Illinois House Floor Debate — May 26, 2009

Speaker Lyons: "Good afternoon, Illinois. Your House of Representatives will come to order. Members are asked to please be at their desks. We're led in prayer today by Lee Crawford, the pastor of the Cathedral of Praise Christian Center here in Springfield. Members and guests are asked to please refrain from starting their laptops, turn off all cell phones and pagers, and our guests in the gallery are asked to join us through the invocation and for the Pledge of Allegiance. Lee Crawford."

"U.S. Marine veteran Jerry Mitchell, would you please lead us in the Pledge." Mitchell, Jerry, et al: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all." 09600061.doc 1  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Roll Call for Attendance. Representative Bost, what's the status of the GOP today?"

"Thank you, Representative. Mr. Bost."

"Thank you, Representative Bost. Glad Mr. Black could join us today. We’ll be with the status of Democrats in just a minute. Majority Leader Barbara Flynn Currie, Democrats?"

"Thank you, Speaker. Please let the record reflect that Representatives Brosnahan, Collins, Crespo, Froehlich, Graham, and Joyce are excused."

"Thank you, Representative Currie. Mr. Clerk, take the record. 107 Members are present. We have a quorum and prepared to do the work of the people of the State of Illinois. Mr. Clerk."

"Committee Reports."

"Ladies and Gentlemen, in front of you we have the memorial service that will be starting in a moment. I ask all staff to please retire from the floor. Members, please be at your desks and your chairs. Once again, Ladies and Gentlemen, it's my privilege and my honor to be able to preside at this event, one of the most solemn and dignified and wonderful things that we do once a year in honor of our veterans, our fallen veterans. So, we will start today with a presentation of a video. So, I'd ask Members please look at the boards, and we will start a short video in honor of our… our veterans. VIEWING OF VIDEO. Permission granted, Sir. Mr. Clerk, read the House Resolution."

"All those in favor of the adoption of the Resolution signify by saying 'yes'; opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the adoption (sic-Resolution) is unanimously adopted. Mr. Clerk, would you please escort Brigadier General Ronald Marrow from the Illinois National Guard into the chamber. I would ask everyone who hears my voice to please take a moment as we roll call the members of our state who made the ultimate sacrifice on behalf of this country. Representative Reboletti."

"Representative Roger Eddy."

"Representative Jefferson. Private First Class David Badie. United States Army – Rockford. Killed in action August 1, 2008. Representative Sacia."

"Representative Washington." 09600061.doc 6  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Petty Officer 2nd Class Anthony M. Carbullido. United States Navy – Waukegan. Killed in action August 8, 2008."

"Representative Senger."

"Representative Connelly."

"Representative Ramey."

"Representative McAsey."

"Sergeant Joshua W. Harris. United States Army – Romeoville. Killed in action September 17, 2008."

"Representative Berrios."

"Staff Sergeant Jason A. Vazquez. United States Army – Chicago. Killed in action September 17, 2008."

"Representative Miller."

"Sergeant Daniel M. Eshbaugh. United States Army – Chicago. Killed in action September 18, 2008."

"Representative Holbrook."

"Private First Class Ja'Mel A. Bryant. United States Army – Belleville. Died September 27, 2008."

"Representative Smith."

"Private First Class Christopher Bartkiewicz. United States Army – Dunfermline. Killed in action September 30, 2008." 09600061.doc 7  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Representative Beaubien."

"Representative Osmond."

"Representative Fortner."

"Representative Barbara Flynn Currie."

"Staff Sergeant Roberto Andrade, Jr. United States Army – Chicago. Killed in action January 18, 2009."

"Representative Poe."

"Representative Eddy."

Speaker Lyons: "Representative Tracy. Specialist James M. Dorsey. United States Army – Beardstown. Died February 8, 2009. Representative Chapin Rose."

"Representative Patty Bellock."

"Master Sergeant David L. Hurt. United States Army – Oak Park, Illinois. Killed in action February 20, 2009. Representative Don Moffitt."

"Representative Rose."

"Representative Will Davis." Davis, W.: "Specialist Simone A. Robinson. United States Army – Robbins, Illinois. Killed in action March 1, 2009."

"Sergeant Christopher P. Abeyta. United States Army – Midlothian. Killed in action March 15, 2009. Representative Sacia."

"Representative Sandy Cole."

"Corporal Jason G. Pautsch. United States Army – Moline. Killed in action April 10, 2009. Representative Turner. Specialist Omar M. Albrak. United States Army – Chicago, Illinois. Died May 9, 2009. Representative Tryon."

"Representative Reboletti."

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

"Color Guard. Thank you, Ladies and Gentleman. Ladies and Gentlemen, we're going to start the order of business today with some of the Senate Bills – Second Readings which have Amendments approved that need to be moved to Third Reading. Representative Barbara Flynn Currie, on Page 7 you have Senate Bill 367. What's the status of that Bill, Mr. Clerk?"

"Representative Currie." 09600061.doc 10  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Thank you. Amendment 2… Amendment 2 is a technical change in the Bill. It was an erroneous reference. The Bill itself would be a measure to make sure that people who were part of the health care program from the time the Governor disagreed with JCAR until the time we changed the law, would still be able to access state-funded health care to pay their back bills and to go forward. But the Amendment is totally technical."

"Is there any discussion? Seeing none, 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?"

"Third Reading. Representative Mark Beaubien, you have Senate Bill 1089. What's the status of that Bill, Mr. Clerk?"

"Representative Beaubien on Amendment #3."

"Is there any discussion on the Amendment? 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 Amendment 3 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Is Representative Will Burns on the floor? Representative Elaine Nekritz, on Page 9 of the Calendar you have Senate Bill 1579. What's the status of that Bill, Mr. Clerk?"

"Representative, on Floor Amendment #1."

"Thank you, Mr. Speaker. Floor Amendment 1… Can I take this Bill out of the record? I thought we were going to do 1 and 2."

"Mr. Clerk, take that Bill out of the record. Mr. Clerk… Representative Nekritz, do you wish to move on Amendment #1?"

"Yes. If… I'd like to move on… We're going to do both of them? Okay. Yes."

"On Amendment #1?"

"Floor Amendment #1 is… well, the Amendments together reflect an agreement with the… with the department as to the regulation of community association managers. I move for the adoption." 09600061.doc 12  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Any discussion? Seeing none, all those in favor of the adoption of Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and Amendment #1 is adopted. Mr. Clerk, further Amendments?"

"Representative Nekritz."

"The same deal with the department."

"Is there any discussion on the same deal with the department on Senate Bill 7… 1579? All those in favor of the adoption of Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and the Amendment is adopted. Mr. Clerk, anything further?"

"Third Reading. Representative Dugan, on top of page 10 you have Senate Bill 1682. What's the status of that Bill, Mr. Clerk?"

