Illinois House Floor Debate — April 4, 2006

“The hour of 12:00 having arrived, the Members will please be in their seats. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers and rise for the invocation and the Pledge of Allegiance. We will be led in prayer today by Pastor Frank Jefferson with the Greater Calvary Baptist Church in Rockford. Pastor Jefferson is the guest and brother of Representative Jefferson.”

“Let us pray. Father, God, we come at this time thanking You for the blessed privilege of just being present here in this Assembly. We come asking, Oh Heavenly Father, to bless this Assembly, all that are represented here, each family, loved ones and friends. We pray, Oh Heavenly Father, for guidance today as You preside over the business of this government. Be with them, Lord, as they make the decisions that are needful to be made for the benefit of Your people. We thank You, Lord, for so many blessings that You’ve already shown us. And we just ask, Oh Lord, if You would just continue to keep us in Your care, protecting and providing for us always. And we’d be so grateful to give You the praise in Jesus’ name, amen.”

“And Representative D’Amico, will you lead us in the Pledge.” D’Amico – et al: “I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

Speaker Hannig: “Roll Call for Attendance. Representative Currie.” 09400113.doc 1  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“Thank you, Speaker. Please let the record show that Representatives Feigenholtz, Jones, Patterson, and Phelps are excused today.”

“Representative Bost.”

“Mr. Clerk, take the record. There are 114 Members answering the Roll Call, a quorum is present. Representative Parke, for what reason do you rise?”

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

“Yes. Thank you, Mr. Speaker. I don’t normally introduce Pages, but we have… I have the privilege of having a very unusual Page today. It’s Andreas Kopp from Germany, right… right outside Berlin. So, if you’d like to… and notice the accent, I said Berlin like he did, not Berlin like we all say… so, if you’d like to say ‘guten Tag’, please introduce yourself to Andreas Kopp. Thank you.”

“Mr. Clerk, read the Committee Reports.”

“So, Mr. Clerk, we have House Resolution 1126. Would you read the Resolution. Excuse me. The House Resolution 1118. Would you read the Resolution. Excuse me. Representative McCarthy, for what reason do you rise?”

“Thank you, Mr. Speaker. Before the Clerk reads the Resolution, I would ask for the Body to please pay attention to the Resolution. And I’d also ask for the state champion wrestlers and their coaches from Carl Sandburg High School to stand while we read the Resolution. They’re up in the Speaker’s Gallery today. Thank you, Mr. Speaker.”

“Mr. Clerk, read the Resolution.”

“Representative Kosel.”

“Yes. He indicates he’ll yield.”

“Yes…”

“Representative McCarthy.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I think if you check on the status, I’m proud to be joined in this Resolution by Representative Joyce, Representative Kosel, Representative Rita, and actually, Representative Mike McAuliffe. The first four of us, if you look on the status, are all Representatives who represent the area that is served by Carl Sandburg High School. But it’s a great honor to present these Resolutions this morning. The state champion wrestlers from Carl Sandburg High School are an outstanding group of young people who set a lofty goal and worked tirelessly to achieve it. The Carl Sandburg wrestlers went to every match knowing it was the most important meet of the year for their opponents and they were able to defeat every challenger. The Resolution listed the top-notch 09400113.doc 7  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 invitationals they chose to compete in and they were successful in every single one. Every championship was full of highlights, but I especially wanna spotlight the regional champions where, in the 14 weight classes, Sandburg had 12 first place finishers and 2 second place finishers. Obviously, the schools that are assigned to that regional are not looking forward to next year. As mentioned in the Resolution, the team had a 33 and 0 dual match record this year and going back to last season, has a 51-match winning streak. In the individual state tournament before the team contest, Sandburg had three individual state champions: Brandon Precin, Conrad Polz and Matt Cusick. They also had two second place winners: Ben Friedl and Mike McAuliffe and I wish Mike would wave so that Mike McAuliffe, the Representative, can see who he is over there. Mike McAuliffe, the Representative, is over here. Other state winners were: Eric Pretto, who won a fourth place in state and Eric Rettke, who secured a sixth place finish. As stipulated in the Resolution, Carl Sandburg is the first public school to repeat as a Class AA wrestling team and the work ethic of the team makes a three-peat certainly within reach. Congratulations, Coach Polz and all the assistant coaches and wrestlers, you’re definitely deserving of this special recognition. I would ask the Chair to call on Representative Joyce. We’re gonna waive the reading of House Resolution 1126, but he’d like to make a couple mentions about Coach’s Polz recent designation as the National Wrestling Coach of the Year, a 09400113.doc 8  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 very, very high honor. So, if you’d please let Representative Joyce make some comments.”

“Representative Joyce.”

“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, actually the physical building of Carl Sandburg High School is in my district and I’m honored to… to be on the sponsorship with Representative McCarthy. But the sport of… the sport of wrestling is a very demanding sport, physically, mentally and quite often the only person that can understand the individual wrestler is his coach. And I’d like to tell ya about the man in the gallery, Coach Mike Polz, the head wrestling coach of Sandburg High School. I first came across Mike Polz as a sophomore in high school when he was an assistant at Providence Catholic High School when my high school, Marist, was wrestling in the state semifinals against them. We were successful that year and went on to win a state championship, but 2 years later as the head coach of Providence Catholic High School Coach Mike Polz led the Providence Catholic Celtics to their first state championship in that time period in wrestling and actually defeated us by a score of 30 to 30 in the state semifinals. They won by criteria. But just 2 years later, he left Providence High School for Sandburg High School and became the head coach there and has now won back-to-back state titles and has coached numerous of successful individuals, some that have gone on to wrestle for our University of Illinois and many who have now become great coaches in the sport itself. Guys like Sean Bormet who run their own national camps. People come from across 09400113.doc 9  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 the country to wrestle with the likes of the former students of… of Mike Polz. Some of the great members of that 1989 team: Mike McClarence, Sean Bormet, the late great Ken Gerdes. Those are all great individuals that have great impacts on chil… impact on children today in the sport of youth wrestling, in the sport of high school wrestling. And I think when people talk about high school wrestling in the future and for years to come in the State of Illinois the names of Bill Weick, Mark Gervais and Mike Polz will all be in the same sentence. I’d like to thank him for his great service to many individuals throughout this state. Thank you.”

“Representative Dunkin.”

“Thank you. A point of personal privilege, Mr. Speaker. Representative Kevin Joyce, you, I understand, was a wrestler, right? Representative McCarthy, you’re a former wrestler, as well? How about if you two will be so kind to just give us a demonstration this afternoon? How about it? Can we vote on that? Right here in the middle of the floor. Yeah. Like the Greek Olympics.”

“Representative Joyce.”

“… you, Mr… Thank you, Mr. Speaker. Representative Dunkin, if you’d like to step up to the center, I’d be glad to give a demonstration to everybody here.”

“Representative McCarthy.”

“Thank you. I would ignore the Motion by the Representative and I’d ask for the adoption of the two Resolutions.” 09400113.doc 10  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“The Gentleman moves for the adoption of House Resolution 1118 and 1126. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Resolution is adopted. Representative McCarthy.”

“Thank you, Mr. Speaker. I’d just like the Assembly to recognize the team up here with a round of applause for this outstanding achievement.”

Speaker Hannig: “Congratulations. Representative Flider, I understand you have an announcement on House Resolution 1120, is that correct?”

“Yes, Mr. Speaker. Mr. Speaker, Ladies and Gentlemen of the House, I’d like to call your attention to the gallery behind me and I’d ask the students to stand. If I could have your attention. I have with me today the eighth grade class of St. Patrick’s School. And yesterday the House of Representatives passed House Resolution 1120. And I have with me, in addition to the students, a student advisor Ms. Sue Papa and her husband, Larry with whom I used to work in a previous life. But last year the students participated in a community food drive and this food drive… Mr. Speaker, if I could have your attention. And this is an annual food drive that’s very important in Decatur, Illinois. And these students won the food drive and I wanted to recognize them for their efforts. The students at St. Patrick’s School competed with many schools including larger schools in the Decatur area, in fact, there were 51 schools which were competing for this… for this… to win this prize. And this school collected 25 thousand pounds of food in the WSOY community food drive. 09400113.doc 11  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 Now, they did have a goal of 10 thousand so they far exceeded that goal. Again, as I mentioned, they placed first out of 51 schools. Now, this food is donated to the Salvation Army and Catholic Charities. And I would like to ask you to give this group of students from St. Patrick’s School in Decatur a round of applause for all their efforts to feed the needy in our community.”

“Congratulations and welcome to Springfield. We’re going to proceed to page 2 of the Calendar, Senate Bills-Third Reading. Representative Molaro, you have Senate Bill 702. Mr. Clerk, read the Bill.”

“Representative Molaro.”

“Thank you. This is a long, drawn-out process that was completed last week. Basically, in villages up north, that would be Glenview, North Chicago and Highland Park, they have the naval base up there and the… some of the housing for the Navy personnel was falling apart. So, the Navy decided to do a joint venture with a private contractor where the Navy owns the land, the private contractor has a 50 or 75-year leasehold. This is for the first time allows us that when these Navy personnel who live there, who go to schools in that area, we are now taxing from the property taxes of the leasehold. There was agreement, a cap rate of 7.75 percent and they would use the income-to-expense ratio. All of the school districts, park districts, taxing bodies, the mayors and the… and the town presidents are very happy with this arrangement. The Navy, believe it or 09400113.doc 12  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 not, we got letters from them. They’re happy. The developer happy. And it turns out to be a win-win situation for the entire area around the U.S. naval air base and also… naval base… and also gives us a platform if we ever wanna do it down south by the air base down there. If there are any questions, I’d be happy to answer ‘em.”

“The Gentleman has moved for the passage of Senate Bill 702. And on that question, the… the Lady from Lake, Representative Karen May.”

“Thank you, Mr. Speaker. I stand in strong support of Hou… Senate Bill 702 for the beneficial impact it will have on the local taxing bodies, primarily schools in four communities. Some of you will remember my first Bill that I fought more than 5 years ago to try to get more impact aid for the military bases, for the students that come from those schools. Over the past 11 years, when records were kept, my local school district has subsidized the education of children from military personnel in the amount of 23.5 million or 3.3 million a year. Senate Bill 702 will help bring certainty… will help bring certainty and some additional tax dollars from the developer to the local schools. There is a sunset so that all parties can evaluate how this formula’s working after a few years. With this Bill’s passage, there should be no authority to tax for the construction and local assessors could use whatever means they determine to tax or not to tax. This is an agreed Bill, agreed by all parties: the Navy, the developer of the public/private venture, and the four communities: Glenview, Highland Park, Highwood and North 09400113.doc 13  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 Chicago. Yes, communities in the school districts would’ve liked more. The Bill that came out of the Senate asked for more and the developer and the Navy fought it vehemently. This compromise is one that all parties can live with. To vote against it would hurt local school and taxing bodies and also to disregard the agreed Bill process. Technically, it stipulates income capitalization and the income expense cap of 42 percent, but aside from that, underlying is a memorandum of understanding that spells out many details that will benefit the taxing bodies and the schools. The land is prime lakefront land in my communities. It still remains tax-exempt and the leasehold tax is not market rate, just merely a tiny fraction of that, the small portion based on the base allowance for housing. I’m so proud of the local communities that provide good education to the children of the men and women who are serving in the Navy. They welcome the students and families into the community and with this Bill to be passed, they’ll get slightly more dollars, lessen the impact for the additional new housing in the communities. This gives certainty to the local taxing bodies and forestalls protracted litigation that would jeopardize new housing for military families. And I ask for an ‘aye’ vote. Thank you.”

