Illinois House Floor Debate — April 26, 2007

"The House will come to order. Members should be at their desks. Members and guests are asked to please refrain from starting their laptops and turn off all cell phones, pagers, BlackBerrys and rise for the invocation and Pledge of Allegiance. We’ll be led today in prayer by the Reverend Joe Meyer who is the Pastor of the First Assembly of God in Marengo, Illinois. Pastor Meyer is the guest of Representative Jack Franks."

Speaker Lyons: "We’ll be led today in the Pledge by Representative Sandy Cole."

"Roll Call for Attendance. Representative Bost." Bost: Thank you, Mr. Speaker. Let the record reflect that Representative Renée Kosel is excused today."

"Leader Currie."

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

"116 Members voting 'present,' the quorum is present, and we will go about the state’s business of the Illinois House of Legis... Representatives. Mr. Clerk, Committee Reports."

"The Chair recognizes Representative Rose. For what reason do you rise?"

"Mr. Clerk, Resolution 289."

"Representative Chapin Rose."

"The Chair recognizes the Gentleman from Cook, Representative Kevin McCarthy."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I do want to stand and with great pride to join Representative Rose in saluting President Hencken for his fine service to our state. Many of us have children from our area who attend Eastern Illinois University and the last couple of years working directly with President Hencken as the chairman of Higher Education. I just want to thank him for his fine service for welcoming our students down to Eastern and for taking such wonderful care of them. We are sorry to lose you, but we know you’ll be around there to 09500043.doc 7  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 help us if any problem does come up and hopefully you’ll be there to help mentor the successor as president of EIU. But congratulations on a great career and stick around 'cause we need… still need some assistance in the future."

"Representative Bob Flider."

"Thank you, Mr. Speaker. I stand with great pride to talk about my experiences at Eastern and the leadership of Mr. Lou Hencken who is retiring. And my career at Eastern, I’m going to date myself here, but began in 1975 and that was the year Lou began in 1975. And last year I had a daughter who graduated from Eastern and the one thing that’s synonymous with Eastern during the time frame that I’m aware of… Eastern and the excellent service that that institution’s provided is… is Lou Hencken and Lou has been a common thread in the success of Eastern throughout… for many, many years. He himself is an institution and Lou I just want to congratulate you and very proud to say that I know you for your career and when they made you president, you know, I, boy, I, you know, just… just heartily congratulated that moment because you really deserved it. You gave your career to Eastern; you gave your best to that institution. I think Eastern is much better for your years of service. So, thank you, once again and oh, by the way, my youngest daughter appears to be headed to Eastern next year as well. So, Lou, thanks to you, you know, you’ve given everybody, you know, really a sense of pride at that institution and because of you it’s going to continue. Thank you." 09500043.doc 8  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

Speaker Lyons: "The Gentleman from Crawford, Representative Roger Eddy."

"The Gentleman from Cook, Representative David Miller."

"Thank you, Mr. Speaker. I just want to join in, in a chorus of congratulation… congratulating Lou Hencken as he moves on with his career. I first heard about Eastern Illinois growing up where the state championship for track and field would occur and it’s sort of come to me as full circle finally meeting the president of the university and interacting with him in the Appropriation of Higher Education Committee. President Hencken has been extremely responsive to the needs of the Committee Members, I think all would agree, but just to the General Assembly and most importantly to students and the parents of a fine institution. He has prepared the institution for the 21st century and those challenges that are faced ahead not just at his school, Eastern Illinois, but in higher education 09500043.doc 9  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 altogether and in the state. I just want to add my congratulations and best wishes to you, President."

"Representative Kevin Joyce."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I, too, feel compelled to stand and recognize President Lou Hencken, but I do have a number of constituents that attend Eastern Illinois and I can tell you that what amazes me about Lou is anytime someone came down for a orientation or an open house and went on a tour, I can tell you that on more than a dozen occasions someone from my district has said, ‘Yeah and the president of the university joined me on the tour’, and that’s what’s so impressive. The office, he took seriously, but never himself, and I think that today we congratulate him, but we also suffer a great loss. And Lou, the best of luck in… in your future endeavors and please stay engaged."

"The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. I also want to rise in support of the Gentleman’s Resolution and also to extend my congratulations to President Hencken for a very long career and the time that he served as president of the university. Certainly, I think one of the greatest things that he ever did was to hire his Director of Admissions, Miss Brenda Major, who is a young lady who I’ve know over the years and she actually recruited me out of high school to attend Southern Illinois University, and her career has now led her to be the Director of Admissions at Eastern Illinois University. And I've had the pleasure over the last two (2) 09500043.doc 10  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 years of traveling down to the university and being a speaker at a program in which they brought down prospective students or those students who have been admitted to the university hoping to convince them to start their collegiate careers at Eastern Illinois University. And those are the types of things that our institutions needs to be doing, these programs were for minority students to bring them down, to encourage them and to say, hey, if you come here, this is the type of education that you’ll get. And to be allowed to be able to do that, the Admissions Department to be able to do that, is a true sign of… of leadership which begins in the president’s office. So Lou, we’ll miss you. Good luck to you in the rest of your career and everything that you’re going to be doing. And hopefully, you’ll still be engaged in the broader higher education debate here in the State of Illinois. So thank you very much and God bless you."

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

"Representative Chapin Rose."

"Clerk, House Bill 1847. Representative Phelps. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Chair recognizes the Gentleman… Representative Phelps, there's an Amendment on this Bill you need to put on. Do you need to put it back to the Second Reading?"

"Yes. I'd like to adopt the Amendment, Mr. Speaker."

"We need to roll it back to the Second… roll that Bill back to the Second Reading, Mr. Clerk."

"Representative Phelps." 09500043.doc 12  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Thank you, Mr. Speaker, Ladies and Gentlemen of the General Assembly. All this Amendment does is it’s cleanup language from the State Board of Education. And ask for its adoption."

"Anyone seeking any recognition? Seeing none, the question is, ‘Should the Amendment be adopted?’ All those in figufy… signify by saying ’aye’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. The Resolution is adopted. Mr. Clerk, anything further? Is it… The Amendment is adopted. Mr. Clerk, anything further?"

"Third Reading. The Clerk… Representative Molaro has House Bill 1319. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Cook, Representative Bob Molaro."

"Thank you, Mr. Speaker. They're a pretty straightforward Bill in Illinois when you have a contract for residential. The seller provides title insurance for the buyer and the buyer provides title insurance for the mortgage broker or their bank. All this codifies… this codifies existing tradition that we have in Illinois that the person who pays for it, in this case, the seller, gets to choose and the buyer who pays for their mortgage company gets to choose. And this is a stop where they might in other states, there is bundling where, as to provide the loan, the lender may say you have to use our title insurance or you must use this and it interferes with contracts. All 09500043.doc 13  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 the title companies are for this, real estate industry’s for this, and there is now no known opposition. And we’d ask for your ‘aye’ vote."

"Any discussion? Seeing none, the question is, ‘Should House Bill 1319 pass?’ All those in favor should signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Sara Feigenholtz. Mr. Clerk, take the record. On this Bill, there are 118… 116 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Poe has House Bill 3218. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Chair recognizes the Gentleman from Sangamon, Representative Poe."

"Any discussion? Seeing none, the question is, ‘Should House Bill 3218 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 116 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Ramey has 09500043.doc 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 House Bill 472. Representative Ramey. Representative Ramey, ready to go? Read the Bill, Mr… House Bill 472. Read the Bill, Mr. Clerk."

"Representative Ramey."

"Any discussion? Seeing none, the question is, ‘Should House Bill 472 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Berrios. Mr. Clerk, take the record. On this Bill, there are 114 Members voting ‘yes’, 2 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Verschoore has House Bill 1470. Read the Bill, Mr. Clerk."

"Mr. Clerk, take that Bill out of the record. Mr. Clerk, Representative Washington has House Bill 656. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Lake, Representative Ed Washington."

"Thank you, Mr. Speaker. Mr. Speaker, this is a very, very, simple, friendly consumer Bill, and what it does it says that if a person is driving and has a visible small violation, equipment violation, of their vehicle, such as a broken out taillight or maybe the headlight has went out or some small infraction that they’re stopped for that if they, once they get cited for that, that if they show within thirty (30) days or a reasonable amount of enough time, that they will take care of that violation, it would not become a part of their record and they will not be charged based on the fact that they took care of that situation before it became a bigger problem. And I ask for favorable support on that Bill. And this is… Oh, I’m sorry. This is a Bill that myself and my colleague on the other side of the aisle put together, Chapin Rose."

Speaker Lyons: "Any discussion? The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose."

Speaker Lyons: "Representative Washington to close. The question is…"

"Yes, Sir, I do close."

"…quiet… No, to close." 09500043.doc 16  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"I would ask for a favorable vote. Thank you, Mr. Speaker."

"The question is, ‘Should House Bill 656 pass?’ All those in favor signify by saying ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, 116 Members are voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Reis has House Bill 3666. Read the Bill, Mr. Clerk."

"Representative Reis."

"Any discussion? Seeing none, the question is, ‘Should House Bill 3666 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Bost? Mike Bost? Mr. Clerk, take the record. On this Bill, there are 116 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared 09500043.doc 17  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 passed. Mr. Clerk, Representative Chapin Rose has House Bill 2036. Read the Bill, Mr. Clerk."

"The Gentleman from Champaign, Chapin Rose."

"Any discussion? Seeing none, the question is, ‘Should House Bill 2036 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ’no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, 114 Members vote ‘yes’, 2 vote ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Sacia has House Bill 1406. Read the Bill, Mr. Clerk."

"Chair recognizes the Gentleman from Winnebago, Representative Jim Sacia."

Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."

"He indicates he will."

Speaker Lyons: "Now that you have everyone’s undivided attention, Representative Sacia to close."

"The question is, ‘Should House Bill 1406 pass?’ All those in favor signify by saying ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Hassert. Representative Hassert. Representative Hassert, want to be recorded on this? Mr. Clerk, take the record. On this Bill, there are 116 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. 09500043.doc 20  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Clerk, Representative Yarbrough has House Bill 315. Read the Bill, Mr. Clerk."

"Mr. Clerk, take that Bill out of the record on request of the Sponsor. Mr. Clerk, Representative Wyvetter Younge has House Bill 1878. Read the Bill, Mr. Clerk."

"The Chair to recognize the Lady from St. Clair, Representative Wyvetter Younge."

"Thank you, Mr. Speaker and Members of the House. House Bill 1878 creates the… a Bill of Rights for the homeless and guarantees homeless persons’ rights in certain particular areas. It guarantees that the right to live in any community in Illinois that a person can afford to live, to choose a type of living arrangements that meets local regulations without harassment. The right to employment and training opportunities that match a person's interests and abilities; the right to the emergency medical health services in any health care facility doing business in Illinois; the right to manage one's own finances regardless of living arrangements; the right not to be coerced in reference to taking medicine; the right to receive and sign any check, voucher or warrant issued in the person's name before it goes to a landlord; the right to vote cannot be denied based on a person's residence; the right to receive public services and accommodations that are offered and made available to any other person; the right to confidentiality 09500043.doc 21  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 of records. The Department Human Rights is given the responsibility of enforcing these rights and the Department of Commerce and Economic Opportunity establishes eligibility under this Bill for housing assistance. Proponents of this Bill are the National Alliance of Mentally Ill in Illinois and the National Community Mental Health Council."

"The Chair recognizes the Gentleman from Cook, Representative Durkin."

"State your inquiry, Representative."

"We’ll find out that for you, Representative Durkin, and proceed with your questions."

"I don’t think so. I think that this is a Bill of Rights, privileges for the homeless and I don’t think it would preempt local ordinances."

"Well, I think the purpose of this Bill of Rights is to see that the homeless are treated fairly. And each case has to be taken and decided. But this sets the standard for fair treatment for these human beings, who are left…"

"Representative Durkin, the parliamentarian will address your concern."

"Representative Durkin."

Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Graham."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I stand in full support of the Lady's Bill. I believe that her intentions are for the rest of this state to recognize that homeless people are being asked out of various places because they’re homeless. They’re not being provided the services that they need because they’re homeless. Some of the housing opportunities in places that they can go into to apply for housing… they’re not given the proper recognition because they’re… because of their appearance and those other things. The legislation states, that it says, 'to live in a community in Illinois that a person can afford to live in, to choose the type of living arrangements that meets local regulations without harassment or interference.' So she’s not saying that just excuse them because they’re homeless and they’re sleeping on park benches. There are some homeless people who are on a fixed income and use shelter facilities as their mailing addresses. But they feel because they’re not being treated friendly they don’t go and seek the services that they can seek at these various agencies, because people feel they smell or whatever the situation is. They would rather deal with them on another occasion. So I would, I stand in full 09500043.doc 25  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 support of the Lady's Bill. She's not giving them a pass, she's saying that they shouldn’t be discriminated on because they’re homeless, simply. Thank you."

"The Chair recognizes Representative Washington. Representative Washington, seeking recognition on this Bill? We've had two (2) people speak in favor of the Bill. You'll be a third that's in favor of the Bill?"

"Yes."

"Okay."

"Yes, thank you… thank you, Mr. Chairman. To the… will the Sponsor yield?"

"Indicates she will."

"Ms. Younge, can you… can you tell me, what was the premise of you putting together this particular legislation?"

"Homeless people are treated poorly in Illinois and I think it is important for the General Assembly to set a standard of conduct for our society. And so a Bill of Rights for the homeless is… has been developed to meet those goals."

"Yes, Ma'am. Okay. To the Bill. Mr. Speaker, I concur with the intention of the Sponsor. And I just want to say that if people who live in Illinois, whether they legal or illegal, if they cannot come to this Body for a just playing field then I think that says a lot about what we do here. And to a lot of degree this is the last vestige of hope… where people hope that there is enough people from different backgrounds here to know what it is meant by when it is says, 'the poor will always be with us.' But if 09500043.doc 26  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 you’ve not done it unto the least of these, I think you know the rest of the story. But I’m saying that this restored the integrity of people who have fallen upon hard times and give them a free choices based on what they can afford, without going into communities where they’re being maligned or harassed. Because I know it’s a problem, epidemic in some parts of the State of Illinois, when it comes to housing. Some communities feel their community just too good to house certain income level. And I urge an 'aye' support for this Bill."

"We’ve had three (3) people speak in favor of the Bill, and one (1) person with questions. Representative Jefferson, we’ve already had three (3) speakers speak in favor of the… of the… of the Bill. Do you have a question? We’ve had the three (3) speakers on Standard Debate, so thank you. Representative Wyvetter Younge to close."

"I ask for your support for the homeless."

"The question is, ‘Should House Bill 1878 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Winters? David? Representative Dave Winters, you want to be recorded on this Bill? Mr. Clerk, take the record. On this Bill, there are 77 Members voting ‘yes’, 38 voting ‘no’, 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Schock has House Bill 699. Read the Bill, Mr. Clerk." 09500043.doc 27  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

Speaker Lyons: "Gentleman from Peoria, Representative Aaron Schock."

"Anyone seeking recognition? Seeing none, the question is, 'Should House Bill 699 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Keith Sommer? Mr. Clerk, take the record. On this Bill, there are 104 Members voting 'yes', 12 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Yarbrough, for what purpose do you seek recognition?"

"Point of personal privilege, Mr. Speaker."

"Please proceed, Representative."

"Visiting with us today, the chairman of the Illinois Black Chamber of Commerce, Larry Ivy (sic-Ivory) and his contingency. Please give them a warm, Springfield welcome."

Speaker Lyons: "Welcome to Springfield. Enjoy your day. Representative Washington, for what purpose do you seek recognition?" 09500043.doc 28  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Yes, personal privilege."

"Please proceed, Representative."

"Mr. Speaker, also in the chambers, from the Lake County area, is the first head of the first Black Chamber of Commerce in Lake County, Arthur Gass. Would you join me in giving him applause and welcoming him to the chambers. Thank you."

"Welcome to Springfield. Enjoy your day. Mr. Clerk, Representative Sommer has House Bill 1875. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Chair recognizes the Gentleman from Tazewell, Representative Keith Sommer."

"Any discussion? Seeing none, the question is, 'Should House Bill 1875 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunn? Mr. Clerk, take the record. On this Bill, there are 116 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Will Davis has House Bill 2307. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. Ladies and Gentlemen, House Bill 2307 is a TIF extension Bill for the Village of Riverdale to extend their current TIF an additional twelve (12) years. We have letters of support from all the interested parties. And I ask for your support."

"Are there any questions? Seeing none, the question is, 'Should House Bill 2307 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 114 Members voting 'yes', 2 Members voting 'no'. This Bill, having received the 09500043.doc 30  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Constitutional Majority, is hereby declared passed. Mr. Clerk, House Bill 2315. Representative John Bradley. Take that Bill out of the record. Mr. Clerk, Representative Rich Bradley has House Bill 1231. Read the Bill, Mr. Clerk."

Speaker Lyons: "Chair recognizes the Gentleman from Cook, Representative Rich Bradley." Bradley, R.: "Thank you, Mr. Speaker and Members of the House. On 1231, Representative Molaro has worked extensively on the issue. He's had similar Bills in the past, and he will do the honors of the presentation of 1231."

"Representative Molaro."

"Thank you, Mr. Speaker. Hopefully, if there's questions we can answer them. I want to make sure that, you know, when it comes to pensions, there's always confusion. I just want to make sure that everybody understands. This Bill is straightforward. There's been a similar Bill that we've passed every two (2) to three (3) years. We've passed about four (4) of these, this will be the fifth. And very simply, here's what it does. In the Teachers' Retirement System of Illinois, which is the downstate teachers, we have a TRIP Program and the TRIP Program pays for retirees' health insurance. In Chicago there is no TRIP Program, and what they do in Chicago is… they have their eight or nine billion (8,000,000,000 or 9,000,000,000), whatever it may be, and they come up every two (2) or three (3) years and they say, 'We could spend up to thirty million (30,000,000), 09500043.doc 31  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 forty-five million (45,000,000), sixty-five million (65,000,000) of our own money for retirees' health insurance.' So, basically, what it does, if the health insurance for all their retirees is, say, ninety million (90,000,000), and by law right now we can only pay up to sixty-five million (65,000,000), then the Pension Fund pays 60 percent, the retirees pay 40 percent. As the cost of health insurance goes up, each and every time that happens, they come down here and ask for permission to spend more of their own money, not state money, not city money, not employer money, their own money in the fund. So this way, it doesn't go where the retirees go from 40 percent to 60 percent and they would not have health insurance. So, this is no state money, no city money, nobody's money but the retirees themselves and it gives them permission to spend ten million (10,000,000) more for their health insurance. That's all the Bill does."

Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"He indicates he will."

"Representative Molaro, response."

"Thank you… thank you for that question 'cause it's got to be asked and it's got to be answered. I'm going to try to make this as clear as I can 'cause it's a difficult 09500043.doc 32  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 question. In… for state employees, Roger, for state employees, the employer pays for the health insurance of retirees. So, when me and you retire, the state pays for it, not the pension system. Okay? For retired teachers, downstate teachers, Rog, the Pension Fund pays nothing. It's paid through the TRIP Program. Okay? The way the Chicago Teachers' Retirement System set this up years and years ago, and you know how difficult that is to change it the Board of Education, the employer, pays nothing for the retirees' health insurance just like the school boards pay nothing for the school retirement. So here's what they did. Here's what they agreed to years and years ago. They agreed to that a percentage would be paid for by the Pension Fund, and a percentage be paid for by the retirees. Their… their actuaries came up and said when you talk about a percentage, we don't know what that means and it could become a constitutional guarantee. So, what they said was the best thing to do was say give a dollar amount that the Pension Fund will pay. So, the dollar amount thirty (30) years ago, twenty (20) years ago, was like ten million (10,000,000). And the retirees then, would pay three (3,000,000) or four million (4,000,000), whatever the difference is. Well, as years go by, they have come down here and said ten million (10,000,000) went to twenty (20,000,000), thirty-five (35,000,000), forty (40,000,000), now they're up to sixty- five million (65,000,000) and the retirees pay about twenty million (20,000,000) total. And it works out to about a 70/30 blend, Roger. Right? So, now all this Bill does is that if we don't give them permission, Roger, it's at sixty- 09500043.doc 33  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 five (65,000,000), if we don't give them permission to go to seventy-five (75,000,000), right? And we don't pass this Bill, then it's going to wind up being a 50/50 blend and the retirees will have to pay almost double what they're paying now."

"None. None. They have ten billion dollars ($10,000,000,000) now that sits in the fund. Sixty-five million (65,000,000) of that ten billion (10,000,000,000) this year, will go towards health insurance. If we pass this bill, seventy-five million (75,000,000) of their ten billion (10,000,000,000) will go towards health insurance. An additional ten million (10,000,000) of the fund that's already there, that's already exists, will go to health insurance."

"Okay. Over the years… of the ten billion dollars ($10,000,000,000) right, nine billion nine hundred and ninety-seven million (9,997,000,000) came from the taxpayers of Chicago, the school teachers of Chicago, the Board of Education. Right? Over the years… all right… when we would give about a billion dollars ($1,000,000,000) to TRS, for about five (5), or seven (7), or eight (8) years, the State of Illinois gave anywhere from ten million (10,000,000) to eighty million (80,000,000) to the Teachers' Retirement System of the City of Chicago. And that's an appropriation that is made in the budget each and every year. There is no 09500043.doc 34  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 mandate to give anything. It has always been a goal. Last year, as a matter of fact, they gave nothing. They gave it to the school board and the school board gave money. So the point is this year, whether we pass this or not, Roger, whether we do anything, has nothing whatsoever to do with whatever appropriation we give when the five (5) Leaders meet."

"You mean… you're talking about from the City of Chicago tax levy?"

"Well, the City of Chicago, still, if you'll look at your tax bill, it still appears there somewhere. What they did was, when it was 95 percent, 98 percent funded, what they basically did is they'd say let's still collect the tax, but if we're above 90 percent, the school board would use that money, that would normally go to the… Board of Ed… would go to the Pension Fund and the school board used it for…"

Representative Eddy, your time has expired. If you could conclude your remarks in the next 1 minute or so, we'd appreciate it." Eddy: Thank you very much, Mr. Speaker. Representative, this is obviously a complicated issue and it's a difficult one for a lot of Members to understand because it involves supporting retired teachers with health insurance benefits in a manner 09500043.doc 35  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 that is kind of unique to the system that exists in the City of Chicago. And it's been affected over the years by a number of things that have happened. One of the things that happened was, there used to be a dedicated levy for the purpose of retirement that has… that was eliminated. And I talked to my friends that are associated with the Chicago Teachers Union and they're concerned… they said if that levy wouldn't have ever been taken away, this type of situation wouldn't have been necessary. Now, I know it's very, very difficult and somewhat complicated and I'm going to listen to the rest of the debate on this and hopefully some additional questions will come, but it concerns me that we're looking at this as a piecemeal, or one part, when we're talking about pension issues that are going to be coming down later. And I know that we've tried to hold all those things off and it kind of concerns me we're doing it all at once but I'll listen to the rest of the debate on this issue."

"Representative Molaro to close."

"Well, thank you. This is… you know, this spending that we're talking about, I'll be as clear as I can, has nothing to do with state money, county money, it's their own money. They have ten billion ($10,000,000,000) there. They're asking if they can use ten million ($10,000,000) of their ten billion ($10,000,000,000) so the retirees won't lose their health insurance, won't decide, hey, if I go from three hundred (300) to six hundred (600) I can't afford it and give up their prescription, gives up their drug coverage. It just doesn't make sense. And I just have to 09500043.doc 36  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 say for a third time, Mr. Speaker, no state money, no taxpayer money, no employer money, whatsoever. This is all done in-house and all it lets us do is go from them spending an additional ten million ($10,000,000) of ten billion dollars ($10,000,000,000). We have passed this type of legislation five (5) times in the past. We could wait 'til the end but then we'd have retirees all over this state, and by the way, most retired teachers don't live in Chicago, they actually live in most suburban districts. They would be losing sleep overnight, canceling their insurance; it just wouldn't be the right thing to do. And we ask for, myself and Representative Bradley, ask for an 'aye' vote."

"The question is, 'Should House Bill 1231 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Eddy. Take the record. On this Bill, there are 63 Members voting 'yes', 52 Members voting 'no', 1 person voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Susana Mendoza. For what purpose do you seek recognition?"

"Thank you, Mr. Speaker. I had been listed as voting 'no' on the prior speaker's Bill and I wanted to be listed as voting 'yes', please."

"The Journal will so report, Representative. Mr. Clerk, Representative Chapa LaVia has House Bill 2179. Read the Bill, Mr. Clerk." 09500043.doc 37  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

Speaker Lyons: "The Chair recognizes the Lady from Kane, Representative Linda Chapa LaVia."

"…the Amendment. Thank you, Speaker and Members of the House. The Department of Veterans' Affairs, what we're going to do is amend the Act by requiring the department to conduct a new program aimed to identify treating and preventing suicide among Illinois veterans due to post- traumatic stress. We've been in discussion with the department. We have a meeting on May the 3 or 4, to work out some negotiations how we're going to unfold this. The current law, right now, is veterans who are honorably discharged from the military have the ability to visit a medical facility of the United States Veterans' Health Administration in most major urban centers, but there are doctors at local hospitals and clinics who work through the VHA that can treat veterans to give them needed medical treatment for major surgery or operations. The veterans must travel to one of the medical facilities of the VHA that are spread throughout the state. Some veterans, if applicable, also receive medical assistance from Medicaid. Also, the Illinois Department of Health Care and Family Services currently administer the veterans care program. The program serves veterans ages nineteen (19) to sixty-four (64) with no health insurance for at least six (6) months, who are eligible for your VA health care. Income limits apply, would vary county to county, and income limits vary widely by county but are generally around 400 percent FPL 09500043.doc 38  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 annual for an individual. The program that we're trying to unfold is… what we're finding, especially with returning veterans in the National Guard and Reserve, is that we're finding a higher rate of attempts of suicide and of suicide happening because we're not getting to these individuals quick enough to help them for whatever reason. And we're going to be doing a task force coming up for next year that Repre… I mean, Senator Demuzio is sponsoring in the House, one of the Bills that came out of here… I mean, the Senate… one of the Bills that came out of here, to see all the programs that we are lacking. But this definitely will fill a void and I'm excited about this piece of legislation and I'll take any questions."

Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan."

"She indicates she will."

"It's not subject to appropriation 'cause we're going to be working with the Director of Veterans' Affairs, Director Tammy Duckworth. Because of the Bill that we put in place and the one that you added in the more structured outline of where the money can go from the scratch-off ticket. A portion of this could be covered under the post- traumatic stress element of how money can be awarded. However, the meeting that we're having is… we're going to see how detailed we want to put together a program 'cause 09500043.doc 39  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 currently right now, the way I have it is, that we would… within 72 hours of deployment, that we would give the serviceman or woman the outline on what to look for, just in case she has post-traumatic stress, and things of that nature. But we haven't come to where what it's going to look like on paper. So, it could be a very expensive program or it could be very inexpensive and serve the purpose of actually educating our servicemen and women on what to look for."

"Well, what it is… it creates and administers a suicide prevention program for veterans. And we're saying, within this Bill, it has to be operational within a hundred (100) days after the effective date of this Bill. But the program itself is educational and awareness programs for veterans, their families, health care and mental health professionals, and the public; focusing and recognizing the signs, symptoms, and behavior patterns of those at risk of committing suicide, or suffering from post-traumatic stress disorder."

"Well… Okay. Well, as it is, it will also… it'll provide psychiatrists, psychology, and other appropriate mental health care services to veterans at risk. Referral services to appropriate mental health care services and in cases of post-traumatic stress disorder, and any other services the director deems appropriate for addressing and reducing suicide and post-traumatic distress order. So, there will be a program in there where we do send referrals so the individual can get the services."

"I agree with your comments there and…"

"Right. And these are some of the issues that we'll be talking about in the meeting and I would love, especially with your expertise as far as your appropriation background, if you would like to be a part of those discussions. I don't know if you were asked to, I thought that we had asked if you'd be there, but the… first off, the director would be in charge of how this comes out. The Department of Veterans' Affairs would disseminate the information regarding the suicide prevention programs established to the redeployed members of the Illinois National Guard within…"

"I think the commitment is there to get it done. And I also think…"

"Representative Mulligan, your time has expired so she'll finish answering the question and…"

"Thank you. I think the commitment is there from this new director and us as a Body, the Veterans' Affairs Committee, of making sure this gets done. But into what this turns into, how elaborate we make it, how much money we 09500043.doc 42  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 need to spend on it, is still negotiable. And I would love to have you at the table next week; I'll make sure you get the information, but something will be done. Like I said, whether it's an information briefing which I have attended throughout this state, when the family members are told about what to expect when your family member comes back and all the things that look like post-traumatic stress because there's not one, and you know this, it's not one key factor to set off somebody to suicide that has post-traumatic stress. It comes in all different forms and it can come at any different year in their life. But we're definitely getting the information to the families on what to look for and suspect that this might happen to that member of their family. So, we don't know how it's going to… what we’d like it… that it would be the Cadillac, but if we have to have a small car just to get the word out, it still does an effective job. So, I thank you for your questioning."

"Thank you."

"The Chair recognizes the Gentleman from DeKalb, Representative Bob Pritchard."

"Representative Pritchard for a point of personal privilege. Go ahead, Representative."

"The record will so… the Journal will so reflect. The Chair recognizes the Gentleman from Cook, Representative Al Riley. Representative Riley."

"Will the speaker (sic-Sponsor) please yield?"

"She indicates she will."

"Representative, I just have a few questions of clarification. This is a Bill regarding all veterans regardless of when they were released from active duty or…"

"Well… what…"

"…current."

"…it does… when they're redeployed the members of the National Guard within 72 hours of their deployment will receive some kind of informational, either a pamphlet or be lectured by somebody on things that they need to watch for, just in case they feel a certain way, or they would start becoming depressed and what have you. As I was discussing with the last speaker, and if you'd like to be involved also, because I know you are a veteran and you're very much in tune with what's going on right now in this country and how many things are happening with post-traumatic stress. And one-third of everybody coming back has it. That it can develop into an amazing program, which will be very costly, or it could be something very simple but still get across what we need to do in combination with vet care, if the soldier doesn't have the ability to collect. But under these premises, it's just for National Guard and Reserve at this point. It hasn't been expanded by that because what we're figuring as a state, that's what we can control. We can't control those on active service duty in the United 09500043.doc 44  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 States services. We can only control what we can control here and that's National Guard and Reserve."

"Well, another question. I know back during the Vietnam era, although some people might say that it wasn't enough, but certainly, before release there was counseling. You know, provided by the active service before you were released, you know, back on the block as they used to euphemistically say. You've been on active duty certainly, you know, much more current than I have, is there still that kind of counseling that goes on before soldiers are released back to their units?"

"If they're active duty, yes. And they go back, the go… they get detoxed, if you will. They go from soldier to civilian, and you know, the things that our soldiers see, no one should see. But they see it and they're not… some don't have the mental capacity to control that or when something might trigger them being at that scene again throughout. But… So, at the federal level, yes, there are programs. But here in the state level, and that's part of our task force and what we're going to be reviewing of where our gaps are and what we're not providing to our soldiers in this state that are National Guards men and women and Reservists, is that sometime when the Federal Government's done with our Reservists and National Guard, they throw 'em back to their base here in Illinois for a weekend and then send 'em back home."

"Right."

"After they've seen the worst, horrendous things a human being should see, and expect them to be okay. There's 09500043.doc 45  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 quite a few documented cases that show where we lose maybe two (2) members to a battalion over there and they come back and we lose six (6), seven (7), eight (8). 'cause the people aren't handling the pressures. And, you should know, and you do know this 'cause you were in a theatre, is that people look at you differently, they act differently towards you. You don't know how to act yourself because you're a different person in whatever that means. So, I see it as a huge …huge gap of services that we're not providing to our National Guard and Reservists. And it's just going to cost a lot of money down the line of helping the families that are broken because we're not fixing it on the front end which would be some information that we can give them on what to look for, and the families, when they come back, that we take 'em through psychological detox from a soldier to civilian so they can survive. And there's no, you know, there's no suicide attempts, there's no alcohol abuse, drug abuse, there's no killing, there's no homelessness that we all could also control if we had these programs. So, I'm pretty excited about it."

"Thank you."

"Mr. Speaker, to the Bill."

"To the Bill."

"I think this is a good Bill. I also think that Representative Chapa LaVia is addressing, unfortunately, some problems that I think should be addressed by active duty… by the active duty components of the Department of the Army or wherever else these soldiers are a part of, the 09500043.doc 46  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 National Guard or Reserve. And I think this is a good Bill and I think it really deals with some of the psychological issues that people are faced with. I mean, after all, you can be in an active duty theatre one day and within two (2) or three (3) weeks, you know, be back home and that's a heck of transition to make. So, I think this is a good Bill and I stand in support of it."

"Representative Chapa LaVia to close."

"I would like to go through a couple of stats, just so it gets really embedded in our General Assembly here about post-traumatic stress syndrome. Facts are, according to a 2005 VA study of one hundred and sixty-eight thousand, five hundred twenty-eight (168,528) Iraqi Veterans, 20 percent were diagnosed with psychological disorders, including one thousand, six hundred forty-one (1,641) with post-traumatic stress. In a VA study in 2006, almost twelve thousand, five hundred (12,500) of nearly two hundred and forty-five thousand (245,000) veterans visited VA counseling centers for readjustment problems and symptoms of post- traumatic stress. I can go on and on about the statistics that are happening to our veterans and our servicemen and women of the state, but we really need to take care of this problem. We already are ten (10) years behind the eightball on what we need to provide them once they get back into our community and especially our National Guard and our Reserves. And I would appreciate to be honored if everybody in the House would like to be added as a cosponsor. Thank you." 09500043.doc 47  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"The question is, 'Should House Bill 2179 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Rich Bradley? Representative Bradley, to be recorded? Mr. Clerk, take the record. On this Bill, there's 116 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Durkin, for what purpose do you seek recognition?"

"The Journal will so reflect, Representative. Clerk, we have House Bill 3091, Representative Jim Meyer. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from DuPage, Representative Jim Meyer."

"Any discussion? Seeing none, the question is, 'Should House Bill 3091 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Burke, Ford, Will Davis, Representative Golar? Mr. Clerk… Representative Golar. …take the record. On this Bill, there are 81 Members voting 'yes', 35 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Is Representative John Bradley in the 09500043.doc 49  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 chamber? Mr. Clerk, Representative Colvin has House Bill 1662. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Cook, Representative Marlow Colvin."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I have for your consideration House Bill 1662. House Bill 1662 has a very simple premise with a very powerful purpose. The Bill simply would convene a task force for the purpose of reviewing and making recommendations about children's savings account programs and options to create a strategic implementation plan to create a savings account at the birth for every child in Illinois. It is a task force to convene bankers, business people, community activists, educators, and of course, government professionals to come together and discuss the feasibility of doing as such. And one of the primary reasons for doing so is that the national personal savings rate in the United States of America for the second year in a row remains below zero in terms of American saving, which means we have a negative savings ratio with respect to our earnings. The last time it was two (2) years in a row was during the Great Depression. A lot of the reasons we see so many people not saving, not banking, is a result of a lot of financial unsophistication with respect to financial literacy issues. It's imperative that we start at the beginning, at the beginning of life, if you will, dealing with the issue of helping children understand the value of money, the value of saving, what it 09500043.doc 50  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 means to save for a house or for your education, or just learning how to balance a checkbook. A lot of these are lost arts and also what has contributed to a lot of problems we see in the predatory lending markets and payday loans and car title loans with respect to unprecedented access to so many financial instruments today. The Bill costs the state no money, simply a task force to convene to discuss the best way of doing this. I ask for an 'aye' vote and be happy to answer any questions."

