Illinois House Floor Debate — May 28, 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. And we ask our guests in the gallery to rise for the invocation and the Pledge of Allegiance. We shall be led in prayer today by the Reverend Michael Tozer, who is the Pastor of Springfield Foursquare Church in Springfield, Illinois. Reverend Tozer is the guest of Representative Poe."

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

"Roll Call for Attendance. Representative Currie."

"Thank you, Speaker. Please let the record reflect that Representatives Will Davis and Froehlich are excused today."

"Mr. Bost."

"Representative Currie."

"Thank you, Speaker. Please add Representatives Osterman and Washington to the excused list."

"The Clerk shall take the record. There being 113 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk." 09500274.doc 2  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"The Chair recognizes Representative Currie. Representative Currie. Please give your attention to Representative Currie."

"Thank you, Speaker. I move that the following… that we suspend the posting requirements on the following Bills so they may be heard in their appropriate committees: House Bill 4525, House Bill 5769, Senate Bill 385, Senate Bill 773, Senate Bills 886, 970, 1102, 1103, 1115, 1116, 1129, 1130, 1878, 1908, 2163, 2231, 2293, 2342, 2413, 2452, 09500274.doc 5  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 2688, 2691, 2719, 2733 and House Joint Resolution 131. I know of no opposition and I'd appreciate your support."

Speaker Madigan: "The Lady moves to suspend the posting requirements. Is there leave? Leave is granted. And the Lady's Motion is adopted. Mr. Clerk, what is the status of Senate Bill 526?"

"Mr. Clerk, put that Bill on the Order of Second Reading. Mr. Molaro, did you wish to call House Bill 4383? Mr. Clerk, read the Bill."

"Mr. Molaro."

"Thank you. This Bill is the Water Reclamation Bill; it's for their pension board. It allows… instead of a term of two (2) years, it's three (3) years. And it increases the board where it now allows… five (5) members: two (2) shall be appointed and three (3) shall run as trustees. So, it adds a retiree to the board and a retiree, obviously, is not compensated. And it's in full agreement with the board and the pension system."

"Mr. Molaro, we'll take this matter out of the record. Could you approach the podium? Mr. Riley, did you wish to call House Bill 2308? Mr. Clerk, read the Bill."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2308 provides for the annexation of three (3) parcels of land, two (2) of these parcels are in the Village of Matteson, the other parcel is in the Village of Olympia Fields. The parcel of land in Matteson is going to have a mixed use of residential building erected on it. The parcel of land in Olympia Fields has a physicians center. This is good for both areas. And I request an 'aye' vote on this measure."

Speaker Madigan: "Mr. Riley, does this concern the Water Reclamation District?"

"Yes, it does. This… this is an annexation to the Water Reclamation District for all three (3) parcels."

"Mr. Riley… Mr. Riley, we're going to take this matter out of the record. Could you approach the podium, also? Thank you. Mr. Clerk, put House Bill 2308 back in the record. And the Chair recognizes Mr. Riley on House Bill 2308. Mr. Riley."

"Well, thank you, Mr. Speaker. Again, I think the previous explanation was these parcels were to annexed to the Water Reclamation District."

"The Gentleman moves for the passage of the Bill. 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? Have all voted who wish? The Clerk shall take the record. On this question, there are 61 people voting ‘yes’, 52 people voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. House 09500274.doc 7  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 Bill 2916, Mr. Reboletti. The Gentleman indicates he does not wish to call the Bill. House Bill 4385, Mr. Turner. House Bill 4443, Representative Flowers. Representative Flowers on House Bill 4443. Mr. Clerk, read the Bill."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 4443 merely adds the amount of… of one million, five hundred (1,500,000) to the appropriation for the program dealing with autism. And I'll be more than happy to answer any questions that you have in regards to this Bill."

"The Lady moves for the passage of the Bill. 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 113 people voting 'yes, 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Representative Chapa LaVia, did you wish to move House Bill 4728? The matter is on the Order of Second Reading. Mr. Clerk, what is the status of the Bill?"

"Representative Chapa LaVia on the Amendment." 09500274.doc 8  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"You know, Speaker, I… I stand corrected. If I could just leave this on Second, I'm working a little bit more on that Amendment. Thank you."

"The Lady would like to take this matter out of the record. Mr. Clerk, take the Bill out of the record. Mr. Colvin, did you wish to call Senate Bill 1879? 1879? The Gentleman indicates he does not wish to call the Bill. Mr. Colvin. The Chair recognizes Representative Ryg."

"Thank you, Mr. Speaker. Point of personal privilege."

"State your point."

"I'd like to ask the Members to join me in welcoming a very special group of guests that are behind me in the gallery. Some of you may have worked with my mom, Sheila Schultz, as the former mayor of Wheeling, for sixteen (16) years as a member of the Illinois Municipal League Board, past President of the Northwest Municipal Conference and a variety of other regional exercises. And she's here today with a group of her high school friends to visit and watch us in action. So, if you would join me in welcoming them to Springfield. Thank you."

"Mr. Black. Mr. Black, did you wish to call Senate Bill 2021? It's concerned with gaming. Mr. Clerk, read the Bill."

"The Gentleman moves for the passage of the Bill. 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 68 people voting 'yes', 45 people voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of Senate Bill 2721?"

"Put the Bill on the Order of Third Reading. Mr. Clerk, what is the status of HR 628? 628?" 09500274.doc 10  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"The Chair recognizes Representative Graham."

"Thank you, Mr. Speaker. This Resolution simply establishes a task force to look at when evictions are put on your credit report to try to find some room so we can decrease the plight of homelessness. I'll take any questions."

Speaker Madigan: "The Lady moves for the adoption of the Resolution. Those in favor vote 'aye'; those opposed vote 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 people voting 'yes', 0 voting 'no'. The House does adopt this Resolution. Mr. Lyons in the Chair."

"On page 45 of the Calendar on Senate Bills- Third Reading. Representative Karen Yarbrough, you have Senate Bill 62. Read the Bill, Mr. Clerk. Representative Yarbrough, you have a Floor Amendment. You want us to move that Bill back to Second Reading? Mr. Clerk, move that Bill back to Second Reading for the purpose of an Amendment."

"Representative Yarbrough on the Amendment."

"Thank you, Mr. Speaker. I move for adoption of Amendment #5 to Senate Bill 62, which is a gut and replace 09500274.doc 11  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 Amendment that requires a county sheriffs to send a person's government issued ID to the Department of Corrections. I'd be happy to answer any questions."

"Is there any discussion on the Amendment? The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan."

"Thank you, Representative. Any questions? Any further questions? Seeing none, 'Should Amendment #5… Floor Amendment 5 be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Mr. Clerk, on page 45 of the Calendar, Representative Mike Boland, on Senate Bills-Third Reading, has Senate Bill 439. Representative Boland. Senate Bill 439? Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Rock Island, Representative Mike Boland."

"Yes, thank you, Mr. Speaker. Senate Bill 439 permits the governing body of a municipality to adopt an ordinance that requires the municipal… Municipalities Election Authority to prepare a ranked absentee ballot for municipal and township office candidates to be voted on in the consolidated election. And this ordinance can take place only if the Election Authority submits a statement that says they can, basically, they have the administrative ability to… to do this. So, it is permissive in both ways there. And would like to have this passed. It'll help our military veterans participate, our military people that are overseas and that might have a difficult time getting a ballot back in time, participate in our local elections."

"Is there any discussion? The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"Sponsor yields."

"Well, we… I… I had held it 'til we could have some conferences. I didn't say 'til there would be an absolute agreement. I think we've addressed some of their concerns. I'm not sure how they are right now. But they didn't indicate to me that they were opposed to this."

"It… it was part cost and part logistics. And so that's why we put in there the fact that it's permissive. If they feel for some reason that this is cost prohibitive or that it's administratively untenable then they don't have to do it."

"Yes, absolutely."

"Yeah, they… if they don't feel they can do it, they don't have to do it."

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

"Sponsor yields."

"This was brought to me by Daniel Johnson Weinberger, who is a… I guess I'd call him sort of an expert in election law."

"I'd really rather not, since this is the last Bill we can… I mean, the last week we can deal with this. The Governor if… if there is some situation as to what you're saying and the Governor needs to do something to clean it up or whatever, which I don’t think there's a need for, but if… if that becomes a concern, then I think he could use his Amendatory Veto."

"Well…"

"No, I'm just saying, I… personally, I don't… I disagree completely with your analysis. I think that this is a good Bill. It's going to help those military folks who may be in a situation where it's not easy for them to get their ballot back in time."

"Well… well…"

"…well…"

"…this isn't from February to November. This is from February to April that we're talking about, the consolidated local elections."

"Well… well, I think that, you know, to… to help any of our veterans vote that want to… any of our military people that want to vote, we should be willing to do what we can for them."

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

"Sponsor yields."

"Well, in that case you… you do have a point that they cannot change their vote once they've sent it in. But the ranking of it helps them to make sure if there is something that happens in between, you know, they've at least got their second choice pointed out."

