Illinois House Floor Debate — October 26, 2005

“The House shall come to order. The Members shall be in their chairs. We ask the Members and our guests to turn off the laptop computers, cell phones, and pagers. We shall be led in prayer today by Lee Crawford, the Pastor of the Cathedral of Praise Christian Center in Springfield. Would our guests in the gallery please rise and join us for the invocation and the Pledge of Allegiance.”

“We shall be led in the Pledge of Allegiance by Representative Hoffman.” Hoffman – et al: “I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

“Roll Call for Attendance. Representative Currie.” 09400068.doc 1  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

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

“Mr. Bost.”

“The Clerk shall take the record. There being 117 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk. All right. Ladies and Gentlemen, if we could have your attention. We have a special guest today. And if the Members would please take their chairs and if the staff would retire to the rear of the chamber. I’m very pleased to have with us the Counsul General of Japan assigned to the City of Chicago and to the Midwest. The Counsul General plans to offer remarks relating to the relationship between the State of Illinois Midwest Region of America and his country of Japan. So, I’m very pleased to present to you the Counsul General of Japan, Yutaka Yoshizawa.”

“So, the… the Counsul General will be here at the… at the well for a short time for those of you who may wish to… to greet him and to enjoy a conversation. So, thank you very, very much. Mr. Clerk, do you have a Resolution?”

“Mr. McCarthy.”

“Thank you, Mr. Speaker. Could we please have some order in the chamber? Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The title of the Resolution, I guess, was so long that they were not able to list the cosponsors so I do wanna thank Speaker Madigan and 09400068.doc 5  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 Representative Bellock, Representative Brosnahan, and Representative Joyce who also agreed to be a cosponsor of this Resolution. Mr. Guerin is up in the Speaker’s gallery and if he could please stand up and be recognized, I appreciate that. Thank you. And as the Resolution stated Rick was selected from a group of over 71 hundred principals and over… only 12 principals in the entire country were picked as the National Distinguished Principal. So, it’s a great honor for… for Rick, but I also think it’s a great honor for our state as well. And one of the remarkable things is when the school got involved in nominating Rick for this high honor, they asked some parents to… to write some of their feelings about the effect Mr. Guerin had had on their children in… at St. Bede’s… Order, please. I know it’s tough, we haven’t been here for awhile, but it would be nice to have a little order. But when you led the… when you read the reports that some parents volunteered to put in, it was ironic that parents who hadn’t a child in the school for over 20 years and parents who were current parents of students in the school wrote about Rick’s love for the students, how he made it his business to know every single person in the building. And with over 1 thousand students in the St. Bede school at one time, it’s not quite that high today, that’s really a remarkable achievement. And I know personally when I visited Rick over at St. Bede’s how the children of that school feel so comfortable going and reading with Mr. Guerin or talking to him about any problem they may have in school or just in general life. So, Rick’s a very credit to our state, a credit to St. Bede’s. And 09400068.doc 6  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 Rick, we congratulate you on this great honor of being named the National Distinguished Principal by the National Education Association. Congratulations.”

“Representative Hannig’s in the Chair. And on this question, Representative Bill Mitchell. No. Okay. Rep… is anyone seeking recognition on the Resolution? Then… Okay. Representative Bellock.”

“Any further discussion? Then all in favor of the Resolution say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Representative Mitchell, for what reason do you rise now?” Mitchell, B.: “Thank you, Mr. Speaker. I rise on a point of personal privilege.”

“State your point.” Mitchell, B.: “I would like to… and over on the Democratic side of the aisle if they’d rise, the fourth grade class of Rankin Elementary School in Pekin, Illinois. If the House would give them a big welcome. Thank you. Wel… welcome to Springfield.”

“Mr. Clerk, would you read the Rules Report?”

Speaker Hannig: “The Gentleman from Peoria, Representative Schock, for what reason do you rise?”

“The Lady from Kankakee, Representative Dugan, for what reason so you rise?”

“Point of personal privilege, Speaker.”

“State your point.”

“Yes, I would just like to have everyone here… my seatmate who sits next to me, of course had turned, I’m not sure how old he is, but last Saturday Representative Bob Flider’s birthday. And there is cake down in front. So, we would like to invite everyone to wish Bob a happy birthday and certainly to enjoy the cake. Thank you.”

“Mr. Clerk, I’m advised that Representative Rose has a Resolution. Would you put that on the board? And the… 09400068.doc 8  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 the Chair recognizes the Gentleman from Champaign, Representative Rose.”

“Mr. Clerk, would you read the Resolution, please?”

“Representative Rose.”

“Representative Cultra.”

Speaker Hannig: “The Lady from Champaign, Representative Jakobsson.” 09400068.doc 11  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“Thank you, Mr. Speaker. It’s my pleasure and honor to introduce to you and recognize Donald McCall from Champaign, Illinois.”

“And on the Resolution, the Gentleman from Bond, Representative Stephens.”

“Representative Rose had asked that all Members be added. And there are no objections. So, Mr. Clerk, that will be done. Now, Mr. Rose adds… Mr. Rose moves that the House adopt House Resolution 673. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is 09400068.doc 12  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 adopted. On page 2 of the Calendar, under the… under the Order of House Bills-Second Reading, is House Bill 230. Mr. Clerk, would you read the Bill.”

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

“The Gentleman from Cook, Representative Giles.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 230 is an agreed piece of legislation in which the Chicago Teachers Union, Chicago Teachers Retirement System and Chicago Public School System have all came to an agreement. What this legislation does, it allows the Chicago teachers to become Medicaid eligible if they were continuously employed prior to March 31, 1986 and remain employed by CPS schools prior to 1986. Prior to 1986, the teachers in the City of Chicago were not eligible for Medicaid. After 1986, when teachers became Medicaid eligible, the teachers who were… are… were employed before the change, they were not affected. This Bill will make all Chicago teachers eligible for Medicaid… government for these benefits. This Bill will make all of the Chicago teachers eligible for Medicaid assuming that they meet the requirements… meet enough quarters which is the federal guidelines. Once again, this is agreed piece of legislation. I believe in 19… in the 93rd General Assembly 09400068.doc 13  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 we allowed… we passed legislation for the Teachers Retirement System to have this same benefit, Medicare… to be Medicare (sic-Medicaid) eligible. And so, we’re simply asking for the same privileges for the Chicago teachers, Chicago Public Schools.”

“Representative Giles moves for the passage of House Bill 230. And on that question, the Gentleman from Vermilion, Representative Black.”

“Indicates he’ll yield.”

“That is… that is correct, Representative…”

“…it does not change it.”

“Representative, that is correct. They do have a handle on that cost and they’re able to absorb that cost. Of 09400068.doc 14  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 course, the… the payments that would be made on behalf of the employees, that will equal approximately $7 million per year. Also, what this would provide a significant savings in… savings to the teachers… Chicago Teacher Retirement Fund because the significant reduction in the cost would provide for retired health insurance. So…”

“…there will be a savings from this legislation.”

“Seven… seven million.”

“Not…”

“…that’s correct.”

Speaker Hannig: “Is there any further discussion? Then Representative Giles is recognized to close.”

“Thank you, Mr. Speaker. I simply ask for… this Bill is a long time due and I ask for the passage of this legislation.”

“This Bill requires 71 votes. So, the question is, ‘Shall House Bill 230 pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin and Cultra, would you like to be recorded? Mr… Mr. Clerk, take the record. On this 09400068.doc 15  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 question, there are 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Three-fifths Constitutional Majority, is hereby declared passed. On page 3 of the Calendar, under the Order of Senate Bills-Second Reading, is Senate Bill 204. Representative Will Davis. Mr. Clerk, read the Bill.”

“Third Reading. Representative Davis, you want us to read the Bill? Mr. Clerk, read the Bill.”

“The Gentleman from Cook, Representative Will Davis. Representative Davis. Representative Davis. So, the… the Clerk has read the Bill on Second and Third. Are you prepared to present the Bill? No. Okay. Out of the record at the request of the Sponsor. Representative Bradley, John Bradley, on… on 273. Mr. Clerk, read the Bill.”

“Representative Bradley… on the Amendment.” Bradley, J.: “Yeah, this is simply a technical Amendment having the effective date of what it was intended in committee yesterday. It simply changes the effective date. It was 09400068.doc 16  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 agreed to by everyone and it’s been supported by all the groups involved.”

“Is there any discussion? Then all in favor of the… excuse me, the Gentleman from Vermilion, Representative Black on the Amendment.”

“Indicates he’ll yield.”

“Representative Black, are you finished on the Amendment?”