Speaker Lyons: "Any discussion regarding House Bill 1662? Seeing none, the question is, 'Should House Bill 1662 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flowers? Representative Phelps? Mr. Clerk, take the record. On this Bill, there's 116 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Clerk, Representative Monique Davis has House Bill 232. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Chair recognizes the Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. House Bill 232 was a Bill that originally was established to abolish a virtual high school in Chicago, but after working with a number of organizations and concerned people, we have reduced that legislation to be a task force. The task force will be made 09500043.doc 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 up of many members who are from the higher education, members… a teacher or administrator from the virtual school itself, the Governor will make appointments, the Speaker of the House, the Minority Leaders in both Houses. And we think that… we don’t have any opposition. And we urge an 'aye' vote."

"The Chair recognizes the Gentleman from Lee, Representative Jerry Mitchell."

"No one else seeking recognition, Representative Davis to close." Davis, M.: "We would just ask for an 'aye' vote. Thank you, Mr. Speaker."

"The question is, 'Should House Bill 232 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cultra? Durkin? Mr. Clerk, take the record. On this Bill, there are 112 Members voting 'yes', 4 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed." 09500043.doc 52  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

Speaker Hannig: "Representative Hannig is in the Chair. Representative Sullivan, you have House Bill 3165. Mr. Clerk, read the Bill."

"Representative Sullivan."

"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 Bassi, Durkin, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 116 voting 'yes' and 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dugan, you have House Bill 2044. Mr. Clerk, read the Bill."

"The Lady from Kankakee, Representative Dugan."

"Thank you, Speaker and Members of the House. House Bill 2044 addresses an issue that a constituent brought to me who was a disabled veteran. He also qualifies for our circuit breaker program. And we all know in the circuit breaker program, you receive license plates for a reduced cost. It seemed as though, because he did receive already a license plate free of charge because he is a disabled veteran, he then was not able to… his wife then was not able to get the license plate through the circuit breaker cost, even though they qualified for it, because somewhere in the wording of the circuit breaker it didn't include and didn't address this situation. So, this just corrects it to say that a veteran, of course, receives a license plate, but what this does is also say if they qualify for circuit breaker they should also be allowed to have the circuit breaker price for their spouse's car because they qualify for that anyway and not be penalized because they're a disabled veteran. I'll 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'. 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 116 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Golar, you have House Bill 1398. Out of the 09500043.doc 54  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 record. Representative Feigenholtz, you have House Bill 3446. Mr. Clerk, read the Bill."

Speaker Hannig: "The Lady from Cook, Representative Feigenholtz."

"Thank you, Mr. Speaker. Did we have an Amendment pending for this Bill?"

"Clerk, what is the status of the Amendments on this Bill?"

"Do you wish to move it back?"

"Could you roll it back to Second for the Amendment?"

"Yes. So, Mr. Clerk, return this to the Order of Second Reading at the request of the Sponsor. Representative Tryon, you have House Bill 3728. Mr. Clerk, read the Bill."

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

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

"He indicates he'll yield."

"We're going to put this on Standard Debate, Representative Tryon, there seems to be some interest amongst Members on… particularly your side of the aisle. But Representative Reis, you're recognized for 5 minutes." 09500043.doc 59  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"He indicates he'll yield."

"We've had two (2) in response and one (1) in support. And Representative Watson, you're recognized for 5 minutes."

"He indicates he'll yield." 09500043.doc 62  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"We've had three (3) in response and one (1) in support. So the rules would provide two (2) additional speakers in support. Representative Leitch, would you like to speak in support?"

"Representative…"

Speaker Hannig: "Okay. So, you are within your rights, Representative Leitch, to ask for a verification. Representative Tryon, 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? Have all voted who wish? Mr. Clerk, take the record. Okay. There's been a request for a verification by Representative Leitch. Representative Leitch… Representative Leitch, do you persist in your request for a verification? It's… Okay. The Gentleman has requested a verification. So, I'd ask the staff to return or to go to the back of the chamber. I'd ask the Members to be in their seats. And Mr. Clerk, would you read the names of those voting in the affirmative."

"Okay. So, Representative Leitch, do you have any questions of those voting in the affirmative?"

"Representative Joyce. Is the Gentleman in the chamber? Okay. He is in the rear of the chamber."

Speaker Hannig: "Representative Pat Verschoore. Is the Gentleman in the chamber? Mr. Clerk, how is he recorded?"

"Remove him."

"Representative Acevedo. Is the Gentleman in the chamber? Mr. Clerk, how is Representative Acevedo recorded?"

"Remove him."

"Representative Mautino. The Gentleman's on the Republican side of the aisle."

"Representative Flowers. Is the Lady… The Lady is at the rear of the chamber."

Speaker Hannig: "Representative Saviano is over by Representative Black."

"Representative Feigenholtz is over… she is right there. She's hiding by Representative Hoffman."

"Representative Mike Smith. Is the Gentleman in the chamber? How is Representative… Okay. Representative Smith is in the rear of the chamber. And Representative Acevedo has returned to the chamber. So, Mr. Clerk, restore him."

"Okay. On this question, there are 67 voting 'yes' and 48 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Black, for what reason do you rise?"

"Are those lights automatically on your list, Representative?"

"Automatic."

"Mr. Clerk, on House Supplemental Calendar #1 is House… is Senate Bill 1592. Would you read the Bill, please."

"Third Reading. And Mr. Clerk, read Senate Bill 500."

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

"State your point."

"And Representative Golar, for what reason do you rise?"

"Yes, Mr. Speaker, I would like the record to reflect that House Bill 3728, I would like to be a 'yes'." 09500043.doc 71  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"The record will reflect your intentions."

"Thank you."

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

"Thank you, Mr. Speaker, for a point of personal privilege, please."

"State your point."

"Let me introduce in the gallery, the children of people of the Governor's staff, including the kids of Jessica Pickens and Joe Handley. Would the kids up there wave at everybody. They're here for Parent's Day?"

"If I could have your attention for a moment. The Chair has been advised that there will be caucuses for both the Democratic and Republican side of the aisle. We're going to stand at recess for a few moments. The Democrats are going to caucus in Room 114, our regular room and the Republicans will caucus in Room 118, their regular room. So the House will stand at recess."

"The House will be in order. Members will be in their seats. On the Order of House Bills-Third Reading, we have House Bill 758. Representative Osterman. Mr. Clerk, read the Bill."

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

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 758 requires background checks on person- to-person handgun sales in our state. Similar to gun show 09500043.doc 72  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 loophole legislation, this legislation will require an individual selling a handgun to call State Police and have a background check conducted on the purchaser prior to the sale of a handgun. Currently, these background checks conducted by State Police take a matter of minutes and on an annual basis in our state over 925 criminals, domestic abusers, gangbangers and others who should not own a gun are stopped by buying a gun because of the background checks. Background checks work. I want to stress that this legislation only deals with handguns, not shotguns, not rifles. A large number of guns each year are used in crimes that can be traced to person-to-person sales. This legislation will help keep handguns out of the hands of criminals. In a recent poll conducted in our state, 80 percent of respondents strongly favor this legislation, 10 percent somewhat favor this legislation. That's over 90 percent of respondents. This is commonsense legislation that will help keep criminals from getting handguns and I would ask for everyone's support on this legislation. I would be happy to answer any questions."

"This is on the Order of Short Debate. We're going to remove it and put it on the Order of Standard Debate. And on that question, the Gentleman from Jackson, Representative Bost."

"Representative…"

"To the Bill."

"Representative Phelps."

"Will the Sponsor yield?

"He indicates he'll yield."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the General Assembly. Representative Osterman, is it true that this requires… Say, I want to go out and shoot with 09500043.doc 75  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Representative Bill Black, and we're out there in the country shooting cans or bottles and if I loan him a gun doesn't that… he require that I do a background check on him?"

"If you sold… if you sold…"

"Another one another…"

"If you sold him a gun."

"Not loaning or transferring, only sold. And I think the Bill says that transfer or if I loan him, I would have to acquire another background check. Is that true?"

"It's a very good question, Representative Phelps, and I'm glad you brought it up. The definition 'transfer' is very frequent in the FOID Act and in the Criminal Code when it comes to transferring or selling firearms. And transfer is, the definition of 'transfer' as exists today would remain. And I would say that the standard practice, if you and Representative Black were going out and hunting, that whatever exists today would exist after we pass this legislation. So, if you were to sell Representative Black a gun or give him a gun permanently, it would happen exactly the way it does today. You would have to go through the steps that you would have to do today. The only difference would be that you would have to go through an instant criminal background check. If you are going together and you're loaning him a gun for the weekend, I would say that under current law and future law that this would be silent on that. This is permanent transfers and I would suggest that transferring a firearm is a definition that is in the law today and would be the same." 09500043.doc 76  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Okay. So…"

"The only addition… the only additional step whether it’s a permanent transfer or sale is to go through the instant criminal background check, which again, I will say, is good public policy and works."

"Okay. And we'll talk about the FOID card here in a minute, but… So now, can I give Representative Black a gun? Can I just give him a gun 'cause there's no gun title, so can I just give him a gun?"

"If you were to give him a gun, I would suggest to you it's the same today as it would be after this legislation passed. If you permanently give to him the firearm, that would be I would think State Police would say is a transfer and you should have to go through the steps that you're required to today, which today would be a three-day waiting period and keeping a copy of the transaction. Under this step, it would be to go through the instant criminal background check if you were to give him a gun. Today there are laws in place and procedures in place that are the statutes that we work by. All we're doing is asking for an additional background check to be done which happens in a matter of minutes."

"So… Let me give you another question, Representative Osterman. Am I right in saying that this Bill creates a new tax on private gun owners?"

"You are right in saying that background checks that are done at licensed dealers, background checks that are done at gun shows, background checks that stop almost a thousand (1,000) people a year, cost two dollars ($2.00) by 09500043.doc 77  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 the State of Illinois that State Police charges. Those would be required under this legislation. You call it a new tax… and I've got the handout from the NRA, Representative, with some other fictional points on here that I'd be happy to get to if they come up or I'll address them otherwise… but there would be a charge that State Police would require to conduct the background check. Same as a licensed dealer when someone goes to buy a gun at a store, same as if they go through a gun show."

"To the Bill, Mr. Speaker."

"To the Bill."

"House Bill 758, I think is very redundant. We're doing this now in what is called FOID card. When you're a legal gun owner you applied for a FOID card, there is a background check done on you. There's no need for another background check on this. House Bill 758 is designed to cause more red tape, increase the waiting periods, and stop private legal gun sales. I ask for a 'no' vote."

"Representative Stephens."

"He indicates he'll yield."

"Absolutely not."

"What you would do is a couple things. First, what you would have to do, Representative, for your next door 09500043.doc 78  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 neighbor, the lady next door to you, have her show your valid… her valid FOID card to you. You would have to keep a transaction of that. You would then have to wait seventy- two (72)…"

"I'm walking… I'm walking through…"

"If you'd let me finish, I'll answer your question. It's similar… so today and how we will implement this differently. She shows you the FOID card. You keep… you write down the transaction that's specified in the law as to what you is required in the receipt. Okay. You're then supposed to keep that firearm from your next door neighbor for seventy-two hours. The only additional step that we will have you do different than you do today, Representative Stephens, is pick up the phone and call State Police and ask the State Police to do a background check on her and then release the firearm. After the wait…"

"…after the waiting period."

"Representative Stephens, your next door neighbor, similar to the almost a thousand (1000) individuals that had FOID cards that were turned away because they violated some law on the books, would have a FOID card and if she had something in her background that would prevent her from getting a firearm, like mental illness, that would prevent 09500043.doc 79  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 her and the background check, State Police would tell you, Representative Stephens, not to sell the firearm."

"Representative, I…"

"I'm simply…"

"I'm simply pointing out to you, Representative Stephens, that background checks today stop people from buying firearms."

"It's a Class A misdemeanor."

"Both of you would be liable under different…"

"Well…"

"Both of you would be liable under certain things. If, Representative Stephens, she was not eligible to own a firearm in our state, then she would be liable for illegally 09500043.doc 80  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 purchasing a firearm. If you did not follow this procedure it would be a Class A misdemeanor."

"I know."

"I'm not making…"

"We had three (3) speak in opposition and one (1) in support. The rule book provides that two (2) additional speakers could rise in support. Representative Currie, would you like to speak in support?"

"Thank you, Speaker and Members of the House. A little more heat than is necessary on this simple and straightforward proposition. Today, if you buy a gun at a gun shop, if you buy a gun at a gun show, there is a requirement first that you have a Illinois Firearm Owners Identification card and second, that you subject yourself and pass a criminal background check. There are some people who buy their handguns privately. Those people have to have a Firearm Owners Identification card, but today they do not need to undergo the criminal background check. Law enforcement tells us that a thousand (1,000) people who have FOID cards nevertheless fail the criminal background check when they buy at a gun shop, when they buy at a gun show. It's suggested that we wait until somebody who should not have bought this gun but bought it privately, we should wait until they commit a criminal act before we do anything about it. To me that's lunacy. Far better to protect the public before there is carnage, before there is mayhem at a school, in the streets, or in a home. We don't know what number of people buying a handgun privately might fail the criminal background check, but for that instant criminal background check, but for the few seconds and the two bucks it takes, I would say we owe it to the citizens of Illinois to see to it 09500043.doc 82  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 that we do not allow that gun in the first place to fall into the wrong hands. The only sensible vote on House Bill 758 is a resounding 'yes'."

Speaker Hannig: "The rules now would provide that one (1) additional speaker could rise in support of the Bill. Representative Sacia, would you like to speak in support?"

Speaker Hannig: "If that's the wish, Representative, we certainly can grant that. I guess my only question is, do you think we're changing any votes? But proceed, Representative. Proceed, Representative Sacia."

"Representative Sacia, I know you were busy working on other legislation last year, but I believe last year I don’t know that legislation like this was proposed, but…"

"…I will say to you, Representative Sacia, that this is not just an issue for the City of Chicago. And I think that the board and the votes on this Bill will reflect that. I think that cities and towns across our state are seeing increased gun violence. And I think Representative, this is good public policy and I think that the votes on this, hopefully, at the end of the day are going to reflect a diverse cross section of our state." 09500043.doc 83  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Representative, a couple things. You referenced dealer licensing, that will be another Bill later that we can talk about and I'm happy to talk on that when the opportunity comes. The truth of the matter is, Representative, that Mayor Daley is not here today to decide this issue. You are here today to decide this issue and I am here and the rest of the 118 Members of this Body are here and hopefully, the Senate. The only people that are with us today, Representative, is the people of the State of Illinois that are watching what we do. And they are listening to the arguments pro and con on this and they're also understanding the violence caused by handguns in their communities. I'll tell you who also is watching and in support of this legislation, Representative, and that's law enforcement. The state FOP is in support of this legislation, the Illinois Chiefs of Police are in support of this legislation. There's a lot of people in support of this legislation. This is not something that is negative, I would say, for legal law-abiding citizens. When I've had 09500043.doc 85  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 opportunities to talk to people that have been waiting to see my colleague…"

"Representative Sacia, your time is expired. Could you bring your remarks to a close?"

"The Gentleman from Williamson, Representative Bradley." Bradley, J.: "Will the Sponsor yield?"

"He indicates he'll yield." Bradley, J.: "Representative Osterman, what are you really trying to do here?"

"What I'm really trying to do with the legislation, this piece of legislation focused on handgun background sales or background checks, I hope it will do what the current background check system does and that is prevent criminals or those that shouldn't own firearms from buying a handgun. That's what I want to do." Bradley, J.: "Is this… are there any exceptions to your Bill?" 09500043.doc 86  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"The exceptions are family members and those I think through a court order that are required to transfer a firearm." Bradley, J.: "What family members?"

"Spouses…" Bradley, J.: "Parents and child…"

"Spouses, parents, child, grandparent and grandchild." Bradley, J.: "So, I hunted my whole life with my uncles and they gave me a gun, they'd have to do a background check on me?"

"Is he loaning you the gun for the weekend when you go out shooting?" Bradley, J.: "No, he gave me… he gives me a gun, he'd have to do a background check on me."

"Under the current law, the way it is written, yes." Bradley, J.: "So, my cousins, of which I have many, being from Southern Illinois and I give them a gun or they give me a gun, we got to do a background check on each other."

"I would say two (2) things to that, Representative, and…" Bradley, J.: "A yes or no, Representative."

"I think if you let me answer your question you might be surprised by my answer." Bradley, J.: "Okay."

"Okay. The first thing is that under the current law today and you would know this if you and your cousins and uncles exchange handguns or guns that… that there's paperwork that's required on a permanent transfer. You know that, being a lawyer and someone who knows the law very well. The other part of that is that you bring up, I would 09500043.doc 87  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 say, a good point and I will say that we have a long process on this legislation; we have another Body to deal with in the Senate. And on the issue of family members, that is something I will talk to the Senate Sponsor about." Bradley, J.: "What about… is this just blood relatives or is this adopted, stepsister, stepbrothers…"

"I think if you had an adopted child…" Bradley, J.: "Is this your biological mother, your biological father, your stepdad, your stepmom, your stepcousin, your cousin three (3) times removed? All these people you got to go do a background check on? What is this, 1984, Big Brother? To the Bill. I stand in strong opposition to this Bill. We need common sense in this chamber, not stuff like this."

"The Gentleman from Vermilion, Representative Black. Representative Black, you're recognized for 5 minutes."

"He indicates he will."

"State your request, Representative."

"Okay."

"He indicates he'll yield."

"That's correct."

"Correct."

"Correct."

"You, also, Representative Black, if I may, with your nephew you're supposed to under current law keep that firearm from him for seventy-two (72) hours as a waiting period. And that would still be under current law with this background check." 09500043.doc 89  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"It's an online database search and I will tell you that my understanding of the background check, the FTIP system with State Police that there is not a backlog. If there is a backlog and this is talking with State Police today, it is in the processing of the FOID applications. And my understanding is that there's other legislation that is working its way through the chamber to try and generate some more funding for the FOID card system. My understanding is that State Police, currently when they're able, will try to assign staff that will help process the FOID applications from the FTIP."

