Illinois House Floor Debate — April 8, 2008

"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. We ask our guests in the gallery to 09500248.doc 1  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 rise and join us for the invocation. We shall be led in prayer today by Shaun Lewis, who is ministering with the Capital Ministries in Springfield, Illinois. Mr. Lewis is the guest of Representative Aaron Schock."

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

"Roll Call for Attendance. Representative Currie."

"Thank you, Speaker. Please let the record reflect the excused absences of Representatives Feigenholtz, Hamos, Riley, Washington and Rich Bradley."

"Mr. Bost." 09500248.doc 2  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"The Clerk shall take the record. There being 110 Members responding to the Attendance Roll Call there is a quorum present. Mr. Clerk… Representative Osmond, do you wish to call House Bill 4157? 4157. Mr. Clerk, what is the status of the Bill?"

"Representative Osmond on the Amendment."

Speaker Madigan: "The Lady 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?"

"Third Reading. Representative Pihos, do you wish to call 5240? Mr. Clerk, what is the status of the Bill?"

"Put the Bill on the Order of Third Reading and read the Bill for a third time. The Clerk advises that the Bill had not been read for a second time prior to today. Mr. Clerk, have you read the Bill for a second time?"

"Put the Bill on the Order of Third Reading. Mr. Pritchard, do you wish to call 4206? Mr. Clerk, what is the status of 4206?"

"Mr. Pritchard on the Amendment."

"The Gentleman moves for the adoption of the Amendment. Did you wish to offer an explanation as to what's in the Amendment?"

"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?"

"Put the Bill on the Order of Third Reading. Mr. Clerk, was the Bill read for a second time prior to today?"

"Did you read it for a second time today?"

"All right. Put the Bill on the Order of Third Reading. Representative Golar, do you wish to call House Bill 3653? 3653. Mr. Clerk, what is the status of the Bill?"

"Representative Golar."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 3653 is a Bill that creates the Medical Malpractice Liability Insurance Premium Assistance Fund Program. It provides for a Medical Malpractice Liability Insurance Premium Assistance Fund to be created as a 09500248.doc 5  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 special fund in the State Treasury to be used by the Divisions of Insurance to provide assistance for the payment of medical malpractice liability insurance premiums to physicians in the state and who maintain their practice in low-income areas. This Bill, primarily, is set up to draw physicians that would not come into underserved communities and actually give them ten thousand dollars ($10,000) per year if they will serve in an underserved community off of their student loan and that service could be from two (2) to three (3) years or from two (2) to five (5) years. And many of our… because of the malpractice issues that are going on across the nation and of course, in the underserved communities, to draw these physicians this Bill was put… was written for that purpose and that purpose only. I also added in… the rural states that have a population of twenty thousand (20,000). I had talked to Representative Rose last year when I brought this Bill into committee and then I added in the rural states. So, I think that this would really help many of our hospitals that need good physicians and for some reason or another they're not coming into our areas. And I would be happy to take any questions."

Speaker Madigan: "The Lady 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?"

"Mr. Flider?" 09500248.doc 6  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

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

"On this Bill?"

"No."

"Could you wait just one second, please? Mr. Clerk, is the Bill prepared to be moved to Third Reading?"

"Put the Bill on the Order of Third Reading. The Chair recognizes Mr. Flider."

"Thank you, Mr. Speaker. A point of personal privilege."

"State your point."

"Yes. Mr. Speaker, Ladies and Gentlemen of the House, we… I have with me here today, in our gallery to my left, some of the finest students that we have in Eisenhower High School in Decatur. They're here on a field trip to learn about student government. I wish you'd give them a warm welcome to Springfield today."

"Mr. Black, are you prepared to call House Bill 4297? Mr. Black? Mr. Clerk, read the Bill for a third time."

"Mr. Black."

"The Gentleman moves for the passage of the Bill. Is there any discussion? There being no discussion, the question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Fortner, did you wish to call House Bill 5263? Mr. Clerk, read the Bill."

"Mr. Fortner."

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

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

"Sponsor yields."

"What's the intention that you're trying to accomplish by doing this?"

"But from that standpoint, the reason there would be a vacancy is because nobody decided to avail themselves of the opportunity to circulate petitions to run for office, isn't that correct?"

"But this would be the candidate that was nominated by the Party to circulate. So, you're really circulating knowing that nobody else can circulate against you. So, it seems to be almost an exercise in futility from that standpoint. Do you see where I'm going?"

"Well, here let's just… let's just take a real world example here. A number of people got appointed to fill vacancies on the ballot yesterday. So, you're saying that when those individuals would be appointed to fill that vacancy, they would still need to go and circulate petitions?"

"But understood… but what you're saying… so let's just say that they're taking a fictional John Doe gets appointed to run in the General Election in one of these races. You would require him to circulate petitions even though he's been appointed and even though nobody else could circulate to run against him in his stead as the Party nominee, is that correct?"

"Well, with all… with all due respect, it… it just strikes me as somewhat… and… and again, I mean no disrespect, but an exercise in futility to say that you are going to have only one potential candidate and that that candidate would still need to file petitions to run, even though they've already been appointed to the ballot. I appreciate you answering my questions. I just disagree with the Bill. Thank you."

"Mr. Froehlich."

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

"Sponsor yields."

"Representative, would… would your requirement apply if a Primary candidate is nominated, but then resigns from the ballot before the election?"

"Why not?" 09500248.doc 11  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"I see. Well, in… in either case you'd have a… a candidate who did not collect signatures on his or her own behalf on the ballot, under your Bill."

"Right."

"Do you think the likely effect of your Bill, were it to become law, would be to reduce the amount of competition in legislative races?"

"Well, I… I'm sure you're aware, right now, in the General Elections, about half of legislative seats are uncontested by the two (2) Parties. And my concern is by making it harder for either Party to fill a vacancy, you're going to have even less competition than we have now and right now, we don't have a whole lot. I… I'm sure you'd agree."

"Well, I… I'm afraid… a foreseeable effect of your Bill would be to have fewer candidates on the ballot because you're… you're erecting now another hurdle that candidates would have to jump. And again, when we have half of the seats uncontested, I… I don't think it's appropriate to make it even harder to have competition. Thank you."

"Mr. Ramey."

"Sponsor yields."

"Mr. Lang."

"Thank you. Will the Sponsor yield?"

"Sponsor yields."

"Thank you. Representative, can we agree that in the initial stages of a Primary campaign where we don’t have a vacancy, just a regular election where you and I… you would have an opponent and everyone files petitions, can we agree that the petition process is so that people can go… that that process has been created so people can go get their 09500248.doc 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 support and everybody files their petitions, and you find out who your opponent is at that time in your Primary?"

"Right. But then you determine whether there's a Primary… where there's more than one person has filed their petitions for that office and then there's a Primary, correct?"

"Now, all of this is set up by a process in the statute, the process designed to get us our candidates for public office, correct?"

"All right. So, we created a process years ago whereby if no one files petitions for an office, the local Party 09500248.doc 15  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 machinery gets to appoint. And you're not proposing to change that, is that correct?"

"But it seems that that's the part you don't like. So, my question now would be, why don't you propose to change that?"

"So, would it not be better then to require that that local political Party machinery have a period of time where they have to vet candidates who will then go out and get their petitions before the filing process? In other words, to what benefit is there when there's only one candidate chosen, that person is going to be on the ballot as soon as they go out and do all this busy work that you propose, so they can get enough signatures to get on the ballot after they're really already on the ballot. Wouldn't it be better to do it in front and to say to these political Parties filling these openings, go make sure these people get the petitions and file them by a given date so they can be on the ballot, rather than do it afterwards?"

"Right. But failing to do that, now you want to put a requirement on these folks after they're basically appointed to the ballot to fill this position, go out and get these signatures. Would it not be better and would we not perhaps get more interest drummed up for these candidates if the local political machinery were required to say to somebody, well, we want you to be our candidate but you better these petitions first? I'm not objecting to the petitions, I'm objecting to where in the process that you want to require it."

"Thank you. Mr. Speaker, Ladies and Gentlemen, to the Bill. I don't have any real objection to the notion that these folks that we're going put on the ballot to fill these open nominations have to go get signatures. I could probably be convinced that they don't need them, but I… I don't really have a problem conceptually with that. What my problem with the Representative's Bill is the order he wants to do this in. So, the local Party machinery picks somebody at random, at least from the outside world it looks like at random. They say, you're running. And they basically appoint them to the ballot as they do now but then they have to go get signatures so they can remain on the ballot. It seems to me, the Representative would have a far better Bill if he said that these folks to prove that they have some kind of support beyond the Party apparatus, if they were required to get these signatures as a pre- condition to being appointed to fill this slot by the local political Party. That would make much more sense. And if I'd had had the opportunity I would have filed an Amendment to your Bill, Representative, to do that. Since I don't have time to do that, I'm just simply going to recommend 'no' votes at this time."

"Mr. Joe Lyons."

"Thank you, Speaker, Ladies and Gentlemen of the House. I do rise in support of Mike Fortner's Bill. My… my basic question to my Members would be this, why would we want to make it any easier for somebody to be appointed to run against us than to not make them jump through the same hoops that we have to? Now, Representative Lang may be 09500248.doc 18  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 onto a good idea which could make a good Bill even better. I don't want to suggest things, as it's Representative Fortner's Bill, but if he wants to make that change to make it better that's up to him or we can do trailer legislation to follow it. But to make it easier for an appointed candidate to run against us, than that the obligations that we have as… as slated candidates through the regular Primary process, makes absolutely no sense. So, I strongly support this effort. Would hope Members on my side of the aisle would certainly join Representative Fortner and support this Bill. Thank you."

"Mr. Jerry Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. What I was going to say was… was simply said by the last speaker. And I agree wholeheartedly with Representative Lyons on what he said. Basically, we're at a point now where we must go out get petition signatures and then wait for a time when someone can be appointed by four (4) or five (5) people and they don't have to go out and show their sincerity to the people of their district by getting to know them, talk to them, discuss the issues and pick up those same signatures. I… I wholeheartedly support the Bill. I could support it either way, before or after. I'm afraid we might run into a time crunch if they have to do it before, but I could… I could vote for the Bill either way. I certainly see a lot of merit in it. I think it gives the people of the district more of a chance to be a part of the political process than it is right now. So, I support the Bill. Thank you."

"Mr. Winters." 09500248.doc 19  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 97 people voting 'yes', 13 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, Committee Report."

"Mr. Moffitt."

"State your point."

"Mr. Dunkin."

"Thank you, Mr. Speaker and Members of the House. A point of personal privilege."

"State your point."

"Today, we have visiting us students from my district. They happen to be from one of the top schools in the State of Illinois, the new and improved and very, very talented student body of the Jones College Prep from my district. If you please could stand. Give them a warm Springfield welcome. Welcome to Springfield."

"House Bill 4723. Mr. Hannig. Mr. Clerk, read the Bill."

"Mr. Hannig." 09500248.doc 21  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Yes, thank you, Mr. Speaker and Members of the House. This is an initiative that comes to us from the Procurement Policy Board, which is a legislative branch agency that oversees the contracts in part that the State of Illinois enters into. It's the watchdog agency that keeps an eye on CMS and… and other state agencies. At the time that this Bill was introduced, there was some question as to the duration of a state contract. And the language that currently exists when they talk about leases, says leases shall be for a term not to exceed ten (10) years and shall include a termination option in favor of the state after five (5) years. And so, there was some dispute as to what that meant. This year that dispute arose because the Department of Central Management Services believed that they could do extensions of the lease beyond ten (10) years. So, that's a change in the practice that we've had in the past. And this Bill would say that the leases shall be for a term not to exceed ten (10) years, inclusive of the proposed contract renewals. Now, CMS has changed their position and now agrees with this Bill. But I think it's important that we go forward, because the future administration may come back to the position where they try to extend leases beyond ten (10) years. So, that's what the Bill does. I'd be happy to answer any questions. I'd ask for your 'yes' vote."

"The Gentleman moves for the passage of the Bill. The Chair recognizes Representative Mulligan."

"Sponsor yields." 09500248.doc 22  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Yes, ten (10) years, Representative. That's what we feel is the maximum duration. And this… the language… all this says is inclusive of proposed contract renewals. So, it's spells that out."

"Yes."

"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? The Clerk shall take the record. On this question, there are 110 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Jakobsson on House Resolution 1016."

"Thank you, Mr. Speaker. I have House Resolution 1016 which honors… well, congratulates Angela and Pat Devaney of Champaign on the birth of their first son, Martin Raymond Devaney. He was born January 28 at Carle Hospital. Pat Devaney is a member of the Associated Firefighters of Illinois Executive Board and lieutenant with the Champaign Fire Department. I believe he's here today. He's currently president of the Champaign 09500248.doc 23  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 Firefighters. And the Resolution was passed and I want everyone to join in with me congratulating Pat and Angela on the birth of their first son. Thank you."

