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Illinois House Floor Debate — May 21, 2007

95th General Assembly (2007-2008) · Legislative day 57
Chamber
House
General Assembly
95th (2007-2008)
Date
May 21, 2007
Legislative day
57
Speaker turns
267
Original
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Gary Hannig (D)

"The House will be in order. The Members will please be in their seats. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers and rise for the invocation and for the Pledge of Allegiance. We shall be led in prayer today by Lee Crawford, the Pastor of the Cathedral of Praise Christian Center here in Springfield."

Pastor Crawford

"May we pray. Most gracious and most kind God, the author and the finisher of our faith, and the giver and sustainer of our lives, we pray that You will bestow Your most precious blessings upon this most august Body. May You bless its Leader, may You bless all of its Members. May You bless them to walk in the spirit of Your servant, that they may serve in the spirit of integrity, that they may serve in strength, they may serve in the spirit of truth. This we ask in Your Son’s name, amen."

Gary Hannig (D)

"And Representative Soto, will you lead us in the Pledge."

Soto - et al

"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

Gary Hannig (D)

Speaker Hannig: "Roll Call for Attendance. Representative Currie."

Barbara Flynn Currie (D)

"Thank you, Speaker. Please let the record reflect that Representatives Arroyo, Brosnahan, Crespo, Jefferies, May and Patterson are excused today."

Gary Hannig (D)

"And Representative Bost." 09500057.doc 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Mike Bost (R)

"Thank you, Mr. Speaker. Let the record Representatives Black and Mulligan are excused today."

Gary Hannig (D)

"Mr. Clerk, take the record. There are 109 Members answering the Roll Call, a quorum is present. Representative Bost, for what reason do you rise?"

Mike Bost (R)

"I only wanted to add that that being said, it should be a very quiet day."

Gary Hannig (D)

"Representative Stephens."

Ron Stephens (R)

"Well, thank you, Mr. Speaker. And the way the doorman, Mr. Crawford, did the prayer, we always appreciate that. But, I’d like to put in a good word for Wayne Padget, the assistant doorman on our side of the aisle; he can pray with the best of them."

Gary Hannig (D)

"Mr. Clerk, will you read House Resolution 207?"

Mahoney

"House Resolution 207, offered by Representative Gordon. WHEREAS, The On Broadway Dancers were established in 1988 out of the Broadway Dance Center in Coal City with the hopes of giving rural young people an equal opportunity in the performing arts; since their debut in Coal City, On Broadway Dancers have developed into a sought after company with a solid reputation for skill and talent; this outstanding dance company features dancers between the ages of nine and twenty years old; and WHEREAS, The On Broadway Dancers have performed half-time shows for the Chicago Bulls, at sporting events at DePaul University, Illinois State University, Northwestern University, Loyola University, and Northern Illinois University; and they have been featured on Bozo's Circus, 09500057.doc 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 WLS-TV Chicago Showcase, CBS Channel 2, and ABC Channel 7's "Someone You Should Know"; and WHEREAS, On several occasions they have been invited to perform with the nationally renowned Jesse White Tumblers; and WHEREAS, They have toured and performed overseas four times, traveling to Italy, Austria, and Switzerland in 2003, Austria and Germany in 1999, France and Switzerland in 1995, and the Soviet Union in 1990; and WHEREAS, They have been honored twice by the Illinois General Assembly for their outstanding representation of America's youth; and WHEREAS, They have performed at "Taste of Chicago" for eleven years, and they have performed for six years at the Dance Chicago concert series held annually in November at the Athenaeum Theatre; and WHEREAS, The members of On Broadway Dancers Senior Company are Alicia Andrews, Trisha Barnes, Abby Brandolino, Breann Brewer, Sarah Evans, Emma Frantini, Felicia Gonski, Tara Halliday, Jaime Martis, Jillyan Morris, Nicole Nelson, Danielle Shirtino, Lyndsey Thomas, Kimberly Ulivi, Katie Wills, and Devon Wyss; and WHEREAS, The members of the Junior Company are Annie Brnca, Hannah Conger, Kayle Jo Coffman, Jenna Dixon, Erica Gregurich, Brittany Halliday, Emily Halliday, Ella Horton, Kailee Martin, Jacob Newberry, Katie Peterson, Darian Rath, Kristen Seaward, Jasmina Thakali, and Ashley Walsh; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that 09500057.doc 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 we congratulate the On Broadway Dancers for their hard work and outstanding performances, their spirit, and their willingness to give of their talents so others may enjoy them; and be it further RESOLVED, that a suitable copy of this resolution be presented to the members of the On Broadway Dancers."

Gary Hannig (D)

"Representative Gordon."

Careen M Gordon (D)

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Standing behind me are the very, very famous On Broadway Dancers from Coal City, Illinois. So, while it may be a small town and while none of you may have ever been there, the point is, is that we have some stars there. And the On Broadway Dancers is a name synonymous with unbelievable talent. And I would ask you to welcome them all to Springfield today for their very, very hard work."

Gary Hannig (D)

"Under the Order of House Bills-Third Reading, Representative Burke you have House Bill 1478. Representative Burke, do you wish us to read this Bill? Representative Burke, do you wish us to read this Bill? You want to take it out of the record? Okay. Out of the record at the request of the Sponsor. Representative McCarthy, you have House Bill 1017, do you wish us to read that Bill? Mr. Clerk, read the Bill."

Mahoney

"House Bill 1017, a Bill for an Act concerning local government. Third Reading of this House Bill."

Gary Hannig (D)

"Representative McCarthy."