"I think that with the background checks…"

"Yes. My understanding is that the… historically and present practice today is that those background checks take a matter of minutes to be conducted."

"The only time that they take time is if there is something that needs further investigation and they need to clarify that."

"If he's a private seller…"

"…then he would do… he would conduct a background check on you."

"Let me say this, though… I and I don't know if antique firearms are exempt from current law if… if antique…"

"Representative Black, your time has expired. Would you bring your remarks to a close."

"First thing's, they're going to be waiting a long time for those guns. I think that the second exemption would deal with the court order, so if a… if your estate went to probate and your will said this, I'm not a lawyer, that would be a court order. I think, Representative Black, the issue of family was brought up pretty eloquently by 09500043.doc 92  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Representative Bradley and I pledge to talk to him more about that and talk to you. I want to make specific one important point on your first question. The underlying Bill as it first submitted made the seller and the purchaser go to a federally licensed dealer. Amendment 1, which is the Bill now, streamlines that and lets you pick up the phone and do that and I think that that's the way it should go to expedite the sale for law-abiding citizens."

"Representative…"

"The grandson is exempt. Your grandson would be exempt under the current law that we're voting on."

"The grandson is exempt."

"Representative Black, the parliamentarian's prepared for his ruling." 09500043.doc 93  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Representative Black."

"Proceed."

Speaker Hannig: "Representative Molaro, you're next on the list."

"Thank you, Mr. Speaker. I'm probably going to lose my honorary membership here in the Democratic downstate catfish row but, I got to tell you, it's really a cultural issue and if we can get by the cultural issue maybe we could understand. I went and visited a friend downstate. He had guns in his house and he had his niece shooting a gun outside and went to the gun show and I got to tell you when I was in his house and went by the gun show I thought I was doing something illegal. That's how foreign handguns and just being out in the open are to me. And so I could see why some of the… I don't want to call them downstate, rural, that would be wrong, but some of the people who grew up in a gun culture must think that Harry's got two (2) heads and he's saying, what are you doing to us, what are you talking about? You're taking away something that is so near and dear to us and so simple and so just out there, you know, what are you missing? Now, if we keep it on that cultural level we're obviously never going to change anybody's mind. So, the only way we could do it is to look at the Bill. So I have to ask the question of the Sponsor if he'll yield. Will you yield? Okay, here's what I'm looking at, you put it… it's on line 20 of your Bill which your Bill is only about two sentences long, no matter of all that stuff. So, I got to ask you, it's in the gun show stuff and it says if I'm a nonlicensed guy, say myself, and I meet you at a gun show and I want to sell you my gun, it says I must before 09500043.doc 95  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 selling or transferring a firearm request the Department of State Police to conduct a background check, right? Okay. Now, don't give me a long answer, Harry, I'm going to lose my time. How long does that background check take? How long does that take? Well, Mr. Speaker, paying attention up there? Oh, I'm talking over here."

"Background checks take a matter of minutes and State Police…"

"Okay. Good, thank you, Harry. So, they take a matter of minutes, the man said minutes. So, here's what I got to ask, forget the stuff about granddaughters and grandsons and nephews. Okay? You got him there. I guess you should be able to give your grandson a gun or your… not your grandson, your cousin and Bradley's cousins. I guess you should be able to give your cousin one without going through it. But that's not what he is trying to say. Here's what he is trying to say, when you put in a local downstate newspaper, call me up at 618-482 I got a .357 magnum that's a terrific gun, it's worth about five hundred (500). I'll sell it for two-fifty (250). And some guy comes over to his house that he has never seen, never met and says here's the two hundred and fifty bucks. I want the gun. All we're saying is give him the gun but wait 5 minutes. Call up the State Police. Make sure he's not some knucklehead who has… who is… has all kinds of records be in his background, that he's not some nut that doesn't have a FOID card. Take 5 minutes. You get the background check, the State Police says write this number down, 216407. The guy has a FOID card and he's okay. Now you send the five hundred (500) and you transfer the 09500043.doc 96  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 gun. What's so bad about waiting the 5 minutes? I don't get it. I understand I don't get the culture. I understand that I don't know maybe what guns are, but what all Harry's asking for is to wait 5 minutes. Do the check and do it. Now if you get up and start talking about your great-nephew, you win. I got to give you that. Your great-nephew should get it. The man says right here on the floor, he'll exempt all of John Bradley's cousins. But we're still going to have after we exempt every possible cousin, we're still going to be asking can you just take 3 minutes before you give him the gun and he gives you the money? He doesn't want to stop anything. A private individual should be able to transfer and sell his gun to another private individual. All this Bill asks is give us 5 minutes to check with the State Police to make sure he's not a knucklehead. Now, that makes sense to me and I think we should vote 'yes'."

"Representative Kosel. Representative Kosel, did you wish to speak? No? Representative Reitz. Representative Reitz, did you wish to speak on this Bill?"

"Yes, I do. Will the Sponsor yield?"

"He indicates he'll yield."

"Harry, I had a couple of questions. One (1) is, I guess, following up on one (1) of the previous speakers and the ruling from the Chair is it, for legislative intent, is it your intent that this would not apply to cities that are Home Rule if they have a gun shop and they have a local gun owner that they're comfortable with that is going to do all the appropriate background checks. Is it your intent that they could pass a law that would overrule this… a Home Rule 09500043.doc 97  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 law… ordinance? Or would you rather just have it apply to Home Rule? It doesn't matter to me either way."

"This is a statewide policy, Representative."

"Excuse me. Sorry, I was interrupted."

"I said that this is a… would be a statewide policy which… statewide law."

"I was just kind of wanting clarification, based on the rule of the Chair. Would this apply to Home Rule communities?"

"It would apply, Representative, everywhere in the State of Illinois."

"Including Home Rule communities? So, if a Home Rule community wanted to pass an ordinance that said they wouldn't… they didn't want this law applicable to their local gun dealers, it's your intent, with this legislation, that it would apply to them?"

"Representative, I think that the ruling of the Chair was clear. And I think that I'm trying to be clear to say that this Act that we're voting on would be the policy of the State of Illinois."

"And I'm just trying to further clarify it. Is the answer yes or no that this would apply to Home Rule communities?"

"Representative, if a Home Rule community, which under current powers that they have, pass the law withdrawing them from this they would have had that presently under current statute as they could under any law, as well as when we pass this legislation." 09500043.doc 98  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Okay. Thank you. And the question, as far as doing a background check, can you as… can a private citizen just call up if they're transferring guns and ask for a background check?"

"State Police says they do with the gun show loophole legislation would in a very public way working with groups like yours and the NRA and State Rifle Association make the rules very, very clear about the steps. If someone goes on their Web site, State Police's Web site, they get a FOID application and it clearly lines out what they have to do to transfer a firearm. I would expect that they would make that information public so that people would know the rules that they would have to abide by and conform with the law of the state."

"So, in the case of a transfer, would you not agree it would be a little more cumbersome than a 5 minute check?"

"I don't think it would be more cumbersome, because I think a point that Representative Molaro failed to mention is that there's a three-day waiting period. So, if you were to sell your seatmate a gun, a handgun, under present law you're required to wait three (3) days before you physically transfer that firearm. So, wait an additional 5 minutes in that three (3) days, I don't think is a burden at all."

"Okay. And is it a guarantee… I mean, I'm trying to figure out why we need this if we already have the FOID card. If you have a current FOID card, they have done a background check on you… they… you're a… you have the legal right within the State of Illinois under the procedures we 09500043.doc 99  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 have set up to transfer and own a firearm, why do we need an additional step?"

"We need an additional step because there are tens of thousands of transactions that deal with individual sellers and individuals that are buying handguns. Handguns are… the weapon of choice along with semi-automatic weapons of gangs and criminals and having that extra… under current law right now over… almost a thousand (1,000) people are stopped with FOID cards on an annual basis. How many of those people that go to… that don't go to a gun store find a… through an ad in the newspaper find someone to sell them a gun and averts the background check. How many of those criminals have got… there are studies done by ATF and others that point to a person to…"

"Representative Reitz, your time has expired. Could you bring your remarks to a close?"

"Thank you, Representative. To the Bill. I think we've said it before, I'm not sure we're going to change any votes here. We just wanted to clarify exactly what this Bill does. We have enough safeguards in there. I appreciate the concern in a problem that the people in the City of Chicago and a lot of urban areas have with guns, but as what was stated earlier the guns don't cause the problems. We need to find a way to get at the people that are using the guns in an illegal manner not… and not the guns."

"Representative Kosel."

"Representative Bost." 09500043.doc 100  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Representative Osterman to close."

"I'll answer first, no, but I want to thank the last speaker for starting the debate and ending the debate and helping make my points. The issue of transfer, everywhere in the FOID statute is the word transfer. If separate from this issue, him and I and the downstate caucus and anyone else that's interested wants to define transfer, more than happy to, but the NRA and everyone else that's been under the laws that exist today deals with transfer. These aren’t loans, no one has been arrested and convicted for loaning someone a gun. Transfers are permanent transfers, but we'll work on that if you want to. But I really want to focus on his opening remarks and that dealt with public policy. His public policy was that he wanted people out of the homes. 09500043.doc 102  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 This does not affect someone's ability to sell a firearm or buy a firearm. I want to repeat that. It does not affect in a negative way their ability to buy or sell a firearm. But it's the public policy of the State of Illinois and it should be the public policy of the State of Illinois is that who the guns are sold to. We don't want guns sold to criminals; we don't want guns sold to gangbangers or domestic abusers. That should be everybody's issue on this floor. That's what we're trying to do with requiring the background checks. It's on handguns; it's not on rifles. It's our public policy to protect the people of Illinois. Ladies and Gentlemen, this is reasonable. If this saves one life it's worth it. And I 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 Dunkin, Franks, Meyer and Turner, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. Representative, do you request Postponed?"

"Yes, I do."

"Okay. So, we'll put this on the Order of Postponed Consideration. Mr. Clerk, read House Bill 796."

"The Lady from Cook, Representative Graham."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I have before you House Bill 796, requires gun dealers to be licensed with the State Police. This 09500043.doc 103  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 legislation is badly needed and you guys are very much familiar with it. And I'll try to answer any questions at this time."

"The Lady has moved for the passage of House Bill 796. We're going to put this on Standard Debate. And Representative Bost, you're recognized for (5) minutes."

"She indicates she'll yield."

"Correct."

"Correct"

"Well, the long-term intent, Representative, is to curb the crime and things that are happening in our area. We found that there's been an exorbitant amount of guns that have been used in crimes by gun dealers who have turned an eye, turned away from what was really going on and selling guns to people who shouldn't have them."

"Representative, no, I'm not here to say that. What I'm here for and I heard some of your comments earlier about mind our own business, we're trying to mind our own business by saving…" 09500043.doc 104  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"No. Well…"

"Representative, every law that we have made in this state that applies to criminals applies to the criminal. If you are a law-abiding citizen this piece of legislation would not affect any law-abiding citizen."

"It would not affect them if their gun has not been used in a crime."

"No. Representative, you know what I said. You asked me earlier was all piece of legislation…"

"Yes. Right."

"I did say that."

"Representative, that's not the intention of this legislation. The Intent…"

"Everything we do has some probable something, something out there that people can contort and make it be whatever it is. So, as the young man who did in Virginia Tech felt like he was being prosecuted. He felt like he was being beat down by his student colleagues, but was that the truth? Maybe no, we don't know what state of mind that young man was in. But I'm telling you that this piece of legislation actually deals with registering handguns and we would like to be able to try…"

"Not in a way that… not in a way that you're trying to say."

"You're saying that is down the line we would like to take something from you and that…"

"I wouldn't even support… I would not support legislation that would take handguns from law-abiding citizens. I would not support that."

"To the Bill."

"Representative Stephens."

"Indicates she'll yield."

"Yes, it does."

"No, Representative, I guess if the State Police found no use for them, but to create what needs to be handled with this those fees would be used to support the State Police."

"They are going to be paid to the State Police, Representative." 09500043.doc 107  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"I didn't track the dollars. I can find out for you."

"Representative, we have gun violence quite a bit in the City of Chicago. I know that…"

"Absolutely. So why are they there?"

"In the city…"

"In the City of Chicago area less than 1 percent of gun dealers, that's about sixty-five (65) gun dealer, are responsible for 48 percent of all guns used in Chicago crimes. So, with licenses being… with gun dealers being licensed with the State Police, there are currently twenty- eight (28) federal inspectors and they have to inspect nearly three thousand (3000) gun dealers in the State of Illinois."

"I just told you, Representative."

"One percent of gun dealers, that's about sixty-five (65) gun dealers… sixty-five (65) gun dealers who guns are… guns are being traced back to them of crimes that have been committed in the Chicago area."

"These were guns that were sold…"

"That we feel that were sold to gangbangers in coordination with…"

"…their… You know what, I don't know 'cause I wasn't there when the guns were sold."

"Representative."

"Some of them could have been."

"Some of them could have been."

"Yeah, could have been."

"Yeah."

"We've had one (1) in support and two (2) in opposition. Representative Eddy, do you rise in support or in opposition?"

"Okay, proceed."

"The Chair acknowledges and we will do so." 09500043.doc 110  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"She indicates she'll yield."

"I can't hear, Mr. Speaker."

"Representative, it seems like he may have to. Yes."

"Would he have to handle that gun to customize the stock?"

"Then he would, yeah." 09500043.doc 111  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Representative, I appreciate your concern but today or since we started Session, no one has brought that issue to me so I appreciate your concern, so further we can probably discuss it later down the line."

"We've had three speak in opposition and one in support. The rules would provide two additional speakers in support. Representative Washington, are you in support? Okay. So, you have 5 minutes."

"Will the Sponsor yield?"

"She indicates she'll yield."

"I just want to say to the Sponsor, you know, kudos to you for getting tired of seeing and reading the number of tragedies that take place in the urban centers in particular as it relates to guns. But I want to go back to the opposite side because I'm somewhat… I'm somewhat 100 percent, but I'm not there in terms of what my colleague say here on the other side. Why isn't that… the other Gentleman said he would support something if it was a true effect on the cause. Then where had… why you have not presented legislation that addresses the cause that would give you a fair hearing for what your issues are and also consider the other person? Why haven't you done that? But then the other part of it is like this. This is an issue, to me, similar to the same issue of crack cocaine and powder 09500043.doc 113  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 cocaine. All of it's cocaine, but yet people in the urban areas who evidently use more crack cocaine, assumingly get longer sentences than those who use just powder cocaine. Where the same thing now with Ms. Graham getting tired of seeing the violence and the people being struck down. Now, maybe what's good for the goose is not necessarily good for the gander, when you look at the methadone problem compared to the crack problem and now maybe the chicken will come home to roost. So, I'm saying it’s a thin line, but it's almost like a… something hypocritical that why won't we do it that way. Then my last question to the Sponsor, Deborah, I got a question. Isn't it that possible to craft legislation that would do the same thing that you want it to do but that would exclude some of the downstate communities who are not experiencing the level of violence and yet allowing them to choose legislation that is more beneficial to the way of life in comparison? Is that possible to draft it that way?"

"You know what, I would have been more than happy to do that to save lives in my community, but I understand that in order to do that the legislation has to be a statewide piece of legislation."

"So, there's no way we can draft legislation where it's pertaining to just Chicago or urban centers? Well, can we have an opt-in legislation for those municipalities and areas who want to go in versus those who don't want to opt- in? Can we craft it like that?"

"Representative, it has to be a statewide measure."

"Thank you. Thank you, Representative." 09500043.doc 114  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"So, under the rules of debate, we've had two in support and three already, the full contingent, in opposition. Does anyone wish to stand in support? One additional speaker? Then we'll have Representative Graham to close."

"Thank you, Mr. Speaker. Again, I know that this is a hot topic for this Body. I understand the issues with my downstate colleagues, I really do. But we got… we need you to understand that we live in totally two different environments. That the environment that we live in… Siretha White was playing at her birthday party and was shot down. We have had numerous occasions where things have happened out of our control, where we came here to the Legislature seeking support. I also want to give you just a little bit of information. A survey that was taken by the UCAN Teens. A survey in 2006, eleven hundred (1100) teens across the state ages twelve (12) to nineteen (19) show that 44 percent knew someone who had been shot. But what's more scary, one-fifth, 22 percent more knew more than one person that had been shot. Nearly 64 percent agreed that government officials don't admit that gun violence is a problem. Fifty five percent think that government don't even understand the realities of gun violence for teens. Eighty-four percent agree that handguns should be childproof. If teddy bears and medicine bottles have regulations, why don't guns? The study also found that Latin and African-American teens are the most impacted by guns. Nearly 65 percent of African-American teens and 60 percent of Latino teens agree with this statement, I know 09500043.doc 115  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 someone who's been shot, compared to 38 percent of white teens. Forty-eight percent of African-American teens and more that 43 percent of Latino teens agree that they fear one day that they will be shot compared to 38 percent of white teens. I think that this Body on a number of occasions has sent messages to our teenagers across this state stating we don't care about gun violence. And some of the arguments that we come up with on the floor sometimes really surprises me. We encompass a whole lot of arguments to derail what the subject is. I would ask this Body, if we could create legislation that would just affect my community I would do that just so I wouldn't have to come down here and beg and plead my colleagues to help me save teenagers lives in my community. If I could do anything in my power to help to come down here… to avoid coming down here to ask you for your help I would do that. I would urge a 'yes' vote on this piece of legislation."

"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 Chapa LaVia. Mr. Clerk, take the record. Representative Graham, do you wish Postponed?"

"Yes."

"Okay. So, we'll put this on the Order of Postponed Consideration. Mr. Clerk, read House Bill 317."

Speaker Hannig: "Representative Fritchey, Representative Fritchey."

