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Illinois House Floor Debate — June 28, 2007

95th General Assembly (2007-2008) · Legislative day 82
Chamber
House
General Assembly
95th (2007-2008)
Date
June 28, 2007
Legislative day
82
Speaker turns
126
Original
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Michael J. Madigan (D)

"The House shall come to order. The Members shall be in their chairs. We ask the Members and our guests in the gallery to turn off laptop computers, cell phones, and pagers, and we ask our guests in the gallery to rise and join us for the invocation and the Pledge of Allegiance. We shall be led in prayer today by the Reverend Rick Hohimer, who is the pastor of the Mount Olive Baptist Church in Chandlerville, Illinois. Reverend Hohimer is the guest of Representative Brauer."

Reverend Hohimer

"Let us pray. Our heavenly Father, today we come to You with grateful hearts for the blessings that You have given to us. We thank You that we live in this great nation and for all the opportunities and the freedoms and the liberties that we enjoy. We thank You for Your divine intervention in establishing this nation and for Your help in sustaining it all of these years. We thank You today for this great State of Illinois and for the millions of people who call this home. And we thank You for the opportunities that are afforded to each of us of life, liberty and the pursuit of happiness. And we thank You today for each member of this House for their unselfish devotion to their constituents and the way that they labor and toil in order to accomplish all of the business of this state. And we ask today as they prepare to work that You… Your hand would be upon them, that You would give them strength for the hours that they work to put in today, but most of all that You would give them wisdom and understanding. As they represent their constituents, let them also recognize that they represent this state and help them define needs in which 09500082.doc 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 they can come to compromise to accomplish the work that is ahead, to remain firm to their commitments, but also understand the greater need. So, help them at this time. Let Your blessing be upon each and every one of them, upon their families, and let Your name be glorified by everything that is accomplished. And we will give You the thanks for this in Jesus' name we ask. Amen."

Michael J. Madigan (D)

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

Michael J. Madigan (D)

"Roll Call for Attendance. Representative Currie."

Barbara Flynn Currie (D)

"Thank you, Speaker. Please let the record show that Representatives Dunkin, Fritchey, Graham and Joyce are excused today."

Michael J. Madigan (D)

"Mr. Bost."

Mike Bost (R)

"Thank you, Mr. Speaker. Let the record reflect that Representatives Pihos, Sommer, Bellock and Sacia are excused today."

Michael J. Madigan (D)

"The Clerk shall take the record. There being 109 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk. Mr. Bost."

Mike Bost (R)

"Thank you, Mr. Speaker. The record also needs to reflect that Representative Hassert is excused today." 09500082.doc 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007

Michael J. Madigan (D)

"Thank you, Mr. Bost. Mr. Hannig. Mr. Hannig. Page 19 of the Calendar, on the Order of Resolutions, SJR 47. Mr. Hannig."

Gary Hannig (D)

"Yes. Thank you, Mr. Speaker and Members of the House. This would name a highway after state employee who worked for the Commerce Commission who was killed in the line of duty. And it would just memorialize a highway in my district with his name. So, I move for the adoption of the Resolution."

Michael J. Madigan (D)

"The Gentleman moves for the adoption of the Resolution. Those in favor signify by saying 'yes'; those opposed by saying 'no'. The 'ayes' have it and the Resolution is adopted. Mr. John Bradley. Page 14 on the Order of Concurrence, there appears House Bill 1775. Mr. Bradley." Bradley, J.: "Thank you, Mr. Speaker, Members of the House. This is a Bill, to my knowledge, that passed through both the Senate and the House previously without objection. It is a Bill which is a… initiative of the Illinois Health Care Association and the American Association of Retired Persons. It's also supported by the Department of Public Health Council on Long Term Care. I would ask for an 'aye' vote."