Kevin A. McCarthy (D)

"Thank you, Mr. Speaker. The… House Bill 1017 is an agreed Bill now between the Associated Firefighters of Illinois and the Illinois Fire Chiefs Association. Also, 09500057.doc 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 approved by the Municipal League which we found out in the Labor Committee last week. And it basically has to do with the assessment center portion of the promotion process. They’ve been working on this under the direction of Representative Reitz for a couple of months. And it has come to a successful collusion… conclusion. So, I’d appreciate support of House Bill 1017."

Gary Hannig (D)

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bradley, you have House Bill 228. Do you wish us to read that Bill? Representative Bradley. Out of the record. Representative Bradley, how about House Bill 1304? 1304? No? Okay. Representative Burke, you have House Bill 1974. Representative Burke, 1974? Do you wish us to read that Bill? No? Out of the record. Representative Phelps, you have House Bill 1779. Out of the record. Representative Smith, you have House Bill 1026. Out of the record. How about House Bill 2470, Representative Smith? 2470? Okay. Representative Coulson, you have House Bill 3633. Representative Coulson, 3633. Do you wish us to read that Bill? Mr. Clerk, read the Bill."

Mahoney

"House Bill 3633, a Bill for an Act concerning firearms. Third Reading of this House Bill." 09500057.doc 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Gary Hannig (D)

"Representative Coulson."

Elizabeth Coulson (R)

"Thank you, Mr. Speaker. House Bill 3633 requires, instead of permits, the Illinois State Police to deny any application or to revoke and seize a FOID card previously issued if it finds that the applicant or person to whom the card was issued is subject to an existing order of protection. This was brought to me by the domestic violence people and it’s concerning the removal of a gun from a situation where there may be domestic violence. And I can answer any questions."

Gary Hannig (D)

"This is on Short Debate. Does anyone stand 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, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 79 voting ‘yes’ and 30 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Lindner, you have House Bill 3010. Do you wish us to read this Bill? No? Out of the record. Representative… Representative Rita on House Bill 1466. Do you wish us to move that from Second to Third? Mr. Clerk, read the Bill."

Mahoney

"House Bill 1466, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #3, offered by Representative Rita, has been approved for consideration."

Gary Hannig (D)

"Representative Rita." 09500057.doc 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Robert Rita (D)

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #3 basically guts and replaces the Bill. And it adds… it creates a management difficulty for school districts that are… for nonfinancial and nonacademic reasons for a takeover. I’d be happy to answer any questions."

Gary Hannig (D)

"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?"

Mahoney

"No further Amendments. No Motions filed."

Gary Hannig (D)

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

James H. Meyer (R)

"Thank you, Mr. Speaker. I rise to request that the record reflect that on House Bill 3633 I wish to vote ‘yes’ on that."

Gary Hannig (D)

Speaker Hannig: "The record will reflect your intentions, Representative. Representative Meyer you have House Bill 1365. Did you wish us to read that from… on Second? Out of the record. And Representative Sullivan, you have House Bill 154. Out of the record. Rep… let’s see, Representative Granberg has House Bill 1868. Mr. Clerk, read the Bill."

Mahoney

"House Bill 1868, a Bill for an Act concerning State Government. Third Reading of this House Bill."

Gary Hannig (D)

"Representative Granberg."

Kurt M. Granberg (D)

"Thank you, Mr. Speaker. House Bill 1868 deals with the Global Partnership Act. We created the global partnership two (2) years ago to assist the State of Illinois in marketing our region, it actually received state 09500057.doc 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 funding. Over the course of the year we determined… or we made the determination that they should be held accountable because they had the use of state funds. This Bill provides for that accountability, provides for certain conflicts of interests, prohibition on receiving gifts from people who receive grants. And I’d be happy to answer any questions."

Gary Hannig (D)

"Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 109 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Monique Davis you have House Bill 235. Do you wish us to read that Bill? Mr. Clerk, read the Bill."

Mahoney

"House Bill 235, a Bill for an Act concerning criminal law. Third Reading of this House Bill."

Gary Hannig (D)

"Representative Monique Davis." Davis, M.: "Thank you, Mr. Chairman. House Bill 235 merely asks judges and state's attorneys to consider the annual income when establishing bail on nonviolent crime. We find many times the county jails in Cook County are filled to capacity and sometimes it’s merely because a person cannot afford the bail that has been set. And we would be certainly ready to answer questions."

Gary Hannig (D)

"This is on the Order of Short Debate, but we’re going to move it to Standard Debate to accommodate our Members. And Representative Reboletti, you’re first and you have (5) minutes." 09500057.doc 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Dennis M. Reboletti (R)

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

Gary Hannig (D)

"She indicates she’ll yield."

Dennis M. Reboletti (R)

"Representative, is this only in Cook County? Because my experience has been that when a defendant fills out an application for a public defender they fill out what is known as an affidavit of assets and liabilities and on there they would indicate what their yearly income is, if they own a house, if they own a life insurance policy. Does this not happen in Cook County? Is that what we’re dealing with?" Davis, M.: "You’re asking if they have a public defender will that apply in these cases, is that what you’re asking?"

Dennis M. Reboletti (R)

"Well, here’s the situation is when… if they’re out looking for bail because they’ve been arrested, they’ve been detained overnight. If you’re applying for a public defender you have to show that you are already at a means level necessary to get a public defender. So, I’ve seen defendants fill out the application, they fill all zeroes, they have nothing, then they’re appointed a public defender. And then the judge also would take that into consideration that the amount of money that they have. And every bail hearing that I’ve been to has always taken into account, either by representation by the public defender or by a private attorney that the defendant is of certain means and able to post whatever the bail may or may not be." Davis, M.: "Yeah, well, this is just a policy statement for what already occurs."

Dennis M. Reboletti (R)

"Well, Representative, I appreciate that, but I believe the statute already includes that. That one of the 09500057.doc 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 conditions in setting bond is one to bring the defendant back into court to assure their presence, but also to take into account the seriousness of the offense. There’s about thirteen (13) different things and I believe one of those included is already in there is their means and their income level. Maybe staff could you advise you of that, but that’s the case." Davis, M.: "That’s correct."