"Representative Dugan on Floor Amendment #2."

"Thank you, Speaker. Floor Amendment #2 is a technical Amendment that does three things. It removes the definition Section of the Funeral or Burials Act from the Bill; changes it to sale of proceeds and purchase price. 09600061.doc 13  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 It also changes the language concerning the Pre-Need Funeral Consumer Protection Fund and corrects an internal cross reference concerning fees. And I would ask for a favorable vote."

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

"Third Reading. Representative Anthony DeLuca, you have House… Senate Bill 1783. Status of that Bill, Mr. Clerk?"

"Representative DeLuca on Floor Amendment #3."

"Thank you, Mr. Speaker. House Amendment #3 adopts all the remaining provisions of Amendment #2, including a definition of 'criminal activity'. And it also provides that the notice specifying the alleged violations of the lease to be considered by the court is to be delivered to the lessee via certified mail and by posting a notice on the premises at issue. I ask for a 'yes' vote."

"Is there any discussion on Amendment 3? Seeing none, the question is, 'should Amendment 3 be adopted?' 09600061.doc 14  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 All those in favor signify by voting 'yes'… saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and Amendment 3 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Dugan, you have Senate Bill 1905. What's the status of that Bill, Mr. Clerk?"

"Representative Dugan on the Amendment."

"Thank you, Speaker. House Amendment #2 requires the Chairman of the Health Facilities and Service Review Board to appoint a permanent Health Services Review Board Long Term…"

"Representative Dugan, those were adopted in committee."

"I'm sorry."

"So you're good with 1 and 2. We need Amendment 5."

"Oh, Amendment #5."

"That's a Floor… Floor Amendment. We need that one explained."

"I'm sorry, Speaker. Amendment #5 at the reque… eliminates the special nomination panel for the board that's in Senate Bill 1905. So, I'd ask for the adoption." 09600061.doc 15  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Any discussion? Seeing none, the question is, all those in favor of the adoption of Amendment #5 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and Amendment #5 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Bob Flider, you have Senate Bill 1918. What's the status of that Bill, Mr. Clerk?"

"Mr. Clerk, take that Bill out of the record at the request of the Sponsor. Representative Emily McAsey, on the bottom of page 11 of the Calendar under Senate Bills – Second Reading you have Senate Bill 1934. Read the Bill… What's the status of that Bill, Mr. Clerk?"

"Representative McAsey on Floor Amendment #1."

"Thank you. This Amendment is at the request of the Senate Sponsor. What it does is it adds a specific purpose clause to the Bill stating that the land to be conveyed would be used for purposes of constructing the Will County 09600061.doc 16  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 Emergency Communications and Command Center. I would move that the Amendment be adopted."

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

"Third Reading. Representative Sid Mathias, you have Senate Bill 2057. What's the status of that Bill, Mr. Clerk?"

"Representative Mathias on Floor Amendment #2."

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

"Third Reading. Is Representative Will Burns on the floor? Representative Burns. I thought I saw Representative Will Burns on the floor. Representative Burns, you have Senate Bill 1289. What's the status of that Bill, Mr. Clerk?"

"Representative Burns on Floor Amendment #3."

"Excuse me. Mr. Speaker, has Floor Amendment #5 been referred out by the Rules Committee to the floor?"

"Mr. Clerk?"

"I'd like to table Floor Amendment #3."

"The Gentleman motions for the table of Floor Amendment #3. What? The Gentleman wishes to withdraw Floor 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 Amendment #3 is withdrawn. Mr. Clerk, status of the Bill."

"Representative Burns on Floor Amendment #5."

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I move to adopt Floor Amendment #5 to Senate Bill 1289. Floor Amendment #5 addresses some current 09600061.doc 18  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 concerns over the raise by the Administrative Office of the Illinois Courts and I move to adopt Floor Amendment #5."

"Mr. Black, your light is on. Is it in regard to Floor Amendment #5?"

"State your inquiry, Sir."

"Be right with you, Mr. Black…"

"…on the proper Motion."

"No, you're probably right, Mr. Black, but let me verify that."

"We'll get right back to you for the proper Motion."

"Mr. Clerk, what's the status then of Amendment #3?"

"Mr. Clerk, on Amendment #4."

"For the record, Mr. Black, it was the assistant parliamentarian that gave me the correct terminology on the withdrawal, but thank you for bringing that up, as always, Sir. Is there any discussion on Amendment #5? Seeing none, the question is, 'Shall it be adopted?' All those in favor of the adoption of the Amendment #5 to Senate Bill 1289 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative LaShawn Ford, for what purpose do you seek recognition, Sir?"

"Thank you, Mr. Speaker and Members of the House. At this time, I would like to congratulate my Hispanic colleagues on the appointment of Sonia Sotomayor as the Nation's first Hispanic Supreme Court Justice by President Barack Obama. Congratulations."

"Thank you, Representative. Thank you for that announcement. Representative David Miller, for what purpose do you seek recognition, Sir?"

"A point of personal privilege. Last week on Senate Bill 290, I voted 'yes'. I wish to vote 'present' on that Bill."

Speaker Lyons: "The Journal will reflect your wishes, Representative. Representative Frank Mautino, you have 09600061.doc 20  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 Senate Bill 2091 on the Order of Second Reading. What's the status of the Bill, Mr. Clerk?"

"Representative Mautino on Floor Amendment #2."

"Thank you. I move the adoption of Floor Amendment #2. This is the Viatical Settlement Bill in its final form, and these are the changes which I discussed within committee itself. Some technical in nature, and it'll make… makes most of the parties neutral on this Bill. We will then present the Bill and legislative intent. It should have all parties either neutral or in support."

"The Gentleman moves for the adoption of Floor Amendment #2. Is there any discussion? Seeing none, the question is… The Chair recognizes the Gentleman from Morgan, Representative Jim Watson on Amendment #2."

"The Sponsor yields."

"State Farm is neutral, Allstate is neutral. The life insurance companies, the ACLI will be neutral with some legislative intent that you and I are going to have to do on Third Reading of the Bill, as well as Coventry and the viatical settlement companies. So, everyone's a little displeased but they are decidedly neutral." 09600061.doc 21  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Any further discussion? Seeing none, should Floor Amendment #2 be adopted to Senate Bill 2091? All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"

"Representative Frank Mautino on Floor Amendment #3."

"This is the final Amendment which we have just discussed, and this contains a few of the technical changes in the Bill itself. I'd like to put this on Third Reading. We'll debate it on Third Reading, add legislative intent, and we should have an agreed Bill."

"Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #3 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it and Amendment #3 is adopted. Anything further, Mr. Clerk?"

Speaker Lyons: "Third Reading. The Chair recognizes the Gentleman from Winnebago, Representative Dave Winters, for the point of personal privilege."

