Illinois House Floor Debate — May 29, 2008

"Thank you, Mr. Speaker. Representative Will Davis and Representative Harry Osterman are excused today." 09500275.doc 1  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Speaker Lyons, J.: "Representative Bost on Republicans."

"Never mind, Mr. Speaker." Speaker Lyons, J.: "Ladies and Gentlemen, it's my privilege and my honor to once again be in the Chair to preside over the memorial service for those men and women who have paid the ultimate price and passed away in defense of our country. And we will ask Members to please take their seats. We'll start with the ceremony and we'll be honored today with the Chair… chamber Major General William Enyart, Adjutant General of the National Guard, State of Illinois and Illinois Army National Guard." Harrison (Color Guard): "Soldiers post. Colors forward" Speaker Lyons, J.: "Mr. Clerk, read the Resolution."

"Sergeant Nicholas R. Walsh, United States Marine Corps, Millstadt. Killed in action May 26, 2007." Speaker Lyons, J.: "Representative Naomi Jakobsson."

"Private First Class Robert A. Liggett, United States Army, Urbana. Killed in action May 29, 2007." Speaker Lyons, J.: "Specialist Jeremiah D. Costello, United States Army, Carlinville. Killed in action June 2, 2007. Representative Renée Kosel."

"Private First Class Michael P. Pittman, United States Army, Rock Island. Killed in action June 15, 2007." Speaker Lyons, J.: "Representative Rich Myers."

"Specialist Karen N. Clifton, United States Army, Mt. Zion. Killed in action June 21, 2007." Speaker Lyons, J.: "Sergeant Eric A. Lill, United States Army, Chicago. Killed in action July 6, 2007. Representative Raymond Poe."

"Private First Class Omar E. Torres, United States Army, Chicago. Killed in action August 22, 2007." Speaker Lyons, J.: Representative JoAnne Osmond."

"Specialist Keith A. Nurnberg, United States Army, McHenry. Killed in action September 5, 2007." Speaker Lyons, J.: "Representative David Reis."

"Sergeant Rickie L. Hiatt, Jr., United States Army, Bartonville. Died October 25, 2007." Speaker Lyons, J.: "Representative Sandra Pihos."

"Master Sergeant Thomas A. Crowell, United States Air Force, O'Fallon. Killed in action November 1, 2007." Speaker Lyons, J.: "Representative Bob Flider."

"Staff Sergeant Carletta S. Davis, United States Army, Decatur. Killed in action November 5, 2007." Speaker Lyons, J.: "Representative Ruth Munson." 09500275.doc 7  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Private Dewayne L. White, United States Army, Country Club Hills. Killed in action December 4, 2007." Speaker Lyons, J.: "Representative Dave Winters."

"First Lieutenant David E. Schultz, United States Army, Blue Island. Killed in action January 31, 2008." Speaker Lyons, J.: "Representative Tom Holbrook."

"Specialist Matthew F. Straughter, United States Army, Belleville. Killed in action January 31, 2008." Speaker Lyons, J.: "Representative Frank Mautino."

"Staff Sergeant Julianna Gehant, United States Army, Mendota. Died February 14, 2008." Speaker Lyons, J.: "Representative Lou Lang."

"Corporal Albert Bitton, United States Army, Chicago. Killed in action February 20, 2008." Speaker Lyons, J.: "Representative Susana Mendoza."

"Senior Airman Blanca A. Luna, United States Air Force, Chicago. Died March 7, 2008." Speaker Lyons, J.: "Representative Bill Mitchell." Mitchell, B.: "Staff Sergeant John Easton [sic-Gaston], United States Army, Waynesville. Died March 8, 2008." Speaker Lyons, J.: "Representative Linda Chapa LaVia."

"Corporal Scott Biesterfeld, United States Marine Corps, Aurora. Died March 30, 2008." Speaker Lyons, J.: "Representative Mike Smith."

"Staff Sergeant Keith 'Matt' Maupin, United States Army, Bartonville. Death confirmed March 30, 2008." Speaker Lyons, J.: "Representative George Scully." 09500275.doc 9  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Private First Class Shane D. Penley, United States Army, Sauk Village, Illinois. Killed in action on April 6, 2008." Speaker Lyons, J.: "Representative Chapin Rose."

"Petty Officer First Class Cherie L. Morton, United States Navy, Rockford. Killed in action April 20, 2008." Speaker Lyons, J.: "Representative Connie Howard."

"Private First Class Howard A. Jones, Jr., United States Army, Chicago. Died May 18, 2008." Speaker Lyons, J.: "Representative Ron Wait."

"Mr… Could you pull it out? I don't have it in front of me." Speaker Lyons, J.: "Mr. Clerk, take this Bill out of the record temporarily on the request of the Sponsor. Mr. Clerk, on page 5 of the Calendar, under House Bills-Second Reading, Representative Acevedo has House Bill 2759. What's the status of the Bill, Mr. Clerk?"

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Amendment #2… House Amendment #2 (sic-#1) enhances the penalty from a Class III felony to a Class II felony for anyone who makes a false threat to any school or university. It also asks for reimbursement to law enforcement agencies that respond to a false threat. I'd be happy to answer any questions." 09500275.doc 15  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Speaker Lyons, J.: "Is there any discussion on the Floor Amendment 1? Seeing none, the Chair recognizes the Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Representative, this increases the penalty for what exactly?"

"It increases the penalty for an individual who calls in or writes a false threat to a university or any school." Davis, M.: "If they call in a false…"

"Yes… Representative, in the past month or so there's been false threats made at universities or written down in different dormitories. This past… two (2) weekends ago, there was a suburban high school that had a senior prom and someone called in a false threat and fifty (50) policemen had to work overtime to search every individual that came into that party." Davis, M.: "Yeah, I know. And one of them closed Saint Xavier…"

"Right." Davis, M.: "…and then all the elementary schools in the neighborhood. But exactly what is the penalty? What will the penalty be after your Bill passes?"

"It goes from a Class III penalty to a Class II penalty, Representative." Davis, M.: "And what does that entail? I mean, what'll happen to…"

"Instead of two (2) to five (5) years, it enhances it to three (3) to seven (7) years." Davis, M.: "Okay. Thank you very much for your answer. Thank you." 09500275.doc 16  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"It's only for firearms and bombs." Speaker Lyons, J.: "Seeing no further questions, all those in favor of the adoption of the Amendment 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?"

"Thank you, Mr. Speaker, Members of the House. This third Amendment is a gut and replace Amendment to become the Bill. The Amendment will permit the Secretary of State to provide information to the medical examiner and the coroner as to whether an individual on an organ or tissue donor registry. Currently, medical examiners and coroners cannot ask for this information, nor can the Secretary of State give this information to them. Currently, law… only federal organ procurement agencies and tissue banks receive this information from the Secretary of State." 09500275.doc 17  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Speaker Lyons, J.: "Representative Arroyo, is it also your intention to withdraw Amendment #1 and adopt this Amendment? Is that correct?"

"Yes." Speaker Lyons, J.: "The Gentleman makes a Motion to withdraw Amendment number… Amendment #1, Mr. Clerk? Amendment #1. All those in favor of his Motion signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 is withdrawn. On Amendment #2, is there any discussion? Amendment #3, is there any discussion, which was just presented? Then all those in favor of its adoption 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?"

"I also wanted to take out Amendment 2 out of the Bill. Okay. This is a gut and replace Bill classification… no, this is… Could you pull it back out for a minute, Joe?" Speaker Lyons, J.: "We'll take this Bill out of the record at request of the Sponsor. Mr. Clerk, on page 44 of the Calendar, under House Bills-Third Reading, Representative Mark Beaubien has House Bill 4905. Read the Bill, Mr. Clerk.” 09500275.doc 18  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Thank you, Mr. Speaker. Senate Bill 887 is similar to a Bill that we passed out of here a couple weeks ago; it was House Bill 2248. And basically, what it does is it makes a technical correction in the Home and Health Services Act that we passed in… went into effect in 2006. It changes the term from home health aid services provided under the direction of a registered professional nurse or advanced practiced nurse. And I move for the adoption of this legislation." Speaker Lyons, J.: "Any discussion? The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"That's correct."

"No, it doesn't. It doesn't have the rulemaking Amendment."

"That's correct."

"It was a re-examination, Representative."

"That happens around here." 09500275.doc 20  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"That's correct, Representative."

"I just move simply for the adoption of Senate Bill 887." Speaker Lyons, J.: "All those in favor of the passage of Senate Bill 887 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… Karen May… take the record. On this Bill, there’s 113 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative D’Amico, you have Senate Bill 993. Read the Bill, Mr. Clerk."

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields."

"Representative, right now is there a requirement for continuing medical education for practicing physicians in the State of Illinois?"

"And would this individual have to have the continuing medical education as well or would this individual be exempt?"

"Couldn't we… would it be better if he's going to be practicing here in Illinois for an extended period and you're trying to give him the same rights and privileges of the other physicians here in Illinois that he also have to do his continuing medical education like the other doctors?"

"Oh, okay."

"Okay. That's a very good answer. Perhaps he can get credit then for teaching like they do for the legal education. Thank you." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Peoria, Representative David Leitch." 09500275.doc 23  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Thank you, Mr. Speaker. Senate Bill 1881 came out of a proposal from a state's attorney from Madison County and so, Senator Haine picked up the proposal. Basically, it would amend the Criminal Code two (2) ways. It would expand offenses for which bail may be denied to include making or attempting to make a terrorist threat. The state's attorney said there's a little loophole here. And secondly, it would add making or attempting to commit… commit and make a terrorist threat to the list of offenses for which a hundred percent bail may be required. The state's attorneys support this. I'm not aware of any opposition. I'd be happy to answer questions." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."

"Representative, as I heard the story from Madison County, and that's where this came from, a car was confiscated and when police were inventorying it, they found a note and some materials suggesting that individual intended to, you know, make a terrorist threat. And… so 09500275.doc 25  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 that… and then they realized they couldn't hold him and he was able to bond out. And they're trying to prevent somebody who might constitute a real threat to the public from getting out on, you know, 10 percent bail."

"You know and I think that's a legitimate concern. What we’re going to require, though, the judge… the court has to determine that releasing the defendant on bail would pose a real and present threat to public safety."

"True. I believe… now, I'm not an attorney either, Representative, but I believe you can appeal a judge's decision on bail."

"Yes, Sir."

"Thank you." Speaker Lyons, J.: "The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."

"Well, you know, I… I… maybe we should make some other changes, but in this case there's a couple of things. One, the judge may give bail, but just require a hundred percent of the amount of bail to be deposited rather than 10 percent. So, that would be another way to address that problem if they thought it was a problem. But in addition, 09500275.doc 27  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 if somebody's threatening, you know, to bomb a building, for example, they're threatening, you know, potentially scores or hundreds of people. Where somebody else may have killed a loved one and is not… may not be threatening mass destruction."

"Yeah. We're not changing any other rights that people have to due process and to appeal a judge's ruling. So, they’d still have whatever due process rights that already exist."

"The… down in Madison County police had inventoried a car and they found a threat… a written threat in the car and they found other evidence that led them to believe this individual intended to perpetrate this threat of, you know, some serious destruction. And so they charged the individual; he was able to bond out on 10 percent bail. And so, that was the particular circumstance the state's attorneys are trying to address."

"But this doesn't require a judge to deny bond. It… and it does expand the charges where you can require a hundred percent of bond to be put up. So, it's… it just adds to the list of offenses for which bail may be denied. It doesn't tie the judge's hands and force him to do it, the way I read it."

"You know, not being an attorney, it's difficult for me to answer that other than to say that we're requiring the court to determine that the release of the defendant would pose a real and present threat to physical safety of the community."

"Yes. That's right, there will be."

"Well, we're not changing the section of statute that says somebody currently charged with a capital offense that for which they can be sentenced to life. It says, 'Shall not be bailable until a hearing is held, wherein such person has the burden of demonstrating that the proof of his guilt is not evident and the presumption is not great.' That existing section of the law, we don't change. It would now simply apply to people accused of making or threat… attempting to make a terrorist threat."

"Well, I'm just reading from the existing statute that the defendant has a right to… and bail shall not be 09500275.doc 31  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 denied until a hearing is held wherein the defendant has the burden of demonstrating the proof of his guilt is not evident and the presumption is not great. So, whatever currently exists would apply. You know, hey, if you don't understand the current statute…"

"you know, I can understand."

"Whatever the rights currently exist for those persons charged with other offenses that are nonbailable. I'm not changing whatever due process hearing rights people have. Currently, the offenses for which a sentence of life may be imposed or stalking or aggravated stalking, they can be denied bail. Unlawful use of weapons on school property, they can be denied bail. The same rights those categories oft people have, this category would. We're just expanding, adding an offense or two (2) regarding terrorist threats." 09500275.doc 32  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Yes."

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields."

"This is a very interesting argument, especially for a nonlawyer. Does the Federal Constitution guarantee the right to bail, Representative?"

"Not… I don't think it's an absolute right. There is a right, but like all of our rights in the Constitution there are some regulations that are… the courts have found permissible."

"So, you're saying you're not sure or…"

"No, I mean, if it were unconstitutional then, it would currently be illegal to deny bail for people accused of murder, people accused of stalking, people accused of unlawful use of weapons. These are laws already on the books."

"For the 100 percent bail requirement?"

"Yes. Yes."

"Okay. Thank you." 09500275.doc 33  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Bob Molaro."

"Obviously, whenever you're denying bail where that's… you know, we should tread slowly. Now, in this state from my viewpoint… unfortunately, we've picked about four (4) or five (5) crimes that says the judge can't give bail even if he wanted to. There's a couple there we say he doesn't approve bail and I will admit this it does say, 'Where the court after a hearing determines the release of the defendant would pose a real and present threat to the physical safety of any person or persons that were threatened.' Now that… whether I like it or not, that seems to make sense to me. So someone for aggravated stalking, aggravated kidnapping, or attempted murder or in this case, attempted terrorist threats or terrorist threats. The judge is going to say, well, we're going to deny bail, but I still have to hold a hearing to make sure that when I'm denying bail… and remember this is a person who's just arrested. He's been convicted of nothing. So, he should go home. We're going to say we're going to deny bail and you're saying we're going to deny it, like, but yet, we're going to have to hold a hearing. Now that makes sense. And that's what you are saying, there will be a hearing."

"Yes. Yes."

"And at that hearing the judge has to determine that if he were to let this guy go, there would be a real and imminent danger that he's going to go after the victim that he was just arrested for stalking or threatening." 09500275.doc 34  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"That's right. And that the proof has to evident and the presumption great that he is, in fact, guilty."

"Well, you know, and that makes sense. I don't want to get personal, but naturally, if someone were to threaten one of us and then they get it and the judge says, yeah, we're going to hold a hearing and I think if I let this guy out, he's going to go on that threat and maybe, you know, go actually hurt you. Now, maybe some people would like to see him out, I wouldn't. I want to make sure he doesn't do that to you. But that was a joke, by the way. I don't know if you got it. But anyway, that… that certainly makes sense. As to the hearing, by the way… and I know the other Representative from Cook who just sat down, he said he's done bail hearings. I've done bail hearings, obviously, on the other side, trying to get people out on bail. And most hearings they don't even have a live person testify. Actually, all they do is have the state's attorney get up there and say whether he'd jumped bail or not and read off the police report how bad the crime that he allegedly committed. I'm assuming since it's pretty open and says a hearing, the judge could determine how many witnesses, how far a field he wants it to go, whether or not, you know, he's going to allow certain things. And the judge will make that determination. And just like in post bond hearings, it's probably not going to go too far. So, whether I like it or not, it sure seems like it's the public policy of Illinois to deny bail under certain circumstances. You're just adding one, but you are allowing a hearing to take place.” 09500275.doc 35  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

“Yeah.”

“So it seems that it's pretty well safeguarded. So I will vote 'yes' on your Bill and I think it's a good one."

"Thank you." Speaker Lyons, J.: "The Chair recognizes the Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Chairman. Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields." Davis, M.: "Thank you… How did this Bill get out of Rules over in the Senate?"

"Well, Senator Haine had it in the Senate and it not only got out, but as I recall, I think, this… it may have passed unanimously or nearly so." Davis, M.: "Okay. I just find it kind of peculiar…"

"It was unanimous." Davis, M.: "…that their Bills get out of Rules. Our Bills don't get out of Rules over there. Our Bills in the Senate do not get out of the Rules Committee. I just want to make that point. I'm really concerned, Representative, when we take away the rights of any group of people because I belong to a group who often has rights taken away unjustly and unfairly. One of the reasons for bail is to give the person an opportunity to help to defend him or herself. I'm accused of a crime; there is not absolute proof. I'm accorded bail to make sure I return to court, but as Representative Molaro stated, if I have not committed an act that presents an imminent danger to myself or another person then I'm granted bail. Now, we know that this administration in Washington has done a good job of 09500275.doc 36  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 instilling great fear in all of us. Great fear, the terrorists are coming. They're coming back. And the reasons for the promotion of that great fear is to continue in some things in other countries that shouldn't be. I won't go into all that, but I do want to say if a person has a note in their car with a threat to someone, maybe someone else put it there. Maybe it's not even their writing."

"That's true." Davis, M.: "Public defenders are overwrought with defending people and many times innocent people are incarcerated because they had poor defense. Now, what you want to do is stop the action of any terrorist. Is that correct?"

"That's right. But a judge has to find that the evidence of guilt is great. And there’s a strong presumption the person actually did it and that person's release would create a threat to other people." Davis, M.: "But that's subjective. That's very subjective what the judge finds as presumption of guilt. It's really subjective."

"Well, it's higher than most." Davis, M.: "So for the… but for the court you should have almost concrete proof. And God forbid this person doesn't speak English. Suppose they speak another language?"

"This person will still have a trial. This person will still have the right to counsel." Davis, M.: "I know."

"We're not diminishing that." 09500275.doc 37  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Davis, M.: "But… but I… I understand. But what opportunity have they had to work toward their defense? What opportunity have they had? You know, we've had cases… now, you know we've had cases, where the individual was suffering from mental illness, there was a mentally ill person. How would you deal with that?"

"Well, if that person has threatened others and then we probably don't want that person released in that condition anyway when they're still a danger. And the judge would have to determine that there's a, you know, high presumption that they are before he could either deny bail or require them to post a hundred percent of bail." Davis, M.: "If I had… if I'm a kidnapper and I kidnap someone and I'm caught. Can I get bail?"

"Yes." Davis, M.: "I can get bail when I'm a kidnapper?"

"Unless it's a class… if it's a Class X felony then the court does have discretion to require…" Speaker Lyons, J.: "Representative Davis, your 5 minutes has… is used up. He'll answer the question and then we'll conclude this series of questions. Go ahead, Representative Froehlich, finish your answer."

"Yeah. The court does have the discretion to require a hundred percent of bail for a Class X felony for… under certain drug offenses. And remember, we're not talking about somebody threatening one person. A terrorist threat implies you're threatening the community. And that's one difference between that and kid… attempted kidnapping of one person." 09500275.doc 38  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Speaker Lyons, J.: "The Chair recognizes the Gentleman from Winnebago, Representative Jim Sacia."

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields."

"Thank you. Representative Froehlich, I'm looking at the actual language of the Bill and on, I guess, lines… what you added were lines 10 through 16. And it says, 'or making a terrorist threat in violation of the actual section of the code, where the court after a hearing determines that the release of the defendant would… after a hearing determines that the release of the defendant would pose a real and present threat to the physical safety of any person and denial of bail is necessary to prevent fulfillment of that threat.’ Do you know what the actual purpose of a bail hearing is? Just off the top of your head, do you know what the purpose of a bail hearing is?"

"I think you want to know whether the defendant will appear at the trial."

"Exactly. Whether or not a defendant is going to appear at a trial. So whether or not they're going to 09500275.doc 39  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 return to court is a determination that the judge takes into consideration when setting bail. Their criminal history, they take that into consideration. How far… if there's a family or some type of network that they have to… that is going to bring them to court, the age of the person, the type of, I guess, threat that brings them, you know, to this person, but what you're asking the judge to do at a bail hearing is to make a determination of whether or not a real and present threat to the physical safety of any person is there. Is that correct? That's correct, right?"

"Yes. And we already do that…"

"Now, you're also aware… but wait a… but you're also aware at the bail hearing the defense… and I hate sounding like Representative Molaro when I ask you this. But you're also aware that at the bail hearing, the defense has absolutely no access to any discovery at all, whatsoever. They have no access to any criminal police reports. They have no access to any reports whatsoever that has brought this person before the court for whatever they're charged with. So that even if they do have an attorney there with them to defend them during this hearing that you're asking them to have that the… the defense attorney is not going to have any information whatsoever about the incident they're charged with, any of the details, or not. And you're asking that a mini trial be held at a bail hearing. You realize that?"