Dennis M. Reboletti (R)

"Thank you, Mr. Speaker." Davis, M.: "Thank you."

Gary Hannig (D)

"Representative Durkin."

Jim Durkin (R)

"Will the Sponsor yield?"

Gary Hannig (D)

"Indicates she’ll yield."

Jim Durkin (R)

"Representative Davis, let me just get this clear that we’re saying that this is a consideration, it’s not mandated that the court is going to set bail based on their gross income, correct?" Davis, M.: "That is…"

Jim Durkin (R)

"Correct? It's just bas…" Davis, M.: "…that is correct."

Jim Durkin (R)

"…it’s just one of the factors they will take into account?" Davis, M.: "That is correct."

Jim Durkin (R)

"Now, I’m kind of curious why you separated… you only have this applying to nonviolent crimes as opposed to what is defined in the statute as violent crimes?" Davis, M.: "Well, we didn’t want to in any way limit a judge’s ability to establish huge bail amounts that are certainly necessary for violent crimes or heinous crimes. We just 09500057.doc 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 felt that certainly whatever the judge’s discretion was in those circumstances should remain. And in this Bill, we’re merely asking the judge to be considerate. If it’s nonviolent, to be considerate of their income when establishing bail."

Jim Durkin (R)

"Well, do you believe in the principle of the presumption of innocence? And perhaps somebody has been charged with a violent crime should be afforded the same rights as someone who has been charged with a nonviolent crime?" Davis, M.: "Yes, I do believe in the presumption of innocence. But I also know that frequently if a person has committed a very violent crime, then judge, according to my experience, he establishes a little higher bail in order to assure that person will show up for trial."

Jim Durkin (R)

"So, I guess what they would have to do is just write down on a piece of paper what their gross income is without any type of backup. Sometimes people who are charged with nonviolent crimes they do have some type of tax return or something. Are we just taking them at their word of what their income is?" Davis, M.: "I think they can show some documentation, maybe a check stub. The defendant can offer evidence of his or her annual income."

Jim Durkin (R)

"Well, I guess the issue is is that let’s say there is a… and this has happened before, where we think that a person who is seeking representation by a public defender because they do not have the assets, I’ve seen it in the past, I’ve done that work, I’ve been at… I've worked at the 09500057.doc 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 courthouse, where they’re… that they do not want to put the money down to buy a private attorney so they will understate their assets to get the… the services of the public defender. So, I… I… and all they have to do is just fill in the… a piece of paper stating exactly what their assets are. So, there really is no backup that’s going into this." Davis, M.: "Well…"

Jim Durkin (R)

"No backup which is being afforded by the individuals who's accused of the crime to establish that this is truly their net worth or their gross income for the year." Davis, M.: "What we’re asking is that the judge consider the annual income. And if they are afforded the use of public defender, you’re saying with a public defender they don’t have to have documentation of their income?"

Jim Durkin (R)

"All they have to do is just make a statement that they do not have the… make a statement and sign a piece of paper saying that they do not have the ability to afford a private counsel, therefore, they’re requesting the services of a public defender." Davis, M.: "So, this Bill would still leave it up to the discretion of the judge. We’re merely asking the judge to take a look at the documentation of annual income."

Jim Durkin (R)

"But there’s no documentation that’s required to put up in this Bill. But I… I… I don’t disagree with what you’re trying to do. I just want to exactly, you know… where people in the courtroom would have to figure out how they’re going to have to apply these… this legislation… I’m sure it’s going to pass out of the House. But I just want to get an understanding of how you would… how this is going to 09500057.doc 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 work. But I also think it’s important, though, when someone is going to… when a judge is going to base bond based on the gross income that they actually have a document other than just a statement from the person accused that I… either that I… they make no money or will make ten thousand dollars ($10,000) a year. I just think that it’s… it would be better if they were able to provide something other than just their own statement, that’s all." Davis, M.: "I appreciate your comments. And this legislation doesn’t require documentation. But it would allow someone to present it if they had it available."

Jim Durkin (R)

"All right. This will apply to misdemeanor offenses as well?" Davis, M.: "Yes."

Jim Durkin (R)

"These are…" Davis, M. "It doesn’t change the law where misdemeanor offenses are."

Jim Durkin (R)

"Okay." Davis, M.: "And may I add, that all opposition was removed from the Bill, with the Amendment all of the opposition was removed."

Jim Durkin (R)

"Could you just tell me who opposed it and now who is no longer opposed to it?" Davis, M.: "Cook County State's Attorney, State Police…"

Gary Hannig (D)

"Representative, your… your time has expired. Representative Davis, why don’t you finish answering the Gentleman’s question." 09500057.doc 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 Davis, M.: "…the Chief of Police, the Cook County State's Attorney and the Illinois Association of Chiefs of Police. But with the Amendment, they have removed their opposition."

Gary Hannig (D)

"So, now I had one (1) in favor and two (2) in response. Representative Rose, which side would you like to speak on?"

Chapin Rose (R)

"Response, I guess."

Gary Hannig (D)

"Okay. In response, 5 minutes."

Chapin Rose (R)

"Will the… will the Lady yield for a question?"

Gary Hannig (D)

"She indicates she’ll yield."