"Representative Hannig is in the Chair. Is there any discussion? So, Representative Beiser, you're recognized on House Bill 4692. Out of the record. Representative… Representative D'Amico, you have House Bill 5093. Out of the record. Representative Monique Davis on House Bill 4160. Representative Davis, do you wish us to read that Bill? Read the Bill, Mr. Clerk."

"The Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. House Bill 4160 amends the Elevator Safety and Regulation Act to require a conspicuous notice to be placed in an elevator that malfunctioned in a manner that required a fire department to respond to the malfunction. And it provides that only an elevator mechanic may remove the sticker. And it allows the State Fire Marshal to adopt the rules."

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

"Thank you, Speaker. And I… I understand what you're trying to do, I believe, which is notify the public that there was a problem with this elevator. So, the sticker would stay on for how long?" 09500248.doc 24  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 Davis, M.: "The sticker would stay on it until there was a need to remove it, I don't know. There doesn't seem to be any notice for removal."

"So, is it your intention that…" Davis, M.: "I mean the…"

"…that if an elevator malfunctions…" Davis, M.: "…the mechanic can remove it. Once it's repaired, the elevator mechanic can remove it."

"Well, it… it says that only a mechanic can remove it, but it doesn't say when the mechanic can remove it. So, I mean can they… can he put it up and take it down the same day?" Davis, M.: "If he repairs it."

"I… I'm not trying to be difficult, I just… you know, what you're doing is giving the responsibility to the elevator mechanic. You're giving him the responsibility to remove the sticker, but not telling him whether it needs to be up there for a day, a week, a month, until the problem is fixed?" Davis, M.: "Well, once the elevator has been repaired… you know, what's… what's the problem? If it's repaired, what's the problem? You see, part of the problem was some people were using unqualified janitors to so call repair an elevator and the elevator was not repaired. So, this is an elevator mechanic has to repair it and then he places a sticker on it that he repaired it."

"Actually, it… it doesn't say anything about the fact that the mechanic has to repair it. This only talks about the sticker and that a sticker should be placed. And a… 09500248.doc 25  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 again, Representative, I… I'm not trying to derail you here. I'm just trying to say that, what the Bill says and what you want it to do may be two different things." Davis, M.: "It says that… here's what it says. It's on line 16. A sticker placed within a malfunctioning elevator may be removed only by an elevator mechanic licensed under the Act."

"Correct. But it doesn't say when they should remove it. It doesn’t say that he can remove it before the elevator is fixed." Davis, M.: "I'm sure he'll make that intelligent determination."

"He… he's going to be bound… he or she's going to be bound to follow the law, but the law… we're not giving… we're…" Davis, M.: "Well, I mean if there's no law that says you remove it a week later or two (2) weeks later, then the elevator mechanic will decide when to remove it."

"Okay." Davis, M.: "Thank you."

"The Gentleman from Vermilion, Representative Black."

"Indicates she'll yield."

"Representative Davis to close." Davis, M.: "I just… I think this is legislation just intended to provide a… a satisfaction of safety for people who use elevators and the elevator mechanic would simply put a sticker on when the fire department has been called to state that that elevator has been checked and is in good working order. And I ask for a favorable vote." 09500248.doc 28  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"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 Black, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Beiser, do you wish us to read House Bill 4692? Mr. Clerk, read the Bill."

"Mr. Clerk, return this to the Order of Second Reading at the request of the Sponsor. Are there any Amendments?"

"Representative Beiser."

"Yes, House… Thank you, Mr. Speaker. House Bill 4692 is a victim's notification. Basically, what we're trying to do is get… make sure as much as possible that the victims are notified of any parole hearing. And that's what this does. I'd be happy to answer any questions. But I'd request an 'aye' vote."

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

"Third Reading. Representative Durkin, you have House Bill 5513. Do you wish us to read this Bill? Out of the record. Representative Ford, you have House Bill 4612. Representative Ford? Out of the record. Representative Fritchey, you have House Bill 5141. Do you wish us to read this Bill? Okay. Out of the record. Representative Froehlich on House Bill 4303. Out of the record. Representative Hernandez, you have House Bill 5230. Do you wish us to read that Bill? Read the Bill, Mr. Clerk."

"Representative Hernandez."

"Thank you, Speaker. Ladies and Gentlemen of the House, House Bill 5230 does two (2) things. The Bill clarifies that the escape statute applies to both adults and juveniles who commit the offenses of escape or aiding escape. Currently, the statute refers to a person convicted of a felony and because juveniles are adjudicated, not convicted, the plain language of the statute does not include juveniles. This simply fixes a tech… a technical loophole. The second part of the Bill distinguishes the penalties for aiding and escape… aiding an escape while armed with a dangerous weapon. I ask for your 'aye' vote."

"Is there any discussion? The Gentleman from DuPage, Representative Reboletti."

"Indicates she'll yield." 09500248.doc 30  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"We did add an Amendment and what the Amendment did was actually… it does increase the penalty, but it's not… it… it had included non-probational, we have taken that out of lang… the language."

"Yes. The purpose behind increasing the penalty and… and leaving that, I mean, it… currently, it wasn't doing anything. So, at least we are trying to increase the penalty by… if the… the person should escape." 09500248.doc 31  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

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

"I ask for your 'aye' vote."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representatives Lyons, Granberg, Golar and Dugan, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 110 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Holbrook, you have House Bill 4710. Read the Bill, Mr. Clerk."

"Representative Holbrook."

"Thank you. House Bill 4710 is just a cleanup as recommended by the IEPA. It eliminates some programs that have been declared unconstitutional and some of those are obsolete and haven't been used in years. And it amends the Alternate Fuels Act, which allows a greater period of time for our people in the State of Illinois to receive a rebate for a conversion program if they did it on their vehicles. I know of no opposition to the Bill." 09500248.doc 32  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Ryg, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 109 voting 'yes' and 1 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Eddy, for what reason do you rise?"

"State your point."

"Representative… Representative Cole, for what reason do you rise?"

"Yes, the record will reflect your intentions, Representative. Representative Jakobsson, you have House Bill 5348. Mr. Clerk, read the Bill."

"Representative Jakobsson." 09500248.doc 33  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Thank you, Mr. Speaker. House Bill 5348 is a Bill that creates the Mercury Thermostat Collection Act. The Bill requires that thermostat manufacturers create and maintain a program aimed at the collection and recycling of thermo… mercury thermostats. The Bill would apply to products that use a mercury switch to sense and control room temperature in residential, commercial, industrial and other buildings, exempting thermostats that are used as part of a manufacturing or industrial application. The vast majority… oh, okay. The vast majority of mercury thermostats that are taken out of service are disposed of in the regular trash. And once these are in the trash, the glass vile in the thermostat which holds three (3) grams of mercury is very likely to break on route to the transfer station or landfill allowing the mercury to escape into the environment. So, this would be a very good Bill to pass. It's patterned on the one that we did for collecting car thermostats."

"The Lady moves for the passage of House Bill 5348. 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 110 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Joyce, you have House Bill 5579. Out of the record. Representative Lyons, you have House Bill 4582. Out of the record. Representative McCarthy, you have House 09500248.doc 34  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 Bill 5707. Out of the record. Representative McGuire, you have House Bill 4813. Do you wish us to read that Bill? Mr. Clerk, read the Bill."

"Representative McGuire."

"Thank you, Mr. Speaker. House Bill 4813 is an appropriation Bill for the Trinity Services of Will County and it's for fetal alcohol syndrome. The money is subject to appropriation in the Bill and I would appreciate any consideration for this Bill. Thank you."

"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Saviano and Will Davis, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 107 voting 'yes' and 3 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Meyer, you have House Bill 5013. Do you wish us to read that on Third? Jim Meyer. Out of the record. Representative Osmond on House Bill 4162. Okay. She's… she's indicating out of the record. Representative Reis on House Bill 4843. Do you wish to read this Bill? Okay. Read the Bill, Mr. Clerk."

"Representative Reis." 09500248.doc 35  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Is there any discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Younge, Mautino, Crespo, do you wish you wish to be recorded? Mr. Clerk, take the record. On this question there are 109 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Sacia, you have House Bill 4811. Do you wish us to read that Bill? Mr. Clerk, read the Bill."

"Okay. Out of the record. Representative Saviano on House Bill 5503. Out of the record. Representative Smith on House Bill 5325. Representative Smith, do you wish us to read this Bill? Mr. Clerk, read the Bill." 09500248.doc 36  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Representative Smith."

"Thank you, Mr. Speaker, Ladies and Gentlemen. This legislation would establish a continuing reading improvement grant program for grades 7 through 12 to be administered by the State Board of Education. You may be aware there is currently a reading improvement block grant that is for the lower grades, grades 1 through 6. This would establish a reading program for middle schools and for high schools. So, for the first time high schools would be able to access those funds. At the same time, though, we would not be taking away money that is currently going to the… to the smaller grades. In the proposed budget for ISBE there is money in the amount of seventy-six million (76,000,000) for reading improvement grant program. And it's our hope that through a three million dollar ($3,000,000) request we can accomplish this goal. I'll be happy to answer any questions, Mr. Speaker."

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

"To the Bill."

"Is there any further discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Wyvetter Younge and Jerry Mitchell, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 110 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Soto, you have House Bill 5000. Representative Soto. Do… read the Bill, Mr. Clerk."

"Representative Soto."

"Thank you, Speaker and Members of the House. House Bill 5000 has House Amendment #3, which is a gut and replace. And the Amendment reads that the… House Amendment #1 removes ISBE's rulemaking authority in regards to a new Act and inserts a new rulemaking. Sorry. Okay. Creates a Children's Low-cost Laptop Act, requires that the State Board of Education to establish a procedure and develop criteria for the administration of low-cost laptops pilot program. And I urge an 'aye' vote. And I'm open for questions." 09500248.doc 38  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

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

"She indicates she'll yield."

"Yes, it is."

"Yes. Yes, Representative."

"Yes."

"Thank you."

"Is there any further discussion? Then the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Nekritz, Mitchell, Jefferies, Crespo, Collins, Black, do you wish to be recorded? Have all voted who wish? Mr. Clerk. Okay. Representative… Mr. Clerk, 09500248.doc 39  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 Representative Crespo is having trouble with his switch. Okay. Mr. Clerk, take the record. On this question, there are 110 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 4811."

"Representative Sacia."

"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? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 81 voting 'yes' and 28 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Sullivan, you have House Bill 5543. Do you wish us to read… read the Bill, Mr. Clerk."

"Gent… the Gentleman from Lake, Representative Sullivan." 09500248.doc 40  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"This is on the Order of Short Debate. Does anyone stand in response? Then the question is, 'Shall… Excuse me. The Gentleman from Vermilion, Representative Black."

"He indicates he'll yield."

Speaker Hannig: "Is there any further discussion? Representative Sullivan to close."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Patterson, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 110 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, 09500248.doc 43  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 is hereby declared passed. Mr. Clerk, read House Bill 4162."

"Representative Osmond."

"This is on the Order of Short Debate. We're going to put it on Standard Debate. And the Gentleman from Vermilion, Representative Black, you're recognized for 5 minutes. Representative Black, for 5 minutes."

"She indicates she'll yield." 09500248.doc 44  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

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

"Representative Reis. Representative Reis, you have 5 minutes."

"She indicates she'll yield."

"We've had one in support and three (3) in response. And Representative Molaro, you're recognized in… in…"

"Yes, thank you."

"…in support, is that correct?"

"Support."

"You have 5 minutes."

"Okay. Thank you. Hopefully, I won't take that long. This seems… you know, that's the problem with all these Bills, they seem to be so straightforward. And then when we talk about them, we talk about a bunch of things that have nothing to do with the Bill. The Bill is pretty simple. We had a State Representative, that in her 09500248.doc 50  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 district there was an accident with one of these double- decker trailers that were built for cattle that they put horses in. And as you know, we've been over this a thousand times, horses are considered flight animals. They're like dogs when you… you have them on a leash they're ready to take off as soon as you unleash them, unlike cattle or sheep. So, when you have horses and you transport them there's accident that way it's a very, very, very unsafe problem. Very unsafe. People get hurt, people will die. This is senseless. Now, will it cost a few dollars for them to do it the regular way, just put them on a horse trailer, yes, it might cost some companies a few dollars. This is not the horse slaughter Bill. We're not putting anybody out of business, we're not changing the way things are done. All we're saying is, let's be safe. This is a little bit to humaneness, which is actually true. You're not supposed to shove horses into these things, but way beyond that, it's a safety issue. This has nothing to do with the horse slaughter Bill or any other Bill. It's strictly a safety issue to save lives on the highway. There is no reason to have these flight animals if there is another accident and there will be… accidents do happen. And when another accident occurs, we don't want these horses all on the highway and police officers, EMT workers being trampled on and hurt because we said, let's save a few dollars and shove these horses into a double-decker situation when they weren't built for double-deckers. So, all you have to do is vote 'yes'. It's a safety issue. 09500248.doc 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 And everything in the State of Illinois will be fine. Thank you."

"We've had two (2) in support and three (3) in response. The Rules would provide for one additional speaker in support. Representative Biggins, would you like to speak in support?"

"All right. So, we'll give you an opportunity to ask a question."