"Representative Bill Black, for what purpose do you seek recognition, Sir?"

"Representative Currie."

"Thank you, Speaker. I object to the Motion."

"Representative Black."

Speaker Lyons: "Mr. Black, the Motion to Discharge fails because of the objection of Representative Currie. You have a further Motion, Representative?"

Speaker Lyons: "So, the question is, 'Shall the Chair be sustained?' And on that question, Representative Pihos is recognized."

"The Gentleman from Winnebago, Representative Jim Sacia."

"Representative Tryon."

"Representative Reboletti."

"State your point, Sir."

"Seeing no further questions, the question is, 'Should the Chair be sustained?' All those in favor of sustaining the Chair should 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 are 61 Members voting 'yes', 47 Members voting 'no', and the Chair is sustained. Representative Black."

"My apologies, Mr. Black. You had, you know, had presented the issue, and then we had a full debate, my apologies. Ladies and Gentlemen, it's my intention to go to the Order of Senate Bills – Third Reading. I'll be starting on the page 3 of the Calendar, so the first that we have is Representative Danny Reitz, Senate Bill 450. Representative Reitz, you ready? Representative Reitz, Senate Bill 450? Read the Bill, Mr. Clerk. What's the status of that Bill, Mr. Clerk?"

"Mr. Clerk, move that Bill back to the Order of Second Reading."

"Representative Reitz on Floor Amendment #2."

"Thank you, Mr. Speaker. Floor Amendment #2 is… initiative is sales tax exemptions for airline products for when they bring planes in, refurbish airplanes. They were able to get an exemption that we passed a few years ago. This will expand this slightly to try and keep the jobs that we have in Illinois. I have an operation in my district or actually in Representative Jackson's district that when we passed this before, had around 750 jobs and they've added around another 700. So, it's a great Bill and we'd appreciate the adoption of the Amendment."

"Is there any discussion on Amendment #2 to Senate Bill 450? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."

"Correct, Mr…"

"Mr. Black, I think we're on Amendment #2."

"Mr. Clerk, what's the status of Amendment 3?"

Speaker Lyons: "I believe it's in Rules as you said, Mr. Black."

"Representative Reitz, can I ask you, what's your intention with Floor Amendment #3 before we move on Floor Amendment #2?"

"It can stay in Rules."

"So, we're just working on Amendment #2, Mr. Black, if that's okay with you. And is there any further discussion on Amendment… Floor Amendment #2 to Senate Bill 450? Seeing none, the question… 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. Floor Amendment #3, Mr. Clerk. Is it still in Rules?"

"We'll leave that Bill on the Order of Second Reading. Representative Reitz."

"Thank you. If we could move this to Third would be fine."

"Okay, on the request of the Sponsor of Senate Bill 450, move that Bill to the Order of Third Reading. We'll leave it on the Order of Third Reading. Representative Reitz, we'll leave it on Third Reading. 09600061.doc 32  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 Representative Dan Beiser, on the bottom of page 3 of the Calendar you have Senate Bill 933. Read the Bill, Mr. Clerk."

"Representative Beiser."

"Thank you, Mr. Speaker, Members of the House. This is a Bill that we debated at some length last week and there was some confusion with Representative Davis, Monique Davis. I have cleared that up, and I would like to pursue that, so I move for the passage of Senate Bill 933, as amended. Briefly this, again to recap, established a speed enforcement camera at one bridge, one bridge only, because of some serious incidents of fatalities in the last decade, but more specifically, in the last month, period between Thanksgiving and Christmas of 2008, six people lost their lives. There is no way to adequately enforce it with the State Police because of the physical configuration of the bridge, and that's why we bring this request to the Body."

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

"Thank you. Just a quick question so I know what we're voting on here. The Representative during the questioning last week said that this would give authority to this local board to make up… to deal with the racial profiling issue. Is that correct?"

Speaker Lyons: "I'll let Representative Beiser answer that question, Mr. Fritchey." 09600061.doc 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"No, this is a completely a gut and replace, Representative Fritchey. It doesn't have anything to do with racial profiling."

"I had a hunch. I just wanted to clarify, just because of the question from last week. Thank you."

"You're welcome."

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

"Representative Sullivan."

"Representative Beiser to close. Representative Durkin, did you have a question? Representative Jim Durkin."

"The Sponsor yields."

"IDOT will be the chooser of the vendor."

"Yes."

"It's my impression and my belief that it's the… strictly on the license plate."

"Under that scenario, I think that would be a correct assessment." 09600061.doc 35  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"It's my impression."

"Representative Pritchard."

"The Sponsor yields."

"No, it's strictly speed enforcement. I would assu… No, there isn't."

"Certainly."

"It's a different subject matter, Representative Pritchard, but I would also suggest that since this is going to be administered by a third party vendor and not law enforcement proper, I don't think we want to cross those boundaries as far as when another agency that is simply a vendor would have some type of powers like that."

"Again, I think we focused on a single subject which was speed in this case, enforcement by a third-party vendor…"

"Whereas those problems were unique to the toll highway and to those systems that you referred to, I would suggest that we have paid attention to the point that we do know there were concerns with previous programs or in… programs 09600061.doc 37  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 that are currently in place. And again, for this pilot project, which is simply a pilot project, we have tried to address those as best we can. But is anything 100 percent? Very few things are in life."

"The fact that we limited this to one bridge only, should have taken care of some of those if not all those concerns. But I have not been approached by any of the groups that you refer to about any opposition. I simply have not."

"Representative Monique Davis. Representative Davis." Davis, M.: "Thank you so much, Mr. Speaker. Last week there was some discussion about my not having approved the transfer of the Chief Sponsor of this Bill. After reviewing documents and talking to staff, I realized staff had come to me and they had asked me to allow Mr. Brazer… Representative Beiser to use the Bill. Now, I was a bit surprised at what they were using it for because I was not 09600061.doc 38  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 told it would be used for cameras. However, Mr… Representative Beiser has my full support. He's a very honorable Gentleman, and I know that he would never do anything in which we would not be supportive of in this Body on this particular issue. And I was also advised that in this particular area there are a number of accidents that occur, and the way the road or the bridge is situated, it's difficult to have police enforcement because police have a… It's a two-lane highway. So, I do support the Bill and I do support the issue, and I don't want to see cameras all over the State of Illinois, but on this issue, I think it is the right thing to do and I do support it."

Speaker Lyons: "Mr. Durkin, you've already spoken to the issue."

"Okay."

"This would be a civil penalty, and it would not count against their driver's record or their insurance."

"Yes, if they're not paid. After… after the due process works out and after it… if there has been in fact 09600061.doc 39  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 three violations that have been, for a lack of a better term, upheld, and not paid."

"Representative Rose."

"Representative Washington."