“The… the Chair would ask that we try to just debate the Amendment on Second and then we’ll go to Third Reading. So, Representative Parke, do you have questions on the Amendment?”

“Okay. Representative Parke.”

“Indicates he’ll yield.”

Speaker Hannig: “Okay. Could you re… could we give the Gentleman some attention, please.” Bradley, J.: “All… all the Amendment that we’re asking to be adopted today does is change the effective date from January 1 to January 15. The Amendment that was adopted in committee yesterday was the actual meat of the Bill. It just had a typo in it, it had the wrong effective date.”

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

“Third Reading. Representative Bradley, do you wish us to read this on Third? Do you want us to read it on Third Reading? Mr. Clerk, read the Bill.”

“The Gentleman from Williamson, Representative Bradley. So, Representative Bradley, the Bill had been read a second time, previously.” Bradley, J.: “Okay.”

“And so, we can read it on Third Reading today.” Bradley, J.: “Okay, we’re ready.”

“So proceed.” Bradley, J.: “This is the Methamphetamine Precursor Control Act. This is a further attempt by the State of Illinois in a bipartisan effort to deal with the problem of methamphetamine within the State of Illinois. It’s an initiative of the Attorney General’s Office. And basically, what is does is, as we explained before in limiting the amount of pseudoephedrine or ephedrine that can be purchased at one time to two blisters packs, we’re basically taking the flour out of the cake. Well, now through this piece of legislation, we’re locking the flour in the cabinet. We’re making pseudoephedrine and ephedrine a Schedule IV narcotic and we’re putting further restrictions on this. And as Representative Black and I discussed in the Amendment discussion earlier, we don’t take this lightly. It’s a restriction upon the rights of legitimate people who need pseudoephedrine or ephedrine to treat the common cold. But it’s something which is absolutely necessary in order to rid our communities of methamphetamine abuse. We led the way a couple of years ago in terms of the Midwest in restricting the ability to buy pseudoephedrine. But the other states have caught up with us and now surpassed us. And I want to thank Representative Eddy and other Members of the Illinois 09400068.doc 21  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 Legislature and the Attorney General’s Office for putting together this important piece of legislation to further limit the ability of people to make meth. I’d ask for an ‘aye’ vote.”

“The Gentleman moves for the passage of Senate Bill 273. And on that question, the Gentleman from Cook, Representative McKeon.”

“Thank you, Mr. Speaker. I wanna thank the Attorney General, Lisa Madigan, I’ve been working on a task force that she formed earlier this year dealing with crystal meth, which has become a serious problem on the north side of Chicago. We’ve only found two meth labs so far in the Chicago area. Most of them are in more rural areas and central downstate Illinois, which has created serious not only public health problems, but public safety problems as well as from the State of Iowa and State of Indiana. Representative Bradley talked about the issues of addiction to crystal meth, but let me talk very briefly to the Bill regarding some of the extreme hazards in the production of crystal meth in some of these garage, backyard or house meth labs that are sprouting up at an alarming, increasing rate. First of all, you cannot make crystal meth, Representative Black, without pseudoephedrine. It is not possible to manufacture crystal meth without pseudoephedrine. And this Bill proposes to place, I think, reasonable restrictions on the purchase of cold medications, which I take for chronic sinus problems occasionally. But from a public safety standpoint, what we’re finding is that these amateurs that are operating these meth labs throughout the state, 09400068.doc 22  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 particularly as I said in rural areas, not only place their own lives at risk in the production process, but more often than not there are young children including infants present in… inhaling the fumes from these chemicals which are extremely toxic and in many cases highly explosive. It is not uncommon for these meth labs in the process of production to literally explode and incinerate not only the lab, but the people within the labs. The same time some chemicals that are used in the production of crystal meth are so toxic that the buildings or areas, if it’s a high rise or a multi-story building, that floor and everything above it would be declared under Federal Law as a disaster area and a hazardous toxic site. Hazardous to the first responders. But in some cases with one particular ingredient that they must substitute ‘cause it’s cheaper, that building would become a hazardous waste site for anywhere from 10 to 15 years. That would render an apartment building, a house that was still standing or other structure unusable, uninhabitable, of no value to the property owner or the people that previously lived there for a period of 10 to 15 years until these toxics are no longer… substances are no longer hazardous. One of these chemicals if ingest… breathed for a prolonged period of time can cause deaths in a very short period of time. Some of these chemicals breathed by people and particularly small children and so forth look at a lifetime of respiratory problems and respiratory disease for the rest of their life. This is an important Bill. And I commend, again, commend the Sponsor Representative Bradley for his work with the Attorney 09400068.doc 23  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 General. And I commend the Attorney General for her hard work in what minor inconvenience might occur at a local drug store or store in terms of having to sign for the purchase of pseudoephedrine is a small… a small inconvenience relative to the magnitude of this problem and the potential threat to lives. Not just from addiction, but from people who might be anywhere in or around one of these illegal production facilities. Thank you again, Representative Bradley, and I urge an ‘aye’ vote. This Bill should pass unanimously by this chamber and the Senate. I urge your ‘yes’ vote.”

“The Gentleman from Vermilion, Representative Black.”

Speaker Hannig: “You can… you can always ask the Chair a question, yes, Representative.”

“I think you… you could… we could ask the cl… you need to ask that of the Sponsor.”

“The Sponsor will yield.”

“Representative Reitz.” 09400068.doc 28  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“Thank you, Mr. Speaker. To the Bill. I’d like to… one… as Representative Black had mentioned this… we don’t want to become the hole in the donut. This is a plague on Southern Illinois and throughout Illinois. It started out years ago in Missouri and it spread across Southern Illinois and a lot of the rural states. But it’s moving into the city and it’s a… a problem that we need to keep on top of. And I commend Representative Bradley for his leadership on this Bill. And Attorney General Madigan has… has done very well in getting out in front and making sure that we take care of the problems as they exist. This won’t be the last Bill we do on methamphetamine, but I think this is a step in the right direction. I’d appreciate an ‘aye’ vote. Thank you.”

“The Gentleman from Champaign, Representative Rose.”

“The Gentleman from Rock Island, Representative Boland.”

“Thank… thank you, Mr. Speaker. I stand in strong support of this Bill. For those of us who live in border areas, particularly in my district bordering Iowa, we have seen that as Iowa has strengthened its laws and as this legislation is very similar now to the Iowa law. And they have had great success in combating methamphetamine labs and… and the… the use of it has… has dropped in Iowa due to their strong law there. But unfortunately, what it’s done is it’s brought the dealers and others across the river into Illinois. We recently, in my hometown of East Moline, had a very large meth bust. And it… it showed that it is not just in the rural areas. It’s in the cities. But in those 09400068.doc 30  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 border areas, particularly along Iowa where there is strong laws, it is in fact moving the meth problem even quicker across the border into Illinois. And so, this legislation while not the total answer because now we’re seeing that… that dealers from Mexico and so forth that have been in other drug situations are now moving in to fill the gap there. And that education is the real answer. But in the meantime, we have to strengthen our laws to make them every bit as strong as in Iowa and other states to keep this problem from us becoming a mecca for the methamphetamine business and industry and dealers from moving across the river into our area. So, I hope that we all pass this. We know that the Attorney General is gonna enforce it very strongly. And it gives our law enforcement people a real good tool to help crack down on it. Cutting down on the supply is part of the whole problem. Although, we have to cut down on the market which is a much, much deeper problem. But this is a great first step and I commend the Sponsor for it. Thank you.”

“The Gentleman from Crawford, Representative Eddy.”

“Representative Bradley, to close.” Bradley, J.: “Well, let me just follow up what the last speaker said. And I consider Roger Eddy a friend and colleague. And I really appreciate his leadership on this issue and many others. And I appreciate him sitting at the table with us yesterday and his assistance and leadership and vision on that. And Roger, I say that sincerely. I really mean it, appreciate that very much. This is a bipartisan effort. This is something which the Republicans and Democrats in the State of Illinois have come together on in order to make our communities better. And this is a real opportunity for us to do that. And we don’t do this lightly, knowing that we’re restricting the rights of… of innocent people to get pseudoephedrine or ephedrine. But we do this to get the scourge out of our communities. Methamphetamine is poison. 09400068.doc 32  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 And this is an opportunity for us here in the State of Illinois to rid our society of that poison. I’d ask for an ‘aye’ vote.”

“The question is, ‘Shall this Bill pass?’ This requires 71 votes. All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Three- fifths Constitutional Majority, is hereby declared passed. Representative Kosel. Mr. Clerk, would you read Senate Bill 293.”

