Illinois House Floor Debate — April 21, 2010

Speaker Lyons: "Good afternoon Illinois. The House of Representatives will come… call its Members to order. Members are asked to please be at their desks. We shall be led in prayer today by Reverend Bill Schell who was an ordained (sic-Evangelist) minister from Johnston, (sic-New Burnside), Illinois and Ministers around the world. Reverend Schell is the guest of Representative Bradley. Members and guests are asked to please refrain from starting their laptops, turn off all cell phones and pagers. Everyone's asked to please rise for the invocation and the Pledge of Allegiance. Reverend Bill Schell."

"Representative Suzie Bassi, would you lead us in the Pledge of Allegiance." Bassi – 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."

Speaker Lyons: "Thank you, Reverend, thank you very much. Appreciate you coming down here. God love you. Beautiful words. Roll Call for Attendance. Leader Barbara Flynn Currie, Democrats."

"Thank you Speaker. I… let the record please reflect that I have no excused absences among House Democrats today."

"Thank you. Leader Mike Bost on the GOP."

"Mr. Clerk, take the record. 115 Members have responded. We have a quorum and prepared to do the work of the will of the people of the State of Illinois. Mr. Clerk, committee announcements."

Speaker Lyons: "Representative Roger Eddy, do you seek recognition on a point of personal privilege?"

"Please proceed."

"Enjoy your day at the Capitol. Proud to have you. Representative Monique Davis, for what purpose do you seek recognition? Representative André Thapedi, point of personal privilege?"

"Yes, Mr. Speaker."

"Please proceed."

"Thank you, Mr. Speaker. Mr. Speaker, a couple of weeks ago we had the… the pleasure of acknowledging one of our own that went to the Chicago City Council and I'm 09600128.doc 5  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 asking all of the Members today to join me in welcoming, up in the Speaker's Gallery, Alderman Lona Lane from the 18th Ward in the City of Chicago. Welcome to Springfield, Alderman."

Speaker Lyons: "Welcome, Alderman. Enjoy your day in Springfield. Ladies and Gentlemen, there are a few Bills on Second Reading for Members that weren't on the floor yesterday. So, we'll be starting on page 8. If you hear your name and you want your Bill moved from Second to Third Reading, please acknowledge. Representative Brandon Phelps, on page 8 of the Calendar, you have Senate Bill 575. Out of the record. Out of the record. Representative Phelps, you also have Senate Bill… on page 9 of the Calendar, Senate Bill 2529. Page 9 of the Calendar, Senate Bill 2529. Out of the record. Representative Marlow Colvin, on page 10 of the Calendar, under Senate Bills- Second Reading, you have Senate Bill 3291. Marlow, do you want us to move that Bill? Read the Bill, Mr… read the Bill, Mr. Clerk."

"Third Reading. Representative Phelps, you have Senate Bill 3494. Out of the record. Representative Elaine Nekritz, I believe you are in the chamber. Representative Elaine Nekritz. Representative Nekritz, you have a couple of Bills on the Order of Second Reading. You have Senate Bill 3118. Do you wish to move that Bill to 09600128.doc 6  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 the Order of Third Reading? Read the Bill, Mr. Clerk. Hold on, Elaine."

"Third Reading. Representative Nekritz, you also have Senate Bill 3385. Do you wish to move that Bill to Third Reading? 3385. Read the Bill, Mr. Clerk."

"Third Reading. Ladies and Gentlemen, we'll be starting with the Senate Bills now on the Third Reading. I'll be running down the Calendar starting on page 2. The first Bill that we have on the Order of Third Reading is Representative Fritchey. You have Senate Bill 660. Read the Bill, Mr. Clerk. 660, Mr. Clerk."

"The Chair recognizes the Gentleman from Cook, Representative John Fritchey."

"Thank you, Speaker. I know of no opposition to the Bill. I simply ask for an 'aye' vote."

"You heard the Gentleman's explanation of the Bill. Any questions? The Chair recognizes the Gentleman from Cook, Representative Harry Osterman."

"Will the Sponsor yield?"

"Sponsor yields." 09600128.doc 7  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"My good friend might think this is the Cook County Commissioner's chambers and that's how they pass a Bill, but I think the House of Representatives deserves a full explanation as to what this Bill will do.

"Representative, that's about as full as my explanation gets. No, all… all kidding aside, this has to deal with the issue of public adjusters and regulating pubic adjusters in Illinois. Public adjusters are the individuals that will work as intermediaries between consumers and the insurance companies after issues such as a fire and things along these lines. This has been a matter of extensive negotiation between the Department of Insurance, others in the insurance industry, as well as the Cook County State's Attorney, all of whom now support the Bill."

"Seeing no further discussion, the question is, 'Should Senate Bill 660 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 Beiser, Coulson, Feigenholtz, Flowers, Wait, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 85 Members voting ‘yes’, 30 Members voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Raymond Poe, for what purpose do you seek recognition, Sir?"

"Proceed." 09600128.doc 8  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"Enjoy your day at the Capitol. Proud to have you down here. Representative Dennis Reboletti, on page 2 of the Calendar, Senate Bill-Third Readings, you have Senate Bill 1020. Read the Bill, Mr. Clerk."

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

"The Chair recognizes the Gentleman from Cook, Representative John Fritchey."

"Tha… thank you, Speaker. Actually, to the Bill. I just want to thank Representative Reboletti. He knows I've had trouble with some of these Bills that overreach at 09600128.doc 9  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 times, but this is a Bill that does what it's intended to do. What it's intended to do is a laudable and right thing and I appreciate his work on the Amendment to make sure that we clarified it; to make sure that we have a good Bill and one that will withstand legal scrutiny. So, thank you, Representative Reb… Reboletti. I request an 'aye' vote."

"The Chair recognizes the Lady from Grundy, Representative Careen Gordon." Gordon, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Gordon, C.: "Representative, what does the fact that the victim was under the influence of alcohol have to do with a sex crime?"

"Seeing no further discussion, the question is, ‘Should Senate Bill 1020 pass?’ All those in favor signify 09600128.doc 11  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 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 Duncan, Karen May, Jerry Mitchell. Mr. Clerk, take the record. On this Bill, there's 115 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lou Lang, on the bottom of page 2 of the Calendar, you have Senate Bill 1381. Out of the record. Representative Elaine Nekritz, on page 2 of the Calendar, you have Senate Bill 941, Elaine? Senate Bill 941. Mr. Clerk, on the request of the Sponsor move Senate Bill 941 back to the Order of Second Reading. Susana Mendoza, on the top of page 3, you have Senate Bill 2462. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, Senate Bill 2462 provides that a sex offender or a sexual predator shall, at the time of registration, provide the law enforcement agency in which the offender registers, a copy of the terms and the conditions of parole or mandatory supervised release, signed by the sex offender and given to the sex offender by his or her supervising officer. Currently, the Act requires disclosure of certain information, but not the terms of… or conditions of the parolee release. I think it’s a very important addition to the current sex offender law in statute. There's no 09600128.doc 12  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 opposition that I know of, and I would ask for your support."

"Is there any discussion? Seeing none, the question is, ‘Does Senate Bill 2462 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 Dunkin, Jerry Mitchell. Mr. Clerk, take the record. On this Bill, there's 115 Members voting ‘yes’, 0 voting ‘no’, and 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Rich Brauer, on page 3 of the Calendar, you have Senate Bill 2488. Read the Bill, Mr. Clerk."

"The Gentleman from… from Menard, Representative Rich Brauer."

"Is there any discussion? The Chair recognizes the Lady from Grundy, Representative Careen Gordon." 09600128.doc 13  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 Gordon, C.: "Representative… so aggravated assault, you know, is just threatening someone… with a weapon. Is that correct?"

"Seeing no further discussion, the question is, ‘Does Senate Bill 2488 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 Riley. Mr. Clerk, take the record. On this Bill, there's 113 Members voting ‘yes’, 2 Members voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Acevedo, for what purpose do you seek recognition, Sir?"

"Mr. Speaker, I rise on a point of personal privilege."

"Please proceed."

"Ladies and Gentlemen of the House, about approximately a month ago I passed a Resolution that asked for Congress to reconsider the charges against three Navy Seals for an abuse of a prisoner. Yesterday, Petty Officer 1st Julio Huertas went on trial for court-martial. So, I ask that you keep him in your thoughts and prayers. We must never forget what these brave men and women do for us, and have done. Thank you so much."

"Thank you, Representative. Representative Mike Tryon, on Senate Bill-Third Reading, you have Senate Bill 2490. Read the Bill, Mr. Clerk." 09600128.doc 15  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

Speaker Lyons: "The Chair recognizes the Gentleman from McHenry, Representative Mike Tryon."

