Illinois House Floor Debate — April 20, 2007

"The hour of 10:00 having arrived, the House will be in order. The Members will please be in their seats. Members and guests are asked to refrain from starting their laptops. Turn off all cell phones and pagers and rise for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Reverend David Upchurch who is the Pastor of Rochester Christian Church in Rochester. And Reverend Upchurch is the guest of Representative Brauer."

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

Speaker Hannig: "Roll Call for Attendance. Representative Currie. Excuse me, Representative Bost. Representative Bost."

"And Representative Currie."

"Thank you, Speaker. Please let the record show that Representative John Bradley and Representative Patterson are excused today." 09500039.doc 2  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Mr. Clerk, take the record. There are 112 Members answering the Roll Call, quorum is present. Representative Bellock, for what reason do you rise?"

"State your point."

"Representative Durkin."

"State your point."

"Mr. Clerk, read the Committee Reports. So we're going to then begin on the Order of Third Reading. We had one… We stopped yesterday with Representative Wait. So we're going to resume there and then we'll start at the beginning of the alphabet again. So, Representative Wait, if you're prepared on House Bill 274 on Third Reading, we'll have the Clerk read the Bill now. So, Mr. Clerk, read the Bill." 09500039.doc 3  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Representative Wait."

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Currie, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 111 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bradley on House Bill 1231. Rich… Excuse me. Rich Bradley. Out of the record? Okay. Representative Brady on House Bill 572. Mr. Clerk, read the Bill."

"Representative Brady."

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 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 Brauer, you have House Bill 1832. Mr. Clerk, read the Bill."

"Representative Brauer."

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative 09500039.doc 5  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 Davis, Will Davis, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 112 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Cole, you have House Bill 1242. Mr. Clerk, read the Bill."

"Representative Cole."

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 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 Crespo, you have House Bill 876. Representative Crespo, do you wish us to read 876? Okay. Out of the record. Representative Cross has House Bill 2858. Representative Cross. Mr. Clerk, read the Bill."

"Representative Cross." 09500039.doc 6  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 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 Flowers, you have House Bill 1759. Mr. Clerk, read the Bill." 09500039.doc 7  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"The Lady from Cook, Representative Flowers."

"Thank you, Mr. Chairman. House Bill 1759 would require all pregnant women that they must be informed that they're going to be tested for HIV, unless they refuse to be tested. And also, that the health care facility that services a pregnant woman must provide specific notification in regards to counseling on HIV. And I'll be more than happy to answer any questions you have regarding House Bill 1759."

"This is on the Order of Short Debate. Does anyone stand in response? And the question is, 'Shall this Bill pass?' All in… Excuse me. Representative Miller, did you wish to speak on this? No? Okay. Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 111 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Fritchey, you have House Bill 419. Mr. Clerk, read the Bill."

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

"Thank you, Ladies and Gentlemen. 419 is a Bill that is unfortunately necessary these days. What 419 will do 09500039.doc 8  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 will change the qualifications for running for elected office, either statewide or at the legislative level, to mirror partially what we have at the municipal level. Specifically, it will say that if an individual is convicted of a felony related to their duties as an elected official, they will forfeit the right to run for office again. Presently, if you are convicted, one of the things you forfeit is your pension. What we are going to to say is if you are convicted of a felony related to your duties as an elected official, you forfeit the right to defraud the public again. I know of no opposition to this Bill. We think it sends the right message at the right time. I'd be happy to answer any questions."

"This is on the Order of Short Debate, but it appears that we need to move this to Standard Debate to accommodate some Members. And, Representative Durkin, you're recognized for 5 minutes."

"He indicates he'll yield."

"The… it's an excellent question and I originally had this Bill formatted a different way, Representative. I had another piece of legislation. Personally, I am troubled philosophically by the way that our Code reads today. At the municipal level a felon cannot run for local office. 09500039.doc 9  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 The Supreme Court recently upheld that in Chicago, where some aldermen who wanted to run who had been previously convicted of bribery and other issues, and they cannot run. It is my intention to bring legislation down the road that is yes, you're going to remove that prohibition at the municipal level. It is my belief that as a society and as a Legislature we have been taking steps to facilitate reentry into society, restoration of rights, et cetera. One of, in my opinion, one of the finest aldermen we have in the City of Chicago is Walter Burnett. Walter was convicted of a felony as a young man. He spent decades turning his life around and actually had to get pardoned in order to be able to rerun. I believe that other felons should be entitled to run for office and let the public make that decision as to whether they are qualified to be an elected official or not. That is an issue that is relevant; it's an issue that must be addressed. But it's also, unfortunately for political reasons, candidly, an issue for another day. This Bill says, specifically, if you're convicted of a felony related to your duties as an elected official you no longer get to run again. So an alderman convicted of a felony cannot turn around and run for State Legislature or statewide office."

"Representative, that is actually an excellent question. I would believe as a technical matter that they would be able to be appointed to fill a vacancy but would 09500039.doc 10  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 be ineligible to our… to run again for that office. I would be more than happy on the Senate side to look at extending a prohibition that not only could they not be… not only could they not run, but they would not be eligible for appointments. It's a very good point, Jim. Thank you."

"It's an excellent point. I don't know who the Senate Sponsor will be yet, but I'm happy to talk to you about it and we'll talk to the Senate. To me it makes a lot of sense."

"So this is on Standard Debate. We've now had one on each side and Representative Acevedo, would you like to speak in favor or in response?"

"Response."

"Okay, 5 minutes."

"Will the Sponsor yield?"

"He indicates he'll yield."

"John, about 10 years ago I introduced legislation that would not have convicted felons come up for public office and I made a huge mistake. I just said local offices. Now this legislation that you're trying to pass today is… includes county and state as well." 09500039.doc 11  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"This would be county, legislative and statewide offices."

"Okay, John, one other question. And I hope that… I believe that it was Representative Durkin who was asking the question. You are going to to include that as far as an appointment, would be included that they're not eligible for… to hold public office again?"

"I will be candid. That is nothing more than an oversight on my part. I think it was an excellent idea and I want to have that added on in the Senate."

"Okay. Thank you, Representative."

"Thank you."

"Representative Myers, would you like to speak in support or in response?"

"Okay, so then… so in… so we'll have you in response. So proceed."

"No. What… what…"

"What I was trying to say, it's anal… it's an analogous concept. If you betray the public trust as an elected official, one of the ramifications to that… of that under the law today and going forward, is the forfeiture of 09500039.doc 12  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 your pension. The analogy that I was trying to draw, and if I did it inartfully (sic-unartfully) I apologize, is I believe if you betray the public trust as an elected official one of the other privileges that you should forfeit is the ability to run for elected office again."

"We've now had three in response and one in support. The rules would provide two additional speakers in support. In support, Representative Molaro? In support."

"Well, I'm going to have to stand for in support, but I'm against the Bill 'cause the three in response actually said they're for the Bill. They're going to vote 'yes'. I have to ask them some questions so put me down for support, please. Thank you. Representative…"

"Proceed."

"Will the Sponsor yield?"

"Indicates he'll yield."

"I got to tell you, I don't get this and very seldom do we disagree… of our Speaker. This'll probably be the only 'no' vote, so don't… obviously, you don't have to worry. I don't get this. We pass Bills every day that says when you have people who are convicted of crime we should hire them in public government, every day. Now wait a second. Wait. And I don't care what the crime is, even if they work for the city and they got in trouble, they could come to work for the state. Now what we're saying is… now what we're saying is this. Here's what we're saying. I looked it up, there are no prohibitions. If you get caught… something 09500039.doc 13  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 with the city, you could go to work for the state. There's no prohibitions against it. So, my point would be is we're going to take the one thing that the people can actually decide on their own and say you cannot rehabilitate yourself. I don't care if you go spend time in jail and you become a minister, you're not going to be allowed to run for office. And I'm saying their conviction as a murderer, as a felon, as somebody who held office, the people, the aldermen, the state Rep district, you can't hide it. Let them know. Go out and run for office. Because I'll submit to you, you already said by your own speaking, Representative, that one of our better aldermen is someone who was convicted. Now whether he was convicted of murder, convicted of taking two hundred dollars ($200) from someone 'cause he screwed up and didn't know the… and filed it five (5) days later and was convicted of a felony because he didn't follow the disclosure laws. I just don't understand the logic of it. I really don't."

"I understand what you're saying and I would anticipate you being a hyphenated Sponsor on my next piece of legislation, which is going to remove the prohibition. I believe…"

"What prohibition?"

"…that people can… that peo… the prohibition on felons running for local office. I believe by the example that I gave before that…"

"All right. So, in other words…"

"Represen… Representative…"

"So, in other words if you're a felon…" 09500039.doc 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Representative… Representative, let me finish."

"Any felony right?"

"Let me finish. I am going to run another Bill that says, and recognizes the fact that people do get a second chance, that people deserve a second chance, that people turn their lives around; and that if somebody committed a crime as a youth, as an adult, whatever it may be and have rehabilitated themselves, they deserve the opportunity…"

"Representative, you're taking up my 5 minutes but you're not getting to the point. Why should we single out someone who takes two hundred dollars ($200) as an alderman, as opposed to someone who raped and committed murder and say he gets a second chance, but the guy who took two hundred dollars ($200) as an alderman doesn't get a second chance?"

"Because…"

"Why does that make any sense?"

"Because philosophically I believe the individual that had the honor of holding an elected office and betrayed the public trust by violating their duties and was convicted of a felony, directly related to his duties as an elected official…"

"Right."

"…he forfeits the right to do that to the public again."

"But… but…"

"Or she."

"But everybody… if you're a bad actor you either rehabilitate yourself or you don't. To say this crime we 09500039.doc 15  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 hold a little higher than that crime is a little tough for me I just got to tell ya. Again, back to the philosophical point and I'm not going to argue with it. You're not going to to change your mind, so, I don't want to keep this up. All I want… all I want to just say is, here it's better, we can stop the argument. To the Bill. No offense. To the Bill. I just… I understand what we're trying to do here. You get somebody who's convicted of a felony cause he took five hundred bucks ($500). He shouldn't run for office. That's probably true. How could you ever vote for a guy like that? The problem is, if you live in the district, you live where an alderman are and you want to vote for a knucklehead like that, then you vote for him only because if you actually wind up believing in rehabilitation. I just don't know how we come up and say here's a state worker who committed a crime and stole money but he can go to work for the city. The same public trust argument he just made. You go back to work for the city, but here's a guy who took two hundred (200), didn't disclose it, and he's… and he's stopped from doing it. We got to have a little trust in the voters. My God, we got to let them do something. Either we believe in rehabilitation or we don't. I don't see how we let a truck driver who's taking money or an inspector. There were inspectors just indicted by the city. They're going to get it and five (5) years from now they could go to work for the state. I don't know why we would preclude anybody. It may hurt other people and I… I just don't like it." 09500039.doc 16  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"The rules would provide for one additional speaker in support. So, Representative Washington, are you in support? Okay, in support."