"The Lady will yield."

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

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Schock, Poe, Mitchell, do you wish to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 80 voting 'yes' and 29 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Verschoore, you have House Bill 5534. Do you wish us to read that Bill? Representative Verschoore? Okay. Out of the record. Representative… Representative Wait, you have House Bill 5954. 5954? Out 09500248.doc 53  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 of the record. Representative Yarbrough, you have House Bill 5164. Read the Bill, Mr. Clerk."

"Representative Yarbrough."

"Thank you, Mr. Speaker, Members of the House. House Bill 5164, as amended, amends the Public Community College Act by providing that buildings of community colleges are to be made available for emergency purposes rather than as civil defense shelters. In addition, this Bill provides that colleges must cooperate with the Illinois Emergency Management Agency, local emergency management agencies, state certified and local public health departments and federal agencies concerned with emergency preparedness and response. Be happy to answer any questions."

"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 110 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Bill 5534."

"Representative Verschoore."

"Thank you, Mr. Speaker, Ladies and Gentlemen. What House Bill 5534 does… this… last year I ran this Bill, 09500248.doc 54  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 it passed both the House and the Senate and then was vetoed. We overrode the Veto in the House with 107 votes and the… the Senate President decided not hear it over there. But what it does is it raises the reimbursement for workers in the state that use their own vehicles for gas, in our case, the General Assembly. When the Federal Government raises the reimbursement rate, it goes in effect at that point, like as I believe in January 1, where the people that work for this particular… for the state, it doesn't go in until July of that year. In contrast, if they revert it back or it goes down, they do it automatically at that point. So, this is just a fairness for, I believe, the workers of Illinois. I'd ask for an 'aye' vote, but I'd be glad to answer any questions."

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

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

"He indicates he'll yield."

"Representative, I'm just curious. Why is there such a… a distinction? I mean, it's not major amounts of money, but why is there… why we always lagging the Federal Government? I mean…"

"Why is the Federal Govern…"

"Why is… why is their rate higher and our rate lower?"

"I… Mr. Speak… Mr. Speaker, I can't hear him."

"Why is the federal mileage reimbursement rate higher than the State of Illinois?"

"Well, because they… they figure out every year what it costs to operate an automobile. They… they… the 09500248.doc 55  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 Federal Government figures out every year what it costs per mile to drive your vehicle and that's what sets the per diem rate for the State of Illinois. As Legislators and other people, we get that when it goes up or it goes down, the state sets that rate for us. We get it immediately. These folks if… if it goes up January 1, like it does for us, they don't get that increase until their fiscal… 'til the fiscal year starts for the state until July. So, they lose all of that… that… that difference in the mileage rate for that many months. And a lot of these people don't… they don't make ten dollars ($10) an hour."

"Are we the only state that's behind the Federal Government?"

"You mean as far as state workers? I can't answer that."

"How long have we been behind the state… of the Federal Government, when it comes to mileage reimbursement?"

"Pardon me?"

"Did you hear the question?"

"No."

"How many years have we been behind the Federal Government mileage rate?"

"That I can't answer. They brought me this Bill last year. So, I don't know how many years… I don't know how many years they've done that. They brought… the Bill was brought to me last year. And I don't know how many… as far as I know, it's been going on for several years."

"For several years?" 09500248.doc 56  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"But it's never been… you know, like gasoline going up as much as it has been in the last, you know, the last couple or three (3) years is when they've really noticed it."

"Okay. Is there a particular fiscal impact that our state would have if we were to make a shift?"

"Not a significant amount…"

"Let's say in the next fiscal year?"

"…there was a bunch of fiscal notes put on this and it came back that there wasn't a great impact."

"It was… it was… I don't see any fiscal notes on here. Was it last year or two Sessions ago?"

"Maybe last year, I don't know."

"I mean, according to my analysis I don't see… anything."

"Pardon me?"

"I'm just trying to understand. Because it's been like that for such a long time, trying to figure out why we've always been behind. Especially with the mileage…"

"Well, I can tell you why…"

"…and gas increasing."

"I can tell you why it's been such a long time, because whenever they would… in the past, whenever they would pass it in the Senate, a House… a House Member would pick it up and not… would just decide to hold it. And so, that's why two (2) years ago I went to that House Member and asked them to give the Bill to me. And I moved it and it passed with a large majority of both the House and the Senate." 09500248.doc 57  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Do you know what formula the Federal Government uses to get the mileage rate?"

"I would imagine they go to like the American Auto Association or someone like that. I don't have any idea."

"Okay. No, I'm saying what mathematical formula do they use?"

"Pardon me?"

"What… do they use… do an algorism (sic-algorithm), do they do an actuary?"

"Well, what… what they… how they come up with…"

"Yes."

"…what it cost per mile…"

"Yes."

"…is how much gas is, how much tires are, what it costs for a new car, depreciation, that type of thing. That's what they base that mileage on."

"It has nothing to do with the quality of the roads or the cost of gasoline?"

"I don't know about… I don't know whether they take in the quality of roads. It would be like for your car, what it costs, how much it depreciates, the price of gasoline, the price of tires, maintenance and that type of thing."

"So, the Travel Regulation Council, is that a statewide organization or a federal organization?"

"The what… what?"

"The Travel Regulation Council? Are you familiar with them?"

"That… that's a federal, I think." 09500248.doc 58  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"We've got a lot of questions here…"

"You have."

"…that needs to be answered."

"Yeah, you have got a lot of questions."

"We're just trying to get some clarification on."

"Pardon me?"

"I'm… I'm just trying to get some clarification on."

"Well, whatever. We'll let it vote on it."

"Thank you."

"Thank you."

"Representative Black."

"He indicates he'll yield."

"I think… I think it's yearly, Representative, unless there's a significant drop in prices or a significant rise in prices."

"Right. But I think it's fifty-two and a half cents now."

"Yeah."

"That's the way I interpret it, yes."

"Right."

"See, that's what the disparity is here for us. We get it starting January 1 or approximately that time, the people… the state workers don't get that until July. But now say, in September or something and… and the Federal Government decided to drop it back $.02 or $.04, rather than wait 'til the next fiscal year for the state workers, it drops them auto… automatically. So, it's not…"

"…being fair to them, I don't feel."

"That's why I'm running the legislation." 09500248.doc 60  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"No."

"No, they wouldn't get it until the following July."

"Right."

"Just like… just like we would."

"Thank you."

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

"I would just ask for an 'aye' vote. And thanks for all the good questions."

"The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 111 voting 'yes' and 0 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 29 of the Calendar, under the Order of Constitutional Amendments-Second Reading is House Joint Resolution Constitutional Amendment 28. Mr. Clerk, what's the status of this Amendment?" 09500248.doc 61  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Move that to the Order of Third Reading and read the Amendment."

Speaker Hannig: "So, we're going to begin debate on this Constitutional Amendment. We're going to use the rules of Extended Debate, which mean that five (5) Members can speak on each side and they'll be limited to 5 minutes under the rules. Representative Franks, you're the Sponsor. So, you're recognized for 5 minutes to begin the debate."

"Thank you, Mr. Speaker and Members of the General Assembly. I appreciate this opportunity; it's been a long day coming and I appreciate so many people who have worked on this Amendment. I believe that Illinois needs to join the other eighteen (18) states that have a recall provision in their state's constitutions. The Illinois Constitution currently only allows the Legislature to impeach an elected official for high crimes or misdemeanors. Illinois voters deserve a way to remove an incompetent elected official who has not committed a crime. Our Resolution, House Joint Resolution Constitutional Amendment #28, gives the voters in Illinois the opportunity to have a California-style 09500248.doc 66  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 recall system. Now, recall is an extreme solution. Our legislation provides that the people would need to collect petitions equal to 12 percent of the voters in the last election within a hundred and sixty days (160) of filing for a recall election to take place with the State Board of Elections. Over three and a half million (3,500,000) voters turned out in the polls in the 2006 General Election. So, this would mean that people who would want a recall would need to get over four hundred and sixteen thousand (416,000) signatures to initiate the process. And recalling Members of the Legislature would require 20 percent of the people who voted for the official in the last election to sign that recall petition. If we have an extremely bad elected official, an extreme remedy may be required. It's not illegal to be inept, but sometimes waiting for the next election is just waiting too long. Historically, voters have used recall powers responsibly and sparingly. Only two (2) Governors have been recalled in American history. North Dakotans voted to recall Governor Frazier in 1923 and Californians removed Governor Gray Davis eighty (80) years later in 2003. Recall legislation empowers the electorate. This is a grass root way for people who are unhappy with their elected officials to make a real change. Recall election is not about partisan politics, even the Governor supports this. We have many folks on the other aisle who are cosponsors. And the need for a recall goes beyond any one officeholder. In Illinois there are more federal agents investigating corruption than in any other state. People have lost faith 09500248.doc 67  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 in our government. They've lost faith in their elected officials. Our last Governor is sitting in a federal penitentiary. Our current Governor is mired in a number of federal and state investigations; his two (2) top fundraisers, one's on trial and the other one's indicted. The citizens need a way to take back their government. If any state needs to give voters a power to recall, it's Illinois. We have a long history of malfeasance in our government. This is not what government's supposed to be about. We should do better. We have to expect to do better and people demand for us to do better. Right now, the only way to get someone out of office is for impeachment and I'm not aware of that ever happening in this state. But we need to empower the citizens to have the ultimate ability to reclaim their government. I ask for your support on this measure and I'd be glad to answer any questions."

"Is there any discussion? The Gentleman from Vermilion, Representative Black."

"State your inquiry."

"Mr. Clerk."

"He indicates he'll yield."

"There is no standard of proof. There is no standard of proof, Representative."

"You'd have to fill out… you'd have to fill out the petition. We'll have someone… let's assume someone wants to recall the Governor. That person would have to fill out an app… a petition stating that… the reasons that that individual or group believes that that officeholder should be recalled. Then it would go to the State Board of Elections, be certified, then they'd have a hundred and sixty (160) days to go get the requisite number of signatures needed. But there is not a cause provision whatsoever. And if they don't use a good reason, I presume, people won't sign the petition."

"Sure. There's no prohibition…" 09500248.doc 69  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"…against anyone running against us who has a personal grudge."

"We… we were concerned, quite frankly, about the constitutionality and the separation of powers."

"So, that's why we focused on the Executive and Legislative branches."

"I do."

"And… and if there's a separate Bill, I think that would probably make it cleaner."

"So, we wouldn't invalidate this."

"Yeah. The voters would vote on it, assuming we had this passed and the Senate passed it. The voters would 09500248.doc 70  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 have an opportunity to vote on it on November 4 election. Then, if they accepted it, I believe it would become the law as of January 1."

"This is not a… a new law per se, it's a Constitutional Amendment."

"Well… well, there is a big distinction, because our Constitution allows the citizens to amend the Constitution at any time. So, it would not preclude a change in the Constitution during any officeholder's tenure."

"Correct. And you have to wait until that person has been in office at least six (6) months, as well."

"You could always… well, there's no prohibition or protection for people doing that now when they run against an incumbent. And you can always challenge the petitions, as well. It's just… this is an extraordinary remedy with an extraordinarily high threshold. To get four hundred and sixteen thousand (416,000) signatures is incredible in a… in a small amount of time and it's only been used twice in this last century for a sitting Governor, if that gives you any idea how often it is used."

"Rep… Representative, you're… could you bring your remarks to a close, please."

"I… Yeah, correct. Yeah. We're not changing any of that."

"You'd have to ask your counsel."

"Yeah, that's right. Thank you."

"Representative Currie." 09500248.doc 72  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Thank you, Speaker and Members of the House. Recall is certainly a seductive idea. It's rhetoric is powerful. Let the people speak, hold the politicians accountable 24/7, 365 days a year, but it's promise, I believe, is deceptive and it risks a properly functioning representative democracy. Recalls do not happen in a political vacuum. Voters across the state don't wake up one morning and say, oh, let's go out and dump old so and so. No, recalls happen when the losing political Party takes to the warpath. Recalls happen when deep pocket special interests and millionaires go out and buy the signatures it takes to put the question on the ballot. Darrell Issa, a wealthy conservative Congressman from California, decided he wanted to be Governor, but he didn't want to run at a regular election, he preferred recall. It cost him one and half million dollars ($1,500,000), but he got recall on the ballot. Recall is explicitly about empowering the people who lost and the Party that lost, the political Minority. It's a direct assault on our majoritarian system. It raises the specter of a permanent election cycle. Recall gives the losers a second, a third, a fourth bite at the apple. What's the sense in that? Recall encourages governance by public opinion poll. Don't we already complain that our Leaders lack backbone? Why would we want to make it even less likely that our public officials will follow conscience and Constitution? Why push them into an even greater dependence on the whims of a changeable Majority? Well, you may say, recall doesn't happen all the time, but the threat of recall is always 09500248.doc 73  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 there. Just ask the subjects of California recall efforts, Governors Ronald Reagan, Pat Brown, Pete Wilson and Jerry Brown. And who gets recalled? I'll tell you who. The official who ordered the municipal swimming pool desegregated. The lawmaker who stood up for members of a minority group, for minority rights especially, when those minorities are despised and feared. Alexander Hamilton put it like this, 'the recall will render the Senator a slave to all the capricious humors among the people.' Why is there a sudden and overwhelming need to end a term in the middle? The election cycles that are the subject of this recall Amendment are short. We don't enjoy life appointments. We don't even have the six-year term of the United States Senator. No, our terms are for two (2) years or four (4), not a moment longer. And there's a perfectly good mechanism under our Constitution to send us packing if the circumstances warrant. It's called impeachment. If we betray the public trust, if we're derelict in our duties, we can and we should be impeached, but you have to have evidence to impeach. You have to charge the lawmaker or the executive with something. This recall Amendment requires nothing. No statement of fault, no list of improprieties. It's enough to recall if you don't like the way the Governor blow dries his hair or you don't like the cut of the Attorney General's pantsuits. Our current constitutional framework is sound. Frequent elections guarantee accountability to the electorate. Impeachment gives us an opportunity to oust the officials who cross the line and government by public opinion is not good enough 09500248.doc 74  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 for the people of the State of Illinois. The right vote on HJRCR (sic-HJRCA) 28 is a 'no' vote."