“Any further discussion? The Gentleman from Vermilion, Representative Black.”

“State your inquiry.” 09400113.doc 14  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“Representative Molaro.”

“I think she was closing.”

“We hope.”

“The Sponsor will yield.”

“Well, I think most parties have agreed.”

“Are you askin’ me if they’re happy? I haven’t been happy since I was 17 years old, to be quite honest with ya. But, not really. Unless we win the softball game tonight or the Cubs win the pennant…”

“…then maybe I’ll be happy. Right.”

“Right.”

“Thank you.”

“Any further discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 64 voting ‘yes’ and 49 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Biggins, you have Senate Bill 838. Do you wish us to read this Bill? Mr. Clerk, read the Bill.”

“Representative Biggins.”

“The Gentleman has moved for the passage of the Senate Bill 838. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Scully, do you wish to be recorded? Representative Jerry Mitchell, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 1 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read Senate Bill 841.”

Speaker Hannig: “The Gentleman from Cook, Representative Lyons.” Lyons, J.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 841 amends the Cook County Forest Preserve District Act. It allows the increase from 10 thousand to 25 thousand dollars that the Forest Preserve District of Cook County can expend without advertising for bid. This… this dollar amount has not been raised in… in over 20 years and most of us know with inflation or… inflation factors taken in that $10 thousand is probably 20, 25 thousand dollars in today’s dollars. So, legislation was passed 2 years ago, back in February or March of ’04, that did the same thing for the downstate forest preserve district. So, I’m asking your support on this initiative on behalf of the Cook County Forest 09400113.doc 17  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 Preserve District. And would be happy to answer any questions.”

“The Gentleman has moved for the passage of Senate Bill 841. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 64 voting ‘yes’ and 50 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Scully on Senate Bill 1705. Out of the record. Representative Lang on Senate Bill 2159. Representative Lang, do you wish us to read this? Mr. Clerk, read the Bill.”

“Representative Lang.”

“Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill came over from the Senate as an attempt by Senator Sandoval to create more public disclosure, openness, and transparency in state contracting. I know of no opposition with the Amendment. I would ask for your support.”

“The Gentleman has moved for the passage of the Senate Bill 2159. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Scully, do you wish to be recorded? 09400113.doc 18  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 Mr. Clerk, take the record. On this question, there are 114 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 2197, Representative Kelly. Out of the record. Representative Burke, you have Senate Bill 2255. Out of the record. Representative Winters, you have Senate Bill 2272. Mr. Clerk, read the Bill.”

“Representative Winters.”

“The Gentleman has moved for the passage of Senate Bill 2272. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 111 voting ‘yes’ and 3 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Hamos, you have Senate Bill 2290. Mr. Clerk, read the Bill.”

“The Lady from Cook, Representative Hamos.”

“Thank you, Speaker, Ladies and Gentlemen. This is a Bill that we have seen before in a version that I passed unanimously in this House. This is a Bill that will require the state to create a comprehensive housing plan using all of the resources of the… that are available to the state. It will especially require the state to… to have interdepartmental coord… coordination, something that we really welcome around here. And I… we passed it before. I… we… it… it went to… We have a very small Amendment on it that was introduced by the Illinois Municipal League that actually limits one component of this. There’s… as far as I know, there is no opposition to this Bill. Thank you.”

“The Lady has moved for the passage of Senate Bill 2290. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Scully, do you wish to be recorded? Representative Tenhouse, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 108 voting ‘yes’ and 5 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Schmitz on Senate Bill 2348. Out of the record. Representative Molaro on Senate Bill 2358. Mr. Clerk, read the Bill.”

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

“Yes. This is cleanup legislation. Last year, we inadvertently added capital litigation when someone does the death penalty. You’re a defendant, you… you put your budget together and then it gets approved by the court. And what we wanted it to be that when the case is over newspapers come or the public can ask what the budget was and how much was it. The way you read it now, when we passed the Bill last year, you have to wait ‘til the appeals are over. We think that’s too long. That the newspapers and the public have a right to look at it right after the verdict’s in. So, this makes it easier for the public to get information on what the budget is in defending a capital case. And so, we ask for its approval.”

“The Gentleman has moved for the passage of Senate Bill 2358. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Rose, you have Senate Bill 2391. Mr. Clerk, read the Bill.”

“The Gentleman from Champaign, Representative Rose.”

“The Gentleman has moved for the passage of Senate Bill 2391. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Rep… Representative Flowers, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 114 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Delgado, you have… On page 4 of the Calendar under Senate Bills-Third Reading is Senate Bill 2448. Mr. Clerk, read the Bill.”

Speaker Hannig: “Representative Delgado. Excuse me. Representative Stephens, for what reason do you rise?”

“State your point.”

“Excuse me, Representative, that was my… my error. Continue.”

“Okay. So, Mr. Clerk, returning to Senate Bill 2448. Would you read the Bill, please.”

Speaker Hannig: “The Gentleman from Cook, Representative Delgado. Representative Delgado, you’re up on this Bill.”

“Thank you. I have to… Representative Flowers, can you please move on to your seat. I’d love to present it in front of you, Representative Flowers…” 09400113.doc 25  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“Representative…”

“…because I’m good at what I do.”

“Represent…”

“Senate Bill 2448, Rep… Mr. Speaker and Members of the House, amends the Act on aging by making several changes. First, it replaces the Illinois Department of Public Aid with the Illinois Department of Health Care and Family Services throughout Section 402. Secondly, the Act currently establishes a program of services to prese… prevent unnecessary institutionalization of persons age 60 or older and in need of long-term care or persons who are suffering from Alzheimer’s disease or a related or… disorder. Now, this Act allows these persons to remain in their homes or in another living arrangements recognized by this Act. Senate Bill 2448 simply adds adult day services as a recognized program under this Act. Finally, SB2448 defines the terms ‘adult day services’ and ‘adult day center’ both to mean a direct care and supervision of adults 60 and over in a community-based setting for the purpose of providing personal attention and promoting physical, social and ec… emotional well-being in a structured setting. And I would ask for your ‘aye’ vote.”

“The Gentleman has moved for the passage of Senate Bill 2448. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Osmond, do you wish to be recorded? Have all voted who wish? Mr. 09400113.doc 26  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Berrios, for what reason do you rise?”

“Point of personal privilege.”

“State your point.”

“As many of you know, last week I danced in the Conference of Women Legislators fundraiser with a partner I’d met two days beforehand. So, today I just wanna wish Matt Paprocki a happy birthday from all of us. Thanks.”

“Representative Saviano, you have Senate Bill 2469. Mr. Clerk, read the Bill.”

“Representative Saviano.”

“The Gentleman has moved for the passage of Senate Bill 2469. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lyons, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On 09400113.doc 27  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Lang, you have Senate Bill 2487. Out of the record. Representative Froehlich, you have Senate Bill 2613. Mr. Clerk, read the Bill.”

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

“The Gentleman has moved for the passage of Senate Bill 2613. Is there any discussion? Then all in favor… Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative… Okay. Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Acevedo, you have House Bill 20… Senate Bill 2680. You wish us to read that? Mr. Clerk, read the Bill.”

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

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2680 modifies the auxiliary police statute to make it consistent with the auxiliary deputy statute. It requires an auxiliary police officer to receive the Illinois Law Enforcement Training Standards Board certif… certified training before he or she can carry a firearm or before he or she can obtain conservator of the peace statutes… status. Currently, while all other individuals in the state who wanna become conservators of the peace must undergo 40 hours of training with the Illinois Law Enforcement Training Standards Board, auxiliary police are exempt from that requirement. This Bill also contains the truth in labeling provision. It amends the false personation statute to prevent an organization from using the term ‘police’, ‘sheriff’ or any other term implying law enforcement unless 80 percent of its membership is associated with a legitimate law enforcement body. This modification prevents organizations from using the terms in their titles that might create confusion as to the source of authority. I’d be happy to answer any questions.”

“The Gentleman has moved for the passage of Senate Bill 2680. And on that question, the Lady from Kane, Representative Lindner.”

“Indicates he’ll yield.” 09400113.doc 29  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“Yeah. It’s…”

“…I’m sorry. Yes. It’s… it’s 40 hours of training with the Illinois Law Enforcement Training Standards Board.”

“The board does.”

“The Training Standards Board.”

“Yes.”

“Well, I… I…”

“Well, actually, Representative, they… they… they’re the ones who assume the… the responsibility of tellin’ ‘em the requirements of what they have to… the training they have to go through, but as far as them training themselves, I know the Chicago Police Department has their own training academy but they also have to fulfill the obligations of… according to the Illinois Standards Training Board.”

“An auxiliary police officer can have various duties, Representative, all the way from directing traffic to patrolling the streets or securing a certain location. They’re allowed to carry firearms, but unfortunately they’re not required to go through the training such as other law enforcement individuals. Plus, if they’re hired as… as an auxiliary police officer and they are… they are perfect example of directing traffic and the mayor or the president of that township feels that they need… say there’s a national… international convention going on during that weekend, they can deputize them for that weekend and give ‘em the police powers.”

“I’m sorry, Representative, I… I…”

“Yes, that is.”

“Hang on, Representative, one minute. Well, Representative, I… I knew as the legislation came out of the Senate they were not opposed to it. I have no idea if they’re opposed to it one day or another, right now. I have had no indication and no conversation with them as far as them opposing my legislation.”

“Yes, Representative. It was use… it was useless for allow auxiliary police officers to carry weapons without having that the powers of arrest, so yeah, yeah, we did bring it back into due to actually a Member on your side of the aisle asked to enter it as an Amendment to help out his area which he represents.”

“Yes. They are not full-time police officers. We can… we would… basically, ya know, their nickname is ‘weekend warriors’ so those are the types where if… if they feel… if the president or the… or the mayor of that township feels that the extra law enforcement is required, then they can deputize them for that weekend.”

“The Gentleman from Vermilion, Representative Black.”

“Indicates he’ll yield.”

“No… Representative, Amendment #2 actually that… that line on the original Bill was inadvertently put in there and we… it was brought to our attention by a colleague of ours on your side of the aisle that it would actually hurt the… the auxiliary police officers in… in his township, so we put that back in. Basically, for the fact that we’re allowing an individual to call themselves an auxiliary police officer and is allowing them to carry a firearm we should enable them to have the powers of arrest as well.”

“Yes. Yes, Representative.”

“The Amendment #2 deals with that issue.”

“I… I would assume that for a legislative purpose, Representative. If a mayor or a president of a township is 09400113.doc 33  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 gonna deputize them for a certain amount of time, they should carry out full responsibility.”

“Yes, Representative. And basically, what it is, is currently not all townships and cities need a full-time… a certain amount of full-time police officers at any given time. This just enables them to hire auxiliary police officers and deputize them for a certain amount of time where they don’t have to pay the benefit… maybe pay the benefits or actually pay ‘em throughout the year when maybe the convention time is low or visitation to the state is low or the cities, I should say.”

