question is, ‘Shall Senate Amendment 1… will the House concur in Senate Amendment 1 to House Bill 2345?’ 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? The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur is Senate Amendment 1 to House Bill 2345. 09400060.doc 38  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 And this Bill, having received a Constitutional Majority, is hereby declared passed. We have House Bill 2351. Representative Leitch. The Gentleman from Peoria.”

“Seeing no questions, the question is, ‘Shall the House concur is Senate Amendment 1 to House Bill 2351?’ 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? The Clerk shall take the record. On this question, there are 105 voting ‘aye’, 7 voting ‘no’, 1 voting ‘present’. And the House does concur in Senate Amendment 1 to House Bill 2351. And this Bill, having received the Constitutional Majority, is hereby declared passed. We have House Bill 2380. Representative Coulson. The Lady from Cook.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 2380?’ 09400060.doc 39  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 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? Hamos. Reitz. The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this… and the House does concur in Senate Amendment 1 to House Bill 2380. And this Bill, having received the Constitutional Majority, is hereby declared passed. We have House Bill 2417. Representative Kelly. Out of the record. Clerk, read the Rules Report.”

“And now on the Order of Concurrences, on page 16 of the Calendar, we have House Bill 2417. Representative Kelly. The Lady from Cook.”

“Thank you, Mr. Speaker. I move to concur with Senate Amendment 2. It’s a technical change. It deals with the conflict regarding countywide offices with Municipal Board of Elections. In other words, it assures that once the local canvassing boards are abolished, Cook County will do its own instead of Chicago.”

“Seeing no questions, the question is, ‘Does the House concur in Senate Amendment 2 to 24… 2417?’ All those in favor should vote 'aye'; all those opposed… The Gentleman from Vermilion, Representative Black.”

“She indicates she will."

“It doesn’t broaden it, Representative.”

“Senate Amendment 2 deals… it was just a technical change.”

“Representative, Senate Amendment 2 deals with the conflict of… what I read before with regarding countywide offices and their being a municipal board and then the county board. It’s a technical change.”

“Representative…”

“Representative, I’m gonna pull it out of the record and…”

“…bring it back.”

“Take the Bill out of the record. We have House Bill 22… 2449. Representative Washington. The Gentleman from Lake, Representative Washington, on 2449.”

“Thank you, Mr. Speaker. Mr. Speaker, on House Bill 2449, it passed out of the Senate unanimously with a Senate Floor Amendment #1. #1 Amendment was requested by the railroad industry and the enforcement procedure has been changed from criminal proceedings brought by the states attorney to an administrative proceeding enforced by the Illinois Commerce Commission. A civil fine could be 09400060.doc 42  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 issued after a hearing and finding by a commission administrative law judge. With Senate Floor Amendment #1, all original opponents are now neutral and the Illinois Commerce Commission has agreed to administer this Act. The proponents have agreed to accept this Amendment with the understanding that the provision of this Act will be strictly enforced by the commission and I ask of my colleagues favorable concurrence to Senate Floor Amendment #1 to House Bill 2449.”

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

“Seeing no further questions, the question is, ‘Will the House concur in Senate Amendment 1 to House Bill 2449?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this… and the House does concur in Senate Amendment 1 to House Bill 2449. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Concurrences, Representative Flowers, we have House Bill 2451. The Lady from Cook, Representative Flowers. No… out of the record. You’re right. Out of the record. We’re gonna go to the Order of Sec… Senate Bills- Second Reading, page 6 of the Calendar. We have Senate Bill 27. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Gentleman from Cook, Representative Molaro, on Amendment #1.”

“At this point, Mr. Speaker, I move to withdraw Amendment #1.”

“The Gentleman asks leave to withdraw Amendment #1. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. 09400060.doc 44  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 And Amendment #1 is withdrawn. The Lady from Will, Representative Kosel, for what reason do you rise?”

“The Republicans’ screens are all blank?”

“Are the Democratic screens blank too?”

“We will ask the technician to check your computer screen.”

“The Governor hasn’t signed that Bill yet. That’s fast. Further Amendments?”

Speaker Turner: “The Gentleman from Cook, Representative Molaro, on Amendment #2.”

“Thank you.”

Speaker Turner: “Wait just a minute. The Gentleman from Champaign, Representative Rose.”

Speaker Turner: “The Gentleman from Cook, Representative Molaro.” 09400060.doc 45  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“Well, Mr. Speaker, I’ll just explain to them what’s in the Bill. They don’t really need… I don’t really think they need their computers for it. I’ll… I’ll tell it… I’ll tell it like it is. They’re… this is just a merely Bill, it doesn’t really do much. So… My… Mr. Speaker, I’m prepared but I don’t know what you’re gonna do about this. Yeah, this…”

“It’s my under…”

“…is just, as the Doctor Reverend Black would say, it’s merely a technical Amendment. It technically talks about… Well, Mr… Mr. Speaker, we did this without computers for, ya know, a hundred and twenty years in this General Assembly. And we had… so what’s the big deal? Yeah, it was read about. And our screens… our screens don’t say much except just ‘vote ‘yes’’ on it. So, I don’t know why we have to wait. I’m sure yours is gonna come up ‘vote ‘no’’ so…”

“Representative Molaro, let’s just give it a minute and see what LIS is doing here to correct these systems.”

“So, are we gonna re… relax for a minute or two?”

“No, I’m certain… just give us a minute here.”

“I will.”

“They should… they should…”

“I don’t have time to get something to eat or anything? Just…”

“No.”

“I’ll just stand at ease, Mr. Speaker.” 09400060.doc 46  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“Yeah, when you see all their heads focused on the screens you know that they’re back in business. Just give them a few minutes here. Mr. Clerk, take Senate Bill 27 out of the record. On the Order of Concurrences, page 16 of the Calendar, we have House Bill 2462. Representative Mendoza.”