"Thank you, Speaker and Members of the Body. Ladies and Gentlemen, we're going to have a long debate about this Bill probably and the reality is that the debate will likely not change a single vote one way or the other. This is an important issue however you may feel about it. This is not an issue about a woman's right to choose in Illinois, this is an issue about what is appropriate in those circumstances when a minor finds herself pregnant and is trying to figure out how to handle that pregnancy. Speaker, Speaker, I can't yell over everybody. Ladies and Gentlemen, if you would just indulge me briefly, please. There has been a lot of lobbying going on around this Bill. There's been a lot of phone calls, a lot of e-mails, a lot of persuasion, a lot of threats, political and otherwise. What's unfortunate is I believe that many people in this chamber have not read this Bill. In 1995, before the majority of people in this chamber got here, the Illinois House passed a parental notification law in Illinois. Due to a Federal Court injunction that law was never enforced. What we are trying to do is simply amend this Bill. Ladies and Gentlemen, when I first filed 317, a number of the opponents raised a number of legitimate concerns about what was in the Bill. In response to those concerns I dramatically amended House Bill 317 and what remains before this Body today, the differences between the 1995 law and these Amendments to the law are not large, but they are largely important. Essentially, the Bill does a couple of things. To the category of an adult 09500043.doc 117  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 family member it adds aunts and uncles as an individual that a girl can go to. More significantly, rather than just providing a judicial bypass, it would allow a girl to go seek consultation from a physician, an advanced practice nurse, a social worker, or a psychologist, none of whom can be affiliated with an abortion provider. A couple years back, the opponents of this Bill tried to pass legislation requiring what they called informed consent. If a girl under this Act were to go and have consultation from a medical professional she would be required to get informed consent and go through a host of questions with that provider about her decision whether to carry the pregnancy to term, put the baby up for adoption, or seek an abortion. Were a girl under the '95 law or under this Bill to go before a judge, that judge would simply make the determination of whether the girl was mature enough to make a decision and whether or not it would be in her best interest to go to an adult family member. I believe that if a young girl finds herself in a difficult situation involving a medical issue that I am more comfortable with her getting advice in a doctor's office than in a judge's chambers. That is essentially what this Bill does. I know there's going to be a lot of questions. In the interest of the Body's time, I will stop right now and try to answer questions and handle the debate accordingly. Thank you."

"The Chair would hope we could keep this on the Order of Standard Debate and have three (3) on each side and then go to a Roll Call. So, with that thought in mind, Representative Stephens, you're recognized for 5 minutes. 09500043.doc 118  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 No? Did you wish to yield to someone? To Representative Reis? Representative Reis, do you wish to speak?"

"He indicates he'll yield."

"I did and, Representative, when I… if I could answer the question, please. I took clergy out. When I had put it in the Bill originally…"

"Representative…"

"I promise you if you're not going to let me answer your questions, I'm not going to answer your questions."

"Take your… It's not a simple yes or no, Representative."

"The definition of 'medical professionals' was greatly reduced to now solely include physicians, advanced practice nurses, psychologists and social workers." 09500043.doc 119  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"That's correct because under the original legislation' as I had filed it, it would have been feasible for a girl to go to the abortion provider himself or herself and have that count as consultation, and opponents to the Bill said, you know what, this renders this Bill meaningless. And I listened to them and I said, you know what, that's a very valid point. And so I'm going to try to address that point and I think I did address that point."

"Under the 1995 law, should it ever be put into effect, the girl has the option of going to an adult family member or if she chooses not to, on her own volition, she can go to a judge. I have…"

"I am now saying that she can go to a judge or to a physician, advanced practice nurse, psychologist or social worker, correct."

"If that were your interpretation, Sir, the judicial bypass provision in the 1995 law would be struck down along with the underlying law. The Supreme Court has directly acknowledged that for a sufficient bypass law to pass constitutional muster that a girl needs to be provided with either judicial bypass or another means, another alternative means. The U.S. Supreme Court opinion in no way conflicts with this legislation."

"Representative, I do not know of a single girl that died from getting an illegal tan."

"Representative, if you want to equate a girl going to a tanning parlor or getting medical advice for a medical 09500043.doc 121  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 procedure, those are two different things. You may not like… you do not like the fact that a woman has a right to choose in Illinois…"

"Sir. No, Sir, no…"

"No, you have tried to equate the two and I'm going to tell you why it’s an offensive equation."

"A woman has the right to make this choice in Illinois."

"The right the 1995… Representative, we can go back and forth or we can see who can speak over the other the loudest, I prefer that we go back and forth. I let you ask your question, let me give my response. The issue here under the 1995 law which ironically many people in this chamber that were here then opposed and are now trying to sanctify. Under the 1995…"

"Representative Reis, your time has expired. Could you bring your remarks to a close?"

"Representative, we would like to try to give some other people a chance to speak on the Bill."

"No, Representative, you're on Representative Stephens's time right now, so if this…"

"We'll put you back on the list, but it's a long list. Representative Froehlich, you're recognized for 5 minutes."

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

"He indicates he'll yield."

"Representative Fritchey, I know you've put a lot of hard work in on this Bill and you made a lot of good changes. A couple of questions, though, about your Bill as amended. Are you repealing the severability provision from the 1995 law?"

"There is no need for a severability provision in this law anymore. There's no portion of this law that can be construed as unconstitutional. The only remaining constitutional infirmity was the lack of rules to be implemented for judicial bypass procedure. As you are aware, that is presently being… sought to be lifted by the Attorney General. So, one of two things happen, Sir, either this entire Bill in its entirety is constitutional or the underlying 1995 law is unconstitutional."

"But you're making some changes in this '95 Act…"

"the change…"

"…like the counselor. I mean, couldn't that be subject to court challenge?"

"No, Sir it could not. The Supreme Court has said that one of the options that has to be made to… available to a girl is judicial bypass or an alternative means. The only changes that remain in this Bill are the adding of an aunt and uncle under the definition of 'adult family member', the construction of the age of a minor is eighteen (18), and the 09500043.doc 123  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 ability for her to seek medical consultation. None of those factors raise a constitutional question anymore."

"All right. So you're pretty confident opponents of the '95 Act will not be going back to court again to try and find the grounds to stop it and have it overturned?"

"I'm exceedingly confident that nothing in this legislation raises a constitutional issue."

"Okay. Another thing that your Bill does, on page 26 of it, you're deleting some of the language from the '95 Act and I'm just curious why you're deleting for example, a sentence, 'the General Assembly finds that notification of a family member is in the best interest of a unemancipated minor. And the General Assembly's purpose in enacting this law is to further and protect the best interest of unemancipated minors.' That's the bottom of page 26, the top of 27. Another sentence on page 27 you're eliminating, 'parental consultation is usually in the best interest of the minor and it is desirable since the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related.' I'm just wondering what it is about those sentences that you find, you know, sufficiently undesirable that you want to pull them out of the existing law?"

"Well, I think what I would guide you to is the language that took its place and mind you the Section you are referring to is legislative findings and purpose and what I've in respond… put in there is that the involvement of a responsible and caring adult in an unemancipated minor's decision about her pregnancy can facilitate quality 09500043.doc 124  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 decision making. Also, that an adult family member can help guide un-emancipated minor in making such health care decisions. When circumstances preclude the involvement of an adult family member, it’s the intent to create an alternative procedure that will ensure counseling and guidance as to all the minor's options. Representative, I appreciate you to know why I'm bringing this point up and while we differ on this, I think you recognize my sincerity on this issue."

"Yes."

"First and fore most, all of us are united in hoping that we do not find a situation in which a minor finds herself pregnant. Secondly, I would hope in that situation as a Legislator, as a parent of a young daughter, that that daughter would have the ability to go to her mother or father. And in the overwhelming number of cases she does in fact go to that parent, but when she does not, there is usually a very, very compelling reason. And the definition and the crux of this issue is when she finds herself in such a situation where she cannot go to a parent, what options do we want to leave that girl? Do we want her to go into a courtroom before a judge that has never seen her?"

"Right."

"Do we want her to go to a doctor to give her medical advice."

"I understand."

"I trust the doctor before I trust the judge."

"One last question. Now, you've said several times, Representative, this is designed for girls who can’t go to a 09500043.doc 125  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 parent. Can you explain the difference between a girl who can’t go and one who doesn’t want to go because of embarrassment because of disappointing the parent?"

"Yes."

"And why would you always leave that distinction to the accurate judgment of a fourteen or fifteen year old?"

"Excellent question, excellent question. On one hand you can have the girl who cannot go to her parents for fear of being physically beaten. You can have the girl that cannot…"

"Representative, your time is expired. Why don’t we let Representative Fritchey finish answering the question and then we’ll…"

"You can have the girl that cannot go to her parents for fear of being kicked out of the house. You cannot have the girl that cannot go to her father because of an incest case. On the other hand, you have a case of a girl who does not want to go to her parents because she does not want to embarrass them. There was a girl named Becky Bell in Indiana who was just that kind of girl. Becky, by her parent's account was an all-American girl she found herself pregnant… she didn’t find herself pregnant, she got pregnant and she was ashamed and she was so ashamed and embarrassed to tell her parents that, under Indiana’s law where she would have been required to go to her parents, she could not bring herself to do that. Becky Bell instead then, because she could not comply with Indiana’s law, went and got an illegal abortion and died. Becky Bells parents have become advocates in this country against such laws because it's not 09500043.doc 126  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 only bad girls that got themselves pregnant that are trying to find an easy way out, its good girls that cannot bring themselves to their parents that are desperately seeking for another viable alternative. So, you're right, there is a difference. But both differences, I think, lead to the need for a rational and reasonable alternative and that’s what I’m trying to present today. Thank you."

"Representative Lang, you have 5 minutes."

"Thank you. Mr. Speaker, Ladies and Gentlemen, I rise in support of the Bill. You know, some of the arguments I suppose on both sides of this issue, I don’t mean both sides of the aisle because there are Members on both sides of the aisle on both sides of the issue. I refer to both sides of the issue. Some of the arguments are predictable. I’m pretty sure that most people on this floor know how they're going to vote. We could probably do without all of the debate, but of course we need to say, what we need to say. You know, I guess, I'll probably repeat what I said the last time we had a debate on a similar Bill. The whole world is not like a sitcom, the whole world is not Father Knows Best the whole world is not what we would like it to be. I’ve gotten some e-mail from some well-meaning constituents, some of them might have been my constituents, some of them may have been your constituents, but nevertheless, I got the e- mails. People are talking about how we would hope that kids would go to their parents. Well, of course we would. And they talk about how we would hope that families would be close-knit enough to be able to deal with these situations and of course we would. But the truth is, that not every 09500043.doc 127  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 family is that kind of family. The truth is, that not every child has the ability to go to a parent and get the kind of advice and counseling that they need. And the truth is, that not every young lady who is a minor that becomes pregnant is one that has the ability to have these kinds of conversations with a parent and must have an opportunity to go elsewhere. Some of you will say, well, the judicial bypass is available. But Ladies and Gentlemen, I… you can’t really think if you want to be against the Bill be against, it and if you want to take a political posture against it, that’s fine. But the rationalization that says, oh, they can go get a judicial bypass, it’s ludicrous. In some of the smaller towns in Illinois and many of you that are… against this Bill are from some of those towns, everybody knows everybody. You expect a fourteen-year-old to go get a judicial bypass, to walk into the courthouse past the clerk who might be their neighbor and a bailiff that might be their neighbor and a judge that might be their neighbor and other litigants in a courtroom that might be their neighbor and go into that courtroom as a young person and speak up, take the oath, and say all these things about what they have done to their personal life? Come on, that isn’t going to happen and what we're going to do is send these young ladies to places that we don’t want them to go. None of us, whether we’re for the Bill or against the Bill, want these young ladies to have to go get medical procedures that are done in an unsanitary, unclean and dangerous way. We hear stories all the time about these young ladies who are hurt, killed, or injured for life from back-alley abortionists. 09500043.doc 128  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Do we really want to turn back the clock, do we really want to send those young ladies there, all because we think these young ladies ought to go see their parents? We all say… I’ve heard some on the floor say, well, if it was my daughter I would surely give her all the support and love she needs and expect her to come and see me. And we would quietly and rationally reason this through together and take care of our young daughter's needs. We know that we would do that, but we also know if we're to be honest about this situation that not every parent in Illinois would do that. In fact, we know that there is… area significant number of parents, a significant number of family units that would not provide that support, that would not provide that love, that would not provide the cooperation it takes to make a rational decision about whether the young woman would or would not proceed to get an abortion. So, we can talk about Father Knows Best and fantasy land and what we would like the world to be, but this Bill is a Bill about practical life. This Bill recognizes that life is not always what we want it to be. This Bill recognizes that we need to go beyond politics and beyond political ideology and talk about these young ladies, who today really need our help. I would urge ‘aye’ votes."

"We’ve now had two (2) on each side and the Chair would suggest if we have one (1) more on each side we could then close. So, Representative Mulligan, you would be next. Would you like to rise in support or in opposition?"

"So proceed, you have 5 minutes." 09500043.doc 129  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"So the rules would provide for one additional speaker in opposition. Seeking recognition, is Representative Rose, Representative Bradley and Representative Reis. Is there any direction for the Chair? Want Representative Reis to finish? Is that okay, Representative Rose and Bradley?"

"Yes."

Speaker Hannig: "We can stay as long as everyone wishes, Representative, I’m just trying to accommodate the Members. So, Representative Rose, you’ll be recognized for 5 minutes."

"He indicates he’ll yield."

"I’ve already answered that question."

Speaker Hannig: "Is there any further discussion? Representative Bradley." Bradley, J.: "Will the Sponsor yield?"

"He indicates he’ll yield." Bradley, J.: "Representative, are you for parental notice?"

"I believe that a young girl should first and foremost go to her parents whenever that’s a viable opportunity." 09500043.doc 133  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Bradley, J.: "So, when this original Bill was passed were you for parental notice?"

"I wasn’t here then." Bradley, J.: "Have you traditionally been for parental notice?"

"We’ve never had an enforceable parental notice law in Illinois." Bradley, J.: "I didn’t hear that, Representative, I’m sorry."

"We’ve never had a enforceable parental notice law in Illinois and last time there was an attempt to put one before this Body was House Bill 1900 several years ago filed by Representative Terry Parke at the time. And I, in fact, was able to successfully, with the majority of this Body, amend that Bill and help get it moved forward." Bradley, J.: "We’ve never had an enforceable parental notice Bill in this state."

"That’s correct." Bradley, J.: "Which meant that those Bills were not able to withstand court challenge. Which means that those Bills were not able to withstand court challenge."

"No, no, the one that is… the one that… the law that this seeks to amend has been enjoined as you are well aware by the Federal Court. It was enjoined on the basis that rules were not in place to safeguard a young woman’s ability to wind her way through the court system whether that was down in Marion or whether that was in Chicago. Those rules have now been promulgated by the Supreme Court." Bradley, J.: "So it was not up…"

"The …the attor… the attor… Well, it was not struck down; it was enjoined from enforcement." 09500043.doc 134  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Bradley, J.: "Right."

"With the understanding that once sufficient rules were put in place that it could be enforced. The Attorney General has taken the position now…" Bradley, J.: "Right."

"…before the Federal Court that sufficient rules are in place and that the law should be enforced, which is why I am seeking to actually amend this law. Well, here, before I go on, let me find out where you want to go." Bradley, J.: "So… so, when you take just in broad abstract terms, when you take the severability clause, out of a Bill and there’s no severability clause, then the Bill stands… the law stands or the law fails completely, correct?"

"Well, the… the…" Bradley, J.: "If the court struck down any portion of this language, if the court found any portion of this Bill to be unconstitutional, to not be enforceable, et cetera, then the entire Bill… the entire law and the entire parental notification for the State of Illinois would be repealed by virtue of that ruling by eliminating severability."

"Let me answer two things. One of which will require you to take me at face value personally and that is this, from the bottom of my heart, there has never been a discretion or an intention of using the removal of the severability clause in any way to weaken the underlying law. John, I give you my word and commitment on that. If there is a question about constitutional infirmity in this law, it is a question about the rules enforcement provision that is currently there before the Supreme… before the Federal 09500043.doc 135  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Court. Should the Federal Court deem those rules not to be sufficient, then whether or not this Bill were to pass the underlying law would then go back to an injunction and be unenforceable. Nothing that I have added, as I tried to address to the Gentleman from Schaumburg, nothing that I have added in this legislation raises constitutional questions." Bradley, J.: "Well, so, Representative, the white-haired Representative who sits next to me, whose name I won't mention so he can’t talk…"

"Wise Move." Bradley, J.: "…tells me never to question someone’s motives and that’s not my intention. But under the law, if this Bill, any part of it were deemed unconstitutional, if any part of it were struck down by a court, it would strike down the entire Bill, the entire law, and there would be no parental notification under this law, correct?"

"John, you’re my vice-chair person…" Bradley, J.: "I’m not saying that’s your intention, but that would be the result."

"No, there is nothing in the Bill that raises a constitutional question. While I was starting… I was going to compliment you, just let me finish."

"That’s you and my opinion. You don’t know that a court will do that."

"No, no, no, no. No, here’s what I was about to say. I respect your abilities and you respect mine. I’m not saying that it is your intention to do this, just as you're not questioning my motives, I’m not questioning yours. What 09500043.doc 136  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 I’m saying is I submit that I believe that that issue is a red herring…"

"Representative Bradley, your time has expired. Why don’t we let Representative Fritchey finish answering the question."

"Let me repeat my statement to the Representative and to everybody in this Body. There is nothing in the Bill that does not already exist in the '95 law that would create any constitutional question. If there is a constitutional question it exists in the existing '95 law that is present before the Federal Court. I will stand before every last one of you today and tell you I have not been part of any conversation, discussion, thought process, that there was an ulterior motive to the severability… to remove the severability clause. The only thought that I had in that was that there was no longer a need because the only remaining question is being addressed by the Federal Courts as we speak. The addition of additional adult family members, the provision of allowing a girl to go to a doctor as a means of alternative notice or in lieu of notice, does not raise a constitutional question in my opinion. I respect you for asking it; I’ve tried my sincerest to answer it fully. We can disagree, but I think if you and I were to sit down and have a constitutional discussion on this we'd come out on the same page. Thank you."

