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Illinois House Floor Debate — March 21, 2007

95th General Assembly (2007-2008) · Legislative day 29
Chamber
House
General Assembly
95th (2007-2008)
Date
March 21, 2007
Legislative day
29
Speaker turns
285
Original
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Gary Hannig (D)

"The hour of 12:00 having arrived, the House will be in order and the Members will please be in their seats. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Reverend Mike Pennell who is the Pastor of Sherman United Methodist Church. Reverend Pennell is the guest of Representative Poe."

Reverend Pennell

Reverend Pennell: "Let us bow. Oh Holy God, everlasting creative source of all that is good and true, we pray for the blessing of Your presence here today to be upon this Assembly as it works on the business of the people. Fill this chamber with Your light, that the path of justice and truth might be discerned. Fill this Body with Your grace in all deliberations and with your wisdom as it exercises the awesome responsibilities and powers of governance that are entrusted here. Bless these servants, Oh God, on this new spring day that the seeds planted here may grow, ripen, and yield their fruit in its season for tomorrow and for all the tomorrows to come. Amen."

Gary Hannig (D)

"Representative Stephens, will you lead us in the Pledge. Representative Stephens, will you lead us in the Pledge today." Stephens – et al: "I pledge of 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."

Gary Hannig (D)

Speaker Hannig: "Roll Call for Attendance. Representative Currie." 09500029.doc 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Barbara Flynn Currie (D)

"Thank you, Speaker. Please let the record show that Representative Patterson is excused today."

Gary Hannig (D)

"Representative Bost."

Mike Bost (R)

"Thank you, Mr. Speaker. Let the record reflect that Representative Reis is excused today."

Gary Hannig (D)

"Mr. Clerk, take the record. There are 115 Members answering the Roll Call, a quorum is present. Representative Rose, for what reason do you rise?"

Chapin Rose (R)

"I have a joy I'd like to share with the congregation."

Gary Hannig (D)

"Please proceed."

Chapin Rose (R)

"Ladies and Gentlemen, today we have several members of the Champaign County Farm Bureau with us. They're seated behind me here in the chamber. On behalf of Representative Jakobsson, Representative Cultra, Representative Black, and myself, would you please welcome them to Springfield."

Gary Hannig (D)

"Representative Sacia."

Jim Sacia (R)

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

Gary Hannig (D)

"State your point."

Jim Sacia (R)

"We're joined in the chamber today by your former colleague Representative Ron Lawfer and a good friend of his who represents the Soil and Water Conservation District in Jo Daviess County Greg Thorne. Would you make them feel welcome, please."

Gary Hannig (D)

"Representative Flowers."

Mary E. Flowers (D)

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

Gary Hannig (D)

"State your point." 09500029.doc 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Mary E. Flowers (D)

"I would like for the Body to recognize one of the schools in my district, St. Sabina’s. Would you please give them a hand."

Gary Hannig (D)

"Representative Rose, are you ready to proceed on House Bill 654? We’re going to start there where we left off yesterday and continue on the list of Third Readings. So, Mr. Clerk, would you read the Bill?"

Mahoney

"House Bill 654, a Bill for an Act concerning transportation. Third Reading of this House Bill."

Gary Hannig (D)

"The Gentleman from Champaign, Representative Rose."

Chapin Rose (R)

"Well, Mr. Speaker, you'll have to forgive me. My computer's not booted yet, but I will say this, House Bill 654, for a first offense, no insurance… driving without insurance, under current law there would be a minimum five hundred and one dollar ($501) fine plus court costs. So that someone ticketed for that would be looking in the neighborhood of seven hundred fifty (750), eight hundred (800) dollars before they ever even get out of the courtroom. Last year, many of you recall, Representative Washington and I, who’s my cosponsor in this Bill, got into a very heated debate over no insurance tickets. I pledged to him at that time we'd work over the summer to try to improve public safety while in… public policy while at the same time, I've worked with Representative Washington and this is the fruit of… of that summer conversation. Seriously, what this does is we're changing current law, which I just… which I just enunciated, and for a first time, and that's key, for a first-time individual who's cited for 09500029.doc 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 no insurance, they would receive a 6-month sentence of court supervision, a one hundred dollar ($100) fine. But, and this is the key, but they must get insurance and keep and hold that insurance for the entire 6-month period of time. The public policy is served by… by putting insured drivers on the road. And really, it comes down to this, would we rather have the state and the court system collecting these huge fines or would we rather have people use that money to buy insurance so that, God forbid there's an accident, they're insured and victims could be made whole? This makes eminent good public policy sense and I'd ask for its favorable adoption. And to close, I'd simply like to thank Representative Washington who worked… worked with me this summer on this Bill."

Gary Hannig (D)

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mulligan, Rita, Granberg, and Lang, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 99 voting 'yes' and 14 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Washington, you have House Bill 656. Out of the record. Representative Black on 663. Representative Black. Representative Black, do you wish us to read 663? Mr. Clerk, read the Bill." 09500029.doc 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Mahoney

"House Bill 663, a Bill for an Act concerning transportation. Third Reading of this House Bill."

Gary Hannig (D)

"The Gentleman from Vermilion, Representative Black."

William B. Black (R)

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. This amends the Vehicle Code. It provides for a mandatory revocation of an Illinois driver's license by a person who has been convicted of a vehicle offense that involved the death of another human being. This Bill is supported by the Illinois State's Attorneys Association. It came out of an incident very close to my district, actually in Representative Jakobsson's district, where a distracted driver went off the road and killed a bicyclist and we then discovered that the driver's license may be suspended for such a… an egregious violation of common sense but it didn't have to be. That's all the Bill does. It says if you're involved in a… an accident where the death is ruled your fault by your inability to drive correctly, you're going to lose your driver's license for a period of time. I'll be glad to answer any questions that you have."

Gary Hannig (D)

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'… excuse me. Representative Dunkin, in response."

Kenneth Dunkin (D)

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

Gary Hannig (D)

"He indicates he'll yield."

Kenneth Dunkin (D)

"Thank you. Representative, I certainly empathize with… with the situation over… that happened near your district. 09500029.doc 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 I live in a city where there… there’s a lot of driving activity. There's a lot of distractions with folks eating, talking on the telephone, maybe downloading as well. My question is how does this Bill help us… help judges make judicial or use their prudence or judge-making ability compared to us coming up with this type of law that's almost… almost a mandatory sentence? Can you help bring some clarification…"

William B. Black (R)

"Sure."

Kenneth Dunkin (D)

"…in this regard?"

William B. Black (R)

"Sure. For example, in the City of Chicago you're not allowed to drive while talking on a cell phone. If you do that and you hit and kill somebody you're gonna lose your driver's license. It’s no longer you 'may' lose your driver's license, you 'will' lose your driver's license. Committee Amendment #1 specified that if you violate any provision in the Illinois Vehicle Code or any local ordinance regulating the movement of traffic that has caused or contributed to an accident resulting in the death of any person shall result in the mandatory revocation of your driver's license or permit. So I think it gives fairly clear direction to the judiciary that if you were doing something in violation of a local ordinance or in violation of the state Vehicle Code you are going to lose… lose your driver’s privilege."