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I rise to concur with Senate Amendment #1 on 2462. Simply clarifies the language that we sent out of the House over to the Senate a little while back. Would provide for the seller of the home to refer to his or her most recent property tax bill to determine the amount of the homestead exemption for which the seller was eligible. All we’re doing here is clarifying the language even further and I would ask for your support.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 2462?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? This is final action. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 voting ‘aye’, 0 ‘no’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 2462. And this Bill, having received the Constitutional Majority, is hereby declared passed. We have House Bill 2500. Representative Jakobsson, the Lady from Champaign. Representative Jakobsson.” 09400060.doc 47  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“Thank you, Mr. Speaker. On Senate… on House Bill 2500 I move to nonconcur with Senate Amendments #1 and 3.”

“Representative Jakobsson moves that we noncur on Senate Amendments 1 and 3. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And the Motion carries. The Gentleman from Cook, Representative Molaro, for what reason do you rise?”

“I have a question of the Chair. On these last Bills that we read, are they showing up on the Republican screen?”

“Yes, they are.”

“You mean just 27 wasn’t showing up? How do we know that it was… well, I won’t say.”

“Representative, the virus was caught. The Gentleman from Kane, Representative Schmitz, for what reason do you rise?”

“It probably would work. On the Order of Concurrences, Representative Howard, we have House Bill 2578. The Lady from Cook.”

“Yes, thank you very much, Mr. Speaker. As you know, my colleagues, House Bill 2578 addresses the high rate of HIV/AIDS in the African-American community. This Bill would provide for free HIV testing in busy state offices 09400060.doc 48  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 serving high risk communities. It enhances reentry services for HIV-positive inmates leaving state prisons and expands the voluntary HIV counseling and testing in Illinois prisons and jails. Senate Amendment #1 changes the way that HIV testing is offered in Illinois jails. Senate Amendment #2 was submitted at the request of the Illinois Department of Corrections. It makes technical changes to the IDOC provisions and corrects some drafting errors. I Motion for Concurrence of Senate Amendments 1 and 2 to House Bill 2578.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 and 2 to House Bill 2578?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. This is final action. All those… Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the… and House does concur in Senate Amendment 1 and 2 to House Bill 2578. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 16 of the Calendar, we have House Bill 2853. Representative Tryon. The Gentleman from McHenry.”

“Seeing no questions, the question is, ‘Does the House concur in Senate Amendment 1 to House Bill 2853?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 2853. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 17 in the Calendar, Representative Kosel, we have House Bill 3048. The Lady from Will, Representative Kosel.”

“Seeing no questions, the question is, ‘Does the House concur in Senate Amendment 1 to House Bill 3048?’ 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? 09400060.doc 50  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 Sacia. The Clerk shall take the record. On this question, there are 65 voting ‘aye’, 48 voting ‘no’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 3048. And all… and this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Kosel, we have House Bill 3480. The Lady from Will.”

“The Lady asks leave to nonconcur on Senate Amendment 3 to House Bill 3480. All those in favor should say 'aye'; all those opposed say 'no'. The opinion of the Chair is the ‘ayes’ have it. And the Motion carries. On the Order of Concurrence, Representative Moffitt, we have House Bill 3532. Read the Bill. Or not read the Bill, but the Gentleman from Knox, Representative Moffitt, on the Bill.”

“Seeing no questions, the question is, ‘Shall the House concur with… with Senate Amendment 1 to House Bill 359… 32?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 3532. And this Bill, having received the 09400060.doc 51  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 3268. Representative Feigenholtz. 3628. Representative Feigenholtz, the Lady from Cook.”

“Thank you, Mr. Speaker. I Motion to Concur with Senate Amendments 2 and 3 to House Bill 3628. These Bills are essentially… these Amendments essentially cleaned up some opposition that people had and… and retooled the Bill so that attorneys who are providing legal services and people who are facilitators could associate with agencies if they chose not to become licensed child welfare agencies.”

“Seeing no questions, the question is, ‘Will the House concur in Senate Amendments 2 and 3 to House Bill 3628?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 voting ‘aye’, 1 voting ‘no’, 0 ‘presents’. And the House does concur in Senate Amendments 2 and 3 to House Bill 3628. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 3648. Representative Dunn. Out of the record. We have House Bill 3678. Repre… Representative Schock, the Gentleman from Peoria.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendment 1 to House Bill 3678?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 3678. 09400060.doc 53  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concurrences, we have House Bill 3800. Representative Kelly.”

“Thank you, Mr. Speaker. I’d like to move to concur with Senate Amendment #1 on House Bill 3800. It just makes a technical change to the Bill regarding the legal description of the land that MWRD wants to annex. There is no opposition to the Bill… or the Amendment.”

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

“She indicates she will."

“Yes, this is…”

“Seeing no questions, the question is, ‘Will the House concur in Senate Amendment 1 to House Bill 3800?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Parke, Poe, and May. The Clerk shall take the record. On this question, there are 87 voting ‘aye’, 25 voting ‘no’, 0 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 3800. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Dunkin, for what reason do you rise?” 09400060.doc 54  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

"Point of personal privilege.”

“State your point.”

"Ladies and Gentlemen of the House, just for us to take… I’d like for us to take a moment to recognize the Mayor of Maywood, Illinois, from our very own State Representative Yarborough’s husband, Henderson Yarborough. Right here. The Mayor of Maywood.”

“Welcome to Springfield, Mayor. On the Order of Concurrences, on page 17, we have House Bill 3874. Representative Brosnahan, the Gentleman from Cook.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with Senate Amendment #1 and Senate Amendment #2 of House Bill 3874. The underlying Bill initially raised the penalty for official misconduct by a public officer or employee from a Class III felony to a Class II felony. The underlying Bill also created a new offense of public contractor misconduct, making it a Class II felony. Senate Amendment #1 simply expands the definition of ‘official misconduct’ to include ‘special government agent’ as defined as the Illinois Governmental Ethics Act. Senate Amendment #2 removed the increased penalty for official misconduct, retained it as a Class III. It also reduced the penalty for a public contractor misconduct to a Class III felony to track with official misconduct. There’s also some clarifying language that the Senate included to address the concerns of the Road Builders Association and to address the concerns of the 09400060.doc 55  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 Illinois Mechanical and Specialty Contractors Association. I know of no opposition to either Amendment.”

“Seeing no questions, the question is, ‘Will the House concur in Senate Amendments 1 and 2 to House Bill 3874?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Hassert. Representative Dugan. The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendments 1 and 2 to House Bill 3874. And this Bill, having received a Constitutional Majority, is hereby declared passed. We have House Bill 4014. Representative Biggins, the Gentleman from DuPage.”