"We already do that for those other selected offenses where a judge may deny bail." 09500275.doc 40  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Well, denying bail is one thing under… for certain offenses, but you’re not… you're putting this… what you're doing here, is asking that a minitrial be held because of a specific offense that they're charged with. That's the difference. You see that?"

"Yeah. But we already have this kind of hearing for the other crimes for which bail could be denied. So, we're not creating a brand new precedent here for that kind of hearing."

"How many terr… how many people have been charged with making a terrorist threat in Illinois over the past six (6) months?"

"I do not know."

"Does this language mirror any language that you're aware of in the Federal Patriot Act?"

"Not aware of it, no."

"Well, actually it does. And at this point, putting someone through a bail hearing for a terrorist threat is somewhat… To the Bill, Mr. Speaker. Ladies and Gentlemen, I understand what the Gentleman's trying to do and we all understand the threat of terrorism in our world today. But I also know that at the state level is not the place to take care of it and this is somewhat disproportionate to the rest of our Criminal Code and the cases that we deal with on a daily basis. A Class X felony or a capital crime can be a case where bail is denied, but to have a minitrial when information is not there for everyone and to expand a part of the Criminal Code that is in and of itself flawed, 09500275.doc 41  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 in my opinion, is something that we shouldn’t be doing here at the state…" Speaker Lyons, J.: "Representative, your 5 minutes are up. I’ll just… Do you need another second or are you completed your…"

"Seconds…" Speaker Lyons, J.: "Another second or two, go ahead."

"In and of itself flawed at the state level. I know that he's trying to do the best he can and has the best intentions, but I would ask for a 'no' vote on this legislation." Speaker Lyons, J.: "Ladies and Gentlemen, this Bill was on Short Debate. We'll move it to Standard Debate. There's two (2) speakers left. Representative Tim Schmitz."

"I move the previous question." Speaker Lyons, J.: "Representative Fri… There's no further speakers, John, so we'll just have Representative Froehlich close."

"You know, I appreciate the caution that my… many of my colleagues use when they approach this area of the law. I think it is appropriate to be cautious, to examine it 09500275.doc 42  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 carefully. I think we're talking about making a terrorist threat here, which to me is potentially worse than the stalking provision that's already covered. The state's attorneys support this. I'd ask for an 'aye' vote." Speaker Lyons, J.: "The question is, ‘Should Senate Bill 1881 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 83 Members voting ‘yes’, 26 Members voting ‘no’, 4 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Careen Gordon, on page 47 of the Calendar, you have Senate Bill 1881. Read the Bill, Mr. Clerk. Forty-seven of the Calendar, it's 1887, Senate Bill 1887."

"Thank you, Mr. Speaker. Senate Bill 1887 is an initiative of the Illinois Coalition Against Sexual Assault. And it allows for the prosecution of sex crimes that are enumerated in our Criminal Code, should be commenced at any time where now they have certain statutes of limitations. In cases where the offender's DNA profile is obtained and entered into the DNA database within ten (10) years after the crime's commissioned and, not 'or' but 'and', the victim reported the crime within three (3) years after its commissioned. The Bill also expands the current 09500275.doc 43  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 unlimited criminal statute of limitations for sex crimes by removing the following requirements: that the identity of the offender must be unknown after a diligent investigation by law enforcement and that the victim must report the crime within two (2) years after its commission. There were… with the expansion that we have in DNA and the new technology that we now have at our fingertips and the ability that we have to use it, we now have a tool for law enforcement to be able to catch some of these sex offenders and specifically some of the violent rapists that are out there. I would ask for your 'aye' vote and I'd be happy to answer any questions." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative John Fritchey."

"Thank you, Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields."

"Representative, just so I can understand what we're doing. You essentially want to extend the statute of limitations to ten (10) years, or would the statute of limitations become unlimited as long as the DNA was entered into the database within ten (10) years?"

"If the offender's DNA is obtained and entered into a database within ten (10) years after the crime's commission then it's unlimited."

"So, as long as the victim reported the crime within three (3) years and the database… or the DNA was put… was entered into a database within ten (10) years, charges could theoretically be brought thirty (30) years later?"

"Correct." 09500275.doc 44  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Do we have any precedent for doing that in any other case other than a murder case?"

"I don't know… I don't know of any case law, but what I do know is that the technology now allows us to do that because of the laws that have changed that when we have convictions now, Representative, we get DNA from the convicted felons."

"I understand that, but do we… other than murder, do we have any other case… do we have any other offenses that have an unlimited statute of limitations?"

"Murder, is one now."

"Other than murder."

"It… well, it's not… I wouldn't necessarily, I mean…"

"Representative, I mean…"

"There's still, there’s still… the limitations on this because they're still have to… they're still reporting requirements on the crime."

"There's a reporting limitation… and I'm not arguing with you, I'm asking sincerely, are there any other cases other than murder, I'm not aware of any, that would have an unlimited statute of limitations?"

"No. No."

"And this… and this is not…"

"No, but I say that with an asterisk because of the reporting requirements that go along with this one."

"But there… but there are time limitations on the… we're taking the reporting limitation from two (2) years to three (3) years that's… I don't get it, but that's fine. And we… and we got…" 09500275.doc 45  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Well, I mean, actually there's several different…"

"Let… please, just let me… let me just… let me just finish. I don't have much of a voice left anyway right now."

"Sorry."

"But we're taking the reporting time from two (2) years to three (3) years. You’re giving a ten-year window in which the DNA has to be entered into the database. And I get that, but then you're going to say forty-some odd years later the case could be brought. Why not say… why not make it ten (10) years? Just say, okay, if the crime's reported within three (3) and the DNA's in the database within that ten-year window charges can be brought at that time."

"Well, because of… we now have such an accurate level of being able to identify people by DNA and because of the level and the violence of this crime, Representative, we now have the ability to do this and we can take advantage of the science and technology that's out there."

"But that DNA evidence could be used in burglary cases. That DNA… evidence could be used in a host of criminal cases, so why not just say… I mean, I think the door that you're opening up here, the more I think about this, the door that you're opening up is basically no statute of limitations if somebody's in the DNA system."

"Well… because you know as well as I do, Representative, that at one point rape was considered a capital crime and the U.S. Supreme Court struck that down. Currently, that is being reconsidered if it's rape of a 09500275.doc 46  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 child. The case is out of Louisiana and it is before the Supreme Court. And it's because of the technology, the DNA, and because of the violence of rape as a crime. And it's something that as a public policy here in Illinois we're willing to explore. It's not something that I would ever stand here and say, that you know, retail theft or anything like that would do, but because of the violence of this crime and the ability that we have to do it, it's something that we have to look at as a matter of public policy. And there is still the reporting requirement that's on there. So there is still some level of limitation."

"To the Bill. I've carried a lot of legislation on behalf of the Coalition Against Sexual Assault. I've been proud to work with them on a number of issues. I understand what the Sponsor's doing. The issue here is not about being tough on rapists or going easy on rapists or sexual offenders. The issue here really is a civil liberties issue and we are creating an area here; we are going to take the statute of limitations off the books wholly. You know, in a perfect scenario, folks, I guess, you know, we would never want these crimes to occur and obviously, if they do, we want these people caught and convicted. But to take the concept of the statute of limitations, which is one of the bedrock principles of our criminal system, and to throw it out the window just seems to be unwarranted. I won't extend my comments beyond that. Thank you." Speaker Lyons, J.: "Representative Gordon to close." 09500275.doc 47  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Thank you, Representative. And I haven't… we did find the information we were looking for. Just so that the Body does know, there are fifteen (15) states that currently have no criminal statute of limitations for all or some sex crimes, regardless of whether DNA is present and eleven (11) states have no criminal statute of limitations for sexual assault if DNA can be used to established the identity of the suspect or if statutes of limitations that do not begin until a suspect is establish by DNA evidence. This is not something that's new in Illinois. This is not groundbreaking legislation, but it is something that we should use as public policy as a safety matter. And it's something to be used on the worst of the worst cases and of… on one of the most violent crimes that is out there today. I would urge your 'aye' vote. Thank you very much." Speaker Lyons, J.: "The question is, ‘Should Senate Bill 1887 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 111 Members voting ‘yes’, 2 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 47 of the Calendar, Representative Saviano has House Bill… Senate Bill 1900. Read the Bill, Mr. Clerk."

"Thank you, Speaker. To the Bill. It's so nice for us to have a Bill that we can really feel good about here and this really is one of those. If you people haven't had the opportunity to meet with parents of autistic kids who want nothing more than the opportunity to give their kids the best lives that they can, you really should take a chance. I was approached, initially, not just by Pete and his wife but also by some others in my district who came to 09500275.doc 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 me just to talk about their children and their struggles and their fight and what they want for their kids, which is no different than what any of us want for our kids. And to listen to these women in tears talk about the things that can be done in other states that can't be done in Illinois but will be made possible by this Bill. It’s really all I needed to hear and I think all any of us would need to hear to understand how important this is to do. The opportunities that we're giving not just to these families and these children, it's just a matter of doing something that's just being done because it's the right thing to do. Representative Saviano is correct and we need to be wary of mandates on insurance companies, et cetera, but to do something this fundamentally right and just and morally right is an opportunity that doesn't come along that often in this building. So I just really urge everybody to seize that opportunity now and give these families the opportunity, the chances that we'd want for ourselves. Thank you." Speaker Lyons, J.: "Representative Renée Kosel."

"Thank you. Thank you, Mr. Speaker. To the Bill. The previous speaker did touch on one thing that I wanted to mention about the federal legislation, but first of all I'd like to commend the Sponsor of the legislation. And I have dealt with a lot of the families just like he has and autism doesn't discriminate. It doesn't discriminate on wealth. It doesn't discriminate on region. It doesn't discriminate on race. And you never know when it's going to happen to you or someone close to you. And I can't imagine, I know Brian's in the crowd, I can't imagine… Brianna's upstairs, how difficult it must be for your families. But this is a start and as the previous speaker noted about the federal legislation that could be out there, we really do need to capture… we do need to capture all the policyholders in this state. We need to capture employees that work for the City of Chicago, police officers and firefighters and their families, people that 09500275.doc 54  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 have residency requirements because of their jobs. We need to give them the same opportunity that Senate Bill 1900, but we need to go further. We need to continue with Representative Bellock's work with finding great places of physical therapy and education for these kids. This is not an issue that's going to go away and as more diagnoses are made and the spectrum gets wider and wider and wider for the families of autistic children, we need to be able to continue to respond and to stand up like Representative Saviano and Senator DeLeo have done against the big lobbyists that have sometimes a strong impact on this process and say, no, you can't win this time. It's time to fight for those kids and it's time to fight for those families. And I commend Representative Saviano and Senator DeLeo for the fight they that have fought well and have won today. Thank you." Speaker Lyons, J.: "Representative Kathy Ryg."

"Thank you, Mr. Speaker. To the Bill. As previous speakers have mentioned this is a very important issue that faces every one of us. There are growing numbers of children and families in each and every one of our districts that will be diagnosed along the autism spectrum disorder. We know that currently they are not getting the services they need and deserve. When this chamber established the Developmental Disabilities and Mental Illness Committee five (5) years ago, one of the first issues that was taken up was regarding services for our children was autism. And one of the first parents to submit testimony talked about her son who was diagnosed at 09500275.doc 55  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 age two (2) and because they sacrificed all their personal resources to get him the treatment he needed, he was able to then be mainstreamed into a regular classroom. That is the right thing to do for that child and it is the right thing to do for that family and it is cost effective for our public systems that we support through taxpayer dollars. It's been stated that this legislation will not have the positive benefit we would like for all persons, all families, who pay their insurance premiums thinking when they have a need for coverage it will be there for them. But we have to send a message to the insurance industry that it's in their best interest to cover these services as soon as possible, because it will be to cost savings in the long run. Families deserve coverage when they pay, thinking it's there for them. It's wrong that they are left out of the system and whether we can legislate that or not, we can do what we can do. This Bill is a very important first step to sending that message. As more and more states pick this up, hopefully the federal level will pay attention and provide coverage so that ERISA-exempt policies have to provide coverage for autism disorders. And finally, I think it's really important to recognize what the families go through. Not only in meeting the challenges of their own children, but in becoming advocates. They have had to take time and energy and spend money to convince us to do the right thing. It would be unconscionable for any of us not to support those efforts. And I encourage everyone to do what the Senate did and send this Bill to the Governor unanimously. Again, 09500275.doc 56  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 I appreciate all the efforts of so many people who have picked up this cause. We have a long way to go to make sure that we as a state provide the safety net so that we have programs and services available to the children who need them, based on their need through the continuum of their life care. So, again, please know that this is very significant legislation and very worthy of everyone's support. Thank you." Speaker Lyons, J.: "Representative Lou Lang."

"Thank you, Mr. Speaker. I rise in support of this Bill. This is one of the more critical bills affecting the lives of children. I've met with many of the families involved and they tell a painful story. It's a story that we could do something about today. It would be best if we could pass legislation to affect all insurance policies. Of course, we cannot do that today, but we have a responsibility to do what we can for who we can. When this syndrome is caught early in life, the children gain great benefits from it. And I find it interesting that certain other brain disorders or a brain issues are covered by insurance where the symptoms are exactly the same, but autism is not. It's time we bring insurance into the 21st century and deal with these issues in a cost effective-way. This legislation will do that and I urge your support." Speaker Lyons, J.: "Representative Dennis Reboletti."

"Thank you, Mr. Chair. On Senate Bill 1881 my switch was inadvertently voted as a 'no' and I wish to be recorded as an 'aye' vote. Senate Bill 1881. Thank you." Speaker Lyons, J.: "The Journal will so reflect, Representative. The Chair recognizes the Gentleman from Cook, Representative Art Turner. For what purpose do you seek recognition, Representative?"

"Thank you, Mr. Speaker. I… if the Membership would indulge with me, I'd like at this time for us to welcome the Majority Whip from the Maryland House of Delegate, a longtime friend and member of the NBCSL Executive Committee, Mr. Talmadge Branch. Representative Talmadge Branch from Maryland… the House of Maryland, Deputy Whip… Deputy Majority Whip." Speaker Lyons, J.: "Welcome to Springfield, Sir. Glad to have you here. Enjoy Springfield. Representative Dan Reitz, on page 47 of the Calendar, you have Senate Bill 1927. Read the Bill, Mr. Clerk."

"Thank you, Mr. Speaker. Senate Bill 1927 is similar to a House Bill I had earlier this year and all it does is it increase the sell date on package for cool weather grass seed from twelve (12) to fifteen (15) months. And if you have questions on this one, it's going to be a long day." Speaker Lyons, J.: "Representative John Fritchey." 09500275.doc 59  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Now, you may find this hard to believe, this issue doesn't come up too often by me. Why do we actually need a law to say what the sell date is on grass? I'm completely serious. I didn't know this was the type of thing we legislated."

"Yes, it is. The expiration date on the grass seed is currently twelve (12) months and there's really no reason with the technology we have today and the seed they have to expand this. And it just allows them to keep seed on the shelf longer and not have it expire. And I think they can still sell it anyway."

"Well, Dan, here… I don't doubt for a second that you know more about seeds than I do. But I'm just… why do we actually have to have a law to do this? I mean is this common practice in agricultural products? I'm totally serious."

"Apparently, it is. This was brought to me by the Grass Seed Association. It's people that represent them and they have a problem with it and see a need to change this. But like everything else, we like to keep our fingers in everything, I guess."

"I guess I learn something new every day. All right, thank you." Speaker Lyons, J.: "Representative Dave Winters."

"You know a lot more about seeds than I do, so you could probably answer that question. I would say because we only have a short warm season. We have a longer cool season. How's that sound?"

"Yes, I do. The warm season is planted in the warm season; the cool season is planted in the cool season."

"And point-well taken. I mean, we definitely need to do that and I will be happy… I will suggest to them that I work with you as me as a cosponsor and you as a Sponsor next year of that legislation." Speaker Lyons, J.: "Representative Bill Black."

"It's the type of shirt you're wearing when you plant it, I think. If you have on a flowered shirt, it's cool grass. I think… in my understanding, it's similar to what Representative Winters said, it's about the germination period, when you're able to plant them. And this will just allow them to legally keep this on the shelf and not have the expiration date and allow them to sell that product at a later date and still… and there's no technical reason… no reason that they… the grass won't grow three (3) months later than it's listed on the package."

"Yes."

"And actually, the… I think the… it’s my understanding as I learn more about grass seed than I ever wanted to know, is that the other grass seed is the stuff that… the grass that is not designated as a cool weather grass is allowed to go for a longer period of time on the shelf."

"I think they already do.

“I think this just allows…”

"Yeah, there's…" 09500275.doc 62  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"You can get all the kinds you want…"

"…all different kinds of grass."

"I will get back with you on that. I just know that…"

"Excuse me. I was interrupted by…"

"I don't think they do. No."

"But I will find that out."

"We're going to find that out for you, though and I… and I'll…"

"I'll get back to you well before bedtime."

"Former Representative Lawfer would have… he would have designated it as a very cool grass.

“But actually he wouldn't have. He said there was a difference between an industrial hemp and cool grass."

"So this would not be in this Bill."

"No, definitely not."

"If you don't cut it, I'm sure it would. Yes."

"It's called Astroturf."

"No, they'll… they'll label it for you as they lay it if you would like to get your yard done in that. I'm sure they would."

"Thank you very much. And that's why we're doing it at such late date."

"It took… serious negotiations throughout the year to get this to this point." 09500275.doc 64  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Just quickly. The Representative from Vermilion County saying pulling his weed; I don't know what that meant. But my cousin, Vinnie, and my cousin, Carmine, from the old neighborhood have a professional weed pulling service if he wants the number, I'll certainly give it to him if he needs it later." Speaker Lyons, J.: "Representative Dan Reitz to close."

"Thank you very much. I really enjoyed the discussion and look forward to it on my next Bill. Thank you. Appreciate an 'aye' vote." Speaker Lyons, J.: "The question is, ‘Should Senate Bill 1927 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. Representative Harris. Scully, George. Mr. Clerk, take the record. On this Bill, there’s 114 Members voting ‘yes’, 0 voting ‘no’. this Bill, having received the Constitutional Majority, is hereby declared passed. Clerk, on page 55 of the Calendar, on the Order of Second Readings is Senate Bill 1115. What's the status of that Bill, Mr. Clerk?"

"Yes. Thank you, Mr. Speaker, Members of the House. On Friday, the Senate sent us six (6) budget Bills, which represents an entire spending package. And what I'm presenting here today in Senate Bill 1115 is a… is one of those Bills that deals with the smaller, less controversial agencies. This would provide for appropriations to the Civil Service Commission, the Commerce Commission, the Court of Claims, the awards at the Court of Claims, the Executive Ethics Commission, the Executive Inspector General, the Governor's Office of Management and Budget, the Procurement Policy Board, the Illinois Power Authority, and the Illinois Department of Transportation. So again, these are agencies that for the most part, I think that the operations of State Government are driven by the head counts which we know and the amounts of pay scales that we know. There's relatively small amounts of GRF associated with these agencies, many of them have sources in other funds, but in any case they are an important part of the budget. I'd be happy to answer any questions and I'd ask for your 'yes' vote." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Kane, Representative Tim Schmitz." 09500275.doc 66  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Well, it's probably… it's probably fair to say that it's in between. It's probably closer to a baseline in many cases, but it's certainly less than the growth budget, but in some cases… in most cases it's a bit higher than the budget that we would term as level."

"Yes, we used to do paratransit through the Department of Transportation. Part of what we did in January when we did the RTA/CTA Bill was we moved the expenditures to those agencies and so they no longer need to appear in the Department of Transportation's budget."

"Well… yeah, we made all the changes in January where money went to the programs to run the transit systems and 09500275.doc 67  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 some of the obligations of the state like paratransit went with it. So…"

"This would include both the people who draw a paycheck that are in the union, the people who draw a paycheck that are in management; this would be all personnel. Now, the Senate made the same assumptions that we typically do in this chamber when there's a negotiation pending. We say let the parties conclude their negotiation, AFSCME and others and the Governor's Office and then come to us with that contract and we'll work with them to find funding. But we simply don't know what the union and the Governor may settle on at this point."

"Well, Representative, we passed twenty-eight (28) budget Bills and they passed six (6). So, they don't really… they really don't line up in a way that's easy for me to compare House Bill to Senate Bill."

"I don't have it in front of me. These are appropriations for FY09." 09500275.doc 68  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"That's correct."

"We've reviewed all the other Bills, that's correct, but we have not made a determination to pass the other five (5). We will…"

"we will pass an additional… we will debate an additional Bill today, I believe."

"I'm sorry, could you repeat the question? I didn't hear your question, Representative."

