Illinois House Floor Debate — March 29, 2007

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

"We shall be led in the Pledge of Allegiance by Representative Beaubien."

"Roll Call for Attendance. Representative Currie."

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

"Mr. Bost." 09500033.doc 1  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Mr. Clerk, take the record. There being 115 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk."

"The Chair recognizes Mr. Ramey."

"State… state your point."

"Mr. Brady, did you wish to call House Bill 1822? Mr. Clerk, what is the status of House Bill 1822?"

"Mr. Brady."

"The Gentleman moves for the passage of the Bill. Is there any debate? There being no debate, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. The 09500033.doc 4  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 Clerk shall take the record. On this question, there are 115 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. John Brady… Bradley, did you wish to call House Bill 494? Mr. Clerk, what is the status of House Bill 494?"

"Mr. Bradley." Bradley, J.: "Yeah, thank you, Mr. Speaker. This is a Bill which creates a parallel statute to the statute we currently having… have to attract medical providers to underserved areas. We have a severe under service with regards to child psychiatrists. And it's currently not provided for in the law we have. So, this would create a parallel law that would allow us to recruit child psychiatrists to underserved areas. I ask for an 'aye' vote."

"The Gentleman moves for the passage of the Bill. Is there any discussion? There being no discussion, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? The Clerk shall take the record. On this question, there are 115 people voting 'yes', 3 people voting… 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Joe Dunn, did you wish to call House Bill 153? Mr. Clerk, what is the status of 153?" 09500033.doc 5  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Mr. Dunn."

"The Gentleman moves for the passage of the Bill. The Chair recognizes Mr. Meyer."

"Sponsor yields."

"This Bill is on the Order of Standard Debate. Under Standard Debate, three people speak for the Bill, and three people speak in response. Two people have spoken for the Bill. There are now six people seeking recognition on the Bill. Five. Currie, Washington, Lang, Burke, Graham, Cross. Make it six. Representative Currie, are you rising in response? Representative Currie."

"Thank you, Speaker. I'm rising in support of the Bill. I think that it is critical that this school district be allowed to house those students in August of 2009. This property already had been offered for sale to the school district. And, in fact, only the failure of a referendum means that all of the property was not bought in May of 2005. The school district now owns 25 acres. At issue is the other 55. The estate was willing to sell that acreage a few years ago. I think the district doesn't have any choice but to go ahead and… and… and ask for this quick-take opportunity. The total dollar amount will be 09500033.doc 9  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 decided in court by a jury if this legislation succeeds. If it doesn't, the owners of the estate will continue to delay, to delay, to delay to try to force the district to pay more than the property is worth. I don’t think that's a fair situation for a school district to have to find itself in. I would wish that the owners of the land would've come to a fair settlement, or at least would've stopped throwing up barriers and delays to make it impossible for the school district to do its job. Now I would urge recognizing that… that this quick-take opportunity is an unusual one. These circumstances are unusual, and they are emergency circumstances. I would urge a 'yes' vote."

"All right. Ladies and Gentlemen, if I could have your attention. This Bill is on the order of Standard Debate. Three people have already spoken for the Bill. And under the rules of Standard Debate, that would preclude further speakers speaking for the Bill. There are three people seeking recognition. And Mr. Lang, do you rise in opposition to the Bill?"

"Yes, Sir."

"Mr. Lang."

"Thank you. Will the Sponsor yield? I assume that's yes."

"Mr. Dunn. Hello." "So, do I understand that this issue is currently in litigation?"

"But it's ongoing litigation, is that correct?"

"Was there an effort to do the quick-take before the litigation commenced?"

"Why was there no effort to do the quick-take if… if they knew that the litigation would take a certain amount of time, why was there no effort to do the quick take-before they commenced the litigation?"

"Okay. Look, to the Bill, Mr. Speaker. Generally speaking, I support a Member who's asking for quick-take for their community, particularly when it's for a school district or a public building or something that's critical. In this case, I understand that it's critical to those school children. I understand it's a rapidly growing community. And I understand that this community needs a school. But Ladies and Gentlemen, this is a matter in litigation. These folks had an opportunity to come to us any period of time and ask for quick-take. But now it's in litigation. Let's take a look at what this means. It means that any time any of us have a matter in litigation in our community, we can come here to the General Assembly and ask the General Assembly to do what someone else has 09500033.doc 11  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 asked a judge to do. Should we prejudge this case for… for the court? Should we basically write an order in that court case for the judge? I don’t really think that's our place. We have three branches of government. We are not the judicial branch. We are the legislative branch. And if these folks, even if they are seeking something that they deserve, even if they're seeking something that's good for children, for students, for schools, even under that scenario, since we are here as a Legislative Body not a Judicial Body, I think it's appropriate for us to let the judicial system do what the judicial system does. Imagine if this case was over. And the people that want the quick- take now lost and they came to us and they said, 'Give us quick-take.' We would probably not do that because we would say, 'This has been through the judicial process and they lost.' So, how much worse is it for them to come in the middle of their litigation and say, 'Look, this is taking too long. Bail us out, Legislators… Legislature.' It's not our place. And so, while I understand the Representative is trying to help his community, while I understand they need the school, and I would be glad to help the Representative under other circumstances, here we have a matter that's in litigation. And it's not the place or the province of the Legislature to deal with this. The court should deal with this. The folks made a choice to go to a courtroom. And now we should let the judge decide, not the Illinois House of Representatives. I would suggest 'no' votes." 09500033.doc 12  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Mr. Burke, do you stand in opposition to the Bill?

"For it."

"You're for the Bill. All right, Mr. Cross is seeking recognition to speak for the Bill. I plan to do an exception to the rule and recognize Mr. Cross as a proponent to the Bill. Were there others who were seeking recognition in opposition to the Bill? Mr. Cross to close."

Speaker Madigan: "Representative Monique Davis, are you standing in opposition to the Bill?" Davis, M.: "Opposition."

Speaker Madigan: "All right. Opposition. All right. Representative Monique Davis in opposition." Davis, M.: "Thank you, Mr. Speaker. We just want to say that quick-take is an extraordinary power rarely granted to local units of government. And even then, because the contemplated public improvement involves many parcels of land owned by many different owners where no practical alternative land exists, as in the case of a highway or major airport expansion. Property owners are constitutionally entitled to just compensation. However, there are many philothropic… philanthropic reasons for full and timely compensation. The private estate of Helen Brach does not wish to have their property taken away from them. There are many people who feel that quick-take is not 09500033.doc 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 answer and government should not use its awesome power against many landowners. We urge a 'no' vote."

"The question is, 'Shall this Bill pass.' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Please record yourself. Have all voted who wish? The Clerk shall take the record. On this question, there are 60 'ayes' and 52 'noes'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Brosnahan, did you wish to call 463? Mr. Clerk, what is the status of the Bill?"

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 463 amends the Wireless Emergency Telephone Safety Act. Presently, wireless carriers are required to submit a seventy-five cents ($.75) 911 surcharge. Twenty-five cents ($.25) goes into the Carrier Reimbursement Fund, while fifty cents ($.50) goes into the Wireless Services Emergency fund. This Bill does not change that amount in any way. The money that goes into the emergency fund is distributed to the 911 centers. The problem is not all wireless carriers are submitting the surcharge. They're also required to submit subscriber information. And these carriers are not submitting the subscriber information either. So… and currently, there is actually no penalty provision in the statute the way it's drafted for these wireless carriers that do not comply with this Act. So, what this Bill does, it creates a penalty 09500033.doc 15  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 provision for carriers that are late in filing their surcharge to the commission. It also creates a penalty for late filing the subscriber information with the ICC. Additionally, what this Bill does, it deals with… dealing with the Carrier Reimbursement Fund. Right now there is an excess of thirty-five million dollars ($35,000,000) in this fund. What this Bill allows us to do is… there'll be a review every year. And after looking at the… the amount of expenditures that've been taken by the carriers as well as the… the revenues brought in, we'll make a determination and that money, then, could be transferred over to the other fund, the emergency fund, that is distributed to the 911 centers. This is a very important piece of legislation for these 911 centers because with the loss of so many landline telephones, they are relying more and more on this wireless surcharge. So… and finally what the Bill does it extends the sunset of this Act for another 5… and other five years, 2013. I know of no opposition to this legislation. I'll be happy to answer any questions."

"Mr. Black."

"Sponsor yields."

"Well, not exactly, Representative Black. And… and I think that maybe that's one of the reasons why there is such a… a surplus in this Carrier Reimbursement Fund. I'm hearing from some of the carriers that they are not seeking reimbursement because they've already made the upgrades. Other wireless providers haven't made the upgrades yet. And we obviously are trying to encourage them to do that. But I… I guess what we're… we're doing with this Bill is we're trying to give them an… an incentive to do these upgrades to their 911 systems 'cause what we're saying is, if you don't claim this money within 2 years that we're going to then transfer that money to the Emergency Fund. And that money will go directly to the 911 centers. So, it… it's kind of a two-prong problem. We want the carriers to upgrade their… their 911 services, we want the 911 centers to be able to have new equipment and use all the new technology available to them. So, that's why we're… we're trying to do it. We're trying to say, 'hey, if you 09500033.doc 17  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 don't take this money within 2 years, you're not going to… you're not going to have it anymore.' And it'll go directly to the 911 centers. And hopefully then, with this new money for the 911 centers, they will be making these upgrades."

"It… it's the… the E911 System which is the Enhanced 911 System."

"Which will be able to… when someone makes a call on the phone, on their cell phone, that they'd be able to identify exactly where the cell phone is."

"Not all 911 centers, not all carriers have that technology yet."

"And… and I've just been informed by our staff that I guess there also is like new software that comes out…"

"And they have to make to it compatible. So, there are upgrades that the carriers have to make as well, I guess."

"I would appreciate that"

"It… it's hard to look into the future. I… I can tell you that I guess with the decrease of landline phones, these 911 centers…"

"So, it's tough to look into the future, but I know there is more… definitely more of a reliance on it today…"

"…than there were a few years ago."

"And it's my understanding it's still the Illinois State Police

"…that would pick that up."

"Yes."

"Representative Mulligan. Mulligan."

"Sponsor yields."

"I am… I'm not sure of that. I know the Emergency Fund was protected from sweeps. I… I don't believe the Carrier Reimbursement Fund was… was ever protected from the sweeps."

"The Emergency Fund proceeds… money from there goes directly to the 911 centers. The Carrier Reimbursement Fund is given back to the carriers to help them pay for any upgrades they make to their 911 services. And… and that's present law right now. We're not changing that at all."

"It… it's my understanding that the Emergency Fund was protected, but the Carrier Reimbursement Fund was not protected."

"That… that was my understanding. That came out of committee."

"I… I'm not sure of that. I… I don't know."

"And… and that's kind of exactly what we're trying to do with… with this legislation. Any excess money that's in there after 2 years we're allowing those funds to be transferred from the Carrier Reimbursement Fund, which there's a big excess right now. We want to be able to take that and give it to the 911 Emergency Fund, so that money goes directly to the 911 centers. So, that's what we're trying to accomplish with this legislation." 09500033.doc 22  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"I agree with that."

"Mr. Moffitt."

"Sponsor yields."

"This just extends the Act downstate for 5 years. This does not apply to the City of Chicago."

"I… I'm not sure when the Chicago Act sunsets."

"I… I think it's this year, as well, or '08.

"But I… I'm not positive."

"Yes, that's correct."

"That… that's correct."

"That… that's a totally separate issue. Actually, it's a Bill that… that I know you're carrying, Representative Moffitt. And this Bill does not increase the… the amount of money for the surcharge, either downstate, Chicago. So this does not apply to the City of Chicago."

"I would totally agree with that. And, hopefully, we will be addressing that in the next couple weeks when we get back from break."

"I think that's an excellent idea. And I would certainly support that."

"Especially in light of Representative Black's comments earlier. And he just actually kindly dropped off the article. I'll be taking a look at it. So, I… I definitely think that's a great idea."

"Thank you."

"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Clerk shall take the record. On this question, there are 115 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Black."

"State your point."

"Mr. Bill Mitchell." Mitchell, B.: "Thank you. Thank you, Mr. Speaker. I rise for a point of personal privilege."

"State your point." Mitchell, B.: "Yeah. Over in the… over in the Democratic gallery, could the young men… men and women stand up, please, right now. I'd like to give them a big welcome… in Macon County, in Representative Flider's and my district, we've had a very good month. Is… My home football team Maroa-Forsyth and the basketball team won the championships of the first time in many years that a school won both the football and basketball. But not only do we have good athletes in Macon County, we've got smart people. So, I'd like to introduce the Lutheran School Association who are the small school Class A Scholastic Bowl champs. So, thanks a lot. Appreciate your hard work. Let's give 'em a big welcome."

"Mr. Meyer, do you wish to call House Bill 50? Mr. Clerk, read the Bill."

"Mr. Meyer." 09500033.doc 26  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"The Gentleman moves for the passage of the Bill. Is there any discussion? There being no discussion, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Rose. Mr. Rose."