“Seeing no questions, the question is, ‘Will the House concur in Senate Amendment 1 to House Bill 4014?’ 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? Lyons. Bassi. Eileen Lyons. The Clerk shall take the record. On this question, 113 voting ‘aye’, 0 ‘noes’, 0 09400060.doc 56  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 ‘presents’. And the House does concur in Senate Amendment 1 to House Bill 4014. And this Bill, having received a Constitutional Majority, is hereby declared passed. Page 18 of Calendar, we have House Bill 4023. Representative Chapa LaVia.”

"Thank you very much, Speaker, Members of the House. This… this Bill started off pretty contentious, it’s the video game Act. And I move that the House concur with Senate Amendments 2 and 3. The changes to the Bill… as it traveled over to the Senate I kept my word as a Member of this Body and continued to work with the other side of the aisle to make sure this Bill became something that we could be proud of. The changes that we placed into the Bill from there to here, and I wanna thank Representative Hultgren and Representative Mulligan for helping with the… the changes… there’s a couple changes. One, the new affirmative defense to protect clerks from liability. Retail salesclerks should not be found in violation of this Section unless he or she has complete knowledge that a party to whom he sold or rented a violent video game was a minor and the clerk sold or rented the video game to a minor with a specific intent to do so. The only way a clerk would be liable if… is if she or he inintentionally (sic-unintentionally) sells it to a minor, knowingly breaking the law. Similar, if the clerk knowingly sells to a minor in the fashion the retailer may not be held liable. The second new… portion that is different, new affirmative defense for retailers. If the 09400060.doc 57  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 game was prepackaged and rated E, E10+, EC, or T by the entertainment software rating board then the retailer shall not be liable. This allows the retailer to rely on the industry’s rating system as an affirmative defense. Games that contain extreme violence or are sexually explicit under this statute will not be sold to minors under 18. And then also, the next change, and probably one of the largest, is the reducing penalties. The fines have been reduced from the original 5 thousand and a Class A misdemeanor to a petty offense punishable by a thousand dollar fine. This removes the possibility that a young clerk would obtain a criminal record by selling violent or sexually explicit games to minors. Further, the penalties for la… for labeling and signage violations have been reduced to a petty offense punishable by a $5 hundred fine for the first three offenses and a 5 hundred fine for each subquential… subsquential (sic-subsequent) offense. I’d like to say that initially IRMA and the entertainment industry was extre… they are for these changes but they still are regretfully against the original Bill. When we first started with this Bill I’d like to say that… that those two industries felt that their glass was empty. I think we’re at a point where it’s at least half full and I’d like to also acknowledge that this might be one of the strongest pro-parenting Bills that we put into law for this year. I’m happy to answer any questions. Thank you.” 09400060.doc 58  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

Speaker Turner: “Representative… Representative LaVia (sic- Representative Chapa LaVia), you are concurring in both 1, 2, and 3. Is that correct?”

"Corre… correct. Thank you for…”

“Okay.”

"…for validating that.”

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

“Thank you. To the Motion, Mr. Speaker. I’m gonna repeat the comments I made in committee because I think it’s important for the Body to hear them and I think it’s also important that the Supreme Court read the transcript of this debate. But Ladies and Gentlemen, I intend to vote for this Bill but I intend to vote for it knowing it’s unconstitutional. It’s unconstitutional as written. Now, why would I vote for a Bill that’s unconstitutional on its face? Because as I said in committee, I’m hopeful that we can put a Bill out there that the Supreme Court will read, look at, and send us a message as to how to fix it. Apparently, no one in this Body is able to draft this in a constitutional way, no offense to the Sponsor. It’s a very difficult area of law. And apparently, the Governor’s Office, all due respect to Mr. Ryan, has not been able to draft a Bill that’s constitutional. The first version of this Bill wasn’t constitutional, the second version of this Bill wasn’t constitutional, and this version of the Bill isn’t constitutional. Why? Well, some will talk about the First Amendment but I’m not sure that’s the issue. The 09400060.doc 59  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 issue is that the Bill is vague. It talks about complete knowledge but it doesn’t de… doesn’t define what the term ‘complete knowledge’ means. The Bill doesn’t say what ‘complete knowledge’ means so that the clerk or the store owner or whoever’s selling this game has some knowledge as to whether they’re breaking the law or not breaking the law. So that’s the first issue. The second issue is not necessarily… the second issue also deals with what’s constitutional. The Supreme Court of the United States has said more than one time that government cannot delegate to a private entity its rulemaking authority. And yet, this Bill takes ratings that have been created by a private institution and adopts them as our own. Now, these ratings can be made up and changed by this private institution at any time and yet this Bill demands that we create a law that uses these same rating systems and makes it part of our law to determine whether some 18-year-old clerk at some retail outlet should or should not sell this game. Now, we all know there are violent and… and sexually explicit video games. We all think they’re harmful, we all want to get rid of them, and we all have a goal of doing that. But this Bill was written not in a constitutional way. One more issue. The Bill sets up affirmative defenses, which as far as it goes are fine. The problem is an affirmative defense only kicks in once somebody’s arrested. So now we’re gonna have somebody arrested or cited or being declared a criminal and then they have to go into court and convince a judge, by using these affirmative defenses, that 09400060.doc 60  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 somehow they have not violated the law because the affirmative defense kicks in. So first we arrest the person and make them a criminal… or an alleged criminal and then we allow them to throw their affirmative defense in. There’s something wrong with that, Ladies and Gentlemen. Now, having said all this, again I say… I’m only saying this so maybe the Supreme Court will read the transcript of this debate. I’m hopeful they will read my comments because what I really would like the Supreme Court to do is say, ‘Representative Lang, you’re right. Representative Chapa LaVia, you have a great idea, here’s the way to fix the Bill to make it constitutional to get our kids away from these games.’ So, I would recommend ‘aye’ votes but I’d like some of you to talk about how you think that some of these ideas I have talked about are also correct so we can convince the Supreme Court to help us draft a Bill that the Governor has been unable to handle properly. Thank you.”