Kenneth Dunkin (D)

"Is there a possibility… let's say someone is convicted for reckless driving, is there a possibility that that individual can obtain his or her driver's license after a certain period of time?" 09500029.doc 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

William B. Black (R)

"I… I think… well, there's always a period of time involving this. This is not permanent revocation. Reckless driving may or may not be covered by this particular Bill, depending on whether or not someone was killed by the individual's recklessness."

Kenneth Dunkin (D)

"So, again, this is… this is something that I've witnessed with my own eyes, again, living in a major city where there's a lot of driving activity. How is it that, given the laws that we have today, does not… well, I guess… do we have laws on the books already that address such an incidence?"

William B. Black (R)

"No, we do not. That is part of the weakness that we discovered in this particular case. That individual paid a fine, was charged for improper lane usage, and under current law would not have her driver's license suspended. The state's attorney and public sentiment thought that was wrong and asked that we pursue a mandatory 1-year revocation if your driving was such that you recklessly caused the death. In this case, it was a bicyclist."

Kenneth Dunkin (D)

"So who makes that decision? Is that the states… the state's attorney, the judge, or…"

William B. Black (R)

"If you are convicted of such an offense the state's attorney must revoke your driver's license."

Kenneth Dunkin (D)

"What… now this is provided you're found guilty."

William B. Black (R)

"Yes."

Kenneth Dunkin (D)

"Thank you, Mr. Speaker."

Gary Hannig (D)

"Representative Molaro."

Robert S. Molaro (D)

"I just… I just want to clarify 'cause I think Bill… the previous speaker maybe talked you into something, 09500029.doc 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 Representative Black, that you didn't want 'em to talk you into. Ya know, I mean, this is a pretty good Bill because here's all it does. It listed… it's listed under what the Secretary of State must do in certain areas of the law. So there's certain times it can revoke, must revoke; we have all kinds of Bills. This just adds that if you committed a traffic offense, so a court has to prove you committed the offense, and it results in death, then… it's got nothing to do with state's attorneys city. All they do is say, a person died and you're convicted of running a red light or talking on a cell phone. That's it. Now, once the Secretary of State gets that information, like they get all convictions, right? If it's your third mover they must suspend you. If it's this, they do that. All this says is when he gets that information he must, not 'may', he must revoke the driver's license. That's pretty simple. And for those on this side of the aisle who are worried about it, it also comes under the heading that says the Secretary of State can do a restricted driving permit if that person goes there and shows it. So he's definitely gonna get suspended, he's definitely gonna get revoked, and then he can ask for a hearing for restricted driving purposes. All this Bill does is right now they may or may not suspend it or revoke it. This says they must do it, but it always give them the opportunity to go to Secretary of State Office and, you know, ask for a hearing. So, I think it's a very good piece of legislation. Thank you."

Gary Hannig (D)

"Representative Kosel." 09500029.doc 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Renée Kosel (R)

"Thank you, Mr. Speaker. I want to compliment the Sponsor on carrying this piece of legislation. We had a situation in my district where someone was killed and the license was not suspended. In fact, there was a thousand dollar ($1,000) fine and two minor tickets. This would correct those kind of situations and I applaud him for his work. It is an excellent Bill and would ask for the Body's support on this. Thank you."

Gary Hannig (D)

"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 Jefferson, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Beaubien, for what reason… no? Okay. Representative McCarthy, are you ready on 679? Mr. Clerk, read the Bill."

Mahoney

"House Bill 679, a Bill for an Act concerning local government. Third Reading of this House Bill."

Gary Hannig (D)

"Representative McCarthy."

Kevin A. McCarthy (D)

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 679 amends the Metropolitan Water Reclamation District Act. It provides that the term 'construction purposes' includes water quality improvement projects. This in no way increases their bonding authority or increases any property taxes anyone would pay. In committee it was completely unopposed and no one has 09500029.doc 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 approached me with any objection to this legislation. So, I'd ask for your favorable vote."

Gary Hannig (D)

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Graham, Hamos, and Nekritz, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Sullivan on House Bill 683. Out of the record. Representative Dunkin on House Bill 724. Representative Dunkin. Representative Ramey on 729. Mr. Clerk, read the Bill."

Mahoney

"House Bill 729, a Bill for an Act concerning transportation. Third Reading of this House Bill."

Gary Hannig (D)

"Representative Ramey."

Harry R. Ramey Jr. (R)

"Thank you, Mr. Speaker. House Bill 729 is the… out to save the Cycle Rider Safety Training Fund from being swept. In this current fiscal year it was swept at two hundred and seventy-nine thousand dollars ($279,000) and now there's a waiting list for the training program that people pay fees for. So, I ask for an 'aye' vote."

Gary Hannig (D)

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mautino, 09500029.doc 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Brosnahan, shall we read 780? Out of the record. Representative Graham on House Bill 796. Representative Graham, 796. Shall we read that Bill on Third? Out of the record. Representative Pritchard on 802. Mr. Clerk, read the Bill."

Mahoney

"House Bill 802, a Bill for an Act concerning local government. Third Reading of this House Bill."

Gary Hannig (D)

Speaker Hannig: "The Gentleman from DeKalb, Representative Pritchard."

Robert W. Pritchard (R)

"Yes, Mr. Speaker, Ladies and Gentlemen of the House. This Bill really is a protection for fire protection districts. Right now, as State Law provides, fire districts may get grants and funding for equipment. And oftentimes, in especially rural districts, they may contract with other vendors to use that equipment in the protection of their fire service. And if that contract expires, we found way too often that equipment stays with the contractor rather than coming back to the department. So this legislation cleans that up and allows the fire department or the fire protection district that earned that grant to keep the equipment should the contract expire. I urge for your support."

Gary Hannig (D)

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted 09500029.doc 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 who wish? Have all voted who wish? Representative Meyer, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative May on House Bill 813. Mr. Clerk, read the Bill."

Mahoney

"House Bill 813, a Bill for an Act concerning health. Third Reading of this House Bill."

Gary Hannig (D)

"The Lady from Lake, Representative May."

Karen May (D)

"Yes, Mr. Speaker, Ladies and Gentlemen of the House, House Bill 813 creates the Cancer Drug Repositor… Repository Program Act in our state. Fourteen (14) other states have similar programs. I'd like to thank the pharmacists and the Department of Public Health who have given us some issues that we will work on in the rulemaking. I think it's a good idea for us to do this to help the indigent and I thank the pharmacists for being so willing to take on this project."

Gary Hannig (D)

"This in on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mulligan, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Joyce, do you wish us to read 819? Mr. Clerk, read the Bill." 09500029.doc 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Mahoney

"House Bill 819, a Bill for an Act concerning safety. Third Reading of this House Bill."

Gary Hannig (D)

"The Gentleman from Cook, Representative Joyce."

Kevin Joyce (D)

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill was negotiated over the last year and a half taking phos… phosphorous out of detergents. The industry is on board. The MWRD who first brought this to our attention 2 years ago is on board. Be happy to answer any questions."