"Well, I… I think, you know, what you talked about as far as the time is absolutely the reason to do this is because that time…"

"…it… it doesn't give, you know, usually enough time for somebody to get that ballot in."

"That's true. But on the other hand, if something happened later during that time period, they might not have time to get that ballot in…"

"…even with… even with the change added to that they might have."

"Pardon me?"

"As far as other states, you mean?" 09500274.doc 18  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Oh. Not that I know of."

"There are a couple of other states; I don't have it right… right offhand. Oh, wait here it is. Yeah. Three (3) states, Louisiana, South Carolina and Arkansas, as well as the City of Springfield has now voted that they want to do this in their next municipal election."

"The VFW supports it. There is no opposition registered, you know, against it."

"There's February and April."

"Yes."

"It's a choice for them."

"Right." 09500274.doc 19  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Well, they… they will know if they, you know, the request from the… from the person overseas. You know, that they are requesting this. And… and remember, this is totally optional for them in the sense that if there's a reason due to cost or they don't have enough personnel or whatever to develop that type of ballot, they don't have to do it."

"Talked to who?"

"Dan Johnson-Weinberger is an attorney, right, who brought this to me."

"Right. I'm not a lawyer, so I can't tell you, but that's what he…"

Speaker Lyons: "Representative Rose, your 5 minutes has expired. We have numerous people that want to speak to this issue. This was originally on Short Debate, I'll put it on Standard Debate. If you could finish your question, I'd appreciate it, Representative Rose."

"Yes."

"I… I believe they would. I believe they could when they first notify them."

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

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

"Sponsor yields."

"Representative, I… I apologize, I missed the first part of the debate. Did you meet with the clerks… with the clerks' association about their concerns with regard to this Bill?"

"Yes. We… I met with Mike Hoffman, who is the lobbyist for their group."

"And… and were their concerns addressed in any Amendment?"

"I believe so, yes."

"Can you tell me how?" 09500274.doc 21  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Well, I believe that, you know, the… the issue of if they were… if they were to have not the personnel or the money or something to be able to do this that they would be able to exempt out of it."

"So, they have to make an affirmative… how would… how do they do that? They just say, we're not offering that to you?"

"I'm not sure on that. How… how they would… I think they would just tell the municipality that, you know, we… we can't do this for this reason."

"Okay. Have you done any… have… have you received any complaints from… from overseas military voters that… that they did not get their… their ballot in time?"

"I did not personally, but Dan Johnson-Weinberger has said there have been some to him. And that's why he proposed this legislation."

"Okay. 'Cause it's my understanding that the City of Chicago, which would be the largest municipality affected by this, did some research and could not find one instance of one single voter that sent in an absentee ballot application, failed to receive it in time or failed to send it back in time. So, I think that this really seems like a solution in search of a problem. Where we've not, you know, at least for the largest municipality in this… in this state they have… there's been no military voter, overseas voter that has not been able to vote on a timely basis and… and have their ballot counted."

"Well… well, we don’t know that. That's… that is what some people say, but how do we know those who didn't just 09500274.doc 22  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 give up because they thought, according to Weinberger, there's a difference between those who were mailed out the ballot and those who sent it back in. So, that maybe… I know if I was in that situation… if you're over there and you've got a lot more issues on your mind, you know, you may be dodging bullets or whatever. You know, getting that in on time has to be… you'd have to be extremely well motivated."

"All right. Well, Representative, again, it's just my understanding from the… from the City Board of Elections that… that they did a pretty thorough review of this. And I have to apologize at this moment, I don't remember the details of how they made those determinations, but they had, you know, pretty… looked at this pretty extensively and determined that… that… that the ballots that had been sent out came back on time. I… do we have… have… has there been any of our voting equipment in the State of Illinois that's been tested for this kind of… for this kind of runoff voting?"

"I do not know offhand as to if any of them have."

"Okay. Well, I… I… it's my understanding from the State Board of Elections that none of our equipment has been tested. So… so, what happens with it when a runoff ballot comes back with… if there's no… if there's no equipment that can count that ballot?"

"Well, it would have to be hand counted?"

"And what does that do to the secret ballot?"

"Pardon me?" 09500274.doc 23  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"What does… what does that hand counting do to the secret ballot on an absentee ballot?"

"Well, obviously, in any case you can have a situation where you have to have hand counting where, you know, if there's only one ballot people could figure that out. But that's… that could happen in any situation."

"I… I apologize, what do you mean by there's only one ballot?"

"Well, we had a situation many years ago in my area where the way the lines were drawn in a local election there was one person voting in one precinct. And so, basically, everybody… it was not hard to figure out where that person had voted, who that person was and so forth."

"All right. To… to the Bill. Ladies and Gentlemen, I… I think that this… I… is… while the goal of the legislation is laudable, is to make sure that our overseas voters are… are getting the opportunity to vote, there is no evidence, at least that I'm aware of, that indicates that there is a problem with the overseas vote… voting in municipal elections. The clerks are very concerned about the ability of their election equipment to do this kind of counting. In fact, it… we know that the election equipment is not tested for this type of counting. And it… we don't know whether the existing equipment would… would work with that kind of counting or whether we would have to invest in new types of counting equipment. And I think that to say that the ballots would have to be hand counted, which removes the secret ballot, that's a… that's a significant problem I think for those voters who may or may not be 09500274.doc 24  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 aware that some election authority is going to be looking at their ballot and knowing exactly who they voted for and whether that ballot has an impact on the result of the race. And if so, you know, everyone's going to know who that voter is and how… and how they… and how they may have changed the outcome of the race. So, I think there are some significant problems with this Bill. And I… I would hope that we can con… if the Sponsor could continue to work on this and see if we can work out some of these challenges. Thank you."

"The Gentleman from Bond, Representative Ron Stephens."

"Gentleman yields."

"Well, potentially, all of them could be, from Illinois that are over there. But you know, as we all know in municipal local elections, the turnout even back here…"

"…is very small. But the… the crucial thing I think that was…"

"…well, let me just finish here a second."

"That… it could be. I… I don't know how much…"

"I… I don't know how many, you know, civilians are overseas compared to military. But this…"

"You're… you're absolutely right in that civilians overseas could take advantage of this as well. Although, that happened to have been my motivation, you know, as far as the military, but in… you're absolutely right that anybody working overseas could take advantage of this as well…"

"…and hopefully, would."

"Thank you."

"Chair recognizes the Gentleman from Jackson, Representative Mike Bost." 09500274.doc 26  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Sponsor yields."

"No, what I had agreed with the county clerks and the other people was that we would try to see if we could reach an agreement. And you know, we had several meetings with them…"

"…some…"

"No, no, I… no, not at all. No, we…"

"The Gentleman from Vermilion, Representative Bill Black."

"Sponsor yields."

"Yes, absolutely. Yeah. This is a… a new idea for Illinois. Although as I said, you know there's already three (3) states that are doing it. States that, incidentally, have a very high proportion of military folks overseas. But again, I want to emphasize the… the option of this. That if for some reason this is not able to be implemented by some election authority, for example, maybe small real some county or some… they don't have the personnel or the money or something, they can opt out of it."

"Oh, no, absolutely."

"Yeah. Nobody's forcing them to vote, you know."

"And they probably wouldn’t if they've been gone…"

"…a long time."

"Absolutely, yes."

"And… and in fact, the municipality has to say they… they have to tell the election authority, we want you to do this."

"You know, so, again, there's two (2) options in there. Both the municipality and the election authority."

"Well, actually, according to my analysis, they didn't. And they had not told me they were in opposition to it. They had questions about it and so forth and according to my analysis they took no position, but…"

"…they may…"

"…be opposed to it."

"Yeah." 09500274.doc 29  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Yeah."

"Right. Right. Right."

"They would not have to approve the ballot, but they would have to approve the equipment that is used."

"Right now, there are no machines that can read a ranked ballot. But the State Board of Elections can, you know, call for testing and so forth…"

"…of new machines."

"Right."

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

"Sponsor yields." 09500274.doc 30  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"I believe so. I mean, the… the concept of democracy is what we go to war for. That's our most precious value, the thing that makes America, America. And so, you know, we should we doing everything we can. In my eyes, if only one person were to use this, it would be worth it."

"Absolutely right."

"I really don't, I couldn't tell you that."

"In any election?"

"No. Not… even presidential elections usually hit maybe 50 percent if we're lucky."

"Yeah."

"No, not at all. Not at all." 09500274.doc 31  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"I don't think so, not today. I appreciate your thought."

"The Chair recognizes the Gentleman from Cook, Representative Lou Lang."

"Thank you. Will the Sponsor yield?"

"Sponsor yields."

"Thank you. Representative, I support your goal here, but I want to see if the mechanisms within the Bill flow to make the Bill work. So, this only applies to municipal elections, is that correct?"

"And township."

"And… and township?" 09500274.doc 32  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"But the township ones… I'm trying to think… I don't know of any townships that have runoffs as some of the municipalities do." Lang: Well, so I would understand a situation where a whole county decided that they were going to opt into this program because then they would be buying the appropriate equipment for all of the jurisdictions."