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

“She indicates she will." 09400060.doc 61  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

"Correct. In the… in the case that they do get cited, that would allow them… kind of, if you will… and I don’t know… we don’t like using these words…”

"…’loopholes’. It’s not part of the Bill, it allows them to use it…”

"…if they are cited.”

"Cor… correct. Correct.”

"Mom and Dad can buy the game. That’s why I call this…”

"…a very pro-parenting…” 09400060.doc 62  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

"Right.”

"Right.”

"Right.”

Speaker Turner: “The Gentleman from DuPage, Representative Meyer, for what reason do you rise?” 09400060.doc 64  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

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

“She indicates she’ll yield."

Chapa LaVia: "Senate Amend… Se… yeah, it allows a new affirmative defense for retailers if the game was prepackaged and rated ‘E’, ‘E10+’, ‘EC’, or ‘T’ by the entertainment softmo… Software Rating Board. And in… in the Supreme Courts in California they upheld the use of a private rating system as affirmative defense and…”

"…I feel that the usage under this Act will allow it to be constitutional.”

"For prepackaged.” 09400060.doc 65  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“He’s lookin’… he’s lookin’ for stuff. He’s lookin’ for stuff. Turn on the Gentleman from Vermilion, Representative Black.”

“He indicates… she indicates she will.”

"Well, we’re not… we won’t destroy them. Or your sister-in-law, right?”

"Your sister-in-law.”

"We’re… we’re not destroying them, Representative. All we’re doing is restricting it so under a… age 18 cannot purchase them.”

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

“She indicates she will."

"You mean how do the ratings get placed on the films?”

"By the manufacturing.”

"By the manufacturing.”

"Yeah. And what…”

Chapa LaVia: "It… it’s a… the industry association that’s uniformed.” 09400060.doc 68  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

"That’s exactly why the affirmative defense is in there for the protection of the clerks from the liability of.”

"Well, yeah. The retailer.”

"The retailer, the actual business that sells.”

"Well, we’re only within our guidelines of what happens in the state. So, if something is mislabeled and comes into the state and say your son purchases it and he’s 17 and they’re relying them on the misleading information…”

"It… the practicality of this Bill is no one’s going to enforce the law if these…”

"…affirmative ac… defenses can be used.”

"If the affirmative defensive…” 09400060.doc 69  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

"…applies.”

"That’s… that’s not true.”

“The Lady from Cook, Representative Monique Davis, for what reason do you rise?” Davis, M.: “Yeah, thank you, Mr. Speaker. The Sponsor and I have discussed what Representative Rose talked about in reference to a trailer Bill to take care of the prepackaging. In other words, we could draft something quickly that stated whether it’s prepackaged or sold secondly or whatever. But I think what most of us in here are not aware of is what some of these games contain. I attended a press conference with Governor Blagojevich in which samples of some of these games were shown. And you would be absolutely shocked at what your children have access to. We would be more than shocked of what this does than what not having a filter on a library computer does. We want filters on library computers, then surely we want to filter this kind of material out of young children’s hands. In the press conference there was a group of students in Representative Nekritz’s district and I asked those students, ‘Do any of you play sports with your video games?’ The response was ‘not many’ because one little lady said, ‘We don’t learn anything from them. They’re boring and we’re not learning anything.’ And I asked, ‘What do you learn from the violent ones?’ And she said, ‘We learn how to hide guns, we learn different ways to kill people.’ And this little girl was like fourth of fifth grade. We have a responsibility to see that children are 09400060.doc 71  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 not growing up on getting pleasure from seeing the murder and the death of women, the murder and death of police officers. Not just a murder, but the kind of vicious stomping, beheading. You would be shocked if you saw some of this material. You haven’t seen it, you don’t know what’s out there. We were given an opportunity to look at some of them, have children respond to what they saw, and we recognized a need, not just in this state. But this is our obligation, this is our responsibility. I commend the Sponsor. I commend all of those who join the Governor in this attempt to protect children from growing up and developing the kind of heart that gets pleasure from seeing people killed, from seeing blood drip from babies, from seeing a women being stomped to death, from seeing a police officer become drug addicted and then become the murderer. I think we need to take a good look at this legislation and accept our responsibility so if it goes to court, it goes to court. We’ve done what we should do. Protect those babies. Don’t let them become the monsters that we see in these violent games. I urge an ‘aye’ vote.”

“Seeing no further questions, the question is, ‘Will the House concur in Senate Amendments 1, 2, and 3 to House Bill 4023?’ All those in favor should vote 'aye'; all those ovote… all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Flowers. Have all voted who wish? The Clerk shall take the record. On this question, there are 106 voting ‘aye’, 6 voting ‘no’, 1 voting ‘present’. And the House 09400060.doc 72  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 does concur in Senate Amendments 1, 2, and 3 to House Bill 4023. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Winnebago, Representative Sacia, for what reason do you rise?”

“State your point.”

Speaker Turner: “Welcome to Springfield. On the Order of Concurrences, on page 18 of the Calendar, we have House Bill 4030. Representative Brosnahan.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with Senate Amendments #2 and 3 to House Bill 4030. The underlying Bill strengthens the reporting requirements for registered sex offenders. Senate Amendment #2 simply adds clarifying language that when a juvenile sex offender is required to register as an adult sex offender it does not extend the original 10-year registration period. It also limits the ability of local law enforcement agencies to require additional registrations to no more than 4 per year. Senate Amendment #3 deals with the provision that prohibits registered sex offenders from residing within 5 hundred feet of a park. This Amendment simply clarifies that that restriction applies to all parks, not just those providing services 09400060.doc 73  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 directed exclusively toward minors. I know of no opposition to either of these Amendments.”

“Seeing no questions, the question is, ‘Shall the House concur in Senate Amendments 2 and 3 to House Bill 4030?’ 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? The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House does concur in Senate Amendments 2 and 3 to House Bill 4030. And this Bill, having received the Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, we’re gonna go to the Order of Senate Bills-Third Readings on… that’s top of page 5. We’ll start with Representative Colvin on Senate Bill 49. Out of the record. You know, the deadline is very close. We have Senate Bill 254. Representative Yarbrough. Out of the record. We have Senate Bill 1738. Representative Osmond. Out of the record. We’ll keep trying. We have Senate Bill 1943. Representative Pihos. Out of the record. And Representative Phelps? Out of the record. Do we want to work today? We’re going to go to the Order of Senate Bills-Second Reading. On page 6 of the Calendar, we have Senate Bill 92. Representative Joyce. Out of the record. We have Representative Graham on Senate Bill 193. Out of the record. We have Senate Bill 251. Representative Black. Representative Black on Senate Bill 251. Read the Bill, Mr. Clerk.” 09400060.doc 74  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“The Gentleman from Vermilion, Representative Black. I should say, it’s on Second, move the Bill to Third.”