"Mr. Speaker, will the Sponsor yield?"

"Sponsor yields."

"Representative, two questions; one, why is it so low of a return going back to the City of East St. Louis? Why is it 10 percent? Why not 15 or 20 percent?"

"Representative, that was… requested the Senators when it came over. Senator… Majority Leader Claiborne will be carrying this Bill when it comes back to the Senate, and that was something that was agreed upon there." 09600061.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Okay, I see and I… there's not too much I can say on that, but I think it should have been a higher percentage rate for any overfunding. The other question is; you know, I notice in the first paragraph, the House Amendment, is this going to be bidded out or do someone… does someone have a specific interest in mind to provide the camera?"

"Anybody that provides these services could potentially bid on being the vendor."

"But I know, but Representative I'm just saying, is this going to be bidded out?"

"Yes."

"It will be bidded out?"

"Yes, by IDOT."

"Thank you."

"You're welcome."

"Thank you, Mr. Speaker."

Speaker Lyons: "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 'yes'; those opposed say 'no'. In the opinion… Representative Black."

"The Sponsor yields."

"No, this is specific to this program for these three violations should they be upheld, and there is no connection."

"It says… the wording is 'violations of the Automated Speed Enforcement Act'. So, that's where we're singling out just this program."

"Yes."

"Right."

"As far as for any of those three to be considered against or considered as part of the three, it would have to be… the entire process will have to have been exhausted 09600061.doc 42  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 and all the due process been held and it became at that point that the apparent violation had been proven. So, to answer your question, if a third one was caught by this camera, and there're… two of them were being appealed, there is… there is no… that would be the third camera finding. But as far as the counting for the three violations, those two had not been through the process."

"Well, I mean, as far as the toll way reference, it's my impression that if… well, as I did last year, if I would've had to pay that for not going through the toll improperly, then that did not count towards my driving record, so I was… I think this was the same thing. It's… That precedent's been set."

"It simply says that if that… that plate has been suspended then the police do have the ability, as they do, to remove that from the road. I mean, I…"

"Well, the enforcement mechanism is the registration and that type of information. So I, you know, I think I take your questions in good standing here, but I simply think that it… as it… it applies to this unique situation has been our attempt to establish this pilot project. I think we've tried to take into account everything that has been discussed with other programs throughout the state, whether it's red light cameras or toll ways or anything like that, and I simply think we maybe will not be able to answer everyone's concerns." 09600061.doc 44  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Representative Hoffman."

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

"Sponsor yields."

"Yes, real briefly. With regard to the definition of where these cameras can be used is very specific that it would be on the Martin Luther King Bridge and the immediate approaches thereto. Is that correct?"

"Yes."

"So, there would be… it would not be allowed on the Poplar Street Bridge or any other bridges throughout the State of Illinois?"

"No."

"And with regard to the issue of immediate approaches thereto, it's your intent that it just would just be the road that leads from 55/70 or 64, whatever interstates go across the Mississippi River Bridge, to the Martin Luther King… right?"

"Yes, it is."

"We don't want to expand it any further?"

"No, that's not my intention."

"To the Bill. I think people on the other side of the aisle need to understand the terrible and dangerous nature of this bridge. This isn't something that I take lightly 09600061.doc 45  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 because I don't believe that we… I think we need to tread very carefully with this new technology and the automated cameras. We made a decision here in the Illinois General Assembly, in areas that are ultra dangerous, we would allow these types of cameras. We do it in workplace safety areas. We decided to do it years ago in those types of areas, because so many people were losing their lives in… while they're working and in work zones. We made that decision. The Martin Luther King Bridge as it goes over St. Louis, year after year, month after month has terrible and tragic accidents affecting people's lives. A lot of that is due to the design of the bridge, but a lot of it also is due to speeding. So, we're just saying, in our area, this is an ultra dangerous zone. We don't want to expand it any further, but we believe that we, in order to protect the safety of the people and the motoring public in our area, we would like to see this passed in our area. There will be signage, there'll be notices. I have some issues with the high cost of the fines, but at the end of the day, there are so many accidents on this bridge, there are so many fatalities, there are so many tragic incidences of people losing their lives, we just see no other way to deal with this other than to use modern technology and save people's lives. So, I'm supporting the Gentleman's Bill."

"Representative Reboletti."

"Sponsor yields."

"Well, this is a… this information would be Freedom of Information. I mean, it's public record so as far as the mechanism, I do not know the specific answer to your question on how they would know from different State's Attorneys… different State's Attorneys Offices."

"It's an administrative process through IDOT that will be part of the program. In answer to your previous question, as far as there is information sharing between the vendor and the Secretary of State's Office. Now, the State's Attorneys Offices could access information through 09600061.doc 47  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 the Secretary… Secretary of State for the purposes that you describe."

"It's my impression it would be, but I… that's just my impression, yeah."

"IDOT will do the administrative hearing. The vendor simply supplies the information regarding any of these violations."

"As with other programs, it's appealed through IDOT and at that… at the end of that process should anyone feel that they are still in the… they have been found to be in the wrong for not a good reason, they could take this to the courts."

"First, it will go to pay for the program. We don't want… we want to be this… to this be cost neutral. After that, is when the 90/10 split would go into effect, after the costs associated with the program are satisfied."

"Representative Jackson, Representative Thapedi and then Representative Beiser to close. Eddie Jackson."

"Mr. Speaker, to the Bill. I rise in favor of the Bill. Being from the area, the Martin Luther King Bridge is a very dangerous bill… bridge, and what this Bill is doing is addressing or trying to come up with a way of trying to cut back on individual speeding and deaths on that particular bridge. We've come up with a lot of different things in terms of trying to have the State Police and other individuals, ticket and slow people on the bridge, but it hasn't worked. And, hopefully, with this initiative, we can come up with a way of cutting back or at least letting the drivers know that they're going to be ticketed if they speed on the bridge, as a means of cutting back on death on that particular bridge. And I'm in favor of this particular Bill."

"Dan Beiser to close."

"Yeah, Mr. Speaker, I appreciate the comments by the Members. I especially appreciate the comments by Representative Hoffman and Stephens and Jackson in that we have tried everything for this particular bridge, and this is simply what we have. It's a pilot project. There will be reporting back to the General Assembly every six months. If, at any point during this pilot project or at the end of 09600061.doc 49  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 it we feel that it's not working for whatever reason, we have the ability to pull that project. But, again, it's an answer to a very, very tragic bridge. As far as tragedies and fatalities, where the average speed by the State Police has been established at 15 miles per hour or more. So, it's for these reasons we bring this before this Body with the cautions that have been observed and recognized, and I would ask for your 'aye' vote on this. Thank you."