“To the Bill.”

“Representative, your time has expired. Would you bring your remarks to a close.”

“Representative Brady.”

“Indicates he’ll yield.”

“Yes, Representative.”

“Well, currently, Representative, as I understand it, the city or the township that would hire an individual as a law… auxiliary police officer, I should say, is responsible for sending that person actually into the 40-hours training or if any other academy that is necessary for them to achieve their goals.”

“No, it does not.”

“Representative Acevedo to close.”

“Thank you, Mr. Speaker. Some of the previous speakers have made… brought up some legitimate points as far as the Illinois Chief of Police and the Illinois municipality (sic-Municipal League). Well, we all have to understand we’re not trying to take away the responsibility of a president of a township or the mayor of a township. What we’re trying to do is… is curb the amount of police impersonators that have been out there. In the re… in the 09400113.doc 36  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 past recent year there’s been over a thousand arrests of individuals who have gone out there and flashed the badge and falsified theirselves as police officers. And this is exactly the kind of activities we’re trying to curb and by no means does it try to wanna harm any law enforcement agencies or take away any other capable law enforcement abilities from any township or the mayors that represent their cities or townships. So, I ask for a favorable vote.”

“The Gentleman has moved for the passage of Senate Bill 2680. And so the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 107 voting ‘yes’ and 5 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. We’re gonna break from our activities of calling Bills on Third Reading and begin our ceremony for the Illinois fallen soldiers. So, could I have your attention. Would the Members please be in their seats. Would our staff, respective staffs, retire to the rear of the chambers. Gentlemen, we’re ready to proceed.”

“And now we’ll have the Roll Call of fallen soldiers. Representative Reitz.”

“Specialist Brian M. Romines from Simpson, June 6, 2005.”

“Representative Moffitt.”

“And Representative Smith.”

“Gunnery Sergeant Terry W. Ball, Jr., East Peoria, August 5, 2005.” 09400113.doc 40  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“Representative Saviano.”

“Representative Washington.”

“First Lieutenant David L. Giaimo, Waukegan, August 12, 2005.”

“Representative Hultgren.”

“And from my district. Staff Sergeant Gary R. Harper, Jr., Virden, October 9, 2005. Representative Molaro.”

“From Speaker Madigan’s district, Specialist James T. Grijalva, Burbank, October 12, 2005.”

“Representative Brady.”

“Representative Moffitt.”

“Representative Gordon.”

“Sergeant Joshua A. Terando, Morris, died November 10, 2005.”

“Representative Washington.”

“Sergeant 1st Class James S. Ochsner, Waukegan, November 15, 2005.”

“Representative Biggins.”

“Representative Schock.”

“Representative Saviano.”

“Representative Hassert.”

“Representative Sacia.”

“Representative Reis.”

“Representative Beiser.”

“Sergeant 1st Class Shawn C. Dostie, Granite City, December 30, 2005.”

“Representative Granberg.”

“Lance Corporal Jonathan K. Price, Woodlawn, January 13, 2006.”

“Representative Pihos.”

“Representative Younge.”

“Staff Sergeant Edwin H. Dazachacon, Belleville, February 13, 2006.” 09400113.doc 42  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

Speaker Hannig: “That concludes our Roll Call for fallen soldiers. Can we have a moment of silence before we play taps. Thank you. Representative Stephens.”

“And that concludes our service for this year. Thank you. We’re going to return to page 4 of the Calendar, Senate Bills-Third Reading. Representative Poe, you have Senate Bill 2798. Representative Poe, do you wish us to read that? Mr. Clerk, read the Bill.”

“The Gentleman from Sangamon, Representative Poe.”

“The Gentleman has moved for the passage of Senate Bill 2798. Is there any discussion? Then the 09400113.doc 43  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cultra and Tryon, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Flowers on Senate Bill 2898. Mr. Clerk, read the Bill.”

“The Lady from Cook, Representative Flowers.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move for the passage of House Bill… Senate Bill 2898. It provides… it will require a public school or a nonpublic school to permit the self-administration of medication by a pupil with asthma and adds to the requirement that the school permitting pupil to use epinephrine autoinjector. And I’ll be more than happy to answer any questions you have in regards to Senate Bill 2898.”

“The Lady has moved for the passage of Senate Bill 2898. Is there any discussion? The Gentleman from Bond, Representative Stephens.”

“I’m sorry, Representative. I didn’t hear you.” 09400113.doc 44  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“No, they’re not affected by this.”

“No, not at all. This is a new category for…”

“They will not be affected by this.”

“Um hmm.”

“Any further discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Jenisch, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Black, you have Senate Bill 2899. Out of the record. Representative Coulson, you have Senate Bill 2913. Do you wish that to be read on Third or do you wish… Okay. Mr. Clerk, read the Bill.”

“Representative Coulson.” 09400113.doc 45  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“The Lady has moved for the passage of Senate Bill 2913. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Turner has House Bill 20… Senate Bill 2921. Out of the record. Representative Osterman on Senate Bill 2931. Mr. Clerk, read the Bill.”

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

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2931 provides that the Department of Commerce and Economic Opportunity establish a pilot program using and testing lifelong learning accounts for workers in the health care industry to continue their education and help pay for educational expenses. This program will serve 09400113.doc 46  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 up to 500 health care industry workers that will use these lifelong learning accounts for educational purposes. The goal is to help these workers to advance their education and move into better jobs. This legislation is subject to appropriation and it has no opposition. I’d be happy to answer any questions.”

“The Gentleman has moved for the passage of Senate Bill 2931. And on that question, the Gentleman from DuPage, Representative Meyer.”

“He indicates he’ll yield.”

“Yes. In… in the health care…”

“Well, it’s a pilot program that Economic Opportunity would establish and I think some of the outcomes that they’re gonna monitor will be if people went into those jobs.”

“I would say that that would be the state. It would be the Department of Commerce and Economoc… Economic Opportunity, but I would also say that people like myself and others who care about that would monitor if this is used and how those people moved into better jobs.”

“What I’d be willing to do is to meet with the director of Commerce and Ec… Ec… Commerce and Economic Opportunity with you to fine-tune how they’re gonna establish monitoring the program. So, I think that… as well as with the Hospital Association and a lot of other people that are in support of this legislation. So, this legislation is here now. The issues that you brought up… let me first say this, I was not in committee when your… your Bill was not passed. So, what this does though, this legislation, is a voluntary program and companies that are in the health care industry would have to wanna participate. Employees…”

“Absolutely and I will pledge that any time I sponsor legislation dealing with comp…” 09400113.doc 49  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

Speaker Hannig: “Your… your time has reached… expired. Representative Osterman, why don’t you finish your remark.”

“Just gonna say that, Representative Meyer, in the future if I sponsor legislation dealing with that agency, I will come talk to you. And I’m more than willing to help work with you if there are problems and try to fine-tune that.”

“Representative Mulligan.”

“Indicates he’ll yield.”

“DCEO is basically gonna help set up the pilot to administer the program. So, this is gonna require some working with financial institutions to set up these accounts, working with health care industry, hospitals or other health care providers to get them involved. It also involves technical training and promotion of this program, that’s why this agency was identified.”

“And it… they would reach out, DCEO would reach out, to employers that wanna participate and employees that work there. Take a hospital for example. If the hospital was willing to put in matching funds and the employer’s willing 09400113.doc 50  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 to put in matching funds, the state and DCEO would match up to 50 percent of what they are contributing, up to a $500 commitment from the state. So, if an employer puts in $500, an employee puts in $500, the state, under this program, would match with another $500 to help with the educational expenses for people in the health care industry. The goal, Representative Mulligan, is to get lower paid employees in the health care industry to try to use this money to get better education that will help them advance in the health care industry.”

“No. I think the money has to go into the account prior to them embarking. As far as the unionization goes, I don’t think the language specifies any kind of requirements on unionization of union employees.”

“It’s a pilot program. It’s a pilot program…” 09400113.doc 51  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“We have a state agency that’s involved in developing job programs and encouraging employment. This is a pilot program to try to help boost low-paid workers in the health care industry to get better jobs. I would hope that you would support that and I think that you understand that there is a shortage in the health care industry and this is a small amount of money in a pilot program…”

“Well, let me… let me say this. A hospital employee could go to community college to get advanced training that will help them get a better job. In the legislation, Representative, it… it highlights six issues that give DCEO the guidance into what they specifically should do in creating the pilot program. Again, it’s a voluntary program that health care industry companies can choose to participate or not. So, quite frankly…”

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

“He indicates he’ll yield.”

“Yes.”

“Yes.”

“They did not and I was not privy to the, ya know, I’d have to check with the department, Representative Black, about the additional employees that would be hired. That is something that your staff is bringing to you and something I’d have to verify with the department.”

“I would agree that there’s a need for more nurses in those hospital settings as well as a lot of other hospital settings. The goal with this legislation is to try, Representative Black, a pilot program that will get some of those low-paid workers that work in the health care industry, people that are medical assistants that may only have a high school diploma and try to get them into higher paying jobs like going into the nursing profession. There are a lot of programs that offer scholarships for nurses. This is a… this is a pilot that’s aimed at some of those people that maybe aren’t able to take advantage of that, to get them to boost themselves up so that those places that 09400113.doc 54  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 have shortages, down the road, will be able to fill those vacancies.”

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

“Representative Osterman to close.”

“Thank you, Mr. Speaker. I wanna thank the previous speakers for their input. I think all of us understand that the health care industry, specifically the lack of nurses that are there in hospitals and in other places for our elderly, we need to try to get more people to go into the health care industry. This is one idea, one pilot program, to try to get low-paid workers involved. I wanna point out that it’s leveraging private dollars from the companies that choose to participate as well as the funding 09400113.doc 56  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 from the employees themselves. I think this is a good initiative to try to help us get more people into the health care field. And I’d ask for an ‘aye’ vote.”

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 104 voting ‘yes’ and 8 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Cross, for what reason do you rise?”

“Representative Flider, you have Senate Bill 2962. Mr. Clerk, read the Bill.”

Speaker Hannig: “The Gentleman from Macon, Representative Flider.” 09400113.doc 57  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“Thank you, Mr. Chairman, Ladies and Gentlemen of the House. Senate Bill 2962 would require that those who are convicted of a sex offense must renew their driver’s license annually. The way it would work is that upon conviction the license would be revoked until the person who was convicted renews it with the Secretary of State. And that provision would make it consistent with existing revocation provisions within the law. The person who is convicted of a sex offense would also be required to renew their license annually. This provides safeguards for law enforcement, insures that the address is sufficiently re… registered with the Secretary of State’s Office and therefore, with law enforcement. This Bill passed the Senate 58 to 0. I’d ask for your support.”

“The Gentleman has moved for the passage of Senate Bill 2962. And on that question, the Gentleman from Cook, Representative Fritchey.”

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

“Indicates he’ll yield.”

“Representative, let me ask you, with all due respect, what the nexus between having a sex offender register annually for… I mean, all right…”

“Yeah.”

“I don’t really see what this does other than make more work for the Secretary of State’s Office.”