“Read the Bill again, Mr. Clerk.”

“Mr. Black, I’m not surprised that you’re ready to work today. Let’s go on 251.”

“This is final action. Seeing no questions, the question is, ‘Shall the House pass Senate Bill 251?’ 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 111 voting ‘aye’, 2 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Second Readings, we have Senate Bill 385. Representative Lyons. Read the Bill, Mr. Clerk. Out of the record. On page 9 of the Calendar, Representative Leitch, we have House Bill… Senate Bill 945. Read the Bill, Mr. Clerk.”

Speaker Turner: “Third Reading. Read the Bill again, Mr. Clerk.”

Speaker Turner: “The Gentleman from Peoria, Representative Leitch.” 09400060.doc 76  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 945?’ 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? Kosel. The Clerk shall take the record. On this question, there are 65 voting ‘aye’, 47 voting ‘no’, 1 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Second Readings, we have Senate Bill 926. Representative Saviano. Read the Bill, Mr. Clerk.”

“Third… Read the Bill, Mr. Clerk.”

“Senate Bill 926, a Bill for an Act concerning regulation. Third Reading of this Senate Bill.”

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

Speaker Turner: “Seeing no que… the Gentleman from Knox, Representative Moffitt, for what reason…”

“He indicates he will."

“The Gentleman from Cook, Representative Bla… or, I should say, the Gentleman from Vermilion… he’s been talking about Cook all day. Representative Black.”

“He indicates he will."

“Seeing no further questions, the question is, ‘Shall the House pass Senate Bill 926?’ 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 95 voting ‘aye’, 18 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Saviano, we have Senate Bill 1267. Read the Bill, Mr. Clerk.”

“Third Reading. Read the Bill, Mr. Clerk.” 09400060.doc 80  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

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

“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1267?’ 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 Black. Daniels. Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 1333. It’s on Second Reading.”

“Hold the Bill. Move it to Third. Mr. Clerk, Committee Reports.”

Speaker Turner: “On the Order of Second Readings, Representative Currie, we have Senate Bill 157. Read the Bill, Mr. Clerk.”

“Thank you, Speaker. This Amendment has technical changes to the Amendment that was adopted yesterday in the Human Services Committee. Clarifies some reporting under the employer reporting part of the Act in response to some suggestions from the Department of Public Health with respect to the adverse reaction reports from hospitals. I’d be happy to answer your questions and I’d appreciate your support for the Amendment.”

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

“She indicates she will." 09400060.doc 82  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“As I say, the Amendment makes some changes in the reports about employers. This was at the recommendation of the Illinois Retail Merchants Association. It then goes on to make some changes in the section having to do with reporting adverse outcomes in hospitals. So, for example, it clarifies that if somebody is in the hospital and terminally ill but the medication regime actually hastened the death, that that would become subject to the adverse report. And the Amendment further underscores the collaborative nature of the evaluation, the reviews of reports on adverse outcomes in hospitals.”

“Well, first of all, Representative, I think all three parts of these… of this Bill are very important. And second, of course, the two that you refer to are now identically worded to those items that you objected to earlier. I would remind you, Representative, that the Illinois Hospital Association stands in strong support of this measure as does the Illinois Department of Public Aid and the Department of Public Health. I would further remind you that without adoption of this Bill we will find 09400060.doc 83  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 yet one more gaping whole in the budget for Fiscal Year 2006.”

“The Gentleman from Vermilion, Representative Black.”

“Your request is honored.” 09400060.doc 84  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“Representative. Representative Currie.”

“Speaker, I think that the Representative is speaking to Amendment 1, which is already on the Bill. If he’d like to address that Amendment on Third Reading, that would be dandy. But Amendment 2 is technical and includes some recommendations from the Illinois Retail Merchants Association. You are, of course, welcome to vote ‘no’ either orally or on the electronic record. But I would be surprised if, in fact, you want to. So I just would like him to talk…”

“…to the Amendment that’s before us.”

“To…”

“Yes, Sir?”

“The Lady from Cook, Representative Currie.”

“…you, Speaker. It’s a very short Amendment. I’d… I’d be happy to take it out of the record and give him four and a half.”

“Take the Bill out of the record. On page 8 of the Calendar, we have Senate Bill 501. Representative Rita. Read the Bill, Mr. Clerk.”

“The Gentleman from Cook, Representative Rita, before the dance, on Amendment #2.” 09400060.doc 87  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“How’s… how’s that? Did I get it? I’d like to withdraw Amendment #2 because Amendment #3… which will become the Bill then.”

“The Gentleman asks leave to withdraw Amendment #2. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #2 is withdrawn. Further Amendments?”

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

“Thank you, Mr. Speaker. Amendment #3 addressed some concerns that come up in committee and it’s technical, taking out the language of other outstanding debt owed to the city and also taking out that a representative from a relocator must be visible from his shoulders up. And this was brought up in committee and we said we’d address it.”

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

“He indicates he will."

“Yes. Yes.”

“Yes. It… it… when we did it in committee that’s what it was. And it’s… it’s a…” 09400060.doc 88  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“They’re gonna set up a program that… what it first does is gives a second notice to these cars that have been towed and changes the dates from 15 to 18 and then with it… with the disposi… when they sold these vehicles or demolished them or whatever, the proceeds would be entitled back to the people.”

“Yes. And what… what has happened was this Bill started before the… they did the big investigation of all this towing stuff. And it really doesn’t hit the heart of the problem but I’m intended to come back with something that 09400060.doc 89  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 has… that addresses more that… than what has come out in an investigation of the illegal tows and everything. This is… was a start of something else that needs to be addressed with it.”

“And I’m gonna come out and help ya.”