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

“Representative Kosel.”

“The Lady moves for the passage of Senate Bill 293. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ This requires 60 votes. And all in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 2 of the Calendar, under the Order of House Bills-Second Reading, is House Bill 1920. Mr. Clerk, read the Bill.”

Speaker Hannig: “Representative, do you wish to withdraw Amendment #2? Is that what you’re telling the Chair? Okay. Mr. Clerk, withdraw Amendment #2. Are there any further Amendments?”

“Representative Bradley on the Amendment.” Bradley, J.: “This is the riverboat elimination Bill, House Bill 1920. Rather than going to merits of eliminating riverboat gambling at this time, all that this Amendment does is change the effective date from an immediate effective date to a 2007 effective date. I know that there’s going to be lively and spirited debate on this issue. I would ask for the adoption of this Amendment and then to debate the merits of the Bill on Third Reading.” 09400068.doc 34  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“So, I think the Gentleman’s point is well- taken. If we could limit our debate on the Amendment to the Amendment, then we’ll go to the Bill at the appropriate time. So, on the Amendment, Representative Parke.”

“Indicates he’ll yield.”

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

“Okay. So, the Bill will remain on the Order of Second Reading pending the notes. Excuse me. Representative Bradley, for what reason do you rise?” Bradley, J.: “Move that the notes that have been filed are inapplicable to this Bill.”

“Okay. Representative Bradley would move that the request for a fiscal note, a state mandates note, and a balanced budget note are inapplicable. And on that question, Representative Parke.”

“Okay.”

“The… the… are you asking for the request, Representative?”

“The… the…”

“The Gentleman’s Motion is that the requests for a fiscal note, a state mandates note and a balanced budget note are inapplicable.”

“Okay. Representative, I’m advised that your Motion is in order… or your request for a division is in order. So…”

“Representative…”

“Representative Bradley.” Bradley, J.: “Well, while I… I don’t appreciate the tenor of the remarks in terms of disingenuousness. If in fact there has been a fiscal note filed, and I’m new to this chamber, then 09400068.doc 38  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 I would move to withdraw my request. But there’s no sense getting personal.”

“So, the Gentleman withdraws his request on the Motion. So, the Bill’s now out of the record. On page 3 of the Calendar, under the Order of Senate Bills-Second Reading, is Senate Bill 319. Mr. Clerk, would you read the Bill.”

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

“Representative Gordon.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. This is merely a technical change to the Bill. One word needed to be changed from ‘convicted’ to ‘committed’. This Bill has never received a vote against it. And I would, again, ask for your support. Thank you.”

“The Lady has… moves for the passage of Senate Bill 319. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ And this requires 71 votes. All in favor vote ‘aye’; opposed ‘nay’. Excuse me. Representative Black, for what reason do you rise?”

“She indicates she’ll yield.” 09400068.doc 39  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“Of armed… for armed robbery, a Class X felony, that has… this has nothing to do with armed robbery, Representative. This is the lifetime supervision for sex offenders Bill.”

“I… I agree. I concur, absolutely.”

“It… We adopt… It was a… we adopted it yesterday in Judiciary II Committee, Representative.”

“I’m… I’m sorry, what?”

“Oh. No, forget…”

“Yes, Sir.”

“Yes, Sir.”

“Yes, Sir.”

“Yes.”

“Representative, the word ‘convicted’ was put in the Bill that was signed into law, previously, this summer by the Governor. However, that would make the Bill unconstitutional because the law would then… someone would be convicted now even if they committed their crime previous to the law going into effect. That would be unconstitutional. Therefore, we have to change it to ‘committed’ so that everything moves forward at this point and we’re not creating an unconstitutional sentence on a defendant.”

“Yes. Yes, they… I mean, they would still be subject to the rules for mandatory supervised release prior to what this legislation does. They would be subject to whatever the rules are previously to this legislation going into place, whatever they were last year.”

“Yes. And Rep… and for example, Representative, say someone is arrested and indicted for murder in 2005 that they actually committed in 1985, those rules would apply.”

“Whatever the rules were 20 years ago for what was then known as parole is what would apply to him. Representative, I would love to make them subject to sup… mandatory super… lifetime supervision…”

“…however, it’s unconstitutional and we can’t do it.”

“Absolutely. And I am saving the state money on having to litigate this in the future when some guy says, ‘Hey, this doesn’t apply to me. This is unconstitutional. Start all over again.’”

“Thank you.”

“Well, Representative, there’s lots of honest accusations that can be made, if someone makes that accusation it is absolutely dishonest. And anyone who does, is committing… is… is, as far as I’m concerned, not upholding the requirements of this office and this Constitution. Okay. I will not be one making that accusation. If someone does to you or any of your colleagues on your side of the aisle, I will be the first one to defend them, Representative.”

“Not a problem. Thank you.”

“Representative Gordon to close.”

“Ladies and… Ladies and Gentlemen, this is merely a… a technical change, a clear up provision to a piece of legislation that is going to continuously protect our communities, our families, and our children. And I, again, ask for your ‘yes’ vote. Thank you.”

“The question is, ‘Shall this Bill pass?’ This requires 71 votes. All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have… Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a 09400068.doc 43  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 Three-fifths Constitutional Majority, is hereby declared passed. Mr. Clerk, would you read Senate Bill 331.”

“Third Reading. Mr. Clerk, would you read Senate Bill 1213.”

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

“The Lady from Cook, Representative Lou Jones.”

“Thank you, Mr. Speaker and Members of the House. Senate Bill 1213 allows a Central Station to exchange the property of 23,621 square feet for the guard’s… National Guard’s property of 14,030 square feet. In addition, Central… Central Station will build the Guards a new parking lot, a large… of large size in a capacity to park more vehicles. All parties benefit from this trans… from this transition. The department gets more valuable, bigger and in proper parking for the armory. And as far as I know, there’s no opposition to this Bill, but it’s also supported by the Illinois National Guard, the City of Chicago. And I ask for a favorable vote.” 09400068.doc 44  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“The Lady moves for the passage of Senate Bill 1213. And on that question, the Gentleman from Vermilion, Representative Black.”

“Yes. State your inquiry.”

“And so I’m advised, Representative Black, that… that Rule 41(b) requires appraisals for a land transfer for anyone other than a government agency.”

“If it’s to a private person, yes. As opposed to…”

“I think… You’re correct and I’m advised that an appraisal is on file.”

“Yeah. I think it’s a matter of… it becomes a matter of public record and you can…”

“Repre… Yeah, Representative Jones, why don’t we take this out of the record for a few moments while we have Representative Black examine the appraisals. We’ll come right back to it. Okay? So, we’ll take this…”

“We’ll take this out of the record. On the Order of Senate Bills-Second Reading is Senate Bill 1620. Representative Franks, your Bill’s on the board. And Mr. Clerk, would you read the Bill.”

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

“Representative Franks.”

“Thank you, Mr. Speaker. I stand here with Representative Ryg ‘cause originally this was her Bill. And what we did is we used Senate Bill 1620 as a vehicle to accomplish our goal. And what we’re trying to do is to put in a COLA that was inadvertently excluded from the Bill we passed last year. And the COLA would take effect starting 09400068.doc 46  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 in January of ’06 and it would deal with the developmentally disabled and facilities serving developmentally disabled residents under the age of 22. We’d be happy to answer any questions.”

“The Gentleman moves for the passage of Senate Bill 1620. And on that question, the Gentleman from Jackson, Representative Bost.”

“He indicates he’ll yield.”

“What I’m told is this group is not behind in the payments. And I also…”

“And I’m… and I’m also told that this will also generate a federal match for much of the…”

“I agree.”

“The Gentleman from Vermilion, Representative Black. Representative… Representative Black, are you seeking recognition on this Bill?”

“Indicates he’ll yield.” 09400068.doc 47  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“Well… Yes.”

“Yeah. And what I’m told it’s gonna cost $11.6 million, but we can get a federal match annualized to be 5.8. So, for the next 6-month period starting in January it would cost us $2.9 million.”

“I have faith. Have a little faith.”

“I’m a White Sox fan, too.”

“There is not an escape clause, answering that question.”

“No, there is not…”

“…an escape clause. There is not, but we’re reasonable…”

“Yes.”

“It’s the same type of obligations that we… we took… we currently have. And yes, to answer your question, yes, we would take on more obligation. But the fact is, I think all of us here know how necessary it is and they were inadvertently left out of the last Bill. And I don’t think anyone should get penalized because we didn’t do our job well enough.”

“Representative Franks to close.”