"Um hmm."

"But, what do you do with a situation where one municipality within a large county, let's use… I live in Skokie in Cook County. Let's assume Skokie wanted to do this, does Cook County now have go buy this equipment?"

"No, it… again, this is optional. It's optional at both the municipality level and at the election authority level."

"So, if the municipality says, we want to do this, the county could still say, no, you don't, we're not paying for it."

"Well… well, just that… yeah. Exactly as what you're saying is the county could say, well, this is prohibitively expensive or we… we don't have the money for it. So, therefore, we're not going to do it."

"So, could the… let's do it in reverse. Let's say the county wanted to do this for all of its municipalities, would then the municipalities have to do it?"

"No. The municipalities have to request it to the election authority."

"Well, except the county in… let's say in Cook County is the election authority." 09500274.doc 33  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Yes."

"So, and Cook County is a municipality. So, could Cook County decide they're going to get all new machines and implement this program and force each municipality and township within the county to do it?"

"No. As… as I said, this… the… the municipalities have the option of whether they want to do this or not. They have to request it from the… to the election authority, we want to do this. For example, in Springfield, they've actually opted to do this in their next election. They had a… they had a referendum, in fact, to see if the population wanted this. The population overwhelmingly wanted to do it. The mayor of Springfield came to my office, very strongly supportive of this."

"If the county wanted to get all new machines or equipment that would cover the possibility that they needed this software in this machinery, you're saying then they could go ahead and buy the machines, but… but that aspect of it could… would only be implemented or activated if the local municipality requested it for particular election?"

"Right. Right."

"And could they request it for one election and then say 'no' for the next one and 'yes' for the next one and 'no' for the next one?"

"I would guess so, yes. That seems to be the way the Bill reads, yes."

"So, I'm going to support your Bill. But I think that's a little awkward. What do you think? Think that's a little awkward?" 09500274.doc 34  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Well, I would think that if, for example, Springfield goes ahead and does this, my guess is, you know, they're going to want to continue to do this. I think this is going to probably become a more popular type of thing. Every election thing that we've done that has expanded the number of people participating, has continued to go forward. You know, democracy as… as Al Smith once said in 1928, 'the only cure for the ills of democracy is more democracy'. And so, I believe it will continue."

"Were you there when he said that, Representative? One… one last question."

"Yes."

"My analysis shows there's only one company in Illinois now that uses the correct equipment. Is that correct?"

"That is correct."

"So, (a) I'm concerned about the monopoly that creates, but more important, as you know there have been allegations that some of the computer manufacturers that make election devices have been involved in some countrywide conspiracy to steal votes. I'm not suggesting this company is one of those, but has this company been involved in any of those allegations?"

"I don't know offhand which companies. I'm not privy to which companies have been part of the conspiratorial theories, if they're you know, true or not, even."

"Representative Lang, the clock has run out on you. If you had any further questions? Representative Boland to close." 09500274.doc 35  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Thank you very much, Ladies and Gentlemen, a very good and interesting debate. And I believe that Representative Pritchard really hit this on the head. And what the mayor of Springfield told me in one of my meetings with him that, you know, these are the freedoms and the democratic values that we send people to risk their life and limb on. And the least we can do is to try to make it every bit as convenient for our military people, and as one of the other Representatives pointed out, other civilians that happen to be overseas to participate in our democracy. That's what we're all about. We're all about trying to give all of the people a chance to participate as much as they would wish. As I pointed out in the debate this is optional from both a municipality and an election authority standpoint. And so therefore, those municipalities like Springfield and other non-Home Rule communities that want to do this, they should be allowed to do it. I thank you very much and I urge an 'aye' vote."

"The question is, 'Should Senate Bill 439 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Feigenholtz. Mr. Clerk, take the record. On this Bill, there are 95 Members voting 'yes', 17 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Rules Report."

Speaker Lyons: "The Chair recognizes Representative Barbara Flynn Currie."

"Thank you, Speaker. I move to suspend the posting requirements so that House Resolution 1333 and Senate Bill 2920… 2098 could be heard in State Government Administration. And that the reassigned Bill, Senate Bill 2636, could be heard in Judiciary I. And that Senate Bill 1872 could be heard Elections. I know of no opposition and I'd appreciate your support for the Motion."

"Is there any discussion? Seeing no one in opposition, the… seeing no one in opposition, the… all those in favor signify by saying 'yes'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Motion carries. The Chair recognizes the Gentleman from Menard, Representative Brauer, for what purpose do you rise?"

"Please proceed, Representative."

"Congratulations, enjoy your day in the Capitol. Chair recognizes the Gentleman from Fulton, Representative Mike Smith. For what purpose do you rise, Representative?"

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

"Please proceed."

"Thank you, Mr. Speaker. In the gallery behind me, I would like to ask the Body to join me in welcoming from Pekin High School the winning team in the Draft a Bill contest. They're here with their instructor, Mr. John McCabe. Please welcome Adrian Cagle, Jeremy Moss and Alex Siegfried."

"Welcome to Springfield. Have a great day. The Gentleman from Vermilion, Representative Bill Black."

"Thank you, Representative Black. Ladies and Gentlemen, continuing with Senate Bills-Third Reading on page 45 of the Calendar, Representative Marlow Colvin, you have Senate Bill 1879."

"Thank you, Mr. Speaker. Mr. Speaker, we would respectfully request to move the Bill back to Second for the purposes of Amendments."

"Mr. Clerk, move Senate Bill 1879 back to the Order of Second Reading. And what's the status on the Bill?"

"Representative Colvin on the Motion."

"Mr. Speaker, first we'd like to move to table Amendment #1. But Amendment #3 has not been adopted yet. Amendment #3 needs to be adopted."

"Mr. Clerk? Mr. Clerk."

"Representative Colvin, your Motion is to table Amendment #1? You've heard the Gentleman's Motion. All those in favor to table Amendment #1 to Senate Bill 1879 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 09500274.doc 39  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 is adopted. Mr. Clerk, Amendment #3. Amendment #1 is tabled."

"Representative Colvin on the Amendment."

"Thank you, Mr. Speaker. We'd simply like to adopt Amendment #3 and debate it on Third Reading."

"The Motion is to move for the adoption of Amendment #3 to Senate Bill 1879. Is there any discussion? Seeing none, all those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker. I would like to present for consideration Senate Bill 1879, which has been an exhaustive effort on behalf of the financial institutions, the community in the State of Illinois, the Attorney General's Office, City of Chicago and other parties. Senate Bill 1879 is a combination of a couple of Bills that we've discussed most of the spring here in Springfield. The… Senate Bill 1879 adds, through Amendment #3, the language of House Bill 838, which requires homeowners to… about to be foreclosed to receive a homeowner notice 09500274.doc 40  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 detailing their rights during foreclosure proceedings. It's a Bill that was negotiated with the Attorney General's Office and again, the financial industries here in the State of Illinois to remove all opposition to the Bill. The second major part of… of Senate Bill 1879 is… deals with Amendments to the Human Rights Act to increase the fine of the… the Attorney General can ask a court to impose for a violation of Article 3, which is discrimination dealing with real estate transactions. It would increase those fines from ten thousand dollars ($10,000) to twenty- five thousand dollars ($25,000). And subsequent fines, those fines would go from twenty-five thousand (25,000) to fifty thousand (50,000). Senate Bill 1879 also amends the Fairness in Lending Act to prohibit any financial institution from denying or varying the terms of a loan because of a borrower's race, gender, disability or national origin. Those are the major provisions of the Bill. Would be happy to discuss it if there are any questions."

Speaker Lyons: "The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."

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

"Sponsor yields."

"Representative, I… I understand what you're trying to do here and I think it's a good idea. But I have some questions as I'm reading this… this is the first time I've seen the Bill. And I'm noticing… I want to focus on the homeowner notice provision. May I ask why you're determining to do it during the summons and not during the 09500274.doc 41  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 initial letter? Because I'm wondering if the requirements as they're written would be violative of the Fair Debt Collection Practices Act? And that's what concerns me. Because under the Federal Law you have to give debtors certain rights and you have to let them know that they can dispute the debt and they have to write within thirty (30) days. But here, you're requiring a notice at the time of summons. And I think it might make more sense to require the notice during the initial communication from the creditor to the debtor."

"Well, it doesn't conflict with the statement that they receive. What we're trying to deal with here is a practical matter. When people get letters from their banks stating… foreclosure notices, the vast majority either out of fear or embarrassment or frustration don't respond in any way. Most people begin to realize the seriousness of the problem when they get served a summons. I think it was a practical approach to a vexing problem to simply put this notice with the summons. When people see that notice of court, to have this information outlining their rights, their options, their choices at a very critical time in the foreclosure process. To give them very straightforward, basic information on how they could perhaps save their home."

"Okay. That makes sense. And I appreciate… I wasn't sure why you did it, but the way you've explained it that makes good sense. If there was a violation of this and the notice wasn't laid out, what would the penalty provision 09500274.doc 42  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 be? Would that be separate or would it be an additional penalty to the Fair Debt Collection Practices Act?"