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

“Just ask that Amendment #3 be adopted.”

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

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

“Representative Rita.”

“As we just stated in the Amendment, this Amendment became the Bill. It sets up a program for the City of Chicago. It mandates them to set up a program, give second notices to cars that have been relocated. And I’d ask for a favorable vote.”

Speaker Turner: “This is final action on this Bill. The question is, ‘Shall the House pass Senate Bill 501?’ All 09400060.doc 90  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 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 111 voting ‘aye’, 2 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 10 of the Calendar, we have 1693. Representative Granberg. Senate Bill 1693. Representative Granberg. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Gentleman from Macoupin… Montgomery, Representative Hannig, on Amendment #1.”

“Yes, thank you, Mr. Speaker and Members of the Assembly. I was working with Representative Granberg on the Bill and I guess I filed it under my name. But the Bill basically is something that we worked out with most of the organizations that represent county government along with the Fraternal Order of Police. It would double the employee contribution from a half a percent to one percent and it provides the local governments with the option of… of levying beyond the caps. So, that’s what the Amendment does. I’d be happy to answer any questions.”

Speaker Turner: “The Gentleman from McHenry, Representative Tyron… Tryon.”

“He indicates he will.”

“Representative, it would depend on each county. I mean, some counties aren’t capped and so they would levy this amount if they wish, and other counties may wish not to levy it, perhaps they can absorb it. So, in each county it’s gonna be different. It’s also gonna be based upon how many people they have on their payroll in law enforcement.”

“They have the option of levying for it or they have the option of absorbing it.”

“Representative, there… there was. Let me just say that I think the Amendment makes the Bill better. So, maybe you’ll wanna reserve some of your… your comments for Third Reading.”

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

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

“He indicates he will.”

“It will allow an exemption if that’s what the county board chooses to do.”

“And… and I… it’s my understanding that DuPage County is neutral on… on the Amendment and on the Bill with the Amendment.”

“To the Amendment.”

“The Gentleman from Montgomery, Representative Hannig, to close.”

“Ye… yes, thank you, Mr. Speaker and Members of the House. As the Bill came over from the Senate, it provided for these benefits which are still in the Bill and basically had a… had a contribution from the local 09400060.doc 94  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 Fraternal Order of Police at a half a percent. Now, after some negotiations, the police decided and agreed that they would increase what it was that they would contribute towards the cost of this enhancement. And at the request of a number of counties around the State of Illinois, we’ve given our local governments the option, the option if they choose, to levy for this on their property taxes. So, no one will be forced to do it. If a county board in DuPage County wishes not to, God bless ‘em, they are not required to do it through this Amendment. So, this is… this is the product of negotiations to make this a better Bill. And I’d ask for the adoption of the Amendment.”

“Seeing no further questions, the question is, ‘Shall the House adopt… He has his light on? But this Gentleman just closed. Representative Schmitz, the Gentleman from Kane.”

“The Gentleman asks for a Roll Call vote. And we will grant the Roll Call vote. So, the question is, ‘Shall the House adopt Floor Amendment #1 to Senate Bill 1693?’ 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 46 ‘ayes’, 65 ‘noes’, 1 ‘present’. And the Amendment fails. Further Amendments?” 09400060.doc 95  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

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

“Take the Bill out of the record, Mr. Speaker.”

“Mr. Clerk, remove the Bill out of the record. On the Order of Second Readings, on page 6 of the Calendar, we have Senate Bill 157. Representative Currie. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Currie.”

“Thank you, Speaker and Members of the House. I renew my Motion to adopt Amendment 2 to Senate Bill 157. I think it’s been thoroughly discussed on this House Floor. And I suspect everybody now knows exactly what the Amendment does. Technical and responsive…” Speaker Lyons, J.: “The Gentleman from Vermilion, Representative Black, for what reason do you rise?”

“Seeing no ques… no further questions, the question is, ‘Shall the House adopt Floor Amendment #2 to Senate Bill 157?’ 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. Read the Bill, Mr. Clerk.”

“The Lady from Cook, Representative Currie.”

“Thank you, Speaker and Members of the House. This is the measure that provides a new hospital assessment for Fiscal Year 2006. As you remember, the assessment we’ve been operating under, we were told by the Federal Government, was not sufficiently redistributive to meet federal standards. The Illinois Hospital Association, the Illinois Department of Public Aid worked very hard over the last several months to try to craft a measure that we hope will meet federal standards. I believe that the provisions in Senate Bill 157 do just that and I appreciate the help and hard work that both the Hospital Association and the Department put into this task. The… this measure does two additional things. First, in order to find out how we can help people get access to health care insurance, it’s going 09400060.doc 97  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 to require hospitals to collect data about employers, about employment status, and about access to health care among the clients they serve. Second, following a Minnesota model, we are creating a… a program so that hospitals may report adverse outcomes. This language is collaborative and we hope that the language will help us identify systemic problems and use them… use the analysis of those problems to do a better job of preventing serious drug and other problems in a hospital setting. As I say, this measure has the strong support of the Illinois Hospital Association, of the Illinois Department of Public Aid. The budget for the coming fiscal year depends on replacing the revenues that will be lost by the present assessment. I encourage your ‘aye’ votes.”

“The Lady from DuPage, Representative Bellock, for what reason do you rise?”

“She indicates she will.”

“I have not heard from the Illinois Chamber. Amendment 2 just adopted, did respond to some of the concerns that IRMA raised. I don’t think that means they’re for the Bill but we did go out of our way to try to respond to the issues they raised.”

“Yes, but I would point out that the language in this Bill is different from the Bills that Representative Black referenced in an earlier speech on Amendment 2. The language is not identical by any means.”

“No, no, no, no.”

“Representative, look at the language, they ‘may’. They ‘may’ report.”

“And… and let me just remind you that in any hospital I’ve ever encountered, they ask not only your name and your address and your Social Security number, they also ask you the name of your employer.”