“Well, what happens is that it’s an additional safeguard for law enforcement. And so, it’s a requirement that a person who be convicted of such a crime would make sure that their correct address is registered with the 09400113.doc 58  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 Secretary of State’s Office which, therefore, then is available through the law enforcement system.”

“But they’re required to do this already through the registration provisions of the sex offender registry and if they’re not gonna comply with the underlying registry, what leads you to believe that they’re gonna comply with the annual renewal of their driver’s license with accurate information?”

“Well, it’s an extra safeguard, an extra check. Right now, a person would not need to renew their driver’s license ‘til every 4 years, so theoretically there could be two different addresses on official records. So, what this is… really does is just a safeguard.”

“Well, you’re right, there could be two different addresses and the ones that control, for all purposes of tracking sex offenders, is the official database, not the Secretary of State driving records. So, if there were two different addresses, law enforcement still goes by the database, correct?”

“Well, let’s just say that… and certainly that could be the situation… but let’s just say, for example, in a worse case scenario where law enforcement was needing to contact somebody as a witness or who may be involved or perceived to be involved in a crime, then this would absolute… actually give law enforcement a location in which to make sure that they could know that a person was residing, if and in fact, if they were checking the Secretary of State’s system.”

“All right. To the Bill, Speaker.” 09400113.doc 59  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“To the Bill.”

“Ladies and Gentlemen, we have seen… Let me preface this. I’m… I’m in no way questioning the Sponsor’s good intentions here. We have seen probably well over a dozen Bills this year of doing various modifications to the law under the guise of cracking down on sex offenders. Nothing in this legislation helps law enforcement track them down, we already have that in place; nothing helps… nothing in this Bill helps prevent these cases, that’s not what this Bill’s about; these types of Bills come flying out of these chambers, comes flying out of this chamber because nobody wants to be perceived as soft on this issue or not tough enough on crime or having compassion for sex offenders. But at a time that we are trying to make some sense out of the Criminal Code, to throw more legislation in here and more administrative bureaucracy on something that has no relation whatsoever to the underlying registry, to the purpose of the registry, really doesn’t make any sense. This is not a ‘get tough on crime’ Bill. This is not a reform Bill. Again, with all… all respect to the Sponsor, folks, we are… we are simply making more of a mess of an already convoluted Criminal Code. I request a ‘present’ vote. Thank you.”

“So, we’ve had one speak in favor, one in opposition. Representative Ramey, you’re next on the list.”

“He indicates he’ll…” 09400113.doc 60  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“Well, that would be the person who would be renewing the license.”

“Well, whatever the cost is to renew a driver’s license.”

“So that would be $10 a year.”

“Yes.”

“Okay. Representative Molaro, do you rise in support or in opposition? In support. Okay. Representative Molaro, 5 minutes.”

“Thank you. There’s been a subcommittee that we formed that… Patricia Lindner’s idea, that she’s gonna be the cochairman of… well, what we’re gonna do with all these sexual crimes. I… I’m supposed to be a lawyer and know this and I’m totally confused on what we’ve done over the past 3 or 4 years when it comes to sex crimes, predatory, nonpredatory, sexual offender’s list, predatory offender’s list. There are so many lists out there I’m gettin’ confused. Pat Verschoore has some good… good language that talks about what Iowa’s done and what it does to the border counties, as far as the 500 foot rule, should it be 501 feet, does that make people feel safer, 495, we don’t feel as safe. I mean, it’s getting ridiculous out there. 09400113.doc 61  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 However, let me say this about this Bill. Of all the ones that came forward, I think this is a pretty good idea because all… all it does is this. You read the Sun Times recently, the Tribune they did a expose of trying to find out where a bunch of these sex offenders are living. They can’t find maybe 2 thousand of ‘em or 3 thousand of ‘em because they’re not reporting like they should and they’re not keeping their addresses. We don’t know where they’re at. This, however… Let me tell you this. I bet ya out of those 3 thousand 25 hundred of ‘em have a driver’s license and they don’t have to renew it for 3 or 5 years. I think this is a good way to try to keep track of those fellas and where they might be and saying, listen, at least once a year, if you’re a sex offender, come in and tell us where ya live so we can cross-reference what the sex registry has and what the Secretary of State has. I think that makes sense, but this is a Bill that we’ll also look at when we form this subcommittee and see where it’s at. But I think it’s a good idea. The only one that seems to have a lot of common sense. Where the other ones seem to be just tough on crime, this seems to be some nexus as to what we like to do and find out where these sex offenders are living because, as you saw again from all the papers, nobody knows where they’re at and this is maybe one way of finding out where they are. Thank you.”

“Representative Franks.”

“To the Bill. Thank you, Mr. Speaker. I wanna commend the Sponsor for bringing this forward. And the reason why I think this is so important is I’ve had some instances in 09400113.doc 62  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 my district and I’ve had some of my constituents ask for us to require new photographs every year for those on the sex offender list because oftentimes these folks look much different. Now, this Bill accomplishes two things. They get a photograph every year plus we get a good address and oftentimes the addresses aren’t good. So, I think this Bill accomplishes two goals. It’s done very succinctly. It’s done not over-the-top. It’s not overbearing. I think it’s an excellent Bill and I’ve heard other speakers who didn’t support it and I respectfully disagree. I think this is a Bill we should all be voting for because you… this Bill will accomplish many goals with very little cost.”

“So, Representatives Flider, Molaro, and Franks have spoken in favor and Representative Fritchey and Ramey in response. And Representative Flider’s now recognized to close.”

“Thank you, Mr. Speaker. And… and I wanna thank my colleagues for your comments on this Bill in particularly those of you who would support this legislation. This really, when you think about it, is commonsense legislation. We go back to our districts and we talk to the different people in our communities, maybe it’s because of the national publicity, maybe it’s just because there are certain kinds of instances of more… where this kind of crime is… is more pronounced or seems to be very prevalent in certain circumstances. The public is expecting that we are going to provide safeguards that protect children, protect people from circumstances that were avoidable. And 09400113.doc 63  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 so, in this instance, we’re just requiring a very simple thing. We’re requiring that annually those who are… would be convicted of a sex offense to renew their driver’s license. And it’s… it’s a safeguard for law enforcement and it’s an extra measure that we can take in society and I think, as one of the speaker’s indicated, it’s certainly is a step in the right direction and has a number of good purposes. So, I would ask for your support and hope that everybody joins with me in voting for this legislation. Thank you.”

“The Gentleman has moved for the passage of Senate Bill 2962. And so the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Gordon, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 110 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Smith, you have Senate Bill 3011. Oh, excuse me. Representative D’Amico, for what reason do you rise?”

“State your point.”

“Welcome to Springfield. And Representative Black, for what reason do you rise?”

“State your inquiry.”

“Representative Stephens.”

“Representative Bost.”

“Representative Molaro.”

“I know you’re giving me that look, Mr. Speaker, but… but I don’t know if I could help it. First of all, if… if these people who just spoke wanna talk about what’s the best way to fund it, they can argue that all day long. Maybe they’re right, maybe we were wrong last year. We’ll certainly take a look at it as we move forward and we move into the next Session. They have every right to come up… if they come up, every right to say, let’s do it now, let’s fund it differently. What you did last year was wrong. They can say that all day long; they have every right to say it; they have every right to come up with their ideas and say our idea was wrong. The only thing that I must caution ‘em on is that I think they know that the way we fund it has nothing to do with the payouts. Nobody who’s 78 years old, who’s home now, is listening to this should not sleep at night because they may not get their pension check. That’s wrong; that’s irresponsible even to hint at that. It’s constitutionally protected. Everybody who’s retired today and they’re getting their checks, that was pointed out, will continue to get their checks ‘til the day they die and so will their spouses and so will their children. Now, could someone say we’re funding it wrong, 09400113.doc 68  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 absolutely, I screamed about their plan in ’95, they can scream about our plan now. Maybe they’ll prove to be right, maybe we’ll prove to be wrong. But nobody who is retired right now is their pension check and we shouldn’t stand here and tell these people who are 78, 80 years old that their pension checks that mish… are in jeopardy. That’s not true and we all know that. Thank you.”

“Representative Biggins.”

“Representative Meyer.”

“Representative Lang.”

“Well, thank you very much, Mr. Speaker. Inquiry of the Clerk.”

“State your inquiry.”

“Mr. Clerk, have we been working on a Bill for the last 30 minutes?”

“We’re on the Order of Personal Privilege, Mr. Lang.”

“Well, that’s interesting. Those didn’t sound like personal privilege to me, they weren’t even as exciting as when we have a school group in the gallery. Mr. Speaker, Ladies and Gentlemen, ya know, maybe it’s time that we instituted a rule like they have in the United States Congress when… when the business is over we all get to say what we wanna say and record it for posterity. I don’t know what the last half hour was about, but it sure was a waste of my time and I think it was a waste of your time as well. There was no Bill pending. Personal privilege does not involve pontificating about pensions or whatever seems to be on your mind at the moment. We’re here doing the business of the Illinois House of Representatives, we’re going through the Calendar. I don’t know why this is an opportunity for anybody who feels like it to stand up on the floor of the House and say anything they like about any topic that’s on their mind at the given moment. When did we devolve into that in this General Assembly? Mr. Speaker, don’t you think it’s about time we passed a rule 09400113.doc 72  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 like they have in Congress so that people that wanna say something can say it during perfunctory time. We can record their comments. Perhaps we can send it to all of their constituents on their behalf. Perhaps we can send it to all the people that they’ve had calling our offices, worried about their pensions when we all in this chamber know well that there isn’t a single, public pensioner that’s going to fail to get their check because the Constitution of the State of Illinois requires that they get their check. So, what have we been talking about here for the last half hour, political speeches? If they wanna make political speeches about pensions, let them call a press conference and do it. If they wanna make a political speech about pensions, let them make it in the context of a Bill we’re working on. This was all out of order. Mr. Speaker, I would suggest that when Members have a comment they wanna make that’s not germane, that’s not on point and is definitely not a point of personal privilege, that the Speaker declare them out of order and ask them to make their speech out in the hallway. Thank you very much.”

“Representative Sacia.”

“Representative Rose.”

“Representative Mulligan.”

“Representative Pritchard.”

“State your point.”

“Representative Winters.”

“Representative Franks.”

“I appreciate the debate. I… I wish we did this more and to talk about these things. We brought up a lot of good issues on a lot of things. I think it shows the process or the problems with the process. One thing that many of us have talked about on each side of the aisle is talking about school funding reform. We have many different ideas because we have… we’re a very vast state. I would like to see a… a Special Session of the Legislature only dealing with school funding. We should have these types of discussions. What concerns me though is the sniping back and forth. I don’t think we need to do that. I think we can talk about this in a less partisan way. And I guess my concern as well is we were looking at a… an adjournment or a potential adjournment, it’s not gonna happen now on Friday which is a good thing because we haven’t been able to talk about a lot of these things, but what I’m worried about is the leadership of a Governor who hasn’t been here this week and we’re supposed to be down and done on Friday. We need to have him here to talk to us about these issues. Now, I think that’s too much to ask if 09400113.doc 77  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 we’re trying to come to a solution. I talked to Representative Beaubien the other night, we were trying to talk about ways we can make the budget better, and he said that he has not been contacted or Representative Cross has not been contacted yet by the Governor’s Office and I think that’s wrong when we’re supposed to be adjourning soon. So, what I’d like to do is let’s bring the Governor in and let’s talk about these things and let’s have this real discussion that we oughta be doing. And… because I think there’s a lot of things that have been said that have a lot of merit, but I think we can do it if we work together. But let’s bring the Governor here. We need to have him here to get this done. Thank you.”