"The agencies… you want me to give it to you agency by agency? The Civil Service Commission has a GRF total of four hundred and forty-eight thousand (448,000). The Commerce Commission…"

"I have them by agency, Representative. So…"

"Right. The Senate took a more traditional approach of putting the expenditures of a entire agency in a budget. And then they put like kind of agencies together in these budgets."

"Thank you, Mr. Speaker. Will the Gentleman yield?" Speaker Lyons, J.: "Sponsor yields."

"Representative, I'm sorry, what is the purpose of this again?"

"Representative, the Senate on Friday passed six (6) budget Bills, which encompassed the entire amount of state spending that is necessary to run the government in FY09. This is one of those six (6) Bills and it contains the following agencies: Civil Service Commission, Commerce Commission, the Court of Claims operations, as well as the awards, the Executive Ethics Commission, the Executive Inspector General, Management and Budget, the Procurement Policy Board, the Illinois Power Authority, and the Illinois Department of Transportation."

"So, it's very important that this Bill pass in order for us to keep the people's House open and the state agencies in operation."

"I would agree, Representative. You know, for…"

"So, what would be the objection? What do you think the concerns are?"

"Well, Representative, we've tried to find ways to present these Bills. In the past, we've presented these Bills… the entire budget in one Bill and we've been criticized for that. We presented it in twenty-eight (28) Bills earlier this month and we were criticized for that. And the Senate took a middle approach and they presented them in six (6) Bills and the criticism is that that 09500275.doc 71  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 doesn't seem to be so good either. So, I think, you know, we always have criticisms of the budgets every year and there's always someone who says that we spend too much here we didn't spend enough there. It's the nature of trying to craft a budget that a majority of Members can support and that appropriates in the neighborhood of fifty-some billion dollars in total to keep State Government running."

"Representative, was this an open process?"

"I didn't hear your question, Representative."

"I said, was this an open process? Was… there's Bills out there, did people get an opportunity to come and testify and give their comments?"

"Right. So, Representative, we started the process early in the year. We had our regional budget hearings where we asked people, citizens to come, not necessarily just to Springfield but to come to a regional meeting where they could express their views about State Government, their priorities about state spending. We had the appropriation hearings here in the House and over in the Senate and we brought in the directors of each agency. They testified in terms of what's in their budget. They answered questions as to what is not in their budget or what else they would… think should be in their budget. We had a round of hearings with advocates who were given an opportunity to come in and criticize the Governor's introduced budget if they wished or to suggest how they could make the budget better or even to say they supported the budget. So, we've tried to reach out in any number of ways to give people and citizens and Legislators who were 09500275.doc 72  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 interested in the process an opportunity to be included. The Senate did send us these Bills. We've taken a look at them; they're not very much different from the Governor's introduced levels. They're not very much different from the budgets that we passed earlier in the month here in this House. And so, in an effort to try to move the forward process… move the process forward and show to the Senate that we are serious about passing budget Bills and concluding the process, I'm offering this budget Bill here to you today."

"Well, Representative, I want to thank you because I know that we've had budget meetings across the state. There was one right next to my district and I participated in it. And I'm proud of the fact that some of my constituents had the opportunity to come and testify in regards to the needs that we have in our community. And I think oftentimes there was criticism in regards to the process not being open and there was just the four (4) leaders and the Governor down there and behind closed doors. And because this was an open process and people did have the opportunity to give their opinions and voice their concerns, I commend you and the Speaker and other Members of the House on all the hard work and the long hours that you have placed into this process. Thank you very much." Speaker Lyons, J.: "The Chair recognizes Representative John Bradley." Bradley, J.: "Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields." 09500275.doc 73  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Bradley, J.: "Representative Hannig, what is a lapsed appropriation claim?"

"A lapsed appropriation? Well, Representative, the budgets, as you certainly know, give the authority to the agencies to spend money, but it doesn’t compel the agencies to spend money; it simply provides a maximum amount of money that they can spend. In some cases… in many cases, agencies go through the entire fiscal year and work hard not to spend all the money that we have given to them. So when the end of the year comes, they actually have money left in their budget that they have not expended and at the end of the fiscal year that money lapses." Bradley, J.: "Don't we compel them to spend the money in some way?"

"We authorize them to spend the money. And in some cases we have formulas that in some ways drive money out the door, so in those cases the money is spent based on a formula. But in most cases, those agencies, especially that fall under the Governor's Office, they are not compelled to spend the money. And in fact, you'll recall we had some differences with the Executive Branch when we… we've had some differences with the Executive Branch when they tried to impound monies for the extension services and the 4-H and when they were talking about holding the last two (2) state aid payments and not releasing money for the gifted and things along those lines. And while we could not compel the Governor to release those money, we could let our views be known and as an important part of the entire process, we in the Legislative Branch, I think, 09500275.doc 74  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 we’re able to compel the Governor to eventually release those funds. And so, we can't force him to do that, Representative; he can impound the money, but we also have a role in the process. And the Governor, I think, is sensitive to our position here in the Legislature." Bradley, J.: "It… would a synonym for those be reappropriations?"

"I'm sorry, could you repeat that?" Bradley, J.: "Would a synonym for those be reappropriations?"

"So, a reappropriation, Representative, deals with a situation where a… let's say, it's a capital expenditure and it's made in a fiscal year. Let's say, it's made in last fiscal year. And the process begins, but the fiscal year comes to an end and we know that the project will not be completed, maybe it's a multi-year project like a bridge or major road, so, what we do is we reappropriate that money into the next fiscal year so that the project can continue. So it's a process where the staff on both sides of the aisle work very hard with the agencies and interested people to keep track of these items and make sure that they're included in the next fiscal year." Bradley, J.: "I noticed there's a lot of Court of Claims claims in this budget. Are those mostly personal injury claims or are those claims on debts or are those claims on contractual disputes, and why do we have so many claims against us? We don't have any kind of insurance that would come in and take care of that?"

"Well, in the Court of Claims, someone comes to the State of Illinois and says that they have a legitimate 09500275.doc 75  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 claim against the state, but for whatever reason they're turned down. Perhaps they present that claim in the wrong fiscal year. Maybe the state agency doesn't believe that it's a valid claim. And so, where do these people go if they're turned down and they think they have a fair claim? Well, I guess we could turn them all into the… to the Circuit Court, but we've found that it's better to have a special court here in the State of Illinois called a Court of Claims. So, people present their claims, they have a hearing, and if they win then we appropriate their claim in the next fiscal year. So, in the Court of Claims budget that we're looking at as part of this, there is an operational budget, that is the amounts of money we spend to pay people to run the agency and then there's an awards part. And these are people who have won awards from the Court of Claims, from anywhere around the State of Illinois…" Speaker Lyons, J.: "Representative, your 5 minutes are up. The Chair recognizes the Gentleman from Bureau, Representative Frank Mautino."

"Thank you, Speaker. And just a few questions. I'm… most of my questions were asked by the esteemed chairman of the Revenue Committee. Under the IDOT… if you can go to the IDOT budget. Is there anything in this budget about mass transit, or will that come later as far as the downstate mass transit dollars on operationals?"

"Yes, we spoke to this last evening, I believe, you and I and some others, that the FY09 budget for the downstate 09500275.doc 76  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 mass transit districts is fully funded and it's in this Bill."

"And it's in this Bill?"

"The '09 money. Now, the '08 monies which we still are working with will be in a supplemental, which will come on a different Bill."

"Thank you. That was a great… of great concern to Members from downstate, both sides of the aisle and that reflects… that'll reflect the 65 percent of operational costs going forward. So, I do appreciate that. Otherwise, we have the normal contingent and operational expenses for the smaller agencies outside of IDOT plus IDOT?"

"The smaller agencies… and for those of us downstate for the Department of Transportation, so they can keep their trucks on the road and continue with the maintenance programs."

"Oh, just looking here, who's Machine Maintenance, Inc."

"What?"

"Looking on down through some of the… some of the items under grant lines… page 18."

"Go ahead, Representative."

"Is there a limit on what can be recovered at the Court of Claims?"

"I'm not aware that there's a limit. I could be mistaken, but I do know that the agency does not always grant your wishes. Some people go to the Court of Claims and lose. It's…"

"Okay." 09500275.doc 77  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"You know, it's just a place… it's the place where people go when they feel that they have legitimate claims against the state. We set up similar kind of things with the Industrial Commission for Workers' Comp and the Department of Employment Security for the all the unemployment questions and items, as well. So…"

"Well, thank you. I appreciate your work and I respect that this is the first step in sending this on to the Governor and a sign of good faith that the parties are negotiating. So hopefully, we can get a budget put forward and good luck to you and Mr. Trotter." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."

"Well, thank you, Mr. Speaker and Members of the House. These are some small agencies in a budget that the Senate sent over. And they have… they're an opportunity for us to begin the process of sending budget Bills to the Governor for his consideration and to begin ending this budget process in this Legislative Session. So, I would ask for your 'yes' vote." Speaker Lyons, J.: "Well, Ladies and Gentlemen, there's been a request for verification. We ask all Members to please vote their own switch. And the question is, ‘Should Senate 09500275.doc 78  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Bill 1115 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 Joyce, Nekritz, Ryg. Representative Joyce. Representative Nekritz. Mr. Clerk, take the record. Mr. Clerk."

"Yes. Thank you, Mr. Speaker, and Members of the House. This is a second Senate Bill that came over that was actually passed by the Senate on Friday. This makes appropriations to the Capital Development Board, the Drycleaners Environmental Response Trust Fund Council, the East St. Louis Financial Advisory Authority, the Illinois Workers’ Compensation Commission, the State Universities Civil Service System, the Illinois Labor Relations Board, the Southwestern Illinois Development Authority, and the Upper Illinois River Valley Development Authority. So, again, these are… and I'm advised that the Education Labor Relations Board… yes, is in here as well. And so again, these are Bills that came over from the Senate. They're very small in total dollars. They are, in my view, no controversies associated with these Bills, and would seem to me that it's appropriate for us to simply send them on 09500275.doc 80  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 to the Governor and focus the remaining time that we have on those more controversial items in the state budget that we may wish to consider and debate at greater length. But certainly, at this time, I would ask for your 'yes' vote and be happy to answer any questions." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Kane, Representative Tim Schmitz."

"Representative, we have some… some additional budget implementation language we'd like to consider today, but this will be the end of the budget Bills for today."

"Not at this time. I mean, I guess, perhaps when I say today it could be very late today, but I wouldn't anticipate that. I would say that it's more likely that we would take up the rest of the budget perhaps tomorrow."

"Yeah. Again, it's… it's very close to a… to a slow growth kind of budget. Many of these, like the Capital Development Board, have… have no GRF. Drycleaners Environmental Response Trust Fund has no GRF. East St. Louis has two hundred and forty thousand (240,000). State Universities has a hundred and twenty seven… excuse me, one million two hundred and thirty-seven thousand two hundred and twenty (1,237,220). None in the Workers’ Compensation Commission because it's all non-GRF. So, these are relatively small agencies with relatively small amounts of personnel and small amounts of GRF."

"I've been working with representatives from the Senate and it's our… and they obviously sent these Bills to us, and after we examined them and they explained to us what were in the Bill, it was my judgment that because they're small Bills with relatively little money, that we probably ought to just send them on and concentrate on the bigger Bills that remain."

"It actually does not include that, Representative. It's a smaller appropriation."

"Right. I tried to make clear that it was close, but certainly, in some cases the House budgets will be above some of these. And in this case, the Senate budget is actually below the House."

"Six (6) Bills came over."

"Spending Bills."

"I believe it was twenty-eight (28)."

"Well, they don't. And the reason is because, remember the first two (2) budgets that we debated in the House version were for the front-line personnel. That was the first Bill. The second Bill had to do with the more management type of personnel. And in a third, series of budgets dealt with… with the grants. And so, the Senate took the more traditional view of simply putting the entire agency together in one budget and then joining several like budgets in one (1) Bill."

"So, we don't… remember, of the twenty-eight (28) Bills, you just can’t add them all up because in many cases we had a high and a low range. So…"

"The Senate had their own… we had a flat budget and a growth budget. The Senate has their proposal which is 09500275.doc 84  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 different from our approach. I mean, that's the beauty of a bicameral Legislature. We took one approach and they took a bit different approach. At the end of the day, it's important that we put a budget on the Governor's desk that he can work with."

"All I would simply say is that this is… that if we did it in one Bill, which I'm sure would be criticized as well, there would be a way to add it up. We tried to take some of the responses that we hear in criticisms on this floor from time to time to heart, and we simply tried to take the approach that we used when I first came down here that I talked to the Speaker about and said, why don't we do multiple Bills? Maybe one for each agency? The Senate chose to take that same approach, only they moved their 09500275.doc 85  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 agencies together. We did it under Governor Thompson, we did it under Governor Edgar, it always seemed to work. So, certainly, this is a tried and true method of passing a budget, it’s just simply different from what we've done in the last five (5) or ten (10) years." Speaker Lyons, J.: "Representative, we’ll let you ask the one final question and one more moment."

"These Bills will go to the Governor."

"That’s… We vote on them one at a time just like we do all the other Bills, Representative."

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields."

"Thank you. Representative, this Bill here has seven (7) different state agencies that you're asking us to vote on, and it's my understanding, when we spoke to the last Representative, that this is actually smaller numbers than what was introduced and passed in the House for our maintenance budget, correct?" 09500275.doc 86  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"I… I don't know that is true for very one of these agencies in here, Representative, but when the question was asked about the specific positions that the Education Labor Relations Board, my response was that that particular agency was at a smaller level than the one that we passed earlier in the month. In other words, for the Education Labor Relations Board…"

"Yeah."

"the Senate would appropriate less than we would."

"Can you tell us on the other ones, as well?"

"So, on… on CDB, it's basically at the Governor's introduced level."

"And is that what we passed in the House?"

"And there's no GR… there's no GRF in the budget, it's all other funds."

"Right. Correct. Is that the same, amount, though that we passed in the House?"

"Yeah. If you put… if you took that part of our budget that dealt with front line and that part of out budget that dealt with the… the merit/comp kind of people, if you put that together and just carved out the portion for capital development, it would be the same."

"That's what I was trying to figure out. And on the next ones, the Drycleaner Environmental Response Trust Fund Council?"

"The same."

"The same. And the… we already talked about the Educational Labor Relations Board. I want to talk to you about the next one, the East St. Louis Financial Advisory 09500275.doc 87  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Authority. I see they’re in here and it's not a lot of money, but it's still significant. It’s two hundred and forty thousand dollars ($240,000). What do they do?"

"Well, Representative, the… the City of East St. Louis fell on some hard times. I can remember when I was a young man I went down there and, I think, John Kennedy came down there and it was an all-American city. Well, today if you went down there you'd fine a community that's facing a lot of economic difficulty. And so part of what this commission is supposed to do and has done for a number of years, this authority, is to provide some financial assistance to the community in an effort to try to keep their budget and their… their community on a sound and balanced footing economically."

"I'm… I understand that and I'm dating myself, but now I've been here, this is my tenth budget. And I remember I asked these questions ten (10) years ago on the East St. Louis Financial Advisory Authority and at that time I was told that they were put in place for, as you stated, but there was supposed to have been a sunset clause if East St. Louis was able to have a balanced budget for ten (10) years in a row. Now, I believe that's occurred, that they've had a balanced budget for ten (10) years in a row, and I'm wondering why we’re still funding an authority when the… when their stated goals have already been accomplished?"

"Representative, I'm advised that… I'm advised that they didn't… that they didn't meet that criteria. That they didn't make the cut the last year to…" 09500275.doc 88  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Well, they don't have any incentive to. The thing is, because if they do, then they go away."

"Well, Representative, this is not like we just write them a check for some money and say go and spend it. This is where you bring financial people down here and they start telling the folks who are elected that, well, you know, you ought to not spend money on this and you ought to not spend money on this, and you shouldn't do this. They actually provide some… some knowledge and I think in some cases some sunshine to the process in a way that probably this… probably this board down there that exists would like to do away with these people. They kind of are an oversight."

"I think we could do better if we got them a city manager. I just wanted to find out on these numbers if they're at the same or below what the House did, because I'm having difficulty figuring it out the way that these Senate Bills have come over. So, I appreciate your answers." Speaker Lyons, J.: "The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan."

"Yes. They're Senate Bills that are not amended."

"I thank you, Mr. Speaker." Speaker Lyons, J.: "Your light was on, Representative."

"My light is on. Thank you, Mr. Speaker. Does the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields."

"Representative, just very quickly, compared to the low-level budgets that were passed for this agency… for 09500275.doc 92  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 these agencies that are included in this budget here, could you tell me approximately is it the same, is it 10 percent more, is it 20 percent…"

"They're… they're nearly identical in most cases. In the case where the question was asked earlier, the budget from the Senate is lower. But the operations of State Government, the head counts, the… the contracts that are in place for our… our employees and our management people, the money to keep the doors open,”

“You’re guessing…”

“Those things are all basically identical. I mean, we know what those amounts are."

"Okay. You're guess would be that these would be very close then to the low-level budgets that we passed, not the high-level budgets."

"Yeah. And that's why we feel comfortable with just sending these Bills on to the Governor. It seems to me that what the Senate sent us in these two (2) packages are relatively small agencies with relatively small amounts of spending, with not a lot of controversies, you know, flying around these budgets. To me, we could move them off the table and try to narrow the focus to those agencies where there is some… there is some room to debate where the numbers ought to be. But on these…"

"Okay. And finally… finally…"

"…these are going to be the same."

"So, would it be your estimate right now that you think existing revenues with no enhancements would be able to keep this budget balanced?" 09500275.doc 93  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"These are at the Governor… these are essentially at the Governor's introduced levels. So, it's, you know, there's not any reason… they're not being inflated anywhere. So…"

"Okay. Thank you." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Lou Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen, I rise in support of the Gentleman's Bill. And in so doing, I have a few comments I'd like to make about what I'm hearing from the other side of the aisle. We've heard for the… on this Bill and on the previous Bill what can really only be described as whining, and I, for one, am a little tired of it. I think people can say that there might be some changes that some of us would like to make in the appropriations process, okay. There might be some changes we'd like to make on how we do budgeting around here, okay. Although this has been the most open process in history since I've been here and you can make that claim all you want, but the fact is, this is the process we have and this is the Bill that's before you. And I find it curious that, by my count, there are two hundred and eighty-one (281) appropriations Bills on Second Reading, and not a single Republican Amendment has been filed to any one of those appropriation Bills. And I think one has to ask the question, what's all the whining about? If you have a proposal, propose it. Is someone from the Clerk's Office down there? Are you open? Raise your hand, someone from the Clerk's Office. Oh, you don't want to help me. 09500275.doc 94  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 They're down there. Go to LRB, they do the drafting. You don't even have to do it. Republicans, you don’t even have to do it, find them some nice staff person, go on down to LRB, and have them draft your proposals, your proposals. Go on down there, bring them up, file them with the Clerk, and then you can whine about the fact that they don't get out of Rules, but do your thing. Come on up here and do your thing. Two hundred and eighty-one (281) appropriations Bills on Second Reading on the Calendar, and all we get is complaints. We get complaints about the process, we get complaints that your particular thing wasn't done. We get no proposal for new revenue, we get no proposal from you to balance a budget, and we get no proposal from you to make changes in any one of the appropriations Bills that are on the Calendar. Now I don't know about anyone else, but I think that's particularly outrageous. I think everybody here knows that we're trying to get a budget done by the end of the month. Maybe you folks aren't. You know, you've all got your websites, so you'll… if you can stop us from doing a budget you'll go tell everybody how Democrats can't accomplish anything. If that's your goal, go do it. Do your thing, but perhaps your thing ought to be being involved in the budget process. Perhaps your thing ought to be not coming to the House Floor with complaint after complaint after complaint and have not a single shred of your own idea to make the budget of the State of Illinois what you want it to be. Representative Mulligan, you want to say that on the record? What you just mouthed to me? Representative 09500275.doc 95  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Mulligan? I didn't think so. Maybe the press would like to have watched you mouth that to me. But I'm here to tell you that we would like to do the people's business. If you want to do it, there's a well down there, there's an LRB downstairs, get your documents, get your drafts, get your appropriations Bills, go file them, and Godspeed." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Lake, Representative Mark Beaubien."

"Yes. That's correct, Representative."

"The Governor's… that's correct. The Governor's introduced level of pension funding included an assumption that there would be a pension obligation bond, but I can tell you that if that does not become the law of the land, then the continuing educa… the continuing appropriation language that exists in current statutes will ensure that all payments are made at the certified amounts."

"No, Representative. It just means that you're voting for a Bill with these amounts of money, knowing full well that at the end of the day that all pension obligations will be met." 09500275.doc 96  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Well, Representative, the Senate sent us over these Bills which I think we would say for the most part are in order. They're the kind of things when you and I are in a budget negotiation, we take these little agencies and we set them aside and we simply say that, you know, we reviewed them, the committees have reviewed them, there's not anything there that's controversial, we can move on. And that's what we're just simply trying to do today is move on with these little agencies, send them over to the Governor for his consideration, and let's focus some time on the bigger agencies."