Gary Hannig (D)

"…on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mitchell, do you wish to be recorded? Jerry Mitchell. Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 828."

Mahoney

"House Bill 828, a Bill for an Act concerning local government. Third Reading of this House Bill."

Gary Hannig (D)

Speaker Hannig: "The Gentleman from Knox, Representative Moffitt."

Donald L. Moffitt (R)

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 828 is an initiative of the Illinois Association of Fire Protection Districts. It is permissive. It would allow 911 boards to transfer money to parti… participating fire protection districts to reimburse volunteer firefighters if they're called upon to 09500029.doc 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 staff the 911 telephone switching facilities. This has happened sometimes. Can be for a long length of time where the system's down and they have to have volunteers. So this would allow the 911 board to pay volunteers. Be happy to entertain any questions you might have."

Gary Hannig (D)

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Pritchard, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 114 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bradley, John Bradley, for what reason do you rise?" Bradley, J.: "The purpose of recognition."

Gary Hannig (D)

"Proceed." Bradley, J.: "Thank you, Mr. Speaker. On the east wing here I have… will you stand up, folks? Stand up guys and gals. My Youth Advisory Council. It's two students, a junior and senior, from each of the high school districts in my district. They represent the best and brightest in southern Illinois. They're up here learning the process and I want to welcome them here today and say 'thank you' for your interest in what we do."

Gary Hannig (D)

"Welcome to Springfield. Representative Ramey on 841. Mr. Clerk, read the Bill." 09500029.doc 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Mahoney

"House Bill 841, a Bill for an Act concerning transportation. Third Reading of this House Bill."

Gary Hannig (D)

Speaker Hannig: "The Gentleman from DuPage, Representative Ramey."

Harry R. Ramey Jr. (R)

"Thank you, Mr. Speaker. House Bill 841 is just a technical change in the language that says… it provides that the clerk of the court shall, rather than may, notify the Secretary of State whenever a resident of this state fails to pay any fine, charge, or cost imposed for violating a provision of the code regarding abandonment of vehicles or similar provisions of any local ordinance. And I ask for you 'aye' vote."

Gary Hannig (D)

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Rep… Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 24 of the Calendar, under the Order of House Bills-Third Reading, is House Bill 845. Mr. Clerk, read the Bill."

Mahoney

"House Bill 845, a Bill for an Act concerning criminal law. Third Reading of this House Bill."

Gary Hannig (D)

Speaker Hannig: "The Gentleman from Madison, Representative Beiser."

Daniel V. Beiser (D)

"Thank you, Mr. Speaker. House Bill 845, as amended, would make the cases involving reckless homicide resulting in a death of a… of a police officer killed in the line of 09500029.doc 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 duty a Class I felony. This was brought to me by one of my constituents whose father was a 26-year veteran of the Illinois State Police who was killed in the line of duty in June of 2001. And the penalty, which was a Class III penalty, currently was a lighter sentence than we deemed necessary. I'd be happy to answer any questions and I'd ask for an 'aye' vote."

Gary Hannig (D)

"This is on the Order of Short Debate. And in response, the Gentleman from Vermilion, Representative Black."

William B. Black (R)

"Thank you very much, Mr. Speaker. I rise in support of the Bill but a quick question of the Sponsor, if I might."

Gary Hannig (D)

"He indicates he'll yield."

William B. Black (R)

"Representative, at one time, I know IDOT and others were interested in… in putting their workers under this Bill. Were you able to work that out?"

Daniel V. Beiser (D)

"Representative, I was not aware of that and no one from IDOT approached me. I would've been happy to work with them if I would've known about it."

William B. Black (R)

"Let… let me see here. Yeah. It said IDOT and the Cook County State's Attorneys Office were going to negotiate with you regarding a corresponding penalty enhancements to other individuals who have to work on the highways. But if they didn't get a hold of you then, again, I rise in support of the Bill. Thank you."

Gary Hannig (D)

"Representative Beiser to close."

Daniel V. Beiser (D)

"I would simply ask for an 'aye' vote."

Gary Hannig (D)

"Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. 09500029.doc 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 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 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Crespo on House Bill 876. Out of the record. Representative Franks on House Bill 892. Mr. Clerk, read the Bill."

Mahoney

"House Bill 892, a Bill for an Act concerning regulation. Third Reading of this House Bill."

Gary Hannig (D)

Speaker Hannig: "The Gentleman from McHenry, Representative Franks."

Jack D. Franks (D)

"Thank you, Mr. Speaker. This Bill arose out of a situation that happened last summer. I was alerted by the fact that there was a nursing home on the border between Lake and McHenry County that didn't have any air conditioning. And if you remember the temperatures we had last summer, we had some stretches where it was pretty grueling. There are requirements in the state that there can't be higher than 85 percent humidity in these nursing homes, but what we found is they weren't required to have air conditioning. The City of Chicago had required the nursing homes to have air conditioning, but not the State of Illinois. So this Bill would require nursing homes to have operable heat and air in order to keep the residents comfortable and to comply with the guidelines. I'd be glad to answer any questions."

Gary Hannig (D)

"This is on the Order of Short Debate. And in response, the Gentleman from Vermilion, Representative Black." 09500029.doc 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

William B. Black (R)

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

Gary Hannig (D)

"He indicates he'll yield."

William B. Black (R)

"Representative, it's your intent to do this only in habitable areas where… where patients are."

Jack D. Franks (D)

"We…"

William B. Black (R)

"Not necessarily the laundry room or the furnace room, utility room, et cetera."

Jack D. Franks (D)

"Absolutely. And we had worked on an Amendment that the long-term council people worked on…"

William B. Black (R)

"Okay."

Jack D. Franks (D)

"…along with AARP. And this is an agreed Bill now."

William B. Black (R)

"All right."

Jack D. Franks (D)

"Because we give them an ‘or’ language…"

William B. Black (R)

"Yeah."

Jack D. Franks (D)

"…to make sure that they… we need to make sure there are safe places for people to go in these type of… in these type of weather conditions."

William B. Black (R)

"Well, as I'm getting closer to one of those every year, I wanna make sure I'm comfortable when I get there. Thank you."

Jack D. Franks (D)

"My children tell me they… I better treat them right because they're gonna be choosing my care facility."

Gary Hannig (D)

"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? Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is 09500029.doc 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 hereby declared passed. Representative Black, for what reason do you rise?"

William B. Black (R)

"Mr. Speaker, I rise to a point of personal privilege."

Gary Hannig (D)

"Point."

William B. Black (R)

"Ladies and Gentlemen of the House, if you would, I'd like you to welcome with me and… and give best wishes for a happy birthday to Mr. Frank Straus of our staff who's our deputy director for revenue and public safety. Frank has been on our staff for many, many years and does an excellent job. And just to show you we hire nothing but the best and brightest, I believe his law degree is from Harvard Law. That's Harvard, Illinois. But anyway, Harvard Law. Whatever."

Gary Hannig (D)

"On page 24 of the Calendar, Representative May, you have House Bill 895. Mr. Clerk, read the Bill."