"It is separate."

"Okay. So, it… and what would that penalty be?"

"It's… it would be five hundred dollars ($500)."

"Okay. Now, I'm reading on the notice requirement you're requiring that the notice be both in English and in Spanish?"

"That's correct."

"Why would we require that if the loan documents are in English?"

"Well, it… it's a fair question. I think that with respect to this notice, what we were trying to do is provide it in a sense that would reach the widest cross section of people. It would be great if we could put all the languages that are spoken in the State of Illinois, but I think it's almost anecdotal to the point that English and Spanish are probably the two (2) most popular languages. I think it's an extra step in a proposal to give as much information as possible in the best… in what we think is the most reasonable way possible."

"Well, I… I think that's a problem here, because under equal protection clauses could we then get a claim from the Polish community that they weren't included for instance? Or from a different community that has a lot of folks. And I think you're opening a real… a real issue here that you may not wish to go, especially, if the loan documents are in English. Would it be better that whatever language the loan documents are in, then the notice should be in that 09500274.doc 43  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 language? But by requiring the extra step to do different languages, I'm not sure you want to go there in this Bill."

"Well, Representative, this did come up in committee in our discussions. I think what's… I think what we are talking about here is a standard of what's reasonable. I think that providing this language in English and in Spanish, which are probably the two (2) most popular languages spoken in… in the State of Illinois, but more than anything, in… and what I don't want to be lost in the minutia of certain details is what our ultimate goal is here."

"I agree."

"And that is to encourage people… and… and I don't know if it… I'm not a lawyer, I don't know if it would be a cause of action."

"I… I… I know what you're trying to do. I'd like to help you get there. I think this takes away from it. And I also wanted to ask you about the permission of the recovery of attorney's fees? That's a real difference than we have in most civil actions. And I… can you tell me in how many civil actions where the prevailing party is automatically…"

"Representative Franks, your 5 minutes are up. If you can conclude your last question. Marlow, if you could answer it quickly, we have other speakers. Another minute."

"Thanks."

"It can… what I understand is, it can only be done by statute. But we don't have any idea of exact numbers." 09500274.doc 44  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"And I guess my question is, the way it's written, you say if they prevail on a motion and I think… I'm going to… I'm going to… and I'm wondering what motions you have listed. Because let's assume, for instance, that we file a foreclosure action and the defendant does not appear and at that time a… a… a default judgment is entered. Within thirty (30) days, under the statute the defendant can come forward and file a motion to vacate the default judgment. The… the judge gives that by course. So, the… the defendant would prevail on that motion. Would the plaintiff then have to pay those attorney's fees?"

"It's… my understanding that that would be at the court's discretion."

"Okay. I… I'll yield to other people. But I… I think there's some problems with the Bill. I'd like to discuss it with you when we're off the clock."

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

"State your inquiry, Representative."

"Representative, I'm told that not all Bills have to have that Amendment. The reason why this was not included on this Bill, we'll have to find that out for you. If you'd wait a minute, we'll try to get you an answer."

Speaker Lyons: "Representative, again, this… the… the… the Amendment was not added to this for purposes that it's not needed on all Bills. And this Bill was determined not needed… to not have that Amendment added to it."

"As far as the parliamentarians are concerned, Representative, on that thing, it's an issue where you'd probably ask Representative Colvin to give an answer for that. Marlow, on the issue of the Amendment that is usually added to numerous Bills, but not on all Bills, that was on the original Bill but taken out in the Amendment. Did you hear Representative Black's question? Representative, repeat the question."

"Representative Black, on the advice of our counsel, it was given to me that the rulemaking language was not a requirement of this Bill. It was not necessary… Amendment to this Bill, so we removed it."

"There are…"

"…there are no rules necessary to promulgate this law."

"It's clearly my understanding that there's no… there's no need for rules to promulgate this law."

"No. No, it's not."

"I think it's trying to… well, with the language from the two (2) different Bills it's trying to address two (2) 09500274.doc 47  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 different things. One, the underlying language of House Bill 838 deals with giving homeowners the greatest amount of information to encourage them to work to protect their homes in the event that they're facing foreclosure. The other provision in the Bill simply deals with equal protection under the law. It's clearly drafted in a way that deals with the fines that are levied for those individuals who have been found guilty of violating practices that are already in the law. We're simply trying to make it more punitive by including greater penalties for infractions to laws that already exist."

"Yeah, but we're not debating that at all. The burden of proof does not change with the language that's being put here."

"We're dealing with the fines."

"In the event that a… it was found in a court to be… that would be the fine."

"Correct."

"That's exactly right."

"Nothing changes in that law." 09500274.doc 48  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"I think mortgage steering is the wrong way to characterize that."

"That's not part of this Bill at all. What mortgage steering is, and what… at least what I understand it to be. Have a discussion on that with respect to this language, I think is… takes us completely off the path in terms of what is in the language and the intent of this Bill."

"It has nothing to do with what…"

"…we're doing in this Bill."

"No, it's…"

"…not in this Bill."

"That's correct." 09500274.doc 49  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Once again…"

"…once again that is not part of this… I mean, I would hate to sit here and debate those specific points that have nothing to do with what we're tying to do here, with increasing the fines. If that's your interpretation, that's fine. I don't want to challenge or argue on that point."

"Right. We're… it's not…"

"…we're… it's no way close to it being our intention to bring cause of action. We're just increasing the fines."

"It has nothing to do with cause of action."

"You'd be subject to these fines. That's correct."

"The Chair recognizes the Gentleman from Cook, Representative George Scully."

"Yes, Mr. Speaker, will the Sponsor yield?" 09500274.doc 50  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Sponsor yields."

"Representative, I'd like to ask a couple of questions for clarific… to clarify your legislative intent. And specifically, I'm referring to the provision regarding attorney's fees. And I draw your reference to line 14 on page 26, which specifically refers to the permissive ability of the court to award reasonable attorney's fees and costs to the defendant who prevails in a motion in an affirmative defense or counterclaim. Are you familiar with that paragraph? I'm specifically…"

"Yes."

"…going to ask you about, what was intended by a… a… prevailing on a motion, which would give the court the ability to award attorney's fees. Are you referring to a motion that is dispositive of the case? Such as, a motion for summary judgment or a motion to dismiss, which is dispositive of the case."

"Yes, that's my understanding of it."

"And is it also your intent that you do not intend to give the… that the courts would award attorney's fees for procedural motions, such as a motion to vacate a default or a motion to allow a defendant additional time to respond?"

"Again, that's the discretion of the court… of the judge. But no, that's not my intention here, no."

"Thank you, Representative. I think that will clarify matters and address and specifically state your intent regarding an ambiguity of which types of motions are within the court's jurisdiction to award attorney's fees. Thank you." 09500274.doc 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Marlow Colvin to close."

"Thank you, Mr. Speaker. I would simply just ask for an 'aye' vote on a very important piece of legislation that brings a lot of…"

Speaker Lyons: "The question is, 'Shall Senate Bill 1879 pass?'"

"…necessary protections."

"All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flowers, Granberg. Mr. Clerk, take the record. On this Bill, there are 111 Members voting 'yes', 0 voting 'no', 1 Member voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Lady from Cook for a personal privilege, Representative Cynthia Soto."

"Thank you, Speaker, Members of the House. I'd like to take this opportunity to recognize a seven-member City Colleges of Chicago Academic team made up of freshman and sophomores from Richard J (sic-Daley) College and Harold Washington College, Harry Truman College and Wilbur Wright College. They won their first… they won first place in an elimination round competition against seven (7) other colleges in Know Your Own Heritage, Hispanic Heritage, Hispanic College Quiz Bowl on April 4, 2008. So, I'd like to take this opportunity to congratulate them, them and their faculty and coaches from the colleges. Can we give them a warm round of applause and a loud one." 09500274.doc 52  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Congratulations, City Colleges, we're proud of you. The Chair recognizes the Gentleman from Cook, for what purpose do you seek recognition, Representative Miller?"

"Point of per… a point of personal privilege."

"Please proceed."

"I would just like to echo what Representative Soto said. You know, we talk about the City Colleges of Chicago and in some regards some of them… some of the students get a bad light. But clearly, we have some of the more outstanding students who have exemplified leadership. And as chairman of Higher Education Appropriation, I want to acknowledge them and to make sure that they continue to do the right thing and keep moving forward. Thank you."

"All right, Ladies and Gentlemen, continuing with Third Readings, on top of page 46, Representative Hernandez, you have Senate Bill 2348. Read the Bill, Mr. Clerk."

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

"Thank you, Speaker and Members of the House. Senate Bill 2394 is actually the same as House Bill 5259 that passed out unanimously. The Bill provides a rate in…"

"Representative, if I can interrupt, this is Senate Bill 2348. I think you made a reference to a different Bill. Do you have that file or do you want to take this Bill out of the record? Senate Bill 2348." 09500274.doc 53  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Let me just… can you give me just a second?"