“Thank you, Mr. Speaker. And I appreciate the comments of my colleagues. We can’t balance the budget on the backs of those with the faintest voices and those that need our help. This is something we should’ve done before. I encourage everyone to vote ‘aye’. It’s just the right thing to do. Thank you.”

“And the question is, ‘Shall this Bill pass?’ This requires 71 votes. All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Three-fifths Constitutional Majority, is hereby declared passed. On page 3 of the Calendar is, under the Order of Senate Bills-Second Reading, is Senate Bill 1843. Mr. Clerk, read the Bill.”

Speaker Hannig: “Representative Turner is gonna handle the Amendment, I believe. Is that correct? Or Representative Currie? Okay, Representative Turner.”

“Basically, Amendment #1 exempts for 5 years the Capitol building heating… heating and air conditioning upgrade project that is going to take place here in the Capitol. And what it does is it requires separate bids for specified components of the construction contract exceeding the value of $250 thousand.”

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

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

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

“Thank you, Mr. Speaker. The underlying Amendment which we just adopted becomes the Bill. And I should be corrected about the fact that this provision would require separate bids. What it does is it… it would exempt that and do just the opposite. This is… this legislation and this Amendment was necessary in terms of trying to deal with a heating and air conditioning project that’s going to take place here in the Capitol building. And I move for the adoption of Senate Bill 1843.” 09400068.doc 51  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“The Gentleman moves for the passage of Senate Bill 1843. And on that question, the Gentleman from Menard, Representative Brauer.”

“Indicates he’ll yield.”

“That’s not true. It allows any and everyone the ability to bid for this particular contract.”

“That’s not the intent of the legislation to preclude any other contractors from bidding. I think the… the… the intent here is to try because of the unique needs for this particular contract is to have it done in a certain timetable. Contractors can join together, I mean, it does not preclude anybody from doing it, but we just want to deal with a specific timeframe work in which we want this legislation or want this particular project take place. Now…”

“This… this does not… I’m giving you the facts of the in… that it allows any contractor to bid on. This is the same procedure, the same process, we used for the Illinois Emergency Management Association building that was built here locally. And… and because of the unique nature of the contract we’re just trying to change the timeframe work with which it operates. It does not preclude any other bidders from being able to bid on it.”

“To the Bill.”

“The Gentleman from Vermilion, Representative Black.”

“State your inquiry.”

Speaker Hannig: “I believe we just adopted the Amendment, Representative.”

“Representative, why don’t you ask that of the Sponsor. He indicates he’ll yield.”

“To the Bill.”

“Representative Currie.”

“Thank you, Speaker and Members of the House. I do think there is a lot of misunderstanding, misinformation about this measure. We did, a year and a half ago, we did this… this more efficient, quicker design program for building the Illinois Emergency Management Department building. We needed to do that because of 9/11. We needed to be on a fast track. You should all understand that there 09400068.doc 55  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 were many subcontractors involved in that building, many, as many as you would find under the Procurement Code today. The difference is that those subcontractors are identified and their prices reported when the bid goes in. So, the person who gets the ultimate bid, we know who the subs are, we know what their prices are, but they are responsible to the chief, the prime contractor, which means you can keep to a schedule. Why, why make the exception for this particular building? Because of our schedule. We can’t change the Veto Session to February or to April. We have to follow the Constitution and meet at various times during the year. This project will go forward in four separate stages, but there is not all the time in the world to complete each of those phases and what CDB is telling us is that if we’re gonna continue to meet in this building, they have to be able to assure themselves of a strong time schedule for doing this work. This is not an effort totally to rewrite the Procurement Code. It is an effort, just as we did with the IEMA building, it is an effort to make sure we can get the work done quickly and in a timely fashion. The subs will be there, the same subs that today, apply and bid. So, I think that people’s fears are not well-placed. I think we should support this measure so we can keep to our schedule and get the heating and air conditioning system repaired.”

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

“Representative Turner.”

“All right. Thank you. I appreciate the prior speaker’s comments and yet, in terms of the timetable that we’re faced with in terms of addressing this heating and air conditioning situation here in the Capitol building, I think that it would further delay us moving forward. I think the previous speaker, prior to that, Representative… the Majority Leader, explained our intent here. I think that the precedent has been set that we have done this before in terms of dealing with the Illinois Management Emergency Association building (sic-Illinois Emergency Management Association) and trying to move forward with that. Because 09400068.doc 57  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 of all of the Homeland Security and the things that are very unique to the heating and air conditioning process and companies, we feel that this is the best way to move forward and I ask that we move for the adoption of Senate Bill 1843.”

“Representative Turner.”

“Mr. Speaker, I know and I understand the urgency of trying to pass this legislation now. We’re trying to be on a track where we would have all of this stuff completed within the next year, but because of the previous discussion if we would just take the Bill out of the record and let me continue to clarify the concerns of those who… who appear to have some concern. We’ll work this out.”

“Okay.”

“So, if you will move the Bill out of the record at this time…”

“Okay. So…”

“…we will come back to it.”

“We’ll take this out of the record at the request of the Sponsor. And Representative Lou Jones. Mr. Clerk, would you… we’re going to return to Senate Bill 1213. You’ve read the Bill, previously. I think Representative Jones had spoke on the Bill and it was taken out of the record, as well. Representative Jones, maybe you would briefly remind us of the nature of this Bill.”

“Yes, Mr. Speaker. I just ask for a favorable vote.”

“Why… why don’t you just briefly remind us of just the… the broad parameters of what… what this was about and then… Representative Jones moves for the passage of 09400068.doc 58  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 Senate Bill 1213. And on that question, the Gentleman from Vermilion, Representative Black.”

“Mr. Clerk.”

“Mr. Clerk, has the… have the appraisals been filed?”

“Any further discussion? The Gentleman from Peoria, Representative Leitch.”

“State your point.”

“Representative, I’m not certain that that’s part of House Rules. Maybe you could cite to us where that’s at.” 09400068.doc 60  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“Yeah…”

“Representative, the… there…”

“…there were some changes made regarding closure of state facilities.”

“Representative, the…”

“We’re…”

Speaker Hannig: “The Chair is not aware of any additional requirements needed under our House Rules, Representative. So… so, that’s the ruling of the Chair. If you can bring us some appropriate citings, we’ll be…”

“So… so, Representative, again, the Chair is not aware of any additional requirements that are needed. If you can bring us a citing, we’ll be happy to comply with… with Rules.”

“Did you say 41(b)? Is that correct? Okay. So, it’s my… I’ve been advised that the… that the appropriate items were filed, documents were filed, before it was heard in committee and on Second Reading and that there were no objections and consequently all requirements have now been complied with.”

“I don’t think the Rules require that it be online, Representative. It only requires that there be a… be the process and again, we believe that all the elements have been met.”

“Representative Jones to close.”

“Again, I ask for a favorable vote.”

“The question is, ‘Shall this Bill pass?’ This requires 71 votes. All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr… Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a 09400068.doc 62  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 Three-fifths Constitutional Majority, is hereby declared passed. Let’s return to the top of page 3. We have Senate Bill 204. Mr. Clerk, would you read the Bill.”

“The Gentleman from Cook, Representative Davis.” Davis, W.: “Thank you, Mr. Speaker. Ladies and Gentlemen of the House, this is a simple Bill that will essentially allow an individual who is a community college board member to also be able to seek an elected office of county board member. Just removes the… the restriction and allows them to run for this seat if they so desire. Ask for an ‘aye’ vote.”

“The Gentleman has moved for the passage of Senate Bill 204. And on that question, the Gentleman from Vermilion, Representative Black is recognized.”

“Indicates he’ll yield.”

“Yes.”

“Yes, proceed. Yes, Representative.”

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

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

“Indicates he’ll yield.”

“Representative, I can pick up where the Gentleman from Vermilion left off. And this isn’t… this does… this doesn’t appear to be just a random piece of legislation. So, I guess if I can ask, ya know, what… what specifically did prompt this?” Davis, W.: “I’m sorry?”

“What… what prompted this Bill?” Davis, W.: “The… the Bill was sponsored by a county board… a community college board member that expressed an interest in running for office.”

“A specific individual?” 09400068.doc 66  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 Davis, W.: “A specific individual? Yes, Sir.”

“Who was that?” Davis, W.: “He’s the… he’s a chairman of the College Board of South Suburban College.”

“Okay. Are these paid positions? Is the community… is the community college board a paid position?” Davis, W.: “I don’t believe it is.”

“Do they get a pension, a public pension?” Davis, W.: “I… I don’t know.”