"Representative, I'm not really certain what they assumed in their revenue picture. All I can say is that we have spending Bills in front of us and that's what I'm presenting."

"Well, Representative, we… we know that the process between… in the Legislative branches between the House and the Senate, we know that the process is also between the legislative branch and the Executive branch. The Governor will have an opportunity to make adjustments to these budgets if he feels that it's appropriate to do so. If we 09500275.doc 97  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 fail to give him the revenue sources that satisfy his needs, then he'll simply reduce some of this spending. If he's comfortable with the revenues that are available at the end of the day, then he need not veto anything. So, he'll have some choices as well. We're going to make some choices, the Senate's going to make some choices, and the Governor's going to make some choices."

“No. I didn’t…

" Yes, Representative, if you did I apologize. What I said is that this funds the existing… the existing workforce at the contract that we now have in place. What we've typically done in the past when these negotiations are going on as they are often are when we're negotiating a budget, is to say to the Governor and to AFSCME, you know, negotiate. We're not a part of that negotiation. Maybe… maybe we should be, but we're not. And in the end, they'll come to a conclusion and they'll bring us a document and 09500275.doc 98  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 say, you know, we need some additional dollars for personal services in these additional agencies and we'll have to look at passing a supplemental."

"Representative…"

"Representative, that's an executive branch decision."

"We could put additional money into the budget for that, but we can't compel the Governor to spend it. So…"

"Representative…"

“Thank you

"The House will return to Session. Mr. Clerk… Mr. Clerk, would you take Senate Bill 1129 out of the record?. Mr. Clerk, Rules Report, please."

"Mr. Clerk, on page 47 of the Calendar we have Senate Bill 1930, Representative Nekritz. Read the Bill, Mr. Clerk."

"The Lady from Cook, Representative Nekritz."

"Thank you, Mr. Speaker. This piece of legislation corrects an unintended consequence of the graduated 09500275.doc 102  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 driver’s license Bill that we passed last year. The new graduated driver’s license law prohibits drivers under the age of eighteen (18) from being on the road after 11 p.m. on weekends, unless they're participating in a school- sponsored or work-related activity. Senate Bill 1930 adds a very… another very narrow exception to the curfew for students that are participating in a peer dispatch service operating under adult supervision that offers alternative transportation home for teenagers who are looking for a safe ride home. In my area this transportation, this ride home is offered through a program sanctioned by the Boy Scouts and it's been offered nationally by the Boys Scouts for over twenty-seven (27) years. I'll be happy answer any questions."

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

"The Lady from Cook, Representative Flowers, for what reason do you rise?"

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Will the Lady yield?"

"She indicates she will."

"Representative, you and I spoke about Senate Bill 1930 and I'm sorry, I did not get a full understanding as to the reason why this Bill was not a statewide Bill, number one, and number two, I still don't quite understand 09500275.doc 104  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 what it is that we are trying to do here. Now don't misunderstand me, I know that we're talking about teenagers calling other teenagers to get them out of a bad situation. And obviously, the curfew law does not apply to the children in this community and it appears to me that the drinking laws does not apply to the children in this communities because the previous speaker just spoke and said how so many children have been able to call for their friends to come and pick them up and how they got home safely. So, can you tell me what is it that this Bill is doing that's only applicable to a certain area that the… that it's not good enough for the entire state, considering all the legislation and all the changes that we've just done to save so many children's lives across the state? We've changed the… the drivers… the driving age, we've extended the lessons and how many hours they have to be behind the car (sic-wheel), and who can be with them, and at what age who can be in the car. There can't be more than three (3) drivers of a certain age. So, what are we doing here? Please explain it to me because it would be very difficult for me to go back to my district and explain to them the reason why there's a curfew that's put into place on the south side of the City of Chicago, but there's not a curfew in your area. Where is that it’s okay for some children to drink and drive in your area and there's a telephone number that they can call that the police will not pull those children over, but if they did the same thing in my area, the police would be called?"

"Representative, can I… can I answer your question?" 09500275.doc 105  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Oh, sure."

"Because I think there… I think there's some confusion."

"I just wanted to make sure I got my questions out so you can answer them."

"No… no. So, let me review. It's okay. I understand. I… I think I understand…

“Thank you.”

“…and if not you'll… you'll ask again." So, the… the curfew law does apply statewide, currently. This program is not operating currently in my… in my area because of the existing curfew law. So, it does apply statewide; it's applying in my area. The drinking laws apply…"

"I'm sorry, the program is statewide?"

"No. No, no, no. You said that the curfew does not apply in my area, the curfew does. The drinking laws apply and if children are caught with alcohol they're… you know, then they suffer the consequences of that. This Bill applies statewide. It says if there's any program that's being offered that is similar to this Boy Scouts sanctioned program anywhere in the state, that the students that are participating in that program are exempt from the curfew. So, it does apply statewide."

"So, if there's not a Boy Scout program in my area…"

"Then… then volunteers in your area could get together to start one, because it's a completely volunteer-driven program."

"And so the teenagers… if one of the teenagers in your… in this particular program is out after 11:30 on a 09500275.doc 106  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Saturday night and he or she calls another teenager that's seventeen (17) years old to come and get them, or sixteen (16) years old, it's okay for them to be out?"

"Well, it's… it's not okay… it would be… they don't just call one of their friends. They have to call a sanctioned, adult-supervised hotline that then dispatches a… a trained student driver to go pick up that…."

"I thought these were teenagers that would be answering the phone, according to what I was told earlier."

"Well, I'm not sure… I believe the teenagers do answer the phone, but there are adult… there is adult supervision at that… at that central location. In my area it’s operated out of a church."

"So, someone will… these teenagers will be up every day, all night, around the clock anticipating a call from another teenager…"

Speaker Turner: "Representative Flowers, you'll bring your remarks to a close. Your time is up."

"Anticipating a call from another teenager who may find themselves in a precarious situation, instead of calling the police if they're in a precarious situation, they're going to call another teenager, and this teenager is going to risk their lives by coming out to save this other teenager as opposed to calling a responsible adult."

"Well, they are dispatched, again, from an adult- supervised location and, you know, the… I think the unfortunate reality, Representative, is that those… that some teenagers may not be comfortable calling the police…"

"I agree." 09500275.doc 107  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"…to get home, and so they're going to just jump behind the wheel and drive regardless."

"Well, you know what, Representative, I would hate for any teenager to put themselves in jeopardy for whatever reason, but I think this Bill has some concerns and if it's not statewide and there's not adult supervision, the adults is being called to come and pick up the child as opposed to putting other teenagers in harm’s way. Because that teenager does not know what type of situation the other teenager may be in, and they may need someone with some type of health experience to intervene or an adult to help them out of that situation. Thank you very much."

"Thank you."

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

"Yes. Representative, it's my understanding that, that… that the law does allow that." 09500275.doc 108  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Yes. Yeah. I believe there's an exception for going to or returning home from an official school, religious, or other recreational activity."

"I believe that they can."

"The Gentleman from Cook, Representative Lang, for what reason do you rise?"

"Thank you. Will the Sponsor yield?"

"Indicates she will."

"Thank you. Representative, I think you have a good Bill here, but I want to just get some facts out on the record. So, this was a program that was ongoing until January of this year, is that correct?"

"That's correct. For fifteen (15) years."

"And…"

"Actually, for twenty-seven (27) years."

"Are there… are there records kept as to how many teens would have been able to use this service?"

"There are… in the particular program in… in… that's offered… and you know, this is, again, the Safe Rides Program is a national program offered through the Boy 09500275.doc 109  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Scouts. And the one that I'm familiar with is the one in my area, and yes, they do keep records."

"And so, is it fair to say there've been a number over those fifteen (15) or more years, there've been quite of few people who have used the service?"

"That's correct. And the local police… chiefs of police are enthusiastic supporters of the program."

"And as far as you know, there'd been no incidents of concern with that service, is that also correct?"

"Not that I'm aware of."

"All right. Thank you."

"Thank you."

"Mr. Speaker, Ladies and Gentlemen, to the Bill. This is a very good piece of legislation. It's modeled after something the Boy Scouts did in Connecticut. Other states have done this; other areas have done this. And I think it would be a good idea for many regions of the state to do this. Here's a program that actually saves the lives of teenagers, saved the lives of others who might be on the road. It's a sanctioned program. It's a supervised program. It's a program where teens have learned to call this number; you can get home safely for whatever reason. I can't imagine that this would be something the General Assembly would turn against; in fact, I think it's something we should support and we should encourage other local communities in the State of Illinois to do this to save the lives of teens and to give them options for getting home that are safe for those teenagers. Thank you 09500275.doc 110  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 for bringing this Bill, Representative, and I would urge passage."

"The Lady from Lake, Representative Ryg, for what reason do you rise?"

"Thank you, Mr. Speaker. To the Bill. While the concept of giving kids safe rides so that they get home after they've been drinking without being involved in a crash, has some merit, the concerns are that this sends a very mixed message to kids that it really is okay to drink. It's just not okay to drink and drive. So, there's some new science that I think it's important to be taken into consideration and according to the acting Surgeon General, young people between the ages of twelve (12) and twenty (20) are more likely to use alcohol then use tobacco or illicit drugs. Research shows that many adolescents start to drink at very young ages. In 2003, the average age of first use was about fourteen (14) compared to about seventeen and a half in 1965. We also know through longitudinal epidemiologic studies that people who reported starting to drink before the age of fifteen (15) were four (4) times more likely to meet the criteria for alcohol dependence at some point in their lives. So, while we are trying to provide safe measures for teen drivers, this program in effect sends the message, again, that it's okay to drink, just not drive. We recently passed legislation that reinforced for parents that they face criminal penalties if they host parties even when they take the keys and don't allow the kids to drive. So, while there's no one who has an interest in seeing kids die in unnecessary 09500275.doc 111  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 car crashes, it feels like this program just doesn't go far enough because no questions asked, no adult involvement after the fact, the kids are given an opportunity to party and make the phone call and get a ride home. There's no follow-up in terms of whether they're repeat users, that this is a regular occurrence. And I believe that there are some benefits that could come from a program like this, it just needs to involve more messages of prevention and educate the kids and the families and the communities why this is not a good idea. We have some very strong local community coalitions that have come together around underage drinking prevention, not looking the other way and getting kids home safe. And so, for that reason I think this is a little misdirected and would appreciate if…"

"Bring your remarks to a close."

"Thanks. We'd just like to the Boy Scouts to continue this program, but add more elements of follow-up and prevention. Thank you."

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

"Indicates she will."

"I'm sorry. Did who?"

"No. They… they did not file either in support of nor opposition to in committee."

"Representative, that's an excellent question. The teenagers that are participating in the program go through a multi-hour training program so that they learn how to deal with certain situations and can be, again, trained on things that they might face while they're out there. And in addition, they wear a badge so that they're easily identified by the police. And actually, I did talk with one of the chiefs of police, there have been a couple of students who have been pulled over when they were driving and mostly for equipment violations. But… you know, so the police are very familiar with what the children… what the students are supposed to have when they're driving."

"And I certainly appreciate that, Representative. The legislation has nothing to do with the Safe Rides Program, 09500275.doc 113  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 it only creates, again, a very minimal exemption to the curfew. And again, the chiefs of police in the area that have this program are enthusiastic supporters. They did come down and testify before the Senate committee. We had very short notice and I was… they were unable to change their schedules to be here for the House hearing."

"The Lady from Cook, Representative Mendoza, for what reason do you rise?"

"To the Bill."

"…Bill. Go ahead."

"Ladies and Gentlemen, I sit on the Drivers Ed and Safety Committee as some of you do and I certainly rise in support of this legislation today. I think that while the statistics of teen drinkers are staggering and there's something that should worry and urge us all to action in terms of trying to find ways to curb that, it's nonetheless a stark reality that we're faced with and we have to deal with every day. Having an exception to the curfew law, whether we have one or not, is not going to stop, unfortunately, tomorrow or the night after that or this next weekend or a year from now, teen drinking. But allowing an exception in this particular instance to benefit those teenagers who have proven to be very responsible. They're so responsible and they care so much about their fellow teens that they're willing to sacrifice their weekends. They're willing to be on-call when necessary during the week to make sure that that teenager that they might be friends with, you know, every… any given 09500275.doc 114  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 day of the week at school or they may might even know, can somehow make it home safe. All of us should remember what it was like to be teenagers in school. And I think what this Bill does, it's not so much focused on, you know, trying to punish kids for drinking. It's trying to focus on making sure that lives are not lost. That's the only thing that this Bill will do is will allow us to continue to have a program in place that gives responsible teens the ability to continue to do the responsible thing. And that's to provide a service to their community, to their fellow classmates that recognizes the reality that we live in. That these kids, unfortunately whether we'd like them to or not, some of them end up breaking those rules. And I don't know that a just punishment or a just… I guess, conclusion to that would be to just turn a blind eye to that and let them get in a car accident once they decide to do the wrong thing and get in and drive home. They're not going to start notifying their parents to come pick them up because we don't allow this program to be in place. Their only other option is going to be to risk it and get behind the wheel and hopefully, maybe, if they're lucky enough, make it home safe. I think we have an opportunity here to continue to employ a program that is proven, that has done a good job so far. They have not had one single accident to date that I have heard of and all the contrary, they've been able to get hundreds if not thousands of kids home safely back to their parents. You know, I think this is an issue of parental responsibility as well. We should all know where our kids are at night. We should know if our 09500275.doc 115  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 child is out after 2 a.m. in the morning or after 11 p.m. And if we don't, well, then maybe that's a fault on our part. But I don't think that we should hold a good program that is encompassed and made up of good kids who do want to be responsible. And after they're done dropping off these kids, oftentimes reflect as to why they are thrilled to be making the right decision of not drinking and driving. So, I stand in strong support and would urge you to take the right vote here, and vote 'aye'."

"Gentleman from Jackson, Representative Bost, for what reason do you rise?"

"The Gentleman moves the previous question. All those in favor should say 'aye'; all those opposed say 'no'. The opinion… and the previous question is put. Representative Ryg to close. Nekritz to close. I'm sorry."

"Okay, she wasn't in support of the Bill, so I had… yeah, got to get the right one here. Ladies and Gentlemen, I do think that what this legislation does is correct an unintended consequence of the Graduated Driver’s License Bill. Secretary of State White is in support of this. And I can tell you just a quick story about when there was that tragic accident out in Oswego where five (5) young teens were killed. It's my understanding that one of the teens that was in that car had been trying…"

"Let the Lady complete her… Go ahead."

"Had been trying for four (4) hours to get a ride home and when she finally conceded and got in the car with a 09500275.doc 116  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 drunk driver she was unfortunately killed in 20 minutes. So, I think this is a way of preventing that kind of incident from happening and I know that there were other communities that were wanting to get this program going when we passed the Bill and prevented it. So, I’d urge your 'aye' vote. Thank you."

"So, the question is, 'Shall the House pass Senate Bill 1930?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 93 voting 'aye', 19 voting 'no', 2 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 47 of the Calendar, we have Senate Bill 1939, Representative Smith. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Fulton, Representative Smith."

"Thank you, Mr. Speaker. Ladies and Gentlemen. This legislation would change the… what is in the law currently for school business officials who receive that endorsement on their administrative certificate from the State Board of Education. This would simply allow for two (2) years of university-approved practical experience to be included or to be considered as the two (2) years of administrative experience that is required currently for that endorsement. This is at the request of the School Business Officials 09500275.doc 117  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Association. I know of no opposition. And I'd ask for an 'aye' vote."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 1939?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. We have Senate Bill 1945, Representative Reitz. Read the Bill, Mr. Clerk."

"The Gentleman from Randolph, Representative Reitz."

"Thank you, Mr. Speaker. Senate Bill 1945 expands the definition of 'electronically' in the Grain Code. This will allow people's initiative of the department in a number of ag organizations. It will provide that electronic receipts are valid and forcible… as enforceable as paper receipts. And will also provide reference to the code written that printed receipts will be… will include electronic receipts, as well. And I'd be happy to answer any questions."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 1945?' 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, 09500275.doc 118  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 there are 114 voting 'aye', 0 'nays', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 48 of the Calendar, Representative McGuire, we have Senate Bill 1975. Read the Bill, Mr. Clerk."

"…Speaker. Senate Bill… excuse me… Senate Bill 1975… 1975 passed Judiciary Committee last week with a vote of 12-1-0. And the Bill amends the Criminal Code of 1961 and it provides that the offense of bringing contraband into a penal institution by an employee includes knowingly and without authority bringing or attempting to bring or causing or permitting another person to bring any illicit form of contraband into the penal institution rather than just alcoholic liquor or controlled substance, methamphetamine, or a hypodermic syringe. I would try to answer any questions and I would appreciate your 'aye' vote. Thank you."

"The Lady from Kane, Representative Lindner, for what reason do you rise?"

“Of course.”

"Indicates he will."

"I'm sorry, I couldn't hear the question. Could you…" 09500275.doc 119  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"I don't know that there's a specific prison that has the problem. I would tell you that the Senate Sponsor of the Bill is A.J. Wilhelmi, who is the Senator in the area of Stateville Prison in Joliet. I don't know that there’s been any particular problems. I haven't heard of them, but maybe the Senator has some other knowledge that prompted this Bill."

"They're in favor. As far as I know, they are in favor of the Bill. I would think they would be."

"No. There are no opponents to my knowledge."

"I'm sorry, I can't hear you too good."

"Well, as I mentioned, I think that some of the contraband was mentioned as other than just alcoholic liquor or controlled substance, methamphetamine or hypodermic needle." 09500275.doc 120  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"I don't know that all forms of contra… or all types of contraband are listed. There may be some that the Sponsor… the Senator who drafted the Bill might say, oh, I forgot about that. But I think it would list…"

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

"Indicates he will."

"Yes, Sir."

"Yeah, I did see that myself…"

"…when I was reading the Bill."

"Yeah, Mr. Black, that may well be and I would add that alcoholic liquor and weapons and firearms and firearms ammunition, I think it also somewhere in there explains or mentions cell phones. I think if someone…"

"…left something like this unintentionally in their vehicle while they are at the prison or the facility as their work station or came as a visitor, I would think that that would not be… I'm not sure of what the Senator's intent would be, but I would think that that would not be construed as a violation."

"I think what… what the intent of this Bill is that we're not trying to tell people that that is an offense. And one of the things that I was going to mention to you, this Bill was up in the Judiciary II last week and I'm not sure because it was quite a crowded schedule there. I would have to think that somebody from the Department of Corrections either was there or should've been there to bring up maybe some of the questions that you're asking."

"I don't recall that conversation or question being in the committee, but I don't doubt that if you say so, it must've happened.

“Because it was a very… very busy day in that committee and I don't recall that question coming up."

"Or if Corrections was even there."

"Yeah, Mr. Black, I think, to make things easier, we should take this Bill out of the record temporarily if you have people from Corrections that are on their way over here."

"I certainly would agree to that."

"Thank you."

"That Bill will take… take the Bill out of the record, Mr. Clerk, at the Sponsor's request. On page 48 of the Calendar, we have Senate Bill 1979, Representative Ford. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Ford."

"Thank you, Mr. Speaker. Senate Bill 1979 is a Bill to help create Illinois homeowners assistance for foreclosures. It provides grants for individuals in need of assistance. Right now, there’s the Housing Action of Illinois supports this and IDA also supports it. It passed out of the Senate and I ask for a favorable vote. Take any questions."

"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"

"Indicates he will."

"Yes."

"It's approximately three million (3,000,000)."

"No."

"It's not included at this time."

“Thanks.”

"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 1979?' All those in favor should vote 'aye'; all those opposed vote 'no'. The 09500275.doc 125  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 101 voting 'aye', 12 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. We have Senate Bill 1982, Representative Black. Read the Bill, Mr. Clerk."

"The Gentleman from Vermilion, Representative Black."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 1982?' 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, 09500275.doc 126  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 there are 113 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. We have Senate Bill 1984, Representative Verschoore. Read the Bill, Mr. Clerk."

"The Gentleman from Rock Island, Representative Verschoore."

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. What this Bill does is it’s a soy bean check-off and what it does is right now it's a federal program that the government checks… or does checks off on crops. And it is used for various types of advertisement and different things like that. And what this Bill does is if for some reason the Federal Government would quit collecting this tax, the state would step in and continue to take the tax… or the check-off. I'd be happy to answer any questions."

"Seeing no questions, the question is, 'Shall Senate Bill 1984 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, we have Senate Bill 2012, Representative Soto. Read the Bill, Mr. Clerk."

"The Lady from Cook, Representative Soto."