"Mr. Osterman, do you wish to call House Bill 375? Mr. Clerk, read the Bill." 09500033.doc 28  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 375 creates the Great Lakes-St. Lawrence River Basin Water Resources Compact Act. Legislation comes after years of collaboration with leadership of the eight Great Lakes states, and Canadian provinces of Quebec and Ontario, and environmental advocates. All agree the precious water in the Great Lakes Basin is a fragile and finite resource. And accordingly, we must join together to protect and manage the future use of the Great Lakes' water. House Bill 375 prohibits new… new increased out of Basin diversions of water except under special circumstances. It creates a council of the Great Lakes governors that will work on the government structure to review water uses involving the Great Lakes and review and regulate any future proposals for water diversions. The future pressures of Great Lakes water are unknown. This compact and council offer positive framework to plan for the future and make decisions that are in the best interest of… preserving the Great Lakes wat… water for current and future generations. Illinois today is under a consent decree. And this consent decree gives Illinois sovereignty as we decide our water uses in the future and at present day and that will remain under this compact. But this will give us a positive framework and a seat at the table as we decide water uses for the Great Lakes in the future. It's in supported by the environmental community. There's no opposition. And I'd ask for an 'aye' vote." 09500033.doc 29  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"The Gentleman moves for the passage of the Bill. Is there any discussion? There being no discussion, the question is, 'Shall this Bill pass?' The Chair recognizes Mr. Franks."

"I just wanted to speak briefly for the Bill, if I may. I want to commend the Sponsor. We worked on this together for a long time. And this… Understand when you're voting for this, that our… our natural resources are not always replenishable. And the genesis of this Bill, as we've seen in other areas that have not protected their watersheds, as they've lost them. And the Urals in… in Asia, for instance, there's been entire lakes, 60 miles, that have been diverted for irrigation and other purposes, that have just been decimated. This is a very important Bill for our future. And I appreciate the Sponsor's hard work on it."

"Again, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Is Mr. Saviano in the chamber? Saviano? Mr. Bill Mitchell, did you wish to call 3721? Mr. Clerk, read the Bill."

"Mr. Mitchell." Mitchell, B.: "Thank… thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3721 provides that the 09500033.doc 30  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 Department of Natural Resources may issue crossbow permits to persons age 60 or older upon the appropriate verification of age. Right now they have to be 65 and they have to have a doctor's permit and that becomes cumbersome. There are no opposition to this Bill. And I sure would appreciate answering any questions."

"the Gentleman moves for the passage of the Bill. There being no discussion, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? The Clerk shall take the record. On this question, there are 115 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Reitz, did you wish to call 1778? Mr. Clerk, read the Bill."

"Mr. Reitz."

"Thank you, Mr. Speaker. House Bill 1778 adds to the list of imprest accounts that the Treasurer and the Comptroller set up. This will allow the Department of Natural Resources to pay out cash prizes and purchase awards in association with events held at the World Shooting Complex. DNR currently doesn't have that ability. This will follow the same rules and regulations that they use for the State Fair and for universities that also have similar imprest accounts. I'd be happy to answer any questions." 09500033.doc 31  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"The Gentleman moves for the passage of the Bill. Is there any discussion? There being no discussion, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. For what purpose does Mr. Molaro seek recognition?" Molaro: "Thank you, Mr. Speaker. For a point of personal privilege."

"State your point."

"My point is that this may mean something to me and you and hopefully the whole Body. In the gallery behind me, we have students from the eighth grade class of St. Rene School. They are accompanied by their principal, Marlene DeSantis and their eighth grade teacher, Janet Block. For those of you who don't know, St. Rene is a great Catholic school in Chicago that borders my district and the Speaker's district in the 63rd Street area in the City of Chicago. And I'd like to welcome them to Springfield, if we may. Stand up and say hello. Hi, ladies."

"Representative Mulligan."

"State your point."

"Mr. Saviano, did you wish to call 121… House Bill 121? Mr. Clerk, read the Bill."

"Mr. Saviano."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the committee, I'd like to present to you House Bill 3463 which makes an Amendment to the Illinois… Build Illinois Bond Act to make it… it possible for a… unincorporated communities that need a… a sewer system to be eligible to at least apply for the grant. Now, Representative Sullivan has a very similar Bill to accomplish what I believe to be the same goal. In my community, there is an unincorporated association that has been operating on septic sewer systems for… for decades. Their septic sewer system has been condemned. They are now confronted with a bill… there is approximately 80 houses that are confronted with a bill three point two million dollars ($3,200,000) to install a sewer system. Because of the way the law's presently written, an unincorporated association is not even eligible to apply for the grant. We know that if the… if this area can apply for the grant, it is a competitive grant. It would probably only pay one tenth of the cost, but it would give them an opportunity to get some assistance from the State Government to show them that the state is willing to help them in some way with their remediation of this problem. I'd ask for your support and I welcome any questions."

"The Gentleman moves for the passage of the Bill. There being no discussion, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? 09500033.doc 34  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 Have all voted who wish? The Clerk shall take the record. On this question, there are 115 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Schmitz, did you wish to call House Bill 2782? Mr. Clerk, read the Bill."

"Mr. Schmitz."

"The Gentleman moves for the passage of the Bill. There being no discussion, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Soto, 09500033.doc 35  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 did you wish to call House Bill 619? Mr. Clerk, read the Bill."

"Representative Soto."

"Yes. Thank you, Speaker and Members of the House. House Bill 619 adds a new section to the Income Withholding for Support Order Act to provide that an… House Amendment #1 adds a new section to the income withholding for Support Acts… Act to provide that an officer or an employer of any payer, person responsible for paying income to a person obligated to make child support payments who is respons… responsible for withholding and paying income under the income withholding notice who willfully fails to withhold or pay over income is personally liable for a penalty equal to the total amount that is withheld. I urge an 'aye' vote. Thank you."

"The Lady moves for the passage of the Bill. There being no discussion, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 people voting 'yes', 1 person voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Schock? Mr. Schock, do you wish to call 414? Mr. Sommer, do wish to call House Bill 2783? Mr. Clerk, read the Bill."

"Mr. Sommer."

"Mr. Fritchey."

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

"Sponsor yields."

"Representative, not an inquiry but more a suggestion. I have made several years back some modifications to the veterans plates that we had had out there as far as who was included and who's not. My memory may not be completely accurate, but I believe that we have already included them in those plates. My only suggestion to you, and I'm not saying you haven't done it already and maybe my memory is incorrect, but you may want to just double-check with the Secretary of State's Office or the research unit to make sure that we're not doing something that we've already done."

"Thank you."

"Okay. That… that raises a… an interesting question then, of… You know, our respect is always high for service members, both active and retired. And obviously, we can have license plate discussions ad nauseam. What this will… What I can see then this opening up is the floodgate to license plates for service members that are in other areas around the world for each locale. And I think that you would agree with me that a service member that is stationed or has been stationed in Korea post… post cease-fire is every bit as honorable as every other serviceman and woman that has been in every theater of war in every place where we have peacetime operations around. Gosh, ya know, no… nobody wants to vote against a plate like this, but ya know, something like this opens… other than Representative McCarthy. But and I… I true… I mean this with all respect, but gosh, this is just going to open up the floodgates now for countless numbers of other plates for specific… for servicemen and women stationed in specific locales around the globe. They all deserve our respect, obviously. But I just don't know that we need to have, ya know, a license plate for people that have served in post-cease-fire Korea. A license plate for people that have served in areas that have been sources of conflict in the past, be it Vietnam, be it Europe, be it Northern Africa, wherever it may be. I… I say this in no way as a disrespect to these men and 09500033.doc 38  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 women, but we're going to wind up with more and more and more of these. So, that's all. Thank you."

"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 people voting 'yes', 3 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Turner, did you wish to call House Bill 1290? Mr. Verschoore? Mr. Verschoore, did you wish to call House Bill 333? Mr. Clerk, read the Bill."

"Thank you, Mr. Speaker and Members of the Assembly. What this does is… is what they call a rollback carrier. It's a cleanup language for the Secretary of State. And right now, the license plate only covers the… the vehicle that's carrying the whatever piece of machinery or… automobile or whatever. What this would do is make them have a… a license plate that would cover the gross weight of not only the truck but of the piece of equipment they were hauling. And I'd ask for an 'aye'. And I'd be happy to answer any questions."

"Mr. Hannig in the Chair."

"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? 09500033.doc 39  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 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 Stephens, would you like us to read House Bill 617? Out of the record Representative… Oh, there he is. Shall we read that Bill on Third? You want to move it? Okay. So, Mr. Clerk, let's return House Bill 63… 617 to the Order of Second Reading at the request of the Sponsor. And Representative Sullivan, you have House Bill 132. Is that correct? Mr. Clerk, read the Bill."

"Representative Sullivan."

"So, Mr…"

"Mr. Clerk, why don't you give us the status of what Amendments have been adopted and… and what is pending."

"Why don't we move this back to Second, since you're apparently going to need an Amendment?"

"And we will see what we can do, okay? So, that's… Mr. Clerk, return that to the Order of Second Reading at request of the Sponsor. Representative Myers, for what reason do you rise?"

Speaker Hannig: "Okay. So, the record will reflect your intentions, Representative."

"Okay. So, Representative Sullivan, on page 36 of the Calendar you have House Bill 3614. So, Mr. Clerk, would you read the Bill?"

"Representative Sullivan."

"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? 09500033.doc 41  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 Representative Will Davis? 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 Tracy, you have House Bill 3395. Mr. Clerk, read the Bill."

"The Lady from Brown, Representative Tracy."

"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 112 voting 'yes' and 3 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Tryon, you have House Bill 3729. There he is. Do you wish us to read this? Mr. Clerk, read the Bill."

"Representative Tryon."

"This is on the Order of Short Debate, but in order to accommodate a number of Members who wish to speak, we'll put this on Standard Debate. And Representative Black, you're the first to be recognized."

"He indicate he'll yield."

"Representative Eddy."

"Indicates he'll yield."

"Representative Rose."

"Representative Tryon to close."

"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 106 voting 'yes' and 9 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Wait, you have House Bill 270. Mr. Clerk, read the Bill."

"Representative Wait."

"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… Representative Turner, 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 Washington, you have House Bill 1562. Mr. Clerk, read the Bill."

"Representative Washington."

"Thank you, Mr. Speaker. Mr. Speaker, this Bill, House Bill 1562, grows out of an extenuating circumstances in my district. The school district, with good intent, had accepted some land sometime ago that we were going to use for the education of our children in District 60. And come to pass that that land wound up being something that the EPA would be interested in in terms of a contaminant. And so, what we're asking with this Bill is to levy an annual tax in order to pay the cost of the settlement under the Federal Comprehensive Environmental Response. And I'm 09500033.doc 48  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 askin' for support for my particular district. And I'm open for any questions."

"The Gentleman has moved the passage of House Bill 1562. Is there any discussion? Representative Black."

"He indicates he'll yield."

"Representative, I'm asking for some flexibility for my district. Due to the fact that the land that was given to the school district beginning in 1958 and in the '60s. Waukegan had gave that to the school district, but it come to pass that this land cannot be used because it's on the hazardous waste… it's a waste site. And so as a result, the district has accumulated some serious bills as it relates to that. And so, we ask for a sunset provision to provide that the school board may levy an annual tax to pay the cost of that settlement. That's the essence of the Bill."

"It does only apply to the Waukegan School System, Representative. Even though the lawsuit has been settled, but the… settlement hasn't been paid. So, this would give us an ability unique to Waukegan situation that started out with good intents. But now it's… it become a problem. And, you know, we already in a balancing act in trying to make sure that the school system stays on an even economic tilt. And we really need this unique help for my district. And it is for my district only."

"Representative, my understanding is that this is a…"

"No, I know that, Sir."

"Representative…"

"Representative, I just want to add to you, your feelings would be the same as mine. We share the same concern. But I'm here to tell you that there is no school district in the entire state that has the unique problem that we're faced with, with this land that has wound up being on a waste… hazardous waste site. So, it’s… it's no other… there is no other school district that this applies to other than Waukegan."

"To Representative Black, your… your 5 minutes have expired, but bring your remarks to a close, please." 09500033.doc 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Representative Washington."

"Can I request one thing? Before we go on, and I'm considering what the Representative is saying to my right. I totally concur with him. This was not a blanket thing to just open up the gates, but it was to deal with a particular unique situation that no other school district is facing throughout this state. To have land given to it in 1958 and then that land wounds up being unusable. And it's costing our school district and it's a drain on us. And it's taking money from our children. But my colleague, Representative Fritchey, has some added information that I would like for the record before we consider pulling this Bill."

"We'll continue, then, with the debate. And Representative Fritchey, you're next."

"Thank you, Speaker. To… to the Gentleman from Vermilion, let me… let me try to hopefully allay your concerns. The… the legislation deals with a specific situation which I believe that the Gentleman from Vermilion 09500033.doc 52  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 and all of us would be amenable to trying to address and that is the rare but existent situation of schools that have found themselves in the unenviable position of owning contaminated properties. The Waukegan School District that Representative Washington happens to represent found itself in a situation where they are required to pay settlement under the terms of CERCLA, the Comprehensive Environmental Response Compensation Liability Act, and under the EPA. So, what he has done is crafted legislation that has said, if you have a school that finds yourself in this situation, if you have a school that finds itself the unwitting holder of contaminated property and, therefore, having to pay a settlement because of that, that… that that district shall have the permissive ability to use funds for that purpose. The Representative from Vermilion said that this should not be an open-ended exception. It is not. This Bill is intended to sunset in 2010. The Bill, as originally drafted, would apply to any school district that finds itself so situated. As Representative Washington indicated, as far as he knows and as far as staff knows, no other school finds itself in that situation. Should such a determination be made, what would happen is that there would be a Bill very similar to what Washington… Representative Washington is trying to do for his district and we would entertain it and we would pass that Bill. This Bill is evidence of a Legislator doing what a Legislator is supposed to do, as Representative Black had indicated yesterday on another matter. Representative Washington is advocating trying to help his school district 09500033.doc 53  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 out in a very unique situation, not for some extravagant expenditure, but to help it get itself out of a situation that was not of its making, was not of its doing. Representative Black, I know that you've asked him to pull this Bill out of the record, but I think that if you listen somewhat to what I have said and more importantly taken a look at what the legislation says it… it is carefully crafted and narrowly crafted to address this situation. It's a proper piece of legislation to address a significant situation. It's not overly broad. It's not a Trojan horse for something else. I believe that this is something that we can all support and be comfortable in supporting. Thank you."