"Will the Sponsor yield?"

"Indicates he'll yield."

"To the Sponsor, who I really respect and we have a good relationship. But I think as I look at the Bill, and I'm in support of the Bill in terms of where you're trying to go but I'm not understanding what you're going to… what you're saying that you're going to do afterwards. Could you reexplain that?"

"I'm going to give you as honest an answer as you can get on this floor. The Bill the way I originally wanted to do it was going to have two components in this Bill: one was to remove the prohibition on felons running for municipal office because I do believe that individuals rehabilitate themselves. I do believe that individuals turn their lives around and I do believe that the public has the ability to make a decision of whether that person has turned their life around. The political reality was this. A lot of people want to support the Bill that says a convicted elected official doesn't run again. For political reasons, there's going to be people that oppose my legislation that say, if you were convicted of car theft, if you were convicted of burglary, if you were convicted of something else, you presently cannot run for municipal office and I want to remove the prohibition. Some people, despite common sense, are afraid to cast a vote for something that may make it look like they are soft 09500039.doc 17  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 on felons, ex-felons, et cetera. So I've divided this, this piece… I mean, it's a two very easy distinct pieces of legislation. This Bill right now says if you are convicted of a felony related to your duties as an elected official, you no longer get to run again. If the schedule and process permit, I have another piece of legislation that is winding its way through that is going to say if you are convicted of another felony, you can run for local office. We need to have the same standards, be it for an alderman, a county level position, a State Legislator or a statewide elected official. We have two sets of rules right now. I believe it should be one set of uniform rules up and down. This will create a uniform set for barring elected officials… convicted elected officials from running again. I want to further remove the prohibition on other felons running for municipal office because I do think the voters should make that determination. I'm a strong believer in voters getting the opportunity to look at a person, warts and all, good character, bad character, history, and make a determination if they want that person to be in office. But I'm also a firm believer that the ability to be on the ballot, the ability to be an elected official, the ability to have the privilege to serve the public trust is a cherished one, and it's one that you should forfeit if you've betrayed that public trust as an elected official."

"And you know that… and John, that's admirable. I… My hat is off to you because I think there should be some continuity. But looking at it historically and when I saw this legislation I thought back to those men and women who 09500039.doc 18  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 were scheduled for the chambers of death until the Governor Ryan put the moratorium. Being as a flawed system, being as a crooked system, being that the technology is so that you can take a picture of someplace and put them someplace that they've never been, yet one picture's still worth a thousand words. And when I look at those kinds of flaws and that kind of technology in the hands of people who have an agenda that is evil oriented because of something they don't like or something or someone they don't like, an idea, then that kind of makes me a little bit nervous. As it is to the legislation and it is to the purity of your intent, though your intent is pure, there are things that have been done, can be done that won't measure up to equal the purity of your intentions here. And that part of it, that little wedge has me with that little bit of doubt what is happening here and how many people will it hurt that are truly innocent of things but found themselves as Molaro was saying earlier, in situations beyond their control or small things that could easily be put to the past. So that's my only concern here. To the Bill. I think that this legislation has a place. I think that the author of the legislation has a good idea. But, John, I know that this is improper in some way, but I would ask if you would take it out of record today and let us have a powwow between your respective colleagues who respect your idea and maybe we can have a little more conversation on some of the things, maybe some of it can be tweaked. But if you don't want to do that I understand, but I would ask you if you 09500039.doc 19  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 could do that and spend some time with myself, Molaro and a few others who share."

"But, I… Representative, I… since you've been down here I don't think I've ever said 'no' to you and I'm uncomfortable doing it for the first time. But let…"

"Representative, your time is expired. But, Mr. Clerk, why don't we turn on both Representatives and let them finish their line of questioning."

"The issues that you are addressing are valid ones. The issue that Representative Molaro addressed is a valid one. And these are related to felons convicted of other crimes not related to elected officials. I don't know of an elected official who was convicted based on faulty DNA. A bribe is a bribe. Extortion is extortion. Corruption is corruption. That's what this is dealing with. The idea about removing the shackles off of other felons and allowing them to reenter life is one that you and I are on the same page on, and that is that other Bill which I believe you will be thrilled about. Please, take no disrespect by me not taking this out of the record. The weeks and days are getting short that we have to move legislation. Representative Durkin had offered a suggestion which I think is a very good one. I anticipate there being an Amendment on this Bill should it get to the Senate… in the Senate. I'm telling you right now, personally and in front of everybody, I will work with you if there are concerns in this Bill that we can address. We can put those on to the… on the Senate side. That Bill will come back here. I think I have an excellent Bill but 09500039.doc 20  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 I am never one that's too bullheaded to make an excellent Bill better."

"Thank you, Representative. Thank you, Mr. Speaker."

"So we've had now three on each side and the rules would provide, Representative Fritchey, you're recognized to close."

"Thank you, Speaker, Members of the Body. I think some excellent points were raised. It's unfortunate that we need legislation like this, but the fact of the matter is that we do. It's the right policy. It's the right time and it sends the right message to the people of Illinois. Thank you."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mitchell, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 102 voting 'yes', 4 voting 'no' and 6 voting 'present'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Golar, you have House Bill 33… Excuse me. Representative Franks, for what reason do you rise? Representative Golar, you're next on the list with House Bill 3383. Do you wish us to read that Bill? Mr. Clerk, read the Bill."

"Representative Golar." 09500039.doc 21  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Thank you, Mr. Speaker. House Bill 3383 amends the Renter's Financial Responsibility and Protection Act, providing for one uniform charge for collision damage waiver. It actually regulates the price of collision damage waivers rental car agencies are offered to offer CDW, but customers are not required to purchase. This Bill makes two changes in the statute. First, it blends the current two-tier rate schedule that is based on suggested retail price. Many of the states that surround Illinois use a single rate. A single rate avoids confusion for the consumer and for rental car companies. The second thing this Bill does is that it sets a blended rate at twelve- fifty ($12.50), which is less than the previous high rate but higher than the previous lower rate. While the consumer can refuse to purchase the CDW rate, the rental car company cannot refuse the collision damage waivers coverage to the consumer. That coverage is available to all consumers without regard to the past driving record of the consumer. I'm asking for an 'aye' vote."

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

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

"Indicates she'll yield."

"Representative, I'm… reading the analysis and it says currently that a rental car company can charge nine-fifty ($9.50) a day if the suggested retail price of the rental vehicle is not greater than thirty thousand dollars ($30,000), or it can charge twelve-fifty ($12.50) a day if 09500039.doc 22  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 the manufacturer's suggested retail price of the rental vehicle type is greater than thirty thousand dollars ($30,000). Is that correct?"

"That's correct."

"So your Bill would allow for one uniform price regardless of the value of the vehicle."

"Correct."

"What would that uniform price be? That… I'm trying to find out if it's going to to cost consumers more, that's all."

"Well, I wouldn't say so."

"Now, I'm just saying, I don't know. Is there a specific… Our analysis doesn't go very far here. I don't know what, what we're trying to get here. Does that mean that we're going to have twelve dollars and fifty cents ($12.50) for all cars now regardless of price, basically giving the rent-a-car company…"

"Well, that's my understanding of the Bill. That's what the change is."

"So it would be twelve dollars and fifty cents ($12.50) standard for all cars now?"

"That is correct."

"Instead of nine dollars and fifty cents ($9.50)? So this would be an increase in the insurance rate on rent-a- cars?"

"That is correct."

"Okay. Why do we need that?" 09500039.doc 23  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Well, because all things… it's basically as a regulation of collision damage. Things have gone up, prices have gone up and so we need an increase."

"Have they given you any information on the amount of loss that they've had or the amount of profit that they've had on these insurance rates."

"Okay. The currents… Let's see. I think the most important thing about this is that this is voluntary."

"Well, I understand that, but here's… it's voluntary if you want to sign up for it. But if you do sign up for it, now, what you're saying is instead of… if you have a… let's say you get the econo/subcompact car, which before you were paying nine-fifty ($9.50) a day for, for insurance, but now you're going to pay twelve dollars and fifty cents ($12.50) a day. My point is I want to know why they should get a mandatory increase for those costs. Have they shown a loss on their insurance at the rate that they're at now or is this just a windfall for the car rental companies?"

"Okay, let me… let me say this. The distinction of the suggested retail price of a car is confusing. It says car rental agencies are buying cars for rental purposes throughout the year. In a small number of circumstances a car might cost more than thirty thousand ($30,000) yearly in the model year and then sell less before new models are introduced. This leads to confusion as to the CDW rate to the offer. Additionally, the distinction would only make sense in the circumstance of a total vehicle damage or at least near total damage. Otherwise, damage would cost the same for either the vehicle. Otherwise, it seems logical 09500039.doc 24  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 that the cost of the waiver should be the same no matter what the suggested retail price of the vehicle."

"Well, if we do agree with that type of thought process, then why don't we make it equal at nine dollars and fifty cents ($9.50) instead of twelve dollars and fifty cents ($12.50)? What have they shown to prove that they should have a 30 percent rate increase across the board?"

"The reason is, is because we are trying to keep up with the other states. And the other states have regulated theirs. Indiana has a thirteen dollar ($13.00) rate, Ohio has fourteen ($14.00), Iowa presently has fifteen ($15.00), and Texas has seventeen ($17.00). Other states, to make distinctions as to the type of vehicles or other reasons, in Minnesota they went from thirteen ($13.00) to fifteen ($15.00); from Michigan from thirteen ($13.00) to seventeen ($17.00); from Missouri to fourteen ($14.00) to eighteen ($18.00); Florida from twenty ($20.00) to twenty-five ($25.00); New Jersey, seventeen ($17.00) to twenty ($20.00); Wisconsin, twelve ($12.00) non-airport locations, fifteen ($15.00) and seventeen dollars ($17.00)."