Chapin Rose (R)

"Representative, I… I notice with the Amendment… let me tell you the nature of my concern. One is, they can already consider this and actually they should consider this, there’s applicable United States Supreme call… Supreme Court opinion that says that the purpose of bond, one (1), is to secure the return of the defendant for court. Okay? That’s the purpose of bond. When in considering the return to court, you look at a number of things. One of the things the court should look at is their income. Do they have a job? Are there significant ties to the community? Are they from the community? Are there someone from outside the community? There’s a whole laundry list of factors the court is already required to consider under a U.S. Supreme Court opinion and one (1) of those is the income of the defendant. So, one (1), I think that the Bill as amended is… is extremely duplicative at best. And at worst, it may actually do something that… that you’re not intending it to do. And that is, you may be limiting it only to the consideration of gross income and not looking at the other 09500057.doc 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 things like community ties, where they’re from, do they have family in the area, do they have kids in the schools. All the different circumstances that the U.S. Supreme Court has said feed into whether or not someone would be likely to return to court. And so, I… I’m very wary of your legislation here, Representative. I'd invite your response." Davis, M.: "Well, I would certainly urge you, Representative, to look at the Amendment. Which states, 'when the defendant is charged with a nonviolent crime in setting the amount of bail the court shall consider with any evidence offered as to the annual gross.' Now it… it in no way limits the court from looking at those other things that you certainly mentioned. It in no way limits that."

Chapin Rose (R)

"Representative, if I may, there’s case law to say that if the Legislature did not include other things, then we explicitly decided not to include those other things, thereby, limiting the statute to only those things considered." Davis, M.: "But then you… "

Chapin Rose (R)

"And there’s case law on that, point one. Two, they’re already required… all courts are already required to look at income for purposes of bail." Davis, M.: "That is true, Representative. It is absolutely necessary and of course this Bill in no way would supersede Federal Law. As you know, Federal Law always supersedes State Law. So, if the Federal Law…"

Chapin Rose (R)

"Then what’s the point of the Bill?" 09500057.doc 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 Davis, M.: "The point of the Bill is to ask judges to look at the annual income when establishing bail in order that we don’t place a one hundred thousand dollar ($100,000) bail on a person for a minor offense when they can’t pay it. And they go to Cook County jail and they remain there, losing their job, perhaps losing their apartment because they couldn’t afford that bail for…"

Chapin Rose (R)

"But Representative, what I’m saying is under the Clerk of the United States Supreme Court opinion on bail, they’re already required to do that anyway. So, I don’t know what putting in the statute does that they’re not already required to do? I’m not going to belabor the point, I’ll just vote ‘no’. Thanks."

Gary Hannig (D)

"We’ve had… we’ve had three (3) in response and one (1) in support. The Rules would provide two (2) additional speakers in support. So, Representative Molaro, would you like to rise in support?"

Robert S. Molaro (D)

"Yes."

Gary Hannig (D)

"Proceed."

Robert S. Molaro (D)

"Thank you. As to the previous speaker, from the Supreme Court said and what says in State Law is that you should look at the financial resources of the individual. What this Lady is saying that, not only should look at the financial resources, but you should also look at the annual gross income. Now, that’s two (2) different things. I may have resources, but my annual gross income this year might be zero even though I might have five thousand dollars ($5,000) in the bank. What this Lady is doing is exactly what we’re talking about when we talk about bail and the 09500057.doc 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 presumption of innocence. And it’s a very simple concept. If me and another Representative or me or two (2) individuals get caught doing a nonviolent crime, now if it’s violent the judge can do whatever he wants, but nonviolent crime. So, we both get caught for shoplifting or we both get caught for theft. Now, we’re presumed innocent, both of us go to court. When we go to court for bail, both charged with the same crime, exactly the same, the judge comes up and says, okay, ten thousand dollars ($10,000) bail and your court date is two (2) months down the road. Now we might be innocent, we might be guilty, doesn’t matter. What happens is because I’m making twenty grand ($20,000) a year I could go there and easily post a thousand dollar ($1,000) bail and I’m home for two (2) months, living my life. But the person I was arrested with, same exact crime, same exact circumstances, who is… doesn’t have a job or only makes ten thousand (10,000) a year he can’t post a thousand ($1,000) so he has to stay in jail for that two (2) months. Now we go to court two (2) months, later, Macy’s decides not to prosecute or they don’t have the evidence and they throw the case out. I was okay, the other man was there for… for… for two (2) months in jail and he couldn’t post bond. Now, if you take everything into consideration and the judge says, ten thousand (10,000), well, then he stays in jail, no problem. All this Lady is saying, when the judge considers bail he should consider the annual income of the defendant. Doesn’t say he must… must then lower the bail, it just said he shall consider it, as he considers everything else. After considering it, if the judge says, well, I considered 09500057.doc 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 it, but I want it to be twenty thousand (20,000), two million (2,000,000), then that’s what it is. All the Lady’s saying is, judge, take into consideration what his annual gross income is. And all you have to do is ask a defendant and it says, 'any evidence that’s introduced.' So, if the state doesn’t want to introduce it, if the defendant doesn’t bring it up, then there’s no evidence. But if the defendant says to his lawyer, what do you make, I don’t have a job, I only make ten thousand dollars ($10,000) a year, the judge should consider it. Now, that seems fair to do that. And the case law just talks about resources. And in our law, just so we’re clear, case law could say whatever it wants to say. If you look in our law today it says, should consider financial resources. This Lady is saying make it even more specific and consider his annual gross income. It’s not soft on crime, but the law today, so we should change it to the Lady’s Bill. It’s a good Bill and we should vote ‘yes’."

Gary Hannig (D)

Speaker Hannig: "The rules provide for one (1) additional speaker in support. Representative Gordon, are you in support? Okay. You have 5 minutes."