Mahoney

"House Bill 895, a Bill for an Act concerning education. Third Reading of this House Bill."

Gary Hannig (D)

"The Lady from Lake, Representative May."

Karen May (D)

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 895 creates the Green Cleaning Schools Act. It addresses the health and safety of our children who spend so many hours learning in school and it is an initiative of the Lieutenant Governor Pat Quinn and the Healthy Schools Campaign. So, I thank them for bringing this important issue forward. The question we have… It's pretending we're all students. The questions we ask are, 'Will this cost anymore dollars to school districts?' The answer is 'no'. The next question in our quiz, 'Are these products readily available?' And the answer is 'yes'. And the third 09500029.doc 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 question on our quiz is, 'Will it make our schools safer?' And the answer is 'yes'. It's a nudge in the right direction. Lockport schools found a 3 percent decrease in absenteeism because of this. Many school districts are doing it voluntarily. Thank you."

Gary Hannig (D)

"This is on the Order of Short Debate. And in response, the Gentleman from Crawford, Representative Eddy."

Roger L. Eddy (R)

"Representative, I… would the Sponsor yield for a question?"

Gary Hannig (D)

"Indicates she'll yield."

Roger L. Eddy (R)

"The… the comment you made that perked my ears was that one of the answers to the question is this will not cost schools districts more money."

Karen May (D)

"Yes. I stated that these products are comparable in price. The Chicago public schools did a pilot study and showed them comparable in price. And in fact, when they start adding the… you know, with a lot of schools doing it they might even… you know, with the consortiums of buying. There is a buying cooperative in southern Illinois in John Bradley's district. They are very supportive of it because they're doing it already."

Roger L. Eddy (R)

"Is this a mandatory Bill? Do districts have an opt-out in this if they can show that the cost is higher than what they're doing?"

Karen May (D)

"Yes. There is a very simple opt-out. All they need to do is send a letter that they believe it will cost them more money and they are automatically given a pass. Some Members of committee wanted to make it stronger. This is the same language that was given in the Integrated pest Management 09500029.doc 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 Bill to make it very… to make it not onerous on school districts if they should decide so."

Roger L. Eddy (R)

"Who do they send a letter to?"

Karen May (D)

"To the… to the Green Government Coordinating Council."

Roger L. Eddy (R)

"So who… who is on the Green Government Coordinating Council?"

Karen May (D)

"Yes. There are representatives from the Department of Public Health, the State Board of Education, the Regional Education Offices, and the EPA. And we've also asked that they reach out to… to members of the business community. So, education is very well represented on this. If there is any change… the… any changes from the Green Government Coordinating Council would be supplied to the Regional Offices of Education."

Roger L. Eddy (R)

"Now, I'm trying to understand. If I were to send… or any school district were to send a letter to the Green Government Committee… Council, whatever it is, and just say, 'Look, here's how much it'll cost me to get this cleaning product. Here's what I pay for the cleaning product I use. This is more.' Is that council then bound to… to allow that school district to opt-out?"

Karen May (D)

"Yes. And it really is a simple statement. They don't even have to prove it. It's just a statement that they believe it would cost them more and they wish to be opted out."

Roger L. Eddy (R)

"So the council doesn't even approve the statement. It's just a matter of sending the statement."

Karen May (D)

"Yes, that is true." 09500029.doc 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Roger L. Eddy (R)

"Okay. So, any school district that just simply says, 'This is gonna cost me money. I don't… I don't want to do this for that reason', has to send a statement. There's not approval, nothing of that sort."

Karen May (D)

"That's correct."

Roger L. Eddy (R)

"Okay, Representative. Thanks for clearing a couple of those things up. I still have some concerns about whether or not this might cost in rural areas. I understand there's a consortium. Some schools join it, some schools don’t, and some schools may choose to use a product that they're using because it does the job. Now, not that they shouldn't compare. I'm not sayin' they shouldn't. I just… I just am… am kinda weary of a mandate here because normally when we mandate something the price tends to go up of that item that we mandate. And as long as schools simply have to send that letter… I may not vote for the Bill, but I'm… I'm not as concerned."

Karen May (D)

"Yes. And we tried to give… address that concern. Thank you."

Roger L. Eddy (R)

"All right. Thank you."

Gary Hannig (D)

"We're gonna move this to Standard Debate. And the Gentleman from Vermilion, Representative Black."

William B. Black (R)

"Thank… thank you very much, Mr. Speaker. An inquiry of the Chair."

Gary Hannig (D)

"State your inquiry."

William B. Black (R)

"Can you tell me… I'm showing committee #1… Committee Amendment #1 has been added to the Bill. Committee Amendment #2 has been added to the Bill. And then there was 09500029.doc 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 a Floor Amendment #3. Have all of those Amendments in fact been added to the Bill?"

Gary Hannig (D)

"Mr. Clerk, could you give us the status of the Amendments on the Bill?"

Mahoney

"That is correct. Committee Amendments 1 and 2 and Floor Amendment #3 have all been adopted to the Bill."

William B. Black (R)

"All right. Thank you. Will the Sponsor yield?

Gary Hannig (D)

"Indicates she'll yield."

William B. Black (R)

"Representative, Floor Amendment #3 confuses me a little bit. And I apologize, I don't have a copy of the Amendment. I just have the analysis. Pursuant to agreement reached in committee, it limits the applicability of the Bill to nonpublic schools… to only those nonpublic schools that have fifty (50) or more students. Does this mean that this Bill applies to parochial schools or private schools with an enrollment of more than fifty (50)?"

Karen May (D)

"Representative, that Amendment was added to address the concern of homeschoolers. Although, the person who came to talk to me on behalf of the homeschoolers said they didn't like to be called 'homeschoolers' in the statute, so it was written in that way. But, yes, while the Bill itself applies to public and private schools, this would indeed say anyone with less than fifty (50) intended to capture the homeschoolers, would be exempt. That is correct."

William B. Black (R)

"All right. So, this Bill does apply to private and parochial schools."

Karen May (D)

"Yes, Sir."

William B. Black (R)

"Church affiliated schools…"

Karen May (D)

"Yes, Sir." 09500029.doc 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

William B. Black (R)

"…that have an enrollment of higher than fifty (50)."

Karen May (D)

"Yes."

William B. Black (R)

"Okay. Now, under Committee Amendment #2… I'm trying to find the language. All right, here. It says, 'If adopting a green cleaning policy is not economically feasible, the school must provide annual written notification to the Illinois Green Government Coordinating Council on a form to be provided by the Green Government Coordinating Council if the development and implementation of a green cleaning policy is not economically feasible until such time that it is economically feasible.' As I read that, who determines when it's economically feasible? The school or the Green Government Council?"

Karen May (D)

"The local school district. The local school district."

William B. Black (R)

"The local school district will."

Karen May (D)

"Yes."

William B. Black (R)

"All right. Since it would… since it would seem to me that the mandate could be waived, why… why then did you put in the Bill that you exempt the Bill from the mandate sack? That if, in fact, there is any cost there would be no reimbur… reimbursement required from the state?"