"The question is, 'Does Senate Bill 933 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… Representative Jackson, Representative Feigenholtz. Representative Jackson. Mr. Clerk, take the record. On this Bill, there are 68 Members voting 'yes', 41 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Eddie Washington, on page 4 of the Calendar you have Senate Bill 1268. Read the Bill, Mr. Clerk."

"Representative Washington. We read the Bill, Mr… Representative."

"Mr. Speaker, would you delay this Bill, please?"

"Do you wish to have this taken out of the record?"

"Yes, Sir, please." 09600061.doc 50  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Mr. Clerk, take the Bill out of the record so as not to disturb Mr. Washington's phone call. Representative Danny Reitz, on page 4 of the Calendar, you have Senate Bill 1483. Out of the record. Is Representative Jehan Gordon on the floor? Representative Jehan Gordon, not Careen. Close. Representative Jehan Gordon, you have Senate Bill 1511. Out of the record. Representative Careen Gordon, you have Senate Bill 1560. It's Representative Jehan Gordon, I'm sorry. Representative Jehan Gordon, you have Senate Bill 1560. Out of the record. Representative Bill Black, on the top of page 5 of the Calendar, you have Senate Bill 1906. Read the Bill, Mr. Clerk, Senate Bill 1906. Mr. Black, I believe there are some Amendments we have to deal with on Senate Bill 1906. You wish to bring that back to Second Reading for the purpose…"

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

"So, what's the next Amendment to be dealt with here, Mr. Clerk?"

"Mr. Black, on Floor Amendment #2." 09600061.doc 51  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Mr. Black, this is… we've got… the Clerk says we have Floor Amendment #2. Mr. Clerk."

"Mr. Black makes a Motion to withdraw Floor Amendment #2. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and Floor Amendment #2 is withdrawn. Mr. Clerk, further Amendments?"

"…Black, you with to leave that on the Order of Second Reading?" Black: Yes. It's my understanding that Floor Amendment #3 was to have been adopted, but evidently my information was incorrect. Hopefully, it will and we'll move the Bill when Floor Amendment #3 is ready."

"Let's leave the Bill on the Order of Second… Second Reading."

"Representative Naomi Jakobsson, on page 5 of the Calendar you have Senate Bill 2103. Read the Bill, Mr. Clerk. Mr. Clerk, what's the status of Senate Bill 2103?"

"Mr. Clerk, move that Bill back to the Order of Second Reading. Now, what's the status? Which Amendment, Sir?"

Speaker Lyons: "Representative Jakobsson on Floor Amendment #1."

"Senate Bill… Floor Amendment #1 to Senate Bill 2103 was filed to address a number of the comments that were made when this was discussed before. It… the Amendment exempts the IEPA's tire violations for those used or waste tires located on a residential household with 12 or fewer used or waste tires on site."

Speaker Lyons: "You heard the Lady's explanation on Floor Amendment #1. Are there any questions? Seeing none, 'Shall Floor Amendment #1 be adopted to Senate Bill 2103?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and Floor Amendment #1 is adopted. Anything further, Mr. Clerk?"

"Third Reading, Mr. Clerk, and read the Bill."

"Representative Naomi Jakobsson."

"Thank you, Mr. Speaker. Senate Bill 2103 provides that the Illinois EPA… it provides them with another useful tool in its efforts to prevent the spread of the deadly West Nile virus. There were 658 mosquito batches in 09600061.doc 53  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 Illinois tested positive for West Nile virus last year. And, while generally the state has seen fewer reported cases of West Nile virus in humans since it first appeared in 2002, it's certainly imperative that the state keep up its efforts to reduce these cases to the maximum extent possible through these tire cleanups and enforcement of existing laws and educating the public with this Amendment exempting 12 or fewer tires on a personal property. I urge an 'aye' vote."

"Representative Jim Sacia."

"Sponsor yields."

"The Gentleman from Randolph, Representative Dan Reitz."

"Thank you, Mr. Speaker. Just more a point of personal privilege. I was wondering, where's Paul Revere? We're kind of waiting over here to… for somebody to tell us the Red Coats are coming."

"Representative Tryon."

"The Lady yields."

"That's correct." 09600061.doc 55  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Correct."

"That's correct."

"That's right. After receiving the administrative citation…"

"Representative Jakobsson to close."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I believe this Bill has addressed many of the questions that were asked. It's a good environmental protection, protect us from West Nile virus possibilities, and I urge an 'aye' vote."

"The question is, 'Shall Senate Bill 2103 pass?' All those in favor signify by voting 'yes'; those opposed say '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? Mr. Clerk, take the record. On this Bill, there are 67 Members voting 'yes', 41 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, 09600061.doc 56  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 for the point of personal privilege, to my left and your right, not that they need any additional attention, there's a Gentleman with numerous red coats, Representative Randy Ramey for personal privilege."

"Representative Stephens, for what purpose do you seek recognition, Sir?"

"Representative Bost, for what purpose do you seek recognition?"

"Representative Fritchey, for what purpose do you seek recognition?"

"Inquiry. I'd always presumed all these weeks that Representative Ramey was borrowing his jacket from Senator Hendon. I'm just wondering where the other gentlemen got all those other red coats."

"Representative Ramey."

"Back to the Order of Senate Bills – Third Reading. Representative Black, did you seek recognition before we start back on Senate Bills? Your light has been on. Representative Black.

"I think it was in debate that it was used, Sir."

"Representative Mendoza, on the middle of page 5 under Senate Bills – Third Reading, you have Senate Bill… Out of the record. Ladies and Gentlemen, we're going to start with some of the concurrences on page 13 of concurrences… of nonconcurrences. Representative Eddie Jackson, yours is the first one, House Bill 85. The Gentleman has a Motion to Nonconcur with Senate Amendment #1. Representative Jackson."

"On the… Mr. Speaker, on Senate… on House Bill 85, the nonconcurrence for the Senate Amendment #1."

"The Gentleman moves for the nonconcurrence to Senate Amendment #1 to House Bill 85. Representative Black, do you have a question on the… The Gentleman moves to nonconcur with Amendment #1 to House Bill 85. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the House moves to nonconcur to Senate Amendment #1 to House Bill 85. Representative Lang, on page 14 of the Calendar, under concurrence, you have House Bill 261. Representative Lang, Motion on House Bill 261. The Motion is to nonconcur with Senate Amendments 1, 2, 3, and 4 to House Bill 261."

"That's correct, Sir. Motion to Nonconcur on all four Amendments." 09600061.doc 60  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Gentleman makes the Motion to nonconcur with Senate Amendments 1, 2, 3, and 4 to House Bill 261. Is there any discussion? All those in favor sig… On the question, Representative John Fritchey."

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

"Sponsor yields."

"Representative, one of the Senate Amendments was requested by the liquor control inspectors to allow Department of Revenue police powers to extend to the Liquor Control Commission, the Racing Board. Is that correct?"