"Mr. Clerk, we'll take this Bill out of the record. On page 46 of the Calendar, Senate… Representative Mathias, you have Senate Bill 2382. Out of the record. Representative John Bradley, you have Senate Bill 2391. Representative Bradley. Read the Bill, Mr. Clerk."

"Chair recognizes the Gentleman from Williamson, Representative John Bradley." Bradley, J.: "All this Bill does is allows IDOT to furnish copies of written motor vehicle accident reports to local agencies. And this was an initiative of the Illinois Association of County Engineers. I know of no opposition."

"Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative John Fritchey."

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

"Sponsor yields."

"Representative, I… I'm just curious because… my… my understanding is part of the reason why those reports aren't previously made available is just out of really confidentiality and privacy of the individuals involved. So, why would we want to deviate from that in order to let these things be available to any agency that conducts studies or research?" Bradley, J.: "I… I guess…"

"I mean, you… you get what I'm asking, John." Bradley, J.: "I guess, it's loud in here, I couldn't hear your question." 09500274.doc 54  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"I'm sorry. There… there's privacy and confidentiality issues involved with the release of traffic reports and that's why right now, there are pretty strict limitations on who those reports can be released to. So, right now, it's saying that IDOT can furnish these reports to local agencies that conduct safety research and studies. So, do they have discretion… well, (a) I guess, why do we want to erode those privacy rights, (b) can IDOT pick and choose who to release it to or who not to? Or that they must release it to these individuals? I…" Bradley, J.: "Well, it's my understanding that this would be an attempt by local communities to try to improve the safety improvement needs to be used for that purpose."

"But… and I apologize, John, for not hav… not having read the Bill. So, it says that the department… oh, you know, now that I look at it, it says the department can already release these to federal and state agencies that do this." Bradley, J.: "They already have an… they already have an exception that they can release them…"

"For research purposes. So, this is…" Bradley, J.: "…federal… for federal. And this would allow locals to do that."

"So, this just takes the research exception and…" Bradley, J.: "Yeah."

"…extends it to local agencies as well?" Bradley, J.: "Yeah."

"Never mind. Thank you." 09500274.doc 55  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

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

"Sponsor yields."

"Representative Bradley to close." Bradley, J.: "Ask for an 'aye' vote."

"Question is, 'Should Senate Bill 2391 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mike Smith, for what purpose do you seek recognition, Representative?"

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

"Please proceed, Mike."

"In the gallery here to my left, I would like to introduce members of the Lewistown High School Tube Band who entertained us in the rotunda. Hopefully, many of you got to hear their unique music. They won an innovation award from the AARP and they're here today entertaining us in the rotunda. Please give them a warm welcome." 09500274.doc 57  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Thanks for coming down. Enjoy your day. Mr. Clerk, on page 46 of the Calendar, Representative Hernandez has Senate Bill 2394. Read the Bill, Mr. Clerk."

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

"Thank you, Speaker and Members of the House. This is the correct Bill. Senate Bill 2394 is an Illinois Association of Rehabilitation Facilities initiative. This Bill is the same Bill as House Bill 5259 that passed out unanimously. The Bill provides a rate increase for the ICFs and DDs and Community-Integrated Living Arrangements in any calendar year in which there is a cost-of-living increase in the federal SSI benefits or the SSA Admin… payments. This increases… these increases shall be awarded as an increase in the Medicaid per diem rate paid to those facilities. I ask, once again, for your favorable vote."

"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2394 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? George Scully. Mr. Clerk, take the record. On this Bill, there is 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 46 of the Calendar, Representative David Reis has Senate Bill 2562. Representative Reis, 2562… Senate Bill 2562? Out of the 09500274.doc 58  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 record. Representative Dave Winters, you have Senate Bill 2632. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Chair recognizes the Gentleman from Winnebago, Representative Dave Winters."

"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2632 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Scully, you seem to be having problems with your switch. We'll try to get a technician over there. Representative Franks. Mr. Clerk… Representative Franks. Mr. Clerk, take the record. On this Bill there are 112 Members voting 'yes, 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the bottom of page 46, Representative Al Riley has Senate Bill 2677. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Cook, Representative Al Riley."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2677 essentially modifies the notice procedures for municipal annexations that don't require voter approval. Specifically, in this case, giving a greater notice to unincorporated areas about the municipality's intention to annex them. I'll answer any questions that you may have."

"Is there any discussion? The Chair recognizes the Gentleman from Kane, Representative Tim Schmitz."

"Sponsor yields."

"I did see… yeah, there are two (2) House Amendments to this… to this Bill. But I didn't get the impression that they were adopted."

"I… I couldn't tell you that."

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

"Well, I…"

"…to be honest with you… no. Well, not from my perspective. To be honest with you, I thought they were in fact put on. At the reading of this Bill, there would… it would have been clearly stated that there were Amendments. Actually, there's another Amendment, too, also that has to deal with abandoned property. So…"

"Representative Riley…"

"Let… let me… let me do this. Let me take it out of the record just to see what's… what's happening with these. I would like to move this Bill. The underlying Bill is extremely important."

"Representative Riley, we'll take the Bill out of the record. We'll get it squared away with the Clerk. And if need be we can get back to it or take it back to Second Reading, whatever your preference is. Take that Bill out of the record, Mr. Clerk. Mr. Clerk, and on top of page 47, Representative Julie Hamos has Senate Bill 2696. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker, Ladies and Gentlemen. Senate Bill 2696 is an initiative of the Illinois Association of Nurse Anesthetists. These are more than thirteen hundred (1,300) nurses who work in operating rooms and other health care facilities where patients are provided anesthesia during surgical procedure. This Bill does really only one thing. And it provides for the licensure grandfathering for nurse… this one nursing specialty to a limited class of nurses who have been successfully practicing, but they do not have a masters degree only because such program was either not previously required or offered at the time they earned their accreditation. There is no opposition to this. It might have been done last year as part of the renewal of the Nurses… Nurse Practice Act, but it did not get done at that time. And this is basically catching up to that. I'm avail…"

"Is there any discussion? The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."

"Thank you. An inquiry of the Chair? Has House Amendment #1 be adopted?"

"Okay. So, this would have the rulemaking prohibition language? I'll… I'm sorry, a question of the Sponsor. Amendment #1, then, Representative, that has the rulemaking prohibition language?"

"Yes, it does."

"That's… just wanted to make sure we were…" 09500274.doc 62  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Are you the rulemaking patrol?"

"…doing it right. Pardon me?"

"Are you the rulemaking patrol?"

"Well, I'd hate to… I can't answer that at this time. I'll… thank you."

"Representative Hamos to close."

"Thank you, again, Ladies and Gentlemen. This… the prior Illinois grandfathering provision expired in 2006 and this Bill merely reinserts it. These are important… this is an important specialty of nurses and I seek your 'aye' vote."

Speaker Lyons: "The question is, 'Should Senate Bill 2696 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Mendoza has Senate Bill 2509. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, Senate Bill 2509 adds the offenses for which evidence of a defendant's prior conduct may be admitted in a trial. The new offenses include child pornography, aggravated child pornography, first and second degree 09500274.doc 63  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 murder involving sexual penetration or sexual conduct. Just to update everybody, currently we do allow for evidence of prior conduct to be admitted if it deals with predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, criminal sexual abuse and battery or aggravated battery involving sexual penetration or sexual conduct. We're not creating a new category here. We're simply adding a few more very serious, serious offenses to be allow… admissible as evidence of a defendant's prior conduct. Senate Bill 2509 also expands a hearsay exception to include any sex offense which would require the offender to register as a sexual offender or predator upon conviction. I think I've spoken to most of the Members about this Bill and many of you are cosponsoring it. I would simply ask you for your support through an 'aye' vote. Thank you. Be happy to answer any question."

"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2509 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Biggins. Mr. Clerk, take the record. On this Bill, there are 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Sid Mathias, on Third- Reading Senate Bills, you have Senate Bill 2713. Read the Bill, Mr. Clerk." 09500274.doc 64  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"The Chair recognizes the Gentleman from Lake, Representative Sid Mathias."

"Is there any discussion? The Chair recognizes the Gentleman from Kane, Representative Tim Schmitz."

"Sponsor yields."

Speaker Lyons: "The Chair recognizes the Lady from DuPage, Representative Patti Bellock."

"Representative Mathias to close."

Speaker Lyons: "The question is, 'Should Senate Bill 2713 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Harris. Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes, 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Sid, don't sit down, you all also have… Mr. Clerk, on page 47 of the Calendar, Senate Bill 2785. Read the Bill, Mr. Clerk." 09500274.doc 67  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"The Gentleman from Lake, Representative Sid Mathias."

"Is there any discussion? The Chair recognizes the Lady from Grundy, Representative Careen Gordon."

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

"Sponsor yields."

"So, Representative, if someone is found not guilty by reason of insanity and they're committed to an institution, whether it be down south or up at the Elgin Mental Health Center, when that person is then released from Elgin, for 09500274.doc 68  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 example, the victim of their crime will be notified? Is that what this is?"