Karen May (D)

"That's a good question. Are you suggesting that there are… there's conflicting language with the Amendment?"

William B. Black (R)

"Well, since you are allowing schools to opt-out, it would seem that the mandates exemption would… would be superfluous."

Karen May (D)

"I think I would see that a little bit differently. We've given a very simple opt-out, as I expressed with the previous Representative, just a letter that must be 09500029.doc 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 accepted, whereas we didn't want to make it less than mandatory across the state. We have a big state. And as I've testified, there are people way down in the southern tip of the state. And interestingly, I've heard from parents and teachers and… and custodians in schools across the state. Sort of none of this… sort of… it's all of their own free will. A letter here, a call there, just saying that this is good idea."

William B. Black (R)

"So the… the mandate exemption, it's your intent that that stay in the Bill."

Karen May (D)

"Yes, Sir."

William B. Black (R)

"So if there are any costs the state does not have to pay for any of the costs that may result from this Bill."

Karen May (D)

"But, Representative, I believe that if the school district doesn't embrace this policy and feel it can do it they will just send that simple letter."

William B. Black (R)

"All right. One of… one of the… and you've touched on it very briefly. One of the concerns I have is when you're in a rural area you like to do business locally if at all possible. And… and some of these small janitorial or custodial supply houses, until they get a higher demand for these green products, they aren't going to… they aren't going to stock them. So you're telling me if the school district says, 'Well, we do business with our local company, we like the price,' all they have to do is write a letter and say, 'It's not economically feasible for us at this time to use all green cleaning products.' Correct?"

Karen May (D)

"That's correct."

William B. Black (R)

"All right. Thank you." 09500029.doc 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Gary Hannig (D)

"Representative May to close."

Karen May (D)

"Yes, thank you very much. As I stated earlier, this is about the health and safety of our children. The coalition includes so many groups, including many business groups: the American Academy of Pediatrics, the American Lung Association, the Chicago Teachers Union, Environment Illinois, Environmental Law and Policy Center, Healthy Schools Campaign, the Illinois Nurses Association, the Illinois Education Association, and the list goes on and on. I ask for an 'aye' vote."

Gary Hannig (D)

"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 88 voting 'yes' and 26 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 896."

Mahoney

"House Bill 896, a Bill for an Act concerning transportation. Third Reading of this House Bill."

Gary Hannig (D)

Speaker Hannig: "The Gentleman from Lake, Representative Mathias."

Sidney H. Mathias (R)

"Thank you, Mr. Speaker. As we all know, there have been some very, very serious traffic accidents on railroad tracks with, unfortunately, drivers being killed or badly injured. What House Bill 896 does, it adds an additional penalty for those people that are convicted of driving… not… knowingly stopping on railroad tracks when they can't clear those tracks. And basically what it does it adds a 09500029.doc 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 mandatory 1 month suspension to their driver's license privileges. This does not affect supervision. So, in effect, most times you're gonna get a free… you're not gonna have this affect your license, but if you… if there is a conviction then there would be a suspension. So, I ask for your 'aye' vote."

Gary Hannig (D)

"This is on the Order of Short Debate. Does anyone stand in response? The Gentleman from Vermilion, Representative Black."

William B. Black (R)

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

Gary Hannig (D)

"He indicates he'll yield."

William B. Black (R)

"Representative, on our analysis sheet it says that the Bill may have been amended, but I don't see an Amendment. Was the Bill in fact amended?"

Sidney H. Mathias (R)

"No, I think it means the law is amended, not the Bill. The Bill is not… the Bill is not amended. I think it was… the law that was… is being amended."

William B. Black (R)

"Okay. All right. Let me ask you a question. I… and I talked to you about this earlier. I have a railroad crossing in my city where there is a traffic signal, a railroad track, and about two businesses all within about a hundred and fifty (150) feet. And I have… I've personally not stopped on the tracks, but many times as you are approaching the light the traffic signal will turn red. So the first car stops at the traffic signal, the second car stops, the third car stops but is now on the railroad track, the fourth car stops but is not on the railroad track. The car that's now liable for a five hundred dollar ($500) fine 09500029.doc 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 has no place to go. He would like to maybe back up. Can't go forward, can't back up, but is… is parked on a railroad track. How…"

Sidney H. Mathias (R)

"Well, the five hundred… the five hundred dollar ($500) fine is current law. That… I'm not changing the fine. That's…"

William B. Black (R)

"Well, I… I thought that was only if you went around the gate."

Sidney H. Mathias (R)

"No. That… the only… the only thing… that's a different Section."

William B. Black (R)

"Okay."

Sidney H. Mathias (R)

"I'm not dealing with that. I'm only dealing with the Section for stopping on a railroad track without clearance."

William B. Black (R)

"What… what would my… what would my constituent's defense be? Do I have an affirmative defense if, in fact, I'm ticketed? I'm trying to make sure that I have due process. I go to the judge and I say, Judge, I didn't intend to stop on the track."

Sidney H. Mathias (R)

"Why…"

William B. Black (R)

"The guy in front of me stopped for the red light, the guy behind me wouldn't give me room to get off the track. I had no place to go."

Sidney H. Mathias (R)

"Exactly the reason why we have these accidents, is because people aren't… the drivers aren't patient enough to wait 'til they… there's clearance. They should not attempt to go on to the tracks, and the signs are usually posted to say that until they know they can clear those tracks. Then they get stuck, a train comes, and we could have a fatality. That's what I'm really trying to prevent…" 09500029.doc 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

William B. Black (R)

"Okay."

Sidney H. Mathias (R)

"…by doing this, is they should not stop on the tracks until they know they can clear 'em."

William B. Black (R)

"All right. Would I have a defense if I got out of my car and walked off the track and said, I can't move my car but I'll move me."

Sidney H. Mathias (R)

"You're still stopping that car and that car could certainly cause damage."

William B. Black (R)

"All right."

Sidney H. Mathias (R)

"So, I don't think so."

William B. Black (R)

"All right. I… I think… and again, it may be just peculiar to my district, but I've noticed this several times. And we don't have the train traffic that you do, nor do we have the speeds. And I don't know that that's posted or not, quite frankly. But I can understand what you're trying to do, and in your area it certainly makes eminent good sense. In my area it might be viewed a little differently. If… if the person being fined would say, 'I didn't intend to stop on the track. I didn't know the light was gonna turn red. I thought the guy behind me would let me back up. He didn't let me back up.' It’s just one of those things where it's so difficult to get one Bill… one law that will meet all of the peculiarities that some time appear. But I do appreciate the work you've done on the Bill."

Sidney H. Mathias (R)

"Thank you."

Gary Hannig (D)

"Representative Mathias to close." 09500029.doc 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Sidney H. Mathias (R)

"I think this is a good Bill to hopefully encourage people to prevent fatalities and the type of accidents that we've seen. And I urge an 'aye' vote."

Gary Hannig (D)

"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 Schmitz, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 107 voting 'yes' and 8 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. And Representative Mathias on 903. Mr. Clerk, read the Bill."