Careen M Gordon (D)

"Thank you, Mr. Speaker. Ladies and Gentlemen, to the Bill. I… I believe that there’s been some confusion as to what the Bill actually says. The only changes to the statute that the Lady is making is to say, any evidence offered of gross income. In the same way that a judge can now put someone under oath when they’re handing in their affidavit for the public defender, they can do this when they’re offering evidence about their gross income. Nothing 09500057.doc 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 is removed from the statute, the judge can still take into consideration all of the other things that are now available. You have to read the entire statute and not just take out the few words that the Lady is asking to be considered. What’s been thrown out there, Ladies and Gentlemen, is a red herring. Please, this is a good Bill. It clarifies some things for some judges who don’t always listen to defense attorneys and don’t always listen to prosecutors. But it is asking something very, very easily done. So, we take into consideration someone’s gross income when giving them bail, because one of the other things to be taken into consideration when setting bail, not only if someone is going to return to court, their ties to the community, but also the hardship of being kept in jail was going to cause for them and their family. This is a good Bill; it’s a good Bill for law enforcement. The Lady has done a very good job in working with everyone who was initially opposed to it. And I urge you all to support this Bill. Thank you."

Gary Hannig (D)

"Representative Davis to close." Davis, M.: "Thank you, Mr. Speaker. I thank my colleagues for their support. I think it’s a good policy statement from all of us. And I would just urge an ‘aye’ vote."

Gary Hannig (D)

"Question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dunkin, McAuliffe, Saviano, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 86 09500057.doc 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 voting ‘yes’, and 23 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Bellock, for what reason do you rise?"

Patricia R. Bellock (R)

"Thank you, Mr. Speaker. I’d like to be recorded as a ‘yes’ on House Bill 3633. Thank you."

Gary Hannig (D)

Speaker Hannig: "The record will reflect your intentions, Representative. Representative Sacia, for what reason do you rise?"

Jim Sacia (R)

"And I’d like to be a ‘no’ on 3633."

Gary Hannig (D)

"The record will reflect your intentions as well, Representative. Representative Currie, you have Senate Bill 148. Mr. Clerk, read the Bill."

Bolin

"Senate Bill 148, a Bill for an Act concerning courts. Third Reading of this Senate Bill."

Gary Hannig (D)

"The Majority Leader, Representative Currie."

Barbara Flynn Currie (D)

"Thank you, Speaker and Members of the House. This measure, as amended, does two (2) things. First, it applies appropriate penalties to people who are practicing law without authorization. And those penalties would be that there would be equitable relief, there would be a fee… a possibility of a fee that would not exceed five thousand dollars ($5,000) to go into the Illinois Equal Justice Foundation and actual damages. The second part of the Bill would create an historic Supreme Court Commission to talk about ways to restore and show some respect and reverence to that institution. The building, as you know, will be a hundred (100) years old in 2008. So, we’re not a moment too soon in getting started. I would appreciate your support 09500057.doc 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 for passage of Senate Bill 148. I’d be happy to answer your questions."

Gary Hannig (D)

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

Bob Biggins (R)

"Thank… thank you, Mr. Speaker. I wonder if I could ask a couple of questions. Sponsor yield?"

Gary Hannig (D)

"Lady will yield."

Bob Biggins (R)

"Yeah. So, what kind of practice of law would this…"

Barbara Flynn Currie (D)

"People…"

Bob Biggins (R)

"…preclude?"

Barbara Flynn Currie (D)

"…who are not lawyers."

Bob Biggins (R)

"And what is the actual law being… practicing… what’s being done here?"

Barbara Flynn Currie (D)

"What we’re doing is statutory remedies for people who violate the current prohibition against practice of law if you’re not authorized to practice law. And the three (3) items would be equitable relief, the possibility of a fine not more than five thousand ($5,000), proceeds to go to the Illinois Equal Justice Foundation, and third, actual damages. So, if somebody told you they were a lawyer, they handled your case and in fact you lost money, you lost your property, then you would be able to go to court and take that individual and get the damages that… that that person’s harmful action caused you."

Bob Biggins (R)

"Thank you."

Gary Hannig (D)

"Any further discussion? Representative Currie to close."

Barbara Flynn Currie (D)

"Thank you. I’d appreciate your ‘aye’ votes." 09500057.doc 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Gary Hannig (D)

"The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Saviano, Mitchell, McAuliffe and Flowers, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 108 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. We’re going to go to the Order of Senate Bills-Second Reading. The Chair will skip over those where we’re aware that Amendments are still pending. But otherwise, we’ll just follow the Calendar. We’re going to start on page 29. And the first Bill would be Senate Bill 14. So, Representative Cole, you have House… or Senate Bill 14. Do you wish us to read that Bill? Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 14, a Bill for an Act concerning sex offenders. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Reitz, you have House Bill… Senate Bill 19. Do you wish us to read that Bill? Read the Bill, Mr. Clerk."

Mahoney

"Senate Bill 19, a Bill for an Act concerning public health. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Mautino, you have Senate Bill 21. Do you wish us to read that Bill? Representative Mautino? Read the Bill, Mr. Clerk." 09500057.doc 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Mahoney

"Senate Bill 21, a Bill for an Act concerning insurance. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Sacia, you have Senate Bill 29. Okay. Out of the record. Representative Bradley, John Bradley, you have House… you have Senate Bill 30. Out of the record. Representative Coladipietro, you have Senate Bill 31. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 31, a Bill for an Act concerning civil law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

Speaker Hannig: "Third Reading. Represent… Representative Brady, you have Senate Bill 38. Shall we read that Bill? Read the Bill, Mr. Clerk."