"Is there any discussion? Seeing none, the question is, ‘Should Senate Bill 2490 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 09600128.doc 16  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 Brady, Fritchey. Mr. Clerk, take the record. On this Bill, there's 110 Members voting ‘yes’, 5 Members voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman from Cook, Representative Lou Lang."

"Thank you, Mr. Speaker. I'd like to announce that the Jobs Creation Task Force meeting scheduled for this afternoon will be cancelled."

"Thank you, Representative Lang. Representative Coladipietro, you have Senate Bill 2509. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from DuPage, Representative Coladipietro."

"Is there any discussion? The Chair recognizes the Gentleman from McHenry, Representative Jack Franks. And Jack before you start, hold on a minute." 09600128.doc 17  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"Okay."

"Ladies and Gentlemen, can we please bring the noise level down slightly. It's early in the morning and the noise level gets tremendous in here. Shh… Thank you very much. Representative Franks."

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

"Sponsor yields."

"Thank you. Representative, I'm reading the analysis, and I'm not sure I understand the federal gift in the state tax rule in asking that the withdrawal may not exceed the greater of five thousand or five percent of the assets in the trust. Are we decoupling from the federal rules and what… that'd be my first question. And the second question is, why do we need this Bill?"

"Okay. Can you… they're talking about these Crummey powers? Is that a specific type of trust?"

"I remember the rule in Shelley's Case, and I was wondering if this had any affect on that?" 09600128.doc 18  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"Oh."

"Well, then I'm all for it. Thank you for answering those questions."

"Seeing no further discussion, the question is, 'Should Senate Bill 2509 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative John Bradley, you have Senate Bill 2514 on the Order of Third Readings. Read the Bill, Mr. Clerk."

"Representative John Bradley." Bradley, J.: "This would be a Bill that would prohibit attorneys from coming in years after a case settles in Probate Court and seeking a fee. It puts a limitation on that. I ask for an 'aye' vote."

"You heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2514 pass?' All those in favor signify 09600128.doc 19  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 by saying… 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 Walker, Hannig, Dunkin. 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. Mr. Clerk, on page 3 of the Calendar, on Senate Bills-Third Reading, Representative Dan Beiser has Senate Bill 2520. Read the Bill, Mr. Clerk."

"The Gentleman from Madison, Representative Dan Beiser."

"Thank you, Mr. Speaker. Senate Bill 2520, which passed out of the Senate with a very good vote, is an initiative of the Metro East Sanitary District and it pertains simply to that. And basically this is a process that started back in 2007 when FEMA and the Army Corps… Corps of Engineers kind of dropped a bombshell on our area, saying that they were attempt… they were potentially going to decertify our levees, and resulting flood insurance would go sky-high for the people in that impacted area. This allows the Metro-East Sanitary District to make sure that the areas that are being served are contributing. And I would ask for a favorable vote, be happy to answer any questions. But again, it's an initiative of the Metro-East Sanitary District, solely."

Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy." 09600128.doc 20  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"Sponsor yields."

"Roger, we'll… we'll get that answer and get back to you before… before we vote on it."

"Yes."

"Currently being served req… they're actually getting the benefits, currently, as we speak."

"Yes."

"Well, I guess the way I'd respond to that, Representative Eddy, is that these people are in the… they're currently getting served by this district. They're in the area and they're not contributing. Is it going to… 09600128.doc 21  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 is it… and I think the question was asked in committee, does this impact… does eminent domain come into play? And that the answer to that would be no. They're in the district currently."

"Yes."

"Yes."

"Representative, your time expired. I'll give you another minute if you want it."

"And when the parliamentarian will get back to us with an answer before we vote on this Bill."

"We will get back to you."

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

"Sponsor yields."

"It just gives the authority to the sanitary district to annex the property."

"True. That's correct."

"It's done by an ordinance of the… this gives the… this enables the sanitary district to do this."

"I think since they're receiving services that they will… I… I don't think they can receive the services without being part of the district."

"This is a… I'm sorry. I didn't hear that or I didn't understand that question."

"Metro East Sanitary District is its own entity. Basically, we're covered by… or we're protected by five levee systems and again, it's only for this. As you recall, this is a trailer Bill, actually, to a Senate Bill that we passed under the 95th General Assembly that allowed us to create, for our own area, the flood protection district, and try to correct the situation within 09600128.doc 23  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 ourselves. And this further enables the Metro East Sanitary District to those properties that are receiving the services to get the nec… the accompanying revenues from the taxation of that district."

"Representative Reis, your time's expired, but we'll give you another minute for a follow-up question."

"Is served the same as what?"

"If they're receiving this… I don't know how to describe it other than…"

"David, I think if… if I'm understanding your question right, hooked up, yeah, I think we're talking about it's maybe a sanitary sewer type of system. This is a levee system. This is to deal with the levees for the Metro-East Sanitary District. And again, it gets back to FEMA making that situation where they're, seriously, going to decertify our levees."

"The Chair recognizes Representative Rosemary Mulligan."

"Sponsor yields."

"Yes. This is… this is something that the sanitary district has asked just for themselves. It's just for our area. Again, like I said, Representative Mulligan, it's a trailer Bill to the one where we're saying we've got a complex levee system that protects our… our residential and commercial areas and farming areas. We asked in… in the 95th General Assembly for permission to do this to ourselves, to protect our levees. This just furthers that when it… as it applies to the Metro East Sanitary District."

"Yes."

"I would, you know, that would speculate that most people probably would not, however, I think they… those same residents want to be protected from a potential devastating flood and they're receiving those services." 09600128.doc 25  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"Sure. This, again, this only impacts… and we're only asking for it to give the Metro East Sanitary District this ability, and no other area of the state and nothing other than that."

"Representative Eddy, we have the parliamentarian here to give you a response on your inquiry."

Speaker Lyons: "The Chair recognizes Representative Pat Verschoore."

"Thank you, Mr. Speaker. To the Bill. This Bill was brought before my committee and like the Bill Sponsor said, this is just basically getting the people that have reaped all these benefits these years to pay their fair 09600128.doc 26  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 share. It's a good Bill and I would urge an 'aye' vote for this. Thank you very much."

"The Chair recognizes the Gentleman for Morgan, Representative Jim Watson."

"Representative Fortner."

"Sponsor yields."

"Yes."

"I don't… I don't have the history to that, so I don't… I really don't have the answer to that, Mike."

"This district… right. Thank you. As Representative Watson just gave me some feedback and I was reminded also from staff, this district evolved from another district going back into the '40s and therefore, that's why you have situations… like to present itself, that it makes this piece of legislation necessary in order to get the… for those being served to pay their fair share."

"Yes."

"The Gentleman from St. Clair, Representative Tom Holbrook."

"Thank you, Speaker. To the Bill. Our levee district in the Metro-East were established back during World War II, and right after. A lot of them were built by WPA. Recently we've been having some rough times with the Federal Government, with IEMA and FEMA, over what areas were and weren't covered by our levees, which are protected. We've kept our levees to the federal standard that the feds build them at for the last… since they were built in the '40s and '30s. What we have found, with GPS 09600128.doc 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 and many of the other more advanced technologies today, there are areas what we were protecting that are contiguous to this that are covered, areas that the Federal Government say we need to protect 'cause they're in the floodplain. We're already protecting them. These people are already receiving these services, and due, in most cases, to updating of technology like the GPS system, we've identified these properties. And that's what this Bill's going to do. And it will allow those people being protected, that we have discovered that are in that area, that are being covered, which are in a huge issue of our area for economic development, as we have to bring these levees up to the new standards the Federal Government has brought to us after the Katrina. This has brought this to the forefront. It's brought the technologies in a much, much closer review of what we're doing with these floodplain areas. And that's why this Bill was developed. We've discovered some of these properties have been getting by without paying their fair share, while the other folks are bearing it. It's a good Bill. I'd ask for everyone to vote for it. Thank you."

"Representative Beiser to close."

"Yes, Mr. Chair, thank you. I would simply say that as these levees were created back in the '40s, there was no growth in this area, it was just blank and as as Representative Watson alluded to earlier, now we have growth. And now we have FEMA and the Corps of Engineers telling us that potentially we're going to have these levees decertified and all these properties suffer the 09600128.doc 29  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 consequences of increased flood insurance rates. And we're attempting to bring our levees up to standards to meet the requirements that may be imposed. It's only for our area and I would ask an 'aye' vote. And I'd appreciate an 'aye' vote."

Speaker Lyons: "The question is, 'Should Senate Bill 2520 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 Mell, Miller, Winters. Mr. Clerk, take the record. On this Bill, there are 82 Members voting 'yes', 33 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mark Walker, on Third Reading-Senate Bills you have Senate Bill 2527. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Mark Walker."