“Well, what I… what I’m looking at, is that we’re working on ethics reforms, we’re working on pension reform, we’re doing… My… my sole concern, objectively, whoever it may be and wherever it may be, is are we setting up in a situation for somebody to then hold two public jobs and two public paychecks, two public pensions, et cetera.” Davis, W.: “Well, again, like I… like I stated earlier. What we are doing is reversing an Attorney General’s opinion that made it some type of an apparent conflict before. We are trying to reverse that. We are trying to reverse that. Someone who is a co… a community college board member is interested in running for County Board office.”

“Okay. Wait a min… I meant… Okay. What the Attorney General has said, in her opinion, was… was it the current… a previous Attorney General opinion or this…” Davis, W.: “I believe it was a previous attorney…”

“All right. So, a previous Attorney General has said, in his opinion, that this was not doable. Has the Attorney General’s Office weighed in on this legislation?” Davis, W.: “No. They gave this…” 09400068.doc 67  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“They go for this…” Davis, W.: “…they gave no position on it currently, no.”

“Okay. Thank you.”

“Representative Dugan.”

“Yes, Speaker. Will the Sponsor yield?” Davis, W.: “Sure.”

“Okay. Yes, I just wanted to check and just because this brings up an issue. In my district I had a County Board members that served on a local park district board and also a local school district board and they were told that they had to step off of one of ‘em. And they actually went to the Supreme Court… the Illinois Supreme Court and they said that they could not hold both positions. Now, the County Board is a paid position but the school board and the park district is not and so I guess I’m just asking if this is kind of the same thing except we’re talkin’ community college boards. Is that what we’re talkin’ about, Repre… I’m just trying to understand it so that I know… Because I just had two very community advocates that have served for many, many years that were told they had get off one of their positions. They were both County Board members and they had to get off because… And so, is this the same exact thing?” Davis, W.: “I understand that you’re talking about a different set of offices, but I believe it is the same… essentially the same issue, …compatibility.”

“So, I… I guess what I’m asking is, is because I had two people in my district that were told they couldn’t, Sir. Is there someway in this legislation if we’re sayin’ it’s okay 09400068.doc 68  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 for a community people to serve their communities in two offices, then… then is it something that we can do to include not only community colleges, but park district boards or school district boards that they’re also elected to?” Davis, W.: “Well, certainly… certainly, Representative, I appreciate what you’re attempting to do and if you’d like to bring forth a Bill, I’d be more than happy to support…”

“Okay.” Davis, W.: “…your Bill, but we’re also trying to… just trying to move this piece of legislation.”

“Okay. And I just wanted to make sure, ‘cause like I said it will be something then that I’ll look at if it’s… if it’s able to be done this way because I… Like I said, I think anybody that wants to serve their community in two different ways, it’s one thing if they’re getting paid on both, but if it’s a nonpaid position, then I think that that’s something for us to say to volunteers, ‘We don’t want you to volunteer in your community’, is not a good thing to say. So, I appreciate you bringing this up and it certainly will help me then address an issue that I think now we can address in my district. Thank you.” Davis, W.: “Thank you.”

“Any further discussion? Then Representative Davis is recognized to close.” Davis, W.: “Ask for an ‘aye’ vote.”

“The question is, ‘Shall this Bill pass?’ This requires 71 votes. So, all in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have 09400068.doc 69  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. Representative Davis, would you like to put this on Postponed Consideration? Okay. So, this will go on the Order of Postponed…” Davis, W.: “Yes.”

“…Consideration at the request of the Sponsor. Gentleman from Peoria, Representative Schock, for what reason do you rise?”

“Okay. On page 8 of the Calendar, under the Order of Resolutions, is House Resolution 654. Representative Gordon, I’m advised you’re going to present this Resolution.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. This Resolution urges Congress and President Bush to not make sweeping changes to the Social Security system that we currently have in our country. When the… when the Social Security system was initially put in place in August of 1935 Franklin Roosevelt said, ‘We can never insure 100 percent of the population against 100 percent of the hazards and vicissitudes of life, but we have tried to frame a law which will give some measure of protection to the average citizen and his family.’ The changes that are proposed may take 09400068.doc 70  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 away that level of protection. I would ask for your ‘aye’ vote to send this Resolution to Washington with full support of this Body.”

Speaker Hannig: “The Lady moves for the adoption of House Resolution 654. And on that question, the Gentleman from Vermilion, Representative Black. Representative Black.”

“Excellent idea, Representative. All in favor of the Motion say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. The Gentleman from Peoria, Representative Leitch, for what reason do you rise?”

“The… the record will reflect your intentions, Representative.”

“On page 5 of the Calendar, under the Order of Total Veto Motions, is House Bill 340. Representative Reis, you’re recognized on a Motion to override. The Gentleman… Okay. Moving on the Order of Total Veto Motions, next would be House Bill 1334, Representative Kosel. A Motion to override. Representative Kosel. Okay. Representative Mautino, are you prepared on the Motion to override on House Bill 1486? Well, go ahead. You’re up then, Representative Mautino.” 09400068.doc 71  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Today I’m asking for the override of the Total Veto of House Bill 1486. This legislation received 87 votes originally as it passed through and I think that’s in… in large part because we voted on the actual Bill itself and on the language and what it would do. So, I commend those of you who voted on this. The cable restraint has been used in Illinois since 1990. It was actually legalized at the request of Illinois State University and the City of Normal when they had a problem with controlling the beaver population around the creeks there and the standard leghold traps, which they were looking at placing to eradicate the problem, would be in danger of running into companion animals or having a lot of human traffic. So, that was one of the things that brought this about and they’ve been utilized in water sets since 1990. The cable restraint, in this Bill, is designed with a release mechanism like on a dog chain. The animal supplies its own force. When they back off and let off, the strain is suspended. The animals can be released unharmed. The cable restraint is one of the most effective tools that’s available actually for coyote management. And I think that’s kind of an important thing that our Members should know. Currently, the Department of Natural Resources is or has commissioned then allows the use of these by the Max McGraw Wildlife Foundation and it’s being used in the suburban areas and the City of Chicago in the studies of coyote population. And most of the… the areas are by Busse Woods, that’s… it’d be the Ned Brown Forest Preserve, Poplar Creek Forest Preserve, the Max 09400068.doc 72  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 McGraw Wildlife Foundation and what they’ve used these for is to capture coyotes and then tag them and satellite track them. The reason that it’s been allowed to use because it’s a live capture and hold restraint. Unlike some of the articles that… that have been disseminated about it. It is… it’s not indiscriminate and what this law hopes to do is put in protections to keep animals from entangling themselves, make sure the locks are releasing so that it would be a humane method of trapping. Additionally, the… all of our surrounding states: Wisconsin, Iowa, Indiana, Missouri and Michigan have utilized these and do allow them properly to be used because of their ability to restrain humanely the… the animals, both target and nontarget animals. In Chicago and the suburban collar counties, currently, we have using these devices trapped and restrained a hundred and eight- four coyotes which are currently being satellite-monitored for… for tracking of rabies and the movements of them throughout these regions. So, I would… I would ask that those of you, take a look at the Bill and what is lined out in the Bill is how to properly use a safe technology as opposed to the snare, that for those of you who were in Boy Scouts, we built to trap rabbits, which was a quick-kill device. These are important factors. And I thank those of you who voted for the Bill originally. You did so because you understood what the device was, how it was to be used, that is authorized by surrounding states and utilized by our own Department of Natural Resources authorization in studies in the Cook County Forest Preserves. It’s utilized because it works. I’d be happy to answer any questions. And I 09400068.doc 73  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 would appreciate your consideration for a ‘yes’ vote on the Motion to override.”

“The Gentleman’s Motion is to override the Governor’s Veto. This requires 71 votes. And on that question, Representative Feigenholtz is recognized.”

“Thank you, Mr. Speaker. Ladies and Gentlemen, to the Bill. The… the Governor’s Veto Message was relatively clear. I’m not sure, I don’t recall, what the floor debate was like on this Bill last spring, but I… I’m going to read the… what the Veto Message was. ‘These traps have been banned in Illinois for over 50 years because the trap’s wire hoops strangles the animal. Twenty-one states in the nation do not allow the use of snares. Snares are inhumane and indiscriminate. They cruelly kill wild animals for their fur and may also kill domestic pets and even endangered species. Even though this Bill requires a mechanism on the snare to reduce strangulation, the safety provisions in this Bill are still inadequate and animals would suffer unnecessarily.’ Ladies and Gentlemen, I want you to know that this is a snare. I know that the… I know that the Sponsor is trying to make this contraption seem like a more humane device, but the fact of the matter is is that it’s not. They were legalized in Michigan on a trial basis in 2001 for catching coyotes and foxes. And they ended up killing 107 domestic animals that were people’s pets, people’s property and 27 cats were also reported caught. Animals have a tendency to strangle themselves in these cable restraints. I was given one by the Humane Society for anyone who wants to take a look at this. I don’t know… the 09400068.doc 74  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 Sponsor says that pets have a tendency to wanna step backwards out of it safely, but I’ll tell you that it looks no different than a choker chain that you would put on your dog. And if the leash side of that was nailed into the ground, that animal would most definitely hang itself or strangle itself to death. So, I encourage you strongly to support the Governor’s Veto so that we can all maintain a humane state for animals in Illinois. Thank you.”