"The Gentleman from Winnebago, Representative Winters."

"Indicates he'll yield."

"It's very close to California, because we have it self-executing like they did, where there'd be two (2) questions on the ballot should this pass: Should the officeholder be recalled, number one; number two, Who should be the officeholder? Who would you want to vote for? So, there'd be two (2) questions on the ballot. Obviously, if the first one doesn't pass, they wouldn't… they wouldn't count the second one."

"It could be amended there, but I'm worried about time…"

"…because they have to have the three-day issue and then to get this on the ballot in November by… we have to have this passed by May 4 in both chambers."

"Thank you."

"We've now had two (2) in favor and two (2) response. Representative Hoffman, you're recognized for 5 minutes."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I appreciate the comments of the Sponsor as well as the Majority Leader and others on this issue. I guess those who were in this chamber a week ago understand that I may be a bit passionate and some would say overzealous about this issue. But for eighteen (18) years I've been in this House and I've served, I believe, with very… many people who are very distinguished, I would call them statesmen. I would call many here who work so hard and think these issues through as some of the best that we have in Illinois. And I stand here today as that elected Representative. Because of my relationship with the Governor, seems as though every time I get up I'm known as 09500248.doc 77  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 his floor spokes… spokesman and I don't… I don't shy away from that. I don’t run away from that, I accept it. But today I'm standing here before you as an elected Representative, as a defender of republican… of our republican government, as a defender of a representative way of government where people elect us: teachers, farmers, businessmen and women, lawyers that come here to do the job that they sent us to do, to use our best judgment. Is it easy? It's not always easy. Tough votes just today, every day, tough decisions. So, if we allow to be on the ballot, after we just were elected six (6) months earlier, a petition for recall who is going to have the guts, who is going to have the ability, who is going to be able to stand up to the special interests day in, day out, when these tough decisions need to be made on the floor of this House? If you vote against labor… if you vote against labor, will they try and recall you? If you vote against business, will they threaten you with a recall petition? If there's a Bill that pro-choice and you vote for it, will the pro- lifers try and come and recall you? If you vote anti-gun, will then the gun and the NRA come to try and recall you? If you vote for civil unions, will the people who are against them going to try and recall you? If you vote for issues that with regard to the rights of immigrants in the state, will the people who don't care about those rights try to come and recall you and take you out of office for making sure you voted your conscience? The trial lawyers, will they try and recall you if you vote with the doctors? Will the doctors try and recall you if vote with the trial 09500248.doc 78  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 lawyers? You're going to face this over and over and over, regardless of what you think about the Governor or the Lieutenant Governor or the Secretary of State or the Attorney General or the Comptroller or the Treasurer. Think about what you're doing to this institution. Think about what you're doing to your independent ability to analyze an issue, attempt to grasp it and not always do what's the best thing in the polls, but do what you think is right in your heart and for the people who sent you here. You don't have to look any further than to just see the mockery of the recall election in California. What happened in the California election? Well, you may like the results. You may like the winner, seems like a nice man. Had a great… great history. Has done a decent job as Governor, I believe. But who ran? Who ran in that election? Who was able to be on that ballot? We had Gary Coleman. You remember, he was Arnold in Different Strokes. He didn't get a lot of votes, but he was on the ballot. We had a guy named Daniel Watts, a student, who paid his filing fee to run for Governor of… of California with money he won on Wheel of Fortune. Well, I guess that's the American way. We had Mary Cary, a pornographic film actress and we had Larry Flynt, the publisher of Hustler magazine, running for Governor of California. Let's not make a mockery of the electoral process. We're talking about here, recalling and redoing what the electorate has done. The votes that they have cast. What will be the result of this Bill? We're going to just throw the doors open to special interests. People who can get money in order to have a recall 09500248.doc 79  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 petition, put them on the ballot… put us on the ballot for recall. We're going to allow them when we go out here and we talk to them about issues to say to us…"

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

"…is that right? Is that right? I'll bring my remarks to a close, Mr. Speaker."

"Thank you, Representative.

"Let me just say this. The very fact that a recall petition is put out on the streets against you, will be used against you in your elections. I guarantee you. Whether you're recalled or not, it will be. And the very fact that we're sitting here today, regardless of your motives, regardless of whether you want to send out a press release and say, I did the right thing and I'm the ethical person. Please don’t do this. Don't do this so you can send out a press release. Don't do this because someone's telling you you have to vote this way or you could face trouble at the ballot box. Don’t do this because you don't like one man. Don't do this, because what you're doing is you're trampling on our representative form of government, the right for you to do the right thing and our Constitution. I ask for a 'no' vote."

"Representative Rose."

"Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. I know that most of you are aware of my particular relationship with this particular Governor. And I'm… I believe that most of you would expect me stand up on the floor of this House today and support Representative Franks in his proposal, but I do not. I believe this is a badly directed proposal. I believe it is bad public policy for the State of Illinois. And I believe we should defeat this proposal today. There are several reasons for this. First, despite my reluctance to go along with many of the proposals of this Governor and despite my concerns about this Governor's overreaching and this Governor's not following our rules and this Governor's lawsuits that he files and his playing around with JCAR and all the other things that make us angry in this chamber about this Governor, this recall petition… this recall Amendment is not about this Governor. The people in Representative Rose's district who demanded that he vote for this, demanded that they vote for this because of this Governor. But this will be a change in our Constitution forever. This is not a change for the next year or two (2) or three (3), it's a change forever. One other Representative tried… said, well, what do we do when we have a failed Governor? Well, I would submit to you that that's what we have elections for. We have elections to deal with failed Governors and failed elected officials and failed State Representatives, I might add. This isn't 09500248.doc 81  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 about the actions of one Governor at one moment in the history of the State of Illinois. This is about public policy, not just for now, but forever. And for us to use what some of us consider the antics or the failures or the actions of this Governor to say, well, we… we can't make a change any other way, we better do a recall. We better change the entire Constitution of the State of Illinois because of the actions of one man, I just think is not good public policy, Ladies and Gentlemen. Those of you who think this Governor has broken the law of the State of Illinois, if you do, file whatever Resolution you think is appropriate under the current Constitution, under the current rules and under the current statutes of the State of Illinois. But don't change the Constitution over our concern about one individual. Next, if you take a look at the language of this Amendment it applies to everyone but us, because we have two-year terms. It takes 365 days or more to move this petition forward, in essence we don't get… there can't be a recall against State Representatives and I question whether that's constitutional. I question whether we can put into the Constitution a provision that says, all other elected officials can be recalled, but not Members of the Illinois House of Representatives. There's something wrong with the way this is written. Next, the cost. Now, I know that if you feel certain elected officials ought to out, the cost is irrelevant. But that fact is, there's a huge cost to doing this petition, to having a new election, to going through the process, a huge economic cost. But there's also a huge governmental cost. 09500248.doc 82  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 During the 365 or more days that this petition would be moving forward, we would be crippling the State of Illinois. The Governor we do have, whether he or she is good, bad or indifferent, would have zero ability to do their job during that period of time. Now, some here would say, well, that's good. We'd rather this Governor do no work than the work he's doing. But the fact of the matter is it's irresponsible for us to pass legislation or to turn over to the people of the State of Illinois, who are bright, but maybe don't understand the every day nuances of State Government, to say to them, you want this guy out, you want this in, don't worry we'll run the state for a year without him or her, I think is folly and I think it's wrong. I do not believe that when there's an election on the horizon Mr. Speaker, if I could have just one more minute to finish, please?"

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

"Thank you. I do not believe that when we have always an election on the horizon we can afford to cripple the State of Illinois further. Whether it's the Governor or any other constitutional officer or someone in the Illinois Senate, 'cause as I said, again, it doesn't apply to us. Do we want to vote for something that would enable the people of our state to say to us, shut down Illinois government because you don't have a Governor. Shut down the Attorney General's Office because you don't an Attorney General. Shut down the Treasurer's Office, let's have no one that can write the checks because they can't do their 09500248.doc 83  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 work while the petition is pending. Ladies and Gentlemen, this is bad public policy. It's bad for the state, it's bad for the people, it's bad for this institution. Please vote 'no'."

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

"Thank you, Mr. Speaker. Representative Franks, I was not here last week. So, I can ask you a few questions?"

"Sure, sure."

"Representative Black, alluded to three (3) Amendments being filed on this Bill. Can you briefly explain what each one was?"

"Amendment #2 was the one we adopted last week, which removed the judiciary from the Bill. Amendment #3 was the hostile Amendment and that was not adopted."

"And what was that Amendment, though?"

"To provide that the Governor and Lieutenant Governor together would be recalled."

"Okay. Well, Jack, when… when you exempted the judiciary, that branch of government, associate judges are appointed, Circuit judges are elected, Appellate Court judges are elected, Supreme Court judges are elected. What was the rationale to exempt the judiciary."

"Well, it was… we were concerned that there'd be a challenge on the grounds of an independent judiciary. And I'm not adverse to someone filing another Bill to have recall for judges. I didn't want this Bill to get bogged down with a constitutional challenge so we'd be unable to 09500248.doc 84  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 use to it to protect the citizens. But that was my concern."

"And… and this Bill does not apply to the city officials of Chicago?"

"No, it's… it's just for the constitutional officers and the Members of the General Assembly. So, people who work in this building."

"Okay. And it would not apply then, I assume, to Cook County and their officials?"

"It's only for the people who work in this building."

"So, I'm just concerned about the Members who work in this building, because as you know now with the recent change in the law, our Members… we take our petitions now in August. We're sworn in in January, we take petitions out in August for the next year election."

"Yeah."

"So, I'm afraid this would serve as a deterrent to get more qualified people and independent people to run of office."

"Why would you say that?"

"Because I'm afraid… it… it's enough… there are enough things that are adverse to getting good people to run. I think this makes it even more difficult. What would have happened, Jack, you think, if during our utility crisis… how many Members in this Body or the Senate would have had petitions filed against them for recall?"

"I don't… historically, I think it's a great question. And there's a fallacy, what I'm hearing. Quite frankly, that doesn't jibe with reality. The fact of the matter is, 09500248.doc 85  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 this is an extraordinary remedy with very high thresholds to meet. It's only been utilized twice in the last eighty (80) years. So, these… these rantings that this is going to used on a daily basis just does not jibe with what's happened in eighteen (18) other states. It hasn't happened, that's no reasons to believe that it will happen here. And… and I prefer to trust the voters. And to understand… really, I believe them. I don’t know what we're afraid of. And if they think that we're not doing a good job, then they… they can vote us out certainly, but four (4) years is too long to wait because there's too many things that are… that affect folk's lives."

"Okay. Well, Jack, you've accomplished what very few in this chamber can actually attest to and that is, you're getting Barbara Currie and I to agree on an issue."

"Yeah, yeah."

"But I will say this in all seriousness, this is a very, very serious issue when we talk about amending our Constitution. You looked at the forefathers who established the U.S. Constitution, we patterned ours after them. They wanted to be… the House to be the house of people. That's why they have two-year terms. And the Senate to be one that's more stable that doesn't give into political pressure on issues… that's not just responding to issues. I can't imagine how many of our Members in the Legislature, in this great institution, would have been subject to recall over the utility crisis last year or the medical malpractice crisis which we resolved two (2) years ago. You're… you're politicizing the issue. The last 09500248.doc 86  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 thing we want to do to this institution, to this Body, the Senate, the Legislature, is to politicize it even further. It's too politicized the way it is now, Jack. And by doing this, we're politicizing it even more. And I think it's denigrating to the elected officials. But much more importantly, I think it denigrates our Constitution. I think it denigrates this institution of which we are proud to be Members, because this institution has lasted hundreds of years. With… and we recall, we have recall right now. Every two (2) years, every four (4) years. So, we have that in place. I see this as just politicizing the issue. And I just see it as, here we go, let's put our finger up in the wind and see which way the people… what they want us to do. And the people voice their concern every election. Jack, I think this is wrong. I think it's hypocritical for us to do this just for political reasons and this institution deserves better than that."