"Representative Ryg, 5 minutes."

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

"He indicates he’ll yield." 09500043.doc 137  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Thank you. Representative, in previous discussion there’s been talk about a young woman who may not be able to go to her parents for whatever reason and if she is able to go to another caring adult or qualified professional under this legislation, what happens when she goes to that person?"

"That’s a great question. Ladies and Gentlemen, I implore you to get by the politics. I implore you to get by the emotionally charged issue of abortion. That’s not what this Bill is about. This Bill is about what happens if she can’t go to an adult family member. Under the 1995 law that is being held in such high regard by some of you, she goes to a judge and the judge simply has to determine she’s mature enough to make a decision and it’s not in her best interest to talk to a family member. What I am saying is let’s give her the option to go to a medical professional. And Representative, to answer your question, when she goes to the medical professional they just don’t look at her and say, yeah, is she mature enough or not. The Bill spells out they have to talk to her. Have you thought about involving your parents? The judge doesn’t have to do that. They have to explain to her that she's not being coerce… coerced one way or the other. She has to be told about alternatives to an abortion. Keeping the child, putting the child up for an adoption; the judge doesn’t have to do any of that with her. They have to explain to her that she can change her mind at any time up to the procedure. The judge doesn’t have to explain that to her. They have to give her the opportunity to ask questions about pregnancy, abortion, childcare, adoption, the judge has to do none of that. They have to 09500043.doc 138  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 give her information and referral for additional information about abortion, and childcare, and adoption. The judge has to do none of that. You want a young girl to understand what situation she’s getting herself into by having an abortion or not having abortion, letting her consult with a medical professional to tell her what she is getting herself into. It’s not only the right thing to do, it's the compassionate thing to do, not sending her into a judge’s chambers. I hope that answers your question."

"Thank you. And to the Bill. I would just suggest that for those of us who really care about reducing abortions, that protecting a woman’s choice and it’s so ironic that we talk about interference in someone’s life by how we regulate the opportunities to buy and sell guns. That choice is really about having adequate information and the support from someone when you're too young to perhaps have the life experience needed to make this important decision. So, I would suggest that this legislation would actually provide a girl the support she needs, with all the information she needs to make a decision and… this legislation could actually achieve what we're all seeking. And that would be that abortion would be safe, legal, and in some cases, and in a lot of cases, hopefully, rare. Thank you."

"Representative Molaro, you have 5 minutes."

"Hopefully, it won't be that long. I wasn't going to get up, but you just said something, Representative… the Sponsor that I do have to ask. Would you yield for a question?"

"Indicates he'll yield." 09500043.doc 139  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"All right. Let me preface this by saying, if it comes to actually making sure that no one has these backroom or go to butchers and these girls are dying, I mean, who could be against that? Nobody is for that. But I got to tell you… you know I have three daughters, thank God they're a little older now. Not much older than fourteen, fifteen, or sixteen. And you know, they turn fourteen, fifteen and sixteen and I actually now understand what an exorcism is used for because somehow someone invaded these three girls during that fourteen to seventeen-year-old, they weren’t the same girl. And I got to tell you, you know, I am pro- choice, have never voted anything else, but I did vote for the parental notification, not parental consent 'cause I don't think we have the right… that they have to come and get my consent. They're sixteen years old. But I thought if you are fifteen years old and you are having an abortion and it is my daughter then I think my… when she goes to a doctor that the doctor maybe should call me or my wife up and say, I am going to notify you that tomorrow or in 48 hours I am going to perform this procedure on your fifteen- year-old daughter. I couldn't stop it, I don't believe I should be able to stop it. I don't believe I should be able to go to court or do anything, but I thought I should notify because of two things. First of all, I am her father, dammit and I should know about it. Second of all, if she got an abortion and I never knew about it, she gets depressed afterwards, I would have… I wouldn't even know that. So I thought it's important that I should know about it. And a question I think was asked by one of the 09500043.doc 140  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Representatives on the other side of the aisle. They said, 'What's the difference between can't and won't?' And then you brought up the example about incest and all of that. Well, in judicial bypass, a judge would stand there and say the father beat you, the father's incest and go through all the things of why a parent should not be notified. And I agree with that, but just to say she's embarrassed. So my fifteen-year-old daughter is embarrassed to talk to her parents. So therefore, she could go see a counselor and I don't have to be notified 'cause my daughter might be embarrassed to tell me. Now, if that's what the Bill does then I sort of have to be against the Bill. And the way you are explaining it, Representative, is that if my daughter goes to a counselor and she feels embarrassed to come to me and my wife and tell us that she doesn't want to talk to us about this abortion and she feels that she would be embarrassed. Now, if you are going to go through all this incest stuff, then you're going to lose me. I just want to know if she goes there and says I'm not worried about my father beating me or my mother, I'm just embarrassed, so I'd rather talk to a counselor than to talk to my mother and father. So this counselor is going to say, okay, after doing everything she can to talk her into seeing the parent's, my daughter's still going to say, no. So, she then could get… talk to this counselor and wait the 48 hours, get the abortion and I'm not notified? And then she gets the abortion and it is 4 months later and she is depressed and I don't even know why and her mother doesn't even know why and that’s help for me and my fifteen-year-old 09500043.doc 141  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 daughter? I just got to tell you, in that personal instant… and if you are going to answer the question and I hope you go to that personal instance, and the issues and the facts that I gave you and nothing else, do you feel it's right that I should not know about this?"

"It… I appreciate the way that you put the question. I appreciate the sincerity in the question. I… I think it's tragic that there is ever a circumstance where a girl can't go to her parent. Under the…"

"Okay. There you go with that can't."

"Listen here."

"Okay."

"That I think it is tragic that a girl does not go to her parents."

"Right."

"Under the 1995 law the judge simply makes two determinations. The judge determines that the minor is sufficiently mature and well enough informed to make the decision and that notification is not in the best interest. It doesn't set forth standards. So, I… I…"

"Does the counselor still have to do that? Does a counselor have to make that determination that it's not in the best interest 'cause if the judge says, no, I feel it is in the best interest, then I get notified. But if the counselor just stands there, what can the counselor tell my daughter, it's not in your best interest go talk to your parents?"

"I think the best way I can answer it is this, to the extent that is an infirmity in the Bill, it is an infirmity 09500043.doc 142  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 in the underlying law that you supported. One of the major concerns that was raised by opponents of the Bill back in 1995 was… you know what… they're going to find and ID all the pro-choice judges who are simply…"

"Representative Molaro, your 5 minutes have expired. So, Representative Fritchey, would you briefly finish your answer."

"Well, the concern was that they were going to find pro-choice judges that were simply going to rubber stamp all of these and again it really comes down to I have an unease and I don't mean any disrespect to the judges. But I have an unease. Judge are human, they're going to carry their human frailties one way or the other on this issues. They may… you may catch the judge on a bad day, you may have a judge with a crowded docket. You may have a judge that says, 'I'm never going to give bypass.' You may have a judge that says, 'I'm always going to do this, I don't care.' To the extent that that is a problem, it is a problem. The greater problem is a societal one, but that's one we can't legislate around. So, all I can try to do is say, if we can't address the greater problem, what can we do to try to be realistic and rational in a situation that none of us are comfortable with, none of us are comfortable with the thought that a fourteen-year-old girl is going to go… is going to be pregnant, let alone is going to go somewhere else for advice on this issues. But the reality is, under the '95 law, she can. The reality is under this law she could, but she would have the opportunity to hopefully get 09500043.doc 143  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 some medical guidance. I appreciate the question, though. Thank you."

"Representative Reis, you're recognized for 5 minutes."

"Okay. And you certainly will be recognized for that purpose. Representative Scully, you have five 5 minutes."

"Thank you, Mr. Speaker. To the Bill."

"To the Bill."

"Ladies and Gentlemen, a few minutes ago Representative Molaro rose up and gave some analogies… that was his perspective as a father of three teenage daughters. Well, I am going to give a slightly different perspective, I am the father of three girls in their twenties. And if one of my daughters had an abortion in the past 10 years, I had no right to know. There was no law that required my daughters to notify me. The Sponsor talked about the concept that… where a family… where a daughter wouldn't notify her parents, that there is something dysfunctional about that family. That's nonsense. My three daughters are intelligent, independent, strong-willed women. I don't assume that they would notify me. Quite frankly, I assume that once they had made their decision, they would then proceed in a straight line to carry out their decision. I am not confident, and I am… I have great relationship with my daughters. They are very good friends of mine, they are much better friends with my wife. But I don't think there's anything dysfunctional about a family where a daughter would choose to not notify her parents for a wide variety of reasons. I am a strong supporter of parental notification, 09500043.doc 146  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 as a father I think I had the right to know, because without knowledge I have no ability to help her, and it is my duty to help her. Thank you."

Speaker Hannig: "Representative Black, you have 5 minutes. Okay. Representative Miller, you have 5 minutes."

"Thank you, Mr. Speaker. To the Bill."

"To the Bill."

"I just want to… I support this Bill. As in this debate, we talk about abortion or pro-choice and pro-life and I don't think that's what this is about and wanted to make sure Members focus on that point. It's very easy to get sidetracked into other things. But unfortunately, all of us don't have stable homes or did not grow up in a stable homes. We know children from unstable environment who need protection. And to simplify this as a Bill for ear piercing or tongue splitting or a numerous other things it is just really… not onus, not responsible to this piece of legislation. It's simply apples and oranges. As a health care provider, as a doctor, I support this legislation and I urge the Members… the General Assembly to, too."

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

"Ladies and Gentlemen, I appreciate the debate today. I've got to make a brief comment. I have been here 11 years. The process of this Bill getting to this point has been the worst experience that I have had since I have been here. The threats that I've endured, the threats that my staff has endured, is something that has no place in this. I respect the fact that people disagree on this issue. I 09500043.doc 147  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 don't respect the fact that people have lied about it. I don't respect the misinformation. I don't respect the hate that has spewed from both sides candidly. As much as some people would like this to be, this is not a referendum on abortion. It is a referendum on protecting the health and safety of young women. Nobody is comfortable with a young girl finding herself pregnant. Nobody is comfortable with the thought that she can't go to her parents. But the question is, are we going to force that young girl to go into the chambers of a judge, who she has never seen or will never see again, or in addition to that will we give her the opportunity to go seek medical counseling about all of her options? This is not inherently a pro-choice Bill, Ladies and Gentlemen. Last fall on the East Coast a young girl let her parents know that she was pregnant. The response of there compassionate parents was to bind her and gag her and throw her in the back of a car and kidnap her to drag her across state lines to force her to get an abortion. She escaped from the car and called the police and the parents were arrested. Before I was a State Representative I was and am a father. Any of you that have spoken to me know that our young daughter is the center of my life. God forbid she would find herself in this situation, God forbid for some reason she felt that she could not come to her mother or I. I can't envision that for the life of me happ… that happening, but heaven help all of us if it did. But if that did happen I would want to know that she would be able to get advice and counseling to protect her health and safety. This Bill is about the daughters of Illinois, not the 09500043.doc 148  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 daughters with good families, not every family are the Cleavers and the Cosbys. It's about the daughters and families that have no choice but to go somewhere else and where we're going to force them to go. Opponents of this legislation and related Bills have referred to Illinois as a dumping ground for young girls seeking abortion because they come in from surrounding states or guess what, Ladies and Gentlemen, those surrounding states have notice laws that solely have judicial bypass, and if judicial bypass worked, they wouldn't be coming to Illinois. They come to Illinois because judicial bypass as the only alterative, doesn't work. It is a calculated attempt to prevent girls from getting abortions. This is not a calculated attempt to allow girls to get an abortion. It is a calculated attempt to allow girls to get the advice they need to make a decision. Please don't think that you're voting about the woman's right to choose. You're voting about whether or not you care about the health and safety of young girls. No more or no less. Thank you all."

"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 Acevedo, do you wish to be recorded? Mr. Clerk, take the record. Representative Fritchey, do you request Postponed? It's your call. Postponed?"

"I want a Roll Call, Speaker."

"Okay. So on this question, there are 55 voting 'yes', and 62 voting 'no' and the Bill fails. We're going to 09500043.doc 149  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 move for a time to the Order of House Bills-Second Reading where we know that there are Amendments pending. So I would suggest that the Members be prepared to offer their Amendments so that we can move the Bills to Third. And then later we'll come back to Third Reading this evening. Mr. Clerk, would you read the Rules Report."

"Representative Joyce, you have House Bill 818 and it's… the Amendment's been approved by the Rules Committee. Would you like us to read that? The Rules Committee has recently approved a House Amendment #2. So Mr. Clerk, read the Bill. House Bill 818. Mr. Clerk, read the Bill."

"Representative Joyce."

"Yes. Mr. Speaker, Ladies and Gentlemen of the House, House Amendment #2 simply exempts out firms and industrial parks from complying with the underlying Bill."

"The Gentleman moves for the adoption of Floor Amendment #2. All in favor say 'aye'… Excuse me. Representative Schmitz, do you rise on the Amendment?"

"Yes, the Gentleman will yield."

"That's correct and I actually… Yes, that's correct."

"The intent of this was from the committee and it was those retail electric suppliers who use their own electric distribution facilities. So that's why they're being exempted out. It's their own that they control forever."

"They have their own distribution facility on-site, so that’s… that’s why. And they're…" 09500043.doc 151  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

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

"So, we'll have to hold this on the Order of Second Reading. Representative Howard, you have House Bill 1021. Mr. Clerk, read the Bill."

"Representative Howard."

"House Amendment #3, Mr. Speaker, replaces the previous retirement set forth in House Amendment #1 that this Bill pertains to vendors in a current contract with the municipality of five hundred thousand (500,000) or more population, thereby limiting the pool of vendors that may avoid the competitive bidding process in these situations."

"Is there 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. Representative Collins, you have House Bill 1050. Mr. Clerk, read the Bill." 09500043.doc 152  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Representative Collins on the Amendment."

"Yes. I would like to adopt Amendment #1 to House Bill 1050. This is an Amendment that the sheriffs have offered so they will be neutral on the Bill."

"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 Howard, you have House Bill 1294. Mr. Clerk, read the Bill."

Speaker Hannig: "So, Amendments #2 and #3, Representative, what's your intention on Amendment #2?"

"I will table Amendment #2."

"So the Lady withdraws Amendment #2 and what's your intentions on Amendment #3? Do you wish to adopt it? Okay."

"Mr. Speaker, I'd like to make a correction. I'd like to Motion do adopt Amendment #2." 09500043.doc 153  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"So we'll move back to Amendment #2. The Lady moves that we reconsider the vote and we'll use the Attendance Roll Call. The vote is reconsidered and now Amendment #2."

"Amendment #2 is a gut and replace Amendment that retains the original intent of the underlying Bill while further restricting those eligible for the benefits of expanded certificates of good conduct. This Amendment retains the provisions added by Amendment #1 which specifies that a certificate of good conduct does not relieve any offender of an employment-related prohibition that would prevent his or her employment by the Department of Corrections."

"Is there any discussion? Then all in favor of the Lady's Amendment say 'aye; apposed 'nay'. The 'ayes' have it. And the Amendment is adopted. And now, on Amendment #3, Representative Howard."

"Amendment #3 amends the employer immunity section of #2 to provide an exception for cases of willful and wanton misconduct. This type of exception is commonly found in immunity provisions. Will…"

"The Lady moves to adopt Amendment #3. All in favor say 'aye; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"

"Third Reading. Representative Granberg, you have House Bill 1496. Mr. Clerk, read the Bill."

"Representative Granberg on the Amendment."

"Thank you. The Amendment is adopted at the request of the Department of Commerce and Economic Opportunity. I have fulfilled my commitment that I made in committee. It simply provides subject to appropriation and defines responsibilities of the program to be included under DCEO. I would move for its adoption."

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

"Third Reading. Representative Acevedo on House Bill 1557. Mr. Clerk, read the Bill."

"Representative Acevedo."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment… I ask for adoption of House Amendment #1. Provides that the limitations on the award of good conduct credit to no more than seven 7.5 days good conduct credit for each of the prisoner's sentence of imprisonment applies to only gunrunning, Class X felony 09500043.doc 155  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 money laundering, the Class X felony of drug violations. Be happy to answer any questions."

"The Gentlemen moves for the adoption of Floor Amendment #2. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"

"Third Reading. Representative Beaubien on House Bill 1622. The Amendment is out of Rules, Representative. Amendment #2. Okay. So he wishes to take it out of the record. Representative Joyce on House Bill 1728. Representative Joyce. Okay. Mr. Clerk, read the Bill."

"Representative Joyce."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #2 to House Bill 1728 is an agreement with the department… two departments with AFSCME, with the industry. And what it does is it gets after getting permanent background checks into one system that the department will develop and maintain over time. And once someone is a health care worker who has a background check, that has access to the information of any resident within a nursing home, they will be in that system forever. And when 09500043.doc 156  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 they go and maybe le… there's a huge turnover within the different nursing homes right now, and some say that it’s 100 percent turnover, but once they're in the system, once they're in the computer of the department, they will be in that system forever and they don't have to have the… each time they get hired by a new company, they don't have to go through that background check. I ask for the adoption and would be happy to ask any questions."

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

"Representative Osterman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #1 deals with condo conversions and requires that and if… landlords that do not provide notice on a condo conversion to tenants, there are certain penalties that tenants would be able to get access to. And I ask for an 'aye' vote."

"Is there any discussion? Then all in favor of the Gentleman's Motion to adopt the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?" 09500043.doc 157  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Third Reading. Representative Jefferies, you have House Bill 2734. Mr. Clerk, read the Bill."

Speaker Hannig: "So Representative Jefferies, what's your intention on Amendment #1?"

"Thank you, Mr. Speaker and Members of the House. This Amendment for House Bill 2734, I'm asking for adoption for the Amendment for #2."

"This is actually Amendment #1."

"And to adopt all three."

"Do you wish to adopt all three?"

"Yes."

"Okay. So, on Amendment #1 the Represen…"

"Number 3."