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

“Indicates he’ll yield.”

“Absolutely. This is… this is not the quick-kill device which has been banned and rightly banned in Wisconsin, other states. This is a live holding device utilized by our own agencies.”

“Yes. As a matter of fact, I don’t know if there are any other Members in here who have trapped. I may be the only one. But… but that’s a Rickard washer that is on there and it’s designed like a dog choker collar. And what that does is the animal uses its own force, when it reaches that restraint, it backs up and the cable loosens. That’s why it 09400068.doc 75  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 has been authorized in those studies and has had tremendous result in coyotes and foxes and other predator control.”

“To the Bill.”

“The Gentleman from Cook, Representative Burke.”

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

“He indicates he’ll yield.” 09400068.doc 76  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“Representative Mautino, for some reason I don’t recall the previous discussion on this matter when the Bill passed. Do you recall how many votes it received?”

“Eighty… eighty-six or eighty-seven. I… Eighty-seven votes.”

“Eighty-seven votes. A pretty substantial vote on a matter that all of a sudden has generated quite a bit of controversy. Would you not say?”

“Well, I think all of these points we’ve discussed were discussed and it was actually fully debated at that time. I think one of the strongest points was that this could only be done on private property with the written permission of the landowner. And I think that made a… made a big help, but I think the people understood the Bill and what the device was.”

“In the committee process, did you hear from any of the opponents of this legislation?”

“Ah, let’s see, there were… I would have to check. I can’t recall. I know that there are some groups who were opposing the Bill.”

“So, after it passed committee, now, when you brought it to the floor, was there significant debate on the issue?”

“Actually, yes. Hence the 27 ‘no’ votes that were involved in the Bill. I think we spent about 15 or 20 minutes on the Bill itself discussing why it is humane or the opposition side.”

“Well, at this point in time, there are those that are suggesting that this matter, so to speak, fell under the 09400068.doc 77  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 radar screen and many people in this Body did not understand what they were voting for at the time.”

“Yeah, I saw that in a… in one of the articles on it that basically, actually, a pretty condescending article written in the Chicago Sun-Times which was both misleading and nondescriptive of the Bill. I think that it received a vote total of 87 because people understood what it was for, why they are necessary and why we currently use them as opposed to this statement that they haven’t been used in 50 years.”

“Well, I, for one, would admit my ignorance on the matter and suggest to you that I, for one, voted for this matter not understanding what it entailed and the extent to which these devices, these strangulation devices, cause injury to private pets. There is no discrimination in this strangulation device.”

“Ya know, it’s interesting that you bring that up. In the… because the Department of Natural Resources of Wisconsin structured a 2-year study utilizing these different cable restraint devices in order to determine what the impact was. Now, in separate weather conditions and they vary dramatically, seven cable restraints were set, seven types, 715 separate devices used totaling 7,008 trap nights. This resulted in 344 distinct animal contacts, that’s an animal comes through either steps in it, knocks it down, whatever, resulting in the collection of 41 coyotes, 16 red fox, 4 gray foxes, 5 raccoons, 2 deer and animals that were released were 9 raccoons, 7 domestic dogs, 2 deer, 1 fisher. All animals relea… that were released under this 09400068.doc 78  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 were released alive. They also received, from the ISO, a rating on the… they rated ‘em for injuries. Of all of these captures… it showed it as a live restraint device, but none of the animals were injured. They had a score of 97 percent for mild to moderate injury, nonlife-threatening and because of that Wisconsin and some of the other states put in place the very design of these cables that we talk about today that we normally use for predators.”

“Mr. Speaker.”

“Yes.”

“Representative Mautino, what is this issue of the device being allowed to be placed under water? What… what is that all about?”

“This doesn’t… Well, this right here and that was language from the DNR who actually wrote the Bill. Since 1990 that’s no change in the existing law in that we have allowed these to be used for beaver trapping and what you would do there is set about a… a 9-inch loop that has to be a third of the way above the… above the water, so there isn’t a change. This would allow a cable restraint to be used on land.”

“Is it current law that these devices can be placed under water without the property owner’s permission?”

“Yes.”

“Well, not only, in that instance, would you not admit when you talk about this being a humane way to trap an animal, you’re placing a strangulation device under water. What is humane about that? You don’t strangle ‘em, ya drown ‘em.” 09400068.doc 79  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“No, Representative, that isn’t this Bill. That’s existing law since 1990 and has been used for nuisance eradication of beavers and those… those items which have caused problems in other cities, but, again, like a lot of sheets dispersed out here, that’s not this Bill.”

“Thank you, Representative Mautino. To the Bill, Mr. Speaker.”

“To the Bill.”

“Ladies and Gentlemen, as I suggested to the Sponsor, I believe there were many of us who voted in favor of this matter previously who did not, indeed, understand the nature and the extent to which these devices cause damage to innocent animals. This is a strangulation device. You can call it a snare, you call it what you will. The thing is inhumane. The Sponsors are suggesting that this is a humane manner of trapping an animal. Every animal rights group in the state has communicated with us. And I would suggest to you a picture speaks a thousand words. All you would have to do is see that one pet that is trapped by this strangulation device, suffered for God knows how long, and ended up being strangled to death. Ladies and Gentlemen, I believe that the Governor was correct in vetoing this matter. And I would encourage each and every one of you to consider this matter seriously and encourage the ‘no’ on this Motion and to uphold the Governor’s Veto. Thank you.”

“Representative Verschoore.”

“Mr. Speaker, I move for the question.”

“The Gentleman moves the previous question. The question is, ‘Shall the main question be put?’ All in favor 09400068.doc 80  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The main question is put. Representative Mautino to close.”

“Thank you. I appreciate the spirit of the debate. I share the… the concerns. I’d like to answer a couple of things in closing here. Everyone received a picture which had a dog which was wrapped in a fence post. That is what this Bill will stop. If you look at the Bill and by negotiation with the dog owner groups and with the hunting groups, a cable restraint may not be set in any position where it can come to an entanglement. An entanglement is when you get the choking and that is what the picture… That picture is probably the best reason to pass this. We use them now, we use them for coyote and predator management. They’ve been very effective in the Cook County Forest Preserves. They’ve been effective in nuisance management. There is a place for them. These items, as I said, in the 2-year studies, we… they have been designed to do the release and we have had no injured animals. It’s got an ISO national standard rating for humaneness of 8. Eight on a score where 55… 8 is good and the acceptable number is 55 at the high level. Most animals restrained in these are restrained alive. It will become more important as we go, but it offers a tool as we look into coyote and predator management. The property owner, the landowner, on private property must sign in order to allow this to happen. On my orchard, if there is a coyote that’s back there and incidentally, a predator call for a coyote is a crying child. So, if you’re… think about that, that oughta give ya chills. If I want to… if I want to eradicate that problem, 09400068.doc 81  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 here is a way I can do it with a trap that’s going to hold its target animal or nontarget animal alive until it can be determined or released. Eighty-seven people here voted on this because you voted on the Bill. Ya didn’t vote on a press story, ya did not vote on accusations or an explanation of a snare, which is a true strangling device and has been outlawed. This is no different than the chain that you would use with your dog. They supply their own force. When the constriction comes, they back up. That’s why it’s been used throughout the U.S. wildlife and is part of a management plan. So, aside from what you read in the papers, I think you knew what you voted for. And I hope that you will stay with that vote because it is a utilization of a tool to control predators with the owner of the land’s consent, only during certain seasons. Thank you for your consideration.”