“I think we’ve batted around, Representative Black. You’re back up.”

“Representative Stephens.”

Speaker Hannig: “You can rise on a point of personal privilege.”

“Proceed.”

“Representative Bradley.” Bradley, J.: “A point of personal privilege.”

“State your point.” Bradley, J.: “I got some folks here from the City of Carterville. If you guys wanna stand up here. Thanks for comin’, guys.”

“On page 5 of the Calendar, under the Order of Senate Bills-Third Reading, is Senate Bill 3011. Representative Smith, do you like us to read that Bill? Mr. Clerk, read the Bill.”

“Representative Smith.”

“Thank you, Mr. Speaker. Ladies and Gentlemen, this is a… this is a Bill from the State Fire… at the request of the State Fire Marshal’s Office. It cleans up a number of provisions regarding our statutes on boilers and pressure vessels, makes a number of administrative changes. And I’d be happy to answer any questions.”

“The Gentleman has moved for the passage of Senate Bill 3011. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Coulson, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having 09400113.doc 83  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 received a Constitutional Majority, is hereby declared passed. Senate Bill 3076, Mr. Miller. Mr. Clerk, read the Bill.”

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

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill, as it relates to law enforcement… not in terms of pension, not in terms of educational funding, but however, I believe, it’s something that we all should support. This Bill stems from a incident that happened to a gentleman from my district which he was stopped by the police and it’s uncertain on which the circumstances exist. And so what this does is create the Law Enforcement Camera Grant Fund. It adds a dollar to… to every $40 or a fraction thereof of a fine imposed for a criminal or a traffic offense except for offenses relating to parking or registra… excuse me… registration or offenses by a pedestrian. With this fund municipalities can apply to seek grants to provide cameras in police cars which are estimated a cost of about $4 thousand. I’d be happy to answer any questions to the best of my ability and I wish your support.”

“The Gentleman has moved for the passage of Senate Bill 3076. And on that question, the Lady from Kane, Representative Lindner.”

“He indicates he’ll yield.” 09400113.doc 84  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“No.”

“Has any other states done this?”

“I don’t know.”

“No, I don’t know.”

“Representative Lindner.”

Speaker Hannig: “Is there any further discussion? Then Representative Miller to close. Representative Miller, do you wish to close?”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I just wish to support this legislation. Thank you.”

“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 105 voting ‘yes’ and 7 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. We’re gonna… we’re gonna return to a few Bills that we passed over on Third Reading. Excuse me. Representative… Okay. On page 3 of the 09400113.doc 85  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 Calendar, Representative Burke has Senate Bill 2255. Mr. Clerk, read the Bill.”

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

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 2255 deals with the Water Reclamation District and the opportunity to correct a exclusion that occurred in previous legislation and it would hope to include the position of assistant director of personnel on the select list of positions exempt from formal civil service exam requirements. This is a trailer Bill to correct the inconsistency in the District’s Act created with the passage of Senate Bill 288 in 2005. This Bill, amended, would include the position of, again, assistant director of personnel to the list of positions exempt from formal exam who are appointed by the general superintendent and serve 1 year probation in lieu of exam. I’d be happy to answer any questions.”

“The Gentleman has moved for the passage of Senate Bill 2255. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flowers, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 112 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional 09400113.doc 86  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 Majority, is hereby declared passed. Representative Black, you have Senate Bill 2899. Mr. Clerk, read the Bill.”

“The Gentleman from Vermilion, Representative Black.”

“The Gentleman has moved for the passage of Senate Bill 2899. And on that question, the Gentleman from Winnebago, Representative Winters.”

“Indicates he’ll…” 09400113.doc 87  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

Speaker Hannig: “Is there any further discussion? The Gentleman from… from Macon, Representative Flider.”

“Yes. Mr. Speaker, a point of personal privilege.”

“Well, we… we usually do personal privilege after we do the Bill. So…”

“Well, I just wanted to say that after this… after discussion on this Bill… Bill, there will be a meeting of the Bob Caucus in the back of the chamber.”

“I see, Representative. Is there any further discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? 09400113.doc 89  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 Have all voted who wish? Representative Yarbrough, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 3 of the Calendar, under Senate Bills-Third Reading, is Senate Bill 1705. Mr. Clerk, read the Bill.”

Speaker Hannig: “Representative Scully, would you like to present this Bill?”

“Yeah.”

“Proceed.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I’d like to present to ya House… Senate Bill 1705. This is a Bill for… to create real-time pricing as an option for residential consumers. Under this program, consumers would have the option to elect real-time pricing and thereby purchase their real… their electricity not on a fixed rate for the year, but rather as the rates fluctuate during the year. There’s been several Amendments. The most recent Amendment, the entire program has to be approved by the ICC. And we ask for your favorable consideration.” Speaker Lyons, J.: “Representative Joe Lyons in the Chair. The Chair recognizes the Lady from Cook, Representative Carolyn Krause. For what reason do you seek recognition?”

“It’s a similar preni… premise, Representative. The difference is that the… with telephone services it is predictable and contracted as to when…”

“…you would have the reduced rates. Under real-time pricing for electricity, we can predict with a certain degree of reliability when electricity is going to be cheap. It’s gonna be cheap at night. It’s gonna be expensive during the peak times such as the summer… summer during the day, when people are using air conditioning.” 09400113.doc 91  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“And this will give people, the consumers, the option to go to real-time pricing.”

“That’s correct.”

“That’s correct. The consum…” 09400113.doc 92  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“That’s correct. The technology now exists that… where it’s practical for… to offer this to consumers and to give the consumers the ability to learn what it… how expensive electricity is, how much the cost varies depending upon the time of day and the time of the year and to give the consumer, the person who is actually the electricity, to make a decision on how much of electricity they’re going to use…”

“…based upon the price.”

“Thank you.”

“Yes.”

“There… there is… We know of no opposition to this, organized or otherwise.”

“If… if they are with a… a cooperative utility that has less than a hundred thousand users, yeah, they would be exempt from this.”

“That’s correct that there is no guarantee of lower power, but and certainly a person can do some basic research and find out whether they are likely to be better off under real-time pricing. For example, a person who truly does have to use, has a high need for air 09400113.doc 94  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 conditioning during the day during the summer or has a need to do laundry during the summer during the day, those are probably going to be the peak price periods…”

“…and buying electricity during those periods is going to be expensive. Conversely, they will also reap the benefit of buying electricity on a day like today when electricity’s probably very inexpensive today. There’s very little burden on the system today because air conditioning systems are not turned on.”

“I’m sure the answer is ‘yes’.”

“Representative, the utility would have the… the right to ask the ICC to pass on a portion of that cost. If the ICC finds that the people who are not participating in the program are enjoying lower prices because of the overall increase… excuse me… the overall decrease in demand. The overall… the goal of this is to create decreased demand and all of the cost savings that go along with that. And the ICC would have the authority to approve passing on the cost to nonparticipants, if the ICC finds that those nonparticipants are also enjoying lower cost.”

“That… that’s correct. And the cost savings to you as a nonparticipant would be the cost savings resulting from an overall drop in demand and anytime we can drop the demand for electricity, we are going to drop the price significantly.” 09400113.doc 97  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“Yes.”

“Thank you, Representative.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Macon, Representative Bob Flider.”

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

“Representative, could you tell us what consumer protections have been discussed and may be included in this provision?”

“The primary consumer protection that is built directly into this Act, this Bill, is the oversight of the OC… of the ICC to make certain that the program only goes forward if, in fact, there’s a finding that the cost savings is a reality. Now, as we analyze the problem of providing electric utility, when we analyze what creates the higher marginal cost, it is clearly caused by higher marginal use of electricity. During the peak periods of electric utility use, the cost of electricity skyrockets. It increases exponentially with use during peak time periods. What we are hoping to accomplish is making all… a major portion of the consumer public aware of how much higher this cost is and giving people the ability to reap the savings of not using electricity during those peak periods when the cost is so high.” 09400113.doc 98  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“Will there be an opportunity for a consumer to sign up for this or at least have a… an opportunity to monitor it to determine whether it’s, in fact, beneficial to them? My concern is this. A consumer may… There used to be a thing called time-of-day rates and if you used your washer and dryer and so on, all your high energy usage implements during the high peak power time of the day, then it actually cost the utility more to… to provide you with service, so therefore, it was more advantageous and utilities provided an incentive to… for consumers to use their power during nonpeak periods and so the cost was higher during the peak usage periods. And here, however, we’re really putting the onus on the consumer and if the consumer were to make a mistake, say, in the afternoon of running their dryer, let’s say a hot summer day, air conditioners are humming, businesses… industries are using the power, the price of power is high. Is there a way for a consumer to know, under this plan, that if their appliances or their air conditioner were to kick in that their price could actually be exorbitant? Or let’s just say that and that would be the first part of the question. The second part of the question is, let’s just say that this is too hard for them to monitor, could they get off this system or would they be forced to stay on it for a period of time?”

“They are forced to stay on it for a period of time, but those periods are gonna be determined by the ICC. I think this program is going to be much more attractive to the people who are… have the ability and the willingness to 09400113.doc 99  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 monitor those rates effectively. And on a practical basis, Representative, we can already predict who are the people who are likely to benefit from these programs. For example, people who are not at home during the day, people who are not using electricity in their home during the day are gonna reap the greatest benefits of this program. People who have… who live in their home every day are using electrical appliances including air conditioners and washers and dryers during the day. Those are the people who are… who should probably stay away from this program. And even without knowing what the prices are going to be for the next year, we can already predict that those people should stay away this program.”

“One concern that one… we might have would be that, ya know, we’re probably aware of in the past that many industrial customers had signed up for what were called ‘interruptible rates’ and if the price of power were to surge or the availability of power were not there during the summer months, then the utilities used to have the option, under those contracts that industrial customers would sign, to actually say, you need… you need to stop using power right now. You need to stop your operations.”

“Sure.”

“And the benefit to the industrial consumer, obviously, was that it was a cheaper contract because year-round, if they would agree to that interruptible rate, they would actually year-round get a better deal. However, during those times when the rate was cut, when the power was interrupted, ya know, we Legislators or others might hear 09400113.doc 100  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 from them saying, hey, they’re cutting off our power. Can they do that? Of course, the answer is, well, you signed the contract, you should have known better. And my concern here is that we may be getting into a situation here on the residential standpoint that somebody may think, hey, this is a pretty good deal. Ya know, they’re gonna offer me these low rates off peak and then suddenly find that, oh, I wish I’d have read the fine print because during the hot summer day not only did my power go up by 2 cents or 4 cents, it went up by 28 cents a kilowatt hour because I wasn’t watching or I… I wasn’t aware of that. And I’m concerned we may get some calls without some safeguards or provisions like that.” Speaker Lyons, J.: “Representative Flider, your time has expired. If you can conclude your remarks, we’d appreciate it.”