Michael J. Madigan (D)

"The Gentleman moves that the House concur in Senate Amendment #2. There being no discussion, the question is, 'Shall the House concur in Amendment #2?' Those in favor vote 'aye'; those opposed vote 'no'. This will require 71 votes. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 108 people voting 'yes', 0 voting 'no'. 09500082.doc 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 The House does concur in Senate Amendment #2 to House Bill 1775. And this Bill, having received a Constitutional Supermajority vote, is hereby declared passed. On page 11 of the Calendar, on the Order of Senate Bills-Second Reading, there appears Senate Bill 1397. Mr. Bradley, John Bradley. John Bradley on 1397." Bradley, J.: "Thank you, Mr. Speaker. This is a Bill Senator Harmon had and Representative Graham had. Of course Representative Graham has been ill. And I'm glad to take this Bill over for her. Basically it has to do with sex offenders. There was some concerns from the Department of Correct…"

Michael J. Madigan (D)

"Mr. Bradley?" Bradley, J.: "Yeah."

Michael J. Madigan (D)

"Mr. Bradley." Bradley, J.: "Yes."

Michael J. Madigan (D)

"Let me ask the Clerk the status of the Bill. Mr. Clerk?"

Mahoney

"On Senate Bill 1397, Floor Amendment #3, offered by Representative Bradley, has been approved for consideration."

Michael J. Madigan (D)

"But not adopted. So, Mr. Bradley on the Amendment." Bradley, J.: "Yeah. On the Amendment, it basically fixes some concerns that the Department of Corrections had. It also clears up some language in another Bill that was sponsored by the Attorney General's Office, as well as adding some language from a Bill that we passed unanimously earlier this year. I'd ask for an 'aye' vote." 09500082.doc 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007

Michael J. Madigan (D)

"The Gentleman moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

Mahoney

"No further Amendments. No Motions filed."

Michael J. Madigan (D)

"Put the Bill on the Order of Third Reading and read the Bill for a third time."

Mahoney

"Senate Bill 1397, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."

Michael J. Madigan (D)

"Mr. Bradley." Bradley, J.: "This Bill… this Bill is basically three parts now. It basically increases the penalties for sex offenders. Cleans up some language in Senate Bill 679, which we passed earlier this year. And also adds the language from House Bill 1956, which we passed unanimously earlier this year. And which did not get through the Senate Rules Committee. Ask for an 'aye' vote."

Michael J. Madigan (D)

"The Gentleman moves for the passage of the Bill. Those in favor signify by… Representative Lindner."

Patricia Reid Lindner (R)

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

Michael J. Madigan (D)

"Sponsor yields."

Patricia Reid Lindner (R)

"Yes. What were the objections of the Department of Corrections that you addressed in Amendment #3?" Bradley, J.: "Actually, Senator Harmon addressed those and I don’t want to tell you that I know all of the details, but it, basically, I believe, it had to do with the Sex Offender Management Board. And they were able to work through those."

Patricia Reid Lindner (R)

"And what? I'm sorry." 09500082.doc 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 Bradley, J.: "They were able to work through those issues and come up with something which met the concerns of the Sponsor and addressed the issues of Corrections."

Patricia Reid Lindner (R)

"And so Corrections is for this at present?" Bradley, J.: "They're not against it. I don’t… profess to speak for Corrections."

Patricia Reid Lindner (R)

"All right. And I see that the Bill makes GPS mandatory and not subject to appropriation. Was that just for a certain class of sex offenders?" Bradley, J.: "Just a moment. I'm trying to get you an answer, Representative."

Patricia Reid Lindner (R)

"Thank you." Bradley, J.: "Can you… can you repeat the question, please?"

Patricia Reid Lindner (R)

"Well, does… I see that the Bill makes GPS mandatory and not subject to appropriations. So are there appropriations for that and does that comply with the Bill that Representative Watson passed I believe last year on GPS monitoring?" Bradley, J.: "I'm… I'm reasonably confident it does not conflict with Representative Watson's Bill. As for the appropriation, I don’t have the answer to that, nor do I know that I could get the answer to that, based upon the administration."

Patricia Reid Lindner (R)

"And there is going to be a task force on transitional housing?" Bradley, J.: "Yes, I believe that’s correct."