Speaker Hannig: "Representative Black, did… did that help clarify?"

"Surely."

"No. You… you are entirely correct. And if… I… I… I won't deign to speak for the Sponsor." 09500033.doc 54  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"But let me say… To… to… to the extent that there was a representation made that there is language in the Bill specifically limiting this to his school district, that language is not in this Bill. The intent… I think the intention in reference was of no other school district finds itself similarly situated. And what… the only point that I was trying to posit was, I know you well enough after a decade now, if we found another school district so situated, we would go to help that district too, because that local Legislator… Legislator would try to do something just like this. What he has done, I think, is drafted it in such a way that it's not special legislation, but it is drafted in such a way to deal with a situation that is location specific and with the narrow sunset date, I think if anything if another school found itself in that situation we'd help them. I don't think that there is another school out there so situated. And that we have tried to craft, and I shouldn't say we. I'm not going to take credit for this. Representative Washington has tried to craft a Bill that passes this test and is narrowly focused to address that specific concern. If it doesn't do that, then let's meet and talk about this. But I… I hope that clarifies it somewhat."

"Representative Black."

"Representative Eddy." 09500033.doc 55  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"He indicates he'll yield."

"Representative, I can't answer that. I can only go to the content and the nature and subject matter of the Bill. There is no other school district going to take any land that's going to be wound up in the '50s and wound up being on a list of hazardous waste site. It is a unique situation. The only situation like its kind in the State of Illinois. It's… That's why… that's why the Speaker signed off on the sunset of this Bill. It is just to address an already settlement and help us take care our bill before it continues to rob from our children's resources. That's all it is."

"Right."

"Rep… Representative, I don't think they are because with the school representative that I met in… in crafting this legislation and I'm sure… I would give them credit that had they…"

"Right."

"Right."

"Thank you."

"Thank you."

"Representative Sullivan."

"Representative Washington to close."

"Mr. Speaker, thank you. And thank you Committee Members for those fine questions because they… they have concern to myself as well. But I'm asking you… you to support me on this because my school district is in a 09500033.doc 58  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 unique situation. And we really need to get out of this. This is draining us. So far, we haven't lost our shirts, but if this continues on it's going to cause us some problem. So, I'm asking 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? Representative Mathias and Lyons, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 72 voting 'yes' and 43 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative D'Amico, for what reason do you rise?"

"Point of personal privilege."

"State your point."

"Up here in the gallery right behind me, I'd like to welcome a grammar school from my district… from my district, my neighborhood, Edgebrook grammar school. Thanks for making the trip on down."

"Representative Watson, you have House Bill 1833. Mr. Clerk, read the Bill."

"Rep… Representative Watson."

"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 Colvin and Lindner, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 6 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Winters, you have House Bill 187. Mr. Clerk, read the Bill."

"Representative Winters."

"The Gentleman has moved for the passage of House Bill 187. Is there any discussion? Representative Franks."

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

"He indicates he'll yield."

"Thank you. Representative, I… I appreciate you coming to talk to me about this Bill the other day. Our analysis indicates that there'll be 31 additional road districts that will receive the MFT funds. Can you list those districts and where they are?"

"Because our… our analysis also indicates that the other existing road districts would then get less money 'cause we're not allocating additional monies, we're just give… giving more pieces to the pie."

"So, it's a fairness issue for those…"

"…that are paying in but not getting anything back."

"Because you're asking us to vote… for instance in my county there's not going to be anyone additionally who would be eligible. But we're… you're asking us to voluntarily take probably a little less."

"Yeah."

"Right."

"Okay."

"In… in each of the counties."

"Thank you. You've explained it very well. Thank you."

"Representative Boland."

"Yes. Thank you, Mr. Speaker. Sponsor yield?"

"He indicates he'll yield."

"Dave, when you and I talked the other day when you were… came over to explain the Bill, you had pointed out that South Moline Township where I happen to live would get more money. Is that correct? But the money would come from the other townships within Rock Island Coun… County."

"Is that correct?"

"The… the…"

"Right." 09500033.doc 63  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"So… so, it's a… it's a fairness for South Moline Township, but I hate to see it draw away from the more rural townships that have more mileage."

"So, they… they could actually not be hurt then by this." 09500033.doc 64  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Okay. Thank you."

"Representative Winters to close."

"The question is, 'Shall this Bill pass?' All those in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cultra, Eddy, Sommer, do you wish to be recorded? 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. Representative Yarbrough, you have House Bill 1330. Do you wish us to read that? Mr. Clerk, read the Bill."

"Representative Yarbrough." 09500033.doc 65  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Thank you, Mr. Speaker and Members of the House. This Bill is a initiative of the National Center on Poverty Law that I've worked with on the past 3 years with teachers, social workers, domestic violence advocates, sexual assaults advocates, students, and their parents. The Ensuring Success in School Act promotes successful school completion amongst youth who are parents, expectant parents, or victims of domestic or sexual violence. By fostering their enrollment in school and school attendance, supporting their efforts to participate in school, and providing guidance to school districts when a student is an expectant parent, parenting, or a victim of domestic or sexual violence. To address the needs of students, the provision includes ex… excused absences related to pregnancy, parenting, and domestic or sexual violence, specifically trained personnel to serve as advocate for students, students confidentiality to encourage attendance and participation in school, and connecting students to community resources. I would ask that the Body support this measure. We intend to continue to work on the measure, as we've been presented with some other ideas of how we can strengthen this Bill. I'd be happy to answer any questions."

"This is on Short Debate. And in response, Representative Eddy."

"Indicates she'll yield." 09500033.doc 66  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Representative, I understand your concern. What we're trying to do here is make sure that every student gets an opportunity to succeed regardless of what circumstances they find themselves in. We want to identify a go-to person at the schools to be able to… to allow these people to know where they can go to get help. Now, as I mentioned to you, it's my intent… I'd like to pass the Bill out of this Body. The Senate Sponsor has agreed to work 09500033.doc 67  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 with the other groups that want to work on this Bill. And I've even been told today by some Members of your side of the aisle who would like to work on this measure."

"I understand your concern on that as well. We're not telling them how to go about doing this, we're just saying that the student can raise his or her status as a parent or an expectant parent or even a victim of domestic or sexual violence as a potential mitigating factor in determining whether to suspend or expel a student."

"We want them to have the opportunity to raise that, just in case, ya know, maybe a teacher or a social worker they… they just simply don't know what's goin' on with that student."

"I don't see page 11 of the Amendment. I don't think there's a page… Is that the underlying Bill that you're speaking of?"

Speaker Hannig: "Bring your remarks to a close, Representative."

"Thank you for your suggestions."

"Representative Monique Davis." Davis, M.: "Thank you, Mr. Chairman. I rise in support of the Lady's legislation. And I commend her because this Bill is an attempt to address some of those issues that prevent young people from completing their elementary or secondary education. Mr. Speaker, I am happy to join the following proponents who support this Bill; Chicago Teachers Union, the Illinois Maternal and Child Health Coalition, the Illinois Coalition for… School Health Centers, the Illinois Center for Violence Prevention, the Children's Home and Aid Society, Protestants for the Common Cause, the Illinois Coalition Against Sexual Assault, the Illinois Federation of Teachers, the Illinois… Voices for Children, Sargent Shriver's National senator… Center on Poverty. I would just like to say as we look at enrollment and attendance, very frequently some events that occur in a student's life that has not been addressed by educators or professionally, prevents that child from the good attendance that's needed for success in school. I think the Bill is called Ensuring Success in School for that very reason. There are some people who have had some of these difficulties in life, but there was some avenue in which they received help, continued their education. Some may be sitting here among 09500033.doc 70  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 us today. I believe that this is one of those Bills that will surely affect the attendance in the schools in the State of Illinois and help us to have more successful students. I commend the Lady for her passionate work on this Bill. And I urge an 'aye' vote."

"Any further discussion? Then, Representative Yarbrough, you're recognized to close."

"Thank you, Mr. Speaker. And I appreciate the words of wisdom that I've heard from this Body. My intent, again, is to move it out of this Body over to the Senate. And we intend to continue further work on the Bill. We think that every child in education needs the opportunity to succeed. And we certainly, I think, in all of our lives know of a child or children who have had some difficulties. Even they deserve a chance to succeed. I ask for an 'aye' vote. 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 76 voting 'yes' and 38 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Younge has House Bill 1259. Okay. That'll be out of the record. Representative Crespo on House Bill 876. Mr. Clerk, read the Bill."

Speaker Hannig: "The Gentleman from Cook, Representative Crespo."

"Thank you, Speaker and Members of the House. I'm here with House Bill 876, which will amend the Highway Control Act of 1971 to allow for relocation of billboards in a specific location in Hoffman Estates in compliance with the Federal Highway Beautification Act of 1965. The Bill clarifies the term 'business area' as it applies to signs owned or leased by the state or political subdivision. The zoning requirements have already been part of a comprehensive zoning and not created primarily to permit outdoor advertising structures. This Bill was presented to me by the Hoffman Estates Park District and has been strongly supported by the Village of Hoffman Estates. And basically what it does, it allows for relocation of three existing billboards in an area that is clearly a business area and allows for the installation of a fourth one. What it means for the park district is they have an agreement with the Chicago Wolves. If they lease two of those billboards, they get a return anywhere from one to two million dollars ($1,000,000-$2,000,000) which they intend to earmark for some of the lower-income residents in my district as well as seniors. I hope I get an 'aye' vote. And I'm pretty sure I'll be entertaining a lot of questions today. Thank you."

"The Gentleman has moved for the passage of House Bill 876. And on that question, the Gentleman from Cook, Representative Lang."

"Thank you, Mr. Speaker. Will the Sponsor yield?" 09500033.doc 72  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Indicates he'll yield."

"Did he actually indicate? Did he indicate that he would yield? Did you indicate, Sir?"

"Most definitely. Yes."

"Okay."

"All right."

"So, just… just for the record this is your first Bill, Sir?"

"Yes, Sir."

"And are you familiar with the Resolution that Bill Black and I passed 3 years ago that freshmen are not allowed to do first Bills on getaway day? Were you familiar with that?"

"Actually, ya know, you guys were there during the orientation. You did not mention that, Representative."

"We did not mention that during orientation?"

"Not at all."

"Well, that's 'cause we didn't want to scare you away, Sir."

"Okay."

"So you're… you're going to proceed with this anyway?"

"Yes, Sir."

"In violation of House Rules, do you want to take this out of the record?"

"Yes, Sir."

"You do want to take it out of the record?"

"No, I do not. I want to continue with this."

"Oh, okay. Thought maybe we were going to move on to another Bill. So, I'm reading through your Bill, Sir, and 09500033.doc 73  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 I'm noticing a peculiar part of the Bill. It talks about the fact that this has to be adjacent to the… to within 660 feet of an interstate highway that is in Township 41 North, Range 10 East. Is that correct?"

"Correct."

"Why 660 feet? Why not 630 feet or 680 feet?"

"That's the state requirement. It has to be 660 feet from the highway."

"That's a state requirement?"

"Mmm hmm."

"The state requires 660 feet. Is that correct?"

"Yeah, it's true… right. It's part of the Highway Advertising Control Act of 1971."

"Well, now why does it need to be in your Bill if it's already part of the State Law? Would you like your staffer to come to the microphone there…"

"No. I won't be that long."

"Sir?"

"Give me one second."

"Yeah, we'll wait 'cause we have nothing better to do, Sir."

"Representative, it is part of the law. We just wanted to make sure it was on the record, make sure it was clear."

"So, it's part of the law, but we're reiterating it in another law?"

"Correct."

"And I notice it's talking specifically about Township 41 North, Range 10 East. So, are we talking about a specific piece of property then, Sir?" 09500033.doc 74  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Specific piece of property in Hoffman Estates. It currently has three billboards right now."

"So, you… you're aware that the Illinois Constitution allows or re… forbids, prohibits special legislation that would only affect one locality or one person or one entity? You're familiar with that Constitutional provision?"

"No, I'm not."

"Maybe staff can tell you about it. We'll wait."

"I guess the question is, 'What is the standard on special legislation, Representative?'"

"So… I'm asking the questions here, Sir. So… so… so, do you not feel that this violates the Illinois State Constitution?"

"As far as I know, it does not."

"Is this in your district, Sir?"

"Yes it is, Sir."

"Well, if I needed something like this in my district and Mr. Black needed it in his district, would you try to be helpful to us?"

"Well, I think and there's some compelling arguments, Representative. I think it's something that we, as a Body, should consider. Especially in this case, it will have a huge impact to the residents of my district, specific… specifically seniors and folks on a low income."

"Now, according to my analysis the Hoffman Estates Park District will get four point five million dollars ($4,500,000) over 15 years because of these billboards, is that correct?" 09500033.doc 75  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"They actually… That's the agreement they had with the Chicago Wolves, but because they couldn't comply with the two billboards, they're actually losing anywhere from one to two million dollars ($1,000,000-$2,000,000) in… in 15 years."

"So, they're no longer in an agreement with the Wolves? They're going to get these billboards from some other advertiser? There'll be some other advertising?"

"Well, actually right now there's nothing they can do. Th… that part of the agreement… the park district's actually losing out."

"I see. And was it the Hoffman Estates Park District that came to you with this legislation, Sir?"

"Yes, Sir."

"And why you?"