Mahoney

"Senate Bill 38, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Nekritz, you have Senate Bill 46. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 46, a Bill for an Act concerning government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Schock, you have Senate Bill 51. Do you wish us to read that Bill? Read the Bill, Mr. Clerk." 09500057.doc 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Mahoney

"Senate Bill 51, a Bill for an Act concerning public aid. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Verschoore, you have Senate Bill 55. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 55, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Franks, you have Senate Bill 56. Do you wish us to read the Bill? Out of the record. Representative Brauer, you have Senate Bill 69. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 69, a Bill for an Act concerning business. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative D’Amico, you have Senate Bill 71. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 71, a Bill for an Act concerning transportation. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Molaro, you have Senate Bill 75. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 75, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 09500057.doc 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Gary Hannig (D)

"Third Reading. Representative Davis, Monique Davis, you have Senate Bill 76. Representative Monique Davis, shall we read this Bill on Second? Read the Bill, Mr. Clerk. Senate Bill 76, Mr. Clerk."

Mahoney

"A Bill… Senate… Senate Bill 76, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Bellock, you have Senate Bill 79. I’ve been advised the Rules Committee has met with some of these Amendments. So, Mr. Clerk, you want to read the Rules Committee report?"

Mahoney

"Rules Committee Report. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motions were referred, action taken on May 21, 2007, reported the same back with the following recommendation/s: 'approved for floor consideration' is Amendment #2 to Senate Bill 6, Amendment #2 to Senate Bill 157, Amendment #2 to Senate Bill 264, Amendment #2 to Senate Bill 300, Amendment #1 to Senate Bill 478, and Amendment #4 to Senate Bill 1094."

Gary Hannig (D)

"So, Representative Bellock, we could return now to Senate Bill 6, if you wish? Okay. So, Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 6, a Bill for an Act concerning public aid. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by 09500057.doc 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 Representative Bellock, has been approved for consideration."

Gary Hannig (D)

"Representative Bellock on the Amendment."

Patricia R. Bellock (R)

"Thank you very much, Mr. Speaker. And in this Bill that deals with telepsychiatry the Amendment just went to clarify that it pertained to the public health centers also, the federally qualified health centers, as defined in Section 1905."

Gary Hannig (D)

"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?"

Mahoney

"No further Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Now, we’re going to return to page 30 of the Calendar. And Representative Bellock, you have Senate Bill 79. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 79, a Bill for an Act concerning education. No Comm… Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Nekritz, you have Senate Bill 80. Do you wish us to read this Bill? Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 80, a Bill for an Act concerning transportation. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Holbrook, you have Senate Bill 88. Shall we read the Bill? Read the Bill, Mr. Clerk." 09500057.doc 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Mahoney

"Senate Bill 88, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Reitz, you have Senate Bill 97. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 97, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Harris, you have Senate Bill 108. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 108, a Bill for an Act in relation to children. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Jakobsson, you have Senate Bill 110. Shall we read the Bill? On Second? Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 110, a Bill for an Act concerning education. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Froehlich, you have House Bill… excuse me, Senate Bill 116. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 116, a Bill for an Act concerning health. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 09500057.doc 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Gary Hannig (D)

"Third Reading. Representative Acevedo, you have Senate Bill 129. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 129, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Froehlich, you have Senate Bill 132. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 132, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Senate Bill 135, Representative Gordon. Do you wish us to read the Bill? Read the Bill, Mr Clerk."

Mahoney

"Senate Bill 135, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments…"

Gary Hannig (D)

"Representative… yeah. Out of the record. Representative Froehlich on Senate Bill 140. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 140, a Bill for an Act concerning vehicles. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Lang, you have Senate Bill 144. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 144, a Bill for an Act concerning regulation. Second Reading of this Senate Bill. Amendment 09500057.doc 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 #1 was adopted in committee. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Mr. Clerk, read Senate Bill 152."

Mahoney

"Senate Bill 152, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Washington on Senate Bill 154. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 154, a Bill for an Act concerning safety. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Nekritz, you have Senate Bill 157. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 157, a Bill for an Act concerning ethics. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Nekritz, has been approved for consideration."

Gary Hannig (D)

"Representative Nekritz on the Amendment."

Elaine Nekritz (D)

"Thank you, Mr. Speaker. The underlying Amendment has a sunset date. This changes the sunset date so that it matches the reports that might be issued by an Inspector General and when those might terminate, rather than just setting a cutoff date for those to terminate."

Gary Hannig (D)

"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?" 09500057.doc 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Mahoney

"No further Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Cole on Senate Bill 166. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 166, a Bill for an Act concerning transportation. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative D’Amico on Senate Bill 172. Read the Bill, Mr. Clerk."

Mahoney

"Senate Bill 172, a Bill for an Act concerning transportation. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. All notes have been filed."

Gary Hannig (D)

"Third Reading. Representative Rose on Senate Bill 174. Out of the record. Representative Dunkin on Senate Bill 182. Out of the record. Representative Chapa LaVia on Senate Bill 186. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 186, a Bill for an Act concerning local government. No Committee Amendments. No Floor Amendments. All notes have been filed."

Gary Hannig (D)

"Third Reading. Representative Reis on Senate Bill 199. Representative Reis on 19… Senate Bill 199. Read the Bill, Mr. Clerk."

Mahoney

"Senate Bill 199, a Bill for an Act concerning government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Reboletti on Senate Bill 226. You wish us to read the Bill? No? Out of 09500057.doc 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 the record. Representative Bellock on Senate Bill 233. Okay. We’ve been advised there’s a number of notes, so we’ll have to hold that one. Representative Flider on Senate Bill 247. Shall we read the Bill? Out of the record. Representative Ramey on Senate Bill 249. Read the Bill, Mr. Clerk."

Mahoney

"Senate Bill 249, a Bill for an Act concerning local government. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Mr. Clerk, read Senate Bill 247."

Mahoney

"Senate Bill 247, a Bill for an Act concerning municipalities. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Boland on Senate Bill 252. Out of the record. Representative Mathias on Senate Bill 255. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 255, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Riley on Senate Bill 258. Read the Bill, Mr. Clerk."