"Okay. I apprec…"

"So we're trying to regulate…"

"Representative Franks, your time is expired. We're going to pause for a moment. Representative Currie is recognized. We’re going to… I think we're going to pause for a moment of silence now. Representative Currie."

"Thank you Speaker and Members of the House. Virginia Governor Timothy Kaine has proposed a day of mourning in Virginia for the victims of the tragedy that happened on 09500039.doc 25  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 Monday. At noon Eastern Time, that's 11:00 our time, he proposed that the bells be rung then. In Illinois, our Governor is proposing that we ring bells, church bells, steeple bells, across the state at this hour as we remember the victims of that terrible tragedy. And I propose a moment of silence for us as we join with Virginians and all Americans in mourning our shared loss. Thank you, Speaker. Thank you, Members."

"Returning to House Bill 3383, Representative Franks, did you need a few moments to conclude your remarks?"

"Thank you. What I wanted to find out and I appreciate your answers and you've done a very good job giving it the other states are doing. I think I know the answer to this question then. What I'm trying to find out, are the… are the rental car companies losing money when they're only charging nine-fifty ($9.50) per day and that's why you need to bring it up to twelve-fifty ($12.00) per day…"

"That is correct."

"…across the board."

"That's correct."

"Thank you very much."

"You're welcome."

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

"Thank you, Mr. Speaker, and I would like to thank my colleague for his questions. I'm sure there might have been some questions from the others and they didn't bring them forth, but I hope that this makes it quite clear. In 09500039.doc 26  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 fact, we are, in Illinois, charging the lowest and we're just coming up to regulating ours across the board. So I appreciate 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? Mr. Clerk, take the record. On this question, there are 97 voting 'yes' and 15 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Granberg, do you wish us to read 3638? Okay. On down the list, Representative Harris, you have House Bill 1286. Mr. Clerk, read the Bill."

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

"Thank you, Mr. Speaker and Members of the House. The intent of this Bill is to create a program to attempt to identify the persons living with HIV in Illinois who do not yet know their HIV status. Currently, health statistics show that there are forty thousand (40,000) persons who are HIV positive in Illinois, but ten thousand (10,000) of them do not yet know they're HIV positive and have not begun to get the lifesaving treatments. Based on the distribution of cases in Illinois the statistics show that about eight thousand (8,000) of these individuals are probably living in metropolitan Chicago area and two thousand (2,000) through the rest of the state. The majority are probably 09500039.doc 27  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 uninsured and low income; and this Bill attempts, subject to appropriation, to create a intensive testing program in emergency rooms, clinics, federally-qualified health care centers that would identify these people and counsel them into treatment. It would also provide the opportunity that does not exist under current law for the counseling to be done by more modern means such as DVD and computers and flip charts so that it can be standardized across the state. And it's supported by the AIDS Foundation of Chicago, the AIDS Legal Council, the Medical Society, and the Hospital Association. And I'd be happy to answer any questions."

"This is on Short Debate, but we'll move it to Standard Debate to accommodate a couple of Members. And Representative Durkin you're recognized for 5 minutes."

"He indicates he'll yield."

"It would be approximately two million dollars ($2,000,000)."

"Absolutely. A perfect case in point is a recent pilot program that was done in Cook County at the Stroger Hospital where all those individuals who came into the emergency department there for any reason were asked, ya know, had they been tested for HIV. They were given the opportunity for free, rapid testing. They were given some pretest counseling. Of those people who were tested, l.2 percent of them turned out to be positive and had no prior knowledge. The very sad thing, Representative, is that most of those people had progressed from HIV to AIDS because the disease had been dor… in their systems for so long and they had no knowledge. So the idea would be to get people in hospitals, health care settings, emergency rooms, federally-qualified health centers, and ask people, you know, have you had the test and provide an opportunity for free, rapid testing if they don't have means to afford it."

"Yes."

"If the department chose to run PSAs to advocate people to go in for a complimentary testing, free testing, that would be their choice. This urges it to be between the health care provider and the… their existing patients."

"The Lady from Cook, Representative Mulligan."

"Indicates he'll yield."

"This is not a mandating Bill."

"We are urging people to do the smart thing for themselves and take test… and get the testing."

"In order to cut down the time that a separate written conform… informed consent for HIV testing allows, we're also allowing that that consent to be combined in with the general consent for medical services. So we're hoping it will take very little time for the physician and the patient."

"If they chose. And they would need to know that they were giving that consent, so it complies with…"

"Yes, Ma'am."

"Yes, it is, Ma'am."

"Those are the estimates I've been provided."

"Yes, it would."

"I believe the department would seek matching funds and also seek federal funds for this expanded testing."

"This Bill really targets persons in areas where there is a prevalence, of HIV. It urges people to come into health care settings. The CDC guidelines are voluntary and this provides a concrete plan in the areas of our state with the highest prevalence, where we believe the majority of these individuals already reside."

"Yes, I believe that the department would create a grant program to assist those areas where they believe they have the greatest need."

"Representative Flowers."

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

"Indicates he'll yield."

"Representative Harris, does this Bill apply to children as well?"

"It… I believe it applies to everyone who would consent to… Let me just check here. I don't want to be in error. It applies to all individuals. Children would be covered if their parents chose, if they chose."

"So… so in other words,are you in compliance with this legislation with the Center for Disease Control?"

"I believe so, yes."

"Okay. According to the… our analysis here, the last sentence, it deletes a provision requiring a health care provider or a professional, to obtain informed consent under certain circumstances. Now, I thought in the beginning it stated that this was a volunteer program but being a volunteer program you're not going to let them know that you're going to test them for AIDS?"

"I'm trying to find what section you're looking at, Representative." 09500039.doc 32  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"The last sentence on the front page of the analysis. It says that it 'deletes a provision requiring a health care provider or a professional to obtain informed consent under certain circumstances.'"

"I believe that is from the original Bill. There is an Amendment."

"Well, this is Amendment #1 and it replaces everything after the enacting clause. So you're taking away peoples opportunity or rights to opt-out and not be informed but they're going to be tested for AIDS?"

"I'm looking at the analysis on my computer, Representative, and I am not finding that language that you're referring to."

"Well, the analysis on my computer… Here, you read it."

"Representative, all I can say is I'm looking at the analysis on my computer here…"

"That's where I got mine. I got mine off my computer as well."

"…is different because this Bill… That this Bill does have…"

"I'm just telling you what the synopsis says, so, is that not true?"

"Informed consent is required in all circumstances by this Bill."

"But you do see the language…"

"Voluntary informed consent."

"…that was printed off the computer?"

"I see this language." 09500039.doc 33  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"And would you… would you just read it for me, please."

"I'm sorry?"

"Would you read that last sentence for me, please?"

"Yeah, you read it aloud and I see it here, but let me just look in the Bill because this Bill does require… Representative, this may answer your question. I will read the language directly from the Amendment. 'Information may be provided in writing, verbally or by video, electronic or other means that is easily understandable by the subject. The subject must be offered an opportunity to ask questions about the HIV test and decline testing.' So it is voluntary informed consent. This is the actual language in the Bill. I'm not sure where that document came from. It's obviously in error."

"Okay. So just… just to be clear, just to be clear, because there's quite a few AIDS Bills going around. This Bill would require that anyone that comes in contact with a health care provider can be tested for AIDS as part of their routine health care?"

"Absolutely. It encourages individuals to take the voluntary test, yes."

"Oh, but it does not make this a part of the rou…"

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

"This is not a part of the routine health care?"

"This is not a mandate. It is a…" 09500039.doc 34  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"No, not a mandate. And that's not a mandate because a person can opt-out. Is… My question is, is this part of the routine health care when a person goes to… for a physical?"

"This is a voluntary agreement between a person and their physician to have the test."

"Thank you for the clarity, Representative."

"Thank you, Ma'am."

"So the rules would provide for two additional speakers in support of the Bill. Representative Bellock, would you like to speak in support?"

"Okay. Proceed."

"He indicates he'll yield."

"Yes, Ma'am."

"It is not mandatory testing, Representative."

"And Representative Coulson would you like to speak in support? Okay, in support."

"He indicates he'll yield."

"Yes, it does, Representative." 09500039.doc 35  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"To get them appropriate counseling, treatment and referral, yes, Representative."

"Representative Harris, you're recognized to close."

"Thank you, Ladies and Gentlemen. I would appreciate an 'aye' vote on this Bill so that we can help get ten thousand (10,000) of our fellow citizens into early treatment and care and extend and improve their lives. 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 Sacia. Mr. Clerk, take the record. On this question, there are 110 voting 'yes' and 2 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Jefferies, for what reason do you rise?" 09500039.doc 36  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Yes, I'd like… I would like the record to reflect for House Bill 419 a 'yes' vote. I inadvertently pushed the wrong button. Thank you."

"Thank you, Representative, and the record will reflect your intentions on the Bill. Representative Granberg, you have House Bill 3638. Mr. Clerk, read the Bill."

Speaker Hannig: "The Gentleman from Clinton, Representative Granberg."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3638 puts limitations on the type and size of items that can be held in a temporary transportation facility en route to a recycling center. With the Amendment we added on Second Reading there is no known opposition to the Bill."

"This is on the Order of Short Debate. Does anyone stand in response? The Lady from DuPage, Representative Bellock."

"He indicates he'll yield."

"What it does, it would have to comply with the permitting process, but for a temporary storage facility. 09500039.doc 37  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 So if you have like paints or solvents or light bulbs, they have to be in a sealed container that can be hauled for up to ten days (10) on their way to a recycling center."

Speaker Hannig: "Any further discussion? Representative Granberg to close." Granberg "I would simply ask for an 'aye' vote."

"The question is, 'Shall this Bill pass'? All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Harris, Mulligan, Scully, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 100 voting 'yes' and 11 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Hassert has House Bill 39. Okay. Representative Reboletti is going to handle that Bill, Mr. Clerk. So, Mr. Clerk, read the Bill."

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

"Does… This is on the Order of Short Debate. And in response the Gentleman from Lake, Representative Washington."

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

"He indicates he'll yield."

"Representative, so you are proposing a legislation similar to some of the things in the Patriotic Act that will allow the broadening of eavesdropping under the pretense of one incident that had something to do with Internet sexual predators. Am I nderstanding that correctly?"