"Well, I… Well, number 1) I was a… as a former trustee in Hoffman Estates, that had come in front of the Village of Hoffman Estates asking for the permits to get these… these billboards. They were unanimously approved. So, I became aware. And when I became a State Representative, they did ask me to please take up the cause. I've had a great working relationship with the park district in Hoffman Estates. We've done some great work for a lot of our residents, especially those, again, a lot of seniors, a lot of minorities, and folks… low-income folks."

"Now, you aren't going to be coming back and asking us for some quick-take here, are you?"

"I don't think so, Sir. No, definitely not." 09500033.doc 76  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"All right. So, in… in the last section of your Bill it says, 'The provisions of this Amendatory Act of the 95th General Assembly shall not be applicable if such application would impact the receipt, use, or reimbursement of federal funds by IDOT.' What's that mean?"

"Give me one second."

"Okay, Sir. Check with staff."

"And you're reading from the analysis, correct?"

"No. Actually, I'm reading the actual Bill. Page 2, subsection (c), last page. By the way, just while you're checking that out I just want you to know what a good time Representative Hernandez is having at your expense. So, go ahead, Sir."

"Okay."

"She went through this yesterday, Sir. You need… Should we break for lunch, Sir?"

"No, no. Actually, I'm trying to understand the point you're trying to make, Representative. In terms of… Are you asking, is IDOT required to…"

"I'm… I'm just asking what this means. I'm just a simple lawyer. I don't understand the language of the Bill, Sir. So, what does this mean?"

"Basically, it's just requiring that… This is stating that IDOT is not required to use any extra money out of this. And… and… I, actually, I forgot you are an attorney."

"Yes, Sir. I am."

"Okay. I'm a law school dropout. So, I…" 09500033.doc 77  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"You heard Mr. Black say yesterday it took me five and a half years to get out of law school. He doesn't know the half of it. So… so, this isn't applicable if… if this would impact the receipt of federal funds by IDOT. Have you checked with IDOT to determine if it will impact their funding?"

"We did check with IDOT. They actually helped in drafting this piece of legislation."

"And have you checked with the Federal Government to see if they have any problem with this, Sir?"

"As far as I know, we have not."

"Have you checked with the Federal Government?"

"I have not."

"Who's your congressman, Sir?"

"Congressman Melissa Bean."

"I see. And… and you… you haven't bothered to pick up the phone and call that person to determine if this is an issue?"

"I was just relying basically on the park district. They did meet with their attorneys. And they drafted the legislation with IDOT."

"I see. So, you're relying on others in your efforts to move this Bill along, Sir."

"I've relied on these folks in the past and they haven't failed me yet."

"Okay. So, Mr. Speaker, to the Bill. I… I think it's a problem, as I said before, when freshmen on getaway day would waste our time with this foolishness. But Mr. Crespo has worked very hard on this Bill. He doesn't understand 09500033.doc 78  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 it so well, but he's worked very hard on it. And I think, though, that he ought to take the Bill out of the record. I'm sure you would agree, Mr. Speaker. He's… he hasn't talked to his congressperson about this. He hasn't really discussed it with IDOT. He doesn't really know what's going on this billboard. Perhaps it'll be a billboard we don't like, Sir. And so, I… I'm sure the Members of the House would agree, don’t you all, that he should take this Bill out of the record right now? Yeah. So, I'm going to wait. I'm sure Mr. Black will have similar comments. And I'm… I'm sorry you'll have to put up with that, Sir. Thank you."

"The Gentleman from Vermilion, Representative Black."

"Yes, Sir."

"He indicates he'll yield."

"I do have… I do work with staff. I do check with them."

"We have zoning. The zone is…"

"The zoning is business."

"Commercial use."

"Correct."

"Well, it actually… the Illinois laws are more restrictive than the Federal Law, Representative. The Highway Beautification Act of 1965, which is a Federal Law, tends to be a little bit more permissive. And actually this was complied with that Federal Law. The Illinois law, when it was written, took into account what was in place in 1959. Hoffman Estates wasn't even incorporated until 1959. So, for us to just have this law restrict us because it's considering Hof… that particular area has a nonbusiness… It's actually incorrect nowadays. It is very clearly zoned for commercial use."

"Actually, verbatim here, 'the business area', according to the Act, means 'any part of an area adjacent to and within 660 feet of the right of way which is at any time zoned for business, commercial, or industrial activities under the authority of any law of this state or not zoned but which constitutes an unzoned commercial or industrial area as defined in Section 3.11. However, as to signs along interstate highways, the term 'business area' includes only areas which are within incorporated limits of any city, village, or in… incorporated town as such limits existed on September 21st of 1959 and which are zoned for industrial or commercial use or both.' And, again I repeat, in 1959 which is when this Bill was put in… in the books, Hoffman Estates as… as a village didn't even exist at that point."

"Yes… yes, we should. For purpose of this Act, that is exactly what I read to you, Representative Black. That's what they were looking at when they adopted this piece of legislation back then."

"Well, the… as I stated before, IDOT did help us draft this Bill. And they include language that in… in the event that there is a discrepancy, there is an issue we will, yes, abide by that."

"Actually, that was included in there at the request of IDOT…"

"…in terms of being proactive. They feel that there should not be an issue. However, they just felt that this was the way to draft it to… just in case. And in terms of your second question, Representative Black, no, I do not know any financial exposure at this point. And, again, if there were, there is language there where we just repeal the entire law. Not the entire law, just specific… the Amendment." 09500033.doc 82  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Well, IDOT… Again, this is the first I hear about that, Representative. Again, the way this is drafted right now, this Amendment, if that were the case we would just repeal the Amendment and in hopes that that… not in hopes. Based on the conversation with IDOT and the attorneys who helped them draft this, it wouldn't even get to that point."

"I cannot speak for Hoffman Estates. As a former trustee, I do know all the folks out there, but I'm not in the liberty of speaking for them, Sir."

"We haven’t looked at case law to see if it was unconstitutional or not, Representative. Again, it was just put in there just to make sure make sure our intent was very clear."

"…Bill."

"Representative Fritchey."

"Thank you, Speaker. This is an uncomfortable situation. Will the Sponsor yield?"

"Indicates he'll yield."

"It… it's an uncomfortable situation to do on a first Bill and it's an uncomfortable situation to do to a friend. So, in this interest, let me see if I can try a different tact. On the technical aspects that was raised… that were raised by the previous speaker and the conflict with the Federal Law I've dealt with some of these issues in the past. The Gentleman is correct. Can I ask you, with all due respect and you're not going to offend me one way or the other, you might just want to pull this out of the record and see if it can be fixable. There… there's some conceptual issues that people may have and you have never addressed those. But I think you could… you could address enough of them to pass the Bill. There's some technical aspects which I think will either create problems for you in this chamber, the other chamber, or at the Governor's desk. You… you… I… I believe that you wholeheartedly have the passion for what you are trying to accomplish here, but I'm not sure that you've got the legal footing that you want to be on. Representative, I mean this with all due respect, pro… proceed as you will. In the interest of disclosure, I will vote 'no' because this Bill… I can't… I do not believe can withstand legal scrutiny in its present 09500033.doc 87  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 form. I just wanted to make that as a humble suggestion to you. Thank you."

"Representative Mulligan."

"He indicates he'll yield."

"My understanding of the principals would be George Moser and… who is a developer in Hoffman Estates."

"Representative Molaro."

"Thank you. Well, there are a couple State Representatives that asked that this be taken out of the record. One of the reasons you take a Bill out of the record is maybe you make it better. And then certain people that ask you to take it out of the record could then vote for it. The reason I think you should call your Bill is I haven't heard these people say that if you take it out of the record and you work with them that they'll vote for it. I mean, you call a Bill. If it gets 60 votes, it passes. If it doesn't, you lose. I mean many Bills not get 60 votes. As a matter of fact, my name's on the trophy back there on a couple Bills. So, I… ya know, I just don't understand when… If… if someone's saying to you, Representative, take it out of the record and we can work with you and you can… we'll help you pass this Bill, well then I would consider that if I were you. But from the comments that were made it seems like they're against the Bill and it's for a public policy that I don't know if you took it out and worked with them for the next five weeks that could ever change. In other words, you're… you're taking an area that's a nonbusiness area and making it into a business area. But I do have to ask you this 'cause 09500033.doc 89  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 maybe it'll make us feel a little better. There was an agreement made between the Wolves and the park district. Right? To keep the Wolves in Hoffman Estates?"

"Correct."

"Is that the idea? So, sort of an economic engine. Now, when they were doing these billboards, do the billboards… Is there at least something somewhere where the billboards are actually going to be for the Wolves hockey team?"

"No. Actually, this particular location, Representative, currently has three billboards. The owner of the property, of the billboards, agreed to give two to the park district, who in turn, can lease them to the Chicago Wolves. But he wants to keep two for himself. And that's the dilemma. They actually have three, we need a fourth one."

"Okay."

"And… and in response to… to the Representative before, we're not asking to put billboards where none have existed before. Now, in… I have heard all of you. I respect this… this Body and I'm hoping to work with Representative Fritchey as well. I understand there's are some concerns with the federal aspect of this and what it would mean. I'd be more than willing to take it out of the record. However, saying that, it's… it might be considered a bad Bill for some. In my case, what we're looking at in Hoffman Estates is what this means is anywhere from one to two million dollars ($1,000,000-$2,000,000) for them to subsidize programs for senior citizens and folks who can't 09500033.doc 90  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 afford some of these programs in Hoffman Estates. And I think it’s a great, great way to have a public/private partnership come… come and show what they can do at no cost to the state or the village but…"

"Right. Well, Representative, if… if you take it out of the record which I think you are, is that what you're indicating?"

"Correct."

"I would hope that the people who asked you to take it out of the record would… would be willing to work with you because if you don't like the Bill, then you get up and speak against the Bill and you ask your colleagues to vote 'no'. The only time I would ever ask anybody to take it out of the record is so I could work with them to make it a better Bill so I could help them pass it. So, I hope that's the reason that people asked you to take it out of the record and you could count on their 'yes' votes when you bring it out. So, if you take it out of the record, good for you and hopefully you'll work with them and we can have a unanimous vote when it comes back."

"So, that your intention, Representative, would take it out of the record?"

"We'll take it out, work with I know Representative John Fritchey. If there's anyone else who has some concerns who'd like to talk to me, I'd be more than happy to talk to them. I intend to bring this back."

"Okay. So, out of the record at the request of the Sponsor. Representative Burke has House Bill 1279. 09500033.doc 91  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 Representative… Excuse me. Representative Feigenholtz, is… is this your Bill?"

"No, it is not."

"Rep… Okay. Mr. Clerk, read the Bill."

"Representative Burke."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1279 simply says that defibrillators must be placed at outdoor sports facilities as well as the indoor facilities. I'd be happy to answer any questions."

"Mr. Clerk, did… could you advise us if all the Amendments… what the status of the Amendments are?"

"So, did you wish to adopt that? You did? Okay, so…"

"I'm sorry. Yes, I do ask for the adoption of…"

"So, let's… let's return the Bill to Second Reading. And Mr. Clerk, are there any Amendments?"

"And on the Amendment, Representative Burke."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment… the Amendment that I'm introducing would eliminate and not require the device for park district 09500033.doc 92  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 facilities. So, it exempts all park district facilities in the state."

"So, on the Amendment, is there any discussion? On the Amendment, Representative Nekritz."

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

"He indicates he'll yield."

"Representative, I just wanted to clarify that the Amendment says that facilities owned or operated by a park district organized under the Park Districting Code. So, that would include park districts that are set up as… as separate entities. Would it also include municipal recreation districts?"

"Yes, there is language in that that would include other similarly titled entities."

"And that… and that language is within the Park District Code that… that defines those municipal recreational districts?"

"I believe in the Amendment we specifically identified other entities that don't operate under the name of park district but are similar in activity."

"Okay. So, what… so, what you're telling me is that the… that the municipal… municipal recreation districts…"

"Correct."

"…aren't specifically listed here… Oh the… because that… that would just be then the two. The Chicago Park District and the Metro East Park and Recreation District?"

"I thought there were only…"

"They're specifically delineated in the Amendment."

"Yes." 09500033.doc 93  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Because I believe that… that Lincolnwood has a municipal-owned recreation district…"

"Well…"

"…that's not a separate park district."

"For legislative inten, it is our intention to exclude all entities that resemble a park district at a municipally operated…"

"Okay."

"…recreation facility."

"So, if we could just… If as… if as the Bill goes through the process, if you could just check to make sure that that is what this does then I could… I'd be very comfortable with that."

"Yes, that's certainly our intention."

"Okay. Great. Thank you."

"On the Amendment, Representative Black."

"Indicates he'll yield."

"Well, I think, Representative, we have addressed your concern. The original legislation talks about the AED being required where there is supervised activity."

"So, in your situation and it would be similar to a health club in a hotel where they don't have an attendant…"

"…and they don't have a trainer. So, we're already covered in that regard."

"Certainly."

"Representative Eddy on the Amendment."

"Indicates he'll yield." 09500033.doc 95  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Pretty much economic, with the number of park districts throughout the state. And in certain cases, I am thinking of one instance there are twenty-seven hundred (2,700) fields in one of the districts. And in that case, it would be absolutely impossible for them to comply and have a device at every one of those twenty-seven hundred (2,700) facilities, so we just took it out. And for the most part, these park districts are complying with the original language of the AED requirement."

"And they do have defibrillators. But it would a physical impossibility for them to have one device at every single field."

"Representative Bost on the Amendment." Bost: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Indicates he'll yield." 09500033.doc 96  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Well, as I responded to Representative Eddy, in those cases with park districts they are complying with the original language of the AED requirement and they have a device at the facility in the field house for the most part. It would be a physical impossibility for them to maintain these devices in outdoor sporting facilities."