Patricia Reid Lindner (R)

"All right. Thank you." Bradley, J.: "Okay." 09500082.doc 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007

Michael J. Madigan (D)

"Question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? The Clerk shall take the record. On this question, there are 108 people voting 'yes', 0 voting 'no'. This Bill, having received a Supermajority Constitutional Majority, is hereby declared passed. Mr. Turner. Arthur Turner, page 19 of the Calendar, SJR 9. Mr. Turner."

Arthur L. Turner (D)

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. SJR 9 is a Resolution that was created as a result of working groups that included the down… people from the downstate Innocence Commission from University of Illinois Chicago, Cook County Public Defender's Office, State Appellate Defender's Office, the wrong… the Center for Wrongful Conviction and Northwestern University of Illinois Law School and Legislators, Representative Froehlich and Senator Hunter. We're asking for the creation of this commission and the rationale being that it would help people in noncapital… a noncapital defendant, which in most cases these people do not have any counsel on post-conviction matters. It would allow the commission to look at reforms that we could further help in terms of the prevention of cases where people have been wrongfully convicted. This is in noncapital cases and I move for the adoption of the Resolution."

Michael J. Madigan (D)

"Mr. Turner, the Clerk advises that we need to adopt the Amendment. So, Mr. Clerk, is there an Amendment?"

Mahoney

"Floor Amendment #2, offered by Representative Turner, has been approved for consideration." 09500082.doc 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007

Michael J. Madigan (D)

"Mr. Turner on the Amendment."

Arthur L. Turner (D)

"Amendment #2 basically just changes the words from 'shall' to 'may'. It’s a technical Amendment. And it also makes a slight change in terms of the makeup of the committee."

Michael J. Madigan (D)

"The Gentleman moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. On the main question, the Chair recognizes Mr. Froehlich."

Paul D. Froehlich (D)

"Thank you, Mr. Speaker. To the Bill. This… this Body established the Capital Punishment Study Commission several years ago because of wrongful convictions in capital cases. And today I hope we will follow that pattern for noncapital cases. Illinois is #1 among the fifty states in the number of DNA exonerations in noncapital cases. There have been 27 in Illinois. And the average number of years spent in prison by those who have been exonerated is 17 years. We… convicting the wrong person doesn't help the victims. It doesn’t help society because the real perpetrator's out there. We want to make our criminal justice system as accurate as possible. This… this commission will make recommendations so that we can make changes to… to prevent error and to make sure, better sure that justice is… is achieved. So I would encourage an 'aye' vote."

Michael J. Madigan (D)

"Mr. Turner to close."

Arthur L. Turner (D)

"Thank you, Mr. Speaker. I think, as the previous speaker also added to the words that we spoke of earlier, 09500082.doc 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 there is a need for this commission. And I move for the adoption of the Resolution."

Michael J. Madigan (D)

"Mr. Black."

William B. Black (R)

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

Michael J. Madigan (D)

"The Sponsor yields."

William B. Black (R)

"Representative, what… what force of law will this Justice Study Commission have? It's created by a Resolution, not by statute. So, what… what actual impact, for lack of a better word, could this commission have on the judiciary?"

Arthur L. Turner (D)

"It could help in a number of cases, Representative. They make recommendations in terms of once we look at… or as… as wrongful convictions are uncovered, the and you study how those convictions came about in the first place, it would be the intent of looking at whether it was law enforcement or whether it was the prosecutor's office trying to find where the problem existed. And many of these DNA cases, the fact that… in fact, DNA alone says that there's been something wrong in terms of the way cases have been handled. And because of the technology today and some of the changes and the advances that we have, it is the hope that the commission and their study of these wrongful convicted cases we'll see if there's some pattern or something that we can avoid in the future. You're absolutely right. Legally it doesn’t change anything in terms of the defendant in his particular case, but it may help prepare us for making certain that justice is served in the future. There is a Capital Punishment Study Committee 09500082.doc 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 right now that has been reviewing some of the recommendations that came about as a result of this commission looking at capital cases. And some of those recommendations have been widely accepted by both the prosecutor's office, judiciary and certainly with the support of the Legislative Body."

William B. Black (R)

"I… I appreciate that. But the judicial branch would not be bound by any of the suggestions made by… by this committee, correct?"

Arthur L. Turner (D)

"That's correct."