"Thank you, Mr. Chair. Senate Bill 2527 expands the number of residential rehabilitation facilities that treat people with acquired or traumatic brain injuries from two to five. This… there is one facility that started over two years ago. It expanded in the last Session to two. We're now looking to expand the number of licenses to five. These residential brain injury rehabilitation centers allow a person to go into a homelike setting to learn how to use appliances, learn how to live their life and to rehabilitate them in that way. I am especially proud to 09600128.doc 30  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 Sponsor this because traumatic brain injuries is the signature injury of our current wars and this will help veterans."

"Seeing no one seeks recognition, the question is, 'Should Senate Bill 2527 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 Danny Reitz, Zalewski. Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Tom Holbrook, you have Senate Bill 2533. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from St. Clair, Representative Tom Holbrook."

"Thank you, Speaker. Senate Bill 2533 is an initiative from the Child Death Review Team Executive Council. They need to finish their work on this program. This passed out of the Senate unanimously. I know of no opposition to the Bill and there's no appropriation needed for it. I'd take questions and ask for an 'aye' vote."

"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2533 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 09600128.doc 31  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 Nekritz, Danny Reitz. Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Ramey, you have Senate Bill 2504. Read the Bill, Mr. Clerk."

"The Gentleman from DuPage, Representative Randy Ramey."

"You heard the Gentleman's explanation, is there any discussion? The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."

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

"The Sponsor yields."

"Thank you. Representative, isn't this the law right now?"

"Okay. What happens if one… That's a good answer, I want you to know. I appreciate…"

"I appreciate that. What happens right now if one is committed to a secured facility and needs to be transferred? How does… how does it work?" 09600128.doc 32  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"All right. So, what you're trying to do is codify the protocol?"

"Sounds good. Thank you."

Speaker Lyons: "No one seeking discussion, further, Representative Ramey to close."

Speaker Lyons: "The question is, 'Should Senate Bill 2504 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? Suzie Bassi, Frank Mautino. Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Representative Bob Pritchard has Senate Bill 2537. Read the Bill."

"Representative Bob Pritchard." 09600128.doc 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"You heard the Gentleman's explanation of the Bill. Is there any discussion? Seeing none. The question is, 'Should Senate Bill 2537 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Sid Mathias has Senate Bill 2541 on the bottom of page 3. Read the Bill, Mr. Clerk."

"Representative Mathias."

"You heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 09600128.doc 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 'Should Senate Bill 2541 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? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Saviano, you have Senate Bill 2553. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Cook. Representative Skip Saviano."

"Mr. Clerk, status of Amendments."

"You heard the Gentleman's explanation. Seeing no discussion, the question is, 'Should Senate Bill 2553 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? Bob Biggins. Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby 09600128.doc 35  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 declared passed. Representative Careen Gordon, on the bottom of page 3 you have Senate Bill 2570. Read the Bill, Mr. Clerk."

"The Lady from Grundy, Representative Careen Gordon." Gordon, C.: "Thank you, Mr. Speaker. This has to do with support orders and maintenance orders. When someone files a posttrial motion to modify either one of those, the support order and the maintenance order stays in effect until that posttrial motion is decided upon by the courts, so someone is not denied their child support or their maintenance during the course of that posttrial motion, until it's decided upon. This constantly happens. And it's something that the State Bar Association supports. I'd be happy to answer any questions and I would ask for an 'aye' vote."

"You heard the Lady's explanation. Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2570 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? Representative Saviano. Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Page 4 of Senate Bills-Third Reading, Representative Farnham, you have Senate Bill 2589. Representative Farnham. Out of the record. Leader Barbara 09600128.doc 36  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 Flynn Currie, you have Senate Bill 2594. Read the Bill, Mr. Clerk."

"Leader Barbara Flynn Currie."

"Thank you, Speaker and Members of the House. This measure we voted on in this House earlier this Session. It would eliminate the sunset on the state's Preschool For All Program. This… the elimination of the sunset would not create an entitlement, but it would say that all those children, some 20 to 25 thousand of them who have been able to participate in preschool program since we expanded the service in 2006, would not be forced out of their programs just because the sunset would take hold. So, this… this program would continue guided by appropriations, but the reality is that the more opportunities our youngsters have for preschool programs, quality preschool programs, the better prepared they are for regular school and the better they are then prepared for life. So, I'd be happy to answer your questions and I'd appreciate your support for Senate Bill 2594."

"You heard the Lady's explanation. Is there any discussion? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."

"The Sponsor yields."

"I… I thought I did, but I didn't. The Senate Bill…"

"…came here first, and so what we're trying to do is say that whichever Bill passes first is the Bill that we will then work on."

"But it is identical. You are right to an earlier measure."

"Seeing no further discussion, the question is, 'Should Senate Bill 2594 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes' and 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative LaShawn Ford, you have Senate Bill 25… 2606. Read the Bill, Mr. Clerk."

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

"Thank you, Mr. Speaker and Members of the House. Senate Bill 2606 amends the Illinois Parentage Act to modernize the outdated scientific language in the Act. Doing so, it makes two main changes to the provision involving the standards for DNA testing and modifies the scientific and judicial procedures for establishing paternity. With that, I ask for a favorable vote. There is no opposition to the measure."

"You heard the Gentleman's explanation. No one seeking recognition, the question is, 'Should Senate Bill 2606 pass?' 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 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative John Bradley, you have Senate Bill 2615. Representative Bradley. Read the Bill, Mr. Clerk."

"Representative John Bradley." Bradley, J.: "This is… this is a borrowing Bill for the community colleges in the State of Illinois. It passed unanimously out of committee. I'd ask for an 'aye' vote."

Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy." 09600128.doc 39  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

Speaker Lyons: "The question is, 'Should Senate Bill 2615 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 91 Members voting 'yes, 24 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Feigenholtz on the floor? Representative Brandon Phelps, on the Order of Third Reading-Senate Bills, you have Senate Bill 2632. Out of the record. Representative Pat Verschoore, you have Senate Bill 2794. Read the Bill, Mr. Clerk."

"The Gentleman from Rock Island, Representative Pat Verschoore."

"Thank you, Mr. Pres… Mr. Chairman. What this does is it amends the Hazardous Material Emergency Response Reimbursement Act and the Illinois Vehicle Code. It removes civil defense from and adds law enforcement or police services, emergency mortuary service, includes the duties of the county coroner or a medical examiner and 09600128.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 emergency management to the list of entities considered an emergence… emergency response agency under the Hazardous Material Act. I'd ask for an 'aye' vote and I'd be happy to answer any questions."

"You heard the Gentleman's explanation. No one seeking recognition, the question is, 'Should Senate Bill 2794 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Deborah Mell, you have Senate Bill 2799. Read the Bill, Mr. Clerk."

"The Lady from Cook. Representative Deb Mell."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. SB2799 amends the Barber, Cosmetology, Esthetics, and Nail Technology Act of 1985, to add 'threading to the scope of the Act. The Department of Financial and Professional Regulation administers their Act. There is no opposition."

Speaker Lyons: "You heard the Lady's explanation. No one seeking recognition, the question is, 'Should Senate Bill 2799 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 Verschoore. Mr. Clerk, take the 09600128.doc 41  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 record. On this Bill, there are 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Bill Black, for what purpose do you seek recognition, Sir?"

Speaker Lyons: "Thank you, Mr. Black. Representative Bob Pritchard, you have Senate Bill 2801. Read the Bill, Mr. Clerk."

"The Gentleman from DeKalb, Representative Bob Pritchard."

"Ladies and Gentlemen, again…"

"…the sound in the chamber makes it very hard for Members to explain their Bills, let alone take questions. So, in the words of Chuck Hartke, 'Shh…'. Thank you very much. Representative Pritchard." 09600128.doc 42  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"You've heard the Gentleman's explanation. No one seeking recognition, the question is, 'Should Senate Bill 2801 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? Jerry Mitchell. Mr. Clerk, take the record. On this Bill, there's 87 Members voting 'yes', 28 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Chuck Jefferson, you have Senate Bill 2802 on the Order of Third Reading-Senate Bills. Read the Bill, Mr. Clerk."

"Representative Chuck Jefferson."

"Thank you, Mr. Speaker and Members of the General Assembly. This simply extends the enterprise zone for businesses from the current term, two years, I think 2012. I would ask for an 'aye' vote."

"You heard the Gentleman's explanation. No one seeking recognition, the question is, 'Should Senate Bill 09600128.doc 43  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 2802 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dan Beiser, you have Senate Bill 2804. Read the Bill, Mr. Clerk."

"Representative Beiser."