"The numbers are just too…"

"Well, we're just simply talking about supervised athletic activity, exercise practice, whatever the case may be. In those instances, the coach or the volunteer coordinator of the event would have the device. That's what our new language is calling for."

"That the coach or any individual that's supervising, whether it be a practice session of a football team or any… any number of activities…"

"…they must have the device at the site."

"They must…"

"Yes."

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

"Third Reading. Do you want us to read the Bill? Mr. Clerk, read the Bill."

"Representative Burke."

"Thank you again, Mr. Speaker and Ladies and Gentlemen. This matter as has been discussed in the moments before my presentation, is a very, very important piece of legislation in the sense that I think we've all been exposed and have observed the number of unfortunate tragedies that occur with young people at college campuses exercising or practicing for an event collapsing with cardiac arrest and not having this miraculous lifesaving device present to be able to resuscitate them. This particular matter has been brought to my attention through the untimely death of a Rashidi Wheeler who was a football 09500033.doc 98  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 player at Northwestern. His teammate actually held the young man in his arms as he expired only waiting for a paramedic to arrive. It was too late. There was no device present. And unfortunately, the young man passed away. So, I'd be happy to answer any questions."

"The Gentleman has moved for the passage of House Bill 1279. 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 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Lindner, for what reason do you rise?"

"State your point."

"Representative Colvin, you have House Bill 1663. We can come back to that in a little bit. Representative Gordon, you have House Bill 516. Would you like us to read that Bill? Mr. Clerk, read the Bill."

"Representative Gordon." 09500033.doc 99  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Thank you, Mr. Speaker, Ladies and Gentlemen. House Bill 516 is a continuation of a Bill that we passed during the 94th General Assembly. The only thing it does is remove the ability of the nuclear plants to do self inspections when it comes… for permitted releases. It gives the ability to the EPA and IEMA to do those inspections. This legislation passed overwhelmingly out of both houses in the past. And I would ask for your support today. It comes from a specific situation in my district having to do with the Braidwood and Dresden Nuclear Power Plants and their release of tritium into the groundwater."

"The Lady moves for the adoption of House Bill 516. Is there any discussion? Representative Franks."

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

"She indicates she'll yield."

"I'm looking at the analysis here, Representative. Could you please tell me what a radionuclide is?"

"A radionuclide is a radioactive substance. And… and Representative Fortner is also here to help me along with this and give anyone who wants one a lesson in physics and any other type of nuclear energy question."

"That… that was my… I was hoping we could have a professor help because most… I… I didn't do well in science. And I'm not sure I understand what a radionucleide is or nuclide, I'm not sure I'm saying it right. And it looks like she taking this word out of that Act. And I'm not sure if it's going to…"

"No, no, no."

"…hurt us or not." 09500033.doc 100  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"The Amendment took care of that, Representative. We're keeping it 'radionuclide'."

"Okay."

"Which was not covered. I had received some information from one of the VPs at the LaSalle… the site manager… the site VP at the LaSalle station to… to give me the great information that 'radionuclide' is the correct term that should be in there. So, when we adopted the Amendment…"

"Okay."

"…it kept it 'radionuclide'. The only thing we're doing is taking away their ability to self inspection."

"Thank you very much."

"You're welcome."

"Representative Fortner."

"Representative Meyer." 09500033.doc 101  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"She indicates she'll yield."

"Yes, they do. And… and that was in the past. And right now, from the past as you can see from the actual legislation in the Bill, they're… they're in the process right now of writing the administrative rules to deal with that. But the IEPA and IEMA has… has already began some of the inspections. I believe one was already done at the Clinton plant. And so, they're in the process of doing that."

"Thank you, Representative."

"Representative Rose."

"Representative Gordon to close." 09500033.doc 102  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Thank you, Mr. Speaker, Ladies and Gentlemen. I would appreciate an 'aye' vote on this… on this Bill. It's… it's good legislation. And it just is another way to ensure public safety in the community and also put into the hands of the experts the ability to inspect at the nuclear power plants. 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 114 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Granberg has House Bill 3504. Mr. Clerk, read the Bill."

"Representative Granberg."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3504 classifies community college districts as governmental units as opposed to state agencies. This allows them to retain their local controls since they are primarily locally funded. The trustees are locally elected. It passed unanimously out of committee. And I'd be happy to answer any questions."

"The Gentleman has moved for the passage of House Bill 3504. 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 09500033.doc 103  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 wish? Have all voted who wish? Mr. Clerk… Representative Tryon and Younge, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 98 voting 'yes' and 14 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. We're going to go back to a few Bills that we passed over a little bit earlier. And Representative Schock has House Bill 414. So, Mr. Clerk, read the Bill."

"Representative Schock."

"The Gentleman moves for the passage of House Bill 414. And on that question, Representative Meyer." 09500033.doc 104  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"He indicates he'll yield."

"Representative Hamos."

"Thank you. Will the Sponsor yield?"

"He indicates he'll yield."

"Representative, you came around a few days ago and… and talked to us about this Bill. And some of us over here thought it was a good idea. But this doesn't look like the Bill that you talked to us about. And I'm wondering… it seems like there is an Amendment on this that refers to community colleges that have encompassed in whole or in part eight or more counties. I don't remember you mentioning that… that part of this Bill. And I'm wondering who that is and how many such community colleges are there?" 09500033.doc 105  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Well, again, I was… I was pretty supportive of the concept. But what is the… what is the issue of eight counties? I mean, why eight? How did you select that? I mean, I'm trying to really understand the public policy component that's now incorporated here."

"Okay. So, I… I understand that you were being very practical in trying to pass something. And I… I guess maybe you answered my question. You're telling us that there are… but you said a dozen community colleges that this would apply to. In other words, we're not just passing a Bill for your own community college, is that correct?"

"And you're thinking is that it could be as many as a dozen?"

"Okay. It's you thinking there's eight."

"Well, okay, and… and I guess I could be supportive of this from the perspective that if we're trying to make education more accessible and available for people who… the demographic of people who go to community colleges sometimes really are people who are at a different stage in their life. And if they're traveling large geographic distances, I guess this would make sense. I want to make sure that this wasn't such special legislation that it only applied to one. Thank you."

"Representative Bost."

"So, this is now on Standard Debate. And we've had two speak on each side. So, we'll have one additional speaker on both sides. And Representative Black, you're next."

"He indicates he'll yield."

"…Bill."

"Representative, could you bring your remarks to a close?"

"We've had three in favor. And the rules would provide one additional speaker in response or in opposition. Representative McCarthy, are you in opposition? Okay. So, Representative McCarthy."

"Yes, Mr. Speaker. Will the Sponsor yield?"

"Indicates he'll yield."

"Okay. First of all, the… I want to compliment you. You did try to work through the process. A week or so ago when we brought this Bill up, I had objected to it being called at that time so, I thank you for taking it back and trying. Of course, that doesn’t mean that you satisfy… when you go back and work out something, it doesn't mean you're going to satisfy everybody's questions or their 09500033.doc 112  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 complaints about a piece of legislation. But in the case of your own community college, this is a community college that already has dormitories, correct?"

"Okay."

"Okay. So, the purpose behind this is that they would… The community college now is going to purchase those units from the foundation? Is that what you believe?"

"And how… how will they reach that hundred thousand dollar ($100,000) figure?"

"Where will the savings come in?"

"Okay. And… and do they plan any new additional spots at this time?"

"They're not. So, there will be no more beds or no more students are going to be able to occupy these homes or this housing that's there already."

"Okay."

"That was the basic question. Is there going to be more or is it… Basically, the… the housing that's there today is going to be there tomorrow. There's not going to be any new beds, there's not going to be any new students that are going to be able to be taken care of. It's just going to be financed under a different vehicle."

"Okay. And as I explained in committee and we… we've spoken on the floor about, community colleges are different than 4-year universities because of the fact that they have property taxes involved with them. And the legislation as it's written today has no preference for the people who pay property taxes as far as obtaining spots in those housing units, correct?"

"Okay." 09500033.doc 114  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Okay."

"Right. But… but as far as any preference given for like myself. I've lived in the same community college district for 25 years now in my home, paid community college property taxes for those 25 years, but if my son or daughter wanted to go to Moraine Valley and obtain one of their housing spots if they decided to build some dormitories, the way the legislation is written today whether, ya know, my son or daughter would get no preference over someone coming from Peoria who wanted to get that spot at Moraine Valley. Isn't that correct?"

"Okay. Well, I… I find real fault with that. The… the other thing is my son or daughter would get no financial incentive under the way that the legislation is… is currently written. So, while I pay property taxes to Moraine Valley, my son or daughter would be excpected to pay the same amount for their dormitory space as a person who's never paid any property taxes to that district."

"Yeah. But I do believe that if you strutinized the budget, it's going to be very, very difficult to tell where the property taxes start and where they stop. And, ya know, saying they're only used for this part of the… They now go into a pool basically, when they're determining tuition they're determining their expenses that they can incur. And just because they're saying, well technically we're not using these for them, it does affect the other parts of the budget. Ya know, it's one big pool of money when it's all said and done. And I really believe that there should be some preferential treatment in there for the people who pay the property taxes. And just by saying that, ya know, the building bonds form can't be, ya know, 09500033.doc 116  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 secured by property taxes, I don't think handles it. And I would certainly hope that if this is successful and goes over to the Senate whoever will be the Senate Sponsor will…"

"Representative, could you bring your remarks to a close?"

"If it's successful today, that whoever takes it out of the Senate would listen to some ideas about making some preferences for those people who are paying property taxes to those districts. And I… I believe that their students should get some preference over people who do not pay property taxes because that's what makes community colleges different than our 4 years. So, good luck."

"We've now had three on each side. And the rules would provide that Representative Schock, you're recognized to close."

"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 Riley, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 82 voting 'yes' and 32 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Younge, do you wish us to read House Bill 1259? Do you wish us to read this? Mr. Clerk, read the Bill."

"Representative Younge."

"Thank you, Mr. Speaker and Members of the House. House Bill 1259 would create the Community Self- Revitalization Act. It would provide that a municipality or a combination of a municipality and county that was certified as an economically distressed community could apply to the Department of Commerce and Community Affairs to be designated or certified as an economically depressed community. And if they then set up a board of economic advisors and come up with a 3-to 5-year plan, then the Department of Commerce and Community Affairs would assist them in reference to an operational budget and… and grants." 09500033.doc 118  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"The Lady has moved for the passage of House Bill 1259. Is there any discussion? 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 113 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. We've got about five Bills we need to move from Second to Third. And then we're going to come back to Third. So, Representative Sacia, you have House Bill 1407. Is that correct? Do you wish us to read that Bill? Not today? Okay. So, out of record. Representative Phelps, you have House Bill 3569. Out of the record. Representative Chapa LaVia on 3393. Mr. Clerk, read the Bill."

"Third Reading. Mr. Clerk, what's the status of House Bill 1956?"

"Return… return that to the Order of Second Reading, Mr. Clerk, at the request of the Sponsor. And Representative Nekritz is recognized for an announcement. Okay. And Representative Colvin has returned to the chamber. Do you wish us to read House Bill 1663? Shall we read that Bill on Third? Okay. Mr. Clerk, read the Bill." 09500033.doc 119  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Representative Colvin."

"Thank you, Mr. Speaker. I ask for consideration on House Bill 1663 that creates the I-Connect Technology Board that provides… It does three things. It requires the Illinois Math and Science Academy to establish I-Connect Computer Technology Program which provides computer support to sixth grade students and it specifically targets those school districts that are low-income as a priority. It creates the I-Connect Computer Technology Board which will report to the Governor and the General Assembly with its progress and its support in the school that they are working in. It awards… and it amends the State Finance Act to create the Computer Technology Fund, a fund that would be open to accept charitable and corporate donations with respect to advancing computer literacy among low-income children across the State of Illinois. The program is currently running as a result of legislation that was passed by former Representative Kelly. It's running in about nine or ten schools now. This Bill will give it a greater possibility to be expanded to other schools and other school districts throughout the state. I'll be happy to answer any questions."

"The Gentleman has moved for the passage of House Bill 1663. And on that question, Representative Franks."

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

"Indicates he'll yield." 09500033.doc 120  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Thanks. Marlow, the program you're talking about with the sixth graders getting laptops. That was a pilot program started last year, am I correct?"

"That's correct."

"I know in Woodstock where I'm from, my son's in the sixth grade. And his school was chosen to get these laptops. And I want you to know that it's been tremendous, a wonderful response through the school. And I talked to the superintendent recently and there's been a very, very positive response to that. One of the problems they had though, with implementing, was the fact that the state didn’t give the money for infrastructure to be able to do the wireless stuff. I don't know if you're aware of that."

"I am."

"And we had a real problem because in Woodstock for instance, the… the school board agreed to pay, but the state wouldn’t imp… wouldn't even give them the laptops because they had not released the money from the State Board of Education. And they said, 'Well, that's okay. We'll pay for it. Reimburse us later.' And they wouldn't do that until we got involved. And I was hoping that we… I wanted to put this on the record to make sure that we fix these problems that they have in the rule process. There are laptops available for those kids, but they don’t do any good sitting in a warehouse in Springfield because of the inactivity of our state board of Education and for… and because of the archaic rules that they have. And I want to make sure that those are… are taken care of. Have you had a chance to talk to the State Board on these issues?" 09500033.doc 121  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Jack, we had a brief conversation prior to committee when we talked about this Bill. They have indicated support. I think what's important in this Bill is that it… it's going to establish a technology board to specifically deal with those issues that present obstacles to making this program work in those schools that have been selected. So, I think you're right. I appreciate your… your opinion. But I think the board is necessary 'cause they could pay acute and specific attention to these issues and get them resolved in a fair and quick manner."