“That is correct. And again, the Amendment we just adopted, Amendment 2, at the suggestion of the Retail 09400060.doc 99  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 Merchants, provides a context for that reporting. The hope here is that we can find out where there are holes in the health insurance safety net. Perhaps we can find some incentives that will help employers provide health care to their employees. It would be useful to know whether the problem is greater in the retail community than the manufacturing, whether the issue is part-time help or whether it’s full-time. There are many things we can learn from this data that I think would help us, as policy makers, discover if there are ways we can help see to it that our citizens have access to health care. That’s the purpose of that language and the help… the Hospital Association is backing it a hundred percent.”

“Well, less so…”

“…than they were yesterday, by a good deal. Have you heard from them this morning? My understanding is they were not contacting Members to say one word about the Bill.”

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

“To the Bill.”

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

“Thank you, Speaker and Members of the House. This measure is critical if we’re going to have a responsible budget for the coming fiscal year. Help our hospitals. Help our poor. Vote ‘yes’ on Senate Bill 157.”

“This is final action. The question is, 'Shall Senate Bill 157 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 105 voting 'aye', 8 voting 'no', 0 ‘presents’. And this Bill, having received a 09400060.doc 102  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 Constitutional Majority, is hereby declared passed. Representative Reitz, on Senate Bill 1814? It’s on page 10 of the Calendar, Senate Bills-Second Reading. Read the Bill, Mr. Clerk.”

“Out of the record. On the Order of Second Readings, page 7 of the Calendar, Representative Lang, we have Senate Bill 198. Read the Bill, Mr. Clerk.”

“The Gentleman from Cook, Representative Lang.”

“Thank you, Mr. Speak… thank you, Mr. Speaker. I would like to withdraw all Amendments and move the Bill to Third Reading.”

“The Gentleman asks leave to withdraw Amendment #1 to Senate Bill 198. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #1 is withdrawn. Further Amendments?”

“The Bill shall remain on Second Reading. The Gentleman from Cook, Representative Parke, for what… On page 4 of the Calendar, we have… on the Order of House Bills-Third Reading, is Representative Cultra on House Bill 3092. 3092, Representative Cultra. Read the Bill, Mr. Clerk.”

Speaker Turner: “The Lady from Iroquois, Representative Cultra.”

“Seeing no questions, the question is, 'Shall the House pass House Bill 3092?' All those in favor should 09400060.doc 104  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 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? Bailey. Colvin. Have all voted who wish? The Clerk shall take the record. On this question, there are 87 voting 'aye', 24 voting 'no', 1 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On the Order of Third Readings, Representative Sacia, would you be interested in calling House Bill 3814? Read the Bill, Mr. Clerk.”

“The Gentleman from Winnebago, Representative Sacia.”

“Seeing no questions, the question is, 'Shall House Bill 3814 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 100 voting 'aye', 12 voting 'no', 0 ‘presents’. And this Bill, having received the 09400060.doc 106  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 Constitutional Majority, is hereby declared passed. On page 14 of the Cal… The Gentleman from Effing… the Gentleman from Vermilion, Representative Black. You’re all over the state.”

“State your inquiry.”

“Representative, your point is well-taken. As you said and spoke earlier, tomorrow, Sunday, we will be here at 2:00. And it looks like on Monday we will probably be starting at 10 or 11:00, Monday morning.”

“Tuesday will probably be the same time. We will start early Tuesday morning.”

“But we could be done.”

“You can, Representative, you got a little time this afternoon. You’ve got between now and 2:00 tomorrow.”

“I think there’s a few stores still be open. We’re gonna move to the Order of Nonconcurrences. We’re gonna do a few of those. The first Bill we’ll do is House Bill 1316. Representative McCarthy.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I, in the spirit of my friend from Vermilion, would like to apologize for last night’s presentation. The obvious Motion on House Bill 1316 was to nonconcur and I mistakenly said to concur. So, at this point, I’d like to nonconcur with Senate Amendment #1 to House Bill 1316. And please accept my apology.” Speaker Lyons, J.: “The Gentleman asks that we nonconcur with Senate Amendment #1 to House Bill 1316. All those in favor should say ‘aye’; all those opposed ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And the House does nonconcur with Amendment #1 to House Bill 1316.”

“Representat… Representative Hannig is in the Chair. On page 4 of the Calendar, under the Order of House Bills-Third Reading, is House Bill 3871. Mr. Clerk, would you read the Bill?”

Speaker Hannig: “The Gentleman from Cook, Representative Turner.” 09400060.doc 108  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 3871 is a Bill that was brought to me on behalf of the City of Chicago. And what it does is it clarifies their role in some emergency services dealing with IEMA and things that they may have to do. It allows local health departments to submit some requirements so they may perform some certain duties in… in the event of an emergency. This is an agreed Bill. There are no opponents. And it’s just to clarify languages in terms of how we will deal with emergency disasters here in this state. And I move for the adoption of House Bill 3871.”

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

“He indicates he’ll yield.”

“It’s statewide, Representative. I did misspeak on that. It covers all the local governments in regards to dealing with disaster relief throughout here in the state.”

Speaker Hannig: “Is there any further discussion? Then Representative Turner’s recognized to close.”

“Thank you, Mr. Speaker. And the Bill… I just ask for a favorable Roll Call on the Bill.”

“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. 09400060.doc 109  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Will Davis, do you wish be recorded? Representative Delgado, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 5 of the Calendar, under the Order of Senate Bills-Second Reading, is Senate Bill 13. Mr. Clerk, read the Bill.”

“Third Reading. Mr… Mr. Clerk, read the Bill.”

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

“Thank you, Mr. Speaker. This Bill was brought to us on behalf of the President of the Senate, Senator Jones. And it deals with the Prompt Payment Act regarding subcontractors and their relationship with con… major contractors in terms of filling their requirement for payments to those subcontractors. The Bill sets up a procedure whereby a subcontractor can file his complaint with the department. And it spells out how the department will, in fact, handle it. There will be a… like an administrative judge who would then sit in to here those 09400060.doc 110  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 distributes. And it lays out what the penalty will be if, in fact, a major contractor does not pay a subcontractor. And I move for the adoption of Senate Bill 13.”

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

“He indicates he’ll yield.”

“That’s correct, Representative. It was the feeling of the Senate Sponsor of this legislation that if the penalty was punitive enough, it was… hopefully, it would discourage a subcontractor from not paying. We did discuss the possibility of lowering the interest rate, but the realty is if that… that person does not pay the subcontractor in a timely fashion, whether the interest is 2 percent, 4 percent or 10 percent, he’s not going to pay. But there was a feeling of the… of the Senate Sponsor that, in fact, this was a… an interest rate that he wanted to have on the Bill.”