“Thank you, Mr. Speaker. I just wanna be able to say that I think we have thought about all those kinds of issues and things and perhaps even direct the Illinois Commerce Commission to allow consumers an opportunity to determine whether this might not have been a good idea. If this is a good idea, that we’re moving into an experimental phase, then we oughta be able to allow a consumer to have the right to perhaps to opt-in and if they find it’s not for them to opt-out. I don’t think that would hurt the pla… the utilities. I think it would… they’d be able to, on their planning horizon, determine just how beneficial it might be, how much load they’d have to plan for under these circumstances. I just worry a little bit about consumers 09400113.doc 101  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 perhaps maybe walking into this without… blindfolded, without really knowing the full ramifications. Thank you.” Speaker Lyons, J.: “Representative Scully to close.”

“Thank you, Mr. Speaker. I would… I’d appreciate your splay… support for this Bill. I certainly enjoyed the debate on this issue to give consumers a choice to go to real-time pricing as opposed to the average type pricing that’s… they’ve been subjected to for the past several years. I’d ask you to make this option available to the people of the State of Illinois. Thank you.” Speaker Lyons, J.: “The question is, ‘Should Senate Bill 1705 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin, Representative Gary Hannig. Mr. Clerk, take the record. On this Bill, there’s 113 Members voting ‘yes’ and 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 4 of the Calendar, Representative Terry Parke has Senate Bill 2774. Representative Parke, 2774. Read the Bill, Mr. Clerk.”

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

“Representative Parke, I’d like to know who’s against this Bill. Are you sure no one is against this Bill?”

“Are you sure no one…”

“Are you sure no one’s ever been against this Bill?”

“Has anyone ever…”

“Did anybody…”

“Did anybody ever come to committee to talk on this Bill?”

“How was the year, the sunset date, the new sunset date determined?”

“Yes.”

“Well, ‘til what? What… what was that date, 2017?”

“Well, so that’s 11 years from now.”

“So, how many other Bills have you done an analysis of how many other Bills have an 11-year extension? And why is… why is it not…”

“Oh.”

“Well, why is… Oh, so this is…”

“So, this is not actually going to sunset until 2007?”

“So, why are you doing it this early, Representative?”

“Well, don’t you have any other major Bills that you’re considering this year besides these merely Bills that would, you know, keep you engaged that you wouldn’t have to do this a whole year early?”

“Well, I don’t know. I… I really think…”

“I… I really would encourage the Legislat… the entire Illinois House to consider this Bill carefully. I don’t know if there’s ever been opposition to it or whether it’s controversial, but I think this Sponsor is a bit suspect 09400113.doc 104  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 for bringing these heavy duty Bills to us a year early when we have so many other things that we should be working on. And I… I don’t know. I would encourage at least a ‘present’ vote.” Speaker Lyons, J.: “Representative Parke to close.”

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

“Thank you. You mentioned economic diversification. Can you please clarify what that means?”

“I’m sorry, can you repeat that? I just… we didn’t hear the last part of that.”

“So, as far as economic diversification, it has nothing to do with diversifying different types of businesses, large or small, into the global economy?”

“There are large manufacturing companies and small manufacturing companies here in the State of Illinois. There are minority manufacturing companies, there are majority manufacturing companies. When you use diversification, it could mean any of those. It could 09400113.doc 107  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 mean… here in Illinois it could mean or across the state or I think the intention of the legislation means globally. So… or dealin’ with global competitive marketness, which I’m all for. I just wanted your definition of what you intended for the purpose of this to be… for the commission to be when you’re talkin’ about economic diversification.”

“Okay. So, it’s not… you’re… you’re not sure. Diversification can mean any of this… any of this… anything. Is that correct?”

“No. All right. The intent… the intent, just to make sure… I guess, my… my point to you, Representative. I think it’s a good Bill. I’m all for it. Ya know, once again, myself and others represent the south suburbs, ya know, the business opportunities, I’ve mentioned already, minority vendors in types of diversification. Many are interested in a global market. And so, that’s all I’m trying to get at. Is the commission or committee, if you’d say, I promise or your legislative intent is to help 09400113.doc 108  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 address some of those issues then… then I… then I’m 200 percent for this.”

“So, your legislative intent is to help small and large minority and nonminority, women-owned, and all the other that goes under the spectrum to get into a global market?”

“Okay. Thank you. Support the legislation everybody.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Knox, Representative Don Moffitt.”

“Thank you, Speaker and Members of the House. This is an Amendment that would say that in Cook County where we have the expanded homeowner’s exemption, often called the 7 percent solution, we would like to be able to identify residential owner/occupiers whether under this system they are winners or losers or, in fact, their taxes turn out to be the same. We’ve had a report from the University of Illinois Institute of Government and Public Affairs that identifies somewhere between 25 and 33 percent of 09400113.doc 110  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 owner/occupier residences in the county of Cook as people whose tax bills actually are higher because others are taking advantage of the expanded Homestead Exemption. Similar reports came from a study commissioned by the Chicagoland Chamber of Commerce. All this Bill does is… this Amendment does, it would become the Bill, would be to say that every residential owner/occupier in Cook County during the remainder of the period of time during which the 7 percent solution is in place would know when the bill arrives whether he was a plus, a minus or a zero. I’d be happy to answer your questions. And I’d appreciate your support for adoption of this Amendment.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative John Fritchey.”

“Thank you, Speaker. Will the Majority Leader yield?” Speaker Lyons, J.: “She indicates she will.”

“So, this… this notice then would come out on the reassessment, correct?”

“No, on the tax bill.”

“Oh, on the tax bill. Now, the 7 percent Bill has been in effect for a couple of years…”

“Yes.”

“…it’s due to sunset, so…”

“Next year. It’ll sunset next year but for the tax bills that arrive before then, the information will be available to every owner/occupier whether…”

“Then…”

“…that household won, lost or stayed the same.” 09400113.doc 111  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“As you’re aware, we get our tax bill in arrears, so I just got my tax bill for the first half of ’05 and just paid that last month.”

“Late…”

“Okay. The next tax bill I will receive will be for the second half of ’05…”

“Right.”

“…that will come out in September. This wouldn’t be applicable to that.”

“Yes.”

“It would or would not?”

“Should be.”

“Oh…”

“Yes.”

“…what’s the effective date on… on the…”

“Pardon me?”

“What’s the effective date of this?”

“Yeah. I… I… Our intent was to cover that tax bill.”

“Excuse me?”

“Our intent is to cover that tax bill.”

“The tax bill for the second half of ’05?”

“Right.”

“Okay. Because when I was… what I was trying to asc… what I was trying to ascertain yesterday, and couldn’t get an answer to, was if this was for the reassessment period, the only area that hasn’t been reassessed would be the south suburbs, this being Cook.”

“And this will be information available to them as well. But this is the third year of the operation of the 7 09400113.doc 112  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 percent solution so it will still have an impact on tax bills in the City of Chicago.”

“And given that, so this will show me on the second half of ’05 whether my taxes are lower than they would have been…”

“Without the expanded Homestead Exemption…”

“Okay.”

“…whether they’re higher, whether they’re lower, whether they’re the same.”

“And then what… and then what’s… what’s the intention. What are we gonna do with that information once we have it?”

“I think the point is to make sure that the taxpayers have… have access to that information. We want a transparent, an accountable system. People have been told this is really good for them. This is a way of making sure that individually they can assess whether they are, in fact, better off, worse off or stayed the same.”

“All right. Thank you. To the Bill. Ladies and Gentlemen, people can throw around numbers on this issue all they want. The reality is, as far as I understand it, approximately 80 percent of residential homeowners in Cook County saw a benefit as a result of this Bill. Without speaking to the merits of the Amendment itself, I… I would hope that we could address what is as much a housing issue, as it is a education funding issue, as it is an economic development issue, if we are not going to take on the task of how we fix and how we fund schools. We have to deal with the fact that homeowners are being forced out of their 09400113.doc 113  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 homes as a result of escalating property taxes and if we’re not gonna tackle the big picture on how to fix that problem, the short-term picture is to reenact the 7 percent legis… legislation that was proposed, previously. I hope they would put the same amount of time into trying to get that Bill moved this year as to the rest of these items. Thank you.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Lake, Representative Sullivan.”

“The study was quite in-depth and I think it did tell us that there were a distinct group of people who paid more in taxes, residential… homeowners who paid more in taxes because of the 7 percent solution than we had anticipated. More people paid less according to that study, but there was a very significant amount, I think 25 percent, 30 percent and more if you include seniors who are eligible for the property tax assessment freeze. So, they did tell us that it’s not a win-win, there are losers, there are winners and this… this Amendment, this Bill, is about making sure that people know whether they’re ahead of the game or behind the game or standing still.”

“This is not a…”

“…this is not a report. The report is complete. This… this Amendment, this Bill, would say that on the property tax bills in the county of Cook every residential owner/occupier would be given information about how that particular residence fared given the 7 percent solution. Did they pay more; did they pay less; did they pay the same? We know there are winners and losers. This says to our people back home will be able to tell whether they, themselves, were winners or were losers.” 09400113.doc 115  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“We would like a little transparency, accountability. That’s exactly what this is about.”

“Yeah. Yes, I will.” Speaker Lyons, J.: “Representative Krause, she indicates she will.”

“We filed the Amendment yesterday, but we had talked about it earlier. We are still asking questions of the county clerk and the county treasurer.”

“We are… First of all, obviously, not calling this Bill on Third Reading today.”

“We, too, have reached out to the treasurer and to the county clerk as well as the assessor’s office. At this moment, our information is that the costs of doing these two calculations is not significant. We are still investigating what kind of timetable would result with particular attention to the questions you raised about the timely payment…”

“…of dollars to school districts.”

“Right. We will do our best to find the… that information. Nobody here wants to hurt the school children or the school districts.”

“Today.” 09400113.doc 117  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“Well, as I said, we’re not calling it today and we’re working to get that information, some of it is already available.” Speaker Lyons, J.: Representative Currie on the Amendment.”

“I’d like to withdraw this Amendment. I felt the second Amendment was just a technical change, but in fact it incorporated all of Amendment 1. So, if I could withdraw Amendment 1 and the vote should be on Amendment 2…” Speaker Lyons, J.: “Mr. Clerk…”

“…which is everything I described.” Speaker Lyons, J.: “Mr. Clerk, on request of the Sponsor, withdraw Floor Amendment #1. Any further Amendments?”

“Thank you. It’s the same Amendment I just described with the one word change, a technical correction.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy.”

“This is not a Bill about a study. The study has already been complete, done by the University of Illinois Institute of Government and Public Affairs. You might wanna address that question to them, but my understanding is that there was no impact on general state aid because of the adoption by the Cook County Board of the 7 percent solution. But you might wanna address the authors of the University of Illinois study to see if they can give you further clarification.”

“This… this Amendment, which would become the Bill, would say that every tax bill going to a residential owner/occupier in the county of Cook would indicate whether that particular taxpayer paid more, paid less or paid the 09400113.doc 119  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 same given the adoption by the county board of the 7 percent solution.”

“The point is that the state aid formula was held harmless by the adoption of the expanded homeowner exemption.”

“But I don’t think that would have affected the limiting rate. Again, I would suggest you address your questions to the office of the University of Illinois study.”