“The question is, ‘Shall House Bill 1486 pass, the Veto of the Governor notwithstanding?’ This Motion requires 71 votes and is final action. All those in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 37 voting ‘yes’ and 74 voting ‘no’. And the Motion fails. On the Order of Total Motion Vetoes is House Bill 2528. Representative Bradley. Representative Bradley, you’re recognized on the Motion to override the Governor’s Veto on House Bill 2528.” Bradley, J.: “Thank you, Mr. Speaker. This is a very simple Bill. Currently under the law, a public hearing when a 09400068.doc 82  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 facility is gonna be closed in the State of Illinois is a permissive approach that can be taken. This Bill would simply make it mandatory. I think this is good policy. This is an opportunity for the people that are gonna be affected by the closing of facilities to have an opportunity to have a public hearing on it. I think the transparency and involving the public in something this important is always a good thing.”

“The Gentleman moves that the House override the Governor’s Veto of House Bill 2528. Is there any discussion? Then the question is, ‘Shall House Bill 2528 pass, the Veto of the Governor notwithstanding.’ This is final action and requires 71 votes. All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 98 voting ‘yes’ and 15 voting ‘no’. This Motion, having received the required Three-fifths Majority, the Motion to override prevails and House Bill 2528 is declared passed, notwithstanding the Governor’s Veto. Next on the list is House Bill 2529. Representative Biggins. Proceed, Representative Biggins.”

“20… It’s House Bill 2595.”

“The Gentleman moves to override the Governor’s Veto on House Bill 2595. And on that question, the Gentleman from Lake, Representative Beaubien is recognized.”

“Indicates he’ll yield.”

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

“Thank you, Speaker. To the Bill. The Sponsor was kind enough to talk to me about this at the end of last Session and again yesterday and I appreciate it. I understand where the Governor was coming from with potential 09400068.doc 85  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 tax implications, but let me tell you that a number of people that are impacted by this Bill are my constituents and they have contacted me overwhelmingly in support of overriding this Veto. They are understand the benefits of this program. They understand the intention of it. We are not hurting anybody, quite to the contrary. We are going to be doing a significant service for public safety, as well as for the building owners and the property owners that are affected. So, please vote ‘aye’. Thank you.”

“The Gentleman from Cook, Representative Joe Lyons.” Lyons, J.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I just wanna reiterate what John Fritchey has just said and say this is one of these rare opportunities, Democrats and Republicans, where our Leadership on the Revenue Committee have really dotted ‘i’s’ and crossed ‘t’s’ and made a win-win situation for a very serious subject. Representative Biggins, Representative Currie, this is a great Bill. Let’s support Bob Biggins on this override.”

“Representative Biggins to close.”

“The question is, ‘Shall House Bill 2595 pass, the Veto of the Governor notwithstanding?’ This is final action and requires 71 votes. All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 89 voting ‘yes’ and 28 voting ‘no’. This Motion, having 09400068.doc 86  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 received the required Three-fifths Majority, the Motion to override prevails and House Bill 2595 is declared passed, notwithstanding the Governor’s Veto. Representative Osmond, are you prepared on House Bill 3095? Okay. Proceed.”

“The Lady moves to override the Governor’s Veto on House Bill 3095. And on that question, Representative Franks is recognized.”

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

“She indicates she’ll yield.”

“Representative, I admire ya on your work on this. Could… could you please let us know where the… where it sits with the litigation, because it seems to me that this… somebody screwed up here. It was either the builder or the architect or someone did and I’m sure there’s insurance 09400068.doc 87  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 companies involved. And what I’m worried about is we’re asking the taxpayers to become a de facto surety and having taxpayer… taxpayers become the indemnity and having our taxes raised to pay for something that obviously a third party owes. So, I’d like to know where are we in the litigation process?”

“That begs the question of why we need to do this. Would it be more prudent to wait another week… I’ve spoke out against it a number of times for the reasons we’re talking now, hoping reasonable parties can come together and come to a solution that wouldn’t require us to raise folks’ taxes, whether it be temporary or not, once they’re gonna get the money back, because oftentimes when taxes are raised 09400068.doc 88  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 the people don’t get the money back. Would you be willing to wait a week on this to see what happens on the settlement negotiations tonight? ‘Cause I’m sure that you’re gonna get this passed in the House if you run this. I just think it’s poor public policy to pass this kind of legislation when there… when there are opportunities for third parties to come together to take care of this.”

“Would you wait ‘til tomorrow to see what happens tonight at the meeting?”

“Okay. Well, then, to the Bill. I appreciate it. I just think that we were setting a poor precedent here if we vote to raise people’s taxes when there are culpable entities that owe for their mistakes, whether it be a builder or an architect and they’re in negotiations to pay for their mistakes to fix it… to fix this and to ask the 09400068.doc 89  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 citizens to raise their taxes to pay for something that they’ve already paid for is fundamentally wrong. And that’s why I’ll be voting ‘no’ and ask you to do the same.”

Speaker Hannig: “The Gentleman from Lake, Representative Washington.”

“Will the Sponsor yield?”

“She indicates she’ll yield.”

“Mr. Speaker, I stand in support of my colleague’s efforts with this Gavin School issue. I remember when this first took place and to no fault of her own the circumstances have changed quite to my dissatisfaction and others who supported her on that. But I think, as the Representative of her exclusive area and the longevity that my colleague has been into the political arena, she certainly is able to test the waters and measure what her community would bear to get Galvin (sic-Gavin) fixed and get it out of the way for the children there. So, in essence, I think that what she is doing not only helps her area but it leaves the door open for flexibility for other school districts who find themselves, rather than the exception rather than the rule, in a situation like this that’s caught up in a spiral of legal quagmire at this point in time, but I think that when she offers to say that once the settlement is there that the taxpayers, of course, would see a return on what they put up front. And I urge support of her efforts. Thank you.”

“The Gentleman from Winnebago, Representative Sacia.”

“To the Bill.”

Speaker Hannig: “Is there any further discussion? Then Representative Osmond is recognized to close.”

“The question is, ‘Shall House Bill 3095 pass, the Veto of the Governor notwithstanding?’ This requires 71 votes and is final action. All in favor vote ‘aye’; opposed 09400068.doc 91  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 79 voting ‘yes’ and 37 voting ‘no’. This Motion, having received the required Three-fifths Majority, the Motion to override prevails and House Bill 3095 is declared passed, notwithstanding the Governor’s Veto. Returning to page 3 of the Calendar, on the Order of Senate Bills-Senate Read… Second Reading, is Senate Bill 331. Mr. Clerk, read the Bill.”

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

“Representative Saviano.”

“And on that question, the Lady from Cook, Representative Nekritz.”

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

“This is…”

“Okay.”

“He indicates he’ll yield.”

“Okay. Thank you. How many members are on this… the elevator safety board right now? Do you know? Yeah. How many mem… how many members are on the…”

“Okay. All right.”

“Thank you. I… I believe it’s about 12 or 13…”

“…somewhere in there.”

“Thirteen, in that range. And so, by adding… by adding the one from the disabled, it’s now, would be, let’s call it, 14. Because I believe there was also some interest by the… the… not only the disabled community but the senior community in having a member on this board, as well, to have their voice heard along with the… those companies that 09400068.doc 93  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 install these accessibility lifts. So, that would have added three that would… that would be… the request that they had had which would not have changed the balance of power on the board, as I understand it.”

“Okay. But this Bill does not do that. It only includes just the disability member.”

“Okay. So, I th… I believe that… that the coalition in sup… who was working with the disabled community and the senior community and the installers of these… of this equipment would still prefer to have those two additional members on the board.”

“Okay. And then are… there are some additional training programs that are out there that… that are not addressed in the legislation for elevator installers. Do we plan on addressing that in the future?”

“So, we’ll be back on this again?”

“Okay. Great. And then can you explain to me what the… what the limited elevator mechanic’s license is? Do you… And I have to admit I… I’m not really clear on what that aspect of the Bill does.” 09400068.doc 94  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“So… so, you would… you would believe that this limited elevator mechanic’s license would cover those that install platform lifts… lifts…, chairlifts and residential elevators?”

“That’s…”

“Okay. All right. Well, I believe that there… that there is still some work to be done in this area and it would certainly be my hope that we would… would be able to work out these remaining issues through JCAR. I do have some concerns that the voices of the seniors who are more and more a larger piece of this accessibility market is not gonna be heard on this board as well as the installers of these pieces of equipment and that’s important because it’s so different. It’s a totally different industry than the elevator in… than the traditional commercial elevator industry, that I think that their voice is important on… on this board and I would hope that at some point we could revisit that so that they… so that they could be heard as we go through the JCAR process and we go through sort of implementing this Bill. Thank you.” 09400068.doc 95  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“Representative Bost.”

“Indicates he’ll yield.”

“Representative Coulson.” 09400068.doc 96  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“He indicates he’ll yield.”