"Well, if… if the person is receive… at that point they're receiving mental health services. And… and so, is there a problem with… with HIPAA laws and any type of privacy rights of the person who would be receiving the mental health services and whether or not this victim now knows when those services are no longer going to be received by the person upon who the crime was perpetrated?"

"Right. But if they're in a… in a mental institution because they were found not guilty by reason on insanity, it's… it's not necessarily the exact type of counseling or services that they were receiving but the simple fact that they were receiving mental health services, which… which does fall under health services and health care. So, is there any… any type of, in your opinion or in any of the 09500274.doc 69  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 discussions that you've had with any of these people, any type of problems with the privacy laws for the person who was receiving those services?"

"And I… I'm… I'm… I'm asking 'cause I honestly want to know, Representative."

"I mean, I'm not here to cause problems."

"I just truly want to know because I… I don't want… I would rather have the person, obviously, the victim, know what's going on, but I also want to be very careful when dealing with someone who's been through a mental health… whose been through an inpatient mental health care service situation."

"But there's a big difference between the Department of Human Services and the Department of Corrections…"

"…in this situation versus a situation like a sexually violent person or a sexually dangerous person. And so, those are two (2) different situations that we're… that we're discussing…"

"…when it comes to something like this."

"Will… will you pull it out of the record for about 5 minutes just so that we can talk about it? Do you mind?"

"Okay. Thank you."

"Representative Mathias to close."

"Want to take it out of the record?"

"At request of the Sponsor, we'll take that Bill out of the record. Ladies and Gentlemen, I'm going to be moving on: on page 47, on Senate Bills-Second Reading. So if you care to follow, we'll be starting on page 47 and move through the Calendar to see which can be moved to Third Reading and those that have Amendments that need to be adopted. So… Mr. Clerk, what's the status of Senate Bill 1887?"

"Representative Gordon, what's your pleasure on this Bill? Move that Bill to Third Reading. Representative Bob Rita, on the bottom of page 47, you have Senate Bill 1929. Out of the record. Representative Dan Reitz, you have Senate Bill 1927. What's the status of that Bill, Mr. Clerk?" 09500274.doc 71  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

Speaker Lyons: "Third Reading. Mr. Clerk, Representative D'Amico has Senate Bill 993. What's the status of the Bill, Mr. Clerk?"

"Third Reading. Mr. Clerk, on the top of page 48, Representative Elaine Nekritz has Senate Bill 1930. Read the Bill, Mr. Clerk."

"Third Reading. Representative Dan Reitz, you have Senate Bill 1945. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Jack McGuire, you have Senate Bill 1975. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Mr. Clerk, Representative Pat Verschoore has Senate Bill 1984. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Mr. Clerk, on the top of page 49, Representative Sid Mathias, you have Senate Bill 2023. Read the Bill, Mr. Clerk."

"Third Reading. Mr. Clerk, on page 49 of the Calendar, Representative David Leitch has Senate Bill 2033. What's the status of that Bill, Mr. Clerk?"

"At the request of the Sponsor, we'll leave that Bill on Second Reading. Mr. Clerk, on page 49 of the Calendar, Representative Patti Bellock has Senate Bill 2044. What's the status of the Bill, Mr. Clerk?"

"Third Reading. Mr. Clerk, on page 49 of the Calendar, Representative Connie Howard has Senate Bill 2053. Read the Bill, Mr. Clerk."

"Third Reading. Mr. Clerk, on page 49 of the Calendar, Representative David Leitch has Senate Bill 2071. What's the status of the Bill, Mr. Clerk?"

"Third Reading. Representative Leitch you also have Senate Bill 2077. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Lou Lang, you have Senate Bill 2080. What's the status of that Bill, Mr. Clerk?"

"Representative Lang, move that Bill to Third Reading? Third Reading. On top of the page 50, on Senate Bills Second Reading, Representative Elaine Nekritz, you have Senate Bill 2128. Out of the record. Representative Dunkin. Representative Dunkin on the floor? No. 09500274.doc 74  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 Representative Dan Beiser? Mr. Clerk, on page 50 of the Calendar is Senate Bill 2162. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Sid Mathias, you have Senate Bill 2182. What's the status of that Bill, Mr. Clerk?"

"Representative Mathias, your pleasure on 2182? Third Reading. Representative Danny Reitz, you have Senate Bill 2187. What's the… what's the status of the Bill, Mr. Clerk?"

"Third Reading. Mr. Clerk, what's the status with Senate Bill 2190?"

"Third Reading. Representative Mike Bost, you have Senate Bill 2191. The status of that Bill, Mr. Clerk?" 09500274.doc 75  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Third Reading. Mr. Clerk, Representative Ramey has Senate Bill 2135. What's the status of that Bill, Mr. Clerk?"

"Out of the record. Clerk, on the top of page 51, Representative Fritchey have Senate Bill 2232. What's the status of that Bill, Mr. Clerk?"

Speaker Lyons: "John Fritchey, your pleasure on that Bill? Third Reading. Mr. Clerk, Representative Bill Mitchell has Senate Bill 2252. Status of that Bill, Mr. Clerk?"

"Representative Mitchell. Bill Mitchell. Bill Mitchell. Third Reading. Representative John Fritchey, you have Senate Bill 2256. What's the status of that Bill, Mr. Clerk?" 09500274.doc 76  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

Speaker Lyons: "Hold that Bill on Second Reading. Representative Elaine Nekritz, you have Senate Bill 2313. Out of the record. Representative Mathias, you have Senate Bill 2314. The status of that Bill, Mr. Clerk?"

"Third Reading. On page 52 of the Calendar, Mr. Clerk, Representative Chapa LaVia has Senate Bill 2353. The status of that Bill, Mr. Clerk?"

Speaker Lyons: "Third Reading. Mr. Clerk, Representative Dennis Reboletti has Senate Bill 2355. What's the status of that Bill, Mr. Clerk?"

"Third Reading. On page 52 of the Calendar, Representative Mendoza, you have Senate Bill 2401. Out of the record. Mr. Clerk, Representative Sacia has Senate Bill 2415. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Mendoza, you have Senate Bill 2461. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Mr. Clerk, Representative Roger Eddy has Senate Bill 2487. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Mr. Clerk, going back to page 49 of the Calendar, Representative McCarthy has Senate Bill 2070. What's the status of that Bill, Mr. Clerk?"

Speaker Lyons: "Third Reading. Back to page 52 of the Calendar, Ladies and Gentlemen, Representative Mike Tryon, you have Senate Bill 2501. Representative Tryon. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Lou Lang has Senate Bill 2505. What's the status of that Bill, Mr. Clerk?"

"The Chair recognizes the Gentleman from Cook on the Amendment, Representative Lou Lang."

"Thank you, Mr. Speaker. This is an agreed Amendment which clarifies the intent of the Bill. I would move adoption."

"There any discussion on the Amendment? Seeing none, all those in favor signify by saying 'yes'; those opposed say 'aye' (sic-'no'). In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Mr. Clerk, on the top of page 53, on the Order of Senate Bills-Second Reading is Senate Bill 2512. Representative Mathias. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Elaine Nekritz, you have Senate Bill 2536. The status of that Bill, Mr. Clerk?"

"Third Reading. Mr. Clerk, Beth Coulson has Senate Bill 2552. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Mr. Clerk, Representative Dan Burke has Senate Bill 2546. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Louis Arroyo, you have Senate Bill 2596. What's the status of that Bill, Mr. Clerk?"

"Third Reading? Want this… put the Bill to Third Reading… Third Reading, Mr. Clerk. Representative Julie Hamos, you have Senate Bill 2639. What's the status of that Bill, Mr. Clerk?"

Speaker Lyons: "Third Reading. Mr. Clerk, Representative Careen Gordon has Senate Bill 2674. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Mike Smith, you have Senate Bill 2676. What's the status of that Bill, Mr. Clerk?"

"Third Reading. On the top of page 54, Ladies and Gentlemen, are Senate Bills-Second Reading. Representative Chapa LaVia, you have Senate Bill 2678. Read the Bill… what's the status of that Bill, Mr. Clerk?"

"Third Reading. Sid Mathias, you have Senate Bill 2682. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Careen Gordon, you have Senate Bill 2718. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Debbie Graham, you have Senate Bill 2721. What's the status of that Bill, Mr. Clerk?"

"Representative Graham, you want that at Third Reading? Mr. Clerk, put that Bill on the Order of Third Reading. Mr. Clerk, Senate Bill 2718, on the request of the Sponsor move that Bill back to the Order of Second Reading. Mr. Clerk, on page 54 of the Calendar, Representative Al Riley has Senate Bill 2734. What's the status of that Bill, Mr. Clerk?" 09500274.doc 82  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Representative Riley, do you want to move that Bill to Third Reading? Mr. Clerk, move that Bill to the Order of Third Reading. Representative Don Moffitt, you have Senate Bill 2744. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Ed Sullivan, you have Senate Bill 2820. The status of that Bill, Mr. Clerk?"