“No, no, no. What I’m saying is, the state did not pay more because of the 7 percent solution.” 09400113.doc 120  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“That would…”

“…they… This stay… it was not the school districts that were held harmless, it was the state general state aid formula that was held harmless.”

“No, I’m saying…”

“No. No, no, no.”

“I’m saying exactly the opposite. When this… when this measure passed, the… the language was drafted so that it would not give a school district greater access to the school aid formula than it had had in the prior year.”

“Okay. That’s fine. Yeah.”

“Good. Thank you.” Speaker Lyons, J.: “The Chair recognizes the Lady from Cook, Representative Carolyn Krause.”

“Our staff has already reached out to all of those entities to try to see what their reaction to the specific language is, how they think they would implement it, how much time it would take and what it would cost. So, we anticipate…”

“…we anticipate, I mean, for example they’ve told us already they do not think there would be a significant cost to doing the dual calculation. The timetable, we’re still investigating.”

“We’ll work our best to get a written statement.”

“Thank you.” Speaker Lyons, J.: “If no one’s seeking further recognition, all those in favor of adoption of Floor Amendment #2 signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Floor Amendment #2 is adopted. Any further Amendments, Mr. Clerk?”

“Thank you, Speaker and Members of the House. This… this measure would see to it that sign hangers and maintenance workers would be eligible for the alternate pension formula in both the Department of Transportation and the Toll Highway Authority. And the idea here is to bring parity to people who work in those occupations whether they work at the Department of Transportation or they work at the Toll Highway Authority. You will remember that we adopted certain reforms last spring with respect to future pension benefit guarantees. Those reforms are incorporated in this Amendment so that these are changes that would be going forward. They would not be able to go into the alternate formula retrospectively and both the individuals and the systems would have to bear the full cost of the new benefit. I’d be happy to answer your questions. This proposal is all about equity and it’s all about the future. And I certainly hope I will have your support for the adoption of this Amendment.” Speaker Lyons, J.: “No one seeking recognition. Those in favor of Floor Amendment 1 should signify by saying ‘yes’; those 09400113.doc 123  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 opposed say ‘no’. All those in favor signify by saying ‘aye’. The ‘ayes’ have it. And Floor Amendment #1 is adopted. Any further Amendments, Mr. Clerk?”

“Thank you, Mr. Speaker. Mr. Speaker, this is on Amendment #2?” Speaker Lyons, J.: “Floor Amendment #2.”

“Thank you, Mr. Speaker. Floor Amendment #2 deals with a problem that we encountered in debate in committee with Senate Bill 2349. House Amendment #2 makes two changes. It makes two additional changes that were following discussions held in the Consumer Protection Committee. The first is a clarification of the definition of ‘distressed property purchasers’ to insure that the Bill does not cover traditional real estate investors. The second Amendment will allow a homeowner facing foreclosure the option to sell his or her home to the purchaser for less than 82 percent of mark… of fair market value as long as the transition results in the homeowner ultimately being able to buy their home back as initially promised by the mortgage rescue firm that’s conducting the sale of… of the conveyance of the deed. Basically, they would have 1 year 09400113.doc 125  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 to pay back the loan at 125 percent of the amount that’s borrowed. What happened in committee when we initially discussed this Bill was that they had to pay 82 percent of the fair market value of the home. This will allow a mortgage rescue firm to purchase the home at whatever price they would agree upon at 125 percent of the price which basically makes it a 1-year loan at 25 percent. And while that fee is somewhat usurious, at the same time on the back end, 82 percent would still apply, so that in a year’s time, when the homeowner chose not to buy the home back, the mortgage rescuer would then be obligated to purchase the home at 82 percent of its fair market value. I move for adoption of the Amendment. I’ll be happy to discuss the Bill in its entirety on Third.” Speaker Lyons, J.: “Thank you, Representative. There’s a question. Representative Terry Parke.”

“Indeed.”

“They…” 09400113.doc 126  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“Well, let me… I can tell ya that there’ve been a numerous proposals, but the Amendment that we’re pro… that we’re proposing here, I’m not certain that this is the one that feels it makes the Bill worse. What we do feel is it makes the Bill… it does address the issue of the 82 percent which allows the mortgage rescue firm to do exactly what they say they’re going to do and that is to help people stay in their homes. It allows them to purchase those homes at far less than its market value with the understanding that they would repay the loan if… in 1- year’s time at 25 percent interest, if indeed they purchased their home for far less than the 82 percent. If they chose not to… if the original homeowners chose not to pursue the repurchase of his home is that they would then sell it to the mortgage rescue firm for 82 percent of its fair market value. And… and that’s at the crux of probably what they disagreed to at any point is having to pay people what their homes are actually worth. Therein lies the fraud in this business. Is that many of these companies, at least the fraudulent ones, cherry pick on so many of these cases in regards to what they feel is a case that’s wo… ‘worth rescuing’ and that is looking for homes that people have lived it in 15, 20 years and built up tremendous amounts of equity where they can go in, buy it at a very low price, they charge very high rent for those families to stay in the home and then come time to repay the loan, the family is in no position to pay their loan 09400113.doc 127  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 and they can get the house back. Making sure that they pay individuals what those houses are really worth is very important. And it will weed out… this legislation will help to weed out the fraud that exists in this business. It’s become rampant in the State of Illinois alone.”

“Terry, to… to be honest and answer your question, I would probably suggest that there probably would be opposition from those groups of individuals who are practicing this. What we have seen, for companies that are legitimate in… legitimately in the business of helping people stay in their homes can live with this legislation. They could have lived with the original Bill, with the 82 percent. What has happened with our Amendment it’s a win- win for the mortgage rescue funds whether they choose to stay in their home or to give it up. If they choose to stay in their home and pay the loan back, they’re basically borrowing money for a 12-month period at 25 percent.”

“That’s fair.” 09400113.doc 128  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“No. We can call… We don’t have it call today.”

“That’s fine.” Speaker Lyons, J.: “All those in favor of the adoption of Floor Amendment #2 to Senate Bill 2349 indicate by saying ‘aye’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #2 to Senate Bill 2349 is adopted. Any further Amendments, Mr. Clerk?”

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

“Thank you, Mr. Speaker. As all of you know, the Latino Caucus usually does a Cinco de Mayo party, but this year since we will not be in Session for the 5th of May, we are doing it on April 5. Well, we’re hoping… we’re hoping we’re not here on May 5. So, we are doing the party on April 5, which is tomorrow, at MoJo’s. Everyone should have gotten a flyer on their desk and I hope you can come out and celebrate with us. Thank you.” 09400113.doc 131  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 Speaker Lyons, J.: “Thank you, Representative. The Chair recognizes the Gentleman from Cook, Representative Harry Osterman. For what reason do you seek recognition?”

“Thank you, Mr. Speaker. A point of personal privilege.” Speaker Lyons, J.: “Please proceed, Representative.”

“Ladies and Gentlemen of the House, this evening we are gonna be playin’ the annual softball game against the Senate. We hope that everyone can come out to the game at Lincoln Park at 6:00. Those that are… who are gonna be playin’, if they could come out earlier so we can get some practice in before we beat the… the elderly Senate that are out there hoping to beat us. But I also wanna remind everyone, if you didn’t get a chance, there were some windbreakers provided by the sponsor of the game, the South Louis Regional Chamber of Growth Association provided every Member with a windbreaker. I hope everyone got one and hope to see you all tonight.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Jackson, Representative Michael Bost. For what reason do you seek recognition?”

“Thank you, Mr. Chair. For a point of personal privilege.” Speaker Lyons, J.: “Please proceed, Representative.”

“I know there’s a softball game tonight, which I plan on participating in if I can, there’s also the Chicago International Film Festival that’s here in town. And they’re gonna do a montage of films today from 5:30 until about 8:30 and they’re over at the… the Hooglan… Hoogland Center for the Arts which is right near Maldaner’s. It’s a fine arts center over there. So, if you get a chance, it starts about 5:30 and they’re gonna have a reception afterward. Thank you.” Speaker Lyons, J.: “Thank you, Representative. The Chair recognizes the Gentleman from Lake, Representative Ed Sullivan.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. On Senate Bill 2454, I’m… I make a Motion to reconsider the vote, having voted on the prevailing side. 09400113.doc 133  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 As you may recall, I think… this Bill may… there may have been some miscommunication on the floor and as you may recall, Representative Reitz got the trophy on it. I feel sorry for Representative Reitz. Therefore, I move to reconsider the vote.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

“The… it… it actually…”

“It’s not sale. It’s…

“Right.”

“No.”

“Yeah. And it is on… it is very controlled and on… it is only will be allowed in the Abraham Lincoln Presidential 09400113.doc 134  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 Library and other state historical sites and you can serve liquors at like wedding receptions, things of that nature.”

“He didn’t… he didn’t do so good when he had the Bill, did he?”

“It… it’s only… it’s not sold, only served after 5 p.m.”

“It’s… it’s my understanding also that we’ve turned over 60 potential clients because… away… because of the current legal restrictions. Currently, the statute permits serving a liquor only by government agencies and not-for- profit organizations. This would open it up to like wedding receptions and other private parties and it is under very…”

“…very, very controlled atmosphere similar to, I believe, Diageo as one… some organization has some…”

“…events at the Old State Capitol.”

“I believe it is actually… it would actually be the group.”

“And they also would have to provide certificates of insurance and they must be on file from the client, their vendors and the vendor’s agent, at least 30 days prior to the event and that the certificate must list, as an additional insured, the State of Illinois, the Illinois Historical Preservation Agency and as the case may be, the Abraham Lincoln Presidential Library and Museum.”

“Yes.”

“Right and as a matter of fact, you have to have general public liability and property damage insurance not 09400113.doc 136  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 less than a million dollars for each occurrence; bodily injury insurance, not less than 500 thousand for each occurrence and property damage for any peril, not less than a hundred thousand for each occurrence and in the aggregate.”

“And those are all requirements.”

“Yeah. I believe, with the case of Abraham Lincoln Museum there would be in the… I don’t know and lack of a better term, not foyer but the general area there…”

“…and they do remove the life-size statues…”

“…of the… the…”

“…President and the family.”

“Yes.”

“It’s… it’s my understanding that it would only authorize events hosted by corporations and other private parties. I don’t believe or I am sure… I am sure that it will not permit political fundraisers at the Abraham Lincoln Presidential Library.”

“No. I think that Representative Reitz earns it, he should keep it. I mean, I…”

“…I was… I was off the floor and it amazed me how many ‘no’ votes were cast against this Bill ‘cause it’s a commonsense Bill, as you indicated. I think, unfortunately, a Sponsor who really was… thoroughly knew the subject may have carried the day, but he deserves that trophy, he earned it.”

“I’ll yield.”

“I apologize.”

“It’s my understanding, no cash bar.”

“Well, it’s…”

“Yes. Just to the previous speaker. Currently, you can do it if you’re a government agency or a not-for- profit. Just… this just opens it up and no cash sales. There’ll be no cash liquor sales. I stand with Representative Brauer and I ask for a favorable Motion or a favorable vote on the Motion to reconsider Senate Bill 2454.” Speaker Lyons, J.: “Ladies and Gentlemen, there’s been a request to reconsider the vote by which this Bill failed by Representative Hoffman. This’ll be a Roll Call vote. All those in favor to reconsider the vote on Senate Bill 2454 indicate by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Ron Wait. Representative Black.”