"I agree. That's why… that's why I wanted to bring up the problems. And I think by having this board, we'll be able to get around a lot of the problems that we've had. So, I think it’s an excellent idea. And I think we're going to see real results as… as… as a result of this piece of legislation. And I appreciate you bringing it forward. And I encourage everyone to vote 'aye'."

"Thank you… thank you."

"Representative… Representative Eddy."

"He indicates he'll yield."

"Of course he will."

"Yes, it does." 09500033.doc 122  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"They have been in support of the… the idea."

"Because what we're doing here is creating a public policy that will make sure that that will take place. It's not so much in the demand as we're trying to respond to an issue with respect to computer literacy for a lot of young adolescent children. I would hate for you or anyone else to think… to center the debate around whether or not they're required to when they're a willing participant. Semantics notwithstanding…"

"I think what we're trying to do here…"

"Yes."

"That's correct."

"If you were listening to the debate with the previous speaker…"

"…with Representative Franks, what he was really getting to was the issue of resolving some of the issues 09500033.doc 123  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 that have… that those bumps in the road that occur with respect to getting technology into classrooms. As Representative Franks mentioned, in the school district in… a school district in his representative district where the program was implemented, they had a problem with the wiring in the school in order to get the program to work properly. And it took a lot of red tape and jumping through hoops dealing with the Illinois State Board of Education. The purpose of the board is to have a group of individuals which had not existed previously as a dedicated group of individuals who will be able to… where these school districts can go to that board and say, 'These are our issues with respect to properly implementing the program in our schools.' And have a dedicated group of people to look explicitly at those problems that prevent technology from coming into the classrooms."

"One moment, Representative. I just want to make sure I give You the right number."

"It is."

"Well, we hope to work with Illinois State Board of Education for funding, but the… but the third provision of the Bill also creates I-Connect Technology Fund which would be available to accept charitable and corporate donations so that we can expand the program accordingly."

"That's correct."

"For the whole program."

"That would be something of great interest, yes."

"I appreciate the… the awareness issue. And I'll be certainly happy to share that with the Senate Sponsor. And if it takes an Amendment to do it, I'd be more than happy to support it back here in the House."

Speaker Hannig: "Representative… Representative Colvin to close."

"Thank you, Mr. Speaker. I would appreciate an 'aye' vote on a program that will greatly enhance computer technology and allow school districts across the… across the state. Thank you very much."

"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 Saviano, McAuliffe, Boland, do you wish to be recorded? 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 Howard, for what reason do you rise?"

"Thank you very much, Mr. Speaker. I had intended to vote 'yes' on House Bill 1259. Thank…"

Speaker Hannig: "The record will reflect your intentions, Representative."

"Thank you."

"Representative Acevedo, would you like us to read House Bill 1555? Mr. Clerk, read the Bill."

"Representative Acevedo."

"Thank you, Mr. Speaker and Members of the House. House Bill 1555 is designed to tighten regulations on Illinois public insurance adjusters by expanding the scope 09500033.doc 126  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 of who must be… who must have a public adjuster license. This Bill add languages… language to the Public Insurance Adjuster Act, allowing for the consumer to avoid a contract with a public insurance adjuster if that person making a representations to the consumer is not a licensed public insurance adjuster. It will require that a public insurance adjuster provide additional documentation and information to the insured, such as the amount and value of the work to be performed. It would also prohibit Illinois insurance adjusters from advancing cash and offers of hotel accommodations to the insured. This is a common tactic used by adjusters in… in hooking the insured to sign up for their services immediately. I'd be happy to answer any questions."

"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 Stephens. 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 Bassi, you have House Bill 3509. Mr. Clerk, read the Bill."

"Representative Bassi."

"The Lady has moved for the passage of House Bill 3509. And on that question, Representative Molaro."

"Representative Bassi, I'm… I'm fighting a cold. I know there was a reason I didn’t like your Bill in committee, but I forgot. Can you refresh my recollection as to why I didn't like your Bill?"

"Do you remember?"

"What… what a fine Lady you are. Thank you."

"Representative Fritchey."

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

"She indicates she'll yield."

"Representative, just two questions. I want to make sure that I'm looking at this the right way. Obviously, the egregious offense that we're talking about here…"

"And egregious offenses deserve…" 09500033.doc 128  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"As I said, an egregious offense which deserves a fitting penalty. So, what we are talking about doing is giving the judges the discretion about whether or not to impose the fine."

"Under present law, it's a mandatory ten dollar ($10) fine?"

"And so, then the fine goes from ten to two hundred…"

"…potentially. And a judge could level… could levy it anywhere in that range."

"As he or she saw fit. And then the other part… So, the circuit clerk… does the circuit clerk presently get 10 percent of the fine now?"

"Okay. But under your Bill, then, the circuit clerk would retain 10 percent of whatever fine would be levied, correct?"

"Well, then here and… and again, I'm just… I just want to make sure I understand it. And I'm… I'm reading from the summary not the Bill, which is, ya know, always a suspect proposition. But it says currently the ten dollar ($10)…

"And just the only concern for you if you're thinking about going forward… Well, when… when… when we let the clerk keep a piece of any fine it's usually for administrative costs, 10 percent of a ten dollar ($10) fine is a dollar ($1), 10 percent of a two hundred dollar ($200) fine is twenty dollars ($20)."

"Their administrative costs are the same one way or the other. Let me just suggest to you, this may not sit real well with our circuit courts… circuit clerks around the state, here. I… I don't know that there's any reason to allow a two hundred-fold increase with the clerks… what the clerks would get to keep for their administrative costs. And again, just a thought maybe on the other side…"

"…saying the fee can go from ten (10) to two hundred (200), but in no event shall the portion kept by the clerk exceed, I don’t know pick a number, five dollars ($5). What…"

"Well, that… that… that's what I'm here for. So, just food for thought. Thank you."

"You don't need my permission, nor do you need to make… to make the representation that you'll do it. All I… and I appreciate you asking, though. All I'm saying, just 09500033.doc 130  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 take a look at it and see if it makes sense to you. And if it does, then work on the Senate to do that."

Speaker Hannig: "Is there any further discussion? Representative Bassi, you're recognized to close."

"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 Berrios, you have House Bill 1964. Mr. Clerk, read the Bill."

"The Lady from Cook, Representative Berrios."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1964 is the summer school food Bill. It's a Bill I've been working on for a couple of years with Representative Roger Eddy. And what we are trying to do is feed hungry children. So, this Bill does three main things. It would provide food to students during the summer. If the school has 50 percent or more free or reduced lunch students, that school must provide this program. If the school does not offer summer school, then they shall provide the information about the students who qualify for 50 percent or more reduced or free lunches to a not-for-profit organization that would house a program. 09500033.doc 131  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 And finally, if a school realizes that it is too much of a burden on them, they do have the option of opting out. I'll take any questions and would like your support on this."

"On the Lady's proposal, we have Representative Eddy."

"Indicates she'll yield."

"Can you repeat that? I'm sorry."

"Yes."

"True. Very true."

"Exactly." Eddy: "Okay. And… and further, if the school district does a quick calculation of the cost of providing that program to the summer school that's operating as opposed to the calculation of how much they will be reimbursed and they take into consideration any other factors related to the cost, that they have a main cafeteria somewhere that they have to drive the food to a different place, if it costs more or if they can show that they're not being reimbursed fully, they just send to the regional superintendent of schools a letter opting out of the program."

"Yes. They send a letter. It's the same opt-out program as the regular school breakfast program."

"Yes."

"Yes." 09500033.doc 133  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Thank you, Representative."

"Representative Fritchey."

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

"She indicates she'll yield."

"Representative, I don't want to repeat what the prior speaker said, but I… you are taking on here a… an issue of fantastic importance. I mean, so, it's a… it's a moral shame that we have hungry kids to start with. It's a logical fallacy that a hungry child can be expected to learn."

"Right."

"When they are more concerned about a growling stomach than a learning mind, they… they've got nowhere to go. You've got provisions here for summer school… for schools that have summer school. You've got provisions here for schools that don't have summer school. You've got opt-out provisions for schools that can't afford to do this, correct?"

"Yes, I do."

"Are the opponents that were listed on the analysis, are they still opponents to this Bill?"

"I didn't have opponents that I remember. Oh, well, sorry about that, Representative. I…"

"Well, here let… let…"

"Okay. I didn't have chance to discuss it after the Amendment." 09500033.doc 134  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Let me save you the answer. If… if there are still opponents to this Bill, it is shameful. The fact that we are in a prosperous nation and a prosperous state and we have kids going to school hungry every day and we don't think about what happens to those hungry kids all summer is a shame. This is the finest Bill that this woman has brought since she's been down here. She has given these schools every option that there is imaginable and for there to be opponents to this is just a travesty. This Bill deserves our overwhelming support. I commend you for bringing it forward."

"Thank you."

"Representative Black."

"She indicates she'll yield."

"It… I'm sorry, Representative."

"Right here."

"I'm right here."

"No, it's only for summer school."

"Correct."

"We've changed the language so only if the social service agency asks for the information…"

"…is it to be given to them."

"The alliance was opposed with… because of the transportation of the kids. But because now if the school doesn't have it… Now it's for summer school, so the kids are already there."

"Yes."

"I hope. I hope. And Representative…"

"…no… no one came to testify in the committee."

"That's fine."

"No. No."

"Yes."

"Thank you."

"Thank you."

"Representative Berrios to close."

"I'd ask for your favorable vote."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. 09500033.doc 137  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Granberg, Representative Washington, 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 Black, you have House Bill 1382. Do you wish us to read this Bill? Out of the record. Representative Boland on House Bill 1769. Mr. Clerk, read the Bill."

"Representative Boland."

"Thank you, Mr. Speaker. What House Bill 1769 does is it bans smoking in a vehicle if any person in the vehicle is a child 8 years or… of age or younger. And it provides a penalty of twenty-five dollars ($25) or less."

"The Gentleman has moved for the passage of House Bill 1769. Is there any discussion? The Gentleman from Vermilion, Representative Black."

"To the Bill."

"Representative, could you bring your remarks to a close?"

"Representative Fritchey."

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

"He indicates he'll yield."

"Thank you. Representative, just a brief question for you and that is if an individual were to be stopped and cited for this, would this be treated as a moving violation? And… and I'm… I'm asking that just since I… I don't know if it would be treated as some type of incidental offense…"

"Yeah." 09500033.doc 142  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"…or if it's a moving violation that would count towards your three violations in a year."

"No, I… I don’t believe so. No."

"Okay. Ladies and Gentlemen, let me say the previous speaker and I have debated. I… I think we have equal passion about smoking and the effects of it. And we've both watched it devastate our mothers, unfortunately, over the years. And… and I respect Representative Black's passion on this. And I believe he respects mine on this as well. I didn’t know where I was on this despite the fact that I've… I've consistently supported numerous antismoking laws over the years. I didn't know I was on this at first until it comes down to really trying to protect kids in cars. Ladies and Gentlemen, we were all falling over ourselves, and rightfully so, a few years back to provide for increased penalties for individuals that were convicted of a DUI while having children in the car. And the reason that we did that and the reason that we recognized that that was the right and prudent thing to do was we wanted to send a message to people that were jeopardizing the health and jeopardizing the lives and safeties of kids that they had in their car. Ladies and Gentlemen, having a child in the confined car with a parent or an… an adult that is smoking is every bit as hazardous and dangerous to that child's life and safety as it is to have that child in your car when you are over the legal limit for intoxication. We recognized that it was the right thing to do. We recognized it was the proper role of government. So, we are going to protect children when they are in a car. And 09500033.doc 143  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 let's be honest, the kids don't have the choice to be in that car. They are being taken somewhere by an adult and they are, whether they want to be or not, they're… they're in that car. And they are in a very confined space. You're not going to find a much more confined space than a motor vehicle. And if we are going to say if you drink and drive when there's a kid in the car, you're going to have a stiffer penalty because, by gosh, it's the role of the Legislature to protect kids and to protect kids in cars. Ladies and Gentlemen, those of you that were here and voted to increase penalties for DUIs with children in the car, you got to vote for this Bill. It's the same logic, it's the same rationale, it's the same safety, it's the same young lives that we're looking out for. If you weren't here when we voted on that Bill, here's your chance to do that right now. To say, 'You know what, we believe in protecting kids. We believe in protecting them in this situation.' We are not telling those adults that they can't smoke, but my gosh, don't smoke when you've got the child in a four by four contained inside… inside space. Wait and do it another time. Let's give these kids a chance. Let's give these kids a chance to have a healthy life and clean lung… lungs. Folks, I promise you, you… If you… if… if you want to whistle through this one, go ahead. I'm going to tell you something, God forbid any of you will have to go through what Representative Black did with his mother or what I did with my mother. Please vote 'aye'."

"Representative Black." 09500033.doc 144  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Representative Winters."

"We've had two in favor and two in response. We have room for one more on each side. And Representative Washington, you're next."

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

"Indicates he'll yield."

"Representative, I just want to say, you know, most of the time I support everything that you basically come up with 'cause I think it's well thought out. But this particular Bill, when I think about some of the constituents that I do serve and then that so many of them are caught up in vices. They have alcohol problems, they got… they smoke cigarettes, they do everything under the sun that works against their health. And I can imagine some poor mother who's a single parent, who working from 'can't see to can't see', driving off trying to rush to take the kids somewhere, smoking a cigarette, and you catch one of these… these cops out here who don't… who DWB or DWB at Brown, and then stop that mother. And then a situation take place where the child is hurt or the parents is hurt. 09500033.doc 146  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 A further burden is put on the parent for not only smoking, but maybe they find out just through the smoking that maybe the… their insurance wasn't so tight. Then they tow the car. And that's the only car she got to get to work. I mean, I can see that in my mind's eye with this legislation. So, based on that, that would be the only reason, because the intent is clear that children don't pick their parents. The parents don't pick their children. They deserve a chance, but at the same time I think more problems would be caused by this Bill based on my constituency base than it would solve. Thank you."