"Thank you, Mr. Speaker. This is an initiative of the Illinois Municipal League and the Barrington Area Council of Governments. Basically, it allows local governments to set the maximum speed limit to as low as 25 miles per hour. Currently, that is… the maximum is 35 in areas that is justified because of the terrain of the roadway."

"Would the Gentleman…"

"Passed out of committee… it passed out of committee unanimously. And I'd ask for an 'aye' vote and would be happy to answer any questions."

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

"Sponsor yields."

"Under… you mean currently or…" Brady; "Well, if I understand Senate Bill 2804 and what I heard, it's… it's giving the authority to a local municipality, to reduce down the speed limit to 25 miles per hour, if they choose to do so. Is that correct?"

"That's correct."

"An engineering study that would show that, that lower speed is… is needed to protect public safety."

"Yes. That'd be correct."

"You're welcome."

"The Chair recognizes the Gentleman from Boone, Representative Ron Wait."

"He yields."

"Ron, this also… part of this has to do with… and a… what's defined as a 'residence district'. Currently, this amends this clarification def… definition of a 'residence district' by increasing the allowable distance between residences or buildings from 300 to 500 feet. And basically, what this is, this impacts metropolitan areas throughout the state, especially those that are growing, have larger lot subdivisions, suburban rural interfaces, things like that. And again, it was brought to us by Barrington area because of the roadways in that community, in their area, and supported by the Illinois Municipal League. I don't know if that answered your question or if I could further…"

"Sure."

"Representative Beiser to close."

"I would ask for an 'aye' vote."

Speaker Lyons: "The question is, 'Should Senate Bill 2804 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, back on the Calendar on page 3, Leader Tom Cross has Senate Bill 2542. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Kane, Representative Tim Schmitz."

"The Chair recognizes the Gentleman from Cook. Representative John Fritchey."

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

"Sponsor yields."

"Representative, this… this solely resp… this solely addresses agents of student athletes while they're still in school. This has nothing to do with professional sports agents, is that correct?"

"So, to the extent that they're representing a student athlete and that athlete then signs a contract, are they no longer then bound under this and they are bound under normal principles acting as either an agent or an attorney?"

"Right. But, so… so this would end up on the execution of a… of a contract?"

"And then so, and this has been crafted because whoever these people are they… they're really in a unique situation because they're not simply dealing with athletes, they're dealing with athletes who at the time are still students, correct?"

"Okay. Thank you very much."

"No one seeking further discussion, the question is, 'Should Senate Bill 2542 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? Will Burns. Mr. Clerk, take the record. On this Bill, there are 98 Members voting 'yes', 17 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Continuing back on page 4 of the Calendar, Representative Tom Holbrook, you have Senate Bill 2807. Read the Bill, Mr. Clerk."

"The Gentleman from St. Clair, Representative Tom Holbrook."

"Thank you, Speaker. Senate Bill 2807 is an initiative of the Secretary of State's Office to bring some of our licensed LLCs into conformation with the National 09600128.doc 48  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 Conference. We did a small Amendment in the House that cleaned up a drafting error. It passed the Senate 53-0, passed committee unanimously. Be glad to take any questions."

"You heard the Gentleman's explanation. No one seeking recognition, the question is, 'Should Senate Bill 2807 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jack Franks, you have House Bill 2824. Read the Bill, Mr. Clerk. Senate Bill 2824."

"Representative Jack Franks."

"Thank you, Mr. Speaker. This Bill would prohibit child sex offenders from being present in or loitering in any public park and with being within 500 feet of a public park. And the reason we need this legislation is because research shows that child sex offenders are significantly more likely to reoffend. I'd be happy to answer any questions."

"The Chair recognizes the Gentleman from Cook, Representative John Fritchey."

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

"The sponsor yields." 09600128.doc 49  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"Jack, with all due respect, I'm not going to miss these Bills when I'm gone."

"Yeah, I know."

"Under cur… under current law, it is illegal for a child sex offender to be in a park when children are present, correct?"

"I am sorry. Could you repeat that?"

"Under the existing law today, it is illegal and it's a felony for a child sex offender to be in a park if a child is present."

"Knowingly. That's the requirement."

"Correct."

"Right now, so…"

"So, if… if they know that there's kids there, they can't be in the park because they're a convicted child sex offender and that makes sense that we want to keep convicted child sex offenders away from kids."

"Right."

"Correct?"

"Correct."

"So, we're now simply… and I shouldn't say simply… so now you're going to try to extend this to say, if you are a child sex offender, you can't be in a park, regardless if there is a child for miles."

"Correct."

"Where's the nexus?"

"Well, the nexus is you don't know if the child's coming. How… what happens if this person's there and then a child shows up. I don't think these folks should be…" 09600128.doc 50  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"But…"

"…in the proximity."

"…but… and…"

"And I think it's a question of pump you're asking."

"…but we're not… we're not talking… and… and Jack, I mean this respectfully, you and I…"

"Right."

"… go back a long time."

"Right."

"Once they know a child is there, they have to get the heck out of the park because it's a felony for them to be there. But for them… for now we're going to say, we want to reintegrate people into society, but there may not be a child for miles, but you can't set foot in a park because you were a convicted child sex offender."

"Yeah. I think that's one of the privileges that they give up when they decide to prey on young children because I think it's a question of public safety. So, I don't have any qualms about passing this Bill."

"An… and I'm sure you don't and I'm sure you have nothing but good faith in doing this. You're a parent; I'm a parent."

"Right."

"…You and I adore our kids."

"Right."

"But you're now going to say if you're a child sex offender, you can't jog through a park. If you're a child sex offender, you can't… you can't attend a 21 and over concert in a park. If you're a child sex offender, here's 09600128.doc 51  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 one more thing you can't… and… and listen, I… I've made this argument before. There's nobody that's going to accuse me of having one iota of sympathy for the heinous crimes committed by these people. And you know I'm in full support of banning them from parks where there's kids around. And if… if they're in a park and there's no kid around and a kid shows up, they've got to get the heck out of that park or they're going to become a repeat felon, as well they should be, because I don't want them within eyeshot of a child. But to have them banned from a park, even if it's at an adult function where kids are not allowed to be, even if there's a child nowhere to be found, I just don’t see the nexus…"

"John, we'll give you another minute."

"Thank you, Speaker, I appreciate that. Between… between them being in a park with no kids around and the fact that they were a convicted child sex offender."

"I understand your… your reasoning. I think we're dealing with a different class of offender; one whose empirical evidence indicates are much more likely to reoffend. I know it's a tough… I know it's a tough law and I think it needs to be tougher because oftentimes I think the defense could be that they didn't know that there was children there. And the whole reason why we passed this in the past was to protect our children. I think we're taking the next logical step."

"I… I don't want to belabor this. To the Bill, Mr. Speaker and I appre… I appreciate the indulgence here. You… with the talk about empirical studies, I… I hope that 09600128.doc 52  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 individuals read the Chicago Tribune article a couple weeks ago that said a number of the laws that we are passing are having the exult… the exact opposite impact that we've intended that they have, that we are creating a greater likelihood for some of these sex offenders to reoffend, based on these restrictions that are being passed on them. We are creating a situation where we truly are putting them into a leper colony and at a certain point in time, Ladies and Gentlemen, we have to check our moral feelings about these heinous crimes and look at the legality of what we're doing and the impact of what we're doing. None of us want these people anywhere near children. That's why we keep them away from schools. That's why we keep them away from parks, when there's kids there. That's why we keep them away from ice cream trucks. That's why we keep them away from carnivals. That's why we keep them from living near a church. That's why we keep doing a number of things which make sense. But to say that you cannot set foot in a park that have kids nowhere near it simply because of the past offense is piling on without a result, without an intended impact, without a goal being accomplished, and without any logical or rational or basis here other than and… and, Representative Franks, I'm… this is not directed at you… but so many of these people are going to vote for this Bill for political cover and to avoid a hit and to avoid the mail piece, not because it affects a policy, not because there's a reason to keep them away from a park where there's no kids around, you know, more than… this makes no more sense than saying, if you're convicted of murder, you 09600128.doc 53  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 shouldn't be allowed by a park because a person may come into that park and you'll kill them again. There's simply no nexus here. Thank you, Ladies and Gentlemen."

"Representative Durkin."

"The Sponsor yields."

"Well, right now with that same law, they can't be within 500 feet if children are present…"

"…so that wouldn't be changed."

"Right now, the law is, Mr. Durkin, that a child sex offender cannot be at a park or within 500 feet of a park when children are present. That's the law right now. Okay. We're just saying they can't be there whether children are present or not. So, it'd be the same analysis as the law that already exists."

"That might be in another Section of the law."

"It's not in this Bill."

"Right."

"Thank you."

"The Gentleman from Cook, Representative Ken Dunkin."