William B. Black (R)

"They could take it under advisement; they could ignore it. I guess what I'm trying to figure out is given the ability of post-conviction motions, the fact that most inmates have access to a law library and… and from what I understand and have seen, very good law libraries, and can file their own motions…"

Arthur L. Turner (D)

"Well, that’s… that’s not true in noncapital cases, Representative. In the capital cases, death penalty cases, you're absolutely right. But in noncapital cases, the defendant does not have the right to counsel on post- conviction. And so it's… you know, it's those cases that we're asking this commission to study. But in the cases of, as you say, in regards to capital cases, counsel is there, law library. I mean, there are a number of tools that are available, but to defendants in noncapital cases, they do not have those same tools."

William B. Black (R)

"I thank you for that. You're absolutely right, and I apologize. What… what would limit the scope of this commission? I mean, would they examine all noncapital 09500082.doc 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 cases? Those… those cases only that were called to their attention? I mean, how… what would determine their agenda?"

Arthur L. Turner (D)

"It would be those cases that have been… some of the cases that have been post-pardoned. Cases that have been resolved already."

William B. Black (R)

"All right. So, in other words they would be limited in scope to only those cases where the defendant has already been found innocent of the charges and I would assume released from custody, correct?"

Arthur L. Turner (D)

"You're correct. And it would be those noncapital violent cases where claims have been made to the commission. The commission itself would ultimately determine which cases and prioritize which cases they would look at. I think that if you look at the makeup of the commission, I think it's fairly representative of both prosecutors as well as defense attorneys and others."

William B. Black (R)

"Well, any… any case of wrongful conviction obviously is a miscarriage of justice. And I hate to ask this question, but I feel compelled to do so. Even though a wrongful conviction may subject the state or the local officials to costs through the civil courts, how would this commission be paid? I mean it would appear to me that this commission could have a… I wish they didn’t have any case load or… or study load, but they might have a hundred (100) a year, which would require a substantial amount of time. Now are they going to have an executive director or a staff to do the legal work? Or will this just be a committee that… that 09500082.doc 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 meets three or four times a year to… to review these wrongful convictions?"

Arthur L. Turner (D)

"I'm just taking, for example, the Capital Punishment Study Commission which myself and Representative Durkin serves on. I know that staff is, in fact or would be required. Senator Hunter and I have sought some finances through the budgetary process to fund this commission. Senator Hunter feels confident that she'll be able to garnish support in the Senate for a stipend. I won't say stipend but allocation of funds to help staff this commission, which would certainly be a necessary component to make it a viable commission and one that I think could be very effective. And it is my intent to as we continue these negotiations over the next thirty (30), sixty (60), ninety (90), one hundred and twenty (120), one hundred (100_ and… I don’t know how many days to a… seek some funding to a… keep this commission alive or to help in a… keeping it… to help give it birth, I should I say."

William B. Black (R)

"All right. Thank you very much, Representative."

Michael J. Madigan (D)

"The question is, 'Shall the House adopt the Resolution?' Those in favor signify by voting 'yes'; opposed by voting 'no'. Have all voted who wish? Has Mr… Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 107 voting 'yes', 0 voting 'no'. The House does adopt SJR 9. Mr. Bost."

Mike Bost (R)

"Thank you, Mr. Speaker. I'm sorry. We need to also record that Representative Kosel is excused today. If we 09500082.doc 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 keep running along today, we will go ahead and just excuse everybody before the day's out."

Michael J. Madigan (D)

"Representative Nekritz on SJR 27."

Elaine Nekritz (D)

"Thank you, Mr. Speaker. Senate Joint Resolution 27 asks the State of Illinois to adopt standards that are included in the 2030 Resolution regarding the energy consumption of buildings and asks that by the year 2030 all buildings be carbon neutral. The focus of this is on State of Illinois buildings, new buildings and renovations, and I ask for your support."

Michael J. Madigan (D)

Speaker Madigan: "The Lady moves for the adoption of the Resolution. Is there any discussion? The Chair recognizes Mr. Winters."

Dave Winters (R)

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

Michael J. Madigan (D)

"Sponsor yields."