"That, I think, was Amendment #1."

"And the… is… was that the one you had a concern with?"

"I think we're concerned with all four Amendments that came out of the Senate. It looks to me like the Bill needs a little work, so we're going to send it back and work on it."

"Okay."

"Unless the Senate decides to recede from their Amendments; in which case that would be fine with me as well."

"Well, okay, thank you."

Speaker Lyons: "You've heard the Gentleman's Motion to Nonconcur to Senate Amendments 1, 2, 3, and 4 to Senate Bill… House Bill 261. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it, and the Amendments are moved to nonconcur. Representative Lang, you have on page 14 of the 09600061.doc 61  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 Calendar under concurrence House Bill 255. House Bill 255, Lou, Senate Amendments 1 and 3."

"Bear with me a moment."

"Fine, we'll take that Motion temporarily out of the record. Representative Mary Flowers, under the Motions of Concurrences on Page 15 of the Calendar, you have House Bill 529. House Bill 529, Representative Flowers."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House, I move to concur with House Bill 529. And I'll be more than happy to answer any questions you have in regards to the legislation."

"The Lady moves to adopt… to concur with Senate Amendment #1 to House Bill 529. Are there any questions? Representative Eddy."

"The Sponsor yields."

"Yes, Representative. The new provision that established standards for the procedures for the reinstatement of parental rights and for the parents of the child that has been abused over the age of 13 that's still in the state's care. So that's…"

"It is, yes, Representative, it… this is similar to the provision that was in House Bill 3706."

"Yes, Representative. Oftentimes, when the rights of the parents have been terminated through no fault of their own, they were not able to have the rights reinstated because they were not able to follow through with the various programs. Maybe the programs was not available; maybe the funding was not available. And after awhile, the child has still not been adopted and he or she is really nobody's child. And quite frankly, there was… maybe there was some harm done, maybe there wasn't, but either way there is reunification with the family and the child is old enough and the parent and the child want to be brought together again. So, this Bill, House Bill 529, would reinstate the parental rights for the parent of a child over the age of 13 that's still in the state's care."

"You know, Representative, I think we just failed to call it due to the time constraints because it passed out of committee and there was no opposition from anyone of House Bill 3706 and so, we just amended it onto an existing Bill that we had over in the Senate already." 09600061.doc 63  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"The Chair recognizes the Gentleman from Jasper, Representative David Reis. The Gentleman does not seek recognition. The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."

"Sponsor yields."

"If it's amenable to the child as well as the parent, yes, it would."

"Yes."

Speaker Lyons: "Ladies and Gentlemen, the center aisle. Representative Coulson, if you could please move, there's a discussion going on between Representative Black and Flowers. Thank you."

"Representative, the Bill clearly states that if the minor's not currently in a placement likely to achieve permanency and if the minor…"

"…if it's in the best interests of"

"…the child. So…"

"The court shall not grant the motion for reinstatement of parental rights unless the court finds that the motion is supported by clear and convincing evidence."

"Yes."

"Representative Patty Bellock."

"Representative Flowers to close."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would move for an 'aye' vote."

"The question is, 'Shall this… Shall the House concur in Senate Amendment #1 to House Bill 529?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all 09600061.doc 66  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 voted who wish? Have all voted who wish? Have all voted who wish? Representative Chapa LaVia, do you wish to be recorded? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional… this Bill… does concur in Senate Amendment #1 to House Bill 529. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk."

"Representative Betsy Hannig, on page 19 of the Calendar you have on the Order of Concurrences, you have House Bill 2405. Representative Betsy Hannig on Amendments… Senate Amendments #1 and #2 to House Bill 2405."

"Senate Amendment #1 just eliminates the word 'surrender' in the Bill. So, the only method for parents is consent of the adoption of the child. That's the only change in Senate Amendment #1. This was a compromise between the Chicago Bar Association, Adoption Committee, the Cradle, which is an adoption agency. As such, the Chicago Bar Association agreed to limit the changes and taking only consent, not surrender. In Senate Amendment #2, the Adoption Act provides a mechanism for parent's 09600061.doc 67  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 rights to be reinstated, including physical custody. It is intended to reduce the amount of legal orphans or children who remain in the system, often bouncing to various foster homes. Approximately 500 children are orphaned each year due to the death of their adoptive parents. Senate Amendment #2 provides for the adoption of a minor by a former parent where the parental rights were surrendered or terminated in a proceeding of the Juvenile Court Act following an appointment of a guardian where the right to consent to adoption under the Juvenile Court Act or parental rights were terminated pursuant to the Adoption Act. In Senate Amendment #2, the child has been adopted and the adoptive parents have died or the adoptive parent is too disabled to provide care and is willing to consent to restore the former parent's rights and the former parent wishes to have their rights restored. It would… rights would be restored following a DCF investigation if the court finds that it is in the child's parents… finds in the child's parents, the birth parent's rights. The courts would be required to consider the following points. The basis for the termination of the parent rights in the case history; an assessment to the former parents current ability and willingness to provide adequate care and protection of the child and any other information concerning the child's safety; well-being or best interests of the child. Supporters of this Amendment include the Chicago Bar Association, Center for… I'd be glad to answer any questions." 09600061.doc 68  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"The Lady's explained Amendments #1 and #2. The Chair recognizes Representative Roger Eddy."

"Sponsor yields."

"I believe it did stall. That Bill was Sara Feigenholtz's Bill, and I'd be glad to yield my time to her."

"The Chair recognizes the Lady from Cook on the question, Representative Sara Feigenholtz."

"Thank you, Mr. Speaker. Representative Eddy, I believe that the reason this Bill came back is because there were some concerns on the part of some attorneys and the language needed to be cleaned up. We ran out of time and tacked 4055 once it was agreed onto Representative 09600061.doc 69  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 Hannig's Bill. This is, as she said, an initiative of the Chicago Bar Association's Adoption Law Subcommittee."

"Yes. This is a special circumstance adoption to transfer without… transfer a child from one parent to a birth parent if there is a relationship, upon the death of the adoptive parent. It's specific to special cases. This is a Bill that was drafted by an attorney who specifically works with mothers who die of AIDS and don't want to see their children languish in the system and want to be able to, if there are no other relatives to adopt the child, to have an opportunity to file a petition. It doesn't give them extraordinary rights of any sort; it just allows them to have their day in court."

"Yes."

"Yes. There's approximately 500 children in this state that are orphaned every year due to the death of an adoptive parent. They're… they become legal orphans, and this Amendment provides for the adoption of a minor by a former parent under certain circumstances."