Mahoney

"Senate Bill 258, a Bill for an Act concerning civil law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 09500057.doc 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Gary Hannig (D)

"Third Reading. Representative Schock on Senate Bill 263. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 263, a Bill for an Act concerning local government. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Howard on Senate Bill 265. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 265, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Flider on Senate Bill 267. Read the Bill, Mr. Clerk."

Mahoney

"Senate Bill 267, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

Speaker Hannig: "Third Reading. Representative Mathias on Senate Bill 273. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 273, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Tracy on Senate Bill 274. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 274, a Bill for an Act concerning criminal law. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 09500057.doc 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Gary Hannig (D)

"Third Reading. And Representative Tracy on Senate Bill 281. Read the Bill, Mr. Clerk."

Mahoney

"Senate Bill 281, a Bill for an Act concerning conservation. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Meyer on Senate Bill 285. Shall we read the Bill? Out of the record. Representative Nekritz on Senate Bill 299. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 299, a Bill for an Act concerning elections. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Molaro on Senate Bill 300. The Amendment’s out of Rules, Representative. So, Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 300, a Bill for an Act concerning transportation. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Molaro, has been approved for consideration."

Gary Hannig (D)

"Representative Molaro, you’re recognized on House Amendment #2.

Robert S. Molaro (D)

"Amendment #2 was approved in committee, it’s a Floor Amendment. Amendment #2 was approved in committee. This is the Amendment that was asked that we put on by the Secretary of State. Secretary of State wanted this Amendment; we 09500057.doc 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 approved it in committee and now the Secretary is for the Bill."

Gary Hannig (D)

Speaker Hannig: "Is there any discussion? Representative Pritchard, are you seeking recognition? Okay. Then all in favor of the Motion say… of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?"

Mahoney

"No further Amendments. No Motions filed."

Gary Hannig (D)

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

Robert W. Pritchard (R)

"Yes, Mr. Speaker, my… was incorrectly voted on 3633. I should have been recorded as a ‘no’."

Gary Hannig (D)

Speaker Hannig: "The record will reflect your intentions, Representative. Representative Ryg on Senate Bill 303. Read the Bill, Mr. Clerk."

Mahoney

"Senate Bill 303, a Bill for an Act concerning safety. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Senate Bill 304, Representative Franks. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 304, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Ryg on Senate Bill 305. Shall we read the Bill? Read the Bill, Mr. Clerk."

Mahoney

"Senate Bill 305, a Bill for an Act concerning finance. Second Reading of this Senate Bill. Amendment #1 09500057.doc 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 was adopted in committee. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Franks on Senate Bill 306. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 306, a Bill for an Act concerning education. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

Speaker Hannig: "Third Reading. Representative Mathias on Senate Bill 307. Yeah, we’ll… I skipped past Golar, excuse me. Mr. Clerk…"

Mahoney

"Senate…"

Gary Hannig (D)

"On Senate Bill 307, read the Bill."

Mahoney

"Senate Bill 307, a Bill for an Act concerning transportation. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. We’re going to return to Senate Bill 264, Representative Hamos. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 264, a Bill for an Act concerning regulation. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Hamos, has been approved for consideration."

Gary Hannig (D)

"The Amendment’s just been approved by Rules, Representative Hamos. Would you like to present it? Why don’t we take it out of the record, Mr. Clerk, for just a… a moment. We’ve got a couple more to catch up on. Representative Mathias, you have Senate Bill 207, do you wish us to read that? Mr. Clerk, read the Bill." 09500057.doc 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Mahoney

"Senate Bill 207, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. And you also have Senate Bill 208. Read the Bill, Mr. Clerk."

Mahoney

"Senate Bill 208, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. And Mr. Clerk, let’s return to Senate Bill 264. Representative Hamos, you’re recognized on the Amendment."

Julie Hamos (D)

"Thank you, Speaker. This is… this has to do with alternative birth centers. And the Amendment that we put on, I’m pleased to say, is an agreed Amendment with the State Medical Society and the Illinois Hospital Association. And I will be glad to explain it on Third Reading but that was the purpose of the Amendment just to get an agreement."

Gary Hannig (D)

"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?"

Mahoney

"No further Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Tracy on Senate Bill 308. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 308, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed." 09500057.doc 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Gary Hannig (D)

"Third Reading. Representative Myers on Senate Bill 313. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 313, a Bill for an Act concerning education. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Senate Bill 321, Representative Franks. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 321, a Bill for an Act concerning State Government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Lang on Senate Bill 330. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 330, a Bill for an Act concerning liens. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Osterman on Senate Bill 333. Out of the record. Representative Coulson on Senate Bill 335. Read the… Read the Bill, Mr. Clerk."

Mahoney

"Senate Bill 335, a Bill for an Act concerning children. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

Speaker Hannig: "Third Reading. Representative Mathias on Senate Bill 340. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 340, a Bill for an Act concerning aging. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed." 09500057.doc 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Gary Hannig (D)

"Third Reading. Representative Fritchey on Senate Bill 341. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 341, a Bill for an Act concerning municipalities. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

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

Susana A Mendoza (D)

"Thank you, Mr. Speaker. I just want to make an announcement that the committee on International Trade & Commerce scheduled for tomorrow morning will be canceled. Thank you."

Gary Hannig (D)

"Senate Bill 343, Representative Leitch. Shall we read the Bill? Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 343, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Representative Will Davis on Senate Bill 355. Out of the record. Representative Mathias, you have Senate Bill 345. Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 345, a Bill for an Act concerning local government. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Senate Bill 360, Representative Saviano. Wish us to read it? Out of the record. Representative Hoffman on Senate Bill 363. Representative 09500057.doc 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 Hof… Hoffman? You wish us to read the Bill? Out of the record. Representative Reboletti on Senate Bill 364. Shall we read the Bill? Mr. Clerk, read the Bill."