"So, we've had five (5) speak in opposition. And the rules provide… would provide that two (2) additional speakers could speak in support. Representative Eddy, would you like to speak in support? You're recognized for 5 minutes."

"Indicates he'll yield."

"Right. Illinois is not going to have a recall process because people are temporarily unhappy with one decision that an officeholder makes. This is really someone who can't do their job or won't do their job or is just lay… layer of layer of layer of incompetence or ineptitude or malfeasance or misfeasance. This is not going to ever happen for one vote or one issue. The eighteen (18) other states, eighty (80) years, two (2) successful recalls. Let's… we're losing sight. The other people I know are very passionate with their ideas, but they're not based on the history. It's not going to happen for one issue."

"Correct."

"Of course not."

"The Rules provide for one additional speaker in support. And Representative Tryon, you're recognized for 5 minutes."

"Proceed."

"Under the Rules of Extended Debate, we've now had five (5) speak on each side, we've had a good debate. And Representative Franks, you're recognized for 5 minutes to close."

"Thank you, Mr. Speaker. I appreciate the very spirited debate and all the comments on both sides. I'd like to respond to a couple of the arguments against it. We talk about the Constitution somehow being inviolate, that we can't change it. Two hundred (200) years ago our forefathers came forth with this. Listen, the Constitution is a living, breathing document that needs to change with time. We're on our fourth Constitution here in the State of Illinois. It's changed because it's needed to be changed. And there's never a better time than right now to change this Constitution to protect our citizens who desperately need it, who so desperately need it. We heard crazy arguments about the cost. I have the fiscal note here. The fiscal note shows that it would cost eighty-two thousand twenty-five dollars ($82,025) for annual operating 09500248.doc 92  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 maintenance. I suggest that that's much less than the cost that the state… we had a hearing last week where a million dollars ($1,000,000) went to a school, that none of us voted on, that they're trying to get back. We've had hearings where 2.6 million dollars ($2,600,000) go to flu vaccines that have been expired and sent to foreign countries that then send them back. We saw today in the paper where the… the Governor cut money to the 4-H. This is much cheaper than all of that. So, the argument for cost is a nonstarter, it's a red herring. The argument that we can't amend the Constitution, again, is a nonstarter, it's a red herring. This isn't about any one officeholder. And I think about this, how different these last years in Springfield might have been if we had the power to recall when George Ryan was Governor. How many of our Governors have to go to jail before we wake up? Is it going to be necessary for Vegas to put a line out to see which Illinois politician is going to be indicted next? But they're only give even odds if you're a Governor. We've become a laughing stock. We have to clean up our own house. This is about cronyism and corruption and stopping… stopping it. That costs each taxpayer. We pay higher costs. We don’t get the best deals on contracts. We don't get the most qualified employees when we have pay-to-play on steroids, according to the U.S. Attorney. That's not good government, it's not acceptable. This goes directly to our democratic principles and who we are as a state and who we are as a nation. We must give the citizens the right to take back their government. We need to put an end 09500248.doc 93  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 to the abuses and to get rid of incompetent officials. This fundamentally comes down to whether we believe in the people's right of self governance or whether we believe this is just as good as government gets. People need a way to retain control over their elected officials who are not representing their interests. We need a way to give the government back to the people. We might have the impeachment power here in the General Assembly, but we've never used it. We need to empower the people to stand up if they feel disenfranchised, if they feel that they are not getting the government that they need and they deserve. Obviously, life is timing. We probably wouldn't had brought this Bill up if not for what's happened in Springfield. But remember, this is not about just one person or one officeholder, it's much bigger than that. We need to protect our citizens and give them the ultimate authority which they lack. I ask for an 'aye' vote."

"Representative Lang, you've spoken in debate, for what reason do you rise?"

"Thank you for your courtesy, Mr. Speaker. I would ask for a verification if this receives the requisite number."

"Well, Representative… he just barely made the time frame. So, the question… this requires 71 votes. And the question is, 'Shall the… shall the Constitutional Amendment be adopted?' 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 Patterson and Fritchey, do you wish to be recorded? Last call, Gentlemen. Mr. Clerk, 09500248.doc 94  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 take the record. Okay. There's been a request for a verification by Representative Lang. So, let's ask the staff to retire to the rear of the chamber, the Members please be in their seats. And Mr. Clerk, read the names of those voting in the affirmative."

Speaker Hannig: "So, Representative Lang, do you have any questions of the affirmative? Representative Bost is asking for leave? Okay. Representative Bost, leave is granted. Representative Black is asking for leave? So, Representative Black, leave is granted."

"Bear with me a moment, Mr. Speaker. I'll withdraw the request at this time, Mr. Speaker."

"On this question, there are 75 voting 'yes' and 33 voting 'no'. And this Constitutional Amendment, having received a Three-fifths vote, is hereby declared passed. Representative Patterson indicates to the Chair 09500248.doc 95  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 that he wishes to be recorded 'no' on the last Roll Call. So, the record will reflect Representative Patterson's request. Representative Stephens, for what reason do you rise?"

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

"Thank you. For a announcement. On my desk for those of you who drive to Springfield, unfortunately the Capitol isn't in Chicago, so I get stuck three (3) hours. I got hooked on these books on tape. Now, I'm done with them. So, I have about fifteen (15) of them here. And after that rousing speech of bipartisanship I'm even offering to Republican Members. So, on my desk, anybody wants to take a book on tape come by, take it, it's yours free of charge."

Speaker Hannig: "Representative Dunkin, are you seeking recognition?" 09500248.doc 96  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Yes, thank you, Mr. Speaker. On House Bill 4811 I was inadvertently voting… voted 'no'. And I would like to change my vote to a 'yes' or at least let the record reflect that I'm a 'yes' on House Bill 4811. Thank you."

"The record will so reflect, Representative. We're going to go the Order of House Bills-Second Reading. And Representative Acevedo, you have House Bill 5350. Read the Bill, Mr. Clerk."

Speaker Hannig: "Third Reading. Representative Berrios, you have House Bill 5687. Out of the record. Representative Biggins, you have House Bill 4877. Out of the record. Representative Brauer, you have House Bill 5536. Read the Bill, Mr. Clerk."

"On Amendment #1, Representative Brauer."

Speaker Hannig: "Let's take them one at a time. So, on Amendment #1 is there any discussion? Representative Eddy. Okay. So, on Amendment #1 all in favor say 'aye'; opposed 09500248.doc 97  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 'nay'. The 'ayes' have it. The Amendment is adopted. And now, any further Amendments?"

"And on Amendment #2, Representative Brauer."

"And on that question, Representative Eddy."

"He indicates he'll yield."

"Representative Black on the Amendment."

"Indicates he'll yield."

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

"Third Reading. Representative Collins, you have House Bill 1518. Do you wish us to read that on Second? Read it? Mr. Clerk, read the Bill."

Speaker Hannig: "Do you wish us to move it to Third, Representative? Move it to Third? Third… Third Reading. No. Okay. I misread your signal… your sign. So, Mr. Clerk, hold this on Second at the request of the Sponsor. Representative Crespo, you have House Bill 5731. Out of the record. Representative Fortner, you have House Bill 5186. Out of the record. Representative Howard on House Bill 4611. Representative Howard. Representative Howard, do you wish us to read House Bill 4611? Read the Bill, Mr. Clerk."

"Third… Third Reading." 09500248.doc 102  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Representative Turner in the Chair. On the Order of Second Readings, page 8 of the Calendar, Representative McCarthy, we have House Bill 4694. Out of the record. Representative Miller, we have House Bill 5213 on page 13 of the Calendar. Out of the record. Representative Molaro, we have House Bill 2769 on the Order of Second Reading, page 3 of the Calendar. Read the Bill, Mr. Clerk."

"Are you… are you calling on me, Mr. Speaker? Well, since you're calling on me, all the Floor Amendment is, this is the Adam Walsh Act. And the Adam Walsh Act has to do with sexual predators. And the United States Congress passed a law and it's called the Adam Walsh Act and all of the fifty (50) states have to enact legislation that at least have the minimum of the Adam Walsh Act. If we don't do that, it'll cost us a bunch of federal money and this puts us in line with the Adam Walsh Act. You want to go through the provisions, you're probably better off reading them on your screen than listening to me for the next 15 minutes. I'll answer any questions."

"Seeing no questions, the question is, 'Shall the House adopt Amendment 1 to House Bill 2769?' All those in favor should say 'aye'; all those opposed say 'no'. In 09500248.doc 103  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?"

"The Gentleman from Cook, Representative Molaro on Amendment #2."

"Amendment #2 is purely from my recollection a technical Amendment 'cause Amendment #1… oh, Amendment #2 is our administrative rules Amendment."

Speaker Turner: "Gentleman asks leave for the adoption of Amendment #2 to House Bill 2769. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #2 is adopted. Further Amendments?"

Speaker Turner: "Third Reading. On the Order of Second Readings, on… we have House Bill 5213, Representative Miller. Read the Bill, Mr. Clerk."

"The Bill shall remain on Second Reading. Lady from DuPage, Representative Pihos on House Bill 5189. Out of the record. We have House Bill 5907, Representative Rose. Read the Bill, Mr. Clerk."

"Seeing no questions, the question is, 'Shall the House adopt House Amendment #2 to House Bill 5907?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"

Speaker Turner: "Third Reading. The Gentleman from Peoria, Representative Schock on House Bill 4545. Read the Bill, Mr. Clerk."

Speaker Turner: "Third Reading. The Gentleman from Bond, Representative Stephens on House Bill 4625. Representative Stephens, 4625? Out of the record. Representative Tryon on House Bill 4367. Read the Bill, Mr. Clerk. No. Out of the record. Out of the record. The Lady from St. Clair, Representative Younge on House Bill 4922. Out of the record. On page 4 of the Calendar, Representative Black, 09500248.doc 105  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 we have House Bill 4164. 4164. Read the Bill, Mr. Clerk. Out of the record. Representative Boland on House Bill 5006. Read the Bill, Mr. Clerk."

"Yes. Thank you, Mr. Speaker. Floor Amendment 2 just is a request of the… of IDOT to clarify some of the terms in the Bill."

"Seeing no questions, the question is, 'Shall the House adopt Amendment #2 to House Bill 5006?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?"

Speaker Turner: "Third Reading. Representative Bradley on House Bill 5323. John Bradley. Representative Brady on House Bill 4252. Read the Bill, Mr. Clerk."

"Third Reading. Representative Brosnahan on House Bill 5059. Read the Bill, Mr. Clerk."

"Third Reading. Representative Monique Davis on House Bill 4668. Read the Bill, Mr. Clerk."

"Out of the record. I'm sorry, out of the record. Representative Dugan on House Bill 4471. Out of the record. Representative Eddy on House Bill 4700. Read the Bill, Mr. Clerk."

"The Gentleman from Crawford, Representative Eddy."

"Seeing no questions, the question is, 'Shall the House adopt House Amendment 1 to… Floor Amendment 1 to House Bill 4700?' All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?"

"Third Reading. Representative Flider on House Bill 4198. Read the Bill, Mr. Clerk." 09500248.doc 107  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Yes. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4198 is a Bill that's purpose is to prohibit adults from using e-mail or other electronic means to harass minors. And what this Amendment does is, it's an agreement between the… AT&T and the Trial Lawyers to ensure that telephone communication carriers, mobile service providers and other providers are not liable under this section. So, it would be the purpose of this Amendment to ensure that the person committing the crime, not the company transmitting the information, would be liable. Ask for your support."

"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 4198?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"

"Third Reading. Representative Ford, we have House Bill 4613. Read the Bill, Mr. Clerk."

Speaker Turner: "Third Reading. Representative Fritchey on House Bill 4844. Out of the record. Representative Golar on House Bill 4913. Golar, 49… read the Bill, Mr. Clerk."

"The Lady from Cook, Representative Golar."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 4913 is an accountability Bill."

"The Lady moves for the adoption of Amendment #2 to House Bill 4913. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?"

"Third Reading. Rep… Representative Harris on House Bill 4788. Representative Black, I apologize. The Gentleman from Vermilion, Representative Black."

"Representative, we'll be careful."

"On the Order of Second Readings, we have House Bill 4788, Representative Harris. Read the Bill, Mr. Clerk."

"Third Reading. Representative Holbrook, we have House Bill 5092. Read the Bill, Mr. Clerk."

"Third Reading. Representative Howard, House Bill 4714. Read the Bill, Mr. Clerk."

"Third Reading. Representative Jakobsson on House Bill 4352. Read the Bill, Mr. Clerk."

Speaker Turner: "Third… no. Representative Jakobsson on Amendment #2." 09500248.doc 110  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Thank you, Mr. Speaker. House Amendment #2 simply changes the entry time from 9 a.m. to 8 a.m. This is something that was… in working with the realtors that… to make it a better Bill I've changed the time so that construction workers and other folks can get into rentals earlier in the day. Thank you."