"So, the rules would provide for one additional speaker in support. Representative Mendoza, in support?"

"No, actually, I don't know where I'm at. I have a few questions for the Sponsor. Yeah. I… I would like ask him, if possible."

"Go ahead, Representative."

"Thank you. A few questions. I… I know Representative Winters mentioned about it being in committee and hearing about the convertible, that example which is one of the questions that I had because to me it seems that, you know, in principle it's something that I'd like to support. I… I get offended when I'm driving on the roadway and I see, ya know, the c… the cars on a window rolled up. You see the smoke in the car and little kids in car. It makes you sick to your stomach to think that those parents would be exposing their children to that type of… of, ya know, toxin. However, he's got a very good point on the side that if you're in a convertible it just seems to 09500033.doc 147  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 me, without being offensive, it seems ridiculous that we would be allowing somebody to pull someone over for smoking when it… I don't think at that point you're impacting the children's lungs. Another question would be, why did you come up with… with the age limit of 8 years old and not 9? I mean, is there a difference in a child's lung capacity at 9 versus 8, because to me a child is a child and certainly would be at a higher age group than that? So, you might help me figure out where I want to go."

"Okay."

"But I think I am… I would like to see the Bill tighter drafted, I guess, more tightly drafted before I… I think I decide to support it or not."

"Well, let me answer on the first one about the convertible. If… if that is a big concern we could… if we can get it to the Senate, look at amending it there. But I would say this. Even in a car moving, ya know, the smoke blowing around can still get in kids' lungs. So, that's number one there. Your second question as far as the age, I think is a good question. The reason I chose 8 and under is because that is the car seat age so that a policeman could tell right away the age. They wouldn't be getting into an argument about that. Actually to tell you the truth, the State of Louisiana and Arkansas have already passed this. And the State of West Virginia has 14 and under, but I chose 8. I thought that would simplify the process of the policeman. The reason I got involved in this, and I… I want to bring this out, I also had the experience of what Representative Fritchey and 09500033.doc 148  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 Representative Black in that my father had a heart attack at… in his fifties. He had been a heavy smoker and I saw what that could do to him. But I've never been really against… I've always thought, ya know, if you're an adult you do what you do and… and that's that. But what drew my attention to this particular situation, I was going in… I was in a supermarket parking lot. I got out of my car. I happened to look over and see a car a little bit ahead of me that was sitting there, it was a cold day, windows were up, literally a cloud of smoke in there. And, again, I just thought well, ya know, that's your business. But as I walked and saw closer, I saw a couple little heads in there. And they were in their seats. They didn't have any choice of where they were at. They were not adults. They can't tell their mom or dad, ya know, 'Hey, don’t smoke around me. Don’t smoke in the car around me. I'm in… ingesting this.' Ya know, they're… they're going to obey their parents and… and do what their parents want. So, I… I think that, one, we have already experienced, as Representative Fritchey said, not only with DUI but the very idea of car seats for little kids. That's the… the purpose of it, to protect the little kids. And not only for the humanitarian reason of protecting their health from problems later on down the road, but also it comes back to haunt us in later health care costs, health insurance costs, Medicaid costs, and so forth down the road."

"We've now had three on each side. You think you can change any votes, Representative Molaro? We'll give you 5 minutes." 09500033.doc 149  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"I don’t need 5 minutes. I'll just take 2 minutes 'cause I thought she was against it. Ya know, everybody keeps talking about kids. We… we're getting to far afield. Obviously, ya know, smoking in a car's not like drunk driving. And we talked about convertibles. What is there, one out of a thousand is a convertible? Let me just say this, it's pretty simple. Everybody in this chamber knows they shouldn't have a cloud of smoke when you have two 5 year olds sittin' in the car. Everybody knows that. All we're trying to do is say, hey, let's remind the parents out there and the adults don’t smoke in your car when you got two 5 year olds. That's all we're doin'. No one's going to get stopped and be put in jail. We're not going to be over there searching and doing their cars. If you think it's a good idea, vote 'yes'. If you don't, vote 'no'. I think it's a good idea."

"Okay. So, now we’ve had a full debate on both sides. And Representative Boland, you're recognized to close."

"Thank you very much, Speaker. I greatly appreciate the debate. I think this is a very important issue. And I think that Representative Molaro really hit on it. What this Bill does is send a very good message out to the public to those rare individuals who as adults are irresponsible enough that they would smoke in a car with little children there and either unknowingly or through negligence, ya know, put in danger their children's health. So, I think, and my good friend Representative Washington, ya know, I've… I likewise have supported him many, many 09500033.doc 150  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 times in… in his Bills and particularly in racial profiling. But this is a case where it doesn’t matter what race, religion, ethnicity, or anything else. We're trying to protect the children here. We're trying to cut down on later costs that would accumulate because of these things. So, I humbly ask your 'aye' vote. 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? Have all voted who wish? Last call. Have all voted who wish? Mr. Clerk, take the record. On this question, there are 18 voting 'yes' and 91 voting 'no'. And the Bill fails. Representative Coladipietro, you have 37… House Bill 3767. Out of the record. Representative Coulson, you have House Bill 981. Representative Coulson? Mr. Clerk, read the Bill."

"Representative Coulson."

"The Lady's moved for the passage of House Bill 981. Is there any discussion? Then, the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 09500033.doc 151  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 '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 Monique Davis, you have House Bill 466. Mr. Clerk, read the Bill."

"Representative Davis." Davis, M.: "Thank you, Mr. Speaker. House Bill 466 amends the Charter School Law of the School Code to limit the number of campuses a charter school can have to the number of campuses it has as of this effective date. If a charter school with multiple campuses closes a campus on or after the effective date, then the charter school cannot open another one in its place. The number of campuses it can have is reduced by the number that it closes. The purpose behind this Bill is to keep charter schools small, excuse me, so they may maintain their mission. In addition, there's a desire to prevent charter schools from expanding at the expense of traditional public education. The Illinois Federation of Teachers supports this Bill because it feels that the states only allow a specific number of charters for charter schools. However, some of the charter schools are opening up multiple campuses, thereby increasing the number of charter schools by a loophole in the law. Thank you. I'll answer…" 09500033.doc 152  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"The Lady has moved for the passage of House Bill 466. And on that question, Representative Black. It's Representative Black."

"She indicates she'll yield."

"Representative, could you bring your remarks to a close?"

"Representative Fritchey."

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

"She indicates she'll yield."

"Representative, as I told you yesterday on another education Bill, I… I sincerely respect your history and your knowledge on education issues." Davis, M.: "I… Ya know, I appreciate that because charter schools were not a part of school reform for Chicago. School reform had to do with the implementation of local school councils and the local school council selecting the principal, but it had absolutely nothing to do with charter schools. Charter schools are experimental and that's why they limited the charters to 30."

"Right… Right. Factually, I agree with you. You are… you are correct on everything you just said. But speaking of that experiment, the charter schools around me, they're doing great. They… they… they really are." Davis, M.: "Well, 16… We have 16 who are on the academic watch list which means less than 50 percent of their children are making the annual yearly progress accepted by the Federal Government."

"But… but was the…" Davis, M.: "So, we're not… I'm not arguing the merit of charter schools. I am arguing, Representative, the implementation of and adherence to the law. We just passed a Bill to say that immigrants had to have a certif… certificate and have to get insurance. If they don't, they're disobeying the law. These schools who are just popping up without a charter are violating our law." 09500033.doc 156  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"But Representative, here… and… and… and I understand that, but what we are talking about charters with multiple campuses…" Davis, M.: "Mmm hmm."

"…and talking about charters that are doing well, charters that are turning out well-rounded, well-educated kids that say we want to turn out more well-rounded, well- educated kids, I think that's a… that's a good thing. Folks, as… as I've been down here I learn to defer to people that know better in other areas. Representative, I do consider you to know a lot about this and… and I agree with that, but I'm going to tell you with reluctance both politically and personally… I don't like having you mad at me. I cannot agree with this Bill because when I look at my charters… When I say my charters, the charters that are serving kids in my area. I… I…" Davis, M.: "So you… So you believe, Representative, that if you're a good driver and you're driving well, you don't need that certification that the law said you got to have?"

"Well, what… what I… what I believe is… is that quality draws quality. And people have different feelings here for different reasons on issues of voucher and school choice." Davis, M.: "We're not going to close any existing…"

"No, no…" Davis, M.: "…this will not close any existing schools."

"I… I understand that. Ya know, I don’t believe the old adage that people have to be pro private or pro public. Ya know, I'm pro education. I'm pro child. I want that 09500033.doc 157  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 child and that child's family to have as many avenues and availabilities open to them to let their child get a good education in an increasingly competitive world that we find ourselves in. So, I have difficulty… I can’t speak for anybody else obviously. But to limit the number of charter schools, the one's that are doing good things, to limit them…" Davis, M.: "So, then we should change the law, Representative Fritchey. I understand your passion and I feel the same. I want children well-rounded, well-educated, just as the Illinois Federation of Teachers agrees with this Bill. Chicago Teachers Union, they agree with this Bill because we want to protect all the children. We know that we allowed 30 charters in Chicago. And the Bill states, it's not implied, it states specifically that each charter can open one campus. It is not… it isn't anything I'm making up. It's here in the law that we passed. We passed a law giving Chicago 30 charters. They are violating the law by having developed 72 schools. And if you have a product and eleven thousand (11,000) people are waiting to go to another school system, then maybe we should change that leadership."

"I… I… I… I under… I understand what you're saying. And… and I guess so, you'll… As… as I'm looking through this, if it was clearly a violation of the law, their redress would be in the courts to enforce law so, you can't open up another school because the law doesn't allow you to. The fact that we are in the Legislature rather than the courtroom seems to tell me that there is not a 09500033.doc 158  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 violation of the law but a difference of opinion in what that law should be and how it should read." Davis, M.: "We don't want to close any existing schools, Representative."

"No, I understand. I understand." Davis, M.: "Those that are open, that children are attending, we don't want to close those. But what we do want to say is you cannot open anymore…"

"Representative Fritchey, your 5 minutes have expired. Could you bring your remarks to a close?"

"Now see that's not fair. She's smarter than I am and she takes up all my 5 minutes with her answers. I… I understand. Here, let… let me just say, I think this may be a case of people with equal passions may… may wind up disagreeing on… on similar issues though. I'll… I'll come by and see it. Thank you, Speaker."

"Repre… Representative Jerry Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Indicates…" Davis, M.: "Yes."

"…she'll yield." Mitchell, J.: "Representative, you and I have a basic disagreement on the law. I don't think the Chicago charter system is breaking the law at all. Number one, do you know how many high schools there are in Rockford? I can see I've got your full attention." Davis, M.: "I'm sorry, Sir. What did you say?" 09500033.doc 159  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 Mitchell, J.: "John, I appreciate you raising your hand, but you don't really have to anymore. If you want to speak to me just take her mike 'cause she's not paying any attention anyway." Davis, M.: "Jerry, you…" Mitchell, J.: "Number one…" Davis, M.: "…you have my undivided attention." Mitchell, J.: "Thank you. Do you know how many different campuses there are in Rockford?" Davis, M.: "No, I don't." Mitchell, J.: "For Rockf… Rockford public schools?" Davis, M.: "Chuck Jefferson may know." Mitchell, J.: "Chuck, knows. There are four, aren't there, Chuck? Okay." Davis, M.: "Are they charters?" Mitchell, J.: "Four schools." Davis, M.: "Okay." Mitchell, J.: "But there's only one school district. Charter schools… nowhere in the law does it say you cannot… you can only have one campus." Davis, M.: "It does say so." Mitchell, J.: "You can have satellite campuses in the public school system and it makes no difference how many campuses you have with a charter." Davis, M.: "Jerry…" Mitchell, J.: "We don’t have to change the law, it's just how it's interpreted." Davis, M.: "Jerry, there's no…" 09500033.doc 160  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 Mitchell, J.: "Now, your interpretation is that each campus is a charter and so we have too many charters." Davis, M.: "Let me read the law to you." Mitchell, J.: "That's not the way the law reads." Davis, M.: "Can I read it?" Mitchell, J.: "Your interpretation of the law is different than what the law is." Davis, M.: "Beginning…" Mitchell, J.: "Now, if we don't like the fact that we have more than one campus, then we need to change the law to say, 'Thou shalt not have more than one campus for each charter.' And it doesn't say that. The interpretation by the Chicago Teachers Union is that each campus is a charter. That's not what the law says. There's nothing wrong with what's happening. If a charter doesn't make it, we close it down." Davis, M.: "We've done that. We've done that." Mitchell, J.: "That seldom happens with public schools and we've got a lot of public schools that are not making AYP. We're working on it. I'm proud of the teachers that we have. I'm proud of our schools. But, folks, there is no violation of law and don't be confused by that. And Mr. Speaker, if this gets the requisite number of votes, I would ask for verification. Thank you."

Speaker Hannig: "You're recognized at that time, Representative. We've now had three speak in opposition. The rules would provide that two additional speakers could rise in support. Representative Sullivan, are you in support? Okay. Representative Monique Davis." 09500033.doc 161  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 Davis, M.: "Speaker, I just want to share with Jerry Mitchell…"

"Representative, why… why don't you just close if that's what you wish." Davis, M.: "I'm ask… No, I don't want to close unless you're… unless I have no more speakers."