"Yes. Thank you, Mr. Speaker and Members of the House. Senate Bill 2012 amends the Department of Public Health Powers and Duties (sic-law), creates the Chronic eighteen (18) member Disease Prevention and Health Promotion Task Force to recommend the structure of chronic disease prevention and health promotion system in Illinois, as well as changes to integrate and coordinate efforts in the state and insure constituency and consistency of purpose in the delivery of care. And I'm open for questions. And I urge an 'aye' vote. Thank you."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2012?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 48 of the Calendar, we have Senate Bill 2017, Representative Mautino. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Bureau, Representative Mautino."

"Thank you, Speaker, Ladies and Gentlemen of the House. Senate Bill 2017 is an initiative of the Illinois IEPA and it deals with the National Pollution Discharge Elimination System permit fees. Those are NPDES. This 09500275.doc 128  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 will make a one-time application fee of seven hundred and fifty dollars ($750). The current structure is that five hundred dollars ($500) is paid per year on them. Since these are in many cases multi-year permits, it will be a one time only. They won't have to buy additional annual permits when they're doing a… for construction of storm- water discharges. And I know of no opposition. The construction trades, as well as the municipalities, everyone is in agreement with the EPA on this. And I ask for an 'aye' vote."

Speaker Turner: "The Gentleman from Jasper, Representative Reis, for what…"

"Indicates he will."

"That would be a question more for the EPA. This deals with the structure of the fees. So, I don't know what the past history is. This is simply a change that on multi-year projects instead of five hundred dollars ($500) a year, it would be seven fifty (750) as a one-time fee."

"That may be a good question for the EPA. I appreciate that." 09500275.doc 129  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Well, I'll tell ya what, I have a lot of requests for that as well, but as long as we have to collect them, this actually makes things easier for the multi-year projects. And in fact for most of them is a reductions, it's a one- time fee as opposed to an annual fee that has to be renewed."

"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 2017?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative McGuire on Senate Bill 1975. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Will, Representative McGuire."

"Thank you, again, Mr. Speaker. 1975 we took out of the record for a few minutes to get some clarification. And Representative Black, I think, has the answer to your question."

"The Gentleman from…"

"I'd appreciate the Body's vote." 09500275.doc 130  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"The Gentleman from Vermilion, Representative Black."

"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 1975?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'nays', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 48 of the Calendar, Representative Mathias, we have Senate Bill 2023. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Lake, Representative Mathias."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2023 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Representative Sommer. The Clerk shall take the roll. On this question, there are 92 voting 'aye', 21 voting 'nay', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bellock, we have Senate Bill 2044. Read the Bill, Mr. Clerk."

"The Lady from DuPage, Representative Bellock."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2044?' 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? Bost. The Clerk will take the record. On this question, there are 112 voting 'aye', 1 'nay', 0 'presents'. And this Bill, having received the 09500275.doc 132  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Constitutional Majority, is hereby declared passed. On page 48 of the Calendar, Representative Ryg, we have Senate Bill 2051. Read the Bill, Mr. Clerk."

"The Lady from Lake, Representative Ryg."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2051 amends the Criminal Code of 1961 to expand the definition of ‘peace officer’ to include United States Department of Defense peace officers meeting the minimum training standards of the Illinois Law Enforcement Training Standards Board for peace officers of units of local government. This authorizes the City of North Chicago to enter an agreement with Great Lakes Navel Station to oversee the officers so that there's continuity of police enforcement. There's no opposition and I'm happy to answer any questions."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2051?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Howard on Senate Bill 2053. Read the Bill, Mr. Clerk."

"The Lady from Cook, Representative Howard." 09500275.doc 133  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Yes. Thank you, Mr. Speaker. Senate Bill 2053 is an initiative of the State Police resulting from a cooperative effort with the Illinois Association of Court Clerks. It amends the Criminal Identification Act by providing that a circuit clerk may charge a fee equivalent to the cost associated with the sealing or expungement of records by the clerk. Currently, each county charges a fee set by the individual county for the cost of sealing or expunging records. The fee charge by the circuit clerk under this Bill would not be in addition to the current county fee, but instead a ten dollar ($10) diversion from the usual county fee. And I'll stop at this point and I will answer questions."

"The Lady from Kane, Representative Lindner, for what reason do you rise?"

"Indicates she will."

"That is correct. It amends an Act that is already on the books."

"Well, we're trying to make certain that there is money available for both the State Police and the Circuit Court Clerks."

"But no new fees, it’s the same money that's already being collected. Some of it is just being diverted into 09500275.doc 134  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 other funds. And there, as I understand, are no objections.”

“Everybody's agreed with this."

"No, this is just…"

"…to help those entities that are already involved in the process be able to get paid for what they do. Right now, the clerks get no money at all. And so, we're just saying that part of the fee that's already collected would go to the clerk."

"Of the Illinois State Police."

"Thank you."

"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 2053?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative McCarthy on Senate Bill 2070. Read the Bill, Mr. Clerk." 09500275.doc 135  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

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

"Well, Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 2070 amends the Fire Department Promotion Act. It's an agreed Bill between the Associated Fire Fighters of Illinois and the fire districts. It also has the approval of the State Fire Marshal for the duties ascribed to him by this legislation. It passed the Senate 54-0 and I would appreciate your favorable consideration."

Speaker Turner: "Seeing… The Gentleman from Vermilion, Representative Black, for what reason do you rise?"

"He indicates he will."

"That is… I don't have that understanding. You could be correct; I can't say your incorrect, but I was told during the committee hearing by the one person that testified that it was… that they were agreed. I did contact the State Fire Marshal because they were not at the committee and they said they have no problem with the duties as ascribed to them in the Bill."

"I agree with that." 09500275.doc 136  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 2070?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Leitch, we have Senate Bill 2071. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Peoria, Representative Leitch."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2071?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Representative Black. The Clerk shall take the 09500275.doc 137  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 record. On this question, there are 75 voting 'aye', 38 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Leitch, we have Senate Bill 2077. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Peoria, Representatives Leitch."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2077?' 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? Reitz. The Clerk shall take the record. On this question, there are 68 voting 'aye', 45 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lang on Senate Bill 2080. Read the Bill, Mr. Clerk." 09500275.doc 138  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"The Gentleman from Cook, Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a rewrite of parts of the Uniform Commercial Code. It's become a model Act across the country. I know of no opposition."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2080?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 voting 'aye', 0 'noes', 1 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Beiser on Senate Bill 2162. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Madison, Representative Beiser."

"Thank you Mr. Speaker and Members of the House. Senate Bill 2162 allows for a special annexation agreement for the City of Alton at the request of a property owner that desires their city services. There was some concerns raised in committee and we've worked it out that… I would like to read for legislative intent this into the record that take… should take care of those concerns. It is not the intent of Senate Bill 2162 to authorize in any manner the annexation of additional territory to a municipality 09500275.doc 139  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 which is not contiguous, in fact, to… to a municipality simply by reason of such territory being contiguous to property, which is a subject of an annexation agreement under Sections 11-15.1-1 and 11-15.1-2.1 of the Illinois Municipal Court. Nor is it in the intent of the Bill that any properties subject to an annexation agreement under Sections 11-15.1-1 and 11-15.1-2.1 will be the subject to ad valorem real estate taxes of a municipality prior to the actual legal annexation of subject property to a municipality in fact. Again, this was requested by the property owner. This concern addresses the issues raised by the fire protection district and I think that that takes care of the concerns. I'd ask for an 'aye' vote and be happy to answer any questions should there be any."

Speaker Turner: "The Gentleman from Jasper, Representative Reis."

"Indicates he will."

"That I'm not certain of, Representative Reis. They did not… I have not talked to them. They have not talked to me about their concerns. When I saw this, I was a little bit surprised by it, but I do not…"

"…I could not answer…"

"Yes, that does."

"But again, I have not talked to them. So, I'm not aware if this does… does take away their opposition or if… if it remains in fact."

"Again David, I don't… they did not speak to me about it, so I do not know what their opposition was."

"No. This… this legislative…"

"Yeah. This… this… I'm sorry to… if I was miscommunicated. This legislative intent was at the request of the fire protection district along with sever… Fosterburg agreed to this legislative intent through their corporate counsel and through the fire protection district lobbyist."

"Yes."

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

"Indicates he will."

"Certainly."

"In the small piece of property or piece of land that would be between where the city ends now and where this would be this ad… agreement would take effect, I think there are four (4) homes. It's not their desire to become… to come into the city, nor is it the desire of the city to annex them and part of the legislative intent was to deal with that also. 'Cause the fire protection district also expressed those concerns for those residents, but it's… it's not intended to…"

"Okay."

"You know, and that's part of what the legislative intent was intended to do, was to say that it is just for this parcel of property as outlined in this. Now I… that's what the… we meant to do right off the get-go, but there were some concerns raised that much like we could leap frog for lack of a better term and the legislative intent as described says that that is not the intent of this, but I don't know if I'm answering your question to your…"

"Right."

"Yeah. And in this case, the… the owner of the property requesting this, because it's services that only the city could provide. They did take it upon themselves to suggest that… to these homeowners, they may want to consider it. They said they did not want to and the city respects that the land… the property owners that would like to have the city services respect that and that's why we… we want it to be as specific as possible with the intent of this legislation that would not include those."

"You're welcome."

"Seeing no further questions, the question is 'Shall the House pass Senate Bill 2162?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 51 voting 'aye', 62 voting 'no'. The Gentleman requests, Postponed Consideration. Leave is granted. We have Senate Bill 2182, Representative Mathias. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Lake, Representative Mathias."

"Seeing no further questions… I'm sorry. The Gentleman from Vermilion, Representative Black, for what reason do you rise?"

"He indicates he will." 09500275.doc 144  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"The Gentleman from Iroquois, Representative Cultra, for what reason do you rise?"

"Indicates he will."

"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 2182?' 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? Kosel? Clerk shall take the record. On this question, there are 108 voting 'aye', 1 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. 09500275.doc 146  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Representative Reitz on House Bill 2187. Read the Bill, Mr. Clerk. Sorry, Senate Bill 2187. Read the Bill, Mr. Clerk."

"The Gentleman from Randolph, Representative Reitz."

"Thank you, Mr. Speaker. Senate Bill 2187 is an initiative of the Department of Professional Reg… Department of Insurance, excuse me, in trying to deal with a concern that has come up with vehicle… vehicle protection products for warranties and things of that nature. This will allow people to be deemed as being a… in a bankruptcy proceeding if they… if they get to that, it will allow them to recoup their money and that's about it."

"Seeing no… seeing no further questions the question is, 'Shall the House pass Senate Bill 2187?' 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? Clerk shall take the record. On this question, there are 110 voting 'aye', 0 'noes', 0 ‘presents.’ And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 49 of the Calendar, we have Senate Bill 2190. Representative Mathias. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Lake, Representative Mathias." 09500275.doc 147  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Seeing no questions, the question is 'Shall the House pass Senate Bill 2190?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bost, on Senate Bill 2191. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Jackson, Representative Bost."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2191?' 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? McGuire? The Clerk shall take the record. On this question, there are 110 voting 'aye', 0 'nays', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Reboletti, on Senate Bill 2198. Out of the record. Representative Feigenholtz… Out of the record. Representative Feigenholtz on Senate Bill 2199. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker. This is a planning committee Bill for older adult services. I'd be glad to answer any questions."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 2199?' 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… The Clerk shall take the record. On this question, there are 110 voting 'aye', 0 'nays', 0 'presents'. And this Bill, having received the Constitutional Majority is hereby declared passed. On page 09500275.doc 149  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 47 of the Calendar, we have Senate Bill 1920. Representative Ryg. Read the Bill, Mr. Clerk."

"The Lady from Lake, Representative Ryg."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 1920 addresses outstanding issues for mass transit on a statewide basis. It increases the transparency by requiring the Collar County Boards to annually report expenditures and obligations received from the counties’ portion of RTA sales tax and it requires public hearings prior to fare increases. It responds to paratransit needs by providing free rides for persons with disabilities who qualify for the Circuit Breaker Program. It adds the commissioner from the Mayor’s Office with persons with disabilities to the Pace board. It maintains the farebox recovery ratio for paratransit at 10 percent and exempts the total cost of required free services from farebox recovery for downstate transit systems. Corrects a drafting error in the state match formula and addresses a problem with the CTA retiree health care eligibility window which was an unintended consequence of the delay in passing the Mass Transit Funding and Reform Bill. Happy to answer any questions."

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

"State your inquiry." 09500275.doc 150  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"I'm sure she's not being deliber…"

"It's getting a little late in the day, so we will try to see if we can raise her volume."

"In fact, if she would…"

"It's dinner time."

"Representa… Representative Ryg, would you care to speak a little louder and try it one more time. I think Representative Black has the right volume for this place and if you could just lift it up just a little."

"I… I'm happy to repeat my comments and I do apologize for the cold that perhaps is affecting my ability to project. I will try again."

"Pull that microphone just a little closer." 09500275.doc 151  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Senate Bill 1920."

"There you go."

"Thank you. Thank you."

"It gets in the way of that beautiful face, but keep it close."

"Thank you."

"Try it again."

"Senate Bill 1920 addresses outstanding issues for mass transit on a statewide basis. It increases the transparency by requiring the Collar County Boards to annually report expenditures and obligations received from the counties’ portion of the RTA sales tax and requires public hearings prior to the service boards imposing fare increases. This Bill also responds to paratransit needs by providing free rides for persons with disabilities who qualify for the Circuit Breaker Program which applies an income criteria. The Bill adds the commissioner from the mayor’s office of persons with disabilities to the Pace Board, maintains the farebox recovery ratio for paratransit at 10 percent, exempts the total cost of required free services from farebox recovery for downstate transit systems. The Bill corrects a drafting error in the state match formula and addresses a problem with the CTA retiree health care eligibility window which was an unintended consequence of the delay in passing the Mass Transit Funding and Reform Bill. I'm happy to answer any questions."

"The Gentleman from Vermilion, Representative Black." 09500275.doc 152  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Indicates she will."

"No. In fact, if the RTA… well, the RTA doesn't set fares, but if it’s service board had an interest in raising fares, then we would, in fact, require them to hold public hearings."

"The service boards make that recommendation to the RTA."

"There's no change in how the…"

"Well, this is a compilation of issues that were not resolved by the original legislation or came up afterwards. And so, while the fares… the service boards would vote on their fares and then run that by the RTA, we… we did 09500275.doc 153  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 require that there be public hearings. As you may recall, Metra raised the fares without public hearings just prior to the passage of the Bill."

"There is a list of about ten (10) items that were compiled from the aftermath of the Mass Transit Funding and Reform Bill. The formulas for fares, the formulas for distribution to the service board, the formulas for the collar counties sales tax all stay the same."

"We're just requiring…"

"…more accountability, transparency. As you'll recall, this chamber passed a Bill to the Senate that would have allowed for seniors and persons with disabilities to qualify for free rides under Circuit Breaker. Seniors are getting free rides statewide. We've addressed that for the downstate transit systems in terms of farebox recovery and we're now going to expand the service to disabled persons, but it… they have to qualify by an income criteria…"

"…through Circuit Breaker."

"It does… it does. It reinstates the…"

"…10 percent farebox recovery ratio which… for the RTA region. It also provides that the downstate transit systems farebox recovery ratio is adjusted to reflect that they're now required to offer free rides to seniors."

"This is for paratransit only."

"The farebox recovery issues be… became complicated after we started to offer free rides to seniors. And so that had an impact on the ratio and we had to adjust the opportunity for the service boards to me… meet that farebox recovery…"

"…the 12 percent that was in the Bill when we adjusted paratransit statewide is no longer able…"

"…to be met without huge fare increase on those disabled riders."

"Yes."

"Yes." 09500275.doc 155  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"I believe there were plenty of opportunities for people to understand that when the Governor made that announcement."

"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"

"Indicates she will."

"It requires that they do an annual reporting of the receipts from the quarter percent that's collected in the collar counties and their expenditures and obligations of how they're using those funds."

"Right. If you'll recall, that money was authorized for the purposes of transit, transportation, and public safety. So, this requirement will provide transparency so the taxpayers can see how much money is being collected through that sales tax and how it's being spent." 09500275.doc 156  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"They're a proponent."

"Yes."

"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 1920?' 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. There are 96 voting 'aye', 15 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Bond, Representative Stephens, for what reason do you rise?"

"State your inquiry."

"Fire marshal?"

"Rose's desk?"

"And there's a fire?"

Speaker Turner: "Fire hazard. Okay. On page 56 of the Calendar, we have Senate Bill 1129, Representative Hannig. Read the Bill, Mr. Clerk."

"The Gentleman from Montgomery, Representative Hannig."

"Thank you, Mr. Speaker and Members of the House. This was the Bill that was debated substantially earlier in the day before the Republicans went to caucus. It deals with about ten (10) small agencies and less than ten million dollars ($10,000,000) in GRF. So, I'd be happy to answer any questions. I'd ask for your 'yes' vote."

"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"

"Indicates he will."

"It… it includes complete budgets for the Capital Development Board operations, the Drycleaning (sic- Drycleaner) Environmental Response Trust Fund Council, the Education Labor Relation Board, the East St. Louis Financial Advisory Authority, the Workers' Compensation Commission, the State University Civil Service System, the 09500275.doc 158  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Labor Relations Board, the Southwestern Illinois Development Authority, and the Upper Illinois River Valley Development Authority."

"Four (4)."

"That will comprise as the… the spending plan."

"Repre… Over last year’s, I don't have that information at this time, Representative. These are basically at the Governor’s introduced."

"Yes."

"Representative, there's… I don't have that figure today."

"I believe there is rev…"

"There is revenue growth." 09500275.doc 159  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"I think that we would all agree to that."

"Representative, this is just a spending plan that spends ten million dollars ($10,000,000) and I think we can easily find a way to support it."

"I'm… I'm simply making the point that we have a ten million dollar ($10,000,000) appropriation in front of us and I would simply suggest that we would probably raise enough money to fund this budget next year."

"This particular budget, ten million (10,000,000)."

"I think everyone would agree that there'll be additional revenue, Representative."

"The economy typically grows."

"Representative, this is a spending Bill. I'll be happy to comm… I'll be happy to answer any questions about it."

"So, Representative, the other two (2) Bills are not even filed yet. So, you know, maybe your side would like to present some Amendments and change those spending levels. Maybe my side would like to present some Amendments and change those levels. I can't, you know, I can't say…"

"Bring your remarks to a close, Representative Eddy."

"Your request will be honored. The Gentleman from Winnebago, Representative Winters, for what reason do you rise?"

"Indicates he will."

"I… I didn't und… I didn't hear your question. I'm sorry."

"In millions?"

"So, I show 1.4 million (1,400,000) in GRF for education. East St. Louis is a quarter of a million (250,000), 1.2 million (1,200,000) in the state universities…"

"Oh, you want to look at the… the other lines as well? Yeah, so we have other funds as well, Representative, so…"

"It is. It's dealing with all funds."

"That's correct."

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

"Yes, Representative. That's a fund that has… it's paid… it's paid by fees from drycleaners. So it's typ… it's available then to clean up spills or problems that would be found around the state and it's…"

"This isn't… this does not… this Bill does not authorize any sweeps. No."

"Well, Representative, in many ways it's not that different from what we do with substantive Bills, but… a House Bill goes to the Senate and an identical Senate Bill goes to the House and maybe they both go to the Governor's desk and he has to decide which ones he is going to sign or maybe he's going to veto them both. So, we are not the only piece of the puzzle. We are one part of the equation of putting together a budget but we work with the Senate and the Governor. So, we'll continue to do that. In the end, the Governor will have to take his turn at bat and decide if he wants to sign the budget in it's entirety or reduce some spending."

"Right."

"I think we're just trying to respond to the… trying to respond to what we've heard on this floor, the criticism of having one budget, one Bill, take it or leave it, now we have some options, a series of Bills. The Senate took a different view. We're going to give them a chance to be heard here in the House and… and that’s the way the process typically works. It's a give and a take."

"We've taken a view that we would try to negotiate and come to some understanding with our colleagues in the Senate Democratic Caucus and put these Bills on the Senate Bills. The first step was simply to pass these two (2) small items on to the Governor and then try to resolve the bigger agencies on two (2) additional Senate Bills."

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

"Indicates he will."

"I… I think that's generally true, Representative."

"The… the items…"

"No. They assume that… that the continuing appropriation language that's in place now will not be repealed and will… will be the way that they will make sure that the entire pension payment is made."

"Yeah."

"You're correct at this…"

"Well, Representative, I… I think the way that you need to look at this is that the Governor has made a proposal and he has said that we should do this with pension obligation bonds. That's passed the Senate. It's pending here in the House. It may happen, but then again it may not and you say, well, then what if it doesn't. If it doesn't then the continuing appropriation language kicks in and the pension systems are held harmless and everyone gets their pay. So, I don't think there's any real risk here. It's just a question of how do we want to make the payment. Do we want to appropriate it, or do we want to allow the continuing appropriation language to kick in."