"Third Reading. Leader Barbara Flynn Currie, you have Senate Bill 2821. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Kathy Ryg, you have Senate Bill 2824. Out of the record. Representative Mendoza, on the top of page 55, on Senate Bills-Second Reading, you have Senate Bill 2851. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Sid Mathias, you have Senate Bill 2855. What's the status of that Bill, Mr. Clerk?"

"We'll leave that Bill on the Order of Second Reading at the request of the Sponsor. Representative Mike Smith, you have Senate Bill 2864. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Barbara Flynn Currie, you have Senate Bill 2873. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Karen Yarbrough, you have Senate Bill 2707. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Black, on page 40 of the Calendar on the Order of Second Readings, you have Senate Bill 1982. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Soto, on page 48 of the Calendar, you have Senate Bill 2012. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Art Turner, on page 48 of the Calendar under Second Readings, you have Senate Bill 2015. What's the status of that Bill, Mr. Clerk?"

"The Chair recognizes the Gentleman from Cook on the Amendment, Representative Art Turner."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. Amendment #2 is strictly cleanup language for this legislation. We've heard this Bill before, we sent it over to the Senate. There is some… I'll tell you exactly. Basically, it designates the Department of Revenue as the only state agency that shall recapture any tax credits allowed under this Act. It also gives them the terms of rules under this Act, meaning those contained in Section 1 through 70 of the Illinois Administrative Procedure Act. And I move for the adoption of House Amendment 2."

"Is there any discussion on Floor Amendment #2? Seeing none, the question is, 'All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #2 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Turner on the Order of Third Readings you have Senate Bill 2657. Did you care to call that Bill, Mr. Clerk… Mr. Turner? Art? On Third Readings, you had Senate Bill 2657. You were off the floor when we were going Third Readings. If you choose to read that Bill, we will call it at this time. Ready to go? On the Order of Third Readings, there's Senate Bill 2657 on the bottom of page 46. The Chair recognizes the Gentleman from Cook, Representative Art Turner." 09500274.doc 86  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Representative Turner."

"Yeah, thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. Basically, Senate Bill 2067 (sic-Senate Bill 2657) it amends the reporting date from when the Capital Punishment Reform Study Committee is to submit its report. Currently, the report was due December 2009… no, November 2008. We want to extend that reporting period 'til December 2009. And the reason for doing this is that last year funding for the commission's study was cut and so it has delayed our progress a little. But the committee members in their dedication to this issue have continued to meet. And I do want to thank them publicly for their willingness to do so. But as a result, we're going to ask for an extension as to when the report will become due to the General Assembly. And I move for the adoption of Senate Bill 2657."

"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2657 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Acevedo. Rich Bradley. Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jack McGuire, on the bottom of page 51, on Senate Bills-Order of Second 09500274.doc 87  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 Readings, you have Senate Bill 2340. What's the status of that Bill, Mr. Clerk?"

"Third Reading. On page 51 of the Calendar, Representative John Fritchey, did you want to move Senate Bill 2256? Leave that Bill on the Order of Second Reading. Representative Turner, you have a couple of Bills on Second Reading. On page 51 of the Calendar, you have Senate Bill 2322. What's the status of that Bill, Mr. Clerk?"

"Out of the record. Art on page 52 of the Calendar, Representative Turner, you have Senate Bill 2476. What's the status of that Bill, Mr. Clerk?"

"Representative Turner on the Amendment."

"Yeah, thank you, Mr. Speaker and Ladies and Gentlemen of the House. I believe Amendment #1 is a technical Amendment and it finds a home for this commission. And I move for the adoption of Senate Amendment #1 to House Bill… I mean, to Senate Bill 2476." 09500274.doc 88  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Is there any discussion? Seeing none, all those in favor of the adoption of Amendment #1… Floor Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Ken Dunkin, on page 50 of the Calendar, under Senate Bills-Second Reading, you have Senate Bill 2160. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Ladies and Gentlemen of the House, I'll now be going to Supplemental Calendar #1. I believe everybody should have had a copy of this on their desk. And so, if you know you have a Bill on this list, please be prepared to move it to Third Reading. We'll start with House Bills-Second Reading. Representative Beaubien on House Bill 4905. What's the status of that Bill, Mr. Clerk?"

"Third Reading. Representative Bill Black, for what purpose do you seek recognition?"

"State your inquiry, Sir."

Speaker Lyons: "Thank you very much for your concern, Representative Black. I'm getting a little dry in the throat, but we have supplies here."

"So, I'll keep going."

Speaker Lyons: "Bill, we'll take that under serious consideration and get back with you."

"I'll keep it right… right close by."

"Thank you, Representative Black. Continuing on the Second Order of House Bills, on the Supplemental Calendar… Mr. Clerk what's the status of House Bill 5916?"

"Hold this Bill on the Order of Second Reading. What's the status of House Bill 5917, Mr. Clerk?"

"Hold this Bill on the Order of Second Reading. The status of House Bill 5918, Mr. Clerk?"

"Hold this Bill on the Order of Second Reading. What's the status of House Bill 5919, Mr. Clerk?"

"Hold this Bill on the Order of Second Reading. What's the status of House Bill 5920, Mr. Clerk?"

"Hold this Bill on the Order of Second Reading. What's the status of House Bill 5921, Mr. Clerk?"

"Hold this Bill on the Order of Second Reading. What's the status of House Bill 5922?"

"Hold this Bill on the Order of Second Reading. House Bill 5923, Mr. Clerk?"

"Hold this Bill on the Order of Second Reading. Continuing on the second… on the Supplemental Calendar #1, Ladies and Gentlemen, on the Order of Senate Bills-Second Reading. Is Representative Frank Mautino on the floor. Representative Bob Molaro, you have Senate Bill 878. What's the status of that Bill, Mr. Clerk?"

"Third Reading, Mr… Mr. Molaro? You wish to choose… move that Bill to Third Reading, Bob?"

"What do you suggest, Mr. Speaker?" 09500274.doc 92  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"I don't suggest. It's your Bill, whatever you want to do. We've read it a second time, do you want to move it to Third Reading?"

"No, let's keep it on Second for awhile. Let it percolate a little bit."

"Hold this Bill on the Order of Second Reading. Mr. Clerk, Representative Turner has Senate Bill 887. What's the status of that Bill, Mr. Clerk?"

Speaker Lyons: "Third Reading. On the recommendation of Representative Bill Black, Representative Art Turner in the Chair."

"Thank you, Bill. On the Order of Second Readings, we have Senate Bill 1248, Representative Flider. Read the Bill, Mr. Clerk."

Speaker Turner: "Third Reading. We have Senate Bill… Representative Gordon on House Bill… on Senate Bill 1865. 1865. Read the Bill, Mr. Clerk."

Speaker Turner: "Third Reading. Representative Saviano on Senate Bill 1869. Read the Bill, Mr. Clerk."

Speaker Turner: "Third Reading. Can I have the Members' attention? There is some question about a memorial service that we're going to have today; that will be tomorrow at 11:00. At 11:00 tomorrow we will do the memorial service. This… this is for all of the fallen soldiers, tomorrow at 11:00. Representative Saviano, we have Senate Bill 1900. Read the Bill, Mr. Clerk."

"Third Reading. Representative Ryg on Senate Bill 1920. Ryg? Read the Bill, Mr. Clerk."

"Third Reading. Representative Holbrook, we have Senate Bill 1957. Read the Bill, Mr. Clerk."

Speaker Turner: "The Bill shall remain on Second. Representative Smith on House Bill 1939… Senate Bill 1939. Read the Bill, Mr. Clerk."

"Third Reading. Representative Ryg on House… Senate Bill 2051. Read the Bill, Mr. Clerk."

"Reading… Third Reading. Representative Mendoza on Senate Bill 2198. Read the Bill, Mr. Clerk."

Speaker Turner: "Third Reading. Representative Fortner on House… Senate Bill 2327. Read the Bill, Mr. Clerk."

"Third Reading. Representative Brady on Senate Bill 2365. Read the Bill, Mr. Clerk. 2365, 2365." 09500274.doc 95  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

Speaker Turner: "Third Reading. Representative Fortner on House… Senate Bill 2379. Read the Bill, Mr. Clerk."

"Third Reading. Representative Ryg on Senate Bill 2399. Read the Bill, Mr. Clerk."

"Third Reading. We have Senate Bill 2400, Representative Ryg. Read the Bill, Mr. Clerk."

"Mr. Clerk, she wants to take… leave that Bill… shall remain on Second. Hold that Bill on Second. Representative Watson, we have Senate Bill 2407. Read the Bill, Mr. Clerk."

"Third Reading. Senate Bill 2482, Representative Eddy. Read the Bill, Mr. Clerk."

"Third Reading. Representative Joe Lyons on Senate Bill 2513. Read the Bill, Mr. Clerk."

Speaker Turner: "That Bill shall remain on Second. Representative Beiser on Senate Bill 2531. Read the Bill, Mr. Clerk."

"Reading… Third Reading. Representative Tracy on Senate Bill 2558. Read the Bill, Mr. Clerk."