"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #2 to Senate… to House Bill 4352?' All those in favor should vote… should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?'

"Third Reading. Representative McCarthy on House Bill 5200. Out of the record. Representative Mautino on House Bill 4807. Read the Bill, Mr. Clerk."

"Third Reading. Representative Osterman on House Bill 4196. Read the Bill, Mr. Clerk."

"Third Reading. We have House Bill 6302. Read the Bill, Mr. Clerk." 09500248.doc 111  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Third Reading. Representative Meyer, we have House Bill 4629. Read the Bill…"

"Out of the record. Representative Mendoza, we have House Bill 4943. Out of the record. Representative Molaro, we have House Bill 4342. Read the Bill, Mr. Clerk."

"Third Reading. Representative Mulligan on House Bill… out of the record. Representative Munson on House Bill 4879. Read the Bill, Mr. Clerk."

"Seeing no questions, the question is, 'Shall the House adopt House Amendment #3… Floor Amendment #3 to 09500248.doc 112  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 House Bill 4879?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?"

"Third Reading. Representative Phelps on House Bill 4931. Representative Phelps. Read the Bill, Mr. Clerk."

"Third Reading. Representative Ramey on House Bill 5506. Out of the record. Representative Reis on House Bill 4132. Reis? 4132. Read the Bill, Mr. Clerk."

"Third Reading. Representative Rita on House Bill 5308. Out of the record. Representative Rose on House Bill 5909. Read the Bill, Mr. Clerk."

"Representative Rose on Amendment #1." 09500248.doc 113  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"No, it hasn't."

"Out of the record. Representative Stephens on House Bill 4625. Representative Stephens. Out of the record. Representative Tryon on House Bill 5195. Read the Bill, Mr. Clerk."

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

"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment 1 to House Bill 5195?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?"

"Third Reading. Representative Verschoore on House Bill 4919. Read the Bill, Mr. Clerk."

"The Gentleman from Rock Island, Representative Verschoore."

"Yes. There… House Amendment 2, what that was in committee there was some concern from my Republican colleagues about the broadness of this Bill. And so what the House Amendment #2 does is it gives the CMS, Central Management Systems, the option of looking at two (2) particular… picking two (2) particular buildings and looking at them and then doing assessment of that. And then it would go into effect in 2010. And I would hope when they pick one of those buildings that they… they pick a Department of Correction, because I think there would be a place where some… a great savings for the state could be made."

"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 4919?' 09500248.doc 115  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 All those in favor should vote… say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"

"Third Reading. Representative Yarbrough on House Bill 5369… 4369. Out of the record. Representative Younge on House Bill 4618. Wyvetter Younge, 4618. Read the Bill, Mr. Clerk."

"Third Reading. Representative Osterman on House Bill 1809. Out of the record. The Gentleman from Cook, Representative Osterman."

"Thank you, Mr. Speaker. If we can get to 1809 today, I'd like to do that. But I would like to ask to waive the posting requirements for a subject matter hearing with the Human Services Appropriation Committee at 5:00 today. The issue with the… the subject matter hearing would be on the Medicaid reimbursement for pediatric specialties."

"Gentleman asks leave to waive the posting requirements so that his committee may proceed with a hearing this afternoon. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And leave is granted. On the Order of 09500248.doc 116  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 Second Readings we have House Bill 4369, Representative Yarbrough. Read the Bill, Mr. Clerk."

"The Lady from Cook, Representative Yarbrough."

"Thank you, Mr. Speaker. House Amendment 2 to House Bill 4369 makes the implementation through the Office of the Governor subject to appropriation and it also makes other technical changes. I'd be happy to answer any questions."

"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #2 to House Bill 4369?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?"

Speaker Turner: "Third Reading. Representative Winters on House Bill 5940. Read the Bill, Mr. Clerk."

"Third Reading. Representative Burke on House Bill 5363. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Cook, Representative Burke."

"Thank you, Mr. Speaker and Ladies and Gentlemen. This Floor Amendment would simply identify the difference between tobacco and other food products in vending machines. And this Amendment specifically would talk about the opportunities for bars and taverns to continue to utilize vending machines in their establishments. I'd be happy to answer any questions."

"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #1 to… to House Bill 5363?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?"

"Third Reading. Representative Dugan on House Bill 4471. Out of the record. Representative Winters, we have House Bill 4175. Read the Bill, Mr. Clerk."

"Representative Winters on Amendment #1."

"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #1 to House Bill 4175?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Further Amendments?"

"Third Reading. Representative John Bradley, we have House Bill 5323. Read the Bill, Mr. Clerk."

"Third Reading. Representative Howard, we have House Bill 4611. Connie Howard. Read the Bill, Mr. Clerk. Take this out of the record. Moving to the Order of Third Readings. On the Order of Third Readings, Short Debate, we have House Bill 4693. Representative Beiser. Read the Bill, Mr. Clerk."

"Mr… Thank you, Mr. Speaker, Members of the House. House Bill 4693 amends the Rights of Crimes Victims and Witness Act to require that the State Attorney's Office notify victims of how to register for a victim notification list. So, this is a pretty straightforward Bill. I'd be glad to answer any questions. If not, I would urge an 'aye' vote."

"Seeing no questions, the question is, 'Shall the House pass House Bill 4693?' All those in favor should 09500248.doc 119  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 111 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Lady from Lake, Representative Ryg, for what reason do you rise?"

"Thank you, Mr. Speaker. I would ask for a suspension of the posting requirements for House Resolution 1092, which is scheduled for committee. I've received the okay from the committee spokesperson."

"Asks leave for the posting requirements that your Bill… Leave is granted. The Gentleman from Cook, Representative Patterson, for what reason do you rise?"

"On one of the Bills, I'm recorded as a not voting. I did vote. I voted 'no'."

"The record will so reflect. The Gentleman from Cook, Representative Molaro, for what reason do you rise?"

"Mr. Speaker, to ask you a question. Are we… and I do have an announcement to make, but I was going to wait 'til we're near adjournment. Are we…"

"You may want to practice on that announcement for a little while."

"Well, I'll… I'll practice it and just…"

"Not now."

"Oh, later."

"Yeah. And…" 09500248.doc 120  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Also, if we are going to have these lulls, you know lull in just sitting around while we do that maybe we could pipe in some music while we're waiting, so we…"

"How about if you bring up one of those book tapes and I could plug it in and…"

"You… you don't want to listen to my music, Mr. Speaker."

"Okay. The Lady from Kane, Representative Chapa LaVia on House Bill 5367. Read the Bill, Mr. Clerk."

"Thank you, Speaker and Members of the General Assembly. This Bill was brought to me by Lieutenant Governor Pat Quinn. And what it actually does, it adds language that allows ISBE and the Department of Veterans' Affairs to issue rules consistent with the provisions of the section that are necessary to implement the program where Vietnam vets would be able to obtain their high school diploma. And I'm open for any questions. Thank you."

"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"

Speaker Turner: "The Gentleman from Bond, Representative Stephens, for what reason do you rise?"

"Indicates she will."

"No. This amends School Code by allowing school boards to award high school diplomas to honorably discharged veterans who served in the United States Armed Forces during the Vietnam conflict. The current law right 09500248.doc 122  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 now in this state allows World War II veterans and Korean veterans, but it has no exempt in there for our Vietnam veterans that had left before they finished high school. And have accreditations to have high school diplomas but never received them."

"There are. In fact, in Representative Black's area there was one gentleman, specifically. This… this piece of legislation was brought to me because the inquiries came through Lieutenant Governor Pat Quinn's office of a few Vietnam vets that could… could not obtain their diploma because of the law we put in place that only secured two (2) of the theatres and… and the ability for those veterans to secure their diplomas."

"They had to serve in Vietnam. And we have… we have evidence of those individuals through Lieutenant Governor Pat Quinn's office. So, if you're interested…"

"…because I know that you served in that theater as well, Sir."

"Thank you."

Speaker Turner: "The Gentleman from Cook, Representative McCarthy, for what reason do you rise?"

"I'd like a clarification, Mr. Speaker, 'cause I have a question of the Sponsor."

"State your question."

"Representative, the question by Representative Stephens, we were trying to look up the Bill. And as far as the way we read it, it does not say you had to serve in Vietnam. So, a person who joined the reserves, a person that was maybe drafted and was never sent there, maybe served his time at Fort Knox or any other fort stateside. I think what you're looking for is to award these high school diplomas to people who've actually served in Vietnam. And the way our analysis is written it says you only had to be in the Armed Forces. So… but I do have a high school diploma, but I would be eligible even though I was…"

"Right."

"…only reserved in stateside."

"Let me check real quick on the language. But it does… we think it does encompass the reserves. So… it says Armed Forces. When it says Armed Forces, everything under that umbrella." 09500248.doc 124  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"But it does not state that they had to serve… they served during the time. I mean there are different benefits that…"

"During… during the period of…"

"…during the Vietnam conflict."

"…the conflict."

"But it doesn't say you had to serve physically in Vietnam, correct?"

"It does not require that, you're correct."

"Okay. And was that the intent of your legislation or was your intent to honor people who served physically in Vietnam? I thought it was…"

"The intention of the legislation is to allow people who left high school to join in the Armed Forces at that time the ability to get their high school diploma…"

"Right."

"…once they…"

"Well, I agree with that purpose, but…"

"…retire, end their term."

"…I do think that Representative Stephens question was answered incorrectly, then. 'Cause you stated to him that it is for people who served in Vietnam."

"Oh, correct. Okay."

"But that is not that way it's put."

Chapa LaVia: "Correct. But during that timeframe of the conflict, correct. Because the records… well, I don't know how the records relay, but sometimes you could still be on in Illinois and during that time signed up to serve, but still have stayed statewide… stateside as opposed to being 09500248.doc 125  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 sent over to Vietnam. So, I stand corrected on Representative Stephens' question."

"All right. Thank you."

"But it does cover that era. Thank you."

Speaker Turner: "The Gentleman from Cook, Representative Molaro, for what reason do you rise? Molaro? Molaro?"

"Yes, thank you. Will the Sponsor yield?"

"She indicates she will."

"Yeah, I… You know, I'm doing what I ask people not to do. Take a simple Bill and you know, beat it to death. I just want to make sure, it says here and this, of course, Representative said… says, it's and so you're already in Vietnam, so they have to… left high school before graduating in order to serve in the Armed Forces. Okay. So, I guess here's what I'm going to ask. Someone was 16 or 17, they dropped out of school. Okay? They just drop out. A year or two (2) later they get drafted and go to Vietnam. Okay. Now, they come back. I… I would like this to apply to them…"

"That's right."

"…but the way the Bill reads it says, 'in order to serve in Vietnam.' Which goes to…"

"Right. Right."

"…yeah."

"But in the Bill, Molaro, it says, 'left high school before graduating in order to serve in the Armed Forces of the United States.'"

"Wait, say that one more…" 09500248.doc 126  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"That would be the only reason that… but has not received a high school diploma. That would be the only reason. If they left school to enlist, not if they dropped out and then enlisted to serve."

"Okay."

"They have to enlisted before they dropped out of school in intent of serving."

"Okay. But I… I would like to include those people who dropped out, to be quite honest with you."

"Oh, did you drop out during that era?"

"Well, I… I… no, obviously, it has nothing to do with this Bill. I'll talk to you about it later. But it's a good Bill."

"Thank you."

"I just wanted to ask you that question."

"Thank you for clarification. And…"

"The Gentleman from Lake… the Gentleman from Lake, Representative Mathias."

"Seeing no further questions, the question is, 'Shall the House pass House Bill 5367?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 111 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Crespo, for what reason do you rise?"

"Yes, Speaker. Point of personal privilege, please."

"State your point."

"Yes, I'd like to… if you pay attention to the gallery over to my left, introduce to the House Floor the new mayor of Hanover Park, my good friend, Rodney Craig."

"Welcome to Springfield, Rodney. The Gentleman from Cook, Representative Colvin on House Bill 4379. Read the Bill, Mr. Clerk."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I have for your consideration House Bill 4379, which deals with… deals with, excuse me, insurance training and the number of hours that insurance agents have to put in dealing with the insurance exams. As you recall on House Amendment #2… House… Floor Amendment #2 clarified the pre-licensing course of study that must be completed before the insurance exam for the lines of authority for which an 09500248.doc 128  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 individual has applied. The Amendment also specifies that seven and a half percent of each pre-licensing course must be completed in a classroom setting, except for motor vehicle lines, which will require five (5) hours in a classroom setting. That was in addition to the original Bill, which was House Amendment #1 that increases the pre- licensing study… courses of study for the following classes of insurance producers, including life, accident and health, fire casualty, property lines, property casualty, which currently require fifteen (15) hours of study. Motor vehicle… this Amendment increases the motor vehicle lines of study from seven and a half hours to twelve and a half hours. This was an agreement between the Illinois Insurance Council, the Professional Independent Insurance Agents of Illinois and the Department of Insurance, which has no position on the merits as a result of the two (2) Amendments. And I'll be happy to answer any questions."