Speaker Hannig: "We're done with this debate. You're recognized to close." Davis, M.: "Okay, thank you. First of all, the 19… what was it? Which General Assembly was it? The 94th General Assembly? Here is the statement. The 93rd, very carefully, Jerry. The 93rd General Assembly states in the law, in the law it says, 'Beginning on the effective date of this Amendatory Act of the 93rd General Assembly in all new applications submitted to the state board or local school board to establish a charter school in a city having a population exceeding five hundred thousand (5000,000), which means Chicago, 'operation of the charter school shall be limited to one campus.' Now, that's the existing law, Jerry. It is limited to one campus. It's in the law, it's written, and it's clear. My Bill says we're not going to close any of those additional campuses that are open, but we're not going to allow any new ones until they come to the General Assembly and request more charters. And the reason for that is a charter school, according to our own definition, is to be experimental… experimental and exceptional. You can't have experimental in campus one, experimental in campus two. The purpose was to find those things that were working well and implement them in our traditional public school system. If we find in most cases 09500033.doc 162  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 that people are violating the law, we either ask that they be fined or we impose a criminal offense. But all we're asking is that we no… do not open anymore campuses until you have permission from the Legislature. A campus is not the same as a district. Jerry talked about Rockford having one school district and four schools, but this is different. A charter means you have stated implicitly what your charter is going to do and what your experiment is going to do. And for us to allow this continual growth is very detrimental to the whole process of what a charter school was supposed to be. We're not arguing the merits of whether they're good or whether they're bad because actually, they're taking the same students and their success rate is about equal. Their success rate is about equal based on the different school and the population from which they're drawn. I urge you, Ladies and Gentlemen, to ask people to respect the laws that we make. Respect the laws. Come back to the General Assembly and say, 'We'd like a hundred more charters. We would like a hundred charters.' And if this Body chooses to give a hundred charters, then that's what we should do. But until then, they should obey the law and not expand or open anymore campuses for which they do not have a charter. I beg for your support for the children of the City of Chicago."

"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… Mr. Clerk, take the record. On this question, there are 32 voting 'yes' and 77 voting 09500033.doc 163  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 'no'. And this Bill fails. Representative Davis, for what reason do you rise?" Davis, M.: "Can we put it on Postponed Consideration? No? Okay."

"The rules… Representative, the rule requires 47 votes." Davis, M.: "47?"

"47. So…" Davis, M.: "Okay, thanks."

"Mr. Clerk, would you read House Bill 3730?"

"Representative Cross."

"Is there any discussion? The Gentleman from Cook, Representative Fritchey."

"Thank you, Speaker. Will the Sponsor yield?" 09500033.doc 164  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Indicates he'll yield."

"Representative, what's the change… My understanding is that they can do this now. What's the change in the actual law?"

"Tom, I believe the last thing you said was that the IFT and IEA support this Bill?"

"Oh, 'cause they’re listed… they're listed on our analysis as opponents. Was there an Amendment that…"

"Is… is there any… is there any concern here, maybe… maybe the issue was raised about, ya know, a teacher with a vendetta against a student? Or maybe let's think of it from the flip side, maybe liability from a teacher. A teacher decides to check a locker, and the student says that I'm being harassed by that teacher, that the teacher's simply just trying to give me a hard time because of whatever reason it may be." 09500033.doc 165  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Okay."

"No, I think that… I think it's a fair and a appropriate response. Last… last question just 'cause I… I… I don’t know about the workings of this law in general. Are… are there… are there any requirements in there, there has to be more than one individual opening up a locker or opening up a desk or anything else because I can… I can obviously see that, ya know, the teacher's going to open it up, find contraban. The student's first response is going to be, 'They must've put it in there. I didn't put it in my locker. They must've done it.' And every case is going to wind up into a, ya know, he said, she said or whatever the case may be."

"Okay."

"Understood. Thank you." 09500033.doc 166  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Representative Flowers."

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

"Sponsor will yield."

"Representative, my concern, if I may follow up behind the previous speaker, in regards to the child's right. Why is it that we should take the word of a teacher over a child? And do they not already have law enforcement in the school whereas if a teacher thought that there was something in this child's locker that that person that's in charge… At least there would be some control and there would be a witness to the fact that something has occurred or something is in the locker as opposed to a teacher that does have a vendetta against the child."

"But I… I agree with you being a safety issue. And I think it's a safety is… issue, as you stated, for the teachers as well as the student. And since you made 09500033.doc 167  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 mention the fact of teachers dealing with students, you've seen and heard and read the headlines in regards to teachers and their association with students. So, once again, I have to ask the question, why would I, as a parent, believe the teacher over the child? If… if my son or daughter say they didn't put it there and the teacher was angered with them because maybe that student give… didn't give the teacher the necessary attention that he or she wanted, what is the recourse for the child?"

"Is that impossible?"

"Yes, it is."

"Bec… because teachers…"

"And teachers have been known to have relationships with the students that has been inappropriate."

"And so, as a… as a result of the inappropriate relationship that the teachers across this nation have been having with the students, why would I give all of this authority to the teachers when as a teacher, my boss is the principal. And if I'm suspicious of something, why should I not be able to go to my boss, the principal?" 09500033.doc 168  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Representative, with all due respect, I'm sure that you've read the headlines about some teachers bringing drugs to school, bringing guns to school."

"And… and…"

"…some teachers have an interaction with the students and… and this Bill also talks about if a child drive the car, that that teacher could also go into the child's car 09500033.doc 169  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 that's on the parking lot. Now, I understand that is school property, but once again, who is the teacher…"

"Representative Flowers, your 5 minutes have expired. Could you briefly bring your remarks to a close?"

"Yes. Who is the teacher and what reason would the… there is a possibility that that teacher may have a vendetta against that child, maybe that young girl or young man. So, my point to you is that I think this is very unfair in regards to our children. I think our children are under enough stress. I think we should respect them, educate them, and have trust in them the same way we would want to trust the teachers. And the same way that the teachers have violated the parents' trust, our… our students have also. But there's a process. And for any teacher to have any access to a child's locker or a child's car, I think, we're setting a bad precedent. And I would urge a 'no' vote respectfully, Sir."

"Repre…"

"Thank you."

"Representative Eddy."

"Indicate… he indicates he'll yield."

"Now had two in favor and two in response. And Representative Franks, you're next."

"Thank you. Will the Sponsor yield?"

"Indicates he'll yield."

"Representative, our analysis indicates that the IFT if opposed. Can you let us know why?"

"Thank you. Now, I'm reading the Bill as it's engrossed. And if can draw your attention to paragraph (e). It's on page 4, if that helps."

"Before we get there. Starting at line 5. Do you have it? Now, presently, the law in the state is that to maintain order and security in the schools, school authorities may inspect and search places, et cetera, et cetera, correct?"

"Okay. I just wanted to make sure you're with me. Now, as this is drafted, when you make the change to this law on line 6 of paragraph (e), it now reads, 'To maintain order and security in the schools, school authorities and teachers acting on any reasonable suspicion based on professional experience and judgment, may inspect' et cetera, et cetera. Now, here's my question. Right now our school authorities can inspect, and there's no requirement for reasonable suspicion. So, I guess that would go if you bring a dog in or something and have a random search of lockers to see if there's drugs in the schools. But what I'm concerned is if I read this, you now require reasonable suspicion not only by the teachers, but by the school authorities, thereby taking away the ability to have a random search."

"'Cause I'm… I'm concerned how this is written. And we all want to protect our kids, but what I think what we might have done with the way this was drafted is actually shackled the administration instead of freed them."

"I… for… I guess for legislative intent, I want to make it crystal clear that's not the intent."

"Okay."

"Well, thank you. I understand what you're trying to do, and I want to help you get there. And I'm… I'm not against the Bill I don't think. I just want to know how far… how much farther this might expand what we have now. Would it allow, for instance, a teacher on his or her own suspicion to search a child's car that's in the school parking lot?"

"Okay. And right now a teacher can't do that, but a school authority can, correct?"

"Okay. How do we define 'school authority'? Is it just like the principal and superintendent?"

"Okay." 09500033.doc 175  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007

"Okay. Well, I guess with the caveat and what we've talked about, I'd like to… to see that checked into, should it pass, on the… It… it may… we may require an Amendment there. So, thank you for your time. And I know it's a very serious issue, and I want to make sure if we're doing it, we're doing it right. So, thank you."

Speaker Hannig: "We'll have one additional speaker. Representative Monique Davis. So, after Representative Davis is finished, we'll go to Representative Cross to close. And then… Okay. Representative Davis." Davis, M.: "Thank you so much, Mr. Speaker. Representative Cross, is this for public schools or charter schools?"

"To the Bill." Davis, M.: "This is a good lawyer Bill. As a parent, there will be a lot of lawsuits if this Bill passes because parents are not going to allow people to criminalize their children. When Johnny Mercavich comes home and says… and says, 'Mom, Dad, they went through my book case and my locker. I was so humiliated. Mom, they went through my gym bag. Mom, I was embarrassed. I'm never going back there again.' Mr. Mercavich will immediately call lawyer Lou Lang and say, 'Lou, they have violated my child's person and have made him never want to go to school again.' And Lou Lang will say, 'We'll take care of it. That's a hundred thousand dollar ($100,000) suit.' So, then all of our education dollars will be spent to answer these law- suits against teachers who use unreasonable judgment. It's a 'no' vote."

"Representative Cross to close."

"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 Burke and Dugan, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 91 voting 'yes' and 12 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. 09500033.doc 179  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 Representative Nekritz, you're recognized for an announcement."

"Thank you, Mr. Speaker. I just wanted to… to announce that the Railroad Safety should've been Industry Committee has a hearing on April 9th at 10 a.m. at Bridgeview Village Hall. And we will be talking about some… some national issues with regard to rail, with the focus on the CREATE Program. But that's April 9th at 10. Thank you."

"Representative Bassi, for reason do you rise?"

"State your point."

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

"A point of personal privilege."

"State your point."

"I just want to let the Body know that our own George Scully will be running in the Boston Marathon on the 16th. And we want to wish him well, and we'll see him when he gets back here on the 17th." Speaker Hannig: "Rep… Representative Molaro."

"Thank you. For an announcement. Chairman Hamos of the Mass Transit Committee would… would like me to announce 09500033.doc 180  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 that on April 16th the Audit Commissions is having a meeting at the JRTC at 9 a.m. in downtown Chicago to talk about the RTA plan. It's supposed to be a joint meeting between the Audit Commission and the Mass Transit Committee."

"Mr. Clerk, would you… what's the status of House Bill 1529?"

"Return that to the Order of Second Reading at the request of the Sponsor. On page 41 of the Calendar, under the Order of Resolutions, Representative McGuire, you have House Resolution 28."

"I'd like to acknowledge that I personally asked Gary Hannig about an hour ago to please pass this Resolution because it’s a Resolution that honors the Irish in… in the month of March. And I said to Gary, 'The month of March is almost gone.' So, I really appreciate that, Gary. And I'll be very brief. We had a Resolution a couple weeks ago and I'll read it very expeditiously. Whereas, throughout our history, America has welcomed millions of Irish immigrants to its shores, and those proud people arrived seeking a better life for themselves, their families, and future generations; and whereas, many courageous individuals came during the terrible years of Ireland's Great Famine in the middle of the nineteenth century, and their road to prosperity was not easy; many faced significant obstacles, including discrimination and poverty; despite these challenges, Irish Americans have 09500033.doc 181  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 risen to success in every sector of our society; and whereas, many of the Irish immigrants migrated to Illinois and have played major roles in our state's commerce, industry, arts and sciences, and all levels of public and governmental service, including many teachers, firemen, and firefighters, policemen. Be it resolved, by the House of Representatives of the 95th General Assembly of the State of Illinois, that the month of March of 2007 is designated as Irish-American Heritage Month, and all Illinoisans are urged to observe this month by learning about and commemorating the contributions of Irish Americans to our nation, our state, and our local communities; and be it further… be it further resolved that we urge the Governor of Illinois to issue a suitable proclamation recognizing the contributions of Irish Americans to Illinois and to proclaim March of 2007 as Irish-American Heritage Month. Thank you very much."

Speaker Hannig: "So, Representative McGuire moves for the adoption of House Resolution 28. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Resolution is adopted. On page 43 and page 44 of the Calendar, you'll see a list of Motions in writing to table. We're going to take those all on one Roll Call. So, the question is, 'Shall these Bills be tabled?' All in favor say… vote 'aye'; opposed 'nay'. We'll take a Roll Call. 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? Okay. So, apparently there's been a… there's been a malfunction with the voting apparatus. And 09500033.doc 182  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 33rd Legislative Day 3/29/2007 well, we're going to dump this Roll Call. Shall we dump the Roll Call, Mr. Clerk? So, just frozen forever? It's a good time to adjourn, I guess. So, we'll just dump the Roll Call. Is there… is there leave for the Attendance Roll Call? Okay. So, leave is granted. The Attendance Roll Call will be used and the Motions to Table are all adopted. I just would remind the Members that a few of the committees will be meeting during the spring break and that postings will be available as of Friday, March 30th. Mr. Clerk, can you read the Agreed Resolutions?"

"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 Moffitt is recognized."

"State your point."

"Welcome to Springfield. Mr. Clerk, read the Adjournment Resolution."

"Representative Currie moves for the adoption of the Adjournment Resolution. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Adjournment Resolution is adopted. Is there any further business to come before the chamber before we adjourn? Okay, there being none, Representative… Okay, there being… So, allowing perfunctory time for the Clerk, Representative McGuire moves that the House stand adjourned until Tuesday, April 17th, at the hour of 12 noon. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Resolution is adopted and the House stands adjourned."