"But don't you think that this opens the door for those who may participate in entrapment that we empower with badges and authority for law enforcement, but being that we know that that network is not full of saints, we've seen it from the highest level, even with the controversy dealing with the exposing of the covert operative Ms. Plame that we recently hear in the news, don't you think that this is a little far fetching and broaden the Patriotic Act on another level to rob and rip off the American people of rights that they are supposing to have? Especially in light of when I look at who the opponents are. These are the opponents of the little people, of the common everyday American, that stiff that works hard every day to pay his or her bills and may or may not warrant eavesdropping and some degree of privacy that is supposed to be ensured."

"Well, I notice you keep using the word 'child pornography' and it does hit home and it is a buzz word and I have seven children and I'm very much against any child 09500039.doc 40  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 abuse, but I also know a Trojan horse. So to use the case of sexual predator and keep dropping the word child pornography if that would make two wrongs make it right. I think this… To the Bill. I think this is a bad piece of legislation. I think when you look at who the opponents are these are some of the very opponents that tried to assure that there is a balance in power when it comes to legislating law. And that does not lead to an entrapment or an abuse of that law. And I think if we're not careful we're going to give away, constantly chip away at what makes us uniquely different than the rest of the world and I suggest a 'no' vote for this legislation."

"Representative Molaro."

"Yes, thank you. Well, sometimes I can speak pretty well but Representative Washington actually did a great job and I was hoping a few people listened to it. We are actually a two party state. We differ than the Federal Government in the sense that if you're going to go out there and you're going to record conversations, it's been ours that you have to have two parties agree with it. If you don't have two parties agree with it then you usually go to court to get a court order. Pretty simple to do. They talk about emergency here when someone's life's in danger and we eroded that two-party conversation a few times in the General Assembly. Now when you go to this Bill, the Sponsor is absolutely right and Eddie… Representative Washington's right. I happen to have five children, you're two ahead of me Eddie and hopefully I'm done. But it says here listening with the aid of any 09500039.doc 41  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 device, the party of conversation consented to it and it talks about in the course of an investigation for child pornography. Well, I don't even know what the heck that means, investigation. So what we're doing is if you're investigating it, you don't need it. So I would rather we come in and say let's change Illinois law, let's become a one-party state. We shouldn't erode this. We have been a two-party state for many, many years. It's served us well. It's fantastic when it comes to civil liberties. They absolutely are catching these child pornographers and if they think child pornography is going on, there isn't a judge in the county that won't issue an overhear consensual warrant. Not a judge in any county anywhere. So take the ten (10) minutes, call up a judge, let him sign his name and it's accomplishing exactly what it does in this Bill. Let's not change a hundred and fifty (150) years of practice by putting the word child pornography and we all jump over it. Let's vote 'no' on this Bill. Let's talk to judges and get the warrants, just like we should and what this country is all about. So I urge a 'no' vote."

"Representative Durkin."

"We’ve had two on each side and, Representative Brosnahan, which side would like to speak on?"

"Mr. Speaker, I just have a few questions. I'm not really sure how I'm going to vote on this yet."

"Okay. So…"

"Will the Sponsor yield?"

"Indicates he'll yield."

"One of the questions I have is, how is the approval given? Does the approval by the state's attorney have to be in writing? Is there going to to be any record of this approval? Or is…"

"Okay. And then… and one of the questions, I looked at the language and maybe I just missed something because I thought that the Bill actually said that the state's attorney has to sign-off, has to give the approval. So one of my questions was like in Cook County with the felony 09500039.doc 44  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 review unit. But I thought under this Bill it restricted it, just that the state's attorney had to be the one to give the approval in this situation. So is that incorrect? Are you telling me that any assistant state's attorney that is given the authorization and is that in the Bill?"

"And is…"

"And I guess, as part of this approval process, is there anything in this legislation that would require, you know, the person asking for the authority, the police departments, the Cook County, you know, the investigators for the state's attorney's Office, is there anything in there that requires them to indicate why they want the state's attorney to do it instead of judicial review?"

"And I haven't talked to anyone from the State Bar Association on this Bill, but can you tell me what their objections were to the legislation when it was presented in committee?"

"Okay. And if you also… if you tell me what the position of the Cook County State's Attorney's Office was on this legislation? Did they weigh in on committee?"

"Okay. Were they neutral on the legislation or they didn't weigh in at all?"

"Okay."

"Okay. I have nothing further. Thank you."

Speaker Hannig: "So we've had two in support, three in opposition. The rules would provide for one additional speaker in support. Excuse me. In support. Representative Scully, are you in support?"

"Mr. Chairman, I don't know whether I'm in support or not. I have questions about whether or not this approval has to be prior approval, written approval, subsequent oral 09500039.doc 46  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 approval. So I can't tell you whether I'm in support of this legislation or not."

Speaker Hannig: "We’ll allow you to ask the question, Representative, so the Sponsor will yield."

"Mr… Representative, I don't know if you heard my… my comments. Can this be subsequent approval?"

"Okay, there's… I'm looking at… Is the entire text of you…your Bill one paragraph in terms of the changes made?"

"I suggest you take a look at your Bill. There's nothing in there that says written approval, prior approval, or subsequent approval. So this gives a copper the ability to eavesdrop, and if he hears something really interesting that has nothing to do with child pornography, the ability to go back to the State's Attorney's Office, subsequent means and say hey, I heard some really good stuff, would you please approve the illegal eavesdropping that I conducted yesterday. And oh, by the way, I was… I was… what was I doing. I was investigating child pornography. Yeah, that's what I was doing."

"I'm sorry. Could you repeat that last ten (10) seconds? I was trying to hear, but I could not understand your statement."

"Again, Representative, where does it say that in your Bill that there has to be a prior written approval? You just responded to my question saying that your proposal does require written, written requests and prior approval. I don't see that in your Bill."

"Thank you. To the Bill." Speaker Hannig: "…Bill."

"I'm in strong opposition to this Bill and my opposition is based primarily on the fact that the Sponsor doesn't know the single paragraph that constitutes the 09500039.doc 48  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 entire text of his Bill. A couple of minutes ago on a critical issue of whether or not this requires prior written approval, he answered my question saying it does require written approval, it requires prior approval. Yet within the text of this Bill, there is no such requirement. He has now corrected himself. The request does not have to be written, the approval doesn't have to be written. It doesn't have to be prior. I ask you… I ask you to defend the constitutional rights and if we're going to give law enforcement this kind of power, we do so with much greater caution and much greater clarity as to what law enforcement can do. Thank you."

"So we've now had three on each side and maybe a little stretch on that one side, but three on each side. Representative Reboletti, 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 Cultra, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 71 voting 'yes' and 34 voting 'no'. And this Bill, having received a Constitutional Majority, 09500039.doc 49  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 is hereby declared passed. Representative Lyons, for what reason do you rise?"

"Speaker, I have a point of personal privilege."

"State your point."

"I'd like the chamber to acknowledge and a round long of applause for my home parish of Our Lady of Victory who are down here visiting us in Springfield today. Welcome OLV. Thank you everybody. Thank you very much."

"Representative Hernandez, would you like us to read House Bill 1072? Out of the record. Representative Hoffman you have House Bill 1911. Representative Hoffman, do you wish us to read 1911? No? Okay. Out of the record. Representative Holbrook on House Bill 614. Mr. Clerk, read the Bill."

"The Gentleman from St. Clair, Representative Holbrook."

"Thank you, Speaker. House Bill 614 is… may undergo even another change over in the Senate. I'll tell everybody that up front. There are some negotiations going on with the Hospital Association. They seem to be a little divided on what they want on this issue. The bottom line to this Bill is, is we don't have any LTACHs in the Metro East area, nothing south of Aurora. And right now our constituents in the lower half of the state have to get in a five hour ambulance ride to Chicago to go to an LTACH, where families have to go up there to visit. We're trying to resolve this issue. We're still working with all the 09500039.doc 50  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 parties. This may end up being the final Bill, but I… we are leaving it open for negotiations with the Hospital Association on how they want to do this. The Bill right now asks for three pilot project LTACHs to be put in, in our state, including one in the Metro East which is downstate that we could access. I know of real… no real opposition to the Bill other than the negotiations going on currently with the Hospital Association. Be glad to take any questions."

"This is on the Order of Short Debate. Does anyone stand in response? The Lady from Cook, Representative Mulligan."

"Indicates he'll yield."

"Could we ask the Gentlemen in the center aisle to move their conversation."

"I just went through that and that is that there's a split among the Hospital Association people on how they want to handle this. They may want one more, one less. They're still working on that issue, but the bottom line is we need to do this at least downstate so we're not transporting our people up to Chicago to receive treatment. We're going to work with them. We negotiated 'til late the 09500039.doc 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 other day on these three pilot LTACHs. The Bill asks for three of these to be done right now, one of them in the Metro-East, in the St. Louis Statistical Metropolitan Area. We're trying to work with them. They really can't come to an agreement among themselves right now on want they want. And we're willing to work on them in Senate, but at the end of the day we need to get this facility, this type of service available to our downstate people."

"I talked to both parties involved, both the Long Term Care Association and the hospital people and they know that I'm moving this Bill over to the Senate. They're well aware of that. And again, they were in negotiations up to and including yesterday trying to get me an Amendment for this Bill, but we're running out of time and I have to get this Bill out of here. So they know that if they can come to an agreement we'll adopt that over in the Senate with them."

"There would be no state funding whatsoever on this. This would… this is being done by private developers. My local hospital groups are the ones that came together and requested this to be done and they were going to to help fund that along with the long-term care facility people. So there would be no… the only state money would be here, is if there'd be reimbursement for the patients in there and it would be at significantly less cost than what it is today when they go either from the hospital or if they're transported up to the Chicago area for LTACH treatment."

"They are for profit."

"The long-term care facility that's building, that's putting this in, is a for profit. It's not a not-for- profit."

"Representative Myers."

"Representative Holbrook to close."

"Thank you. This is a good Bill as it's written. We might make it better over in the Senate. We have a real concern about health care needs in our area. This is not available outside the Chicago area. If you're a 09500039.doc 54  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 downstater, and it meaning anything outside of the collar, your folks don't have this. I'd urge an 'aye' vote."

"The question is, 'Shall House Bill 614 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 Granberg, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Howard, you have House Bill 1639. Mr. Clerk, read the Bill."

"The Lady from Cook, Representative Howard."