"Seeing no questions, the question is, 'Shall the House pass House Bill 4379?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 111 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Coulson. Representative Will Davis on House Bill 5150. Read the Bill, Mr. Clerk."

"Seeing no questions, the question is, 'Shall the House pass House Bill 5150?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Representative Stephens. The Clerk shall take the record. On this question, there are 111 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Flowers on House Bill 5866. The Lady from Cook, Representative Flowers."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 5866 would permit the courts to set a goal of long-term foster care where the courts have ruled out return to home. And it would further, after the court 09500248.doc 130  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 completes an adjudication hearings and find that the child to be abused and neglected or dependent it must then conduct a disposition hearing to determine if the child should be placed in the care of DCFS guardianship. And it further requires DCFS to enhance its family preservation services for families caring for children. And I'll be more than happy to answer any questions you may have in regards to House Bill 5866."

"Seeing no questions, the question is, 'Shall the House pass House Bill 5866?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 111 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Deborah Graham on House Bill 731. Representative Hernandez on House Bill 5297. Read the Bill, Mr. Clerk."

"Thank you, Speaker. House Bill 5297 sets in law to lower copayments for childcare services for the childcare assistance program. It also in… increases the income eligibility guidelines to 200 percent of federal poverty level, up from the current 185 federal poverty level, so the families can stay in the program longer. I ask for your 'aye' vote." 09500248.doc 131  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Seeing no questions, the question is, 'Shall the House pass House Bill 5297?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 111 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, Representative Jefferson, we have House Bill 5739. Chuck Jefferson. Read the Bill, Mr. Clerk."

"Representative Jefferson."

"Mr. Speaker, Members of the House. What's the status of House Amendment 4? Do we know?"

"Mr. Clerk? Hold on, Chuck."

"Take it out of the record. Out of the record. Representative Joyce. Representative Franks on House Bill 4193. Read the Bill, Mr. Clerk."

"Thank you, Mr. Speaker. This is a Bill that came out of committee unanimously. And what it does is… what we're basically trying to do is have no expiration on grants for people who are denied money due to lack of funding. The buyers would still remain eligible for the disbursement of 09500248.doc 132  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 grants. And what happened is, over the last twenty (20) years or so, the state has issued 12 series of college savings bonds worth about four billion dollars ($4,000,000,000). When they said there'd be some… certain incentives if you followed the rules and held the money… and held the bonds for a certain amount of time. What we found is when people went to cash these in they'd say, oh, I'm so sorry the General Assembly hasn't appropriated any money, you don't get anything. This would make it so the folks who relied on that advertising and bought those bonds would get their money eventually when it's allocated. I'd be glad to answer any questions."

"Seeing no questions, the question is, 'Shall the House pass House Bill 4193?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 111 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Coulson on House Bill 3286. Read the Bill, Mr. Clerk."

"Seeing no questions, the question is, 'Shall the House pass House Bill 3286?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 111 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Montgomery, Representative Hannig on House Bill 5215. Read the Bill, Mr. Clerk."

"The Gentleman from Montgomery."

"Yes. Thank you, Mr. Speaker and Members of the House. As introduced, this Bill would appropriate one million dollars ($1,000,000) for the purposes of doing research on autoimmune disease. It would authorize the Department of Public Heath to make these grants. In addition, we picked up an additional language from Representative Krause that would provide for three hundred and fifty thousand (350,000), I believe, for the purposes of rheumatoid 09500248.doc 134  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 arthritis and helping people understand and comprehend that important autoimmune disease. So, that's what the Bill does, as amended. I'd be happy to answer any questions. I'd ask for your 'yes' vote."

"Seeing no questions, the question is, 'Shall the House pass House Bill 5215?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 107 voting 'aye', 4 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Third Readings, we have Representative Kosel on House Bill 4737. Read the Bill, Mr. Clerk."

"Seeing no questions, the question is, 'Shall the House pass House Bill 4737?' All those in favor should say 'aye'; all those opposed say… no, should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all 09500248.doc 135  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 voted who wish? Representative… The Clerk shall take the record. On this question, there are 111 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lang on House Bill 5095. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. Foster parents deserve all the credit we can possibly give them, and yet the state has been shortchanging them for years. They haven't had a rate increase in seven (7) years. These are volunteer people who, even though they've had no rate increase, have had to shell out additional money for food and clothing and shelter, et cetera. This Bill would provide a rate increase to foster parents. And I ask and urge your support."

"Seeing no questions, the question is, 'Shall the House pass House Bill 5095?' All those in favor should vote 'aye'; all those opposed vote 'no'. The… the Gentleman from Jasper, Representative Reis."

"State your question."

"Representative, I'll look into it. All I have up here are names and Bill numbers. I didn't know whether they were related to appropriation or what the subject matter was."

"I'm just going by Bill…"

"State your question."

"Yes."

"The source of revenue is called the General Revenue Fund, Representative. What we have to do when we pass any legislation is find a way to pay for it. And if you believe, as I do, that foster parents have been cheated for the last seven (7) years without a rate increase where they have to pay a couple of hundred dollars a month out of their pocket to do the work the State of Illinois ought to help them do, then you'll support me in this Bill."

"Sir, I would submit to you, this did go through the appropriations process. It went through the Appropriations Committee, it got voted out unanimously, it's here on the floor."

"Lady from Cook, Representative Mulligan, for what reason do you rise? Mulligan."

"Indicates he will." 09500248.doc 138  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"My hopes for this Bill is that the twenty-four million dollars ($24,000,000) ends up in rate increases to the foster parents who are taking care of these children."

"I… I… I presume that's just a rhetorical question. Representative, I want to remind you that five (5) appropriation Bills with Republican Chief Sponsors are already in the Senate. I didn't hear these comments from your side of the aisle when those Bills passed."

"Well, Representative, I have comments also about the way the budget process is done. And I would share some of your thoughts with you that we don't always have all the input on every line item in the budget we wish. That's the purpose for this Bill. This is a line item I wish to have some control over. And I wish you would join me as a cosponsor because I know you care about the foster parents of Illinois." 09500248.doc 140  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"Seeing no further questions, the question is, 'Shall the House pass House Bill 5095?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 105 voting 'aye', 6 voting 'nay', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Lady from Kane, Representative Lindner on House Bill 4290. Lindner, 4290? Read the Bill, Mr. Clerk."

"Seeing no questions, the question is, 'Shall the House pass House Bill 4290?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take… Sullivan, Black… take the record. On this question, there are 91 voting 'aye', 18 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Lady from Cook, Representative May on House Bill 4812. Read the Bill, Mr. Clerk."

"Yes, thank you. House Bill 4812 is an extension of what we did last year for the green cleaning of all the schools in our state and it extends it to the state buildings. If it's economically feasible, which it is, it's very permissive. And it just shows that if we care about our kids, we should care about the employees in state buildings too. This was a good little Bill that I heard from parents and teachers and custodians that this is the right way to go."

"…no questions, the question is, 'Shall the House pass House Bill 4812?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. 09500248.doc 143  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 On this question, there are 110 voting 'aye', 1 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mendoza, House Bill 4466. Read the Bill, Mr. Clerk."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4466 is identical legislation to the same DNA legislation that I passed overwhelmingly out of this chamber for the last four (4) or five (5) years with all of your support. The only difference in the legislation is that we are updating the effective starting date. And the problem with the legislation has not been in this chamber, it just has stalled, a terrible stalling, in the Senate. But I'm not going to give up. And would hopefully, with your support, continue to move this legislation along until we… we get a signature from the Governor someday. What the Bill does is it would take a DNA saliva swab sample of anyone who's arrested for a felony. I think it's extremely important legislation, both in terms of solving crimes, outstanding crimes that we have DNA samples for but have no idea who they belong to. And at the same time provide for an assurance that innocent people are not wrongfully convicted. That I think could end with this legislation passing someday. And I would ask for your support once again."

"The Gentleman from Vermilion, Representative Black, for what reason do you rise?" 09500248.doc 144  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"She indicates she will."

"Yes, any person who would be arrested. Just right now currently, under our law any person who's arrested for any crime, whether it's a, you know, misdemeanor or something much more egregious felony wise, has to get their picture taken, their fingerprints taken and they're kept on file forever. Unless, of course, that record is expunged and they're able to eliminate that, you know, fingerprint or the picture from our files. What we're seeing with the DNA evidence in today's technology is that it's really the fingerprint of the 21st century and so, we're treating this DNA sample in the exact same way that we treat fingerprints under our current law. We've incorporated it into the booking procedure just as we have with fingerprints. And we're treating it in the exact same way. So… but we're only doing so with people who are arrested for felonies. So, you're talking about, you know, very serious crimes here, not just any misdemeanor. If it rises to the occasion of an arrest for a felony then we think that we should incorporate it into the booking procedure and allow it to be used as nothing more than a fingerprint of the 21st century."

"We already do it upon conviction. So, what we're trying to do here is to, you know, further recognize that there are many people who do get arrested for felonies day in and day out whose DNA samples are never kept on file, but who nonetheless may not have been convicted of that crime, but go ahead and go back into society and potentially, go on to commit further crimes. And without their DNA sample being on file, it's very difficult to close out outstanding cases that we could today be able to… to basically make our streets safer by preventing repeat offenders. You know the issue with this Bill is so important because when we talk about serial rapists and serial killers, the average rapist rapes seven (7) times before he's caught. And if we were able to… but many times those rapists for example are arrested for a home invasion, which would qualify as a… as a felony offense. They're oftentimes put through the system and maybe there's nobody to file a complaint or for whatever reason the case gets dropped. That individual, we don't have their DNA on file and they can go on and maybe the next crime escalates from a home invasion to an actual sexual assault. And so, sometimes it takes twelve (12), thirteen (13) times literally, there was a case in my district where an individual had been raping thirteen (13) women before we caught him and we had his DNA on file. He had been 09500248.doc 146  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 arrested multiple times, but we… we did not have this Bill in place where we could actually take a… an arrestee's DNA. Had we had that in place, you know, we could have stopped this person at rape number two (2) or rape number three (3) versus rape number thirteen (13). So, that's why this legislation is so important. Because while I… we've given it great thought and said, you know, we're not going to take the DNA sample of just anyone. But we do believe that it should be treated very similar to a fingerprint. And we should limit it at least to start with I would… I would assume and I… I would suggest to very serious offenses like, you know, sexual assault or felony offenses. That's why I think this Bill is very important. And I do believe that we're weighing the benefit to society against, you know, that potential that we talk about infringing on the Fourth Amendment right, which you know, I would defend and I would support, as well. But again, this is a greater good to society in the whole. And that's why I don't believe that we're overreaching by asking for the felony arrestee to put a sample on file."

"I believe there's nine (9) states now. We would have been the very first state to do this when I first introduced this legislation in the capacity that… that it's 09500248.doc 147  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 written up. And actually, other states have taken this legislation and mirrored it for their own states, like Minnesota. And there's other states like… Kansas actually has a much stricter policy than what we're asking for here. And there's other countries like England who does… they do it for every single crime. And you know, have had an amazing amount of cases solved as a result of having this DNA evidence on file. And that's for every crime. I'm not looking to do that. I'm looking to do that for very serious offenses that people are arrested for. And again, if you are able to expunge your record today and expunge your fingerprints and your mug shot, your DNA information would go right along with it. So, this is by no means overreaching in any capacity."

"I understand that."

"Sure."

"Yes, there have been. There were originally many challenges to DNA being taken as, you know, in terms of arrest or even upon conviction because of the Fourth Amendment right, search and seizure and all that your privacy issues and so forth but the courts have, you know, time after time struck that down as not overly invasive. It's a very simple saliva swab. We're not asking for blood or even hair to be extracted. So, a very simple noninvasive procedure. It's almost… it's actually less strenuous on the individual than actually grabbing the individual person's hand and taking the fingerprints. Very noninvasive, but incredibly accurate in terms of identifying whether the suspect is, in fact, you know, the person that we're talking about. It's an identification tool and that's what I think a lot of us forget. We use fingerprints and we use a person's photograph because we use them as identification tools. And there is no greater identification tool available to law enforcement, but as well and very importantly to a defendant than their own actual DNA. So, I think we just need to recognize that this is… I mean, we are in 2008 and as we move forward in… in our lifetimes technology is going to advance. And this is a very advanced way… it's a much more advanced and much more reliable than the fingerprint actually is. But you know many, many years ago when we were debating fingerprints and taking them upon arrest for any arrest, I'm sure that it was very highly controversial. But you 09500248.doc 149  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 know, I think it's difficult to argue that today. You know, DNA evidence not only benefits law enforcement, but without a doubt time after time, you know, it's proven to have benefited the wrongly accused. And we've already let go… every year we've read the cases in the Chicago Tribune, in the Chicago Sun-Times, both which papers support this Bill with their editorial boards. We have seen how many people have been wrongfully convicted and after twenty- eight (28) years of being in jail for a sex offense, you know when they never had the ability to… to give their DNA, because right now judges have to order that sample to be taken. If you're a poor minority who is accused of a crime that you didn't commit and maybe you have a long rap sheet, you're probably not going to get the benefit of the doubt. But the DNA, it doesn't talk about race or gender, it talks about the truth. And I think that's very important. And if I were a defendant who's been wrongfully accused I would…"

"Representative, I realize that she used your time. We'll… we'll give you another minute."