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

"Sponsor…"

"Representative…"

"… Sponsor yields."

"is… I notice you have on here as a proponent, Lake County Forest Preserve and a member initiative, at least according to my analysis. Did the actual county government there… Lake County Forest Preserve ask you to carry this initiative?"

"No, Sir. It was a Member initiative. I had brought it up with my Senator. I had filed the Bill here in the House. I'd asked her to file the identical legislation in 09600128.doc 55  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 the Senate 'cause I was worried about Bill limitations in this even-numbered year. I thought we'd be dealing a lot more with the budget. Silly me. I thought we'd be spending all our time doing that. So, that's why I'd asked Senator Althoff to file the identical Bill. Once the Bill was filed, then proponents came forward."

"So, did the Lake County Forest Preserve sign up as a proponent or is this a mistake on here?"

"I believe they did in committee, in the… I believe they did sign on as… in the committee."

"Well, I guess, the big reason for that is you have a number of forest preserves across the State of Illinois, correct?"

"Sure."

"Why wouldn't they be all on…"

"I… I didn't go see…"

"…as cosponsors?"

"…proponents. I thought it was a commonsense issue. If people want to get on Bills, they can. I don't know anyone who's against it. If you also look here, you haven't seen anybody's against it. So, I didn't go and seek proponents on this Bill. I didn't think it was necessary."

"Well, Representative, do you know Members… you know… no Member's going to vote against this Bill because none of us, especially those of us, well, actually, none of us, whether you have children or not, would do anything that's going to even give the appearance of coddling a sex offender, especially, someone who molests kids. I mean, that is to me one of the most heinous crimes out here. And 09600128.doc 56  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 I guess that the question that Representative Fritchey asked and some of the line of questions that he asked as a good attorney, such as yourself, will pretty much…"

"I'm not that… I'm not that good of an attorney."

"Well, I guess the real question is enforcement."

"Yeah."

"And how do you couple this with a number of other pieces of legislation that has come across this particular floor. I mean, they're all over the place and… I mean, is there a comprehensive sex offender, child sex offender law that has some real legitimacy…"

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

"Very good… you make a very good point. Right now, the way the law is drafted, I think this is a much brighter line. I think it's much easier for enforcement, for both the… a… a sex offender to know what's happening, as well as law enforcement because right now, one has to register as a sex offender, correct? Right now, if one would go into a park who happens to be a registered sex offender, child sex offender, that person may or may not know whether a child is present. Okay? They could be charged right now under law. This here makes a much brighter line. You can't go there. If you go there, you're breaking the law. I think this makes it much more clear."

"Well, Representative, what I'm looking at and I'll… I'll wrap up, is how do you tangibly enforce this type of law, given that… it's all… our… our child sex offender laws 09600128.doc 57  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 are all over the place and there's really, there seems to be no rhyme or reason or no rhythm when it comes to enforcing sex offenders."

"But we have the same…"

"How do you get a handle on…"

"…but we have the same issues for people who have…"

"…forest preserves versus parks and versus schools. I mean, it seems that we're all over the place and I would think that it makes sense for us to come up with a comprehensive approach of how we're going to enforce child sex predators, collectively, other than what appears to be putting this out at… almost as a political ups… or a plus- positive force here. I mean, how do we actually enforce this law, Representative? Thank you, Mr. Speaker. Did you hear my question? Representative."

"Are you looking for a response, Representative Dunkin? Make this short…"

"Oh, okay."

"…because there's a lot of people who want to speak to this, so answer that question if you can, Representative Franks."

"I shall and I…"

"And then we'll move on."

"…I think the point is on how the enforcement is in many of our criminal laws. For instance, we have laws against driving while under the influence. We have these laws and… and repeat offenders continue to break those laws, so we have to continue to be vigilant. It's the same thing here. We have these laws and we need to have them 09600128.doc 58  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 enforced I don't have a… a good answer on how we do that. And we don't want to become a police state, but by the same token, we need to get the message out and we need to pass strong laws, too, for public safety. And certainly, we need to couple that as well with the proper treatment because these folks do need treatment. That they're… they've got serious mental issues that need to be treated as well, but at the same time, we also need to protect our citizens."

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

"The Sponsor yields."

"Representative Eddie Washington."

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

"Sponsor yields."

"Representative Franks, you know this is a… this is a… a very difficult…"

"Representative Washington, wait just a moment. Ladies and Gentlemen, again, could we please bring the noise level in the chamber down, please. Ladies and Gentlemen, bring the noise level down. Shhh. Thank you very much. Representative Washington."

"And Mr. Speaker, thank you. Representative Franks, this is a… this is a maze type Bill in my mind because there's no way in God's heaven, being a father of seven and knowing what that was like, to be a proponent of support of the crimes of sexual anything, period. But then on the opposite side, sex offenders and people who are charged with that, they pay taxes to supplement forest preserves. They pay taxes to supplement public usage. And so, I'm looking at this board and I see my colleagues' names up there and I know that this is a good… this is a good political legislation. This is good legislation to win 09600128.doc 60  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 elections. But then again, I just saw on 60 Minutes where they have… we have… society has created a colony that houses sex offenders at $180 thousand a pop. I just spoke to the director of… of Corrections concerning the number of individuals who did crime, who did time, time is that they come out of jail, but they had to stay in jail because of the restrictions of X amount of feet from a school, X amount of people living more than one in an apartment building. I'm just saying, when do we cut bait here. You sound so passionate selling this idea, but then, are there not families affected, are there not rights? Can you really legislate morality? Can anybody in this room give a time table when somebody's going to get a sexual urge. They interviewed a guy who said that he should stay in prison. And I'm… I agree with him. He clearly said if you let me out, I'm going to do it again. And so, that is the case. But I want you to tell me, how do we legislate morality and how are we going to off limit in our parks to people who may have that background?"

"We need to legislate deviant conduct. That's our job, Mr. Washington. Simply because you might have a soft spot for people who pay taxes, doesn't mean that we're going to throw our public safety out the window. Now, I heard another speaker talk…"

Speaker Lyons: "Gentlemen, your time is expired. Representative Washington, we'll give you another minute to cl… to bring this art… this discussion to a close."

"Let me say, Representative, it sounds so sweet and nice. It sounds like a lullaby, but at the same time, it 09600128.doc 61  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 does not address the issue. We need to do something different than putting everything off limit to people who've done crime, did the time. And we… and legislation is not going to keep somebody from offending, if they got sexual issues to offend and take somebody's child. I thinks this is a good-intended Bill, but I think it's wrong. We are not… we're not solving the problem, we're creating a bigger problem for ourselves at the taxpayers expense."

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

"Sponsor yields."

"Oh, yeah."

"Yep."

"That's… that's correct."

"Absolutely."

"That's correct."

"You're doing it much better than me. I'm going to sign… I'm going to put you on as a cosponsor."

"I shall."

"Want to finish your thought, Dennis? Okay. The Chair recognizes the Gentleman from McHenry, Representative Mike Tryon."

"Sponsor yields."

"I think we'd have to cross that bridge when we come to it. I'm not sure what the other portions of the sex offender law state. I know it's not in this legislation, and I can get you that answer. I'm not sure and if it needs to be amended, we can… we can do that."

"That's the first I'm hearing this hypothetical. And I'm certainly not… I wouldn't… my intent was not to obligate the… the government, either local, state or federal, to have to purchase that land. No."

"I'm not sure. I'd have to… I'd have to see the research.

"And I… I just don't know what the other portions of our law would say. You may be right. I just… I'm just not sure on that."

"Representative LaShawn Ford."

"Thank you, Mr. Speaker. I'd like to yield my time to Representative Washington."

"Thank you."

"Representative Washington. Two minutes."

"I… I just want to add some clarity and to clear something up. I don't want anybody in this room, including the press, to stick a tail on this particular donkey, that I am in support of acts of criminal violence dealing with 09600128.doc 65  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 sexual any kind, period, point-blank. But at the same time, I do say, I know what I'm saying is correct. My colleague has just informed me that certain parts of Lake Michigan are considered the park area. All I'm saying to those that quickly want to join on and do the noble thing in 2010, I question your motives on it. Because it is quite clear that if we're creating colonies of American citizens, whether they're sick, whether there's sexual crime, whatever it may be, this is supposed to be a civilized society. I know we can do better than to restrict and limit and put these people in a box and give them no alternative solution to solving this problem. Now this problem is much bigger than this chamber. And I'm sure that they've waged the same argument in other chambers like this, but I am asking you to reflect and think on what I'm saying, that if you keep passing laws that limit people's restriction, you're forcing them to find homes in parks and a colony to be set up. The taxpayers are still rolling the bill. The Department of Corrections still have individuals that we're paying for. There has to be a better way. Surely, I'm appealing to some civilized person in this room, that know that is not the route to keep going down, to keep restricting. We need to resolve and solve the problem. Thank you."