Mahoney

"House Bill 903, a Bill for an Act concerning transportation. Third Reading of this House Bill."

Gary Hannig (D)

"Representative Mathias."

Sidney H. Mathias (R)

"Again, thank you, Mr. Speaker. What House Bill 903 does, it provides for the issuance of special ovarian cancer license plates. We did amend the Bill to make sure that the fund that's created cannot be swept. So, I ask for your favorable 'aye' vote."

Gary Hannig (D)

"This is on Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 913." 09500029.doc 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Mahoney

"House Bill 913, a Bill for an Act concerning guardianship. Third Reading of this House Bill."

Gary Hannig (D)

"The Lady from Cook, Representative Currie."

Barbara Flynn Currie (D)

"Thank you, Speaker and Members of the House. This initiative comes from the City of Chicago, the Bar Associations, the Department of Children and Family Services, and the Childcare Association of Illinois. Under current law, a parent can ask someone else to take a short- term guardianship of a child, frequently a grandparent, and that… that is a renewable guardianship lasting in time for 60 days. What we've discovered during the years this has been in operation that sometimes the parent who needs, of course, to assent to the guardianship is not available after the 60 days have run. Might be away in military service, could be ill, could be many other reasons why. So, the idea here is to make it possible to establish the guardianship for a longer period, for 365 days, in order to ensure continuity of care for the child. I would be happy to answer your questions and, as I say, this does have the support of the city, of the Bar Associations, of DCFS, and childcare organizations."

Gary Hannig (D)

"This is on the Order of Short Debate. And in response, the Gentleman from Cook, Representative Brosnahan."

James D. Brosnahan (D)

"Thank you, Mr. Speaker. Representative Currie, I just wanted to… to make sure… I'm not sure if you mentioned this or not. But this was a Bill that you and I have talked about. A couple of superintendents in my legislative district expressed some concern that this Bill may make it 09500029.doc 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 easier for out-of-district students to attend the high schools. So, I just want to be clear. I know you and I had discussions and I think you've indicated to me that when this Bill, if it's successful and leaves the House, those discussions will continue in the Senate and we can address those concerns. Is that correct?"

Barbara Flynn Currie (D)

"Absolutely. Let me just say we did already amend the Bill so as to clarify that this cannot be used in order to circumvent ordinary school residency requirements. But we've been trying to reach out to your superintendents to make sure that if there is something additional that we need to do to provide them some comfort against that happening we will certainly agree to do it."

James D. Brosnahan (D)

"Okay. Thank you."

Gary Hannig (D)

"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… Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 937."

Mahoney

"House Bill 937, a Bill for an Act concerning safety. Third Reading of this House Bill."

Gary Hannig (D)

"Representative Davis." Davis, W.: "Thank you, Mr. Speaker. House Bill 937 is a very important piece of legislation relative to one of my communities… one of my low-income communities. Several years ago, many of you may have been involved in a process 09500029.doc 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 by which an… a facility was allowed to open in the Village of Robbins to burn trash, and through some legislative measures… incentives that were taken away, that facility subsequently closed. Well, now there's an effort to revitalize that facility in order to turn it into a 50 megawatt power plant to provide an electricity or power source for several communities in the area as well as hopefully some businesses. In order to provide that power source the facility seeks to burn what is called biomass, which is clean wood from construction sites and other places, but it's a wood that will be inspected and will be required to meet certain specifications that are set forth by the EPA. This facility, once it's allowed to open, will be a huge economic benefit to one of my communities, the Village of Robbins, that has suffered for many years for lack of economic development and other things. In addition to just providing jobs in my community, the facility will also, again, be an economic benefit in terms of taxes as well as provide direct resources to the municipality. When this Bill was in committee several questions were asked and the Bill voted out of committee with 0 'no' votes. And… and, again, I just think it's a good Bill, a great opportunity for one my con… one of my communities. And I ask for an 'aye' vote."

Gary Hannig (D)

"This is on Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lindner and Leitch, do you 09500029.doc 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 wish to be recorded? Mr. Clerk, take the record. On this question, there are 98 voting 'yes' and 15 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative May on House Bill 943. Mr. Clerk, read the Bill."

Mahoney

"House Bill 943, a Bill for an Act concerning public safety. Third Reading of this House Bill."

Gary Hannig (D)

"Representative May."

Karen May (D)

"Yes, thank you, Mr. Speaker, Ladies and Gentle (sic- Gentlemen) of the House. House Bill 943 continues our quest to get mercury out of the environment, but what a difference a Session or two in a year or two makes. This passed unanimously out of committee. There are no known opponents. The list of proponents is very, very, very strong. It continues to… it basically talks about medical devices that contain mercury. So, I'll be happy to answer any questions should there be some, but I think the hund… well, the many colleagues who are supportive and understand how important it is to get rid of mercury out of the environment."

Gary Hannig (D)

"This is on the Order of Short Debate. And in response, Representative Winters."

Dave Winters (R)

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

Gary Hannig (D)

"Indicates she'll yield."

Dave Winters (R)

"In the list of products that would be banned from sale I'm aware that the CFLs, the compact fluorescent lights that we have recently been emphasizing as an energy saving product, that they contain an amount of mercury in them. Are you banning the sale of the energy efficient CFLs?"

Karen May (D)

"No, Sir." 09500029.doc 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Dave Winters (R)

"Could you give us a real quick list of… of what exactly you are?"

Karen May (D)

"Yes. Barometers, esophical (sic-esophageal) dilators… and excuse me if I mispronounce them, not being a doctor or a nurse. Bougie tubes, gastrointestinal tubes, flowmeters, hydrometers, hygrometers, manometers, pyrometers, and sphinxamometers (sic-sphygmomanometers)."

Dave Winters (R)

"So any meter, basically, used in medical… or almost any…"

Karen May (D)

"These are almost all medical devices, except manometers which are for… milking devices."

Dave Winters (R)

"Okay. I just… I just wanted to clarify on the record that CFLs, even though they contain mercury, are not among the banned products. Thank you."

Gary Hannig (D)

"The Gentleman from Vermilion, Representative Black."

William B. Black (R)

"…very much… Thank you, Mr. Speaker. Will the Sponsor yield?”

Gary Hannig (D)

"Indicates she will yield."

William B. Black (R)

"Representative, we talked about this very briefly. Again… and I'm not in conflict of interest. I have no financial interest in the family business. Wish I did, but I don't. There are thousands of thermostats, we refer to them as a T86 model, they're round, they fit on your wall. You turn the thermostat to 72, you turn your thermostat to 68, whatever it may be. There's a little glass bulb in there containing mercury and when the sensors in the thermostat get to the…" 09500029.doc 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Karen May (D)

"Sir. Sir, I… I hate to interrupt but I could probably say to you thermostats are not in this Bill. They were originally, it was amended out. That's another Bill that's coming from the Senate."

William B. Black (R)

"What… where was that taken out?"

Karen May (D)

"House Amendment #1, which I believe gutted and replaced the Bill."

William B. Black (R)

"Okay. Give me just a second here, if you would."