Dave Winters (R)

"Just for clarification. The reading of the actual language of the Resolution was unclear in committee. But this is designed or the intent at least is to deal with state buildings, not all buildings in the state?"

Elaine Nekritz (D)

"Representative, I acknowledge that the… that the… that the language can be a little unclear in this, but I believe that the first Resolution does indicate… The first Resolution indicates that all State of Illinois buildings meet the following targets, and the fourth Resolution simply says that all other new construction, renovation, repairs meet these standards to the maximum extent possible. So, yes, that is… that is the intent, I believe."

Dave Winters (R)

"There… there are no sanctions in here for architects or builders or owners of buildings that don’t use greenhouse 09500082.doc 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 gas standards, but we're basically making a political statement or statement of principle that we ought to be heading in that direction."

Elaine Nekritz (D)

"That’s correct, Representative. And certainly… and certainly we're not imposing sanctions on ourselves either."

Dave Winters (R)

"Thank you. I've done my part today to make sure that the Legislature actually is doing what it's suppose to do."

Elaine Nekritz (D)

"We're grateful."

Michael J. Madigan (D)

"The question is, 'Shall the House adopt SJR 27?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Has Mr. Leitch voted? Clerk shall take the record. On this question, there are 107 people voting 'yes', 0 voting 'no'. The House does adopt SJR 27. Mr. Will Davis, SJR 35." Davis, W.: "Thank you, Mr. Speaker. Senate Joint Resolution 35 is a Resolution that supports and encourages the Department of Healthcare and Family Services in its efforts with regard to disea… to disease management to include chronic obstructive pulmonary disease, otherwise known as COPD, in the department's chronic care improvement program in an effort to reduce the financial and clinical burden of COPD on the Medicaid program as well as the citizens of Illinois. I ask for an 'aye' vote."

Michael J. Madigan (D)

"The Gentleman moves for the adoption of the Resolution. There being no discussion, the question is, 'Shall the House adopt SJR 35?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. The Clerk shall take record. On this question, there are 107 voting 'yes', 09500082.doc 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 0 voting 'no'. The House does adopt SJR 35. Representative Nekritz, SJR 46."

Elaine Nekritz (D)

"Thank you, Mr. Speaker. SJR 46 urges reuse and recycling for cell phones. Again, there are no sanctions or… or mandates in this. And I urge an 'aye' vote."

Michael J. Madigan (D)

Speaker Madigan: "The Lady moves for the adoption of the Resolution. There being no discussion, the question is, 'Shall the House adopt the Resolution?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? The Clerk shall take the record. On this question, there are 107 people voting 'yes', 0 voting 'no'. The House does adopt SJR 46. Mr. Osterman, do you wish to call SJR 52? Mr. Osterman?"

Harry Osterman (D)

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Joint Resolution 52 is identical to House Joint Resolution 55, and it would call on the General Assembly and the Governor to allocate a hundred million dollars ($100,000,000) in a capital program that would be used for open lands within our state for acquisition, funding the Hunting Heritage Protection Acts for more lands for hunting. The goal is to begin to bring Illinois online with more open space that will be there for our state now and in the future. I ask for an 'aye' vote."

Michael J. Madigan (D)

"The Gentleman moves for the adoption of the Resolution. There being no discussion, the question is, 'Shall the House adopt SJR 52?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 107 people voting 09500082.doc 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 'yes', 0 voting 'no'. The House does adopt SJR 52. Mr. John Bradley, SJR 53." Bradley, J.: "SJR 53 is the Resolution which commits to writing the recommendations of the bipartisan Joint Task Force on Rural Health. It is the effort of many hours and days and months of work by this Body, as well as the Senate. And I would ask for an… a 'yes' vote on that issue."

Michael J. Madigan (D)

"The Gentleman moves for the adoption of SJR 53. There being no discussion, the question is, 'Shall the House adopt SJR 53?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. The Clerk shall take the record. On this question, there are 107 people voting 'yes', 0 voting 'no'. The House does adopt SJR 53. The Chair recognizes Representative Currie for a Motion."