"Representative Chapin Rose, you'll be the last speaker and then Representative Fritchey, of course, is going to notify me that his name was used in debate. So, Representative Rose…

Speaker Lyons: "…then Representative Fritchey and then Representative Franks to close. Chapin Rose."

"Representative Reboletti."

"Representative Fritchey, for two minutes and then Representative Franks to close."

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

"Sponsor yields." 09600128.doc 67  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"Jack, let's see if we can take the emotion down a couple levels here. Let me ask you a couple of very serious questions. The entirety of the Chicago lakefront falls under the purview of the Chicago Park District. These individuals would be precluded from sitting anywhere along the lake, from the north end of the city throughout almost to the Indiana border. Is that correct?"

"I don't know if that's correct. I'm not sure what…"

"I… I would submit under a reading of this, it's correct."

"Well, wait a second, let me answer the question because I want you to look at the… at the Bill. If you look at page 2, on subsection (c), they define the ability of… what they say is loitering, not about living. So…"

"Loi… loitering, Jack, is described as… as standing… You know, you actually don't want to go to 2, you want to go right above that, and it says loitering is to stand or to sit idly whether or not you're in a vehicle…"

"Right."

"…or remaining in or around park property."

"Right."

"That actually gets me right to the second thing I'm going to say. On large stretches of the city, large stretches of the city, bus stops are located next to parks. Humboldt Park covers about half a mile. Margate Park covers more than that. Lincoln Park covers more than that. These individuals cannot go and stand at a bus stop to get to work, or to go…"

"They can't do that now, if there're children present. 09600128.doc 68  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"If the children…"

"They cannot do that now."

"If there are children present they can…"

"Right now, they… they can't walk along the lake right now if there's any kids walking around."

"…if… if there are children present."

"Right."

"Right now though, they would never be able to catch a bus…"

"No."

"…at any hour. If they had to go to work at 5 in the morning or come home from work at midnight, they cannot wait by that bus stop because the bus stop is next to the park. In… in Chicago, that takes… that covers certain bus lines from North Avenue for about four miles north. It covers bus lines along…"

"Representative, one more minute."

"…on Marina Drive… on Marina Drive throughout the… Jack, I get what you're trying to do. I disagree with it, but I get it. But even with what you're trying to do, this may be so overly broad it would not withstand court scrutiny in any event. To say that there's going to be a nexus between the heinous crime that these individuals committed and allowing them to wait at a bus stop to catch a bus, just seems like a net that nobody could justify. Speaker, I appreciate your indulgence and Members of the Body, once again, please think about this, and… and… and put our primary responsibility over that of emotions or mail pieces and vote 'no'. Thank you." 09600128.doc 69  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"Representative Franks to close."

"Thank you, Mr. Speaker. I want to thank all those speakers…"

"Representative Franks, one moment. I announced that they were the last two speakers. Your light came on after I had made the announcement. Representative Franks to close."

"I want to thank all… all the folk… all the speakers on this. And I know it is an emotional issue. And I… my… from my colleague from McHenry, the question about the homeownership. As I read the Bill, that would not be impinged by this because of the definition of loitering. So, there would be no issue there. If you read the Bill, they… it's very specific. And to my friend from Pecatonica, I understand his questions on the Romeo and Juliet Laws. I think those ought to be changed, and we've talked about that. And that's not aimed at these folks, but unfortunately that's part of our child sex offender laws and I'd work with you on changing that Bill because we need to and we… we all agree to that. But then I was listening to Mr. Reboletti, as well, and he was impassioned on this and he was helping… helping get the point across. And it made me think, once when Jesse James was asked why he robs the banks. And he said, Well, I rob the banks because that's where the money is. And that's why child sex offenders go to parks because that's where the kids are. We have an obligation to protect our children. This is a commonsense piece of legislation. It's a bright line. There's no more guessing because the law as it states now, 09600128.doc 70  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 says you can't be there if there's kids there. Well, they may or may not know that. This is the… this is a logical progression and I ask for your 'aye' vote."

"After an extended debate, the question is, 'Should Senate Bill 2824 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? Cultra, Flowers, Golar. Mr. Clerk, take the record. On this Bill, there are 91 Members voting 'yes', 17 Members voting 'no', 7 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Robyn Gabel, you rise for a point of personal privilege."

"Thank you. Thank you very much. I am pleased to recognize some students that have come to visit us in Springfield. They're from Evanston Township High School, from the school health center up there. And they've come to let us know how important the school health centers are to their success in high school. So, please join me in welcoming them to Springfield."

"Welcome to the Capitol. Enjoy your day. Glad to have you here. Representative JoAnn Osmond, on the bottom of page 4 you have Senate Bill 2931. Read the Bill, Mr. Clerk."

"Representative JoAnn Osmond."

Speaker Lyons: "You've heard the Lady's… the Lady's explanation. Is there any discussion on Senate Bill 2931? Seeing none, the question is, 'Should Senate Bill 2931 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 is 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 5 of the Calendar, Representative Sente, you have Senate Bill 2951. Carol. 2951, Representative? Read the Bill, Mr. Clerk."

Speaker Lyons: "The Chair recognizes the Lady from Lake, Representative Carol Sente."

"Thank you, Speaker. This is a bike safety Bill. This legislation models reckless driving law, with one change to it. If a person is driving their car unnecessarily close or toward a bike rider, one of two things can happen to the driver. One, they can be charged with a Class A 09600128.doc 72  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 misdemeanor, if the action does not cause them great bodily harm. Or they can be charged with a Class III felony, if the action causes permanent disfigurement or great bodily harm. The Class III felony is one increase in grade from reckless driving due to the individual being out of the vehicle and their potential for injury. And this Bill not only covers bike riders, but it also covers pedestrians and those in a horse drawn carriage. Reckless driving is a legal term of art. It's well-defined, so it covers willful or wanton disregard for safety. And I am happy to take questions."

Speaker Lyons: "You heard the Lady's explanation. Any discussion? The Chair recognizes the Gentleman from Cook, Representative John Fritchey."

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

"Sponsor yields."

"Representative, I just don't know. Representative, I… I've seen a number of legal terms over the years, unnecessarily close, isn't one of them. How… how is that to be defined here?"

"I spoke with Jeanne Wrenn and she checked with Matt Jones from the State's Attorney Office. We discussed 'unnecessarily close' as well as in 'close proximity', and close proximity does deal with when children are in a school zone. As we discussed it, we want a term that is neither too broad nor too narrow and they had no difficulty with that. So, I think that the circumstantial evidence should be able to determine whether the driver's at fault." 09600128.doc 73  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"So you’re going to rely on circle… circumstantial evidence of an ambiguous term for a criminal prosecution?"

"Well, again, I'm proposing that we want a term that's neither too broad nor too narrow and an attorney should be able to defend and determine whether this was met."

"Is this term used anywhere else in the statutes?"

"Excuse me."

"Is this used anywhere else in the statutes? Is this used anywhere else in the statutes, right now? I mean, we… we have provisions for reckless driving and we have provisions for a number of other things that have to deal with negligence, reckless conduct, et cetera, whether it's between vehicles, whether it's between a vehicle and a pedestrian, et cetera. And we have, actually, there's statutes in regard for being too close, and unreasonable proximity to a pedestrian in a crosswalk."

"To answer your…"

"Go ahead, please."

"To answer your question, not that I'm aware of that it occurs somewhere else. However, one of the things this Bill does is shine a spotlight on bike safety. Bike safety is an issue in my area. This is why I picked up this Bill. I've been on a bike. I've had someone swerve into me or drive unnecessarily close. And the amount of injury you can get on a bike, this is why I think this is a good Bill."

"So, if… I think it's a great idea. If somebody is driving unnecessarily close to a bicyclist…" 09600128.doc 74  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"Representative Fritchey, your time is up. I'll give you another minute to complete your remarks."

"Would… would they be accused of reckless driving?"

"Would they be?"

"If… if they were unnecess… or unreasonably close, and maybe we should put little quotations here. Would that be reckless?"

"No, they have to meet the term of reckless driving, which would be willful or wanton disregard. So, if they were texting, for example, if they were driving as defined by reckless, which is a term of art."

"So… so…"

"So, they just can't be close to, they have to be right… driving reckless, or intentionally driving into the bike rider."

"So, you're proposing that even if they weren't reckless, so there was no willful up… there was no willfulness in their being unreasonably close, you still want to make them a felon?"

"Only if it causes permanent disfigurement."

"Or great bodily harm, no?"

"Correct."