"Thank you very much, Mr. Speaker. House Bill 1639 amends the Juvenile Court Act of 1987. It provides that an objection to the expungement of a juvenile's court record must be filed within 45 days as opposed to 90 days after the notice of the petition for expungement is filed."

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

"She indicates she'll yield."

"It seems that young people have not been able to be involved in the process in their best interest because the time is such a long period. And so the thought was given 09500039.doc 55  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 that we probably could make certain that more of them benefited if the time was a shorter period. And those who are… who work with young people and are involved in this process agree that there will be no harm if the young person has a lesser period of time to… to deal in this process."

"I understand your question…"

"…and I have to assume that if they believed that there was a problem, that there would be some indication. They would have come to the hearing to testify against the Bill or they would have in some way demonstrated their nonsupport. Inasmuch as they have not, then I will assume that they have felt that there's no problem in the lessening of the time."

"I have… Yes, I would assume that there is a green light as I said, because I've heard nothing to the contrary."

"Representative Howard to close."

"I'd appreciate the 'green' votes from my colleagues. 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? Representative Bost and Pihos, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 89 voting 'yes' and 19 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Jefferies, you have House Bill 948. Representative Joyce, you have… Kevin Joyce, you have House Bill 1835. Mr. Clerk, read the Bill."

"Representative Joyce."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1835 simply allows law enforcement to impound a police… impound a vehicle of a driver who was pulled over without insurance. I'd be happy to answer any questions."

"This is on the Order of Short Debate. Does anyone stand in response? The Gentleman from Cook, Representative Durkin." 09500039.doc 57  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

He indicates he'll yield."

"The intention is that they don't have insurance period."

"And that's why the database is collected by the Secretary of State's Office in the Bill."

"It's certainly… certainly not the intent of the Bill."

"Representative Myers."

"Indicates he'll yield."

"Well, they… first of all, the Secretary of State eventually will be able to have a database of all motor vehicles that do not have a insurance applied to it. And second of all, after talking with the State Police it's their view that law enforcement would use their discretion to allow the person to provide that insurance card and proof of insurance at the time of the stop."

"If it's determined that the insurance clearly does not exist at the stop, correct."

"Yes. Yes, I would certainly join in that effort to talk to the Secretary of State's Office and make sure that their database is updated, that it's shared the way it's supposed to be shared with federal, state, and local authorities and any other options or ideas you may have to rectify that situation I'd be more than happy to help on that."

"Sure."

"Yeah. And…"

"And, Representative, I think that's part of the reason that we… that this does require a very comprehensive database to be set up by the Secretary of State's Office and obviously there's always, you know, things that they can do… that everyone can do better and hopefully this will help rectify that situation."

"Thank you."

"So we've had two speak in opposition, or in response, and one in favor. Representative Turner, which side shall we put you on? Okay. So, you're recognized for 5 minutes in opposition."

"Thank you, Mr. Speaker. I'd ask the Gentleman if he'd want to yield but I just want to use an example, a very recent example where I was hit by a guy who thought he had insurance. In fact, the dealer or the agency issued him a 09500039.doc 61  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 card that had a number. In fact, I'm still trying to explore how the Secretary of State issued a driver… issued a plate to him but when I called the insurance agency, the insurance agency said that his insurance card was a temporary card. In other words, he hit me, like, New Year's Day, they said it that it didn't go into effect… his policy went into effect on the third. This guy was under the impression that he was insured. He bought his insurance in December from this agency, but the agency said that they were still exploring. So the fact of the matter is, he was not insured; his car then would be impound. And it's because of this, this thing with these agencies and I've gotten another call again yesterday from a guy, and it's the substandard insurance companies and their relationship would… and I don't want to mention the agency's name over the PA system, that leaves me a little reluctant to voting for this because in many cases, especially in the poor communities, we're dealing with we find… just like we talk about the predatory lending companies, we've got a number of fly-by-night agencies or agencies who are and it's this temporary card where people think they're insured and I'd hate to think about some of them as victims having their car towed. And it's because this situation has not been clarified and as I say I'm reaching out to the Secretary of State's Office now trying to figure how do agencies give the slip saying that a person's insured when, in fact, the insurance is pending while they're still trying to search a particular company and you know, the individual's out driving and more 09500039.doc 62  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 importantly, the Secretary of State has given them a temporary license plate and the guy never was covered, you know, according to the agency. And the agency showed me where the policy went into effect January 3 but the guy had been driving a month on what was supposedly …and it's for this reason that I have concern and at this point I would not be able to support the legislation until somehow the conversation between the Secretary of State's Office and either/or the department can be worked out. New rules that say you don't issue, you know, pending, but that, in fact, that person who when he leaves that agency is in fact, insured. But that's a concern that I have and it's… it leaves me to be not able to support this Bill at this time."

"I understand, Leader."

"Okay, so we've now had three speak in response or opposition. The rules would provide that two additional speakers could speak in support. Are you in support, Representative Winters? Okay, Representative Winters."

"Indicates he'll yield."

"That's going through Rules." 09500039.doc 63  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Well, it's certainly not part of the Bill right now, Representative."

"Yeah."

"No."

"As far as the database program goes, yes."

"They have not slipped… they have not slipped any opposition or opposed it." 09500039.doc 64  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Not… not at this point."

Speaker Hannig: "Rules provides one additional speaker in support. Representative Rose, you're in support?"

"Okay."

"So you have 5 minutes."

"No… it's discretion." 09500039.doc 65  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"I would. And I will tell you that, you know, the language clearly states 'may' may impound not 'must'."

"Yeah, I could… The Bill clearly states that law enforcement may, not must, may impound. And if you would like to see specific first time, second time, third time offense type language I'm more than happy to add that on in the Senate and bring it back for concurrence over here."

"It's breaking the law. Yeah." 09500039.doc 66  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Thank you."

"Okay. So the rules now have allowed three to speak on each side and so, Representative Joyce, you're recognized to close."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is simply meant to enforce existing law that all drivers in the state have insurance. It's meant as a safeguard, as protection. Many people have been in car accidents before with someone who doesn't have insurance. They have no way to make up their loss, both damages or to their vehicle or damages to their body without someone being insured. And this certainly strengthens the penalties. I'd appreciate an 'aye' vote. I appreciate the concerns of some of the Members and I would be happy to address some of those over in the Senate. 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? Representative Bradley, Crespo, Davis, do you wish to be 09500039.doc 67  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 recorded? Mr. Clerk, take the record. On this question, there are 78 voting 'yes' and 25 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Sacia, for what reason do you rise?"

Speaker Hannig: "The record will indicate your intentions, Representative. Representative Jefferies, you have House Bill 948. Mr. Clerk, read the Bill."

"The Lady from Cook, Representative Jefferies."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is House Bill 948 which simply expands the class of drugs that a person enrolls… seniors that enroll in the Illinois Care Rx basic plan is eligible to include drugs covered by the Medical Assistance Program. There was an Amendment to this Bill providing only seniors access to new drugs, lowering its cost to the state. This Bill originally added the disabled to be included. I will answer any of your questions."

"This is on the Order of Short Debate. Does anyone stand in response? The Lady from Cook, Representative Coulson."

"She indicates she'll yield." 09500039.doc 68  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"No, I do not at this time. The budget is still being drafted because of… because of the cost."

"Well, I have an approximately, maybe… seven million dollars ($7,000,000). That's approximate."

"Actually, yes, because originally it added disabled persons. The change that took place is only… only takes in the seniors."

"Pardon?"

"The poverty level is not being changed."

"We're just giving… we're just giving them more coverage."

"Okay. It will cover the drugs that are not presently. All medical assistance drugs that's not formerly covered at this… There are ten (10) categories at this point. This will add to that."

"Exactly."

"Thank you."

Speaker Hannig: "So, Representative Jefferies to close. Representative Jefferies, you're recognized to close."

"Thank you and I encourage an 'aye' vote."

"The question is, 'Shall House Bill 948 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Rep… Mr. Clerk, take the record. On this question, there are 107 voting 'yes' and 2 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Joyce, you have House Bill 820. Okay. Out of the record. Representative Lang, you have House Bill 1753. Mr. Clerk, read the Bill."

"The Gentleman from Cook, Representative Lang."

"Thank you, Mr. Speaker and Ladies and Gentlemen. House Bill 1753 would create a commission to study same day voter registration. I've had Bills before to deal with this 09500039.doc 70  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 issue and no one really wants to jump into it, so we created a Bill that would create a commission with Legislators from both chambers and both sides of the aisle and public members. You know, we're always interested in expanding the voter rolls and getting people more involved in the process and when we see elections where only 20 and 30 percent of the people vote, we need to do something about it. Out of the seven (7) states that have same day voter registration in America, five (5) of them are the states that have the highest voter turnout. I don't think it's a coincidence. This Bill does not set up same day voter registration; it merely sets up a study. I would ask for your support."

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

"That's correct, Sir. It sets up a commission with legislative Members and public members to study whether this is feasible."

"I'm sorry, Sir."

"Four Members of the General Assembly; one from each caucus and four public members."

"Well, I imagine though… I would imagine we would leave that up to them. But if I were running the study I would 09500039.doc 71  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 check with all the election authorities around the state to see how and… they would be implemented, if they're interested in it, how it would work in their counties. I would be checking with other states and other jurisdictions. I would be checking with the seven (7) states that have it today to find out what the flaws in their systems might be to determine how we would piece together whether or not… first, whether or not we should do this; and second, how we should do it if we wish to proceed."

"Well, Representative, clearly that wouldn't be permissible under any system. Obviously, if we are going to allow same day voter registration at some point in the future, then people would have to convince the election authorities that they are eligible to vote in that jurisdiction, in that precinct, in that location that we would have to set up those safeguards. I wouldn't vote for any system that didn't have those safeguards, Sir." 09500039.doc 72  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Well, Sir, if I knew all of that we wouldn't need the commission. I would just propose the Bill for you."

"Well, Sir, we have… we have rules today about how you register to vote. You have to prove where you live. You have to have a sufficient ID. You have to prove that you're in the right precinct. We have many of these in the law today. And so while we're all concerned about election fraud, there are seven (7) states that have same day voter registration today and twenty (20) or more other states studying it as we speak, Sir."

"Representative Winters."

"Indicates he'll yield."