"Do you wish to adopt all, 1, 2 and 3. Just#3."

"The third one."

"Okay."

"The third one."

"Okay. Representative Molaro is shown as the Sponsor of Amendments #1 and 2. Did you wish to withdraw those, Representative? The Lady advises us, Representative Molaro, that she only wishes to go with Amendment #3. So the Gentleman… Representative Molaro withdraws Amendments 1 and 2. And now, Mr. Clerk, the Lady wishes to present Amendment 09500043.doc 158  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 #3. So Representative Jefferies on Amendment #3. Please present it and then we'll adopt it."

"Thank you, Mr. Speaker and Members of the House. This is a Smart Act Bill… and it calls for the creation of nationwide drug schools… statewide drug schools. This Amendment makes the program subject to appropriations."

Speaker Hannig: "And on the Amendment, the Gentleman from Vermilion, Representative Black."

"She indicates she'll yield."

"This becomes the Bill."

"This would make… this would make it subject to appropriations."

"Instead of through grants."

"The Amendment #3 has been negotiated with the House… with the other Department of Human Services."

"Yes."

"That's correct."

"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 Biggins, you have House Bill 3649. Mr. Clerk, read the Bill."

"Representative Biggins."

"I'm sorry, Representative Biggins, what was your request?"

Speaker Hannig: "So Representative Dunn will present the Amendment? Representative Dunn. Oh, who would… who would…"

"So… so, you wish to with… for us to withdraw the Amendment?"

"Okay. So, the Amendment is withdrawn. Are there any further Amendments?"

"Third Reading. Representative Brosnahan, you have House Bill 1798. Would you like us to read that Bill? No, it's on Second Reading. We'd like to move it to Third. Mr. Clerk, read the Bill."

"Third Reading. Representative Bradley, you have you have House Bill 1956. Mr. Clerk, read the Bill."

"Representative Bradley." Bradley, J.: "Thank you, Mr. Speaker. This is a pilot program for down in our area. It's an agreement worked out between the Attorney General's Office, the Illinois Retail Merchants and other interested pharmaceuticals. Ask that it be adopted." 09500043.doc 161  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

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

"Third Reading. Representative Crespo, you have House Bill 876. You wish us to read that on Second? Mr. Clerk, read the Bill."

"Do you wish to move it to Third? Okay. I'm advised there's an Amendment in Rules Committee. So I don't know what your intentions are, Representative Crespo."

"We want to move it and remove the Amendment."

"Do you want to move it without the Amendment?"

"Without the Amendment. Correct."

"Okay. So, Third Reading. Representative Verschoore on House Bill 3382. Mr. Clerk, read the Bill."

"Third Reading. Representative Howard, you have House Bill 2184. Mr. Clerk… Do you wish us to read the Bill, Representative? 2184. Representative Howard, shall we read 2184 on Second? Mr. Clerk, read the Bill."

"Okay. So, this will be out of the record at the request of the Sponsor. Representative Molaro on House Bill 1696. Read the Bill, Mr. Clerk."

Speaker Hannig: "Representative Molaro, would you like to present the Amendment?"

"Oh, yeah. Oh. I forgot about this. Thank you for your indulgence, Mr. Speaker, that is very nice of you. Yeah, well, we changed what the Bill talked about that you had to tell the State Police. Now we were in committee and someone says, oh, can it just be the local police? So I said State Police or local police. So it's a small… small Amendment."

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

"Third Reading. Representative Hoffman, you have House Bill 928. Mr. Clerk, read the Bill."

"Amendments 1 and 3, Representative. What’s your intentions on Amendment #1?"

"I would like to adopt Amendment #1."

"Why don't you explain Amendment #1, and we'll proceed."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #1 indicates that with regard to the Workers' Compensation Act, basically for firefighters and emergency medical technicians, that a presumption would be a rebuttable presumption and provides for a rebuttable presumption if the diseases or conditions which would be either blood borne pathogens, lung or respiratory diseases, heart or vascular diseases, et cetera, that are listed in the Bill were present, there would be a rebuttable presumption that this happened on the job."

"All in favor of the Gentleman’s Amendment say 'aye; opposed 'nay'. The 'ayes' have it. And the Amendment is adopted. And on Amendment #3, Representative Hoffman."

"Amendment #3 further clarifies Amendment #1 by saying that the rebuttable presumption only applies to provisions described in the Bill and not to other subsections and will not apply to items such as retirement or disability decisions."

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

"Third Reading. Representative Coulson, you have House Bill 693. Representative Coulson, 693. Mr. Clerk, read the Bill."

"So, Representative Coulson, you have Amendments 2 and 3. You have Amendments 2 and 3. What is your intentions on Amendment #2? You have Amendments 2 and 3 pending."

"Just hold it? Okay. We'll hold it on Second. Out of the record. Representative Flider on House Bill 2020. Representative Flider. Out of the record. Representative Flowers on House Bill 1338. Do you wish us to read that? Mr. Clerk, read the Bill."

"Representative Flowers on the Amendment."

"Thank you, Mr. Speaker. Amendment #1 would merely limit it to Chicago."

"Is there any discussion? Then all in favor say 'aye; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?" 09500043.doc 165  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Third Reading. Representative Ramey on House Bill 3341. Shall we read that Bill, on Second? I'm sorry. Did you wish us to read this, Representative? So, out of the record. Representative Saviano on House Bill 2995. Mr. Clerk, read the Bill."

"Representative Saviano."

Speaker Hannig: "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 Saviano, you have House Bill 2926. Do you wish us to read that Bill? Out of the record. Representative Joyce on House Bill 1040. Read the Bill, Mr. Clerk."

"Third Reading, Mr. Clerk. And Mr. Clerk, Representative Saviano has asked us to return to House Bill 2926. So are there any Amendments?"

"So, Representative Saviano, again, I'm… Yeah. Okay. So, out of the record. Representative Harris on House Bill 1826. Do you wish us to read that? Mr. Clerk, read the Bill."

Speaker Hannig: "Just to move that to Third then, Representative? Third Reading. Third Reading. Representative Brosnahan on 1798. Do you wish us to read that Bill? Out of the record. Representative Molaro, you have House Bill 1696. Excuse me, we've already moved that Bill. Representative Jakobsson on House Bill 1453. Do you wish us to read that Bill? Mr. Clerk, read the Bill."

"Representative Jakobsson."

"Thank you, Mr. Speaker. This Bill, in general, addresses and requires a group health plan to disclose 09500043.doc 167  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 summary health information to the plan sponsor and the Amendment says that if a sponsor… the sponsor with 50 (fifty) or more employees. And so I would like to have the second… this Amendment put on there."

"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 Jefferson, you have House Bill 1141. Do you wish us to read that Bill, on Second? Mr. Clerk, read the Bill."

"Representative Jefferson on the Amendment."

"Number 2."

"Representative Jakobsson?"

"Move to adopt Floor Amendment #2."

"I'm sorry. Jefferson on the Amendment."

"Move to adopt Floor Amendment #2, Mr. Speaker."

"Is there 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. Representative Joyce, you have House Bill 1727. Mr. Clerk, read the Bill."

"Representative Joyce on Amendment #5."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment 5 simply removes the penalty and fines provision of the Bill. I'd ask for its adoption and would be happy to ask answer questions."

"Is there 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 Joyce, you have House Bill 818. Excuse me, we did that one, previously. So that's out of the record. Representative Flider, do you wish us to read House Bill 2020? Out of the record. Representative Mautino, you have House Bill 380. 380. It's on Second. Should we move it to Third? Mr. Clerk, why don't you read the Bill a second time and hold it."

"So, Representative Mautino, you wish us to hold the Bill on Second, is that correct? Okay. We'll hold it on Second. Representative McCarthy on House Bill 2632. Out of the record. Representative Phelps on House Bill 1847. Mr. Clerk, on House Bill 1847, do we have any Amendments? What's the status of the Amendments?"

Speaker Hannig: "Okay. Okay. I'm sorry, Representative Phelps."

"That’s fine."

"That Bill moved earlier. Representative Smith on House 2006. Do you wish us to move that to Third? Representative Smith? He's out of the record. Okay. Representative Saviano, you have House Bill 126 on Second Reading. 126. Did you wish us to read that, Representative? So, read the Bill, Mr. Clerk."

"So, Representative, do you wish us to move this to Third?"

"Okay. So, Third Reading. Representative Coladipietro, you have House Bill 3767. Out of the record. 09500043.doc 170  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Representative Coulson, you have House Bill 3764. Do you wish us to read that? Representative Coulson? Okay. Do you wish us to read the Bill? Okay. Read the Bill, Mr. Clerk."

"Third Reading. Representative Munson, you have House Bill 3416. Read the Bill, Mr. Clerk."

"Okay. Representative, the Clerk advises me there's an Amendment in Rules. Did you want to go without the Amendment or do you want to wait for the Amendment?"

"Okay. So, we will wait for the Amendment. So that's out of the record. Representative Reboletti on House Bill 3662. Out of the record. Representative Osmond on House Bill 3441. Mr. Clerk, read the Bill."

"Okay. So again, I'm advised that there's a Floor Amendment in Rules, Representative."

"So, you just want to… okay."

"So, Mr. Clerk, Third Reading. Representative Hamos on House Bill 1331. Mr. Clerk, read the Bill."

"Third Reading. And Representative Lindner on House Bill 1104. Representative Lindner."

"Okay. On Amendment #1."

"Let's have the Clerk read the Bill."

"Representative Lindner."

"Is there 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. Representative Reitz on House Bill 282. Mr. Clerk, read the Bill."

"Representative Reitz."

"Thank you. House Amendment 1 just clarifies language in a subsequent section on the Bill dealing with serving property tax notices."

"Is there 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. Representative Eddy on House Bill 1651. Mr. Clerk, read the Bill."

"Third Reading. And Representative Poe on 2194. House Bil1 2194. Mr. Clerk, read the Bill."

"Representative Poe."

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

"Third Reading. Representative Miller, you have House Bill 1723. Mr. Clerk, read the Bill."

"Apparently, there's an Amendment in Rules, I'm advised. Do you want to move it without the Amendment?"

"No. We're going to table that Amend… Amendment #2."

"So, you just… she want to move the Bill to Third?"

"Just move it… just move the Bill up to Third. Thanks."

"Yeah. So, we'll move the Bill… we'll move the Bill to Third. Third Reading, Mr. Clerk. And Representative Smith, you have House Bill 2006. Do you wish to read that Bill on Second? Mr. Clerk, read the Bill."

"On the Amendment, Representative Smith." 09500043.doc 174  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Thank you, Mr. Speaker. This Amendment would simply change the effective date of the Bill, it was a drafting error. It would add the effective date of July 1, 2007."

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

"Third Reading. Representative John Bradley, you have House Bill 2315. Out of the record. Representative Cross, we're going to move to the Order of Third Readings now. And Representative Cross, you have House Bill 1346. Mr. Clerk, read the Bill."

"Representative Cross."

"This on the Order of Short Debate. Does any one 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 117 voting 'yes' and 09500043.doc 175  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Arroyo on House Bill 3434. Mr. Clerk, read the Bill."

Representative Arroyo."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill asks the State of… Department of Revenue to study what it will take to put TIF information on individual property tax bills. Illinois has almost one thousand (1,000) TIF districts statewide. This is a statewide issue as to us of this financial tool grows. This needs current information and also grows to clear… to clear up any misinformation. This Bill passed out of Revenue Committee with a unanimous vote and I know that there's no opponents to this Bill. Thank you for your consideration. I would ask for a favorable vote."

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

"He indicates he'll yield."

"Yes. I don't know of any."

"Okay. Yes, I think… No, I'm not sure if it changed or not."

"This burden… This is no burden on them, but this doesn't impose… no… burden on the treasurers office at all, that I'm aware of."

"Are they opposed? I think so."

"Yes."

"I think that would be it."

"No, they're not. I don't see that on the Bill, Sir. Yes."

"I believe this is… probably what they worried about is, if it's going to cost anything or it is no burden to them, I guess. This is just a study to see if we can put it on the tax bill. I have a copy in one hand and it's only one line at Williamson County. And I don't know why their opposition to the Bill would be. It doesn't state what it is."

"Absolutely." 09500043.doc 177  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Yes."

"The Gentleman from Vermilion, Representative Black."

"He indicates he'll yield."

"We're just trying to make a determination…"

"…if it's feasible."

"Absolutely."

"It's just a study.

Any further discussion? Representative Arroyo to close."

"I ask for a favorable vote. Thank you, Members of the House."

"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 Bassi, Beaubien, Durkin, 09500043.doc 179  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Meyer, Schmitz, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 70 voting 'yes' and 46 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Phelps, you have House Bill 988. Representative Phelps. Out of the record. Representative Crespo on House Bill 1434. Mr. Clerk, read the Bill."

"The Gentleman from Cook County, Representative Crespo."

"Thank you Speaker, Members of the House. House Bill 1434 allows Harper College to implement a pilot program to offer two bachelor degrees: one in Public Safety/Homeland Security and the other one is IT management. These programs were identified has a need by local employers and local fire and police departments. And I'll real quickly I will read the list of the supporters as well as the folks that told us they need these bachelor degrees. And they are the North Suburban Association of Chiefs of Police, the Illinois Council Police Local 7, the Hoffman Estates Police Department, the Palatine Police Department, the Des Plaines Police Department, the Illinois Fire Chiefs Association, the Hoffman Estates Fire Department, the Palatine Rural Fire Department, as well. We also have some businesses in the area that have asked for these bachelor programs and our support of this Bill as well, and they are: the Corporate Headquarters of Square D located in Palatine, Kimbell Hill 09500043.doc 180  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Homes, Automatic Mechanical Services in Arlington Heights, Northrop Grumman in Rolling Meadows, Northwest Community Healthcare in Arlington Heights, St. Alexius Hospital, the Alexian Brothers Medical Center, Good Shepherd Hospital, and the Illinois Hospital Association. In addition to those folks, we also have the Cook County College Teachers Union Local 1600 in support with the businesses of Wheeling and Hoffman Estates, the City Colleges of Chicago and the Hoffman Estates Chamber of Commerce. The key points I need to make with this Bill are number 1) it does not cost taxpayers nor the state a penny to implement the pilot program. It sunsets after 4 years once it is implemented, which basically means if this Bill passes or when it does pass it will take Harper College approximately 2 years to get accredited. After that, you'll apply the… the 4 years of the pilot program, that takes us to the year 2013. Finally, the public universities do have the right of first refusal. I first became interested in this Bill when Representative Susan Bassi brought it up in the 94th Assembly. Back then, it included a nursing program. My wife being a nurse, I understand that there is a dire need to have more nurses out there. Northern Illinois University stepped in, they did use the right of first refusal and they now actually offer the nursing program at Harper College. I'll be more than happy to answer any questions."

Speaker Hannig: "This is on the Order of Standard Debate. Representative Bost, you're recognized for 5 minutes."

"He indicates he'll yield."

"Well, I think, number 1) their core of competency has been to offer associate degrees. They have been doing that for 40 years. Their mission also is to meet the needs of the residents in the district that they serve. And I think in 40 years, Representative, those needs have changed a whole lot, including family dynamics. You have two-income families nowadays compared to forty (40) years ago. And I think that's basically their mission."

"Well, actually, when I came with the Bill, Representative, I saw this really as a local issue. We're not asking to offer this pilot program to all the colleges or community colleges in the State of Illinois. The board of trustees at Harper College almost unanimously voted for 09500043.doc 182  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 this thing and that's why to me it made sense to me to take it to Local Government."

"Well, the standing of Harper has been, since this was first brought up in the 94th Assembly, is to welcome any 4- year institutions to go in and meet the needs that have been stated by the people in the district. That’s how and why NIU came in and that's why they're offering the… the nursing program. And Harper has gone on record saying that they're so open to that. If there's a 4-year institution willing to come in and meet the needs of the local district, they're willing to let them in and do that."

"So we have had one (1) speak in favor now and one (1) in opposition. Representative Black, you're recognized for 5 minutes."

"Representative, your time has expired. Could you bring your remarks to a close?" 09500043.doc 186  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Representative…"

"Okay. So, we've now had two in support and one in opposition. Representative Stephens, which side would you like to speak on?"

"Proceed."

"Okay. So, Representative Stephens has asked for a verification and will be recognized for that purpose if it's needed. So, Representative Pritchard is recognized and which side would you like to speak on, Representative?"

"Okay. So you have 5 minutes."

"He indicates he'll yield."

"Well, number 1), Representative, they did conduct an independent survey several years ago of twelve hundred (1200) residents in the northwest suburbs and they found out that over 66 percent of the Harper district residents indicated a very strong need for Harper College to offer selected bachelor's degrees. Only 5 percent, again only 5 percent of those surveyed said that there was no need. That coupled with the fact that as a former trustee in Hoffman Estates, I worked very closely with our police department and our fire department. We have a great deputy Fire Chief, John Mayor, who's had an associate degree for over 10 years, family man has three kids, he does not have the time to go beyond the Harper area."

"Correct."

"The nursing program was introduced last time in the 94th Assembly and the 4-year institutions do have the right of first refusal."

"That’s correct."

"You know, Representative, that’s a very good question, that is the same question I had, because Northern Illinois University does sit in Hoffman Estates. I know the board members and I did take a look at the program they offered at NIU and I'll read this to you. It's a program that's based on industrial technology. And it's pretty much… it only concentrates mostly on higher level industrial applications and would…"

"Sir, we… we have… they have offered… they have extended that offer to NIU and NIU hasn't stepped in. NIU, I'll tell you furthermore, because you probably have that in your records there, they do offer a Homeland Security/Public Safety."

"But you know… but you know what, Representative, it's a certificate, it is not a bachelor's degree and I think you 09500043.doc 191  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 know as well as I know and many of us know, an associate degree which is a good program, don't get me wrong, does go a long way, but nowadays most employers are asking for a bachelor's degree. And the employers in my district are pretty much telling us the same thing. We don't need an associate's degree, we need a bachelor's degree to make sure these folks can operate in the industry."