"Or is that just permanent disfigurement. Okay. Okay, well, listen, I… I know you have done a lot of work on the Bill. I still can't believe there's not a better way to create the verbiage on it, but I appreciate your responses to the question."

"Thank you." 09600128.doc 75  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"The Chair recognizes the Gentleman from DuPage, Representative Randy Ramey."

"Sponsor yields."

"Correct."

"No, I would assume that is not what is going to happen. And I do agree with you, there are also occasions where bike riders are not following the rules of the road and they're contributing to this issue. So, in… if there's a determination by an officer writing a ticket, they would take that into account as they would for any other citation they're giving and this similar thing would occur in court. I would assume, again, I'm not a lawyer, but the more that the bike rider is contributing to the situation, the less that there's a possibility that the driver is going to be charged with this offense."

"I can't hear." 09600128.doc 76  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"I just don't feel that it's going to be an issue. I spent a lot of time talking to attorneys. I did call the State's Attorneys Office. They do not have any issue with this Bill. There's no opponent… opponents to this and I don't believe that that will be a problem should this citation occur."

"Representative, we’ll give you another minute, to finish your…"

"Representative Jack Franks."

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

"Sponsor yields."

"What happens if the bike rider's, riding too close to a pedestrian? What happens if a bike rider hits a pedestrian?"

"This deals with someone in a car."

"Oh, okay. I… I'm reading the Bill actually. I…"

"Excellent."

"It's amazing. But they say in… in the subsection (e), 'a person driving a motor vehicle shall not, in a reckless manner, drive the motor vehicle unnecessarily close to, toward or near a bicyclist, pedestrian or a person riding a horse or driving an animal drawn vehicle.' Now, reckless manner, what happens if we have Mario Andretti and this guy has the best reflexes you've ever seen. And Mario Andretti's a race car driver. You might have heard of him. You might be too young, but let's say he's just an amazing driver, and he's not driving recklessly because he is actually so good. So how do you define reckless manner if you've got Mario Andretti behind the wheel or Emerson Fittipaldi or any NASCAR person you might like?"

"Just because they're 'a skilled driver', they're still driving reckless… recklessly because they… they may be threatening the bike rider and the bike rider may then fall off their bike and have permanent disfigurement."

"It's a bit subjective, though, would you… would you agree?"

"Most things are." 09600128.doc 78  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"Okay. Now, I'm going to the penalty issue. There seems to be different levels for taking someone to the woodshed, correct?"

"I don't know what you're talking about?"

"Well, there's a Class A misdemeanor and a Class III felony. Would you… you know, euphemistically, refer to them as getting taken to the woodshed, being punished. Correct?"

"You could say that, yes."

"Okay. Could you tell us why you've chosen these two separate woodshed penalties?"

"I… this mirrors reckless driving, so I did not choose this. This is current law. And it moves from a Class IV felony to a Class III felony because the person is out of the car and there is more serious opportunity for that individual to be injured whether in a horse drawn carriage, pedestrian, or bike rider. Bike safety is a serious issue in Illinois at…"

Speaker Lyons: "Representative Franks, your time’s expired. I'll give you a minute to wrap that up."

"Okay. Well, your answer was, in effect, taking me to the woodshed for not understanding that. Would that be correct?"

"Yes."

"Okay. Well, I appreciate her responses and though maybe in artfully drafted, I think we should all support this Bill."

"The Chair recognizes the Gentleman from Cook, Representative Will Davis." 09600128.doc 79  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 Davis, W.: "Thank you, Mr. Speaker. Sponsor yield?"

"Sponsor yields." Davis, W.: "I will certainly try to be brief, Representative. How is ‘reckless’ defined in this Bill?"

"Reckless is defined in case law and is a common term of art and it's willful and wanton disregard for the individual." Davis, W.: "Well, I understand that texting while driving is against the law here in Illinois, but outside of the… in most areas people are now… when you talk on the phone they're using headsets, so it's hands free. So, can talking on the phone fall into that category? I guess what my… my fear is, is that it's still very subjective. So, you have an accident with a car and a… and a bicyclist, if it was determined that I'm on the phone talking, I'm wondering if that's a subjective decision that a police officer will make, and subsequently issue me a ticket because I was on the phone, where it's not illegal to be on the phone.”

"Right." Davis, W.: "So, I… I'm kind of concerned about that."

"What the police officer determines, again, is subjective. They're going to look at the evidence. They're going to talk to both the driver as well as the bike rider. So, the driver has their opportunity to state what the position was; I was watching the road, I saw the bike rider, I was in my lane, you know, and so I don't think that a citation would be issued then. I think the officers are trained to look and watch what's happening. 09600128.doc 80  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 What I also like about this Bill is it does provide an additional tool for the officer to… when they're going out as community service officer to the schools to teach more about bike safety." Davis, W.: "Well, one more thing that… that does concern me about the Bill, and… and one of the cosponsors of your Bill brought an issue for it about trying to identify bike lanes on road ways, which is fine, but certainly in communities that I represent, that may be a challenge; limited resources, smaller roadways, in some respects. So, while I do respect bike riders on roadways, I'm always just concerned that in certain communities, like some of the ones that I represent, if you got narrower, a very narrow roadway and an accident occurs, that someone now may be subject to a pen…"

"Representative Davis, I'll give you another minute to finish your thoughts." Davis, W.: "…may be subject to a penalty when they really did nothing wrong. I'm… I’m just kind of concerned about, that's all. Thank you very much."

"Final speaker will be Representative Nekritz and then Representative Sente to close."

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

"Sponsor yields."

"Representative, to the… I just want to get back to some points that were made earlier when… with regard to the example that… that maybe Mario Andretti might be driving by. Don’t we have laws that… and because they're such 09600128.doc 81  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 expert drivers and they don't touch anybody that, that should not constitute reckless conduct. Don't we have laws that pro… that… that make it a criminal… a crime to assault someone even though we don't touch them?"

"Yes. I believe we do."

"So, you can threaten someone and it would still constitute a crime?"

"Absolutely."

"And did you have any discussions with the chiefs of police about this Bill?"

"Yes, I did."

"So, again, to an earlier speaker's point. If someone… and I've probably had more road rash than anyone else in this room… if someone who’s just had some road rash and it's pretty clear that they just fell over, that's going to be a little bit different in terms of the investigation that the police might be able to conduct and the fact pattern that will be… that will be evident on the roadway than someone who actually got hit by a car and gets thrown 20 feet?"

"Yeah. I think that's very evident when the officer comes to the scene and… and determines what's happened. Correct."

"I… I would agree. I thinks it's… you know, it's, again, very different when you come in to contact with a moving vehicle and it does throw the rider pretty far, versus a rider just falling over and… and getting some road rash. Ladies and Gentlemen, I think this is… this is an important Bill for the protection of those on our roadways 09600128.doc 82  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 who are exp… are more exposed than when you're driving in a… in a vehicle that in which your encased in steel and you've got air bags and all that. And we need, again, be promoting safe cycling in this state as a method for, you know, addressing health issues, environmental issues and in fact, just getting people out of their cars is a… is a way of reducing… it can be a way of reducing the oil consumption from… from overseas. So, I think this is important to… to protect the cyclists of the State of Illinois."

"Representative Sente to close."

"Thank you, Representative Nekritz. I think Rep… she made my close. The idea of promoting a Bill for bicycle safety, the environment and health, is exactly why I picked up this Bill. And I request an 'aye' vote."

Speaker Lyons: "The question is, 'Should Senate Bill 2951 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… Saviano, Reboletti, May. Take the record. On this Bill, there are 93 Members voting 'yes', 20 Members voting 'no', 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Lisa Dugan, for what purpose do you seek recognition?"

"Point of personal privilege."

"Please proceed."

"Thank you, Speaker. Fellow Members of the House, if you could stand with me to welcome… I know there's many 09600128.doc 83  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 firefighters in the gallery. I do have a couple of firefighters from the Kankakee County area in my district. And so, if you could please give them a warm welcome and all the firefighters that are here, I know, throughout the state."

"Congratulations, firefighters. Glad to have you in Springfield. Always a privilege to have you here. Leader Barbara Flynn Currie, under Senate Bills-Third Reading, you have Senate Bill 2976. Read the Bill, Mr. Clerk."

Speaker Lyons: "Representative Currie, if I may. Representative Will Davis had his light on before I started the Bill. Let me… Representative Davis, did you have something?" Davis, W.: "I… very similar to what Representative Dugan just did. Mr. David Duvall, who is a firefighter from the Village of Dolton in my district, is here with the firefighters. Please give them a great round of applause. Thank you, Mr. Speaker."

"Thank you, firefighters. Thanks for what you do for us every day. Representative Washington, did you have an announcement? No. Okay. Representative Currie, thank you for allowing me…"

"Sure."