"So, one of the circumstances is that the adoptive parent has died or they're too disabled to provide care and 09600061.doc 70  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 are willing to consent to restore the former parent's rights and former parent wishes to have their right restored. So, the adoptive parent, prior to death, consents to this. Of course, all the other things that need to occur prior to an adoption; the consideration of best interest of the child which is in the Juvenile Court Act; a DCFS investigation and complete court intervention under these circumstances."

"Representative Eddy, if you could bring your remarks to a conclusion we'd appreciate it."

"Representative, I'd be glad to answer your concerns. I think they're legitimate and I think that when we only look at a small piece of a very complicated Act, which is the Adoption Act, that the… these are children who 09600061.doc 71  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 have no other relatives in their adoptive family who can take care of them, can adopt them, or want to adopt them."

Speaker Lyons: "The Gentleman from Tazewell, Representative Keith Sommer."

"The Gentleman from Vermilion, Representative Bill Black."

"Sponsor yields."

Speaker Lyons: "Who wishes to respond, Representative Feigenholtz or Representative Hannig? Representative Feigenholtz."

"You're on page 2, lines…"

"Section 3?"

"Okay, I see it. At the time of the adoption…"

"Well, I think… I think these are two, Representative Black, I believe that these are two circumstances under which this orphaned child who was 09600061.doc 73  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 adopted by relatives of either the birth parent or a relative of the birth parent. It depends on the circumstances. I'm assuming that when the author of the Bill drafted this she, and I'm sure you know Linda Kuhn that works with, as I said, people who are dying of AIDS and leaving children and have no other relatives in the adoptive family who can take care of them and there is a relationship with the birth family. For instance, a birth parent who may have had issues with chemical dependence, who may have gone through rehabilitation and reestablish contact with both the adoptive family and the child who they had relinquished or had their rights terminated. So, I would imagine that, under these circumstances, if there are no other adoptive relatives that this is a Bill that keeps that child out of the foster system and in… It's an opportunity for the birth parent to re-approach the court after having had their rights terminated to readopt or a relative of that birth parent. That's what that means."

"Well, this was written by lawyers, Representative."

"Representative, I believe that if there is a will in place or parents who are or relatives of the adoptive family who are willing, that that supersedes this law. This is really for more…"

"Mr. Black, your time has expired. We'll give you another minute to conclude this questioning. Sara."

"The Gentleman from Champaign, Representative Chapin Rose."

"Representative Rose, to Sara Feigenholtz or Representative Hannig?"

"Is it on the Amendment? Maybe Representative Feigenholtz…" 09600061.doc 76  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Representative Feigenholtz."

"Could you repeat that?"

"That's Amendment #1, is that right?"

"Representative Lyons, could you turn Representative Hannig's speak light on?"

"We'll redirect that question to Representative Hannig."

"The original Bill did allow someone that the court appointed to take the consent. It also allowed for electronic means that was to help people that were detained in a facility but wanted to place their child up for adoption."

"It's someone that the court… or someone that the court appoints, or it could be a social service person or even electronically and that was in the original Bill."

"No. It sounds like it's a… someone is sent to the facility and it's video recorded, I believe."

"Yes. The person that's taking the consent must be approved by the court."

"We'll be happy to get back to you. We're looking for that right now. We can take the next question."

"Yes, we believe that the court is involved, and we're looking for that line in the Bill."

"The Bill clarifies that the consent can be acknowledged by someone appointed by the court; an agency representative, or someone the court appoints acknowledging. The person does not have to be in the court when the petition is filed. If the person is incarcerated or detained in the facility and wishes to consent adoption, the adop…"

"We'll extend this for another minute so you can answer this question."

"It's in the original Bill, in House Bill 2405."

"It's not in either of the Amendments. The question you were talking…"

"Representative Feigenholtz."

"Representative Rose, maybe I can illuminate something from the analysis that we have here about the underlying Bill, Amendment #1. It seems as though there are circumstances where a parent is unable, for some 09600061.doc 79  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 reason, to not appear in court for health reasons or some other problem, a disability perhaps, and this is a Bill that gives the court the ability to acknowledge this consent via telecommunication or through an agent. The attorney being that agent and that attorney being appointed specifically to take that consent, or surrender, I'm sorry, by the court; supervised by the court and charged by the court."

Speaker Lyons: "Representative Cole. Representative Sandy Cole."

"Representative Feigenholtz."

"It's not in this Bill, Representative Cole. I believe that it, you know, it's in general law. But I do want to, just for the record, clarify that this is a piece of legislation that merely changes one provision and that is allowing this particular person, this birth parent or 09600061.doc 80  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 relative of a birth parent, to be able to petition the court. This does not give that person any special rights. It allows them an opportunity to petition the court. Until this… until now, this person is only allowed to be a guardian."

"To the Bill."

"Representative Hannig to close."

"I yield to Sara."

"Representative Feigenholtz."

"Representative Cole, on page 2 of this legislation, just on Senate Amendment #2, Section 3, page 2, Section 3, line 21, it says 'and no standby guardian or standby adoptive parent has been appointed for the minor and no guardian has been appointed by the adoptive parent for the minor through a will'. So, I think you have legitimate concerns about your family, but un… but those circumstances don't actually fit under the circumstances in this law. The children that this Bill addresses are children who are orphans. They don't have siblings who… or other family members who want to adopt them. I just want, for the record, to be very clear that there is on page 24 of this Amendment, acknowledgement of a will."

"The question is, 'Should the House concur in Senate Amendments #1 and 2 to House Bill 2405?' All those 09600061.doc 82  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 in favor signify by voting 'yes'; those opposed vote 'no'. This is final action. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Acevedo, Representative Lang. Mr. Clerk, take the record. On this Bill, there are 78 Members voting 'yes', 32 Members voting 'no'. The House does concur in Senate Amendments #1 and 2 to Senate Bill… to House Bill 2405. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Black, for what purpose do you seek recognition, Sir?"

"Representative Currie."

"Thank you, Speaker. I object to the Gentleman's Motion."

"Mr. Black."

"Mr. Black, your original Motion, of course, because it did not have unanimous decision, has failed and the Gentleman now wishes to appeal the ruling of the Chair. On that Motion, the Chair recognizes the Lady from Will, Representative Renée Kosel."

Speaker Lyons: "On the question, the Chair recognizes the Gentleman from DuPage, Representative Fortner." 09600061.doc 84  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Representative Frank Mautino in the Chair."

Speaker Mautino: "Gee, thank you. The Gentleman from Vermilion, Representative Black, is seeking recognition. Mautino in the Chair." 09600061.doc 85  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Well, since you're calling for them…"

"Mr. Brady is…"

"Okay."

"Certainly. The Gentleman from McLean is seeking recognition, Representative Brady."

"The Gentleman from Crawford, Representative Eddy."

"The Gentleman from Vermilion, Representative Black, to close."