"The rules of Standard Debate provide for one (1) additional speaker in support. So Representative Lang, are you in support?"

"Yes, Sir."

"Okay. So, you have 5 minutes."

"Thank you. I rise in support of the Gentleman's Bill. You know, Ladies and Gentlemen, I am a very strong supporter of our 4-year universities. I'm a very strong supporter of the programs they provide and I spend a lot of time, as many of you do, on the floor trying to find them more money, more professors, better opportunities and more scholarship money, et cetera, et cetera. And I think it's great that we have Legislators standing on the floor defending the university system as we have it. But I find it curious actually that when you look at the opponents and proponents on our analysis, we see that all the opponents are the 4-year universities. Now, Ladies and Gentlemen, you know, I don't know that the university system is a place where we ought to foster that kind of competition between and amongst them. The community college system in our state is great. We have one of the best community college systems in America right here in the State of Illinois and how fortunate we are. We 09500043.doc 193  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 have some of the greatest 4-year universities in America right here in our state and fortunate we are. But some of the rhetoric here is starting to sound like we're pitting some against the other. We have a huge university and community college system in this state and it ought to be used as such. We ought not to be pitting one against the other and to talk about the Gentleman's Bill in a way that makes it sound like he's trying to steal something away from our major universities is just silliness. The Gentleman, if you take a look at this Bill carefully, has simply a pilot program to try a couple of opportunities for a 4-year degree at Harper College. What's the big deal? A couple of chances. Perhaps the major universities in our state, and I'm a graduate of the University of Illinois, a proud graduate, perhaps they'll find out that this ends up being good for them. Perhaps we'll find out as a Body that this is good for the educational system of our state. What are we afraid of? The Gentleman's not proposing that every community college in the state get to have a 4-year program on everything we could possibly teach in our state. He wants a small pilot program to test it out in one (1) community college. What's the big deal? It's a small Bill. The Gentleman represents the area where the college is. He's representing his constituents, but all of us or at least many of us have constituents that go to Harper College and the Gentleman is simply asking to give this college a chance to experiment. Isn't that what our university system and our community college system ought to be about in the first place? Experimenting to have the best possible 09500043.doc 194  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 education we can have. So Ladies and Gentlemen, the Gentleman's got a good Bill. I'm a strong defender of the University of Illinois and other universities in our state, but they're simply wrong here. We should not allow them to convince us to make this a competitive program. We have a responsibility to allow everyone in the State of Illinois that wishes to avail themselves of a college education the opportunity to do that. That’s what the Gentleman's trying to do, a small pilot program. Why don't we give him a chance to do it and after he does it, if he comes back in a few years and asks to expand it, then we can ask him questions like, well how is it working? Has it diminished our major universities, our larger universities? Those would be legitimate questions but not today. For today, it's a small pilot program to help people go to college. Isn't that what we ought to be about here? I would urge ‘aye’ votes."

"Under the rules of debate, we've now had 3 on each side, and Representative Crespo, you're recognized to close."

"Well, thank you, Speaker. And I want to thank all of the Representatives who spoke to the… to this Bill. I have a lot of respect for all of you. I want to clarify a couple of things. Number 1) if for 1 second I thought that Harper College had intentions of becoming a 4-year institution I would have not taken this Bill. They're very good at what they do. They serve my community well. I also have Elgin Community College serving my district as well. They need to continue doing what they do. All they're 09500043.doc 195  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 asking us is to let them try a pilot program. Folks, we all care about the 4-year institutions. Many of us have benefited from it, many of us went through those schools or we're paying a zillion dollars in tuition for our kids. We want to take care of our 4-year institutions. However, we also have an obligation to take care of the needs of the district that we represent. And folks, at the end of the day if I have to choose between the two, I'm going to represent the folks in my district. Especially, especially in this case, I'm not taking anything away from the 4-year institutions. That discussion will take place in the year 2013 only, only if this pilot proves to be successful. If not, it's a moot point. Yes, and on this note, the Illinois Community College Board had a task force several years ago. And there have been several task forces in the last 5 or 6 years but no action. The task force from the Illinois Community College, if I read verbatim that state, 'the consideration of any approach involving expanded degree granting authority for community college should be undertaken only in specific instances where it would meet a clearly identified unmet need… unmet work force need that exists in the college district and is in keeping with the college mission of serving this community.' And that's exactly what we're trying to do here. So again, I appreciate all the comments and I'm hoping to get enough 'aye' votes here today. 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 09500043.doc 196  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 voted who wish? Have all voted who wish? Representative Brauer, do you wish to be recorded? Mr. Clerk, take the record. Representative Stephens, do you persist in the verification request? Okay. So the Gentleman withdraws his request for a verification. And on this question, there are 69 voting 'yes', 48 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 1958."

"The Lady from Cook, Representative Mendoza."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1958 is a Bill that I think I've spoken to almost every single individual in this chamber about the cell phone lemon law. Very simple concept, what it would require is that upon the third time that a customer has to either have their phone repaired or exchanged as a result of a problem with the actual cellular phone and not a problem caused by the actual customer, that the individual at that point would have an option of after a third, frustrating episode of a phone that does not work, be able to exit their contract if they're fed up, without having to pay a penalty or stay within their service provider if they're happy with the service provider but just very unhappy with that particular unit of phone. And have the option of either upgrading or downgrading. If they upgrade they would be responsible for paying the difference in the upgrade and if they downgrade they would be credited the difference in the upgrade… in the downgrade… in the cost of that downgrade. I 09500043.doc 197  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 think it's a very, very good step in terms of protecting the customer and the consumer. And I would strongly advocate for an 'aye' vote but would be happy to answer any questions that you may have."

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

Speaker Hannig: "Representative Black, your 5 minutes have expired. Could you bring your remarks to a close, please?"

"Representative Dunn."

"She indicates she'll yield."

"No, I went ahead and removed that at the request of the committee."

"I did. As a matter of fact, I… the language that is part of the Amendment that deals with clarifying what constitutes customer fault. For example, a broken display, water damage, things that an agent could see are obviously not issues that arose with that particular unit, but something that the customer caused to happen. We clearly added an Amendment… I should say I added an Amendment that I received the language directly from Verizon, made no changes to that language and incorporated it into the Bill, even though the committee didn't ask me to do that. I thought it was important if we could make the Bill better by making it clearer and protecting also the business from not having to deal with issues of… I don’t want to make my customer feel at fault even though I know they are. I think it was important to clarify that language, and that's why I added that Amendment that I received directly from the industry. Nonetheless, they're still opposed."

"To the Bill."

Speaker Hannig: "Any further discussion? Representative Durkin." 09500043.doc 204  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"Indicates she'll yield."

"The contract is with the provider."

"Yeah, for example, Verizon, T-Mobile, Cingular. You name it."

"They do not, but they serve as an agent to that manufacturer."

"Yes. If you go to Best Buy and buy a TV and it's broken, you don’t return it to Samsung or Toshiba. You take it back to Best Buy and they settle the issue for you. It's the exact same scenario here. You enter into a contract with the provider for that phone and the service, so both should work."

"Well, that's the policy for the entire retail industry and if… again…"

"But currently… you do take your phone back to your provider. You don’t go directly to Nokia, or Samsung, or Motorola. You go directly to the provider and then they deal with their contract that they have with the provider… with the manufacturer. They return that faulty product to the manufacturer and the manufacturer then reimburses them for a product that's no good. So they don't lose money. And you take it up directly with the people that you signed the contract with."

"Excuse me, what was your ques…?"

"Typically, two (2) years."

"No, that's set by the provider." 09500043.doc 207  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007

"So, you can enter into a two-year contract or whatever it is that they're offering."

"I don’t think I stipulated that. So, I would assume it would take effect on January 1 of the following year."

"No…"

"New contracts. It's stipulated in the Bill. If when you enter in a new contract, that's… I believe the language of the Bill. Yeah. The retail sale of the wireless cell phone."

"No, it would not, because before you can say that your phone's not working, they troubleshoot it for you. So, if it's an issue of you not understanding the phone, you would be made aware of that or an issue of you not understanding the software…"

"Representative, your time has expired. So, we'll let the Lady answer… finish answering the question. Will you finish answering the question?"

"Thank you, Sir. Yes, if it's an issue of not understanding the software or just not having a full grasp of how that works, they would let you know through the troubleshooting that it's not a problem with the phone, but you just haven't figured out how to properly work it. That would not count."

"Representative, your time has expired."

Speaker Hannig: "How many more questions do you have, Representative?"

"Okay, proceed."

"I clarified that. I clarified that in the Amendment that the Verizon industry representatives gave me themselves. So…"

"Well, I am not an attorney, Representative, unlike you, unfortunately, but… or some might say fortunately, right? But…"

"But I would say that…"

"Right, but we're talking about the right of the consumer to have relief, when the people who are in the 09500043.doc 210  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 contract are not meeting their obligation to that contract. So, at that point we do have…"

"Representative Franks, you are recognized for 5 minutes."

"Thank you. I'd like to speak to the Bill. I had the privilege of sitting with Representative Mendoza when she presented this in committee. And we heard some of the arguments today. And I want you to look at the proponents of this Bill and who likes this Bill. We have the AARP, the Citizens Utility Board, Citizen Action (sic–Illinois), and there's good reasons for that. We heard outrageous arguments, quite frankly, in committee that were debunked. Arguments today don’t have much better validity. We heard from one speaker that we shouldn’t hold retailers 09500043.doc 211  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 responsible for the goods that they sell. Well, that's absurd. It is well established, in law, that they are responsible. That's what happens every day in this country. The argument that this law would somehow be violative of the contract clause of the Constitution again has no merit. This Bill is analogous to the Car Lemon Law which has passed constitutional muster and is used every day. We had another argument that this was somehow a regulation of wireless service. This is not regulation of wireless service. This Bill does not apply if your only complaint is that your service is poor. This Bill won't apply if, you simply don’t like your phone. This Bill won't apply if like my wife, you've dropped your cell phone in the toilet twice. Because that is your… it happens, twice, not once but twice. Yeah, I know. Yeah, I will pay for that one. This is a very simple Bill. The consumer should get what you contract for. After three (3) lemons the consumer has been inconvenienced enough. Give the consumer the option to either upgrade, downgrade, or get out of the contract. That's all this Bill does. Whatever you do, whenever you go and buy something, if you go and your TV is broken… we had that example from Representative Mendoza, and you go to Best Buy and you buy a TV and you have to bring it back. And then they send it back again and it's broken again. And after the third time, they're probably just going to give you a new set. That's what happens every day. But the problem is, the difference is, you don’t have a contract with those folks. And here, you do, when you deal with the wireless folks. And as a result, the consumers are at a decided disadvantage. And 09500043.doc 212  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 this simply levels the playing field and allows them to make a choice. That's all it does. And the arguments of… the doomsday arguments we heard in committee were crazy. We heard about how this is going to cost thousands of dollars if someone got out of a contract. It doesn’t make any sense at all. Because they were talking about a thousand dollar ($1,000) phone. If the thousand dollar ($1,000) phone doesn’t work and it was manufactured wrong, well, they're going to send it back to the manufacturer and they're going to get reimbursed. They are not going to lose a penny. This is a Bill that we all should be on. We ought to be fighting for consumer rights, and not let people get taken advantage of. I encourage an 'aye' vote."

"We've had three (3) in favor, and two (2) in response. The rules of debate would provide for one (1) additional opponent. Representative Winters, would you like to be the last speaker as an opponent?"

"She indicates she'll yield."

"Yes, actually, Representative, when I originally wrote the Bill I said that this wouldn’t apply if it's… if it's a problem that resulted as an act… from an action of the consumer. But, after committee, Jay Keller and I from 09500043.doc 213  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Verizon talked and he said, Well, I'm concerned that people might do what you just said, which would go… make up a reason why they would like to upgrade to a nicer phone, let's say, or exit their contract, really without merit. So, I took… I asked him to develop language that would more clearly identify reasons that would be obvious customer problems, not associated to the phone itself and I included those as an Amendment in this Bill. So the language is much more clearly written and tighter… more tightly written to allow for exactly that to not be an issue with this Bill."

"Yes, and actually you… normally, the procedure as you… either call the troubleshooting line before you even walk into a store. They typically will spend up to an hour if necessary, more time with you going through all the possible problems that you could have with your phone, before they tell you to take it into the store. Once they realize it is not a problem that can easily be fixed, they'll have you take it into the store. When you go to the provider, then they spend about an hour to more time if necessary, depending on what the problem is, figuring out whether or not it's an issue with the phone or just a problem that you may not be seeing readily. If after the troubleshooting session they realize that, indeed, it is a problem with the phone, that's when the provider is given a code that’s like an order number or something, where they'll return that phone to the manufacturer and supply you with a replacement. But it's not a thing that happens immediately in almost every instance. They go through the motions of 09500043.doc 214  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 troubleshooting to see if, in fact, the problem is with you or the phone."

"Yes, it has to be three (3) times, that your phone has had to be replaced, that have not been through any fault of your own. And I think Representative Franks mentioned that, you know, when you go in three (3) times, it is just… at that point I think completely unacceptable that a constituent or any customer would have to say I'm going to continue to have to get the same phone given to me time and time again. At what point do we realize that this phone is indeed a lemon?"

"Yes, and all that is documented. And many times those phone calls are taped. So, there is a record… an electronic record that is held of how many times your phone has been serviced and what exactly had been the problem."

"The roaming issues because of the… you know, lack of availability of some cell phones to have towers, we put that in the Bill that that does not apply to this."

"So, it's not an issue of not having a good roaming service. That can't get you out of the contract."

"Representative Mendoza to close."

"Well, I would just like to thank everyone for taking the time to listen to me and at oftentimes debate me on an individual basis on this Bill and to give me an opportunity to make my case. Hopefully, I've made it with enough of you. I think it's a Bill that is very much supported by pretty much every single… I won't say every single 'cause there's always some that won't, but the vast majority of the citizens or residents of this state and certainly those who use cell phones on a daily basis. I would ask for your kind support of this measure and thank you ahead of time."

"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 to wish? Have all voted who wish? Representative Mautino, Pritchard, Turner, do you wish to be recorded? Have all voted to wish? Mr. Clerk, take the record. On this question, there are 72 voting 'yes' and 43 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. We have a few Bills we need to call on Second Reading, where there are Amendments that are pending. So, we're going to go to that order right now. 09500043.doc 216  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Representative Hernandez, you have House Bill 2201. There… the Amendment's out of Rules. Mr. Clerk, read the Bill."

Speaker Hannig: "Do you wish to adopt the Amendment, Representative?"

"Yes, I do."

Speaker Hannig: "We'll just take it out of the record. Representative Ryg, you have House Bill 2473. Mr. Clerk, read the Bill."

"Representative Ryg on the Amendment."

"Thank you, Mr. Speaker. This Amendment provides that there would be additional funds from the hotel operators' tax that would support tourism and a Local Planning Fund, to fund the Local Planning Assistance Act that was passed by this General Assembly in 2002 but never funded."

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

"So, Representative Ryg, did you hear the Clerk say there's some requests for notes? So, the Bill will 09500043.doc 217  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 remain on the Order of Second Reading. Representative McAuliffe has House Bill 2859. Mr. Clerk, read the Bill."

"On the Amendment, Representative McAuliffe."

"All in favor of the Gentleman's Motion to adopt the Amendment say 'aye'; opposed 'nay'. The 'ayes' have it. The Amendment is adopted. Any further Amendments?"

"Third Reading. Representative Jerry Mitchell on House Bill 3361. Mr. Clerk, read the Bill."

"Representative Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Amendment #1 becomes the Bill. And moves some charter schools into Chicago. There is another Amendment coming on this Bill. I'd like to hold it on Second I believe there'll be a Floor Amendment tomorrow."

"So, we'll adopt this Amendment and hold the Bill?" 09500043.doc 218  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 Mitchell, J.: "That's correct."

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

Speaker Hannig: "So, we'll hold this on Second Reading. Representative Jim Meyer on House Bill 3671. Mr. Clerk, read the Bill."

"Representative Meyer."

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

"Third Reading. Mr. Clerk, read House Bill 429 and hold the Bill."

"Let's take it out of the record at this time. Mr. Clerk, read House Bill 754."

"Let's hold it on Second Reading. Mr. Clerk, read House Bill 1747."

"Let's hold this on the Order of Second Reading. Hold it on Second? Is that correct, Representative Soto? Hold it on Second? All right. So, we'll hold that on Second. Representative Howard moves to table House Bill 2184. Is that correct? All in favor of the Lady's Motion say 'aye'; opposed 'nay'. The 'ayes' have it. And the Bill is tabled. The Clerk has some announcements. Mr. Clerk, would you like to give us the committee announcements for tomorrow? Would you read those, please. I mean, tonight and tomorrow."

"Everyone's aware of the committee meetings tomorrow and this evening. Representative Bradley, you're recognized for a Motion." Bradley, J.: "Yeah… I move to suspend the posting requirements so we can have a subject matter hearing in Revenue, Monday at 1:00 in Room 114."

"Is there any discussion? The Gentleman moves to suspend the posting requirements for the Revenue Committee. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. Motion's adopted. And the posting requirements for the Revenue Committee are waived… are suspended. Mr. Clerk, read the Agreed Resolutions. Okay. So, let's go to… any announcements? Representative Feigenholtz."

"Thank you, Mr. Speaker. I just want to remind everybody who's participating in Capitol Capers that tonight we are rehearsing in the Howlett Building. So, if you are singing, or dancing, or anything else, please come to the Howlett Building immediately after Session. Thank you."

"Representative Chapa LaVia."

"A point of personal privilege. We don’t often acknowledge our staffers but Mr. O'Brien's brother, Kyle 09500043.doc 221  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/26/2007 O'Brien's birthday is today and he is 27. Actually, his son. So, happy birthday, Kyle."

"Any other announcements before we adjourn? Then Representative Currie moves, that allowing perfunctory time for the House, that the House stand adjourned until tomorrow, Friday, April 27 at the hour of 9:30, 9:30 a.m. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Motion is adopted and the House stands adjourned."