"I don't have a specific answer to that question, but I have to presume that Minnesota, Maine, New Hampshire, Idaho, Wisconsin, Wyoming and Montana would have repealed their law if they felt that voter fraud was rampant."

"Minnesota."

"I'll read…"

"I'll read them to you so you don't have to tax your brain, Representative."

"Minnesota, Maine, New Hampshire, Idaho, Wisconsin, Wyoming, and Montana."

"And as many as twenty (20) other states are studying this now. Again, this is just a study."

"It's advisory, Sir."

Speaker Hannig: "Representative Lang, you're recognized to close."

"Thank you, Mr. Speaker. I think we all have an interest in increasing voter participation. This may or may not get us there, but it’s a step forward to at least find out one possible new way to make it happen. Please vote 'aye'."

"The question is, 'Shall House Bill 1753 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 68 voting 'yes' and 40 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Lang, you also have House Bill 1752. Mr. Clerk, read the Bill."

"The Gentleman from Cook, Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. We all know that in certain parts of the state we're having trouble acquiring and retaining election judges. This would take a small step forward to try to keep those election judges in place and it would permit an election authority… No, it would require the state to provide an additional twenty dollars ($20) stipend to election judges all over the state. I would ask your support."

"This is on the Order of Short Debate. Does anyone stand in response? Representative Bassi."

"He indicates he'll yield."

"The state share today is twenty-five dollars ($25)."

"Local authorities."

"That would be correct."

"We don't have a budget yet, Representative. We would… if this Bill passes it'll be in the budget."

"Everything we do here is subject to appropriation."

"I believe it is, but I can check it for you."

"It is not, however, it would have to be a line item in the state board's budget. This is the state board's proposal, so I assure you it will be in the state board's budget."

"Representative Myers."

"He indicates he'll yield."

"So, I don't think… Bear with me. I may have a piece of paper that will be helpful, Representative. But this, of course, will partly depend on how many election judges each jurisdiction wishes to hire. But let me… Bear with me a moment. You know what, I don't think I have that number."

"I think each county makes their own determination as to how many election judges they wish to have."

"Can you… I'm sorry, I was distracted here…"

"…by people that want to get on this wonderful Bill. So, can you ask me that question again, Sir?"

"Well, then they also determine for instance how many polling places there will be. So that… they control that. What we've decided here as a matter of public policy that we want the county clerks to control the election machinery. So, we have entrusted them with the decision of how many polling places, how many election judges. And since we're going to allow them to make those decisions, if we think that the people that they're hiring to be election judges ought to be paid a little more, this is the Bill to do it."

"Thank you."

"Representative McAuliffe."

"Indicates he'll yield."

"Yes, they receive pay just as every other judge." 09500039.doc 79  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"That's correct."

"That's correct."

"Thank you, Sir."

"Representative Black to close. Representative Lang to close."

"If he wants to close for me that's all right, Sir. I'm sure he'd do a very fine job. But let me just ask for 'aye' votes. 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 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Mathias, you have House Bill 1327. Mr. Clerk, read the Bill." 09500039.doc 80  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

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

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish. Have all voted who wish? Representative Riley, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Jerry Mitchell on House Bill 822. Representative Mitchell. Representative Mitchell, do you wish us to read this Bill? Mr. Clerk, read the Bill."

"Representative Mitchell." 09500039.doc 81  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 Mitchell, J.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I bring you a Bill that amends the Animal Control Act. It reduces the burden of proof and appeal process. Finding a dangerous dog doesn't do anything for vicious dogs. Provides that a dog found running at large with three or more dogs may be deemed a potentially dangerous dog. And this is a new category. 'Potentially dangerous' simply means that those dogs that run in packs are more often to have the inclination to attack either people or livestock. This Bill is supported by the ASPCA and has no opponents. Be happy to answer any questions."

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

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

"He indicates he'll yield."

"Representative, just a quick question. When I'm looking at the summary it's one of the things that catches my eye, is actually a technical issue which is, there's a the change in the burden of proof or an appeal…" Mitchell, J.: "Yes, there is."

"…from clear and convincing to a preponderance of the evidence?" Mitchell, J.: "A preponderance of the evidence. And…"

"What's the rationale underlying that?" Mitchell, J.: "Basically, the reason for that is that it's very difficult in many situations for a dangerous dog to have clear and convincing proof, but preponderance of the evidence in an argument where the owner wants to argue 09500039.doc 82  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 that, we still say that the animal control warden still has to have at least 51 percent of where the burden of proof must be on his side to keep that dog potential… in the dangerous category."

"Okay. It's as good an answer as I guess I can get on this one. But just to reiterate, ASPCA is good with this?" Mitchell, J.: "Yes."

"No opposition from any of the other animal groups?" Mitchell, J.: "This… this was their Bill and John, mainly what we're trying to do is establish that new category of potentially dangerous. We found that an ordinance in St. Louis that they proposed this same thing after a young man was killed by three (3) dogs running in a pack. They put this same language in or very close to the same language; they have not had an attack since that time. Representative Boland and I both went through, a couple of years ago, the death of Lydia Chaplin, a young girl that snuck out at night and she was attacked by three (3) dogs who simply would not let her get up and get to safety and she died of hypothermia."

"No, absolutely. And all too often the problems that these cases stem from are not bad dogs but bad dog owners." Mitchell, J.: "Absolutely."

"And that's a whole separate issue. Let me get to something I can speak to personally, somewhat. You exempt out a dog that is in a dog-friendly area or dog park as not being considered being at large if it's monitored and supervised." 09500039.doc 83  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 Mitchell, J.: "That's correct. If we…"

"So in my neighborhood for example we have several dog parks and that's what… that's what their primary intention is, et cetera. However, there are some parks in the neighborhood that people will let their dogs run out and they're supervised. The owners are there, the dogs are running around playing. You know obviously open space in an area like mine is at a premium. It's not technically a dog park." Mitchell, J.: "Right. That's correct."

"It's not technically a dog-friendly area. If a number of neighbors are sitting there having their dogs run in the park on the corner, are they going to still be subject to this?" Mitchell, J.: "No. The young man in St. Louis was playing basketball in such a park as you say, but the dogs that attacked him the owners were not there. They weren't present with their dogs. That’s what happened. We have to be really careful that we don't infringe upon the rights of dog owners, but at the same time we must protect the citizens from potential attacks."

"There's not a question about it. I'm going to support it. I'm going to ask you a question. I'm obviously going to take you at your word at it. If you would just do me a favor and take a look at this as it moves over. You're doing the right thing with the dog- friendly area or dog park, but the fact of the matter is the way this is written… here, I've got a park half a block from my house and technically… here, plain and simple, 09500039.doc 84  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 technically dogs are not supposed to be off leash in that park because it's not a dog park. But the reality is, early in the morning, late at night when the park is otherwise empty, a number of dog owners will go and let their dogs run and just get some exercise in the city. Those folks, under this statute, they would be liable because you know while the dogs are monitored and supervised, they're not monitored and supervised in a dog- friendly area." Mitchell, J.: "Representative, we have an Amendment that exempts hunting dogs engaged in legal hunting and training activities and dogs exercising in dog parks from running at large. So I'm sure, I will go back to ASPCA, make sure that we have an exemption in the situations that you're talking about because that's not the intent of this legislation."

"Well, and I realize that, but oftentimes, you know, all best intentions aside, the technical language of a Bill will control. You know, it may surprise a lot of people to learn that I have a big hunting dog and I've got my big hunting dog and I like to have him out in the park sometimes and he looks a lot scarier than he is. But again, I know what your intention is, your intention is the right one but I'm just saying though that a dog in a public park that is not designated as a dog park, even though the owners are there and watching those dogs…"

"Representative, could you bring your remarks to a close?" 09500039.doc 85  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"They would still be potentially liable. If you just take a look at it, if there's not a way to fix it, it's still a good Bill." Mitchell, J.: "We certainly will. I remember succinctly the wide load Bill that we passed at one time, so we don't want that kind of language that's going to confuse either animal control wardens or citizens. So, we will simply work on that issue to make sure that it's clear."

"That’s all that I can ask. Thank you very much." Mitchell, J.: "You're welcome."

"Representative Mautino."

"Thank you. Sponsor yield?"

"He indicates he'll yield."

"Jerry, do the veterinarians… were they involved in the negotiations at all? Did they have any comments on it?" Mitchell, J.: "They are not opposed, but I don't know that they were in the negotiations on the Bill. But they certainly have looked at it. They don't seem to have any problems because we're really not doing that much with this Bill except entering this new category of dogs as the potentially dangerous and basically again that the… the fines are the same, the actions are the same and it's spayed or neutered and micro chipped if they're considered potentially dangerous."

"And the determination of potentially dangerous is made by the court, State's Attorney? I mean who… who makes that decision?" 09500039.doc 86  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 Mitchell, J.: "The animal control warden, the administrator that the county hires to do that."

"Okay." Mitchell, J.: "And it can be appealed."

"Okay. And then is there some recourse or how does someone if their animals are picked up. I have three dogs that are there and if they run over, and I live out in a rural area in the country and so they may run down to one of the neighbor's house, they may run up towards the golf course; how do I, you know, in case the toy poodle, the chihuahua and the lab are running as a gang and they get picked up, how do I make sure that we're not determined?" Mitchell, J.: "Well, Frank, in that situation there is the potential and that's what we'll work on, but there is a potential that they could be picked up if somebody didn't notice them. Although, you know, I think publicly they have their dog tags on and everything else. They're not… they're not basically what we're looking for and that's potentially dangerous dogs."

"And I respect that."

"Representative Sullivan."

He indicates he'll yield."

"Representative Mitchell to close." Mitchell, J.: "Ladies and Gentlemen, we continue to try to make our lives safer. Everybody has companion animals; everybody has animals that they love and I don't have a problem with that. What I have a problem with are dogs that run in packs that no owner takes responsibility for and we wind up with a problem like we had over by Erie, Illinois, or they had in St. Louis and some innocent child dies. That's what we're trying to do. We’re not trying to be specific to any dog owner that's taking a good… taking good care of their pets. I urge an 'aye' vote. Thank you."

"The question is, 'Shall House Bill 822 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flowers, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 102 voting 'yes' and 5 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Munson, you have 09500039.doc 90  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 House Bill 1235. Mr. Clerk, read the Bill. House Bill 1235."

"Representative Munson."

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Myers, you have House Bill 290. Mr. Clerk, read the Bill."