“Representative Verschoore.”

“Mr. Speaker, will the Sponsor yield?”

“He indicates he’ll yield.”

“Representative, are you aware of any other labor organization that might be in opposition to this legislation?”

“Well, I was… I was under the understanding that there possibly might be some that might.” 09400068.doc 98  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“Okay. Thank you.”

“Representative Holbrook.”

“Thank you, Speaker. As a Member of JCAR, we’ve been struggling with this for about the last 6 months. The law that was passed was completely inworkable… unworkable. And we’ve excluded the private homes. There’s still a little controversy on the lift issue on one certain type, but for this to move ahead, we’re willing to… to… to be a creature that, ya know, moves on. But for goodness sakes, this is a good Bill. This cleans up 99 percent of the problems. I understand that even though we’ve worked with the coalition through this, the senior citizen member on that board really was… has… first I heard about it was about a day ago when we were in committee and… and we’re more than willing to… to… to let this thing change and add a member later, if that’s what they wanted to, that’s not a problem here. If we’d known it earlier, we would have, but I can tell you I’ve talked with staff in depth as late as 5 minutes ago and we weren’t aware of this that they wanted to be included at the time. This Bill’s gonna let us make a very unsafe area that’s fairly unregulated right now, be brought into the twenty-first century and we’re also gonna exclude the homes. And I would surely urge an ‘aye’ vote. If we need to tweak this later, everyone involved says we’re willing to look at it and do that, but for right now, to get this thing off the 09400068.doc 99  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 ground and running, we need to move ahead and pass this Bill. Thank you. I ask for an ‘aye’ vote.”

“Representative Leitch.”

“Representative Saviano to close.”

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. This requires 71 votes. 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 107 voting ‘yes’ and 10 voting ‘no’. And this Bill, having received a Three-fifths Constitutional Majority, is hereby declared passed. Now, we’re going to return to the… Senate Bill 1843. Representative Turner’s recognized. You had presented this Bill earlier and taken it out of the record, I think, at the request of someone on the other side of the aisle. Would you like to briefly explain to the Members what this is about.”

“Well, to say that an agreement has been reached or there has been some clarification in terms of the actual intent of this legislation. That is that there will not be just one bid but in this particular case there will be four bids regarding this particular contract. As I mentioned earlier, because of the nature of what we’re doing and the time constraints here in trying to make this happen in the Capitol, we’re just trying to… to address these changes. These are the same changes that we made for the Illinois Emergency Management Association building when it was constructed. And as I said, we spoke earlier with some of the opponents to the opposition… to this Bill and I believe that all questions have been answered.” 09400068.doc 102  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“And the Gentleman from Menard, Representative Brauer is recognized.”

“He indicates he’ll yield.”

“The Gentleman from Vermilion, Representative Black.”

“Yes, he indicates he’ll yield.”

“It is my understanding, but they should be prequalified. As long as they are prequalified…”

“…they will have the opportunity. Correct.”

“That’s correct.”

“That’s correct.”

Speaker Hannig: “The Gentleman from Bond, Representative Stephens is recognized.”

“Is there any further discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. This requires 71 votes and it is final House action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Wait, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 4 voting ‘no’. And this Bill, having received a Three-fifths Constitutional Majority, is hereby declared passed. Representative Leitch, for what reason do you rise?”

Speaker Hannig: “The record will reflect your intentions, Representative. Okay. On page 6 of the Calendar, on the Order of Amendatory Veto Motions, is House Bill 29. Representative Mitchell.” Mitchell, J.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I am urging an ‘aye’ vote to override the Governor’s Veto of House Bill 29. This is the one that 09400068.doc 104  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 deals with tattoo parlors across the state. And what the Governor has done was to leave all of the punitive measures in the Bill, but leave the age at 21. I’ve talked to the major parlors across the State of Illinois. I’ve talked to the local police departments. They both feel that this is going to make it very confusing and will not bring order to that industry. What the Bill does, in its original form, it puts the age of tattoos at 18 that corresponds with the age for body piercing in the same establishments. It keeps children out of tattoo parlors completely. Anybody under the age can no longer be in a tattoo parlor unless they’re with their parents. It also changes the penalty for tattooing someone underage from a Class C to a Class A misdemeanor which puts some teeth in the law. It also makes it a Class A misdemeanor for those establishments that allow children under the legal age to be in a tattoo parlor. The industry understands this. The industry is willing to accept the more punitive measures that puts us in line with every other state around us. Thirty-nine states restrict this industry by age. Of the 39 states, 37 are 18. Every single state around us is 18. So, the Governor’s message said that he didn’t want his 18-year-old daughter running out and getting a tattoo. He’d better take her car keys because she can drive right to Gary, Indiana, and have it done legally. Ladies and Gentlemen, this doesn’t change anything except it brings order to that industry and gives local police the authority to then keep children out of those particular parlors. I urge an ‘R’ vote… an ‘aye’ 09400068.doc 105  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 vote. Be happy to answer any questions. What’s an ‘R’ vote?”

“Is there any discussion? Representative Rose.”

Speaker Hannig: “Is there any further discussion? Then Representative Mitchell to close.” Mitchell, J.: “I’d just appreciate an ‘aye’ vote, not an ‘R’ vote. Thank you.”

“The question is, ‘Shall House Bill 29 pass, the Veto of the Governor notwithstanding?’ This Motion requires 71 votes and is final action in the House. So, all in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 91 voting ‘yes’ and 24 voting ‘no’. And House Bill 29, having received the Three- fifths Majority, the Motion to override prevails and this Bill is declared passed, notwithstanding the Governor’s Veto. House Bill 911, Representative Churchill. The…”

Speaker Hannig: “…Gentleman is recognized on a Motion to override.”

“Is there any discussion? Then the question is, ‘Shall House Bill 911 pass, the Veto of the Governor notwithstanding?’ Those in favor vote ‘aye’; those opposed vote ‘no’. This is final action and requires 71 votes. And 09400068.doc 107  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 117 voting ‘yes’ and 0 voting ‘no’. This Motion having received the required Three-fifths Majority, the Motion to override prevails and House Bill 911 is declared passed, notwithstanding the Governor’s Veto. Representative Saviano, are you prepared on the Motion on House Bill 2525? Representative Saviano. Proceed, Representative. Mr. Clerk, could you update the board, 2525.”

“The Gentleman has moved for the override of the Governor’s Veto on House Bill 2525. Is there any discussion? Then the question is, ‘Shall House Bill 2525 pass, the Veto of the Governor notwithstanding?’ This Motion requires 71 votes and is final action. All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 72 voting ‘yes’ and 43 voting ‘no’. This Motion, having received the required Three-fifths Majority, the Motion to override prevails and House Bill 2525 is declared passed, notwithstanding the Governor’s Veto. Representative Leitch, are you prepared on House Bill 3272? The Gentleman from Peoria, Representative Leitch.”

“The Gentleman moves to override the Governor’s Veto of House Bill 3272. And on that question, the Gentleman from Vermilion, Representative Black is recognized.”

Speaker Hannig: “Is there any further discussion? Then Representative Leitch to close.”

“The question is, ‘Shall House Bill 3272 pass, the Veto of the Governor notwithstanding?’ This Motion requires 71 votes and is final action. So, all in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Repre… Representative Mitchell. Okay. Mr. Clerk, take the record. On this question, there 116 voting ‘yes’ and 1 voting ‘no’. This Motion, having received the required Three-fifths Majority, the Motion to override prevails and House Bill 3272 is declared passed, notwithstanding the Governor’s Veto. Mr. Clerk, read the Agreed Resolutions.” 09400068.doc 111  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005

“Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Agreed Resolutions are adopted. So, Mr. Clerk, would you read the committee schedule for the rest of the evening and tomorrow.”

Speaker Hannig: “I’d also advise the Members of the Rules Committee that there’s likely to be a Rules Committee meeting yet this day, as well. And for the Members of the Appropriation-Human Services Committee, you need to be advised that we could have a meeting of that committee yet this evening. The Appropriation-Human Service Committee 09400068.doc 112  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 10/26/2005 Members need to be aware that there could yet be a meeting posted for that committee, as well. Representative Brady is recognized for an announcement.”

“Could… could… I don’t think… I think your mike went out, Representative Brady. Could you…”

“Why don’t you make your announcement…”

“Representative Stephens, for what reason do you rise? So, now, allowing perfunctory time for the Clerk, Representative Currie moves that the House stand adjourned until tomorrow, Thursday, October 27, at the hour of 11 a.m., 11 a.m. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Motion is adopted. And the House stands adjourned.”