"No. The purpose of the continuing appropriation is to make sure that the certified amount is paid and so, the certified amount will be paid whether we appropriate or not."

"Well, Representative, we don't know if a pension obligation bond will pass this House or not. A few weeks ago we were hearing complaints about, well, when the Governor doesn't make the last two (2) state payments. Well, now he decided that he would. So, we don't know that it'll pass or it won't pass, but I think the important point is that the pensions will be paid in full and at the end of the day the Governor has to manage the budget. So, if some item that he proposed as a revenue stream fails, then he has to ensure that there's enough money to pay the budget that we pass and he may have to reduce some items. It certainly could be possible that he has to use his Veto pen. No one is denying that but…"

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

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

"To the Bill."

"Bring your remarks to a close."

"I'd like to remind the Body that there has been a request for verification. So, all Members should punch their own buttons and be at their seats and prepared to address that verification. So, the question is, 'Shall House Bill… Senate Bill 1129 pass?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. All Members should punch their own switch. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 61 voting 'aye', 49 voting 'no', 0 'presents. And Representative Eddy."

"Mr. Clerk, read the affirmatives." 09500275.doc 174  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Representative Eddy."

"Representative Mautino. The Gentleman is in the rear of the chamber."

"The Members would be in their chairs this will make this a lot easier."

"Standing in front of his chair."

"Representative Verschoore is in his seat."

"So, on this question, there's 61 voting 'aye', 49 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared pass. Mr. Clerk, Rules Report." 09500275.doc 175  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Representative Currie for a Motion."

"Thank you, Speaker. I move to suspend the posting requirement so that Senate Bill 2743 could be heard in the Juvenile Justice Reform Committee, House Resolution 1307 in State Government Administration, and House Joint Resolution 10 in the Executive Committee."

"Representative Currie moves for the suspension notice on those previously mentioned Bills. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the suspension is granted. On page 6 of the Calendar, we have House Bill… Senate… no, House Bill 3741. Representative Hannig. Read the Bill, Mr. Clerk."

"Representative Hannig on Amendment #1." 09500275.doc 176  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Yes, Mr. Speaker and Members of the House. This is the budget implementation language and I'd ask to adopt the Amendment and then I'll be happy to explain it."

"Representative Hannig moves for the adoption of Amendment #1 to Senate… to House Bill 3741. 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 Mr. Clerk?"

"Representative Hannig moves for the adoption of Floor Amendment #2 to House Bill 3741. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment’s adopted. Further Amendments, Mr. Clerk?"

Speaker Turner: "Representative Hannig, the Gentleman from Montgomery."

"Yes. I filed a Motion in writing, Mr. Speaker, to reconsider the vote by which Amendment #1 was adopted."

"Motion was to table…"

"But at this time, let's just take the Bill out of the record."

"The Gentleman from Montgomery, Representative Hannig."

"If I might, Mr. Speaker and Members of the House, I'm advised that the correct Motion is to table Amendment #1." 09500275.doc 177  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Representative Hannig asks to table Amendment #1 and on that, the Gentleman from… Representative Kendall… I mean, the Gentleman from Kendall, Representative Cross."

Speaker Turner: "Two (2) is what I've been informed, Representative."

"Probably 3742."

"Why not?"

"That's the plan."

Speaker Turner: "So, Representative Hannig moves to table Amendment #1 to House Bill 3741. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 is tabled. Mr. Clerk, further Amendments?"

"Third Reading. Mr. Clerk, read House Bill 3741."

"The Gentleman from Montgomery, Representative Hannig." 09500275.doc 178  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Yes. Thank you, Mr. Speaker and Members of the House. This budget implementation Bill would correspond to the growth budgets that the House of Representatives passed earlier in the month. It does a number of items and let me try to move through them as quickly as I can. It does the transitional assistance for schools, it increases the foundation level by three hundred (300), it deals with the poverty grant hold harmless, it creates the civic education advancement program, the special education personnel reimbursements, in the area of human services it codifies the AIDS drug assistance program, ADAP, it freezes the nursing home rates, it… staff pay increases at the ICFDD facilities, some provider rate increases. It deals with the multiple sclerosis home services, the Human Services Priority Capitol Fund, some additional items that we would also have to duplicate in this budget implementation Bill dealing with the Secretary of State, dealing with DHS, doing a transfer to the Abraham Lincoln Presidential Library, Violence Prevention Fund would get a transfer, the Income Tax Refund Fund would be reset. These are… these are the items along with a few others that are in the budget implementation Bill. Again, this would correspond to the budget implementation budget that we passed earlier in this month at the growth level with the House Bills that passed the House. So, I'd be happy to answer any questions and I'd ask for your 'yes' vote."

Speaker Turner: "Then Gentleman from Kane, Representative Schmitz, for what reason do you rise?"

"Indicates he will."

"This would be…"

"This would be for the budget that we passed that was the higher of the two (2). So, in other words, it had some growth."

"This is the budget that would have the higher grants than the… than the first budget."

"No. There was the… only two, Representative. There was a no growth grant line budget and then there was a budget that had grant lines that had some growth and this would correspond to the latter."

"I think they’re under consideration by the Senate and we would, in order to make that proposal complete, we need to send them budget implementation language."

"We will probably have to do a set of… of budget implementation Bills that would correspond to any changes that we might come to that are different than the budgets we sent over there."

"For the House Bills. That's correct."

"I… I don't have a total, Representative. It was a series of Bills that you might recall that… that had some options that were available to the Senate."

"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"

"This is a budget implementation Bill. It doesn't spend money."

"Representative, we sent twenty-eight (28) Bills to the Senate for their consideration. We don't know what actions they might take. The actions we took here in the House, was simply final action in the House. They could reduce those budgets. They could increase them. They could send them on to the Governor. So…"

"Well, Representative, in a system where we pass Bills to the Senate and they pass Bills to the Governor and the Governor made changes that he felt were appropriate, we 09500275.doc 182  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 would simply have a balanced budget that the Governor would manage and I think that's the goal at the end of the day."

"So, the Governor made some suggestions on what he would say were ways we could find additional money. We may or may not implement those before we leave, but we wanted to pass a spending Bill and we did pass a spending Bill over to the Senate. Now, this is the budget implementation part of that to make it work. Now, it's… it's a work in progress. It's not the final pro… you know, final program. The… the Senate has some options over there; they have twenty-eight (28) Bills. Some of them address the same agency in different ways, so."

"Well, Representative, the option would be is if the Governor believes that the budget we ultimately send him is out of balance, he has the ability, and I would say the obligation, to reduce those items in the budget and then we would have an opportunity during the Veto Session to say whether we agreed with him or not. So…"

"…that's the process."

"No, Representative."

"This… this is just the spending plan." 09500275.doc 184  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Bring your remarks to a close, Representative Eddy. The Lady from Cook, Representative Bassi, for what reason do you rise?"

"Indicates he will."

"It's three… three hundred dollars ($300), Representative."

"It's… it's a companion to the Bill that we passed in the appropriations."

"The one that we passed in the House."

"It's in the Senate."

"I don't remember, Representative."

"No, Representative. There's only…"

"…there's only two (2) levels. There's the no growth and then there's a budget with growth." 09500275.doc 185  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Yes. This makes the next… the next step up that we had begun last year in ‘08. So…"

"Yeah. So, we increased a special education personnel reimbursement rate from nine thousand dollars ($9,000) per certified staff to ten (10) and from…"

"And from thirty-five hundred (3500) to four thousand (4,000)."

"The Governor proposed three hundred million (300,000,000) and I think our number was somewhere around five fifty (550)."

"It comes… you know the Comptroller collect the money, Representative, and the Treasurer collects the money when we pay." 09500275.doc 186  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Representative, this is what we believe would be available if the Governor would sign the high… the higher of the two (2) House budgets, the growth budget. Now, if the Governor believes that that's not an appropriate amount, he has an ability to change that."

"We've done that…"

"In this Bill, yes."

"We seem to be doing that. We seem to have done that for dozens of years now and so it's become almost a normal part of the budget making process."

Speaker Turner: "The Gentleman from Jackson, Representative Bost, for what reason do you rise?" 09500275.doc 187  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"This is a budget implementation so it does not address any Correction issues."

"No."

"That was in the spending Bill we passed earlier in the month."

"That's correct."

"We put the money in that at the amounts that AFSCME felt was appropriate."

"Yes."

"Well, Representative, we're using a process to try to pass a budget. This is how we've done it for many, many years and it seemed to have always worked for Governor Thompson and Governor Edgar and why can't it work today?"

"Now, that would be the process where we would have the one Bill…"

"…and one item…"

"…and there was much complaint about that."

"Sometimes we did and sometimes we didn't." 09500275.doc 189  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"I don't that's…"

"Representative, even if the higher growth budget, people were in my office complaining that it wasn't enough."

"Representative, we put together a budget that's based on what the appropriation chairman and committee Members have indicated that they thought it was appropriate and at the levels that they thought was appropriate. Now, I think that's the way that the committees are supposed to function. Now, your Members were on the committees as well and they had an opportunity to speak as well. You had an opportunity to propose Amendments, as well. So, you know, that's the process, Representative." 09500275.doc 190  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"I don't see movies, Representative."

Speaker Turner: "Bring your remarks to a close, Representative." 09500275.doc 191  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"The Gentleman from Winnebago, Representative Winters, for what reason do you rise?"

"Indicates he will."

"Right. So…"

"Yeah. That's exactly what we did last year when… you probably voted for it."

"I thought you were with us on last year’s budget."

"Well, it… it would increase the deficit that somebody on your side of the aisle says exists by an equal amount if you take the money out of GRF and so…"

"So, Representative, if you… if you're saying that there's a lot of extra revenue maybe we should increase spending by two hundred million dollars ($200,000,000), as well. That would be another option and why don't you offer an Amendment? We might support you." 09500275.doc 193  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"It's…"

"It's… no…"

"We're allowing the State Police and the Secretary of State to use a certain amount of motor fuel money for the operations that they run."

"But it…"

"…and we…"

"Representative Joe Lyons in the Chair. The Chair recognizes the Lady from Cook, Representative Rosemary Mulligan."

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

"Indicates he will."

"State your inquiry."

"We will take…"

"Indicates he will."

"Well, actually, this is just a budget implementation."

"Well Representative, this… this is…"

"This is a little bit along the lines of what we do every day in this chamber. We pass a Bill to do this and 09500275.doc 198  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 then we pass a Bill to do that and somebody says didn't those… those aren't exactly… they don't exactly fit together, but we'll give the Senate some choices and we do that on substantive Bills and we can do… we've done that in the past with appropriation Bills. There's a… there's a… any number of ways that you can get to a final budget. You can agree…"

"…with it…"

"…on the front end and pass one Bill and say it's agreed or you can work through the process more…"

"…more along these lines."

"He's trying to get the spelling of your name and take it off that list."

"He’s got that fit."

"Seeing no further questions, Representative Hannig to close." 09500275.doc 200  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Yes. Thank you, Mr. Speaker and Members of the House. This is a budget implementation Bill. Most of these items are in the budget implementations, year-in and year-out. Almost all of us have voted for some of these items in this budget implementation over the years, so it's not a new idea. It's something that we need to do to make budgets work and I'd simply ask for a 'yes' vote."

"The question is, 'Shall the House pass House Bill 3741?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 62 voting 'aye', 46 voting 'no', 1 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 60 of the Calendar, we have House Bill 3742. Read the Bill, Mr. Clerk."

"The Gentleman from Montgomery, Representative Hannig moves…"

"Withdraw #1."

"…withdraw Amendment #1. Further Amendments?"

Speaker Turner: "Representative Hannig on Amendment #2. Representative Hannig moves for the adoption of Amendment 09500275.doc 201  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 #2 to House Bill 3742. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #2 is adopted. Further Amendments?"

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

"The Gentleman from Montgomery, Representative Hannig on 3742."

"Yes. Thank you, Mr. Speaker and Members of the House. This is the budget implementation Bill that would fit with any of the… either of the two (2) Bills that we sent over to the Senate or any combinations thereof. Most of these items, again, are items that we've done in the past. The transfers to the Professional Service Fund, the transfers to the Workers’ Compensation Revolving Fund, the 2 percent transferability among lines, the Alternative Retirement Program that the Governor's offered for a number of years, the Department of Aging and transfer between Community Care Program appropriation lines, and the Public Health Administration of emergency medical services. So, those six (6) items, I don't believe that any of them are brand new. One of them codifies existing practice, but for the most part these are things that we've done for a number of years. I'd be happy to answer any questions and ask for a 'yes' vote." 09500275.doc 202  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Seeing no questions, the question is 'Shall the House pass… Sorry. The Lady from Cook, Representative Mulligan."

"Seeing no further questions, the question is 'Shall the House pass House Bill 3742?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there's 62 voting 'aye', 47 voting 'no', 0 'presents. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 58 of the Calendar, we have Senate Bill 2292, Mr. Joyce. Read the Bill, Mr. Clerk."

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

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

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2292 is a Metropolitan Water 09500275.doc 203  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Reclamation District Bill which includes four (4) different provisions. The first of which deals with charges against employees and that must be filed within thirty (30) days after they are suspended. The board must conduct an investigation and hold a hearing within a hundred and twenty (120) days of that suspension and the employee must consent to any continuances of the matter, along with giving the employee a right for a rehearing or an appeal of any decision to the Circuit Court. Another section was adopted… was actually passed in a previous Bill by Representative Riley dealing with the annexing of property in the Village of Matteson and the Village of Olympia Fields which lies in the Metropolitan Water Reclamation District’s cooperate boundaries. Another… another provision allows that the pension board be changed to seven (7) Members instead of currently which is five (5). Three (3) would be appointed by the MWRD and four (4) would be elected by the employees. And the final provision in the Bill amends the MWRD’s enabling statute by changing ref… references to certain titles and departments and these do not, in fact… do not effect pay grades or anything else, it's just antiquated language and they would be brought into updated titles that are similar to current municipal governments. I'd be happy to answer any questions."

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

"Indicates he will." 09500275.doc 204  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"That's correct and I think it was from a timing… timing standpoint as far as getting the Bills over to the Senate and passed out on time."

"Correct. Correct. So, now a majority of the board members would be elected by the employees."

"That… that's correct."

"I believe… I believe they are staggered."

"I think that it's unpaid. It's unpaid."

"Unpaid."

"Seeing no ques… no further questions, the question is, 'Shall the House pass Senate Bill 2292?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 68 voting 'aye', 40 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 53 of the Calendar, Representative Arroyo, we have Senate Bill 2596. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker, Members of the House. Senate Bill 2596, this Bill seeks some middle ground between vehicular homicide and a simple traffic ticket for the drivers of a vehicle causing serious physical injury or death to a vulnerable user. The Amendment this Bill adds a new definition to the existing offense ‘reckless homicide; increases the penalty from a Class III to a Class II felony’; reckless conduct increases the penalty from a Class A misdemeanor to a Class IV felony, for endangering or injuring… injuring. The Amendment permits a fine of up to ten thousand dollars ($10,000). Many people lawfully 09500275.doc 206  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 use the public way without use of a car. These users are more vulnerable because they don't have the prop… the protective shield of a car around them. Vulnerable users… vulnerable users include but are not limited to pedestrians, people riding horses or farm tractors, motorcycles or… motorcycles or bicycles. They have to be used public way in a lawful way. This Bill is based on a… on an exiting law in the State of Oregon and it also brought to my office by the Chicago Bicycle Federation. I ask for a favorable vote."

"The Gentleman from Champaign, Representative Rose, for what reason do you rise?"

"Yeah."

"I can't hear you."

"Reckless homicide and reckless conduct."

"Both."

"It's both."

"Yes."

"Excuse me?"

"I had the Bicycle Federation come to me with this Bill because I had three (3) people in my district that was killed last year and a couple months ago in the Logan Square area."

"Yes."

"well, they were either on the cell phone, I don't remember what exactly the cause was, but they weren't…"

"We're not changing the definition of reckless."

"No. This is just reckless driving."

"Well, I'm not sure if they were convicted. I didn't pay attention to it, but the Bicycle Federation brought it to my district because the people that got killed in my district. I don't know if they were convicted. I don't know how far the case went in court, but we're trying to 09500275.doc 208  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 protect the people that are using motorcycles, bicycles, wheelchairs, you know, they don’t…"

"Well, that's mainly up to the judge to determine the recommendation."

"I'm not sure, Representative Rose."

"Representative Joe Lyons back in the Chair. The Chair recognizes the Gentleman from DuPage, Representative Reboletti."

"The Sponsor yields."

"No."

"Representative, what we're trying to do is highlight to the driver so they can pay attention to… when there on the road for the vulnerable users. Somebody that doesn't have a cage, a tractor or somebody on the road that doesn't have air bags and stuff like that, so they don't get hit. That's what we're tying to do; that's why we're trying to put a fine on it."

"Thank you."

Speaker Lyons: "Chair recognizes the Gentleman from Cook, Representative John Fritchey."

"Thank you… thank you, Speaker. To the Bill and let me see if I could potentially add a little bit of light on this thing. Nothing in this legislation's redefining the underlying Act. We're raising penalties based on the classification of the victim, the same way that we've done with aggravated battery or other offenses. So, nothing’s being done with the creating a new category of conduct. What we're doing is defining a heightened penalty based on the category of victim. So, when you now have what's going 09500275.doc 211  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 to be classified as a vulnerable user there will be a stiffer penalty. I… I… Hopefully, that will clear it up somewhat. If it doesn't… if you have a question about what defines ‘reckless conduct,’ let's go into the underlying Criminal Code and deal with that. If you want to deal with mandatory sentencing on these issues a whole 'nother issue. But what this Bill does essentially is very simple. It simply says in those situations where reckless conduct was involved and you had a vulnerable user, there will be a stiffer penalty. We've had instances in Champaign, with Ur… Urbana, we've had multiple instances up in Chicago with cyclists and other individuals that have been hit, injured, killed, by reckless drivers. And what we're trying to do is have a heightened penalty and recognize that drivers do need to be more aware of these vulnerable users, whether it is a highway worker by the side of the road, whether it is a pedestrian, whether it is a farmer, whether it is somebody on a bicycle or a skateboard or a motorcycle. And in those situations, there will be a stiffer penalty for that conduct in this case. I hope that that's helped clarified. It may not have, but it's the best I can do for right now."

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

"Sponsor yields."

"It's in the Bill right now."

"You're asking where is it or what is it?"

"Any… anybody who's lawfully on the roadway… on the public way who doesn't have a protective shield. It could be riding… it could be a pedestrian any kind of persons walking across the street, somebody with a wheelchair."

"It's Section (a-20) purple… vulnerable users in the public ways. That's what it means."

"That… that mostly would be up to a judge or a prosecutor."

"My intent is to protect the pedestrian or somebody that's in the roadway crossing the street."

"No. No. That's not the intent."

"Could you repeat that again, please?"

"No."

"No, thank you. I don't… not right now, I don't have time."

"I want to call…"

"I want to call the Bill like it's…"

"Thank you."

"Representative Arroyo to close."

"Thank you and I ask for a favorable vote."

Speaker Lyons: "The question is, 'Should Senate Bill 2596 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? Dan Reitz, Kosel? Mr. Clerk, take the record. On this Bill, there are 87 Members voting 'yes', 22 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 44 of the Calendar, Representative Art Turner has House Bill 5032. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Chairman and Ladies and Gentlemen of the House. House Bill 5032 creates the Illinois Torture Inquiry and Relief Commission Act. This is an Act… this is a commission that would be regulated by the administrative office of the Illinois courts. And the rationale for this commission is to look into the police allegations or the torture allegations that have been leveled against Chicago police officers under the supervision of Commander Jon Burge. This commission will be made up of eight (8) voting members, a Circuit Court judge, former prosecuting attorney, a law school professor, a criminal defense lawyer, three (3) nonattorneys, non-Judicial branch, and a former public defender. The rationale for this is that and some of you may have read the paper or saw the paper this week where there was another person released from the Department of Corrections because of the DNA investigations and he was proven innocent of a rape that he was accused of. There are twenty-seven (27) men still incarcerated as a res… who are alleging or were involved with this case with this police commander as mentioned earlier and we think that this Torture Relief Commission should investigate and at least look at the facts as they have been presented and if in fact they… and then make a report back to the General Assembly at the conclusion of this commission’s duties. And I move for the adoption. I know that there'd had been the question in committee. Representative Reboletti and I spoke about this Bill and he 09500275.doc 216  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 mentioned the fact that we mentioned a officer’s name that he thought that there may be a question of constitutionality. I'm not an attorney. I can't debate that side of this issue, but I do believe that if twenty- seven (27) people are in jail that should not be there, I think that it at least warrants some investigation or at least those guys are entitled to have someone look at their particular case and see if in fact there's some truth to their allegations. As you know, there have been a number of people that have been released as a result of this investigation that has some of were released under the former Governor Ryan. But I'm moving for the adoption of this commission; I think that its time has come and ask the House to consider it."