"The Gentleman from McDonough, Representative Myers."

"This is on Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 108 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Myers, you also have House Bill 291. Mr. Clerk, read the Bill."

"This Bill is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor… Excuse me, Representative Mulligan wishes to speak in response."

"He indicates he'll yield."

"Representative Myers to close."

"The question is, 'Shall House Bill 291 pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having 09500039.doc 95  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 received a Constitutional Majority, is hereby declared passed. Representative Osterman, you have House Bill 758. Out of the record. Representative Reitz, it's my understanding that you wish to move House Bill 282, back from Third to Second. So, Mr. Clerk, on House Bill 282 Representative Reitz requests that we return that to the Order of Second Reading. Representative Ryg, you have House Bill 1717. Mr. Clerk, read the Bill."

"Representative Ryg."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1717 amends the Criminal Code by enhancing protections for persons with disabilities who are severely or profoundly mentally retarded under the aggravated assault and aggravated battery statutes. Amending the statute has been supported by the CLEAR Initiative Commission and I'm open to any questions."

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Verschoore, you have House Bill 1470. Okay. Out of the record at the request of the Sponsor. Representative Wyvetter Younge on 1580. Mr. Clerk, read the Bill." 09500039.doc 96  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Representative Younge."

"And there's Floor Amendment #1. House Bill 1580 requires the Department of Human Services to come up with a plan for the treatment of substance abuse among homeless. And Amendment #1 changes the time that the department would have to prepare the report from six (6) months to eighteen (18) months."

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Currie, you have House Bill 556. Representative Currie. Mr. Clerk, read the Bill."

"Representative Currie."

"Thank you, Speaker and Members of the House. This is a measure that would fix an error in the way we drafted or the way the Department of Revenue interprets the measure that provided for refundability of the earned income tax credit. And the way that language has been interpreted, means that the only people who are eligible for the refunding part of the earned income tax credit are people 09500039.doc 97  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 who had been eligible for public assistance under the state's public welfare program. That means that many similarly situated people are treated very differently under Illinois State Law. A parent of a foster child may not be eligible if that family had never been eligible for public aid; whereas, the family that had been eligible for public aid would be. So this is an effort to correct the language so that there can be no misinterpretation of the intention that anybody in the state, any working family that is otherwise economically eligible for the refundability portion of the earned income tax credit will not be left behind."

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dugan, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Arroyo, do you wish to call House Bill 1078? No? Okay. Out of the record. We're going to go to the Order of Second Reading. And I'm going to work off of a list that indicates some priorities by the Members. So, in the case where the primary Sponsor may be off the floor, if the… if another hyphenated Sponsor wishes to handle the Bill and there's an understanding, make sure that the Chair's aware of that and we'll try to process these Bills 09500039.doc 98  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 as quickly as we can. So, Representative Mendoza, you have House Bill 1900. Do you wish this to go from Second to Third? Okay. So, Mr. Clerk, read the Bill."

"Amendment #2."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the committee… I mean of the House. This is a simple technical change. We're just naming the Bill Tina's Bill."

"Any discussion? All in favor of the Lady's Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments?"

"Third Reading. Representative Jefferson, you have House Bill 1719. Out of the record. Representative Collins on House Bill 1050. Out of the record. Representative Bill Mitchell on House Bill 306. Do you wish us to read that, Representative? 306. Mr. Clerk, read the Bill."

"Third Reading. And Representative Mitchell, do you wish us to read 1983? House Bill 19… Out of the record. Okay. Representative Colvin on House Bill 520. 09500039.doc 99  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 Do you wish us to read that Bill? No? Okay. Out of the record. Representative Dugan on… Okay. Representative Collins on House Bill 1050. Mr. Clerk, read the Bill."

"To Third Reading. Okay. Representative Dugan on House Bill 1519. Out of the record. Representative Flider on… I'm sorry. There's Representative Dugan. I didn't see her. Do you wish us to read the Bill? So, Representative Dugan, read House Bill 15… Mr. Clerk, read House Bill 1519."

"Third Reading. Representative Flider on House Bill 1514. Mr. Clerk, read the Bill."

Speaker Hannig: "Third Reading. Representative Flowers on House Bill 396. Out of the record. Representative Franks on House Bill 1551. Do you wish us to read that, Representative? Mr. Clerk, read the Bill."

Third Reading. Representative Schock on House Bill 699. Read the Bill, Mr. Clerk."

"Third Reading. Representative Stephens on House Bill 617. Out of the record. Representative Turner on House Bill 951. Read the Bill, Mr. Clerk."

"Third Reading. Representative Granberg on House Bill 1496. Out of the record. Representative Rita on 855. Do you wish us to read that? Representative Rita. Read the Bill, Mr. Clerk, House Bill 855."

Speaker Hannig: "Third Reading. And House Bill 1270, Representative Rita, 1270. Read the Bill, Mr. Clerk."

"Third Reading. Representative Smith on House Bill 1026. Read the Bill, Mr. Clerk."

"Third Reading. And Representative Smith on House Bill 1998. Mr. Clerk, read the Bill."

"Third Reading. Representative Wyvetter Younge on House Bill 1878. Do you wish us to read that on Second? Mr. Clerk, read the Bill."

Speaker Hannig: "Third Reading. Representative Moffitt on House Bill 1637. Mr. Clerk, read the Bill."

"Third Reading. And Representative Moffitt on 1638. Do you wish us to read that Bill? Mr. Clerk, read the Bill." 09500039.doc 102  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Representative Moffitt."

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

"Third Reading. Representative Bill Mitchell on House Bill 954. Mr. Clerk, read the Bill."

Speaker Hannig: "The Gentleman from Macon, Representative Mitchell." Mitchell, B.: "Thank you, Mr. Speaker. The Amendment 1 makes the Bill subject to appropriation and I move that the House adopt it." 09500039.doc 103  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

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

"Third Reading. Representative Cultra on House Bill 1116. Representative Cultra, do you wish us to read 1116? Read the Bill? Read the Bill, Mr. Clerk."

"Representative Rose, you have Amendment #2. Would you like to explain it?"

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

"Third Reading. Representative Lindner on 226. Shall we read House Bill 226? Mr. Clerk, read the Bill."

"No? Hang on. Yeah. Did you wish us to read the Bill? Representative Lindner, what's your pleasure?"

"Clerk, what is the status of the Amendments that are pending?"

Speaker Hannig: "So, you're waiting on that Amendment, Representative?"

"So, we'll just take it out of the record. Representative Brady, you have House Bill 957. Read the Bill, Mr. Clerk."

"On Floor Amendment #2, Representative Brady."

"The Gentleman moves for the adoption of Floor Amendment #2. Is there any discussion? All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments?" 09500039.doc 105  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Third Reading. Representative Brauer on House Bill 1475. Mr. Clerk, read the Bill."

Speaker Hannig: "Third Reading. Representative Coulson on House Bill 982. Mr. Clerk, read the Bill."

"Third Reading. Representative Eddy on House Bill 1784. Do you wish us to read that? Mr. Clerk, read the Bill."

"On the Amendment, Representative Eddy."

"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have 09500039.doc 106  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 it. And the Amendment is adopted. Any further Amendments?"

"Third Reading. Representative Lindner, do you wish us to call 224?"

"So is there any discussion? Okay. Mr. Clerk, read the Bill."

Speaker Hannig: "Representative Hassert. Representative Lindner on the Amendment."

Speaker Hannig: "All in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments?"

"Third Reading. Representative Munson on House Bill 3416. Representative Munson, shall we read 3416 on Second? Read the Bill, Mr. Clerk."

"Third Reading. Representative Sullivan, do you have House Bill 134? Shall we read that Bill on Second? Read the Bill, Mr. Clerk."

"Third Reading. Representative Watson on House Bill 403. Shall we read the Bill, Representative? Read the Bill, Mr. Clerk."

Speaker Hannig: "Third Reading. Representative Winters on House Bill 31. Read the Bill, Mr. Clerk, read the Bill."

"Third Reading. Mr. Clerk, what is the status of House Bill 1639? Repre… Mr. Clerk, what is the status of House Bill 1728?"

"Return that to the Order of Second Reading at the request of the Sponsor. And Mr. Clerk, what is the status of House Bill 1119?" 09500039.doc 108  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Return that to the Order of Second at the request of the Sponsor. Representative Lyons, you have House Bill 2304 on Second Reading. Out of the record. Representative Joyce on House Bill 1839. Mr. Clerk, read the Bill."

"Third Reading. Representative Hamos on House Bill 1842, from Second to Third. Mr. Clerk, read the Bill."

"Representative Hamos."

"Thank you. Ladies and Gentlemen, this is the Energy Efficient Building Code and this House Amendment 1 was actually created by the committee. It's really a Committee Amendment 1 in Energy & Environment when the committee suggested that it would be useful to restrict the application of this new Building Code just to new construction. So that's what all this Amendment does is it takes out what was referenced before is ways to use Energy Efficient Building Code for rehab. It removes that and makes it clear that this is just for new construction. And 09500039.doc 109  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 again, I thank the committee for helping to formulate this Amendment."

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

"Third Reading. Representative Osterman, you have House Bill 1797. Mr. Clerk, read the Bill."

Third Reading. Representative Eddy on House Bill 613. Read the Bill, Mr. Clerk."

"Representative Eddy on the Amendment."

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

"Third Reading. And Representative Osterman, for what reason do you rise?"

"Mr. Speaker, it was my intention to have House Bill 1797 read a second time but left on Second for purposes of an Amendment. So…"

"Okay. So, Mr…"

"…if it could be returned to Second, I'd appreciate that."

"Yes. So, Mr. Clerk, let's return House Bill 1797 to the Order of Second Reading at the request of the Sponsor. And Representative Turner, you have House Bill 1380. Mr. Clerk, read the Bill."

"Third Reading. Representative Reis, you have House Bill 3289. Mr. Clerk, read the Bill."

"Representative Reis."

"Is there any discussion? Then all in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have 09500039.doc 111  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 it. And the Amendment is adopted. Any further Amendments?"

"Third Reading. And Mr. Clerk, read House Bill 3666."

"Third Reading. Mr. Clerk, read House Bill 410."

"Third Reading. Representative Nekritz, you have House Bill 1872, that's on the Order of Third Reading. So, Mr. Clerk… Mr. Clerk, read the Bill."

"Representative Nekritz."