“No, it’s prompt payment from the contractor to the subcontractor. In many cases, little… a lot of the little guys have gone out of business because the prime contractor refuses to pay in a timely fashion or to resolve any 09400060.doc 111  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 disputes. And so, this is an attempt to try to make certain that the prime contractor does what he should be doing in terms of paying out the subcontractor for work performed.”

“It doesn’t cost the state $240 thousand. That penalty is on the… the… the prime contractor.”

“This would be…”

“This would…”

“This would be adjudicated by a third party and that person would make the determination as to whether there was some problem with the subcontractor… with the contractor not paying or whether it was a problem with the state not paying the contractor. So, the third-party person, the adjudicating judge in this case, would determine whether the contractor was withholding because of his negligence or if there was something else included or there was another reason, i.e. the state or another party that has not paid, in particular, a… a bran… a unit of government, then the… the adjudicator, in this case, would make the determination as to if there, in fact, should be a penalty imposed.” 09400060.doc 112  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“The Gentleman from Cook, Representative Will Davis.” Davis, W.: “Thank you, Mr. Speaker. Will the Sponsor yield?”

“He indicates he’ll yield.” Davis, W.: “Representative, does this apply to road contracts as well?”

“Yes, it does.” Davis, W.: “Well, and then to the… to the Bill.”

“To the Bill.” Davis, W.: “The previous Representative talked about how difficult it was and that we may be encouraging contractors not to do business with the state. But when we’ve got larger contractors who are hanging on to money and 09400060.doc 113  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 preventing smaller entities from making their payroll and paying their bills, that also makes it difficult for small contractors who wanna work here in the State of Illinois. So, this is the type of legislation that unfortunately we need because business don’t want to act right and they’re acting in a manner that… that does not benefit small contractors. So, I appreciate what the previous Gentleman said, but we also have to look at how we can help smaller contractors here in the State of Illinois. And hopefully, this legislation will work to address that particular problem. So, I rise in very strong support of this Bill and ask for all Members to support it, as well. Thank you.”

“So, we’re gonna move this to the Order of Standard Debate. And on that question, Representative Kosel is recognized.”

“He indicates he’ll yield.”

“Could you… could you repeat the question? I didn’t… it wasn’t clear.”

“Well, a subcontractor, Representative, is a person who…” 09400060.doc 114  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“No, I don’t think it applies to subcontractor who has a subcontractor.”

“Yes, it does… it… the same with the supplier.”

“Right.”

“Right. It does.”

“Ab… both.”

“Representative Molaro.”

“Thank you. I don’t know if it’s too late in the day to start reading Bills but this seems pretty straightforward to me. I mean, I… I don’t know what the problem is. You have a major contractor…”

“Excuse me, Representative.”

“…that’s…”

“You’re up, I’m…”

“Thank you. He has to get paid by the State of Illinois. If he doesn’t get paid, well, of course, the subcontractor doesn’t get paid. That’s simple. All we’re 09400060.doc 115  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 saying is that if the contractor gets paid, okay, it might take him a week or two to pass it on. After he gets paid, he’s gotta pay the subcontractor within 15 days. That just makes a world of sense. That seems common sense to me. And if the con… subcontractor doesn’t get paid, they go to these abduct… adjudicators, say, ‘Where’s the payment?’ This is a simple, straightforward Bill and there should be all ‘yes’ votes. May I also point out that it was sponsored by the President of the Senate, who happens to be talking to our Speaker right now. And he’ll probably look up on the board after we vote. So, thank you.”

Speaker Hannig: “Representative Stephens, in response? Representative Stephens.”

“Representative Turner to close.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I do understand what some of the previous speakers have spoke but this issue deals with the relationship of sub… contractors not paying subcontractors. And in many cases, a lot of little guys have gone out of business waiting for the con… major contractor to pay. In the case for the state doesn’t do it in a timely fashion, we’re still allowing some safeguards here where we can deal with those particular cases. But we’re just talking about blatant outright cases where this contractor… major contractor refuses to pay the subcontractors. And I move for the passage of Senate Bill 13.”

“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. 09400060.doc 117  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005 Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 72 voting 'yes' and 40 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 12 of the Calendar, under the Order of Concurrences, Representative Feigenholtz has House Bill 114. The Lady… the Lady’s recognized for a Motion.”

“Thank you, Mr. Speaker. I’d like to Motion to Nonconcur with Senate Amendment #1.”

Speaker Hannig: “The Lady moves to nonconcur in Senate Amendment #1. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Motion is adopted. And the House nonconcurs in Senate Amendment #1. The Lady from Cook, the Majority Leader Representative Currie, is recognized for a Motion.”

“Thank you, Speaker and Members of the House. I move that we suspend the posting requirements so that House Bill 1009 can be heard in Personnel & Pensions, Senate Bill 21 also in Personnel & Pensions, Senate Bill 357 to Executive, Senate Bill 930 in Registration & Regulation, Senate Bill 1209 in Executive, Senate Bill 2030 in Executive, Senate Bill 2072 in Registration & Regulation, and Senate Joint Resolution 3 in Judiciary I.”

“You heard the Lady’s Motion. Is there any discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Motion is adopted. Mr. Clerk, Committee Reports.” 09400060.doc 118  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005

“Mr. Clerk, read the committees that will meet after Session and the schedule for the rest of today.”

“Mr. Clerk, read the Agreed Resolutions.”

“Representative Currie moves for the adoptin of the Agreed Resolutions. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Reso… and the Motion is adopted. Any announcements? Representative Granberg.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I just wanted to remind Members that we are having a going away reception for the Director of the EPA, Renee Cipriano, tonight at 5:30 at the Pasfield House. And you are all cordially invited to attend.”

“Are there any further announcements? Then Representative Currie would move that, allowing perfunctory time for the Clerk, that the House stand adjourned until Sunday, May 29, at the hour of 2 p.m. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the House stands adjourned.” 09400060.doc 120  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 60th Legislative Day 5/28/2005