Barbara Flynn Currie (D)

"Thank you, Speaker. I move that the House reconsider the vote by which Senate Bill 122 passed. I do so, not because I have any substantive argument with the Bill, but because there was a glitch in the technical procedures. We need to reconsider the vote so we can bring the Bill back for an Amendment. So I'd appreciate your support for the Motion."

Michael J. Madigan (D)

"Representative, is your Motion relative to House Bill 122?"

Barbara Flynn Currie (D)

"Excuse me. I said Senate. You are right, it is House Bill 122."

Michael J. Madigan (D)

"So, the Lady moves to reconsider the vote by which House Bill 122 passed. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Do the following people 09500082.doc 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 wish to vote? The Clerk shall take the record. On this question, there are 107 people voting 'yes', 0 voting 'no'. The House does reconsider the vote by which House Bill 122 passed. Supplemental Calendar #1, on the Order of House Bills-Third Reading, there appears House Bill 122. Mr. Clerk, what is the status of the Bill?"

Mahoney

"House Bill 122 is on the Order of House Bills- Third Reading."

Michael J. Madigan (D)

"Put the Bill on the Order of Second Reading. Mr. Clerk, are there any Amendments?"

Mahoney

"Floor Amendment #1, offered by Representative Saviano, is approved for consideration."

Michael J. Madigan (D)

"Mr. Saviano."

Angelo Saviano (R)

"Thank you, Mr. Speaker, Members of the House. Floor Amendment #1 simply adds to the Bill the standard language where we're upping the fines for violations from one thousand to ten thousand (1,000 to 10,000). That doesn’t necessarily mean all the fines will be ten thousand (10,000). We're doing this across the board on all these Licensure Acts. And I would ask that Floor Amendment #1 be adopted."

Michael J. Madigan (D)

"The Gentleman moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

Mahoney

"No further Amendments for consideration."

Michael J. Madigan (D)

"Put the Bill on the Order of Third Reading. Mr. Clerk, read the Bill." 09500082.doc 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007

Mahoney

"House Bill 122, a Bill for an Act concerning regulation. Third Reading of this House Bill."

Michael J. Madigan (D)

"Mr. Black."

William B. Black (R)

"Mr. Speaker, an inquiry of the Chair?"

Michael J. Madigan (D)

"What's your inquiry?"

William B. Black (R)

"On the Bill in question, I was under the impression that the Amendment that needed to be added, the one that was skipped originally, was Floor Amendment #2. Now we just adopted Floor Amendment #1."

Michael J. Madigan (D)

Speaker Madigan: "Mr. Clerk, what was the number of the Amendment that was just adopted?"

Mahoney

Clerk Mahoney: "Floor Amendment #1 was adopted and Floor Amendment #2 was previously adopted to this Bill."

William B. Black (R)

"Well, if it was previously adopted, then why are we reconsidering the Bill? One of these Amendments was obviously not adopted."

Michael J. Madigan (D)

"Mr. Saviano."

Angelo Saviano (R)

"Thank you, Mr. Speaker. Floor… Floor Amendment #1… Floor Amendment #2 added to Floor Amendment #1, so it was… it was imperative that we put Floor Amendment #1 on there. Now this makes the Bill right."

William B. Black (R)

"Okay. Fine. Thank you very much."

Michael J. Madigan (D)

"I believe the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. This will require 71 votes. The Clerk shall take the record. On this question, there are 107 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 9 of the Calendar, on the Order 09500082.doc 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 of Senate Bills-Second Reading, there appears Senate Bill 360. What is the status of that Bill?"

Mahoney

"Senate Bill 360 has been read a second time, previously. Floor Amendments 1, 2, 3, and 4, offered by Representative Saviano, have all been approved for consideration."

Michael J. Madigan (D)

"Mr. Saviano."

Angelo Saviano (R)

"Thank you, Mr. Speaker and Members of the House. Senate Bill 360 is our nurses rewrite Bill. Floor Amendment #1 is part of the agreement between all of the parties. Illinois State Medical Society, Illinois Hospital Association, everybody's on board on this Amendment. I ask be adopted."