"Listen, this is on Short Debate. So, we will…"

"The Gentleman from Winnebago, Representative Sacia, for what reason do you rise."

"She indicates she will."

"The Lady from Cook, Representative Graham, for what reason so you rise?"

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill. I stand in support of this piece of legislation. Years past, I was apprehensive about it. But last year I would say that I experienced, my house was broken into and you know how it is when somebody breaks into your property, it no longer feels like it's your own. Well, the person who had broken into my home had cut their hand and left blood droppings in my house. And because they took samples of the blood, they were able to identify the individual who had broken into my home. So, I stand in total and complete support for the Lady's legislation. And I urge an 'aye' vote."

Speaker Turner: "The Gentleman from Cook, Representative Molaro, for what reason do you rise?"

"Thank you. I'll be as brief as I can. I'm finally going to support this Bill only because the Lady from Cook kept working on me and I guess, you know, I have to be drug… I'm like Representative Black, I have to be sort of hog-tied and dragged into the 21st century, you know, but also… but let me say this, Representative, since we have this time now together. You got a Bill coming up later which I'm really going to be screaming about, that I don't like, about the wiretaps. But I… I agree with Representative Black. Maybe… I don't know if it's our age or what it is. But there's something funny about this Bill 09500248.doc 153  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 and maybe it's just that we just don't like change. I don't know what I don't like about this Bill, I can't figure it out. And since I can't figure it out, I'm going to vote 'yes'. So, thank you."

Speaker Turner: "The Gentleman from Cook, Representative Durkin."

"She indicates she will."

"It becomes part of the booking procedure. So, it would… there's a technician that is in charge of it. It would not be a police officer, it would not be the person handling the actual arrest, but a technician who would be in charge and trained to do that. The Illinois State Police has the… the authority of coming up, promulgating the rules on how that would be done. But, you know, originally when this idea was brought forth to me it… it actually had in the legislation to have the police officer could use any, you know, force necessary to submit the person to this sample, which is absolutely asinine. So, we've made a lot of work on this. And this is where we've gotten it to."

"Excuse me, from the what court?"

"They're…"

"…they're supposed to be… my understanding is trained by the Illinois State Police. I don't know that you could possibly have, since this would be anywhere that you're arresting people, Illinois State Police officers working within each and every municipality. But they're coming up with the rules, so I think that's still up for… for final discussion as to whether it would be a municipal employee trained by the Illinois State Police crime lab to only do that or whether it would be a, you know, a… just a State Police officer."

"Well, I… I hadn't really… it hadn't been put to me in that context. The way, you know, we've been discussing this is that when you get your mug shot taken, that happens within a certain time frame, right? The picture, the photograph, as well as the fingerprinting. And this would be one more step in that process. I don't anticipate it being two (2) or three (3) days after the individual is brought into the… the arrest situation. It would be at the same time, you know, one right after the other. You'd take them to mug shot, you process them for fingerprints, you would process the DNA sample."

"Okay. Thank you. I appreciate the input."

Speaker Turner: "The Gentleman from Cook, Representative Dunkin, for what reason do you rise?"

"Thank you, Mr. Speaker. Will the Sponsor yield? I'm just curious, Representative, why is the Cook County public defender opposed to this Bill, according to my analysis?"

"I don't know. I've had so many conversations with them and I just think we're… we don't meet eye to eye on that. Again, I just go back to the whole point that if I were a defendant who's been wrongfully accused of a crime, I would hope and pray to God that this Bill is in place so that I could prove through my DNA that I am not the 09500248.doc 157  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 individual who they believe, and they might have great reasons to believe, that I'm guilty of that crime. There's a lot of people who are falsely identified, who get convicted based on false identifications, who never even get the opportunity to submit DNA evidence. Today, you have people who are incarcerated who are still petitioning judges for the opportunity to have their DNA tested. It would be great for those defendants, if wrongfully accused of a crime, before they're ever convicted of that crime, to have the opportunity just like they do today with their fingerprints, just like they do today with their mug shot to be able to, through DNA evidence which is conclusive, be able to say that, look, I know the guy looks like me. You know, I know that somebody identified me in a… in a line- up, but it's not me and my DNA proves that it is not me. I… I will never understand how as a defense attorney that should not be something that you're clamoring for in terms of legislation. So, I… I've had many conversations, Representative Dunkin, and I mean I just… I don't think we're ever going to see eye to eye to that. I don't understand it. I don't have a good answer for you on that."

"So, but the… were there any salient points that they made that, you know, that stuff… that kept them in their position of opposition?"

"Well…"

"Because I'm thinking that, you know here… here you have a public defender, especially in Cook County, where the lion's share of… of your criminal cases in particular, 09500248.doc 158  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 are conducted in the State of Illinois and yet they're opposed to something that would possibly be an exoneration."

"They… they… every time that they've testified in committee it's always been an issue of, you know the Fourth Amendment right, which again has been held to be constitutional in, you know, a court case after court case. And again, I think that, you know… I… I don't want to tell you why I believe or what I think they might be thinking 'cause, just frankly, it does not coincide with what I firmly believe to be the reasons why we need this Bill. They've presented their arguments, I've tried to be very open-minded and you know, listen to everyone's arguments out there. I had people like Representative Lovana Jones, who many of you worked with…"

"That's right."

"…who originally, absolutely hated this Bill."

"Yes."

"And with…"

"I remember that."

"…with time became a cosponsor of the legislation because she came to see how important it really was. And that this was a very balanced, very balanced piece of legislation, both on the law enforcement side and on the defense side."

"Well, Rep…"

"So, I mean I'm very proud of how far we've gotten it. I… there will always be people who will be opposed to every idea, no matter how great it is. And you know, I… I'm very 09500248.doc 159  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 confident this is a good piece of legislation and it will do a lot of good for many people across the state. It will prevent an enumerable amount of sex offense crimes from ever happening and serial murders as well. So, I don't know why the defense attorneys are so adamantly… or you know, the Bar Association says that they're opposed to it. But I just don't think we're ever going to see eye to eye on that."

"Did they give you a legal argument for why they opposed this or at least the State Appellate…"

"Well, yeah the…"

"…Defender?"

"…they always go back to that it's unconstitutional, the Fourth Amendment right. But again, you know, my counter to that is that you can make that argument, but the courts have upheld this as not being unconstitutional."

"Which courts? The U.S. Supreme Court of the State of Illinois?"

"The Supreme Court has already ruled on this on multiple cases. There have been… I don't…"

"Do they remand it back to the…"

"…I do not remember the case."

"Was it remanded back to the state courts or…"

"You can Google it. Hold on, let me if the attorney on staff might know something."

"Oh, you're going to let him answer now?"

"Yeah. I'm sorry. Honestly, I don't know the cases off the top of my head. But you know, again this has been upheld. Other states that have this have not had the 09500248.doc 160  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 legislation taken out because of unconstitutionality issues. I just think that we are never going to come, unfortunately, to an agreement between, you know, the ACLU, the Illinois Bar Association and you know, myself or any other Legislator who supports this legislation. I've tried. We're… we're not going to get there."

"So, what's the biggest distinction from this legislation and the one prior to… I think it was about, what, three (3) years or so ago?"

"What's the biggest what?"

"Didn't you have similar legislation…"

"Yes, actually there… there is absolutely no…"

"…about three (3) or four (4) years ago?"

"Yes, no distinction. I carried this, I think this is the fourth time. It's the exact same Bill, the only difference is the effective starting date. So… but I have… this is an issue that I've talked to every single Member of this chamber about, personally. And that I've explained, you know, in detail and tried to answer everyone's question in the past. Some people's memories might be a little hazy, we only deal with thousands of Bills here, so I understand that. But you know, this is a Bill that has grown from a Bill that originally was perceived as very contentious and perhaps divisive and very controversial to a Bill that has for the last three (3) years, come out with close to unanimous support. So, I… you know, again, I feel confident when even, you know, Representatives like, you know, Representative Jones could get on board as the Sponsor. That to me means that, you know, this Bill has, 09500248.doc 161  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 you know, time has helped show that this Bill needs to happen. And when we constantly pick up the paper and see that an individual, minority, has been released after twenty-eight (28) years in jail for a crime that they didn't commit, that could have easily been prevented by a DNA sample, you know, that's what fires me up about legislation like this. We can put people away who don't deserve to get a free pass for having committed a crime that they haven't been caught for, but also make sure that the right person is being put away. And that we're not sending an innocent person to jail."

"So, Representative, I see… I understand your… your good intentions. And as a matter of fact, no one here would support someone being wrongfully convicted. And there's been a lot of abuse in the City of Chicago, in this state, with overzealous prosecutors who put innocent people and sometimes normally twenty (20), thirty (30) years in the penal system, devastating their lives as well as their families lives. Because you know, if someone's incarcerated their family goes with them, quite frankly, a good portion of them. And so I'm just a little confused, because we often know constituents or of constituents or family…"

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

"Thank you, Mr. Speaker. Who potentially could be a part of, you know, sort of the… the… the negative abyss of prosecution. Especially if you are low income, you don't have the resources to really… to get, you know, the 09500248.doc 162  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 preeminent defense attorneys. And so, to see that you have some of our premiere agencies, the Cook County Public Defenders Office, the State Appellate Defenders Office, which is usually oftentimes the last appeals of… of… last resort for a number of individuals here, and certainly at the state level. And then to see ACLU and the State Bar Association, which is another huge and prominent organization here, opposed to this. You know, for us nonlawyers, Representative… Representative, for us nonlawyers it's a bit confusing. And when we're trying to look out for the… for the common good of, you know, the average Illinois citizen, it just, you know, sort of gives pause to what's really going on. And again, I don’t have all the answers. It's, you know, I know you've been working on this for a number of years and I'm…"

"The Gentleman from…"

"So, thank you, Mr. Speaker."

Speaker Turner: "The Gentleman from White, Representative Phelps."

"Mr. Speaker, I move the previous question."

"Gentleman moves the previous question. All those in favor say 'aye'. The previous question is put. And the… Representative Mendoza to close."

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I would just respectfully ask for an 'aye' vote."

"The question is, 'Shall the House pass House Bill 4466?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all 09500248.doc 163  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008 voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 98 voting 'aye', 12 voting 'no', 1 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative May on House Bill 5773. Mr. Clerk, the Lady asks leave to bring the Bill back from Third to Second. Place that Bill on the Order of Second Reading. Read the Bill…"

"The Lady from Lake, Representative May."

"Yes. Amendment 4 is really fairly technical. But it clarifies that only one person in the recycling chain has to have the notification and be certified to do it."

"Seeing no questions, the question is, 'Shall the House adopt Floor Amendment #4 to House Bill 57… the Gentleman from Black… I mean, the Gentleman from Vermilion, Representative Black, for what reason do you rise? And it is getting late in the day."

"Indicates she will."

"If you drop it… if you give it to a recycler who is registered, that's correct. One person in the chain."

"Well, I think that you would find out when they're taking them."

"And I was just asking about one of the major stores, like Abt in my area that has it. If they become certified they could become a recycler. This is a result, if we want to talk about it, there was a white goods task force that… from the 88th General Assembly. So, we're finally implementing some of those things. But this particular Amendment is technical, just clarifying the number of people in the recycling chain."

"Yes."

"We thought it was fairly clear. But so we just…"

"Pretty technical."

"IRMA asked for it to clarify it."

"Thank you."

"Seeing no further questions, the question is, 'Shall the House adopt Floor Amendment #4 to House Bill 5773?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment's adopted. Further Amendments?" 09500248.doc 165  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

Speaker Turner: "Third Reading. Representative Flowers on House Bill 5865. The Lady asks leave to bring the Bill back from Third to Second. Leave is granted. This Bill will remain on the Order of Second Reading. Mr. Clerk, Agreed Resolutions."

"Representative McCarthy moves for the adoption of the Agreed Resolutions. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. The Gentleman from Cook, Representative Molaro, for what reason do you rise?"

"For purposes of announcements." 09500248.doc 166  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 248th Legislative Day 4/8/2008

"You may be doing what the Clerk was about to do, but go ahead."

"No, no, this is a different announcement. Nine o'clock tomorrow we did have Judiciary II-Criminal Law and we are now canceling that committee. So, we are not meeting at 9:00 tomorrow. We will be meeting next Tuesday afternoon. So, thank you. No Jud II tomorrow morning."

"Mr. Clerk, with that would you give us the rest of the committee schedule."

Speaker Turner: "Any further announcements? No further announcements, Representative Lang moves that the House now stands adjourned until Wednesday, April 9, at the hour of 10 a.m., Wednesday, April 9 at the hour of 10 a.m. Allowing perfunctory time for the Clerk, the House now stands adjourned 'til Wednesday, April 9, at the hour of 10 a.m. And the House is adjourned."