"Thank you, Mr. Speaker. Last year we made some changes to the Election Code with regard to the canvassing boards. As sometimes happens when we make the changes to the Election Code, we neglect to make the comparable changes in the School Code which is where their election law is located. This is cleanup language. There's no opponents and it just makes… will make the School Code 09500039.doc 112  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 election law match our Election Code. I ask for your support."

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

"Indicates she'll yield."

"Representative, I don't… I don't remember or recall that anybody signed in opposition in committee and… but that the clerks and recorders, I believe, with the… with… had signed in in support of the Bill. That is my recollection. I could be wrong. We did eighteen (18) Bills that day, so."

"I believe it was with the Amendment that the clerks and recorders came on board and I don't remember that the School Management Alliance…"

"Thank you."

"Any further discussion? The Gentleman from Cook, Representative Froehlich."

"Thank you, Mr. Speaker. Would the Sponsor yield for a question?"

"She indicates she'll yield."

"Representative, does this Bill still have something to do with name changes or was that amended out?"

"I think, no, that was the… that was part of the Amendment was to include that so that it matched the Election Board… the Election Code."

"Okay. So if somebody changes his or her name within 3 years of an election, then on the ballot it has to state ' known as'."

"'Formerly know as' correct."

"Okay. I know both of us being from Cook County we've had occasion to see judicial candidates who adopt either surnames or even middle names just before they run for judge. And so I think that's an appropriate thing to put in the law. Thanks."

"Thank you."

Speaker Hannig: "Any further discussion? Representative Nekritz to close."

"I ask for your support."

"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 09500039.doc 114  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 question, there are 109 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 1359. Representative Davis, Monique Davis. Representative Monique Davis. She's in the… she's in the rear of the chamber. Could somebody help me get her attention? Mr. Clerk, read the Bill. House Bill 1359."

"The Lady from Cook, Representative Davis." Davis, M.: "Thank you, Mr. Speaker. House Bill 1359 is a Bill that allows a person who has lost his or her job… Well, let's see. It amends the Illinois Wage Payment and Collection Act by providing that an employee may file a complaint with the department of Labor alleging violations of the Act by submitting a signed, completed wage claim application on the form provided by the department, and by submitting copies of all supporting documentation. The Bill requires that complaints be filed within (5) years after the wages final compensation or wage supplements were due. The Department of Labor must review applications to determine… So, we amended it to only (1) year. And we have the support of the labor organizations on this Bill, right. Thank you."

"On the Order of Short Debate and in response, the Gentleman from Winnebago, Representative Winters."

"Indicates she'll yield." Davis, M: "Mmm mmm" 09500039.doc 115  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

Speaker Hannig: "Is there any further discussion? Then Representative Davis to close." Davis, M.: "I would just 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? Representative Coulson and Mulligan, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 106 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Schock, for what reason do you rise?" 09500039.doc 116  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

Speaker Hannig: "Representative Feigenholtz, you have House Bill 1529. So, out of the record. Representative Hoffman has House Bill 1911. Mr. Clerk, read the Bill."

Speaker Hannig: "Gentleman… the Gentleman from Madison, Representative Hoffman."

"Yes, thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1911 is simply an initiative of the Illinois Department of Labor. The Bill's intended to make minor revisions to the cross references pertinent to Sections of the Acts concerning safety inspections and the Education Act and it's very… it's a technical in nature. I know of no opposition. This will allow us to receive… be eligiable to receive one point four million dollars ($1,400,000) in federal matching dollars. I ask for an 'aye' vote."

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all 09500039.doc 117  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 voted who wish? Have all voted who wish? Representative Rose, Reboletti, Biggins, 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 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Lindner, you have House Bill 224. Do you wish us to read that on Third? Representative Lindner. Out of the record. Representative Molaro, you have House Bill 1124. Mr. Clerk, read the Bill."

"Representative Molaro."

"All right. Thank you. This is a pretty straightforward Bill. All it does is for those of you that have ever been at VFW halls or parish halls or even in some taverns, they used to have dart games and they used to have these bowling games where you used the puck and they would have dart leagues and these bowling leagues. Well, now what a lot of it is, golf, they have golf, they have bowling and the dart games are now in video operations. So, all this does it says that if it's a game of skill, not cards, cards are completely out of this Bill, just that if it's a game of skill you can have these leagues where you can say, okay, you go for eight weeks and first prize is a hundred dollars ($100); second prize is three hundred dollars ($300). And this is a clarification that's wanted by the Department of Revenue because in most jurisdictions 09500039.doc 118  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 they treat it just like they do that, but one or two just want a clarification as to what it does."

"This is on the Order of Short Debate. But we'll put it on Standard Debate so we can have some Gentleman answer questions. Representative Winters, you're recognized for 5 minutes."

"He indicates he'll yield."

"Well, okay, yes. Some…"

"Yes, some are there. They're in VFWs; they're in American Legion Posts. Yeah, they're video games."

"Yeah, I think it's… yeah."

"What's… what's… what's the big one, Silver Tee or something like that?"

"Golden Tee, right."

"That that's a game of skill."

"Well, if you've ever played it you could see how very, very difficult it is."

"You're with me."

"Yeah, it's an intelligence, a skill. It's certainly not a game of… That is by far, nobody could ever say Trivial Pursuit is a game of chance. That's all… Obviously, the only way you could win is by your intelligence or your skill level. Can't win on luck in a Trivial Pursuit game, you got to know the answers."

"Well, there's trivial…"

"Yeah, on the ones that have the multiple choice, yes. There are Trivial Pursuit games that you know, like the hard, real hard crossword puzzles. There are Trivial Pursuit games that they don't give you a… you just have to come up with the answer."

"But yes, I guess if there's five answers you have a one in five chance of getting it right."

"That's correct."

"Right."

"Right."

"Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. I rise in support of the Gentleman's Bill. I know that some of you are immediately going to vote against this because you think it's some sort of gaming expansion. This Bill is not an expansion of gaming. Today, under the law, contests of skill are exempt from gambling. This is why we have golf tournaments in Illinois where people win large prizes. This is a game of skill, it's not gambling. The problem is that in some portions of the state there's a misinterpretation of this law and they take games, certain games that people play every day, that are machine games, trivia games, bowling games and other kinds of games, and some people are interpreting these as gambling games which prohibits people from having the kind of fun they would have by giving an award or a prize to whoever wins, just like you would give an award or a prize to someone who wins a golf tournament. All this Bill really does is define what a 'game of skill' is versus what is not a game of 09500039.doc 121  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 skill. All it does is define it in a way that's clear, that allows people that run businesses that already have these games to bring people into those businesses and maybe give them a prize for winning just like if you were lucky enough to shoot 62 four days in a row, you could win the State Farm Classic here in Springfield. So that's all this does. This does not expand gaming. You're not a gambling freak if you vote for this Bill. You can vote for this Bill. This Bill's actually good for business. Thank you, Mr. Speaker."

"Representative Durkin."

"He indicates he'll yield."

"Yes."

"No, because…"

"You know that… you know bingo's a game of chance. It would be like a bowling league. Ever join a bowling league?"

"Oh."

"Do people bowl… do people bowl anymore? There is bowling…"

"Well, yeah, I didn't wear my bowling tie today, but…"

"But when you have bowling leagues and for those of you who do know what bowling leagues are. Does anybody? All right, thank you. Geez. You know if you ever have a bowling league; there's ten leagues, you pay five bucks ($5) when you bowl; a dollar ($1) goes towards the end. They buy trophies; you win a hundred dollars ($100). That's with this same thing here. And those don't have to be licensed or any of that stuff."

"No. No."

"No."

"Any further discussion? Representative Molaro to close."

"Thank you. Lou and everybody else had it right. It's just… Unfortunately, I like regular bowling, some guys like to do it on a video game. I don't get it. And they're just as hard if not harder. And I would ask for a favorable Roll Call."

"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 62 voting 'yes' and 44 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Lyons on House Bill 2304. Do you wish us to read that on Second? Read the Bill, Mr. Clerk."

"Representative Lyons."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. The Amendment that I added to this Bill deals with some property, state property on the northwest side of Chicago. Those of you who were here last year know that I… I have the Dunning facility, the former state mental institution that was around for seventy-five (75) years. It's been parceled off over the last (20)-some years. There was an exclusive giving to a certain venture firm to 09500039.doc 124  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 try to develop some light industry on part of it which is the guts of what's being removed from the existing statutes so there is no exclusive rights to develop to this developer. And it does give the option to the City of Chicago and the Chicago Park District to purchase this on a quick claim and have the property developed, hopefully into some type of a agricultural school similar to what's done on the south side of Chicago, an agricultural earth science school and possibly a park district commu… park district parcel of properties. I'd appreciate your support."

Speaker Hannig: "All in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments?"

"Third Reading. Representative Hoffman, you have House Bill 1915. Mr. Clerk, read the Bill."

"Third Reading. Mr. Clerk, read House Bill 1930."

"Third Reading. Mr. Clerk, read House Bill 2133." 09500039.doc 125  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07

"Representative Hoffman on Floor Amendment #2."

"Yes. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2133, Floor Amendment #2 simply ensures that the St. Clair County Transit with regard to safety programs and the Bi-State Development Agency is in compliance with the Federal Laws."

Speaker Hannig: "All in favor of the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. Any further Amendments? "

"Third Reading… and return to the Order of Third Reading for one additional Bill. Mr. Clerk, read House Bill 1529."

"Representative Feigenholtz."

"Thank you very much, Mr. Speaker. House Bill 1529, as amended, requires Cook County… the Cook County Treasurer and no other unit of local government to accept credit cards for property tax payments that are made on time. I would be glad to answer any questions."

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. 09500039.doc 126  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 39th Legislative Day 04/20/07 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 Coulson and Mulligan, do you wish to be recorded? Okay. Mr. Clerk, take the record. On this question, there are 107 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 873."

Speaker Hannig: "Third Reading. Mr. Clerk, read the Adjournment Resolution. House Joint Resolution 50.

"Representative Currie moves that the adoption of the Agree… of the Adjournment Resolution. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. And the Adjournment Resolution is adopted. Mr. Clerk, 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 Kosel, for what reason do you rise?"

"Are there any announcements? There are no announcements. Then Representative Currie moves that the House stands adjourned until Tuesday, April 24th at the hour of 12:00 noon. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Motion is adopted and the House stands adjourned."