Michael J. Madigan (D)

Speaker Madigan: "The Gentleman moves for the adoption of Amendment #1. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there further Amendments?"

Mahoney

"Floor Amendment #2, offered by Representative Saviano."

Angelo Saviano (R)

"I would ask for Floor Amendment #2 be withdrawn."

Michael J. Madigan (D)

"Floor Amendment #2 shall be withdrawn. Are there further Amendments?"

Mahoney

"Floor Amendment #3."

Angelo Saviano (R)

"I would ask Floor Amendment #3 be withdrawn."

Michael J. Madigan (D)

"Floor Amendment #3 shall be withdrawn. Mr. Clerk."

Mahoney

"Amendment #4."

Angelo Saviano (R)

"Thank you, Mr. Speaker. Amendment #4 incorporates the language from Floor Amendment 2 and 3. This also is the 09500082.doc 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 final touches to the agreement for the renewal of the sunset and licensure for the Illinois nurses. And I ask that Amendment #4 be adopted."

Michael J. Madigan (D)

Speaker Madigan: "The Gentleman moves for the adoption of Amendment #4. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

Mahoney

"No further Amendments. No Motions filed."

Michael J. Madigan (D)

"Put the Bill on the Order of Third Reading and read the Bill for a third time."

Mahoney

"Senate Bill 360, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."

Michael J. Madigan (D)

"Mr. Saviano."

Angelo Saviano (R)

"Thank you, Mr. Speaker. Senate Bill 360, as amended, again is a piece of landmark legislation that renews the Nurses Practice Act across the state. We've been working on this Bill literally for the last six months. And I commend all the parties that were involved. We were able to get through some tough issues and now there are no known opponents, and I think we have a good piece of legislation to oversee on how our nurses in this state treat our constituents. And I would ask for a favorable vote on Senate Bill 360, as amended."

Michael J. Madigan (D)

"The Gentleman moves for the passage of the Bill. There being no discussion, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. This Bill will require 71 votes. The Clerk shall take the record. On this question, there are 107 people voting 'yes', 0 voting 'no'. This 09500082.doc 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 Bill, having received a Constitutional Supermajority vote, is hereby declared passed. Mr. Clerk, Agreed Resolutions."

Mahoney

"On the Order of Agreed Resolutions are House Resolution 533, offered by Representative Brady. House Resolution 554, offered by Representative Black. House Resolution 555, offered by Representative Holbrook. House Resolution 556, offered by Representative Joyce. House Resolution 557, offered by Representative Reis. House Resolution 558, offered by Representative Osmond. House Resolution 559, offered by Representative Riley. House Resolution 560, offered by Representative Yarbrough. And House Resolution 561, offered by Representative Flider."

Michael J. Madigan (D)

"Representative Currie moves for the adoption of the Agreed Resolutions. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Agreed Resolutions are adopted. The Chair is prepared to adjourn until 9 a.m. tomorrow morning. If there's nothing further to come before the Body, Representative Currie moves that the House stand adjourned until 9 a.m. tomorrow morning, providing perfunctory time for the Clerk. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The House does stand adjourned until 9 a.m. tomorrow morning, providing perfunctory time for the Clerk."

Mahoney

"House Perfunctory Session will come to order. Committee Reports. 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 June 28, 2007, reported the same back with the following recommendation/s: 'approved for 09500082.doc 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 82nd Legislative Day 6/28/2007 floor consideration' is a Motion… Amendment #2… Amendment #3 to Senate Bill 17 a Motion to Concur in Senate Amendment #1 to House Bill 1648. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motion were referred, action taken on June 28, 2007, reported the same back with the following recommendation/s: 'approved for floor consideration' and referred to the Order of House Bills-Second Reading is House Bill 3740. Introduction and referrals. Introduction of Senate Joint Resolution 59, offered by Representative McCarthy, referred to the House Committee on Rules. Second Reading of House Bills. House Bill 3740, offered by Representative Madigan, a Bill for an Act that creates FY2008 Budget Implementation Act. Second Reading of this House Bill. This Bill will be held on the Order of Second Reading. There being no further business, the House Perfunctory Session will stand adjourned." 09500082.doc 22