Speaker Lyons: "…to let the firefighters be recognized. Representative Barbara Flynn Currie on Senate Bill 2976." 09600128.doc 84  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"Thank you very much, Speaker and Members of the House. This is an initiative of the Department of Healthcare and Family Services enabling them to make sure that they are in compliance with Federal and State Law, in respect to the operation of the Juvenile Rehabilitation Services Medicaid Matching Fund, the Drug Rebate Fund, and the Child Support Administrative Fund. In addition, under the Public Aid Recoveries Trust Fund, instead of sending some of those dollars to the General Revenue Fund, this proposes to hold the money in the Medical Assistance Program this year, which started in fiscal 2009, we transferred about 23 million in excess balances from the Public Aid Recoveries Trust Fund to the General Revenue Fund. Had we held that money in the Medical Assistance Program, we would have gathered 58 million in extra reimbursement from the Federal Government. So, this measure would ensure that in the future, if there are excess balances in that fund, we will be able to draw down additional federal match. I know of no opposition and I'd be happy to answer your questions and I would appreciate your support for this Bill that will help new Director Hamos do her job most efficiently and most well."

Speaker Lyons: "You heard the Lady's explanation. No one seeking recognition, the question is, 'Should Senate Bill 2976 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? Saviano, Hannig, Brady. Mr. Clerk, take the record. On this Bill, there's 104 Members voting 'yes', 11 09600128.doc 85  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Patti Bellock, you have Senate Bill 2981. Read the Bill, Mr. Clerk."

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

Speaker Lyons: "You heard the Lady's explanation. No one seeking recognition, the question is, 'Should Senate Bill 2981 pass?" All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative DeLuca, you have Senate Bill 2993. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Anthony DeLuca."

"Thank you, Mr. Speaker. Members of the House, Senate Bill 2993, this is an initiative by the Secretary of State. And the Federal Motor Carrier Safety Administration conducts an audit and there were four findings. And for the State of Illinois to be in compliance with Federal Law, we have to adopt these four findings. I ask for your support."

"You heard the Gentleman's explanation of the Bill. No one seeking recognition, the question is, 'Should Senate Bill 2993 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? Ken Dunkin. Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Don Moffitt, Senate Bill 3018. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Gentleman from Knox, Representative Moffitt."

"You've heard the Gentleman's explanation. No one is seeking recognition, the question is, 'Should Senate Bill 3018 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Senate Bill 3023, Representative Poe. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Gentleman from Sangamon, Representative Raymond Poe."

"You heard the Gentleman's explanation. No one is seeking recogni… The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."

"Sponsor yields."

Speaker Lyons: "No one further seeking recognition, the question is, 'Should Senate Bill 3023 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? Shane Cultra. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 5 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Danny Reitz, you have Senate Bill 3035. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Gentleman from Randolph, Representative Reitz." 09600128.doc 89  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"Thank you, Mr. Speaker. This Bill changes the Alzheimer's Special Care Disclosure Act and renames it to the Alzheimer's Disease and Related Dementias Special Care Disclosure Act. The intent is just to include other dementia related diseases under this Act and what they need to disclose when dealing with those dementias, Alzheimer being the most prevalent. And I'd be happy to answer any questions."

"You heard the Gentleman's explanation. No one is seeking recognition, the question is, 'Should Senate Bill 3035 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 115 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Joyce, are you in the chamber? Mr. Clerk, on the middle of page 5, under Senate Bill-Third Reading, Representative Lisa Dugan has Senate Bill 3057. Read the Bill, Mr. Clerk."

"The Chair recognizes the Lady from Kankakee, Representative Lisa Dugan."

"Thank you, Speaker. Senate Bill 3057 is similar to House Bill 3660. And what it is, is it's an initiative of the Illinois Department of Public Health to update the language in the Act and clarify terms of art. It… it changes wording, some definitions, and… and a lot of other 09600128.doc 90  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 things. It… it did passed the Senate 49-6. And I'll certainly answer any questions if anyone has any, otherwise, I'd ask for an 'aye' vote."

"You heard the Lady's explanation on Senate Bill 3057. No one is seeking rec… The Chair recognizes the Gentleman from Cook, Representative John Fritchey."

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

"Sponsor yields."

"Just real quickly, what does this do?"

"You want me to read the list, Representative?"

"No."

"It… it… what it does…"

"Just like one sentence."

"The brief overview is the Swimming Facility Act was established to protect the public health by requiring appropriate design, construction and operation of public swimming facilities…"

"And so, this just expands the definition of what a swimming facility is."

"Correct. It kind of clarifies and… and puts things into place."

"That's it. Okay. Thank you."

"Thank you."

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

"The Gentleman from Peoria, Representative David Leitch."

Speaker Lyons: "The Chair recognizes the Lady from Lake, Representative Karen May."

"Yes. Will the Sponsor yield?"

"Sponsor yields."

"Yes. Representative, have… do you know if the Department of Public Health or you or any of the Sponsors have met with the Illinois Association of Park Districts to discuss the implications of this legislation?" 09600128.doc 94  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"Representative, I have not personally talked to them. I understand, at least from what I've been told, there was no opposition because there was a Senate Amendment that was put on that did address some of the concerns. So, that's all I can tell you from my end."

"And could you just recap for us what that Amendment was. I mean, what concerns were addressed with that Amendment."

"Well, the Senate Amendment… some of the things that have been talked about as far as some of the penalties and when the department is going to be able to put in the penalties, that… if someone has already starting on fixing what the department has told them to fix, they will not be lev… levying the penalties against them. So, they tried it to address and also the denial, suspension or revocation of a license, what the department can't do and it does repeal provisions provided that the Department of Public Health shall proceed to suspend, without first making notice to the entity working with them and that type of thing."

"Thank you. It's… it's my understanding that there's new federal legislation coming down regarding the drains. Are park districts, that mostly operate the public pools in this state, are… are grappling with it right now, and many of them cannot afford to fix the problem. While it might be just the drain for safety reasons, that's a small part, but as long as they're in there, they have to fix other antiquated systems and all. And I'm aware of park districts, also, that are just going to have to be closing their pools this summer. So, I'm afraid that this might exacerbate that problem, actually make it worse. While 09600128.doc 95  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010 safety is paramount with… with all of these changes, with antiquated pools around the state, it's going to make it very hard. I… I know that you have picked up a Senate Bill and something that's been worked on in the Senate, but I think it's very important that the Department of Public Health work with the Illinois Association of Park Districts and assess this. And I would encourage that if this passes, that the Governor's Office do that, and really take a harder look at this legislation before it's signed into law. Thank you."

"Thank you."

"Representative Dugan to close."

"Yes. And I do want to just comment briefly on… on what the previous Representative talked about as far as the drains. The drains in the pools, which is something that I've been working with the department and the Association of YMCAs and the Park Districts on this drain issue, that was a federal mandate that came down that we're trying to straighten out in the state. And the Department of Public Health has been working very closely with Park Districts and the Ys to try to get that particular issue addressed. I talked to the Association of… of Ys because of the fact that's who I was dealing with on the drains. They have no opposition to this particular legislation. Again, it's to try to help the department protect the public, putting into place some areas of concern and also hopefully being able then to allow the funding to come in to help our local park districts and pools and communities to continue to operate. So, I would like to ask for an 'aye' vote." 09600128.doc 96  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

Speaker Lyons: "The question is, 'Should Senate Bill 3057 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 68 Members voting 'yes', 47 Members voting 'no' and 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Chapin Rose, for what purpose do you seek recognition, Sir?"

"Mr. Clerk, what's the status of Senate Bill 3568?"

"Third Reading. Representative Elaine Nekritz, purpose of an announcement. Representative Nekritz."

"Thank you, Mr. Speaker. I just want to make sure that my colleagues are all aware that we're closing in on the Dancing with the Capitol Stars, for next Weds… next Wednesday, the 28, which is the Conference of Women Legislator's fund-raiser. A number of people from this chamber will be participating in that, so I would encourage everyone to make sure that that's on your calendar, at the Hilton, from 6 to 8 next Weds… a week from today. And we'll look forward to seeing you there. Thank you."

"Mr. Clerk, Agreed Resolutions." 09600128.doc 97  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 128th Legislative Day 4/21/2010

"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, committee announcements."

Speaker Lyons: "And now, seeing that there's no further business to come before the House, Leader Barbara Flynn Currie moves that the House stand adjourned 'til the hour of 2 p.m. on Thursday, April 22. So, allowing perfunctory time for the Clerk, Leader Currie moves for the House to stand adjourned. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And we stand adjourned until 2 p.m. on Thursday, April 22. Have an enjoyable evening everyone."