Speaker Lyons: "The Gentleman from DuPage, Representative… Representative Jim Meyer."

"Sponsor yields."

"Representative, I'm working with a group back in Chicago and they, I think, used the example and I didn't really look at that part of this make-up of the commission but the… traditionally when we do commissions and different appointments, we tend to have the Majority Party has the greater number of Members on any commission and so, although we don't… we're not using this in any way to assume that one Party will be more sympathetic than the other. I think that in them… in the putting together of this commission it was just that traditionally the Majority Party tends to have more Members than others. But if you look at the eight (8) voting Members of the commission, I think that that's a… these are the guys who are going to make the determination if there's any action that should be taken, you will find that it appears to be no political bias from a standpoint of Party representation at all with that… with the eight (8) voting Members."

"Representative, let me start by saying that the intent, you know, we… we're looking at this commission. We tried to set it up as an independent commission and so we wanted it to be reflective of both law enforcement, lawyers, let's just say a for… a judge who has not been on the bench. People who are specialists in this field. Your point may be a valid point in terms of the numbers, but I think this issue is… is much more important than the debate about whether it's one or two (2) Members. I think that the eight (8) voting Members and the makeup and who they are is probably the most important piece and that commission… they will, as I say, will be guided under the Illinois administrative courts."

"They're not voting members."

"Representative, the members of…"

"No. That's not… that's not true Representative." 09500275.doc 219  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"That these Members that are appointed by the General Assembly and our Leaders, these are not even voting members. And so…"

"…their voice will be just pretty much there to offer some guidance and listen, but they're not voting members. So in terms of the bias I don't really see a bias from that standpoint."

"I think, again and I appreciate your recommendation and probably if I had sat down and looked at this a little more I would have made it balance, because it is not my intent to politicize this…"

Speaker Lyons: "Representative Meyer, your 5 minutes have expired. And Representative Turner, if you could just wrap it up in the next minute, we'd appreciate it."

"Twen… the twenty-seven (27) members that are… twenty- seven (27) people that are still incarcerated at this point that are alleging that they're… that they are innocent. And I think that the… to at least allow a fair hearing for those twenty-seven (27) people is… is pretty important and I don't think we should politicize these individuals having their freedom or being given the rights that they should be given with how many and whether it's the President of the Senate or, you know, the Minority Leader. And I'm not questioning the background of, you know, of our leaders, you know, we're not all lawyers and we do have a variety, I 09500275.doc 220  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 should say, a variety of professions here in this Assembly and I think that, you know, the fact that people will be there will make a difference."

"The Gentleman from Jasper, Representative David Reis."

"Sponsor yields."

"Yeah. This commission is only created for the purpose of looking only at the cases that involve this one police officer in Chicago. So, at the end of their work that would be the end of the commission."

"Representative, your point is well-taken and it's probably something that we should create for the other cases. This… these twenty-seven (27) individuals and it's the headlines that have come up over the years regarding this case and the people that have been released because they were tortured that I think that this… the uniqueness of this commission is just for this purpose and when… So, you asked the question about sunsetting. I'm saying that this thing sunsets when they're through looking at this ca… these cases and this case only."

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

"Sponsor yields." 09500275.doc 222  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Ladies and Gentlemen, if we could lower the noise level on the floor it would be a little easier for the discussion to continue. Continue Representative."

"Representative, could you just repeat the…"

"Representative, on page… should be page 9 line… or page 12, line 1, it says that the commission shall request a chief judge at a Circuit Court of Cook County for assignment to a trial judge for consideration."

"Well, it… basically, if the court finds in favor of the petitioner it shall enter an appropriate order with respect to the judgment or sentence in the former proceedings and such supplementing the orders as to rearrange… reassignment, retrial, custody, bail, or discharge as may be necessary and proper."

"Give me just one second to think about… You're asking some very good questions, Representative. Representative, I don't have the… I can't give you an answer to that question. I think it's a very good question, I just can't answer that at this point. I can continue to discuss it, talk with Senator Raoul who is waiting to pick this up in the Senate and try to… to try to address that concern. I think the other people that were freed were commuted by the Governor."

"Representative, your time is up. We'll give you another minute to finish your question."

Speaker Lyons: "The Chair recognizes the Gentleman from Winnebago, Representative Jim Sacia."

"Sponsor yields."

"Representative Turner to close."

"Thank you. Thank you, Representative Sacia, and I do appreciate your remarks and for Reb… Representative Reboletti in regards to your question. Basically, the commission makes recommendations, so after they've done the investigation they make the recommendations to the chief 09500275.doc 226  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 judge it would then be up to the chief judge to determine how they want to proceed with this. I… I just believe in my heart that the twenty-seven (27) guys that are currently incarcerated deserve one last look at their cases and I move for the adoption of this Bill… House Bill 5032."

"The Motion is, 'Should House Bill 5032 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 Granberg. Mr. Clerk, take the record. On this Bill, there are 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority is hereby declared passed. Mr. Clerk."

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

"State your inquiry."

Speaker Lyons: "Representative Black, yesterday you were concerned about my voice and I thanked you for that. Today you're concerned about me catching a few rays while I'm on the dais."

"Thank you for your concern, Representative, but…"

"Thank you for that observation, Representative Black. I'll get even when I'm in my chair someday. Mr. 09500275.doc 228  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 Clerk, Representative Washington has House Bill 2088. What's the status of that Bill, Mr. Clerk?"

"Chair recognizes Representative Washington on Amen… Floor Amendment 1."

"Thank you, Mr. Speaker and forgive me for sitting. But House Bill 2088 is an initiative to assist the City of Waukegan to clean up its harbor. And as you know Waukegan has the last harbor in the State of Illinois that has not been developed, but we want to look at the plans to develop it and in its cleanup effort we want to maintain dredging to at least twenty-three (23) feet in terms of depth. And this would allow the harbor to continue an existing commercial port. And I ask for a favorable vote for my district in Waukegan for this particular legislation."

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

"Representative Washington on Floor Amendment 3." 09500275.doc 229  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Thank you, Mr. Chairman. Floor Amendment 3 requires that in order to spend state funds that the Waukegan harbor, as I mentioned earlier… I'm sorry. I'm sorry. Excuse me, Mr. Chair… Speaker. House Amendment #4… I wish to withdraw #3, Mr. Speaker."

"The Gentleman makes a Motion to with…"

"And we need #4… House Amendment #4."

"Mr. Clerk, we're on Amendment #3. Correct? And you wish to withdraw Amendment #3, Representative Washington?"

"That's correct."

Speaker Lyons: "The Gentleman makes a Motion to withdraw Amendment #3. 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 withdrawn. Mr. Clerk."

Speaker Lyons: "On Floor Amendment #4, Representative Washington."

"Thank you, Mr. Speaker. House Amendment #4 is a gut and replace Amendment that requires all agencies other than the Illinois EPA… in order to dredge or clean up the harbor, keep the harbor available for commercial purposes. This would allow the IEPA to clean up with harbor without having to make sure its use was commercial. The Amendment includes nonrulemaking language."

"Is there any discussion on… on Floor Amendment #4? Seeing none, all those in favor of its adoption 09500275.doc 230  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment 4 is adopted. Anything further, Mr. Clerk?"

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

"The Gentleman from Lake, Representative Eddie Washington."

"Thank you, Mr. Speaker. Mr. Speaker, as I said, this particular legislation deal with my area, Waukegan, and the last harbor to be developed in the State of Illinois. We wish to… This initiative is to assist Waukegan in doing so and also implements a dredging up to at least twenty-three (23) feet minimum that would allow the harbor to contin… continue to be an existing commercial port. And I ask for a favorable vote."

"Is there any discussion? The Chair recognizes the Lady from Lake, Representative Kathy Ryg."

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

"Sponsor yields."

"Is the City of Waukegan a proponent of this legislation?"

"I'm sorry?"

"Is the City of Waukegan a proponent of this legislation?"

"I don't know. I don't see it on… listed on here. I know that the county of Lake is a… is an advocate for this legislation. The entire county board voted to support this particular piece of legislation." 09500275.doc 231  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"And are there federal dollars that will be available to assist in the clean up of the harbor?"

"That's my understanding, Representative."

"Thank you."

"Thank you."

"Seeing no further discussion, the question is, 'Should House Bill 2088 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 108 Members voting 'yes', 0 voting 'no', 2 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, under House Bills-Third Reading, on page 5… 15 of the Calendar, Representative Arroyo has House Bill 4861. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Cook, Representative Luis Arroyo."

"Thank you Mr. Speaker, Members of the House. House Bill 4861 permits the Secretary of State to provide information to the medical examiner and the coroners as to whether individual is on an organ or tissue donor registry. Currently, the medical examiner and the coroner cannot ask for in… for this information nor can the Secretary of State give information or to… to the Secretary of State. I… I urge an 'aye' vote." 09500275.doc 232  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"The Chair recognizes the Gentleman from McLean, Representative Dan Brady."

"To the Bill."

"Seeing no further discussion, the question is, 'Should House Bill 4861 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 109 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Clerk, on page 5 of the Calendar, under House Bills-Third Reading, Representative Acevedo has House Bill 2759. Read the Bill, Mr. Clerk."

"Mr. Clerk, take that Bill out of the record. Mr. Clerk, on page 44 of the Calendar, under House Bills- Third Reading, Representative Naomi Jakobsson has House Bill 4903. Read the Bill, Mr. Clerk. Mr. Clerk, take that Bill out of the record on the request of the Sponsor. Mr. Clerk, on Senate Bill-Third Readings on page 48 of the Calendar, Representative Art Turner has Senate Bill 2015. Read the Bill, Mr. Clerk." 09500275.doc 233  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

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

"Thank you, Mr. Speaker. Senate Bill 2015 is identical to House Bill 4793 that passed out of the House and is currently stuck in Senate Rules. What this does is it creates a new market development program and this is a program that would allow qualified equity investments and give certain tax credits against the income franchise and insurance premium taxes that are made in certain parts of the state, those areas that have high unemployment. It is a Bill that we have capped the tax credits at ten million dollars ($10,000,000). The credits are so set up that if… once the investment has been made in that corporation it has to be in business for over three (3) years before any credits are granted. It is similar to a program… it's a… very similar to the federal program that's currently in existence and we thought we ought to do same thing here in the state. The State of Missouri just recently passed this program. We see that it has a lot of opportunities in terms of creating economic development in parts of the state that are in dire need. And I move for the adoption of Senate Bill 2015."

"The Chair recognizes the Gentleman from Jasper, Representative David Reis."

"Sponsor yields." 09500275.doc 234  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Representative, we wrote the rules in this legislation. So, the rulemaking language is not attached. The language that you speak of, that we put on other Bills is not there. So, this Bill, the rules are actually in the Bill as it is written."

"That's correct, Representative."

Speaker Lyons: "No further discussion. The question is, 'Should Senate Bill 2015 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 Pritchard, Representative Carolyn Krause. Mr. Clerk, take the record. On this Bill, 110 Members are voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Stephens on a Motion."

"You've heard the Gentleman's Motion. Is there any objections? Seeing none, all those in favor of the Motion signify by saying 'yes'; those opposed say 'no'. In 09500275.doc 235  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 the opinion of the Chair, the 'ayes' have it. And the Motion carries. Mr. Clerk, on page 14 of the Calendar, Representative Dan Burke has House Bill 4707 on the Order of Second Reading. What's the status of that Bill, Mr. Clerk?"

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

"The Chair recognizes the Gentleman from Cook, Representative Dan Burke."

"Thank you, Mr. Speaker. Do I have an Amendment on this? I didn't ha… that was already taken care of previously, Mr. Clerk."

"Thanks. Ladies and Gentlemen… Mr. Speaker, Ladies and Gentlemen of the House, House Bill 4707 would amend the School Code by providing that grantees under the Preschool for All program must enter into a mem… a memorandum of understanding with the appropriate local Head Start Agency. This memorandum must be entered into no later than three (3) months after the award of the grantee’s grant under the program, except that in the case of the 2008 and 2009 program year the memorandum must be entered into no later than the deadline set by the State Board of Education for applications to participate in the program in fiscal year 09500275.doc 236  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 2010 and must address the collaboration between the grantee’s program and local Head Start Agency on certain issues. Be happy to answer any questions."

"Is there any discussion? Seeing none, the question is, 'Should House Bill 4707 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, 110 Members voted 'yes', 0 voted 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 5 of the Calendar, there's House Bill 2760. What's the status of that Bill, Mr. Clerk?"

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

"Thank you, Mr. Speaker. Floor Amendment… oh, Floor Amendment 1 is the… Floor Amendment 1?"

"Floor Amendment 1."

"Yeah. That's the one we're doing. That's the one that makes the most sense to me. And Floor Amendment #1 we've had this Bill before. This has to do with reporting a missing or stolen handgun if you know it's missing or stolen." 09500275.doc 237  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Is there any discussion on the Amendment? The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy. No one seeking recognition. The question is, 'Should Floor Amendment #1 be adopted?' All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment’s adopted. Mr. Clerk."

"Representative Molaro on Floor Amendment #2."

"Oh. Floor Amendment #2, all this does is that… instead of having to report it to the State Police you could report it to your local law enforcement."

"Any discussion on the Amendment? Seeing none, the question is, 'Should Amendment 2 pass?' All those in favor sig… 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 and read the Bill, Mr. Clerk. Okay. Move that Bill to Third Reading. Mr. Clerk, on the Order of Second Reading of House Bills on page 14 of the Calendar, Representative LaShawn Ford has House Bill 4612. What's the status of that Bill, Mr. Clerk?"

"Leave that Bill on the Order of Second Reading. Representative Ford. There are notes on that Bill, Representative…"

"I… I want to…"

"…so we're leaving it on Second Order… Second Reading."

"Mr. Speaker, I move that the notes on HB4612 be found inapplicable. The balanced budget note on House Amendment 4 and 5."

"Representative Ford has made a Motion to have these notes declared inapplicable. Is there any discussion on the Motion? Seeing none, all those in favor of his Motion signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the notes are held inapplicable. Representative Ford."

"Speaker. I'd like this Bill to be moved to Third Reading."

"Mr. Clerk, are there any Amendments on the Bill pending?"

"Move that Bill to Third Reading. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Cook, Representative LaShawn Ford."

"Thank you, Mr. Speaker. I move for the favorable vote of House Bill 4612. I know of no opposition and I look 09500275.doc 239  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 forward to a favorable vote from the Members of this House."

"The Chair recognizes the Gentleman from Bond, Representative Ron Stephens."

"As Amendment 5, they're now are proponents of it… this legislation. I've worked with them."

"Every… everyone's… everyone's in support of the legislation, Representative."

"Everyone is in support of the legislation."

"Okay."

"Representative, please don't scream at me."

"That's a good question and the reason why the legislation is linked is because I think it's more fair to make sure that we protect all the people that may need those preferences. Those that may need the jobs. Recently, the Army, the Air Force, the Navy, and the Marines all have now provided waivers for individuals to enter the service with criminal backgrounds. So, I respect you and I think that you should respect my efforts to try to provide jobs for people in the State of Illinois. We…" 09500275.doc 241  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"I'm sorry if you feel that that's what I'm doing but, Sir, I think I'm providing equal opportunities for everyone…"

"…and that's all I'm trying to do. If you disagree with it I expect you to vote 'no'."

"If you disagree, all right."

"It's not about felons. It's about making sure that we take care of the people of the State of Illinois. We need to make sure that the people that fight for this country come back with opportunities. We…"

"Okay."

"We need to… we need to make sure… we need to also make sure that we recognize that our criminal justice system worked…"

"Representative Stephens, your 5 minutes is up. We'll give you one more minute to please finish the discussion."

"We have numerous speakers that do whant to speak, so one more minute."

Speaker Lyons: "The Chair recognizes the Gentleman from Winnebago, Representative Jim Sacia."

"Sponsor yields."

"No, Sir."

"The… the legislation does not eliminate the employer’s opportunity to ask the question. They can ask in an interview."

"It just removes it off the application."

"It cannot be on the application."

"Well, you ask a good question, but I want you to know because you asked some questions about certain jobs. The legislation is designed so that certain jobs still have the right to ask and certain people… certain jobs are exempt from… from the application… asking a question in the application. So, that's why there's no opposition to this. I've worked very hard with lots of people to make sure that there's no opposition. If you read the analysis, there… there's no opposition to this. CMS was in opposition. We worked with them. The State Police was in opposition. We 09500275.doc 244  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 worked with them. And now, there's no opposition. It's agreed and I would like favorable vote."

"I don't."

"Representative Sacia, your 5 minutes of… are up. If you can conclude your remarks, we'd appreciate it."

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

"Thank you. Will the Sponsor yield?"

"Sponsor yields."

"Representative, I plan to vote for your Bill, but I do have a question or two (2) and it actually doesn't even involve you. So, I see that the… the core of this Bill we already passed in the House and Senate and was vetoed by the Governor. Is that correct?"

"That's correct."

"That would be this Governor. The Governor we have today?"

"Yes."

"Rod Blagojevich?"

"Yes."

"Right. And so, my analysis indicates… my analysis indicates that neither CMS nor the Illinois State Police actually had a position on the Bill. Is that correct?"

"Correct." 09500275.doc 246  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Do you know how to put those two (2) pieces together for me? So, the Governor vetoed the thing before, but his agencies have no opinion on it."

"Well, last… last Session they had an opinion and they were in opposition. This Session or this whatever… this year they're agreeing."

"So, they're for the Bill? 'Cause my analysis says they're neutral. They're for the Bill?"

"Right. Yes. They're neutral… they're neutral."

"So, they're neutral."

"Right."

"So, they… so, let me get this straight. It's virtually the same Bill, they were against it last year, the Governor vetoed the Bill, now they have no opinion whatsoever."

"Correct."

"Is that correct?"

"Correct."

"These are two (2) state agencies under the Governor."

"Right."

"Our Governor."

"Yes."

"Rod Blagojevich."

"Right."

"No opinion at all."

"No opinion."

"Just checking, thanks."

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

"Sponsor yields."

"It was the suggestion of the… the recommendation of the State Police."

"Crime of violence, it would be murder, voluntary manslaughter, criminal sexual assault."

"Juven… juvenile records…"

"I'm advised that they're sealed."

"That's… that's a violent… domestic violence is a violent offense."

"That's a violent offense so, they would have to ask. They could ask."

"We've had Representative Ford present the Bill, Representative Lang spoke in favor of it. We've had three (3) people in response. Representative Fritchey."

"Move the pre… I move the previous question."

Speaker Lyons: "The Gentleman moves to put the previous question. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Representative Ford to close."

"Thank you. Thank you, Mr. Speaker and Members of the House. You know, I… I feel insulted that someone would think that I would use veterans to get this Bill passed when it was passed last year with no problem. So, we had enough votes to pass it in the House and the Senate, so now I bring it back to offer more opportunities for more people when it was already passed. So, for you to say that I did it just to get it passed in the House is false. I think that it would be great for us to really test the… the system that we spend lots of money on… the criminal justice 09500275.doc 249  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 system, when we incarcerate people and we bring them back to society to see if the system that we spend so much money on every day, works. But if we never give people a job opportunity, we'll never know if the criminal justice system that we spend millions of dollars on will ever work. And I think that we really should consider preferences for people that are dying for this country and I think that it would be great in honor of today that you give this a favorable vote. Thank you."

"The question is, 'Should House Bill 4612 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Hoffman, Lindner. Mr. Clerk, take the record. On this Bill, there are 45 Members voting 'yea', 63 Members voting 'no', 1 Member voting 'present'. This Bill, having failed to receive the Constitutional Majority, is hereby declared defeated. Mr. Clerk, on page 4 of the Calendar, Representative Paul Froehlich under House Bills- Second Reading has 20… House Bill 2167. What's the status of that Bill, Mr. Clerk?"

"Representative Froehlich on the Amendment."

"Thank you, Mr. Speaker. This… the original version of the Bill had opposition. This Amendment, to the best of my knowledge, should remove the opposition from both the 09500275.doc 250  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 EPA and some of the municipalities that have water… their own water companies. What we're going to do here is create a task force on this question of pharmaceuticals in the drinking water and other emerging contaminants in the drinking water and the task force will be reporting back to… to the Legislature."

"Any discussion on the Amendment? The Chair recog… recognizes the Gentleman from Vermilion, Representative Bill Black."

"No offense taken, Representative Black."

"Yes. There's a Second Amendment filed and…"

"Mr. Clerk, temporarily…

"Okay. So, take it out of the record."

"…let's take this Bill out of the record."

Speaker Lyons: "Mr. Clerk, on page 16 of the Calendar, Representative Chapa LaVia has House Bill 4927. What's the status of that Bill, Mr. Clerk."