Karen May (D)

"Of course."

William B. Black (R)

"'Mercury-added products, toys, figurines, mercu… A mercury added product means a product to which mercury is added intentionally during formulation and manufacture or a product containing one or more components to which mercury is intentionally added.' Well, that would certainly cover the current… until we get all digital, it would seem to me that language would include a mercury-based thermostat."

Karen May (D)

"Except our intent was in Amendment #1 to specifically take out thermostats."

William B. Black (R)

"What… what Amendment was that in, Representative?"

Karen May (D)

"One."

William B. Black (R)

"Okay. All right. So, that language then appears on page 10?"

Karen May (D)

"Uh…"

William B. Black (R)

"Starting line 4."

Karen May (D)

"You know what? I… just one second. Now…"

William B. Black (R)

"Okay. Yeah, I'm… I'm looking at it."

Karen May (D)

"…I will have to look at it. Okay."

William B. Black (R)

"You're right. For the purposes of this subsection, a mercury-added thermostat uses a mercury switch. Now that's 09500029.doc 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 the original Bill. So that was deleted in the Amendment, correct?"

Karen May (D)

"Yes, Sir."

William B. Black (R)

"Thank you very much."

Gary Hannig (D)

"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? Have all voted who wish? Representative Scully and Osmond, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 115 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 1293."

Mahoney

"House Bill 1293… House Bill 1293, a Bill for an Act concerning criminal law. Third Reading of this House Bill."

Gary Hannig (D)

"The Lady from Cook, Representative Howard."

Constance A. Howard (D)

"Thank you, Mr. Speaker. House Bill 1293 amends the Unified Code of Corrections. It provides that 90 days of early release from parole shall be awarded to any parolee who passes the high school level Test of General Educational Development, commonly known as GED, while the parolee is on parole. The Bill also provides that the early release from parole awarded shall be in addition to and shall not be affected by the award of good conduct under any other provision, but shall not be pursuant to the guidelines and restrictions set forth for prisoners engaged in full-time educational programs provided by the Department of Corrections. As well, it provides that the early release 09500029.doc 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 from parole shall be available only to parolees who have not yet previously earned a high school diploma or a GED. I would take questions at this time."

Gary Hannig (D)

"The Lady has moved for the passage of House Bill 1293. This is on Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Poe, Osterman, and Currie, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 82 voting 'yes' and 31 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Are there any announcements? Representative Rita."

Robert Rita (D)

"For an announcement, Tollway Oversight Committee will be canceled. Tollway Oversight Committee will be canceled."

Gary Hannig (D)

"Representative Dunkin."

Kenneth Dunkin (D)

"Thank you, Mr. Speaker. A point of clarification. Our… point of announcement. The House Tourism & Conventions Committee will meet promptly after Session in Room 122-B today. Thank you."

Gary Hannig (D)

"Representative Molaro."

Robert S. Molaro (D)

"Yes, thank you, Mr. Chairman. As you can see, 'cause of the posting requirements, we are now having Subcommittee on Enhancements (sic-Penalty Enhancements and Enlargement of Groups) meets at 8:05… or 8:10 and the Gang Crime Subcommittee meets at 8:05. So those Bills that are in those two subcommittees, you can't ask for a hearing. And obviously, you only have about 5 minutes to present 30 09500029.doc 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 Bills. So I'm hoping that no one shows up for those subcommittees. But if you are in that subcommittee and you do come, we will hear the Bill in either one of those subcommittees and the regular committee will start right after that, which is at 8:15. Thank you."

Gary Hannig (D)

"Representative Dugan."

Lisa M. Dugan (D)

"Thank you. Speaker, I just wanted to make sure the Homeland Security Committee knew there is no meeting tomorrow. There's been some confusion but the Homeland Security Committee will not meet tomorrow. Thank you."

Gary Hannig (D)

"Representative Bost, you're recognized for a Motion."

Mike Bost (R)

"Thank you, Mr. Speaker. I'd like to make a Motion to Table House Bill 3619."

Gary Hannig (D)

"You… you heard the Gentleman's Motion. Is there leave for the Attendance Roll Call? Leave is granted. The Motion is adopted and the Bill is tabled. …Clerk, would you read House Bill 318."

Mahoney

"House Bill 318, a Bill for an Act concerning business. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Graham, has been approved for consideration."

Gary Hannig (D)

"Representative Graham on the Amendment."

Deborah L. Graham (D)

"Thank you, Ladies and Gentlemen of the House. On Floor Amendment #1, this Bill would allow… this Amendment would allow… Amendment #2. Thank you. This Amendment would allow utility companies to continue to report to the credit bureaus how well constituents are paying their bills but not be used as a determinant to the credit score." 09500029.doc 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Gary Hannig (D)

Speaker Hannig: "The Lady moves for the adoption of the Amendment. Is there any discussion? Then all in favor say 'aye'; opposed 'nay'. The 'ayes' have it and the Amendment is adopted. Any further Amendments?"

Mahoney

"No further Amendments. All notes have been filed."

Gary Hannig (D)

"Third Reading. Mr. Clerk, read House Bill 33."

Mahoney

"House Bill 33, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Mr. Clerk, read House Bill 439."

Mahoney

"House Bill 439, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Mr. Clerk, read House Bill 618."

Mahoney

"House Bill 618, a Bill for an Act in relation to public aid. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Mr. Clerk, read House Bill 2035."

Mahoney

"House Bill 2035, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 09500029.doc 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Gary Hannig (D)

"Third Reading. Mr. Clerk, read the Agreed Resolutions."

Mahoney

Clerk Mahoney: "Agreed Resolutions. House Resolution 231, offered by Representative Currie. House Resolution 232, offered by Representative Granberg. And House Resolution 234, offered by Representative Cross."

Gary Hannig (D)

"Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Agreed Resolutions are adopted. Representative Mendoza, you're recognized for an announcement."

Susana A Mendoza (D)

"Thank you, Mr. Speaker. Just wanted to announce that the Committee on International Trade & Commerce that's scheduled for today at 4 will be canceled. Thank you."

Gary Hannig (D)

"Representative Molaro, for what reason do you rise?"

Robert S. Molaro (D)

"Well, I was just tryin' to figure out… askin' the chairman, but some… for some reason she doesn't wanna answer me. Could we find out what time Local Government may be meeting? Is it immediately after Session or… could we… can I ask that of the Chair?"