“Thank you, Mr. Speaker. Ladies and Gentlemen, I move to concur in Senate Amendment #1 to House Bill 1620. This is the Bill regarding the release of radionuclides now into the water supply that occurred in the nuclear plants in my district. Some changes were made in the Senate. The word ‘contaminants’ was changed to ‘radionuclides’ as well as the reporting now goes to the EPA as well as IEMA. I would ask for your ‘aye’ vote.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

“There’s… there’s State and Federal Law regarding this. My understanding is that the EPA… we deal with the groundwater and the NRC requirements deal with what’s on top. But there’s… but there are reporting requirements for both state and federal levels. We don’t have as much jurisdiction as the NRC and the feds do regarding the nuclear plants, but we do have some. And in this situation, the EPA and IEMA can get involved when there… when there’s a release such as already occurred at the Braidwood facility.” 09400113.doc 144  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“This…”

“Yes, Sir. It specifically… there’s a certain… The nuclear plants are allowed to release certain levels of, for example, the element tri… tritium, which is a radioactive substance that’s naturally found in water and at a certain level they’re allowed to release it. These releases, however, were above that level and that… that’s what it… and that is why the word is ‘unpermitted’, Representative.”

“Exactly and… and the…”

“Okay.”

“I can’t hear you.”

“No, Rep… I can’t… I mean, I can’t hear. I can see your lips moving. I can’t hear you at all for some reason.”

“Yes, thank you.”

“Radionuclide.”

“No, Representative. If they… they don’t know, they can’t give the information but once they know then within 24 hours the notifications have to be made.”

“I request an ‘aye’ vote.” Speaker Lyons, J.: “Any questions? Seeing none, the question is, ‘Shall the House concur in Senate Amendment #1 to House 09400113.doc 148  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 Bill 4193?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 113 Members voting ‘yes’, 0 voting ‘no’. The House does concur with Senate Amendment #1 to House Bill 4193. Mr. Clerk, on page 10 of the Calendar Representative Jim Watson has House Bill 4222 on the Order of Concurrence. Representative Watson.”

“I have a parliamentary inquiry.” Speaker Lyons, J.: “State your inquiry.”

“Do we need to separate the question? Are we voting on three separate Amendments? Wouldn’t we be doing those separately? …make that request, if we could separate the question and have individual votes on each Amendment.” Speaker Lyons, J.: “Representative Watson, there’s been a request to separate the three Amendments and take them one at a time.”

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

“Representative Watson, can you tell me what Senate Amendment #1 changed to the original Bill?”

“So, what’s it change? Huh? So, did you… So… so, 2 puts the original Bill back in its place as the way it left there?”

“I gotch ya. Go ahead. Thanks.”

“I’d… I’d like to make a new Motion. I feel it might make it a little easier. Maybe if we can keep 1 and 2 together since they seem to cu… they gut the Bill. Then we can do 3 on its own. But if we can keep 1 and 2 joined.” Speaker Lyons, J.: “The request has been made to put both Senate Amendments #1 and 2 together on the Motion. So, 09400113.doc 150  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 Representative Watson to further explain Senate Amendments #1 and 2 to House Bill 4222.”

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

“Representative, how are you?”

“First of all, why… why are we removing the language about the Illinois Criminal Justice Information Authority? Do you know why they did that?”

“It was at the request of the administration?”

“Don’t they wanna know? I mean, do… Isn’t… I mean, isn’t it something that, you know, is necessary to know to study the factors relating to the sentencing of sex offenders to the point of arrest to the imposition of sentencing by the sentencing court and give a report to us. So, wouldn’t that… don’t you think that would help the new subcommittee that Chairman Molaro has created regarding… with the Criminal Law Committee?”

“I said, isn’t it… with… with the information that the Illinois Criminal Justice Information Authority would… 09400113.doc 151  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 would give to the General Assembly about these sentencing factors, the arrests and everything, wouldn’t you think that would be helpful to the subcommittee that Chairman Molaro has now created regarding sex offender laws in Illinois?”

“According to my analysis, I have Senate Amendment #2 removes language requiring the Illinois Criminal Justice Information Authority to study the factors relating to the sentencing of sex offenders from the point of arrest through the imposition of sentencing by the sentencing court and present a report to the General Assembly on their findings. Does… does Senate… does Senate Amendment #2 make that change? Is that one of the things that it changes, removes the requirement of the study by the Illinois Criminal Justice Information Authority?”

“So, it… so, the information about the study with the Criminal Justice Information Authority is still in there?”

“Well, is it… is it the… is it true? I mean, is it there? Did they take it out?” 09400113.doc 152  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“Yes.”

“I just… Representative, my concern is that I know that… you had a…”

“…you had a very good Bill because you and I talked about it…”

“Thank you, Speaker. House Bill 449 (sic-4449) had a small Amendment change over in the Senate to clarify on identity theft if it impaired a law enforcement agency investigation and it had requested the request from law enforcement be in writing and further ask that the notification to the individual will be done immediately after the investigation or when it doesn’t interfere. It was supposed to be modeled after several other states’ languages they’d adopted and they thought it was a much more clearer and proconsumer. I know of no op… objection. It passed out unanimously out of the Senate and out of the House. I’d ask for an ‘aye’ vote. Take any questions.” 09400113.doc 153  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 Speaker Lyons, J.: “No one seeking recognition, the question is, ‘Shall the House concur in Senate Amendment #1 to House Bill 4449?’ This is final action. All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this, there are 113 Members voting ‘yes’, 0 voting ‘no’. And the House does concur with Senate Amendment #1 to House Bill 4449. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 11 on the Calendar on the Concurrences, Representative Golar, Esther Golar, has Sen… House Bill 4727. Representative Golar.”

“Thank you, Mr. Speaker and Members of the House. I move to concur House Bill 4727, the Senate Bill… Senate Amendment, I’m sorry… #1 which stipulates that the ICC… it’s the language change in there that the ICC shall suspend or revoke the license of an operator if it finds that one of the four enumerated offenses has been committed. I’m asking for an ‘aye’ vote on this.” Speaker Lyons, J.: “No one seeking recognition, the question is, ‘Shall the House concur in Senate Amendment #1 to House Bill 4727?’ This is final action. All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Scully, would you like to be recorded? Representative Cultra, would you like to be recorded? Mr. Clerk, take the record. On this Bill, 113 Members voting ‘yes’, 0 voting ‘no’. The 09400113.doc 154  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 House does concur with Senate Amendment #1 to House Bill 4727. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Harry Osterman has House Bill 4853 on page 11 of the Calendar. The Chair recognizes the Gentleman from Cook, Representative Harry Osterman.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move that the House concur on Senate Amendment #1 to House Bill 4853. The underlying legislation dealt with lead paint poisoning in a myriad of ways one of which reduced the threshold of weight for a lead-bearing substance. In doing so, it included bullets. So, the Senate on the advice of certain groups asked that that firearms ammunition be excluded. The underlying legislation’s important legislation for the State of Illinois, so I agree to go along with Senate Amendment. And I would ask everyone else to do the same.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Bond, Representative Ron Stephens.”

“Representative Stephens, you’re familiar with the tactics of the NRA and of course, this Bill received 118 votes in the House, went to the Senate and of course, in committee they never showed up there. They kinda worked in the… in the back channels. So, because you and I both know the issue of lead paint poisoning, which affects 16 09400113.doc 155  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 thousand Illinois children a year, it is vitally important to deal with it. I’m going along with this Amendment.”

“It’s not my Amendment. It’s a Senate Amendment, but I am gonna vote for it.”

“It’s gonna… it’s gonna… it’s gonna increase my NRA voting record to .00004.”

“Thank you, Mr. Speaker. A point of personal privilege.” Speaker Lyons, J.: “Please proceed.” 09400113.doc 159  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006

“I’m sure if you noticed it, but it is awfully cold in here, Mr. Chair… Speaker. So, if you can talk with our engineer and let him know that it’s a little chilly again, unless they’re gonna allocate or issue blankets, we’d appreciate it. I have low hair and I’m sure you can identify with what I’m talking about. We need your help, your assistance on adding some heat or turning off the air condition. Thank you, Sir.” Speaker Lyons, J.: “Thank you, Representative. We’ll do what we can and report it to the building engineers. The Chair recognizes Representative Calvin Giles on a Motion. Representative Calvin Giles on a Motion.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I make a Motion to suspend the posting requirement for Senate Bill 860 so that this piece of legislation can be heard in the Elementary & Secondary Education Committee tomorrow at 2 p.m. or immediately following the Session, once we convene that Session.” Speaker Lyons, J.: “Representative, you have spoken on the… with the spokesperson on this on the committee? Have you reached agreement with the spokesperson on the committee?”

“Yes, I have.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”

“Thank you, Mr. Speaker. I spoke to the Minority spokesperson of the Elementary & Secondary Education Committee, Representative Jerry Mitchell, and he confirmed that this is okay to make this Motion at this time.” Speaker Lyons, J.: “Representative Parke.”

“Thank you, Mr. Speak…” Speaker Lyons, J.: “…Floor Amendment #2, Representative.”

“Thank you… thank you, Mr. Speaker and Ladies and Gentlemen of the House. Here to ask Floor Amendment #2 to be adopted to House Joint Resolution 87. Floor Amendment #2 simply what it does is clarifies that the State Board of Education will administer… will be responsible for facilitating the task force. I ask for the adoption and I will answer any questions at this time.” Speaker Lyons, J.: “The Motion is to adopt Floor Amendment #2 to House Joint Resolution #87. All those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #2 is 09400113.doc 161  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 adopted to House Joint Resolution 87. And on the Resolution, Representative Calvin Giles.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Reso… House Joint Resolution 87 simply what it does is, once again, is establish the task force on reenrolling students who drop out of high school. This is a piece of legislation that is long coming in this state as the number of individuals that drop out of high school increased. We will begin to look at this issue in further detail. This Resolution will address those issues. As we adopted Amendment #1, previously, it added certain individuals to the task force. And I ask for the passage of this Resolution at this time.” Speaker Lyons, J.: “You’ve heard… The Gentleman moves for the passage of House Joint Resolution 87. All those in favor vote ‘aye’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Black. Representative Black. Representative Hassert. Mr. Clerk, take the record. On this… on this Resolution, there are 111 Members voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. House Joint Resolution 87 is adopted. Mr. Clerk, on page 10 on the Order… on the Concurrences is House Bill 4238. Representative Mike Boland on House Bill 4238. Representative Michael Boland.”

“Thank you, Mr. Speaker. Senate Amendment 2 what it basically did was change the Class A misdemeanor on the first offense to and added language that said that if a dog or other animal, without provocation, attacks, attempts to 09400113.doc 162  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 113th Legislative Day 4/4/2006 attack or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury caused and sustained.” Speaker Lyons, J.: “No one seeking recognition, the question is, ‘Should Senate Amendment #2 be adopted to House Bill 4238?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. This is final action. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there’s 113 Members voting ‘yes’, 0 voting ‘no’. The House does concur with Senate Amendment #2 to House Bill 4238. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Agreed Resolutions.”