"Representative Chapa LaVia on Amendment 4."

Chapa LaVia: "Thank you, Speaker, Members of the House. Amendment #4 is a technical Amendment suggested by Representative Rose, that clarifies language. I know of no opposition to this Amendment."

"Is there any discussion on the Amendment? On Amendment #4. 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 Amendment #4 is adopted. Mr. Clerk."

"Representative Chapa LaVia on Amendment 5."

"Thank you, Speaker. Amendment #5 was suggested by Representative Fritchey to protect innocent spouses in meth homes. This takes out language that gives prosecutors legal authority to charge someone for allowing meth manufacturing. So, now the Bill focuses only on the meth manufacturing and not the innocent spouse. I know of no opposition to this Amendment."

"There any discussion? Seeing none, all those in favor of adoption of Floor Amendment #5 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Mr. Clerk."

"Third Reading and read the Bill, Mr. Clerk." 09500275.doc 252  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

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

"Thank you, Members of the committee. Now, under this Bill, the person has to be convicted of meth manufacturing while the child is present to have the child taken away. We've discussed this Bill two (2) days prior and we have a lo… we had a lot of lively debate on the issue. And what the Bill does now is exactly what I discussed in Amendment #4. It… it… clarifies it in Amendment #4 but #5 it just deals with meth manufacturing and the ability for the courts, if found convicted, they spec… the parent found convicted, is the only way that the ter… the rights are terminated as far as parental rights. So, we've… we've put the scope down and the Bill seems to be fine with the Republican side and I know of no opposition at this time."

"Is there any discussion? The Chair recognizes the Lady from Cook, Representative Debbie Graham."

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

"Sponsor yields."

"Representative, can you tell me again what your legislation does?"

"Hold on a second please, Representative. Any time a parent is found convicted of aggravated methamphetamine manufacturing that the courts can start the process of if… if the parent is convicted, they have to be 09500275.doc 253  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 convicted, of terminating parental rights of the convicted parent."

"Okay. So, the fact that you have not removed… So, you're still terminating parental rights. You're not simply removing the child from a home…"

"No."

"…and placing them with a relative. You're simply severing the rights of the parent based on this bad act that they've done."

Chapa LaVia: "Just… yeah, just… just the rights of the convicted parent and that just starts the proceeding and I understand your objection to it, still, Representative."

"Yeah, Representative, I am certainly… I understand your intent with this legislation and I am definitely saying that parents who are producing methamphetamines should not be in custody of their children, but to terminate their parental rights. Does your legislation speak of how long? Is this permanent termination of the rights? Are the kids permanently removed? How long does this… is… is a person in jail or do they come out of jail and get the right to fight to get their parental rights back or is it just gone?"

"First of all, it's two (2) steps, like I said earlier. They have to be convicted of… of methan… of manufacturing methamphetamine and also, the second is that they have to show or aggravated. They have to show child abuse. So, there's kind of two (2) steps to it and it's a pretty lengthy process." 09500275.doc 254  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Well, I would think that if you produce methamphetamine in your home that that would be a little bit of a child abuse. The question is if the parental rights is taken from the parent, is it… the rights gone forever or does the person get a chance to say I have improved my life, I'm a better person and I want my child back? Does it present that opportunity for that parent to get the child back or is his rights just gone? 'Cause people do change."

"Can you give us one second? We're reviewing the full…"

"Yeah."

"…depth of the Bill. Right. Right. It's already in criminal law, once you terminate the parental rights, you terminate the parental rights."

"To the Bill, Mr. Speaker."

"…Bill."

"I would… I would ask that my colleagues… I know that we want to be tough on people who produce methamphetamines we want to protect the children in this state, but to simply terminate the rights of a parent who has made some bad decisions and not give them the opportunity to come back and fight for their children, 'cause we all know that people do change. That is something really bad. I'm not saying that these people shouldn't go through some sort of turmoil to deal with their families, but I ask this Body to stand with me and vote 'no' on this legislation. This is too strong of a movement to terminate the parental rights of someone who has made a bad decision. I would simply say 09500275.doc 255  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 I will stand with the Representative and say I can support you if you're saying, yes, let's remove the children from the home. Yes, let's do some other measures to make sure that the environment is safe, but to say permanently terminate the rights of a person who has made a bad decision I find that a difficult piece of legislation for me to support. I urge a 'no' vote on this legislation"

Speaker Lyons: "The Chair recognizes the Gentleman from Winnebago, Representative Jim Sacia."

"Sponsor yields."

"Representative John Fritchey." 09500275.doc 256  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Inquiry of the Chair, first. Am I the last speaker?"

"State your inquiry, Representative."

"Am… am I the last speaker? Last individual seeking re…"

"No, you're not. We have four (4) other people seeking recognition."

"I move the previous question."

Speaker Lyons: "The Gentleman makes a Motion to move the previous question. All those in favor signify by saying 'yes'; those opposed say 'no'. Representative Fritchey."

"Have you ruled on my Motion?"

"No, I haven't. I thought you were seeking recognition again."

"I'll wait for your ruling on the Motion before I decide to speak."

Speaker Lyons: "Representative, we have three (3) people waiting to speak. So, I will recognize the three (3) people whose lights are on. Black, Dunkin, and Rose and that'll be it. Representative Black."

"I… I just… there were three (3) lights left, Representative Black so…"

"Sponsor yields." 09500275.doc 257  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"It's unconvicted, innocent parent. I mean, there could be two (2) spouses and it was discussed… I don't know… were you here…"

"I could be a wife who’s…"

"Right. Were…"

"Right."

"Right."

"Well, I mean, let's take it a little bit out of context, what about the battered spouse, you know…"

"…one's beating one, the other one's innocent."

"And you're… are you… are you asking that there is no innocent spouse in the situation?"

"Right."

"Right. In the initial piece of legislation and we dealt with it with Representative Fritchey is that within the original legislation it allowed that the convicted parents both of them would be… have their parental rights immediately terminated. However, we changed legislation out of opposition of Representative Fritchey to accommodate the… the innocent spouse. And who knows, maybe the innocent spouse is actually the one reporting it, so…"

"Correct. It would all go before a judge in it's…"

"Right."

"Correct. Abuse."

"Child abuse."

"Spouse…" 09500275.doc 259  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Representative Black, your time has expired, if you'd finish your last question and…"

Speaker Lyons: "Two (2) final speakers. Representative Dunkin."

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

"Sponsor yields."

"Representative, I'm just curious, is there a precedent for other legislation… with other legislation or the statutes that removes children as it relates to similar crime or terminate parents rights of their kids?"

"Only in cases of neglect where foster care has taken over and the parents are still not in compliance. I have… I have family that have… in Chicago that were foster parents and the family relinquished parental rights because there was drug use, things like that. But it was a mutual… a mutual decision."

"So, this law would force the removal of children…"

"Well, not the instant removal. It has to be conviction and there has to be proven child neglect. So, there's different steps that have to happen. It's not immediate termination of parental rights and it's… it's adjudicated by the judge. They’d have to make a decision on what, you know, what the next step is for the best interests of the child and the family." 09500275.doc 260  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"So… so, if I'm a murderer would I be eligible to have my children removed from me? I mean, is that an automatic, as well?"

"Well, not… not necessarily, but in that case that parent is putting that child in a situation where that child could be murdered because of the dangerous environment of producing methamphetamine and we… and, you know…"

"Sure. I guess I'm asking if… is there a statute today that says if a person is on trial for murder or even rape or a drug dealer in general or a Mafioso, connected person who's also I guess on trial in this… or in a similar situation. Where's the precedent for this?"

"Right. Right. I… I'm not a… an attorney, but in this case and the genesis of the Bill and everything we've learned about methamphetamine in this state, it's about the welfare of the child. It's not about the crime and… the criminal. It's about the child. The crime is the child will die, the child will be contaminated by that environment of the methamphetamine and possibly could be killed by the production of methamphetamine in an explosion."

"Sure. Well, you know…"

"And explosions are known to happen through this state, but down south. So we don't see it as much up in Chicago yet…"

"Point taken."

"…but we will see it." 09500275.doc 261  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Point taken. So… but if I'm an alcoholic and I'm cooking on the stove at 12:00 midnight I also can subject people that live in the household to a similar level of jeopardy. Correct? I mean, I guess what I’m trying to understand is…"

"Not to… not to this degree."

"what I'm trying understand is… Again, I see your intent, but I wanted us to look at fair… a fair level of how we apply certain standards based on certain phenoms. I mean, you have drug dealers, you have people who have mental illness, you have sexual predators. You have a number of people who are caught up in a situation personally where they can themselves jeopardize an entire household. And I think we need to be careful or very conscious of how we… how we set laws here in the State of Illinois and unduly put families at real risk, you know, it could be, you know, just one parent doing it for example and then the other parent can… you know, we take the child, so. I say we just need to be conscious. I'm trying to find… figure out where you're getting at and what's the ultimate goal in terms of setting a precedent across the board for other levels of crimes that exist and that put not only just that household but that entire apartment building, for example."

"I understand your… your concern."

"So, is… so, if that's not the case, should… is this the appropriate legislation for us to vote on?"

"I… I feel it is in this case, Ken. It's child… it's the worst kind of child neglect or abuse you can have 09500275.doc 262  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 if convicted. These children have neurological brain damage from being around the chemicals."

"Okay. I'm not arguing the merits of methamphetamines…"

"So, I think this would have to be…"

"…I'm saying the precedent that we have…"

"…one of the worst things that we could have."

"that we possibly can set."

"And I tried to cater the Bill. I tried to tone it down. I spoke like I said with Representative Fritchey and we…"

"What are some…"

"…have a language…"

"what are some of the alternatives, Representative? Other than snatching the children if one parent makes a…"

"Well, the process, I mean, it wouldn't be…"

"…mistake you take all the children out of the house."

"…automatically. Like I said, it has to be a conviction of methamphetamines manufacturing and proof the child was abused."

"So, the children…"

"So, it wouldn't…"

"…the children will be…"

"…it wouldn't be automatically."

"…will be removed if one parent…"

"And DCFS would review things. If one parent is found guilty and the other one's not convicted, the parent is still with the child that wasn't convicted."

"Those kids would go with that child." 09500275.doc 263  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Yes."

"Okay."

"Those kids would go with that parent. So that's what we cleaned up with Representative Fritchey's language."

"Where did this come from and who originated it?"

"The… the Representative… the genesis of it was Senator Holmes, in her area which is out where…"

"Representative Durkin… Dunkin your 5 minutes has expired. So, please wrap up this last question and we'll go on to the last speaker…"

"I'll close."

"…which will be Chapin Rose."

"Okay. Thank you. To the Bill. Ladies and Gentlemen, I think… I certainly understand and see the intent of the legislation. I think that it may be going too far with no prior precedent for removing kids. I think it really destroys the fabric of families, even at community and the psychological impact on kids already who are in an environment where the parent is caught up on drugs; it’s a very sad scenario. I'm… I just don't think this is the appropriate legislation at this time. I think maybe we need to look at something a little bit more comprehensive. I would urge a 'no' vote. Thank you."

"The Gentleman from Champaign will be the last speaker and then Chapa LaVia to close. Representative Chapin Rose." 09500275.doc 264  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Representative Chapa LaVia to close."

Chapa LaVia: "Thank you, Representative Chapin and Representative Fritchey for the help on making this Bill a little bit better Bill. I do understand the concern of my colleagues on this side with great respect. Methamphetamine is one of the most amazing drugs this world's ever seen and the addiction it causes and the decimation it causes with families throughout this state. Fortunately or unfortunately, we haven't seen as much up in Chicago as we do down south and how it destroys families, brothers, sisters, mothers, and children in this state. So, thank you for your support and I would request an 'aye' vote."

"The question is, 'Should House Bill 4927 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 90 Members voting 'yes', 20 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 61 of the Calendar, under Senate-Bills Second Reading, is Senate Bill 2860. What's the status of that Bill, Mr. Clerk?"

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

"The Chair recognizes the Lady from Champaign, Representative Naomi Jakobsson."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2860 does two (2) things. One, it would ban the sale of cosmetics, fragrances, and toiletries that contain mercury. And the other is… and this is the legislative intent. It is the intent of this Bill to require warning statements be applied to three (3) categories of children's products if they contain lead over forty (40) parts per million: (1), children's jewelry marketed to children under age twelve (12); (2), toys for children under age twelve (12) that contain surface paint. It doesn't apply to internal components of toys. And (3), articles used for the care, used for the feeding, or sleep aids for children under six (6) and examples of these would include: pacifiers, teething rings, vinyl bibs, children's plastic dishes. The Bill is not intended to apply to internal components of child care articles… electric components of child care articles for example, electric breast pump motor. We have worked diligently to address the concerns raised by all parties. The Bill has an effective date of January 1, 2010 and we'll continue to work with the industry on those issues." 09500275.doc 266  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Is there any discussion? The Chair recognizes the Gentleman from Winnebago, Representative Dave Winters."

"Sponsor yields."

"You know, the toy industry opposed the Bill. They've done their best to try to confuse the issue, distract the Members. They don't want parents to have the information about what's in the products that they sell. We want to be make… we want to make sure that parents know what's in the products that they sell. We think…"

"We do know that there's been a lower incidence of lead in children because of that taken out of gasoline. That's certainly true. We want to continue that way, you know, and the forty (40) came from… according to the American Academy of Pedia… Pediatrics there is no safe level of lead exposure. Childhood exposure to lead disrupts the development of their brain, it disrupts the nervous system…"

"…even low levels."

"We need to draw the…"

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

"Thank you, Mr. Speaker. Ladies and Gentlemen, I rise in support of this Bill. It may be one of the more important Bills we've had this Session and frankly, I can't see how anybody can be legitimately opposed to this Bill. A Bill or two (2) ago we passed a Bill taking children away from parents who deal in the manufacture of certain drugs because it's so dangerous for the children and yet some of you who voted for that are fully willing in this Bill to allow parents to buy toys covered with lead paint that will damage children's brain cells into their life. I can't imagine how anybody could not vote for this Bill. The people, that have studied this, the scientists and the American Academy of Pediatrics, say that there is no amount of lead paint that's acceptable. No amount of lead paint. Last… last year over seventeen thousand… seventeen million (17,000,000) toys were recalled because of lead paint. This is a reasonable piece of legislation and let me tell you who also thinks it's reasonable. The toy manufacturers themselves think it's reasonable, because ten (10) years ago in August of 1998 the toy manufacturers themselves said our members have always been vigilant in ensuring that children are not exposed to hazardous levels of paint from their products. We are now going beyond what the law requires in eliminating lead from our products altogether. Well here we are ten (10) years later and the toy manufacturers have not done what they promised to do in a big press conference. They said lead paint is bad for 09500275.doc 270  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 children and here we are ten (10) years later and they’re still pedaling toys that have lead paint. The Chicago Tribune, who many of you think is your Bible, says we should pass this Bill. If you need no other reason those of you who are very conservative and don't want to do anything that would restrict business. Many of you are also against crime and the statistics would show that as lead paint decreases so does crime, because the damage from the paint to young peoples’ brains and their brain cells affects them into their future. And I'm no scientist, but I think we should listen to those who are. And to argue that a notice of lead paint on a toy would scare a parent, well, you betcha. It ought to scare a parent. It ought to tell a parent maybe I should not buy this toy or at least I should have the knowledge of what's in that toy. If there was a direct poison in that toy we wouldn't sell it to a child. Why would we sell a toy covered in lead paint, paint that we have banned in this country thirty (30) years ago… thirty (30) years ago. And yet, some people on this floor will today vote against this Bill for reasons unknown to me. Two (2) Bills ago you cared about children enough to take them away from abusive parents, and today you may vote to allow those same parents to give their children toys that will poison their brains. I don't know what you're thinking. You figure it out."

Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Rep… Rep… the Gentleman from Vermilion, Representative Bill Black." 09500275.doc 271  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Sponsor yields."

"Yes."

"Representative Black…"

"I just want to say that it was Amendment #2, not Amendment #1, but it did all of those things that you said."

"Just a moment, please. I hope I didn't give you some bad information."

"You're right. You're right. I was… I was confused about a different Bill, I think."

"The Chair recognizes the Gentleman from White, Representative Brandon Phelps."

"I move the previous question."

"The Gentleman moves the previous question. All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Representative Jakobsson to close."

"Thank you, Mr. Speaker. First of all, I want to thank everyone who has worked with the Attorney General for their efforts on this Bill. We want to make sure that we protect our children. Please vote 'yes'." 09500275.doc 274  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Question is, 'Should Senate Bill 2860 pass?' All those in favor vote '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 105 Members voting 'yes', 1 Member voting 'no', 2 voters… Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Clerk, on page 54 of the Calendar, Representative Mike Smith has Senate Bill 2864. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Chair recognizes Representative Mike Smith."

"Thank you, Mr. Speaker. This is a very easy education Bill. It actually combined a couple of other Bills. It would prevent the use of eleven-to fifteen-passenger vans by local school districts. This has been the policy of the state and this would eliminate all those who were previously grandfathered. In addition, it establishes a… or asks for two (2) of our statewide education councils to research, discuss, and make recommendations on those individ… those children who are considered to be twice gifted. That would be gifted disabled students. And then finally… finally, it changes the requirements for bidding in transportation of students with… with special needs. The school district can look at quality of service in a difference to the cost. I know of no opposition. I'd be happy to answer any questions." 09500275.doc 275  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"Is there any discussion on Senate Bill 2864? Seeing none, the question is, 'Should Senate Bill 2864 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 100 Members voting 'yes', 9 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Tim Schmitz, for what purpose do you seek recognition, Representative?"

"State your inquiry."

Speaker Lyons: "Representative Schmitz, I think we're just about finished for the night. So, tomorrow we will… we'll be continuing on the Calendar and I'm sure there'll be numerous Republican-sponsored Bills that we will be calling."

"But I think we're very close now to possibly adjourning."

"Close."

"You're welcome, Representative Schmitz. Mr. Clerk, Supplemental Calendar #1, we have House Joint Resolution 137. On House Joint Resolution 137, Mr. Fritchey, you have an Amendment. John Fritchey."

"I move to adopt the Amendment. It's a technical change."

Speaker Lyons: "The Gentleman moves… Gentleman moves the adoption of the Amendment. Is there any discussion? Representative Black, do you have a question on the Amendment, on the Joint Resolution?"

"State your inquiry, Representative."

"Representative, you're close, Representative Black, but no cigars."

"That's a real good guess, Mr. Black."

"Representative Fritchey has a Motion for the adoption of House Joint Resolution 137. All tho… For the Amendment. Representative Fritchey moves for the Amendment 09500275.doc 277  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008 on House Joint Resolution 137. All those in favor of the Amendment signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Now, Representative Fritchey on the Resolution… House Joint Resolution 137."

"I request an 'aye' vote."

"Any discussion on House Joint Resolution 137? All those in favor of its adoption signify by saying 'yes'; those opposed… We need a recorded vote on that. The parliamentarian is advising me we need a recorded vote. For those in favor of the adoption of House Joint Resolution 117 vote 'yes'; those opposed vote 'no'. House Joint Resolution 137, those in favor vote '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 Resolution, there's 109 Members voting 'yes', 0 voting 'no', 1 Member voting 'present'. And House Joint Resolution 137 is adopted. Mr. Clerk… Mr. Clerk, what's the status of House Joint Resolution 137? I'm sorry. Mr. Clerk, what's the status of Senate Bill 2603?"

"Move that Bill back to the Order of Second Readings. Mr. Clerk, Agreed Resolutions."

"Representative Currie moves for the adoption of the Agreed Resolutions. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Mr. Clerk, Ladies and Gentlemen, we have an orange piece of paper in front of you that we want to read through the committee announce… committee schedule, Mr. Clerk."

"The Chair recognizes the Gentleman from Jasper, Representative David Reis. For what purpose do you seek recognition, Representative?" 09500275.doc 279  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 275th Legislative Day 5/29/2008

"State your inquiry."

"Representative, we will be here Saturday. Nice try."

"Representative Karen May for an announcement."

"Thank you. Appropriately, in the eleventh hour of the General Assembly we have movie night, The 11th Hour. Actor Leonardo DiCaprio’s documentary The 11th Hour paints a portrait of a planet at risk while offering some exciting and radical solutions. While it was supposed to be at 5:00, we're in Room 115, right upon adjournment. We'll get some refreshments in. Thank you."

"And now Ladies and Gentlemen, nothing further to come before the House, allowing perfunctory time for the Clerk, Representative Barbara Flynn Currie moves that we stand adjourned to the hour of 10 a.m., tomorrow, Friday, May 30. We're adjourned 'til Friday, May 30, tomorrow, at the hour of 10 a.m. All those in favor of the adjournment signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Have an enjoyable evening, Ladies and Gentlemen."