Gary Hannig (D)

"Representative, the 1:00 committees will meet immediately after Session. And now, allowing perfunctory time for the Clerk, Representative Currie moves that the House stand adjourned until Thursday, March 22 at the hour of 2 p.m. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Motion is adopted and the House stands adjourned." 09500029.doc 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007

Mahoney

"House Perfunctory Session will come to order. Committee Reports. Representative Jakobsson, Chairperson from the Committee on Human Services, to which the following measure/s was/were referred, action taken on March 21, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 3658, House Bill 1580, House Bill 1878, House Bill 1805, House Bill 3445, and House Bill 949; 'do pass as amended Short Debate' House Bill 614, House Bill 1286, House Bill 1865, House Bill 1668, House Bill 980, House Bill 1775, House Bill 622, House Bill 3380, House Bill 115, and House Bill 1072; 'do pass as amended Standard Debate' is House Bill 1826; 'recommends be adopted' is House Joint Resolution 26. Representative Burke, Chairperson from the Committee on Executive, to which the following measure/s was/were referred, action taken on March 21, 2007, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' is House Bill 236, House Bill 375, House Bill 479, House Bill 741, House Bill 758, House Bill 765, House Bill 1711, and House Bill 1834; 'do pass Short Debate' is House Bill 153, House Bill 792, House Bill 829, House Bill 873, House Bill 1028, House Bill 1078, House Bill 1478, House Bill 3738, House Bill 3739, House Bill 3740, House Bill 3741, House Bill 3742, House Bill 3743, House Bill 3744, House Bill 3745, House Bill 3746, House Bill 3747, House Bill 3748, House Bill 3749, House Bill 3750, House Bill 3751, House Bill 375… 3753, House Bill 3754, House Bill 3755, House Bill 3760… 56(sic-3756), House Bill 3758, House Bill 3759, and House Bill 3760. Representative Smith, Chairperson from the 09500029.doc 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 Committee on Elementary & Secondary Education, to which the following measure/s was/were referred, action taken on March 21, 2007, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill 146, House Bill 1141, House Bill 1964, House Bill 1977, House Bill 3730; 'do pass Short Debate' House Bill 1825, House Bill 1836, House Bill 189… 1999. Representative Smith, Chairperson from the Committee on Elementary & Secondary Education, to which the following measure/s was/were referred, action taken on March 20, 2007, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill 232, House Bill 877, House Bill 1466; 'do pass Short Debate' House Bill 390, House Bill 1334, House Bill 1847, House Bill 1849, House Bill 3512. Representative Flowers, Chairperson from the Committee on Health Care Availability & Access, to which the following measure/s was/were referred, action taken on March 20, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 384, House Bill 1432; 'do pass as amended Standard Debate' is House Bill 684; 'do pass as amended Short Debate' is House Bill 477, House Bill 1560; 'recommends be adopted' is House Floor Amendment #2 to House Bill 147. Representative Boland, Chairperson from the Committee on Financial Institutions, to which the following measure/s was/were referred, action taken on March 20, 2007, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' is House Bill 1437 and House Bill 1662. Representative Molaro, Chairperson from the Committee on Judiciary II-Criminal Law, to which the 09500029.doc 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 following measure/s was/were referred, action taken on March 20, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 247, House Bill 1365, House Bill 1548, House Bill 3766; 'do pass as amended Short Debate' is House Bill 1728 and House Bill 3614. Representative May, Chairperson from the Committee on Environmental Health, to which the following measure/s was/were referred, action taken on March 20, 2007, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' House Bill 1769, House Bill 3424; 'do pass as amended Standard Debate' is House Bill 1421. Representative Colvin, Chairperson from the Committee on Consumer Protection, to which the following measure/s was/were referred, action taken on March 20, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 3383; 'do pass as amended Short Debate' is House Bill 1555 and House Bill 1503. Representative Collins, Chairperson from the Committee on Public Utilities, to which the following measure/s was/were referred, action taken on March 20, 2007, reported the same back with the following recommendation/s: 'do pass as amended Standard Debate' House Bill 1343; 'do pass as amended Short Debate' is House Bill 1563, House Bill 1438, House Bill 1431; 'do pass Short Debate' is House Bill 1888 and House Bill 3647. Representative Verschoore, Chairperson from the Committee on Ethanol Production Oversight, to which the following measure/s was/were referred, action taken on March 20, 2007, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' is House 09500029.doc 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 Bill 273. Representative Hoffman, Chairperson from the Committee on Transportation & Motor Vehicles, to which the following measure/s was/were referred, action taken on March 20, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 2020, House Bill 335, and House Bill 3583; 'do pass as amended Short Debate' is House Bill 323, House Bill 381, and House Bill 1963. Representative Mautino, Chairperson from the Committee on Insurance, to which the following measure/s was/were referred, action taken on March 20, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 415, House Bill 628; 'do pass as amended Short Debate' is House Bill 3653. Representative Reitz, Chairperson from the Committee on Agriculture & Conservation, to which the following measure/s was/were referred, action taken on March 20, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' House Bill 1736, House Bill 3287, House Bill 3571; 'do pass as amended Short Debate' is House Bill 822 and House Bill 3721. Representative Gordon, Chairperson from the Committee on Smart Growth & Regional Planning, to which the following measure/s was/were referred, action taken on March 20, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 1134. Representative D'Amico, Chairperson from the Committee on Drivers Education & Safety, to which the following measure/s was/were referred, action taken on March 21, 2007, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' is House Bill 503. Representative 09500029.doc 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 Fritchey, Chairperson from the Committee on Judiciary I- Civil Law, to which the following measure/s was/were referred, action taken on March 21, 2007, reported the same back with the following recommendation/s: 'do pass Short Debate' is House Bill 1747, House Bill 1613, House Bill 3675, House Bill 3455, House Bill 1797, House Bill 3620, and House Bill 1845; 'do pass as amended Short Debate' is House Bill 227, House Bill 1978, House Bill 619, House Bill 1743, House Bill 1744, House Bill 592, House Bill 3616, House Bill 830, House Bill 922, and House Bill 730. Introduction and reading of House Bills-First Reading. House Bill 4090, offered by Representative Black, a Bill for an Act concerning public employee benefits. Referred to the House Committee on Rules is House Resolution 233, offered by Representative Richard Bradley. Introduction and reading of Senate Bills-First Reading. Senate Bill 336, offered by Representative Turner, a Bill for an Act concerning finance. Senate Bill 343, offered by Representative Leitch, a Bill for an Act concerning local government. Senate Bill 499, offered by Representative Will Davis, a Bill for an Act concerning revenue. Senate Bill 580, offered by Representative Dugan, a Bill for an Act concerning transportation. Correction. Senate Bill 580, offered by Representative Fortner, a Bill for an Act concerning transportation. Senate Bill 620, offered by Representative Dugan, a Bill for an Act concerning regulation. Senate Bill 640, offered by Representative Coulson, a Bill for an Act concerning regulation. House Bill (sic-Senate Bill) 644, offered by Representative Granberg, a Bill for an Act in 09500029.doc 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/21/2007 relation to public employee benefits. House… Senate Bill 730, offered by Representative Nekritz, a Bill for an Act concerning regulation. Senate Bill 1242, offered by Representative Mathias, a Bill for an Act concerning climate change. Senate Bill 1243, offered by Representative Chapa LaVia, a Bill for an Act concerning environmental protection. Senate Bill 1244, offered by Representative Moffitt, a Bill for an Act concerning local government. Senate Bill 1260, offered by Representative Sacia, a Bill for an Act concerning courts. And Senate Bill 1326, offered by Representative Froehlich, a Bill for an Act concerning State Government. There being no further business, the House Perfunctory Session will stand adjourned." 09500029.doc 47