Mahoney

"Senate Bill 364, a Bill for an Act concerning offenders. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions filed."

Gary Hannig (D)

"Third Reading. Mr. Clerk, do you have an announcement on the Prison Reform Committee?"

Mahoney

"The Prison Reform Committee that was scheduled to meet tomorrow at 10 a.m. has been canceled. The Prison Reform Committee has been canceled."

Gary Hannig (D)

Speaker Hannig: "Do we have any other announcements? On committees? Representative Sacia."

Jim Sacia (R)

"Mr. Speaker, a point of personal privilege?"

Gary Hannig (D)

"Yes, state your point."

Jim Sacia (R)

"Ladies and Gentlemen of the House, once more… I brought this to your attention last Friday, immediately following Session or at 5:00 at Illinois Petroleum Marketers we have a young lady, one of the legislative assistants here, she works for Representative Munson and Osmond, she’s gravely ill and we’re having an auction for her tonight. There’s about forty (40) very, very nice items that have been donated to be auctioned off. We have raceway tickets, we have pictures, numerous nice items. It’ll probably take 40 minutes. So, around 5:00 or immediately following Session if you could stop over there I think it’d be well worth your while and you’d be helping a very wonderful lady, Sheila Riley, as a benefit for her. Thank you, Mr. Speaker." 09500057.doc 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007

Gary Hannig (D)

"Thank you, Representative Sacia. Mr. Clerk, read the Agreed Resolutions."

Mahoney

"On the Order of Agreed Resolutions is House Resolution 440, offered by Representative Pihos. House Resolution 441, offered by Representative Coulson. House Resolution 442, offered by Representative Chapa LaVia. House Resolution 443, offered by Representative Osmond. House Resolution 444, offered by Representative Feigenholtz. House Resolution 445, offered by Representative Flider and House Resolution 446, offered by Representative Phelps."

Gary Hannig (D)

"Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Agreed Resolutions are adopted. So, let’s just clarify, Mr. Clerk, would you read the cancelations of the committees. And let’s give the Clerk your attention for a moment, he’s going to read the committees that have been canceled."

Mahoney

Clerk Mahoney: "The following committees have… have been canceled. For tomorrow, on May 22, the 10 a.m. Prison Reform Committee Meeting that was supposed to be in 115 has been canceled. On Wednesday, International Trade & Commerce, which was to meet at 8:30 on Wednesday morning in Room 115, has also been canceled."

Gary Hannig (D)

"Okay. So, all the other committees will meet as scheduled. Representative Ramey, you have an announcement, an important announcement?"

Harry R. Ramey Jr. (R)

"Very important, Mr. Speaker, thank you. Everyone interested in practicing for the softball game Wednesday night we'll have another practice this evening, 5:00, 5 to 09500057.doc 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 7, I believe, is what they’re looking at. Same place, Washington… over by the school. Everybody that’s interested, please show up. Thank you."

Gary Hannig (D)

"And for the Democratic Members, could I have your attention? There’s going to be a Democratic Caucus in Room 114 immediately after adjournment. So, a Democratic Caucus in 114 immediately after adjournment. Representative Molaro, for what reason do you…"

Robert S. Molaro (D)

"Yes."

Gary Hannig (D)

"…rise?"

Robert S. Molaro (D)

"Thank you. Just to mention again the softball game, which is Wednesday night. The Senate has really laid down the gauntlet this time. And for those of you who usually don’t come to the softball game, now I was one of these guys who didn’t go to COWL Capers my first years down here and I found it to be… it’s really a heck of a lot of fun. And if you’ve never gone to the softball game, it’s also a lot of fun. See a lot of players in shorts, see a lot of people kidding around that you normally don’t see. There’s a rumor going around that Speaker Madigan may be playing ball this year. I don’t know, it’s just a rumor. I say we put him in right field if he doesn’t come out… if he comes out. But I heard he might be playing. So, it'd be… be good idea if we actually came to the game. It is a lot of fun. Thank you."

Gary Hannig (D)

"Is there any other business to come before the chamber? I just remind Members there’s going to be a Democratic Caucus in Room 114. And now, allowing perfunctory time for the Clerk, Representative Currie moves that the House stands adjourned until tomorrow, Tuesday, May 22, at 09500057.doc 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 the house of 11 a.m. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The Motion is adopted. And the House stands adjourned."

Mahoney

"House Perfunctory Session will come to order. The following Resolutions are referred to the House Committee on Rules: House Resolution 439, offered by Representative Cross. House Joint Resolution 64, offered by Representative Jerry Mitchell. House Joint Resolution 65, offered by Representative Reis. And House Joint Resolution 66, offered by Representative Smith. Senate Joint Resolution 22, offered by Representative Chapa LaVia. And Senate Joint Resolution 47, offered by Representative Hannig. And Senate Joint Resolution 50, offered by Representative Reitz. Introduction and reading of Senate Bills-First Reading. Senate Bill 133, offered by Representative Granberg, a Bill for an Act concerning public health. Senate Bill 831, offered by Representative Lindner, a Bill for an Act concerning local government. Senate Bill 856, offered by Representative Burke, a Bill for an Act concerning education. Senate Bill 877, offered by Representative Nekritz, a Bill for an Act concerning regulation. Senate Bill 940, offered by Representative Saviano, a Bill for an Act concerning health. Senate Bill 942, offered by Representative Osterman, a Bill for an Act concerning health. Senate Bill 1041, offered by Representative Phelps, a Bill for an Act concerning civil law. Senate Bill 1400, offered by Representative Boland, a Bill for an Act concerning revenue. This has been introduction and the reading of Senate Bills-First Reading. 09500057.doc 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/21/2007 There being no further business, the House Perfunctory Session will stand adjourned." 09500057.doc 43