"The Gentleman from Vermilion has filed a Motion in writing to discharge committee House Bill 4448. The question is… and has moved to overrule the Chair. The question is, 'Shall the Chair be sustained?' All in favor vote 'yes'; 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. 62 voting 'yes', 47 voting 'no', 0 voting 'present', the Chair is sustained. The Lady from Will, Representative Kosel."

"On Page 6 of the Calendar appears Senate Bill 235, Representative Turner. Mr. Clerk, read the Bill."

"Third Reading. Mr. Clerk, place House Joint Resolution 51 on the board and read the Resolution." 09600061.doc 90  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"Out of the record. Now… Representative Turner, on page 6 of the Calendar is Senate Bill 235. Mr. Clerk, read the Bill."

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

"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. Senate Bill 235 is an initiative of the Chicago Public Schools. It was back in 1980 we created the School Finance Authority, which was an authority that was created because of problems that school districts have locally and this was an answer to dealing with those financial problems, so we created the Chicago Public School Finance Authority. In the year 2003, they had taken care of all of their financial obligations and the education oversight powers were made permanent in 2003. And since 1985… since 1995, the School Finance Authority has focused on paying off the debts that were issued prior to that. All those debts are currently paid and this… the intent of this Bill is to dissolve the School Finance Authority as of June 10… no, June 1, 2010. The last debt service payment will be made on June 1, 2009 and I move for the adoption of Senate Bill 235." 09600061.doc 91  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"The Gentleman has moved passage of Senate Bill 235. And on that, the Gentleman from Crawford, Representative Eddy."

"He indicates that he will."

"No, it doesn't."

"That's correct."

"The… So all the rights and properties will be vested… that was vested with the Chicago Board will now go to the state."

"That's correct. June…"

"That's right, June 1, 2010 and our last debt service payment will be made on June 1 of this year."

"Whatever's left in the fund when the authority is abolished, after all its obligations have been paid, all it's rights and properties will then be passed and vested to the State of Illinois. Now, the dollar amount, I don't know what that is specifically."

"If it goes back to the General Fund, isn't that the taxpayers of Illinois?"

"That's your understanding, it goes back to the Chicago Public Schools?"

"Where did the money come from, Representative? I think the money was raised via the taxes of the people in the City of Chicago, if I'm not mistaken."

"This is all City of Chicago."

"And we… and…"

"That's right."

"Thank you."

"Further questions? Representative Monique Davis, the Lady from Cook." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"He indicates he will."

"Yes." Davis, M.: "Okay. Does the Principal Association agree with this?"

"Representative, this Bill now has been amended and if I'm not mistaken, it only deals with the School Finance Authority." Davis, M.: "Okay. So, it does have absolutely nothing to do with how principals are chosen or selected and what the responsibilities of the principals are?"

"Yes." Davis, M.: "And how the LSC continues to select them?" 09600061.doc 94  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009

"It's my understanding this is still strictly with the School Finance Authority." Davis, M.: "It is your understanding from reading the text of the Bill?"

"That's correct." Davis, M.: "Okay. I support your Bill and thanks for your answers."

"The Gentleman moves passage of Senate Bill 235. And on that question, the question is, 'Shall this Bill pass?' All in favor vote 'yes'; 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. 110 voting 'yes', 0 voting 'no', 0 voting 'present'. Senate Bill 235, having received the Constitution Majority, is declared passed. On page 25 of your Calendar appears House Joint Resolution 55, Representative Reitz. Mr. Clerk, read the Bill."

"The Gentleman from Randolph, Representative Reitz."

"Thank you, Mr. Speaker. House Joint Resolution 55 calls to establish an affordable Alzheimer's housing which serves program where we've been working with the Governor's office trying to build off the existing assisted living center type programs and make sure that they work for 09600061.doc 95  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 Alzheimer patients and try to secure Medicare funding. We held a series of hearings in the Metro East and have heard from a number of families that are having to move people out from Alzheimer units to nursing homes and we think this will help."

"The Gentleman has moved adoption of House Joint Resolution 55. On that question, no one seeking recognition. All in favor vote 'yes'; 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. 110 voting 'yes', 0 voting 'no', 0 voting 'present'. House Joint Resolution 55, having received the Constitutional Majority, is declared adopted. Majority Leader Currie for a Motion. The Lady from Cook, Majority Leader Currie."

"Thank you, Speaker. I move to suspend the posting requirements so that Senate Bills 52, 262, 265, 321, 451, 1433, 1466, 1609, 1825, 1846, 1959, 2052, 2168, and 2218 can be heard in the Committee on the Executive, and Senate Bills 256, 1623, and 1691 in Revenue. I know of no objections to the Motion. I'd appreciate your support."

Speaker Mautino: "The Gentleman from Bond, Representative Stephens, is seeking recognition."

"I'd like to thank the Gentleman from Bond. The Lady has moved the… moved to suspend the posting 09600061.doc 96  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 requirements. All in favor say 'yes'; opposed 'no'. The 'yeses' have it, and the posting requirements are suspended. Mr. Clerk, Agreed Resolutions."

"Representative Currie now moves the adoption of the Agreed Resolutions. All in favor say 'yes'; opposed say 'no'. The 'yeses' have it, and the Agreed Resolutions are adopted. Mr. Clerk, committee announcements."

"Representative Lyons, for an announcement."

"And now for something completely different. Ladies and Gentlemen, to the few and the proud, the White Sox fans caucus and to my dear friends who are Cub and Cardinal fans, it's with the greatest regret that we found out on Friday afternoon that the White Sox game scheduled for tonight was going to be put on WCIU, which is not available down here. So, being quick on our feet, Friday we put out to all your secretaries, hopefully, that we changed the date until tomorrow night. So, the White Sox caucus will meet at the same place, over at the Alamo. They have a beer garden. The White Sox game will be on tomorrow night at 9:00, so White Sox fans gather, unite. Cub, Cardinal fans behave yourselves, which you're also welcome to come 09600061.doc 97  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 61st Legislative Day 5/26/2009 over and watch the Sox game at the Alamo. Thank you, Ladies and Gentlemen."

"Representative Burke for announcement."

"Thank you, Mr. Speaker, Ladies and Gentlemen. The Democrats will be meeting immediately at adjournment in Room 114."

Speaker Mautino: "Representative Osmond. Representative Osmond."

"The Republicans will caucus in Room 118 on adjournment; Democrats in Room 114. Any further announcements? Representative Currie now moves the House now stand adjourned until Wednesday, May 27, at the hour of 11:00 a.m. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. Allowing perfunctory time for the Clerk, the House stands adjourned. Representative Mitchell." Mitchell, J.: "Speaker, committees were supposed to start at 5:00 p.m., but now both sides are going to caucus. Is there a change in the time for committees?"

"Yes, the committees will meet after caucuses. It is now 3:45." Mitchell, J.: "Thank you."