"Third Reading. Representative Joyce on Senate Bill 2566. Read the Bill, Mr. Clerk." 09500274.doc 97  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Third Reading. We have Senate Bill 1979, Representative Ford. Read the Bill, Mr. Clerk."

"Third Reading. We have Senate Bill 2603, Representative Golar. Out of the record. 2685, Representative Cross, Senate Bill. Read the Bill, Mr. Clerk."

Speaker Turner: "Third Reading. Senate Bill 2687, Representative Jerry Mitchell. Read the Bill, Mr. Clerk."

"Third Reading. We have Senate Bill 2702, Representative Molaro. That Bill should remain on Second. Representative Ford on Senate Bill 2858. Read the Bill, Mr. Clerk." 09500274.doc 98  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Third Reading. Representative Howard, we have Senate Bill 2788. Read the Bill, Mr. Clerk."

Speaker Turner: "Bill shall remain on Second. Mr. Clerk, what's the status of 2858… Senate Bill 2858?"

"The Sponsor requests that the Bill be brought back to Second and held. So, the Bill will be brought back to Second. Representative Biggins on Senate Bill 2882. The record… out of the record. Mr. Clerk, 2883. Read the Bill. Senate Bill 2883."

Speaker Turner: "That Bill shall remain on Second Reading. Representative Mautino, we have Senate Bill 2017. Read the Bill, Mr. Clerk. Senate Bill 2017. 2017."

"Third Reading. We have Senate Bill 1890, Representative Colvin. Read the Bill, Mr. Clerk."

"Third Reading. Representative Chapa LaVia, we have Senate Bill 2489 on the Supplemental Calendar. Read the Bill, Mr. Clerk."

"Third Reading. On page 50 of the Calendar, we have Senate Bill 2199, Representative Feigenholtz. Read the Bill, Mr. Clerk. Page50."

"Third Reading. On page 53 of the Calendar, we have Senate Bill 2656, Representative Feigenholtz. Read the Bill, Mr. Clerk."

"Third Reading. Mr. Clerk, we have… on page 50 of the Calendar, we have Senate Bill 2227. Read the Bill, Mr. Clerk."

"Third Reading. On page 51 of the Calendar, we have Senate Bill 2338. Read the Bill, Mr. Clerk."

"Third Reading. Representative Mathias, we have Senate Bill 1881. It's on page 47 on the Calendar, Mr. Clerk. Read the Bill, Mr. Clerk."

"Third Reading. We have Senate Bill 1415. Read the Bill, Mr. Clerk."

"Third Reading. Mr. Clerk, read Senate Bill 2603. Right on the second… Supplemental Calendar." 09500274.doc 101  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008

"Third Reading. Mr. Clerk, on the Supplemental Calendar, we have Senate Bill 2326. Read the Bill."

"That Bill shall remain on Second. Mr. Clerk, on the Supplemental Calendar, we have Senate Bill 2294. Read the Bill."

"The Bill shall remain on Second. Mr. Clerk, we have Senate Bill 2336, which is also on the Supplemental Calendar. Read the Bill."

"That Bill should be held on Second. Mr. Clerk, we have Senate Bill 2882. Read the Bill."

"That Bill should remain on Second Reading. Mr. Clerk, on the regular Calendar, page 50, we have Senate Bill 2216, 2216. Read the Bill, Mr. Clerk."

"That Bill should remain on Second, Mr. Clerk. On the Order of Third Readings, we have House Bill 5668. Representative Lang. Read the Bill, Mr. Clerk."

"Thank you, Mr. Speaker, Ladies and Gentlemen. This is a Bill that we voted on previously and there was some concern about some of the provisions of the Bill which we changed. And so, this is the Bill that would provide for the Department of Human Rights to charge a fee to prospective folks, businesses that want to do contracting and be vendors of the State of Illinois. The department is obligated to do an investigation, a background investigation, to determine whether they're in compliance with our laws of the State of Illinois relative to discrimination. The two (2) main concerns when we voted on this previously were, (1) that there be a cap on the fee and so we put a cap of seventy-five dollars ($75) on the fee. The second concern was that the Governor's Office not be able to sweep these funds, so we put that provision in 09500274.doc 103  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 the Bill as well. There's been a good faith effort here to deal with the concerns that Members of the House had. It's an important piece of legislation to enable the department to do their job. I know we all believe in the work of the Department of Human Rights. And I would ask your support for this important legislation."

"Seeing no questions, the question is, 'Shall the House pass House Bill 5668?' 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? Fortner. Black. The Clerk shall take the record. On this question, there are 60 voting 'aye', 52 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 49 of the Calendar, we have Senate Bill 2031. Read the Bill, Mr. Clerk."

"That Bill should remain on Second Reading. Hold on. Representative Lyons on Amendment #1."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the General Assembly. I… Amendment #1 is the former House Bill 5961, Ladies and Gentlemen, which exempts the pay telephone industry from the 9-1-1 surcharge. We sent this over to the Senate as House Bill 5961, 109-0. I'd appreciate your continued support to try to get this help for an industry 09500274.doc 104  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 that is in dire need of our help. And I ask for the approval of Amendment #1."

"Representative Lyons moves for the adoption of Amendment #1 to Senate Bill 2031. 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. Mr. Clerk… Mr. Clerk… Clerk, what's the status of Senate Bill 2031?"

"The Sponsor asks leave to bring the Bill back to Second. The Bill should remain on Second. On page 67, under the Order of Resolutions, Representative Dugan, we have House Resolution 1295. The Lady from Kankakee, Representative Dugan."

"Thank you, Speaker. This Resolution is to address a concern that was brought to me by a constituent and it asks the Auditor General to do an audit of the Medicaid HFS/DHS system. It seems as though when income is taken into play to determine what a spouse may pay for the care of a loved one in the nursing home through the Medicaid system, it seems as though that financial… the look into the financial was done incorrectly. In fact, it was found for the last three (3) years… the financial part of what the spouse was to pay, they were overcharged for three (3) years. And I've tried to work with the department to try to get some answers to make sure as to how many seniors and people are 09500274.doc 105  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 out there that are overcharged by the State of Illinois for their share of the nursing home care and I haven't been able to seem to get an… an answer. So, this Resolution will just direct the Auditor General to do the audit for us so we can get the answers to see how many people may have been negatively impacted by this miscalculation. I'll answer any questions."

"Seeing no questions, the question is, 'Shall the House pass House Resolution 1295?' The question is, 'Shall the House pass House Resolution 1295?' 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, 112 voting 'aye', 0 'noes', 0 'presents'. And this Resolution, having received the Constitutional Majority, is hereby declared passed. Representative Reis, we have SJR 77. The Gentleman from Jasper, Representative Reis."

"Seeing no questions, the question is, 'Shall the House pass SJR 77?' 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, 111 09500274.doc 106  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 voting 'aye', 1 'no', 0 'presents'. And this Bill (sic- Resolution), having received the Constitutional Majority, is hereby declared passed. This Resolution is hereby declared passed. Mr. Clerk, we have HJR 88, Representative Tracy. Representative Tracy, I understand there's a Floor Amendment to this Resolution? And we will recognize you for Amendment #1."

"The Lady asks for the adoption of Amendment #1 to House Joint Resolution 88. 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. And on the Resolution, Representative Tracy."

"Seeing no questions, the question is, 'Shall the House pass House Joint Resolution 88?' All those in 09500274.doc 107  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 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. And on this question, there are 112 voting 'aye', 0 'noes', 0 'presents'. And this Resolution, having received the Constitutional Majority, is hereby adopted. Mr. Clerk, Agreed Resolutions."

"Representative Lang 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 Resolutions are adopted. Committee announcements, Mr. Clerk?"

"Before we adjourn for the day, I want to remind the Members that at 10:50… 10:50 tomorrow morning we'd like all of those Members are participating in the memorial service for the fallen soldiers, they should be in their seats by ten to eleven. In the meantime, memorial service will start at 11:00, as well as the House going into a Session. So, those Members who are participating in the memorial service reading the name of a soldier should be here before 11:00. The rest of the Members should be here at 11 and with that in mind, Representative Currie says allowing perfunctory time for the Clerk, that the House stands adjourned 'til May 29 at the hour of 11 a.m., May 29, at the hour of 11 a.m. We will start the memorial service promptly at 11. So, those Members who are reading a name should be here before 11. And the House now stands adjourned until tomorrow, May 29, at the hour of 11 a.m. Representative Colvin?"

"Thank… thank you, Mr. Speaker. I just rise for a personal note. I did want to take a moment to remind everyone here in the Capitol that the Black and Latino Caucuses are once again hosting our end of session party, or should I call it the alleged end of session party, over at 614 South College, which is right across the street from the Automobile Dealers Association, which is cattycorner to Boones Salon. I think the festivities get started sometime 09500274.doc 109  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 274th Legislative Day 5/28/2008 after 6 p.m. There's going to be plenty of food: barbeque, Spanish food, Soul food. We're providing everything except the Pepto Bismol. So, please, make your way over and enjoy an evening at the end of session party with the Black and Latino Caucus. Thank you."